EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12673-01-0
S. 7508 2 A. 9508
repeal certain provisions of the public authorities law relating ther-
eto (Part J); to amend chapter 54 of the laws of 2016 amending the
general municipal law relating to the New York transit authority and
the metropolitan transportation authority, in relation to extending
authorization for tax increment financing for the metropolitan trans-
portation authority (Part K); to amend the public authorities law, in
relation to providing the metropolitan transit authority the right to
enter private property to trim trees and vegetation for safety
purposes (Part L); to amend the penal law, in relation to including
the intentional use of any toll highway, parkway, road, bridge or
tunnel or entry into or remaining in a tolled central business
district without payment of the lawful toll or charge as a theft of
services; and to amend the vehicle and traffic law, in relation to the
penalty imposed upon the operator of a vehicle with an altered or
obscured license plate while on a toll highway, bridge or tunnel (Part
M); to amend the penal law, in relation to assaulting certain employ-
ees of a transit agency or authority (Part N); to amend the penal law,
in relation to harassing certain employees of a transit agency or
authority (Part O); to amend the penal law and the public authorities
law, in relation to transit crimes and prohibition orders relating to
such crimes (Part P); to amend the business corporation law, the coop-
erative corporations law, the executive law, the general associations
law, the general business law, the limited liability company law, the
not-for-profit corporation law, the partnership law, the private hous-
ing finance law, the arts and cultural affairs law, the real property
law and the tax law, in relation to streamlining the process by which
service of process is served against a corporate or other entity with
the secretary of state; and to repeal certain provisions of the real
property law relating thereto (Part Q); to amend chapter 21 of the
laws of 2003, amending the executive law relating to permitting the
secretary of state to provide special handling for all documents filed
or issued by the division of corporations and to permit additional
levels of such expedited service, in relation to extending the effec-
tiveness thereof (Part R); to amend the general business law, in
relation to prohibiting gender discrimination within the pricing of
consumer goods and services (Part S); to amend the general business
law, in relation to telemarketing and to provide for caller identifi-
cation transparency, call authentication, and call blocking services;
and to repeal certain provisions of such law relating thereto (Part
T); to amend the state law, in relation to making changes to the arms
of the state (Part U); to amend the executive law, the real property
law and the general business law, in relation to qualifications for
appointment and employment (Part V); to amend the real property law,
in relation to home inspection professional licensing (Part W); to
amend the business corporation law, the executive law, the limited
liability company law, the not-for-profit corporation law, and the
partnership law, in relation to filing of certificates with the
department of state; and repealing provisions of the business corpo-
ration law, the limited liability company law and the tax law related
thereto (Part X); to authorize utility and cable television assess-
ments that provide funds to the department of health from cable tele-
vision assessment revenues and to the department of agriculture and
markets, department of environmental conservation, department of
state, and the office of parks, recreation and historic preservation
from utility assessment revenues (Part Y); to amend the public service
law, in relation to strengthening the oversight and enforcement mech-
S. 7508 3 A. 9508
anisms of the public service commission (Part Z); to amend the public
service law, the state finance law, the public authorities law and the
general business law, in relation to prohibiting internet service
providers from preventing access to certain internet content or appli-
cations or requiring users to pay to access certain internet content
or applications (Part AA); to amend the general municipal law, in
relation to authorizing municipal corporations to charge for use and
occupancy of fiber-optic lines on municipally owned rights of way and
establish a uniform process for the siting of small cell wireless
facilities; and to amend the highway law, in relation to statewide
master license agreements (Part BB); to amend chapter 584 of the laws
of 2011, amending the public authorities law relating to the powers
and duties of the dormitory authority of the state of New York rela-
tive to the establishment of subsidiaries for certain purposes, in
relation to the effectiveness thereof (Part CC); to amend the infras-
tructure investment act, in relation to requiring certain contracts to
comply with service-disabled veteran-owned business enterprises, nego-
tiating prices in certain lump-sum contracts, referencing certain
sections of law and providing for a date of repeal (Part DD); to amend
the New York state urban development corporation act, in relation to
extending the authority of the New York state urban development corpo-
ration to administer the empire state economic development fund (Part
EE); to amend chapter 393 of the laws of 1994 amending the New York
state urban development corporation act, relating to the powers of the
New York state urban development corporation to make loans, in
relation to extending the general loan powers of the New York state
urban development corporation (Part FF); to amend the economic devel-
opment law, in relation to economic transformation program eligibility
(Part GG); to authorize the New York state energy research and devel-
opment authority to finance a portion of its research, development and
demonstration, policy and planning, and Fuel NY program, as well as
climate change related expenses of the department of environmental
conservation and the department of agriculture and markets' Fuel NY
program, from an assessment on gas and electric corporations (Part
HH); to amend the labor law, in relation to the definitions of employ-
er and immediate family member (Part II); to amend the general munici-
pal law, in relation to discretionary spending and procurement proce-
dures for school districts in relation to New York state products
(Part JJ); to amend the public authorities law, in relation to the
water pollution control revolving fund and the drinking water revolv-
ing fund (Part KK); to amend the banking law and the civil practice
law and rules, in relation to licensing consumer debt collectors (Part
LL); to amend the financial services law, in relation to licensing
student debt relief consultants; and to amend the banking law, in
relation to requiring fingerprinting for applications for a student
loan servicer license (Part MM); to amend the financial services law
and the insurance law, in relation to protecting New York consumers
from unfair and abusive practices (Part NN); to amend the banking law,
in relation to fighting elder financial fraud (Part OO); to amend the
environmental conservation law, in relation to expanded polystyrene
foam container and polystyrene loose fill packaging ban (Part PP);
authorizing the creation of state debt in the amount of three billion
dollars, in relation to creating the environmental bond act of 2020
"restore mother nature" for the purposes of environmental improvements
that preserve, enhance, and restore New York's natural resources and
reduce the impact of climate change by restoring habitats and reducing
S. 7508 4 A. 9508
flood risk; improving water quality; protecting open space and invest-
ing in recreational infrastructure; expanding the use of renewable
energy to mitigate climate change; and providing for the submission to
the people of a proposition or question therefor to be voted upon at
the general election to be held in November, 2020 (Part QQ); to amend
the environmental conservation law and the state finance law, in
relation to the implementation of the environmental bond act of 2020
"restore mother nature" (Part RR); to amend the environmental conser-
vation law, in relation to a product stewardship program; and to amend
the state finance law, in relation to establishing the stewardship
organization fund (Part SS); to amend the environmental conservation
law, in relation to freshwater wetlands; and to repeal certain
provisions of such law relating thereto (Part TT); to authorize the
county of Nassau, to permanently and temporarily convey certain ease-
ments and to temporarily alienate certain parklands (Subpart A); to
authorize the village of East Rockaway, county of Nassau, to perma-
nently and temporarily convey certain easements and to temporarily
alienate certain parklands (Subpart B); and to authorize the village
of Rockville Centre, county of Nassau, to permanently and temporarily
convey certain easements and to temporarily alienate certain parklands
(Subpart C) (Part UU); to amend the environmental conservation law, in
relation to financial security for the plugging and site reclamation
of regulated wells (Part VV); to amend the environmental conservation
law, in relation to banning fracking (Part WW); to amend the vehicle
and traffic law, in relation to bicycles with electric assist (Part
XX); to amend chapter 62 of the laws of 2003, amending the vehicle and
traffic law and other laws relating to increasing certain motor vehi-
cle transaction fees, in relation to the effectiveness thereof; and to
amend chapter 84 of the laws of 2002, amending the state finance law
relating to the costs of the department of motor vehicles, in relation
to the effectiveness thereof (Part YY); to amend chapter 751 of the
laws of 2005, amending the insurance law and the vehicle and traffic
law relating to establishing the accident prevention course internet
technology pilot program, in relation to extending the effectiveness
thereof (Part ZZ); to amend the vehicle and traffic law, in relation
to the regulation of the use of electric scooters (Part AAA); to amend
the public authorities law, in relation to the centers for advanced
technology program; and to repeal section 410 of the economic develop-
ment law relating to the centers for excellence program (Part BBB); to
amend the insurance law, the public authorities law and the tax law,
in relation to authorizing the power authority of the state of New
York to form a pure captive insurance company (Part CCC); to amend the
Hudson river park act, in relation to Pier 76 (Part DDD); to amend the
New York Buy American Act, in relation to the report to be provided
and to making such provisions permanent (Part EEE); to amend the labor
law, in relation to prevailing wage requirements (Part FFF); and to
amend the labor law, in relation to classification of digital market-
place workers; and to establish the New York digital marketplace work-
er classification task force (Part GGG)
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
S. 7508 5 A. 9508
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through GGG. The effective date for each partic-
ular 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. Paragraph (e) of subdivision 4 of section 10-c of the high-
way law, as amended by section 2 of subpart B of part C of chapter 97 of
the laws of 2011, is amended to read as follows:
(e) Funds allocated for local street or highway projects under this
subdivision shall be used to undertake work on a project either with the
municipality's own forces or by contract, provided however, that whenev-
er the estimate for the construction contract work exceeds one hundred
thousand dollars but does not exceed [two] SEVEN hundred fifty thousand
dollars such work must be performed either with the municipality's own
forces or by contract let by competitive bid in accordance with the
provisions of section one hundred three of the general municipal law and
provided further, however, that whenever the estimate for the
construction contract work exceeds [two] SEVEN hundred fifty thousand
dollars such work must be performed by contract let by competitive bid
in accordance with the provisions of section one hundred three of the
general municipal law.
§ 2. Subdivision 6 of section 234 of the transportation law, as
amended by chapter 369 of the laws of 1979, is amended to read as
follows:
6. for local street or highway projects, to undertake the work of the
project either with its own forces or by contract, however, whenever the
estimate for the construction contract work exceeds SEVEN HUNDRED fifty
thousand dollars such work must be performed by contract let by the
competitive bid process.
§ 3. This act shall take effect immediately.
PART B
Section 1. Subdivisions (g) and (h) of section 1800 of the vehicle and
traffic law, as added by chapter 221 of the laws of 2008, are amended to
read as follows:
(g) Notwithstanding the provisions of subdivisions (b) and (c) of this
section, a person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant to
one or more of the following provisions of this chapter: paragraphs two
and nine of subdivision (a) of section sixteen hundred twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of section seventy-one of the transportation law, prohibiting the opera-
tion on a highway or parkway of a motor vehicle registered as a commer-
cial vehicle and having a gross vehicle weight rating of less than
[twenty-six] TEN thousand pounds shall, for a first conviction thereof,
be punished by a fine of not more than two hundred fifty dollars or by
imprisonment of not more than fifteen days or by both such fine and
imprisonment; for a conviction of a second violation, both of which were
S. 7508 6 A. 9508
committed within a period of eighteen months, such person shall be
punished by a fine of not more than five hundred dollars or by imprison-
ment for not more than forty-five days or by both such fine and impri-
sonment; upon a conviction of a third or subsequent violation, all of
which were committed within a period of eighteen months, such person
shall be punished by a fine of not more than seven hundred fifty dollars
or by imprisonment of not more than ninety days or by both such fine and
imprisonment. Provided, however, the provisions of this subdivision
shall not apply to a commercial motor vehicle as such term is defined in
paragraph (a) of subdivision four of section five hundred one-a of this
chapter.
(h) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS (B) AND (C) OF THIS
SECTION, A PERSON CONVICTED OF A TRAFFIC INFRACTION FOR A VIOLATION OF
ANY ORDINANCE, ORDER, RULE, REGULATION OR LOCAL LAW ADOPTED PURSUANT TO
ONE OR MORE OF THE FOLLOWING PROVISIONS OF THIS CHAPTER: PARAGRAPHS TWO
AND NINE OF SUBDIVISION (A) OF SECTION SIXTEEN HUNDRED TWENTY-ONE;
SUBDIVISION THREE OF SECTION SIXTEEN HUNDRED THIRTY; OR SUBDIVISION FIVE
OF SECTION SEVENTY-ONE OF THE TRANSPORTATION LAW, PROHIBITING THE OPERA-
TION ON A HIGHWAY OR PARKWAY OF A MOTOR VEHICLE REGISTERED AS A COMMER-
CIAL VEHICLE AND HAVING A GROSS VEHICLE WEIGHT RATING OF AT LEAST TEN
THOUSAND POUNDS BUT NO MORE THAN TWENTY-SIX THOUSAND POUNDS SHALL, FOR A
FIRST CONVICTION THEREOF, BE PUNISHED BY A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN FIFTEEN DAYS OR BY
BOTH SUCH FINE AND IMPRISONMENT; FOR A CONVICTION OF A SECOND VIOLATION,
BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH
PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN FIFTEEN HUNDRED
DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS OR BY BOTH
SUCH FINE AND IMPRISONMENT; UPON A CONVICTION OF A THIRD OR SUBSEQUENT
VIOLATION, ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN
MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN TWO
THOUSAND FIVE HUNDRED DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN NINETY
DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT; PROVIDED, HOWEVER, THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A COMMERCIAL MOTOR
VEHICLE AS SUCH TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF
SECTION FIVE HUNDRED ONE-A OF THIS CHAPTER.
(I) Notwithstanding the provisions of subdivisions (b) and (c) of this
section, a person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant to
one or more of the following provisions of this chapter: paragraphs two
and nine of subdivision (a) of section sixteen hundred twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of section seventy-one of the transportation law, prohibiting the opera-
tion on a highway or parkway of a commercial motor vehicle as defined in
paragraph (a) of subdivision four of section five hundred one-a of this
chapter, for a first conviction thereof, be punished by a fine of not
more than [three hundred fifty] FIVE THOUSAND dollars or by imprisonment
of not more than fifteen days or by both such fine and imprisonment; for
a conviction of a second violation, both of which were committed within
a period of eighteen months, such person shall be punished by a fine of
not more than seven THOUSAND FIVE hundred dollars or by imprisonment for
not more than forty-five days or by both such fine and imprisonment;
upon a conviction of a third or subsequent violation, all of which were
committed within a period of eighteen months, such person shall be
punished by a fine of not more than [one] TEN thousand dollars or by
imprisonment of not more than ninety days or by both such fine and
imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI-
S. 7508 7 A. 9508
SION, THE REGISTRATION OF THE VEHICLE MAY BE SUSPENDED FOR A PERIOD NOT
TO EXCEED ONE YEAR WHETHER AT THE TIME OF THE VIOLATION THE VEHICLE WAS
IN CHARGE OF THE OWNER OR HIS AGENT. THE PROVISIONS OF SECTION FIVE
HUNDRED TEN OF THIS CHAPTER SHALL APPLY TO SUCH SUSPENSION EXCEPT AS
OTHERWISE PROVIDED HEREIN.
§ 2. Subdivision 18 of section 385 of the vehicle and traffic law, as
amended by chapter 549 of the laws of 1985, is amended, and a new subdi-
vision 18-a is added, to read as follows:
18. Except as provided in subdivision EIGHTEEN-A OR nineteen of this
section, the violation of the provisions of this section including a
violation related to the operation, within a city not wholly included
within one county, of a vehicle which exceeds the limitations provided
for in the rules and regulations of the city department of transporta-
tion of such city, shall be punishable by a fine of not less than two
hundred nor more than five hundred dollars, or by imprisonment for not
more than thirty days, or by both such fine and imprisonment, for the
first offense; by a fine of not less than five hundred nor more than one
thousand dollars, or by imprisonment for not more than sixty days, or by
both such fine and imprisonment, for the second or subsequent offense;
provided that a sentence or execution thereof for any violation under
this subdivision may not be suspended. For any violation of the
provisions of this section, including a violation related to the opera-
tion, within a city not wholly included within one county, of a vehicle
which exceeds the limitations provided for in the rules and regulations
of the city department of transportation of such city, the registration
of the vehicle may be suspended for a period not to exceed one year
whether at the time of the violation the vehicle was in charge of the
owner or his agent. The provisions of section five hundred ten of this
chapter shall apply to such suspension except as otherwise provided
herein.
18-A. A VIOLATION OF THE PROVISIONS OF SUBDIVISION TWO OR FOURTEEN OF
THIS SECTION, WHERE THE VIOLATION RELATES TO THE HEIGHT OF THE VEHICLE,
INCLUDING A VIOLATION RELATED TO THE OPERATION, WITHIN A CITY NOT WHOLLY
INCLUDED WITHIN ONE COUNTY, OF A VEHICLE WHICH EXCEEDS THE LIMITATIONS
PROVIDED FOR IN THE RULES AND REGULATIONS OF THE CITY DEPARTMENT OF
TRANSPORTATION OF SUCH CITY, SHALL BE PUNISHABLE BY A FINE OF NOT MORE
THAN FIVE THOUSAND DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY
DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT, FOR THE FIRST OFFENSE; BY A
FINE OF NOT MORE THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS, OR BY IMPRI-
SONMENT FOR NOT MORE THAN SIXTY DAYS, OR BY BOTH SUCH FINE AND IMPRISON-
MENT, FOR THE SECOND OR SUBSEQUENT OFFENSE; PROVIDED THAT A SENTENCE OR
EXECUTION THEREOF FOR ANY VIOLATION UNDER THIS SUBDIVISION MAY NOT BE
SUSPENDED. FOR ANY VIOLATION OF THE PROVISIONS OF THIS SECTION, INCLUD-
ING A VIOLATION RELATED TO THE OPERATION, WITHIN A CITY NOT WHOLLY
INCLUDED WITHIN ONE COUNTY, OF A VEHICLE WHICH EXCEEDS THE LIMITATIONS
PROVIDED FOR IN THE RULES AND REGULATIONS OF THE CITY DEPARTMENT OF
TRANSPORTATION OF SUCH CITY, THE REGISTRATION OF THE VEHICLE MAY BE
SUSPENDED FOR A PERIOD NOT TO EXCEED ONE YEAR WHETHER AT THE TIME OF THE
VIOLATION THE VEHICLE WAS IN CHARGE OF THE OWNER OR HIS AGENT. THE
PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER SHALL APPLY TO
SUCH SUSPENSION EXCEPT AS OTHERWISE PROVIDED HEREIN.
§ 3. This act shall take effect immediately.
PART C
S. 7508 8 A. 9508
Section 1. The vehicle and traffic law is amended by adding a new
section 141-c to read as follows:
§ 141-C. SAFETY SERVICE PATROL VEHICLE. A VEHICLE DESIGNATED BY THE
COMMISSIONER OF TRANSPORTATION TO PROVIDE HIGHWAY INCIDENT MANAGEMENT
AND MOTORIST ASSISTANCE BY, AMONG OTHER THINGS, CLEARING HIGHWAYS OF
DISABLED AND DAMAGED VEHICLES; PERMANENTLY OR TEMPORARILY REPAIRING
DISABLED OR DAMAGED VEHICLES; CLEARING SMALL DEBRIS RESULTING FROM MINOR
ACCIDENTS OR VEHICLE REPAIR; AND ASSISTING EMERGENCY RESPONDERS WITH
TRAFFIC CONTROL AT HIGHWAY INCIDENTS.
§ 2. Subparagraphs a and c of paragraph 4 of subdivision 41 of section
375 of the vehicle and traffic law, as amended by chapter 465 of the
laws of 2010, are amended to read as follows:
a. One blue light may be affixed to any motor vehicle owned by a
volunteer member of a fire department or on a motor vehicle owned by a
member of such person's family residing in the same household or by a
business enterprise in which such person has a proprietary interest or
by which he or she is employed, provided such volunteer firefighter has
been authorized in writing to so affix a blue light by the chief of the
fire department or company of which he or she is a member, which author-
ization shall be subject to revocation at any time by the chief who
issued the same or his or her successor in office. Such blue light may
be displayed exclusively by such volunteer firefighter on such a vehicle
only when engaged in an emergency operation. The use of blue lights on
vehicles shall be restricted for use only by a volunteer firefighter
except as otherwise provided for in [subparagraph] SUBPARAGRAPHS b AND
B-1 of this paragraph.
c. The commissioner is authorized to promulgate rules and regulations
relating to the use, placement, power and display of blue lights on a
police vehicle [and], fire vehicle AND SAFETY PATROL VEHICLE.
§ 3. Paragraph 4 of subdivision 41 of section 375 of the vehicle and
traffic law is amended by adding a new subparagraph b-1 to read as
follows:
B-1. IN ADDITION TO THE AMBER LIGHT AUTHORIZED TO BE DISPLAYED PURSU-
ANT TO PARAGRAPH THREE OF THIS SUBDIVISION, ONE OR MORE BLUE LIGHTS OR
COMBINATION BLUE AND AMBER LIGHTS MAY BE AFFIXED TO A SAFETY SERVICE
PATROL VEHICLE PROVIDED THAT SUCH BLUE LIGHT OR LIGHTS SHALL BE
DISPLAYED FOR REAR PROJECTION ONLY. SUCH BLUE LIGHT OR LIGHTS MAY BE
DISPLAYED ON A SAFETY SERVICE PATROL VEHICLE WHEN SUCH VEHICLE IS ALSO
DISPLAYING AMBER LIGHT OR LIGHTS PURSUANT TO PARAGRAPH THREE OF THIS
SUBDIVISION. NOTHING CONTAINED IN THIS SUBPARAGRAPH SHALL BE DEEMED TO
AUTHORIZE THE USE OF BLUE LIGHTS ON A SAFETY SERVICE PATROL VEHICLES
UNLESS SUCH SAFETY SERVICE PATROL VEHICLES ALSO DISPLAY ONE OR MORE
AMBER LIGHTS AS OTHERWISE AUTHORIZED IN THIS SUBDIVISION.
§ 4. Subdivision (b) of section 1144-a of the vehicle and traffic law,
as amended by chapter 458 of the laws of 2011, is amended to to read as
follows:
(b) Every operator of a motor vehicle shall exercise due care to avoid
colliding with a hazard vehicle which is parked, stopped or standing on
the shoulder or on any portion of such highway and such hazard vehicle
is displaying one or more amber lights pursuant to the provisions of
paragraph three of subdivision forty-one of section three hundred seven-
ty-five of this chapter OR, IF SUCH HAZARD VEHICLE IS A SAFETY SERVICE
PATROL VEHICLE, SUCH VEHICLE IS DISPLAYING ONE OR MORE AMBER LIGHTS OR
ONE OR MORE BLUE OR COMBINATION BLUE AND AMBER LIGHTS PURSUANT TO THE
PROVISIONS OF PARAGRAPH THREE OR SUBPARAGRAPH B-1 OF PARAGRAPH FOUR, AS
APPLICABLE, OF SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED SEVENTY-
S. 7508 9 A. 9508
FIVE OF THIS CHAPTER. For operators of motor vehicles on parkways or
controlled access highways, such due care shall include, but not be
limited to, moving from a lane which contains or is immediately adjacent
to the shoulder where (I) such hazard vehicle displaying one or more
amber lights pursuant to the provisions of paragraph three of subdivi-
sion forty-one of section three hundred seventy-five of this chapter OR
(II) SUCH SAFETY SERVICE PATROL VEHICLE DISPLAYING ONE OR MORE AMBER
LIGHTS OR ONE OR MORE BLUE OR COMBINATION AND AMBER LIGHTS PURSUANT TO
THE PROVISIONS OF PARAGRAPH THREE OR SUBPARAGRAPH B-1 OF PARAGRAPH FOUR,
AS APPLICABLE, OF SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED SEVEN-
TY-FIVE OF THIS CHAPTER, is parked, stopped or standing to another lane,
provided that such movement otherwise complies with the requirements of
this chapter including, but not limited to, the provisions of sections
eleven hundred ten and eleven hundred twenty-eight of this title.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART D
Section 1. This act enacts into law components of legislation which
are necessary to implement legislation relating to enacting the slow
down and look out for highway workers and pedestrians act of 2020. Each
component is wholly contained within a Subpart identified as Subparts A
through C. The effective date for each particular provision contained
within such Subpart is set forth in the last section of such Subpart.
Any provision in any section contained within a Subpart, including the
effective date of the Subpart, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Subpart
in which it is found. Section three of this act sets forth the general
effective date of this act.
SUBPART A
Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law,
subdivision 3 as amended by chapter 267 of the laws of 2016, and subdi-
vision 11 as separately amended by chapters 268 and 281 of the laws of
2016, are amended to read as follows:
3. With intent to prevent a peace officer, a police officer, prosecu-
tor as defined in subdivision thirty-one of section 1.20 of the criminal
procedure law, registered nurse, licensed practical nurse, public health
sanitarian, New York city public health sanitarian, sanitation enforce-
ment agent, New York city sanitation worker, a firefighter, including a
firefighter acting as a paramedic or emergency medical technician admin-
istering first aid in the course of performance of duty as such fire-
fighter, an emergency medical service paramedic or emergency medical
service technician, or medical or related personnel in a hospital emer-
gency department, a city marshal, a school crossing guard appointed
pursuant to section two hundred eight-a of the general municipal law, a
traffic enforcement officer, traffic enforcement agent, A HIGHWAY WORKER
AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC
LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, or
employee of any entity governed by the public service law in the course
of performing an essential service, from performing a lawful duty, by
means including releasing or failing to control an animal under circum-
S. 7508 10 A. 9508
stances evincing the actor's intent that the animal obstruct the lawful
activity of such peace officer, police officer, prosecutor as defined in
subdivision thirty-one of section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, firefighter, paramedic, technician,
city marshal, school crossing guard appointed pursuant to section two
hundred eight-a of the general municipal law, traffic enforcement offi-
cer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION ONE
HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
TOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED
EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, or employee of an entity
governed by the public service law, he or she causes physical injury to
such peace officer, police officer, prosecutor as defined in subdivision
thirty-one of section 1.20 of the criminal procedure law, registered
nurse, licensed practical nurse, public health sanitarian, New York city
public health sanitarian, sanitation enforcement agent, New York city
sanitation worker, firefighter, paramedic, technician or medical or
related personnel in a hospital emergency department, city marshal,
school crossing guard, traffic enforcement officer, traffic enforcement
agent, HIGHWAY WORKER AS DEFINED BY SECTION EIGHTEEN-A OF THE VEHICLE
AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR
AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC
LAW, or employee of an entity governed by the public service law; or
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner or terminal cleaner employed by any transit agency, authority or
company, public or private, whose operation is authorized by New York
state or any of its political subdivisions, a city marshal, a school
crossing guard appointed pursuant to section two hundred eight-a of the
general municipal law, a traffic enforcement officer, traffic enforce-
ment agent, A HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGH-
TEEN-A OF THE VEHICLE AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND
MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
OF THE VEHICLE AND TRAFFIC LAW, prosecutor as defined in subdivision
thirty-one of section 1.20 of the criminal procedure law, sanitation
enforcement agent, New York city sanitation worker, public health sani-
tarian, New York city public health sanitarian, registered nurse,
licensed practical nurse, emergency medical service paramedic, or emer-
gency medical service technician, he or she causes physical injury to
such train operator, ticket inspector, conductor, signalperson, bus
operator, station agent, station cleaner or terminal cleaner, city
marshal, school crossing guard appointed pursuant to section two hundred
eight-a of the general municipal law, traffic enforcement officer, traf-
fic enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED
EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND
MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
OF THE VEHICLE AND TRAFFIC LAW, prosecutor as defined in subdivision
thirty-one of section 1.20 of the criminal procedure law, registered
nurse, licensed practical nurse, public health sanitarian, New York city
public health sanitarian, sanitation enforcement agent, New York city
sanitation worker, emergency medical service paramedic, or emergency
medical service technician, while such employee is performing an
assigned duty on, or directly related to, the operation of a train or
bus, including the cleaning of a train or bus station or terminal, or
such city marshal, school crossing guard, traffic enforcement officer,
S. 7508 11 A. 9508
traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION ONE
HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
TOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED
EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, prosecutor as defined in
subdivision thirty-one of section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, emergency medical service paramedic, or
emergency medical service technician is performing an assigned duty; or
§ 2. The penal law is amended by adding a new section 120.19 to read
as follows:
§ 120.19 MENACING A HIGHWAY WORKER.
A PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE INTEN-
TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR
OF DEATH, IMMINENT SERIOUS PHYSICAL INJURY OR PHYSICAL INJURY. FOR
PURPOSES OF THIS SECTION, A HIGHWAY WORKER SHALL HAVE THE SAME MEANING
AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC
LAW.
MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
§ 3. The vehicle and traffic law is amended by adding two new sections
118-a and 118-b to read as follows:
§ 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
STATE, A COUNTY, CITY, TOWN OR VILLAGE, A PUBLIC AUTHORITY, A LOCAL
AUTHORITY, OR A PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF
ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM WORK ON A HIGHWAY,
INCLUDING MAINTENANCE, REPAIR, FLAGGING, UTILITY WORK, CONSTRUCTION,
RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC HIGHWAY INFRASTRUC-
TURE AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO
INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF
THIS ARTICLE.
§ 118-B. MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR. ANY
PERSON EMPLOYED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION WHO
HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES-
TIGATION OF ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE DEPARTMENT
OF TRANSPORTATION.
§ 4. Paragraph b of subdivision 2 of section 510 of the vehicle and
traffic law is amended by adding a new subparagraph (xviii) to read as
follows:
(XVIII) FOR A PERIOD OF SIX MONTHS WHERE THE HOLDER IS CONVICTED OF
THE CRIME OF ASSAULT IN THE FIRST, SECOND, OR THIRD DEGREE, MENACING A
HIGHWAY WORKER, OR MENACING IN THE FIRST, SECOND, OR THIRD DEGREE, AS
DEFINED BY ARTICLE ONE HUNDRED TWENTY OF THE PENAL LAW, WHERE SUCH
OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER.
§ 5. The vehicle and traffic law is amended by adding a new section
1221-a to read as follows:
§ 1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A VEHI-
CLE SHALL ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT UPON DIREC-
TION FROM A FLAGPERSON, POLICE OFFICER, OR OTHER VISIBLY DESIGNATED
PERSON IN CHARGE OF TRAFFIC CONTROL OR UPON DIRECTION FROM A TRAFFIC
CONTROL DEVICE REGULATING ENTRY THEREIN. FOR PURPOSES OF THIS SECTION,
THE TERM "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF A HIGHWAY,
STREET, OR PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE, OR UTILITY
WORK IS BEING CONDUCTED, WHICH IS MARKED BY SIGNS, CHANNELING DEVICES,
BARRIERS, PAVEMENT MARKINGS, OR WORK VEHICLES, AND WHERE WORKERS ARE
PHYSICALLY PRESENT.
S. 7508 12 A. 9508
2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A
CLASS B MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED
FIFTY DOLLARS, NOR MORE THAN FIVE HUNDRED DOLLARS OR BY A PERIOD OF
IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
§ 6. The vehicle and traffic law is amended by adding a new section
1221-b to read as follows:
§ 1221-B. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
COMMITTEE, UPON CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION,
THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER, THE CHAIRMAN OF
THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCEMENT AGENCIES,
AND REPRESENTATIVES FOR CONTRACTORS AND LABORERS, SHALL DESIGN AND
IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE MOTORIST
AWARENESS OF THE IMPORTANCE OF HIGHWAY WORK ZONE SAFETY, TO REDUCE THE
NUMBER OF WORK ZONE INCIDENTS, INCLUDING SPEEDING, UNAUTHORIZED INTRU-
SIONS INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR INJURIES
TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFETY.
§ 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
SUBPART B
Section 1. Subdivision 1 of section 600 of the vehicle and traffic law
is amended by adding a new paragraph c to read as follows:
C. ANY PERSON OPERATING A MOTOR VEHICLE INVOLVED IN AN ACCIDENT NOT
INVOLVING PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A LOCATION
OFF THE ROADWAY BUT AS NEAR AS POSSIBLE TO THE PLACE WHERE THE DAMAGE
OCCURRED, SO AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC, SHALL NOT
BE CONSTRUED TO BE IN VIOLATION OF THIS SUBDIVISION BECAUSE OF SUCH
MOVEMENT.
§ 2. Subdivision 2 of section 15 of the highway law, as amended by
chapter 1110 of the laws of 1971, is amended to read as follows:
2. The commissioner [of transportation], A POLICE OFFICER, OR ANY
PERSON ACTING AT THE DISCRETION OF THE COMMISSIONER OR A POLICE OFFICER
shall have the power to cause the immediate removal, from the right of
way of any state highway, of any vehicle, CARGO, OR DEBRIS which
obstructs or interferes with the use of such a highway for public trav-
el; or which obstructs or interferes with the construction, recon-
struction or maintenance of such a highway; or which obstructs or inter-
feres with the clearing or removal of snow or ice from such a highway;
or which obstructs or interferes with any operation of the department of
transportation during a public emergency. THE COMMISSIONER, A POLICE
OFFICER, OR ANY PERSON ACTING AT THE DISCRETION OF THE COMMISSIONER OR A
POLICE OFFICER, SHALL NOT BE LIABLE FOR ANY DAMAGE TO SUCH VEHICLE,
CARGO, OR DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR
GROSSLY NEGLIGENT MANNER. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM
"POLICE OFFICER" SHALL HAVE THE SAME MEANING AS DEFINED BY SUBDIVISION
THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
§ 3. This act shall take effect immediately.
SUBPART C
Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi-
cle and traffic law, as amended by chapter 333 of the laws of 2010, is
amended to read as follows:
S. 7508 13 A. 9508
1. A driver of a motor vehicle who causes physical injury as defined
in article ten of the penal law to a pedestrian or bicyclist while fail-
ing to exercise due care in violation of subdivision (a) of this
section, shall be guilty of a traffic infraction punishable by a fine of
not more than [five hundred] ONE THOUSAND dollars or by imprisonment for
not more than fifteen days or by both such fine and imprisonment.
§ 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and
traffic law, as amended by chapter 333 of the laws of 2010, is amended
to read as follows:
1. A driver of a motor vehicle who causes serious physical injury as
defined in article ten of the penal law to a pedestrian or bicyclist
while failing to exercise due care in violation of subdivision (a) of
this section, shall be guilty of a traffic infraction punishable by a
fine of not more than [seven hundred fifty] ONE THOUSAND FIVE HUNDRED
dollars or by imprisonment for not more than fifteen days or by required
participation in a motor vehicle accident prevention course pursuant to
paragraph (e-1) of subdivision two of section 65.10 of the penal law or
by any combination of such fine, imprisonment or course, and by suspen-
sion of a license or registration pursuant to subparagraph (xiv) or (xv)
of paragraph b of subdivision two of section five hundred ten of this
chapter.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by a 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,
subpart or part thereof directly involved in the controversy in which
such judgment shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 3. This act shall take effect immediately, provided, however, that
the applicable effective date of Subparts A through C of this act shall
be as specifically set forth in the last section of such Subparts.
PART E
Section 1. Subdivision 16 of section 385 of the vehicle and traffic
law is amended to add fourteen new paragraphs (v), (w), (x), (y), (z),
(aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh) and (ii) to read as
follows:
(V) WITHIN A DISTANCE OF APPROXIMATELY ONE MILE FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 24 TRAVELING ALONG INTERSTATE ROUTE 90 TO
INTERCHANGE 2 WASHINGTON AVENUE, AND TO WASHINGTON AVENUE TRAVELING
WESTBOUND TO FULLER ROAD IN A NORTHERLY DIRECTION TO INTERSTATE ROUTE 90
TRAVELING TO INTERCHANGE 24 OF THE NEW YORK STATE THRUWAY, WHERE THE
COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBINA-
TION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
ROUTE.
(W) WITHIN A DISTANCE OF APPROXIMATELY .25 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 25A, TRAVELING IN A WESTBOUND DIRECTION ALONG
INTERSTATE ROUTE 88 TO EXIT 25 TO ROUTE 7, AND TO A LEFT ON BECKER ROAD
TRAVELING IN A SOUTHBOUND DIRECTION ON BECKER ROAD FOR APPROXIMATELY .2
S. 7508 14 A. 9508
MILES TO THE NEW YORK STATE THRUWAY INTERCHANGE 25A TANDEM LOT ACCESS
ROAD, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHI-
CLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED
ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIRE-
MENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES
ON SUCH ROUTE.
(X) WITHIN A DISTANCE OF APPROXIMATELY 2.2 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 34A TRAVELING IN A SOUTHBOUND DIRECTION ALONG
INTERSTATE ROUTE 481 TO INTERSTATE 481 EXIT 5E KIRKVILLE ROAD EAST ALONG
STATE ROUTE 53 KIRKVILLE ROAD IN AN EASTBOUND DIRECTION TO INTERSTATE
ROUTE 481 TRAVELING NORTHBOUND TO EXIT 6 TO INTERCHANGE 34A OF THE NEW
YORK STATE THRUWAY, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG
THE DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
OF VEHICLES ON SUCH ROUTE.
(Y) WITHIN A DISTANCE OF APPROXIMATELY .8 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 35, TRAVELING APPROXIMATELY 200 FEET AROUND
CARRIER CIRCLE TO TRAVELING NORTHBOUND ON THOMPSON ROAD FOR APPROXIMATE-
LY 1000 FEET, OR TRAVELING SOUTHBOUND ON THOMPSON ROAD APPROXIMATELY 100
FEET, TO TRAVELING WESTBOUND ON TARBELL ROAD FOR APPROXIMATELY .5 MILES
TO REENTER AT THE DEWITT SERVICE AREA OF THE NEW YORK STATE THRUWAY
WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR
COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT
PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
SUCH ROUTE.
(Z) WITHIN A DISTANCE OF APPROXIMATELY ONE MILE FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 36 TRAVELING IN A SOUTHBOUND DIRECTION ON
INTERSTATE 81 TO INTERSTATE 81 EXIT 25 7TH NORTH STREET, AND TRAVELING
EASTBOUND ON 7TH NORTH STREET TO INTERSTATE 81 TRAVELING IN A NORTHBOUND
DIRECTION TO INTERCHANGE 36 OF THE NEW YORK STATE THRUWAY, WHERE THE
COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBINA-
TION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
ROUTE.
(AA) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 39 TRAVELING EASTBOUND ON INTERSTATE 690 TO
INTERSTATE 690 EXIT 2 JONES ROAD IN A NORTHBOUND DIRECTION TO STATE
ROUTE 690 NORTH TO INTERCHANGE 39 OF THE NEW YORK STATE THRUWAY, WHERE
THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBI-
NATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
ROUTE.
(BB) WITHIN A DISTANCE OF APPROXIMATELY .5 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 45, TRAVELING ON INTERSTATE 490 TO INTERSTATE
490 EXIT 29, IN A SOUTHWESTERLY DIRECTION ALONG NEW YORK STATE ROUTE 96
TO THE POINT WHERE NEW YORK STATE ROUTE 96 INTERSECTS WITH THE ENTRANCE
RAMP TO THE NEW YORK STATE THRUWAY INTERCHANGE 45, AND FOR APPROXIMATELY
.2 MILES ALONG THIS ENTRANCE RAMP TO THE NEW YORK STATE THRUWAY INTER-
CHANGE 45, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE
VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIG-
NATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER
S. 7508 15 A. 9508
REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF
VEHICLES ON SUCH ROUTE.
(CC) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 46, TRAVELING IN A NORTHEASTERLY DIRECTION ON
THE RAMP FROM THE NEW YORK STATE THRUWAY INTERCHANGE 46 TO INTERSTATE
390 NORTH EXIT TO NEW YORK STATE ROUTE 253, LEHIGH STATION ROAD, FOR A
DISTANCE OF APPROXIMATELY .5 MILES ALONG THE RAMP FROM INTERSTATE 390
NORTH EXIT TO NEW YORK STATE ROUTE 253, LEHIGH STATION ROAD, FOR A
DISTANCE OF APPROXIMATELY .6 MILES IN A WESTERLY DIRECTION ALONG NEW
YORK STATE ROUTE 253, LEHIGH STATION ROAD, TO THE INTERSECTION OF NEW
YORK STATE ROUTE 253 WITH NEW YORK STATE ROUTE 15, THEN FOR A DISTANCE
OF APPROXIMATELY .6 MILES IN A SOUTHERLY DIRECTION ALONG NEW YORK STATE
ROUTE 15, TO THE NEW YORK STATE THRUWAY INTERCHANGE 46 MAINTENANCE
FACILITY ENTRANCE, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG
THE DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
OF VEHICLES ON SUCH ROUTE.
(DD) WITHIN A DISTANCE OF APPROXIMATELY .3 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 47, TRAVELING ON INTERSTATE 490 TO INTERSTATE
490 EXIT 1, TO A DISTANCE OF APPROXIMATELY .2 MILES ALONG THE RAMP FROM
INTERSTATE 490 EXIT 1, FOR A DISTANCE OF APPROXIMATELY .4 MILES IN A
SOUTHWESTERLY DIRECTION TO THE ENTRANCE RAMP OF THE NEW YORK STATE THRU-
WAY INTERCHANGE 47, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG
THE DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
OF VEHICLES ON SUCH ROUTE.
(EE) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 19, TRAVELING IN A WESTBOUND DIRECTION ALONG
ROUTE 28 TO ROUTE 209, AND TRAVELING IN A SOUTHBOUND DIRECTION ON ROUTE
209 FOR APPROXIMATELY .1 MILES TO ROUTE 28, AND TRAVELING IN AN EAST-
BOUND DIRECTION ON ROUTE 28 FOR APPROXIMATELY .8 MILES TO THE NEW YORK
STATE THRUWAY INTERCHANGE 19 WHERE THE COMMISSIONER OF TRANSPORTATION
DETERMINES THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE
SAFELY ALONG THE DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW,
REGULATION OR OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE
OR COMBINATION OF VEHICLES ON SUCH ROUTE.
(FF) WITHIN A DISTANCE OF APPROXIMATELY .5 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 31, TRAVELING ONTO THE RAMP TO GENESEE STREET
SOUTH FOR APPROXIMATELY 2800 FEET TO GENESEE STREET NORTH FOR APPROXI-
MATELY 275 FEET TO INTERCHANGE 31 OF THE NEW YORK STATE THRUWAY WHERE
THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBI-
NATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
ROUTE.
(GG) WITHIN A DISTANCE OF APPROXIMATELY .2 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 33 TRAVELING WESTBOUND ON STATE ROUTE 365 FOR
APPROXIMATELY 900 FEET TO INTERCHANGE 33 OF THE NEW YORK STATE THRUWAY
WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR
COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT
PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
SUCH ROUTE.
S. 7508 16 A. 9508
(HH) WITHIN A DISTANCE OF APPROXIMATELY .15 MILES FROM THE NEW YORK
STATE THRUWAY INTERCHANGE 42 TRAVELING ON STATE ROUTE 14 FOR APPROXI-
MATELY 750 FEET FOR TRAVEL TO AND FROM THE THRUWAY TANDEM LOT AND INTER-
CHANGE 42 WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE
VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIG-
NATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER
REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF
VEHICLES ON SUCH ROUTE .
(II) WITHIN A DISTANCE OF APPROXIMATELY .1 MILES FROM THE NEW YORK
STATE INTERCHANGE 43 TRAVELING ON STATE ROUTE 21 FOR APPROXIMATELY 600
FEET FOR TRAVEL TO AND FROM THE THRUWAY TANDEM LOT AND INTERCHANGE 43
WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR
COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT
PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
SUCH ROUTE.
§ 2. This act shall take effect immediately.
PART F
Section 1. Paragraph a of subdivision 6 of section 2897 of the public
authorities law, as added by chapter 766 of the laws of 2005, is amended
and a new paragraph f is added to read as follows:
a. All disposals or contracts for disposal of property of a public
authority made or authorized by the contracting officer shall be made
after publicly advertising for bids except as provided in [paragraph]
PARAGRAPHS c AND F of this subdivision.
F. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, DISPOSALS
FOR USE OF THE THRUWAY AUTHORITY'S FIBER OPTIC SYSTEM, OR ANY PART THER-
EOF, MAY BE MADE THROUGH AGREEMENTS THAT SHALL NOT REQUIRE PUBLIC
AUCTION, PROVIDED THAT THE THRUWAY AUTHORITY HAS DETERMINED THE DISPOSAL
OF SUCH PROPERTY COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS CHAPTER
AND SUCH SHALL NOT REQUIRE THE EXPLANATORY STATEMENTS REQUIRED BY THIS
SECTION.
§ 2. This act shall take effect immediately.
PART G
Section 1. Section 351 of the public authorities law is amended by
adding a new subdivision 11 to read as follows:
11. THE TERM "CROSS-HUDSON BRIDGE SYSTEM" SHALL MEAN COLLECTIVELY: (A)
THE FRANKLIN DELANO ROOSEVELT MID-HUDSON BRIDGE, CONSTRUCTED PURSUANT TO
CHAPTER NINE HUNDRED OF THE LAWS OF NINETEEN HUNDRED TWENTY-THREE, AS
AMENDED; (B) THE RIP VAN WINKLE BRIDGE, CONSTRUCTED ACROSS THE HUDSON
RIVER NORTH OF THE VILLAGE OF CATSKILL AND SOUTH OF THE CITY OF HUDSON;
(C) THE BEAR MOUNTAIN BRIDGE, CONSTRUCTED BY THE BEAR MOUNTAIN HUDSON
RIVER BRIDGE COMPANY, PURSUANT TO CHAPTER THREE HUNDRED FIFTY-EIGHT OF
THE LAWS OF NINETEEN HUNDRED TWENTY-TWO; (D) THE HAMILTON FISH
NEWBURGH-BEACON BRIDGE, INCLUDING BOTH SPANS OF THE BRIDGE CONSTRUCTED
ACROSS THE HUDSON RIVER BETWEEN A LOCATION IN THE VICINITY OF THE CITY
OF NEWBURGH AND A LOCATION IN THE VICINITY OF THE CITY OF BEACON; (E)
THE KINGSTON-RHINECLIFF BRIDGE, CONSTRUCTED ACROSS THE HUDSON RIVER
WITHIN FIVE MILES OF THE CITY OF KINGSTON; AND (F) THE WALKWAY OVER THE
HUDSON BRIDGE, THE POUGHKEEPSIE-HIGHLAND RAILROAD BRIDGE, WHICH WAS
CONSTRUCTED ACROSS THE HUDSON RIVER NORTH OF THE FRANKLIN DELANO ROOSE-
VELT MID-HUDSON BRIDGE.
S. 7508 17 A. 9508
§ 2. Section 356 of the public authorities law is amended by adding a
new subdivision 10 to read as follows:
10. THE CROSS-HUDSON BRIDGE SYSTEM. INCLUDING COLLECTIVELY: (A) THE
FRANKLIN DELANO ROOSEVELT MID-HUDSON BRIDGE, CONSTRUCTED PURSUANT TO
CHAPTER NINE HUNDRED OF THE LAWS OF NINETEEN HUNDRED TWENTY-THREE, AS
AMENDED; (B) THE RIP VAN WINKLE BRIDGE, CONSTRUCTED ACROSS THE HUDSON
RIVER NORTH OF THE VILLAGE OF CATSKILL AND SOUTH OF THE CITY OF HUDSON;
(C) THE BEAR MOUNTAIN BRIDGE, CONSTRUCTED BY THE BEAR MOUNTAIN HUDSON
RIVER BRIDGE COMPANY, PURSUANT TO CHAPTER THREE HUNDRED FIFTY-EIGHT OF
THE LAWS OF NINETEEN HUNDRED TWENTY-TWO; (D) THE HAMILTON FISH
NEWBURGH-BEACON BRIDGE, INCLUDING BOTH SPANS OF THE BRIDGE CONSTRUCTED
ACROSS THE HUDSON RIVER BETWEEN A LOCATION IN THE VICINITY OF THE CITY
OF NEWBURGH AND A LOCATION IN THE VICINITY OF THE CITY OF BEACON; (E)
THE KINGSTON-RHINECLIFF BRIDGE, CONSTRUCTED ACROSS THE HUDSON RIVER
WITHIN FIVE MILES OF THE CITY OF KINGSTON; AND (F) THE WALKWAY OVER THE
HUDSON BRIDGE, THE POUGHKEEPSIE-HIGHLAND RAILROAD BRIDGE, WHICH WAS
CONSTRUCTED ACROSS THE HUDSON RIVER NORTH OF THE FRANKLIN DELANO ROOSE-
VELT MID-HUDSON BRIDGE.
§ 3. Section 356-a of the public authorities law is amended by adding
a new subdivision 6 to read as follows:
6. ALL THAT PORTION OF TOURING ROUTE ONE HUNDRED NINETY-NINE CONNECT-
ING ULSTER AND DUTCHESS COUNTIES WHICH IS IDENTIFIED AND KNOWN AS THE
KINGSTON-RHINECLIFF BRIDGE SHALL BE DESIGNATED AND KNOWN AS THE "GEORGE
CLINTON KINGSTON-RHINECLIFF BRIDGE".
§ 4. Section 349-a of the highway law is amended by adding a new
subdivision 10 to read as follows:
10. THE CROSS-HUDSON BRIDGE SYSTEM. INCLUDING COLLECTIVELY: (A) THE
FRANKLIN DELANO ROOSEVELT MID-HUDSON BRIDGE, CONSTRUCTED PURSUANT TO
CHAPTER NINE HUNDRED OF THE LAWS OF NINETEEN HUNDRED TWENTY-THREE, AS
AMENDED; (B) THE RIP VAN WINKLE BRIDGE, CONSTRUCTED ACROSS THE HUDSON
RIVER NORTH OF THE VILLAGE OF CATSKILL AND SOUTH OF THE CITY OF HUDSON;
(C) THE BEAR MOUNTAIN BRIDGE, CONSTRUCTED BY THE BEAR MOUNTAIN HUDSON
RIVER BRIDGE COMPANY, PURSUANT TO CHAPTER THREE HUNDRED FIFTY-EIGHT OF
THE LAWS OF NINETEEN HUNDRED TWENTY-TWO; (D) THE HAMILTON FISH
NEWBURGH-BEACON BRIDGE, INCLUDING BOTH SPANS OF THE BRIDGE CONSTRUCTED
ACROSS THE HUDSON RIVER BETWEEN A LOCATION IN THE VICINITY OF THE CITY
OF NEWBURGH AND A LOCATION IN THE VICINITY OF THE CITY OF BEACON; (E)
THE KINGSTON-RHINECLIFF BRIDGE; CONSTRUCTED ACROSS THE HUDSON RIVER
WITHIN FIVE MILES OF THE CITY OF KINGSTON; AND (F) THE WALKWAY OVER THE
HUDSON BRIDGE, THE POUGHKEEPSIE-HIGHLAND RAILROAD BRIDGE, WHICH WAS
CONSTRUCTED ACROSS THE HUDSON RIVER NORTH OF THE FRANKLIN DELANO ROOSE-
VELT MID-HUDSON BRIDGE.
§ 5. Section 373 of the public authorities law is amended by adding a
new subdivision 3 to read as follows:
3. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, THE STATE
OF NEW YORK DOES PLEDGE TO AND AGREE WITH THE HOLDERS OF ANY BONDS OR
NOTES OF THE AUTHORITY THAT THE STATE WILL NOT AUTHORIZE THE
CONSTRUCTION OR MAINTENANCE OF ANY ADDITIONAL HIGHWAY CROSSINGS FOR
VEHICULAR TRAFFIC OVER, UNDER OR ACROSS THE WATERS OF THE HUDSON RIVER
IN ADDITION TO THE BRIDGES AND CROSSINGS CONSTITUTING THE CROSS-HUDSON
BRIDGE SYSTEM AUTHORIZED BY THIS TITLE WHICH WILL BE COMPETITIVE WITH
THE BRIDGES AND CROSSINGS CONSTITUTING THE CROSS-HUDSON BRIDGE SYSTEM,
NOR WILL IT LIMIT OR ALTER THE RIGHTS HEREBY VESTED IN THE AUTHORITY TO
ESTABLISH AND COLLECT SUCH CHARGES AND TOLLS AS MAY BE CONVENIENT OR
NECESSARY TO PRODUCE SUFFICIENT REVENUE TO MEET THE EXPENSE OF MAINTE-
NANCE AND OPERATION AND TO FULFILL THE TERMS OF ANY AGREEMENT MADE WITH
S. 7508 18 A. 9508
THE HOLDERS OF THE BONDS OR NOTES, OR IN ANY WAY IMPAIR THE RIGHTS AND
REMEDIES OF BONDHOLDERS OR NOTEHOLDERS, UNTIL THE BONDS AND NOTES,
TOGETHER WITH INTEREST, AND ALL COSTS AND EXPENSES IN CONNECTION WITH
ANY ACTIONS OR PROCEEDINGS BY OR ON BEHALF OF THE BONDHOLDERS OR NOTE-
HOLDERS, ARE FULLY MET AND DISCHARGED. FOR THE PURPOSES OF THIS SUBDIVI-
SION, ANY SUCH BRIDGE OR CROSSING SHALL BE CONSIDERED AS COMPETITIVE
ONLY IF IT SHALL FORM A CONNECTION FOR VEHICULAR TRAFFIC OVER, UNDER OR
ACROSS THE HUDSON RIVER SOUTH OF A LINE DRAWN ACROSS THE HUDSON RIVER
FIFTEEN MILES NORTH OF THE RIP VAN WINKLE BRIDGE, AND NORTH OF THE BEAR
MOUNTAIN BRIDGE.
§ 6. The public authorities law is amended by adding a new section 389
to read as follows:
§ 389. ADDITIONAL POWERS OF THE AUTHORITY TO UNDERTAKE AND FINANCE
CERTAIN PROJECTS IN CONNECTION WITH THE CROSS-HUDSON BRIDGE SYSTEM AND
THE NEW YORK STATE BRIDGE AUTHORITY. THE AUTHORITY IS HEREBY AUTHORIZED
AS AN ADDITIONAL CORPORATE PURPOSE THEREOF, TO ASSUME JURISDICTION FOR
ITS CORPORATE PURPOSES OF THE CROSS-HUDSON BRIDGE SYSTEM, WITH ALL
RIGHTS AND POWERS WITH RESPECT TO SUCH SYSTEM AS ESTABLISHED IN THIS
TITLE WITH RESPECT TO ANY THRUWAY SECTION OR CONNECTION, INCLUDING, BUT
NOT LIMITED TO, THE POWER TO OPERATE AND MAINTAIN SAID SYSTEM, TO FIX
AND COLLECT SUCH FEES, RENTALS AND CHARGES FOR THE USE THEREOF, TO ISSUE
ITS BONDS, NOTES AND OTHER OBLIGATIONS IN CONFORMITY WITH APPLICABLE
PROVISIONS OF THE UNIFORM COMMERCIAL CODE FOR PURPOSES OF THE ACQUISI-
TION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REPAIR, REHABILITATION AND
IMPROVEMENT OF THE CROSS-HUDSON BRIDGE SYSTEM, TO PROVIDE FUNDS ON
BEHALF OF THE STATE WITHIN THE MEANING OF THE PROVISIONS OF SUBDIVISION
FOUR OF FORMER SECTION FIVE HUNDRED THIRTY-TWO OF THIS CHAPTER TO
DEFEASE, REDEEM OR REFUND THE BONDS, NOTES AND OTHER OBLIGATIONS OF THE
NEW YORK STATE BRIDGE AUTHORITY AND TO DISCHARGE AND PAY ANY OTHER OBLI-
GATIONS WHATSOEVER OF THE NEW YORK STATE BRIDGE AUTHORITY.
§ 7. The public authorities law is amended by adding a new section
355-a to read as follows:
§ 355-A. NEW YORK STATE BRIDGE AUTHORITY. 1. THE NEW YORK STATE BRIDGE
AUTHORITY CREATED BY FORMER SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS
CHAPTER SHALL BE ABOLISHED UPON THE DATE UPON WHICH ALL COVENANTS,
AGREEMENTS AND OBLIGATIONS TO THE HOLDERS OF BONDS, NOTES OR OTHER OBLI-
GATIONS ISSUED OR INCURRED UNDER ANY BOND RESOLUTION OF THE NEW YORK
STATE BRIDGE AUTHORITY HAVE BEEN PAID IN FULL OR OTHERWISE FULLY MET AND
DISCHARGED.
2. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ALL
RIGHTS, FUNCTIONS, POWERS, DUTIES, OBLIGATIONS, COVENANTS, PLEDGES,
UNDERTAKINGS, PROPERTIES, DEBTS, AGREEMENTS, ASSETS AND LIABILITIES OF
THE NEW YORK STATE BRIDGE AUTHORITY SHALL BE TRANSFERRED AND ASSIGNED
TO, ASSUMED BY AND DEVOLVED UPON THE NEW YORK STATE THRUWAY AUTHORITY.
3. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ALL RULES,
REGULATIONS, ACTS, ORDERS, DETERMINATIONS, AND DECISIONS OF SUCH AUTHOR-
ITY IN FORCE AT THE TIME OF SUCH TRANSFER, ASSIGNMENT, ASSUMPTION OR
DEVOLUTION, SHALL CONTINUE IN FORCE AND EFFECT AS RULES, REGULATIONS,
ACTS, ORDERS, DETERMINATIONS AND DECISIONS OF THE NEW YORK STATE THRUWAY
AUTHORITY UNTIL DULY MODIFIED OR ABROGATED BY THE NEW YORK STATE THRUWAY
AUTHORITY.
4. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, THE CROSS-
HUDSON BRIDGE SYSTEM, AS DEFINED IN SECTION THREE HUNDRED FIFTY-ONE OF
THIS TITLE SHALL BE ADDED TO, AND INCLUDED IN, THE THRUWAY SYSTEM AS
DEFINED IN SUCH SECTION THREE HUNDRED FIFTY-ONE.
S. 7508 19 A. 9508
5. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ALL BOOKS,
PAPERS, RECORDS AND PROPERTY OF SUCH AUTHORITY SHALL BE TRANSFERRED AS
ASSIGNED TO THE NEW YORK STATE THRUWAY AUTHORITY. ALL EMPLOYEES TRANS-
FERRED FROM THE NEW YORK STATE BRIDGE AUTHORITY TO THE NEW YORK STATE
THRUWAY AUTHORITY SHALL BE TRANSFERRED WITHOUT FURTHER EXAMINATION OR
QUALIFICATION AND SUCH EMPLOYEES SHALL RETAIN THEIR RESPECTIVE CIVIL
SERVICE CLASSIFICATIONS, STATUS AND COLLECTIVE BARGAINING UNIT DESIG-
NATIONS AND BE GOVERNED BY APPLICABLE COLLECTIVE BARGAINING AGREEMENTS.
6. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ANY BUSI-
NESS OR OTHER MATTERS UNDERTAKEN OR COMMENCED BY THE NEW YORK STATE
BRIDGE AUTHORITY AND PENDING ON THE DATE OF ABOLISHMENT MAY BE CONDUCTED
AND COMPLETED BY THE NEW YORK STATE THRUWAY AUTHORITY IN THE SAME MANNER
AND UNDER THE SAME TERMS AND CONDITIONS AND WITH THE SAME EFFECT AS IF
CONDUCTED BY THE NEW YORK STATE BRIDGE AUTHORITY.
7. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, WHENEVER
THE NEW YORK STATE BRIDGE AUTHORITY, OR THE CHAIRMAN OR THE EXECUTIVE
DIRECTOR OR OTHER OFFICER, MEMBER OR EMPLOYEE THEREOF, IS REFERRED TO OR
DESIGNATED IN ANY LAW, CONTRACT OR DOCUMENT, SUCH REFERENCE OR DESIG-
NATION SHALL BE DEEMED TO REFER TO THE NEW YORK STATE THRUWAY AUTHORITY.
8. NO EXISTING RIGHT OR REMEDY OF ANY CHARACTER SHALL BE LOST,
IMPAIRED OR AFFECTED BY REASON OF THIS SECTION.
9. NO ACTION PENDING AT THE TIME THE NEW YORK STATE BRIDGE AUTHORITY
IS ABOLISHED, BROUGHT BY OR AGAINST THE NEW YORK STATE BRIDGE AUTHORITY,
OR THE CHAIRMAN OR EXECUTIVE DIRECTOR THEREOF, SHALL BE AFFECTED BY ANY
PROVISION OF THIS SECTION, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN
THE NAME OF THE NEW YORK STATE THRUWAY AUTHORITY OR THE EXECUTIVE DIREC-
TOR OR CHAIRMAN THEREOF, AND THE PROPER PARTY SHALL, UPON APPLICATION TO
THE COURT, BE SUBSTITUTED AS A PARTY.
10. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY ACT, THE
RIGHTS AND REMEDIES OF BONDHOLDERS, OTHER CREDITORS OR PERSONS HAVING
CLAIMS OR CONTRACTS WITH THE NEW YORK STATE BRIDGE AUTHORITY SHALL NOT
BE LIMITED, IMPAIRED OR OTHERWISE ALTERED BY THE MERGER OF THE NEW YORK
STATE BRIDGE AUTHORITY FACILITIES AND OPERATIONS INTO THE NEW YORK STATE
THRUWAY AUTHORITY.
§ 8. Title 2 of article 3 of the public authorities law is REPEALED.
§ 9. Notwithstanding any provision of this act or any other provisions
of law, general, special or local, the New York state bridge authority
shall from time to time, after all contract provisions with respect to
any bonds, notes or other obligations issued or incurred under any bond
resolution of the New York state bridge authority have been provided for
and discharged, take any action necessary and proper to assist the New
York state thruway authority in effecting such discharge, including, but
not limited to directing the trustee under its agreement with New York
state bridge authority bondholders to apply available and necessary
funds to such discharge and otherwise take such actions consistent with
such agreement to effectuate such discharge, and transfer and pay over
to the New York state thruway authority all remaining funds; and may
accept and use any moneys transferred and paid over to it by the New
York state thruway authority to implement such discharge.
§ 10. Subdivision 1 of section 352 of the public authorities law, as
amended by chapter 766 of the laws 2005, is amended to read as follows:
1. A board to be known as "New York state thruway authority" is hereby
created. Such board shall be a body corporate and politic constituting a
public corporation. It shall consist of [seven] EIGHT members appointed
by the governor by and with the advice and consent of the senate. ONE
MEMBER SHALL BE, AT THE TIME OF APPOINTMENT, A RESIDENT OF ONE OF THE
S. 7508 20 A. 9508
FOLLOWING COUNTIES: ORANGE, ROCKLAND, WESTCHESTER, PUTNAM, DUTCHESS,
ULSTER, GREENE OR COLUMBIA. The members first appointed shall serve for
terms ending three, six and nine years, respectively from January first
next succeeding their appointment. Provided, however, that two board
members first appointed on or after the effective date of the chapter of
the laws of two thousand five which amended this subdivision shall serve
an initial term of two years; provided further that two other board
members first appointed on or after the effective date of the chapter of
the laws of two thousand five which amended this subdivision shall serve
an initial term of three years. Their successors shall be appointed for
terms of nine years each. A member to be designated as chairman in his
or her appointment as a member shall be chairman of such board until his
or her term as member expires. The chairman and the other members shall
serve without salary or other compensation, but shall be entitled to
reimbursement for their actual and necessary expenses incurred in the
performance of their official duties.
§ 11. Nothing contained in this act shall be deemed to limit or alter
in any way the rights and obligations of the New York state bridge
authority or after the abolishment of the New York state bridge authori-
ty, the New York state thruway authority, to establish and collect such
fees, rentals and other charges as may be necessary or required to
produce sufficient revenues to meet and to fulfill the terms and
provisions of the contracts made with the holders and registered owners
of the bonds, notes or other obligations or in any way impair the
constitutional rights of the holders and registered owners of the bonds,
notes or other obligations.
§ 12. This act, being necessary for the prosperity of the state and
its inhabitants, shall be liberally construed to effect the purposes and
secure the beneficial intents hereof.
§ 13. If any provision of any section of this act or the application
thereof to any person or circumstance shall be adjudged invalid by a
court of competent jurisdiction, such order or judgment shall be
confined in its operation to the controversy in which it was rendered,
and shall not affect or invalidate the remainder of any provision of any
section of this act or the application thereof to any other person or
circumstance and to this end the provisions of each section of this act
are hereby declared to be severable.
§ 14. This act shall take effect immediately, provided, however, that
section nine of this act shall take effect when all covenants, agree-
ments and obligations to the holders of bonds, notes or other obli-
gations issued or incurred under any bond resolution of the New York
state bridge authority are fully discharged and satisfied; provided,
that the New York state thruway authority shall notify the legislative
bill drafting commission when all covenants, agreements and obligations
to the holders of bonds, notes or other obligations of the New York
state bridge authority are fully discharged and satisfied 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.
PART H
Section 1. Section 1220-b of the vehicle and traffic law is amended by
adding four new subdivisions 5, 6, 7 and 8 to read as follows:
S. 7508 21 A. 9508
5. AS AN ALTERNATIVE TO THE PENALTIES PROVIDED FOR THE VIOLATION OF
THE PROVISIONS OF THIS SECTION:
(A) ANY PERSON WHO OPERATES, OR ATTEMPTS TO OPERATE, A MOTOR VEHICLE
IN VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A
TRAFFIC INFRACTION AND, FOR THE FIRST VIOLATION, BE REQUIRED TO PAY A
MANDATORY CIVIL PENALTY OF THREE THOUSAND DOLLARS AND, UPON NOTICE, THE
COMMISSIONER SHALL SUSPEND FOR A PERIOD OF THIRTY DAYS THE DRIVER'S
LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE OF ANY PERSON THAT OPER-
ATED, OR ATTEMPTED TO OPERATE, A MOTOR VEHICLE IN VIOLATION OF THIS
SECTION; AND FOR THE SECOND VIOLATION, BE REQUIRED TO PAY A MANDATORY
CIVIL PENALTY OF FIVE THOUSAND DOLLARS AND, UPON NOTICE, THE COMMISSION-
ER SHALL SUSPEND FOR A PERIOD OF NINETY DAYS SUCH DRIVER'S LICENSE OR
PRIVILEGE TO OPERATE; AND FOR A THIRD OR SUBSEQUENT VIOLATION, BE
REQUIRED TO PAY A MANDATORY CIVIL PENALTY OF TEN THOUSAND DOLLARS AND,
UPON NOTICE, THE COMMISSIONER SHALL SUSPEND FOR A PERIOD OF ONE HUNDRED
EIGHTY DAYS SUCH DRIVER'S LICENSE OR PRIVILEGE TO OPERATE. IN ADDITION
TO THE FOREGOING, WHERE SUCH PERSON IS THE OWNER OF THE MOTOR VEHICLE
OPERATED IN VIOLATION OF THE PROVISIONS OF THIS SECTION, FOR THE FIRST
VIOLATION THE COMMISSIONER, UPON NOTICE, SHALL SUSPEND FOR A PERIOD OF
THIRTY DAYS THE REGISTRATION OF ANY MOTOR VEHICLE SO OPERATED; AND FOR
THE SECOND VIOLATION THE COMMISSIONER, UPON NOTICE, SHALL SUSPEND THE
REGISTRATION OF ANY MOTOR VEHICLE SO OPERATED FOR A PERIOD OF NINETY
DAYS; AND FOR A THIRD OR SUBSEQUENT VIOLATION, THE COMMISSIONER, UPON
NOTICE, SHALL SUSPEND THE REGISTRATION OF ANY MOTOR VEHICLE SO OPERATED
FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS.
(B) ANY PERSON WHO KNOWINGLY SOLICITS OR ATTEMPTS TO SOLICIT ANOTHER
PERSON FOR THE UNLICENSED PROVISION OF ANY BUSINESS, TRADE OR COMMERCIAL
TRANSACTION IN VIOLATION OF THIS SECTION INVOLVING THE RENDERING TO
ANOTHER PERSON OF GROUND TRANSPORTATION SERVICES FROM AN AIRPORT SHALL
BE GUILTY OF A TRAFFIC INFRACTION AND, FOR THE FIRST VIOLATION, BE
REQUIRED TO PAY A MANDATORY CIVIL PENALTY OF THREE THOUSAND DOLLARS; AND
FOR THE SECOND VIOLATION, BE REQUIRED TO PAY A MANDATORY CIVIL PENALTY
OF FIVE THOUSAND DOLLARS; AND FOR A THIRD OR SUBSEQUENT VIOLATION, BE
REQUIRED TO PAY A MANDATORY CIVIL PENALTY OF TEN THOUSAND DOLLARS.
6. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO DENY A REGISTRATION OR
RENEWAL APPLICATION FOR A MOTOR VEHICLE WHERE A CURRENT OR PREVIOUSLY
REGISTERED OWNER OF SUCH MOTOR VEHICLE HAS BEEN FOUND IN VIOLATION OF
THIS SECTION, SECTION 19-506 OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK, OR OTHER PROVISION ESTABLISHING CIVIL OR CRIMINAL LIABILITY
FOR UNLICENSED GROUND TRANSPORTATION SERVICE, OR UNLICENSED OPERATION,
AND MAY ALSO DENY A REGISTRATION OR RENEWAL APPLICATION FOR ANY OTHER
MOTOR VEHICLE REGISTERED IN THE NAME OF SUCH OWNER, WHERE THE COMMIS-
SIONER DETERMINES THAT THE APPLICANT'S INTENT IN APPLYING FOR REGISTRA-
TION OR RENEWAL HAS LIKELY BEEN TO EVADE THE PURPOSES OF THIS SECTION
AND WHERE THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH
REGISTRATION OR RENEWAL WILL HAVE THE EFFECT OF TENDING TO DEFEAT THE
PURPOSES OF THIS SECTION.
7. (A) A SPECIAL PROCEEDING MAY BE COMMENCED IN SUPREME COURT OR COUN-
TY COURT BY A PETITIONER, WHOM SHALL BE EITHER THE ATTORNEY GENERAL, OR
BY THE AGENCY, AUTHORITY, BI-STATE AUTHORITY, COUNTY, OR CITY HAVING
JURISDICTION OVER THE AIRPORT WHERE THE ALLEGED VIOLATION OCCURRED,
ALLEGING THAT A MOTOR VEHICLE OWNER HAS COMMITTED A SECOND OR SUBSEQUENT
TRAFFIC INFRACTION IN VIOLATION OF THIS SECTION. A PETITIONER ESTABLISH-
ING BY CLEAR AND CONVINCING EVIDENCE THAT A MOTOR VEHICLE OWNER HAS
COMMITTED A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION SHALL BE
ENTITLED TO JUDGMENT OF FORFEITURE OF ALL RIGHT, TITLE OR INTEREST HELD
S. 7508 22 A. 9508
BY THE OWNER IN ANY MOTOR VEHICLE USED IN THE COMMISSION OF THE SECOND
OR SUBSEQUENT VIOLATION.
(B) ANY JUDGMENT OF FORFEITURE ISSUED PURSUANT TO THIS SUBDIVISION
SHALL INCLUDE PROVISIONS FOR THE DISPOSAL OF THE PROPERTY FOUND TO HAVE
BEEN FORFEITED. SUCH PROVISIONS SHALL INCLUDE, BUT ARE NOT LIMITED TO,
AN ORDER DIRECTING THAT THE PROPERTY, RIGHT, TITLE, OR INTEREST SHALL BE
SOLD IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE FIFTY-ONE OF THE CIVIL
PRACTICE LAW AND RULES, UNLESS GOOD CAUSE IS SHOWN. NET PROCEEDS OF THE
SALE SHALL BE PAID TO THE PETITIONER.
8. (A) A POLICE OFFICER SHALL BE PERMITTED TO SEIZE A MOTOR VEHICLE
THAT MAY BE SUBJECT TO LEGAL FORFEITURE PURSUANT TO SUBDIVISION SEVEN OF
THIS SECTION IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THE OWNER OF
THE MOTOR VEHICLE IS OPERATING, OR ATTEMPTING TO OPERATE, THE MOTOR
VEHICLE IN VIOLATION OF THIS SECTION AND THE OWNER HAS PREVIOUSLY BEEN
CONVICTED IN ANY COURT OR ADMINISTRATIVE TRIBUNAL OF A VIOLATION OF THIS
SECTION. A POLICE OFFICER EFFECTUATING A SEIZURE PURSUANT TO THIS SUBDI-
VISION MAY DO SO WITHIN TWENTY-FOUR HOURS OF PROVIDING THE OWNER OF THE
MOTOR VEHICLE WITH A TRAFFIC SUMMONS FOR THE SECOND OR SUBSEQUENT
VIOLATION OF THIS SECTION AND A NOTICE OF MOTOR VEHICLE SEIZURE CONTAIN-
ING THE DATE, TIME, AND PLACE OF THE COURT HEARING PURSUANT TO THIS
SUBDIVISION, AS WELL AS A CONCISE STATEMENT CONCERNING THE NATURE OF THE
LEGAL FORFEITURE ACTION. WITHIN FIVE BUSINESS DAYS OF SUCH SEIZURE, A
SUPREME OR COUNTY COURT, UPON THE FILING OF A PETITION FOR LEGAL FORFEI-
TURE, SHALL CONDUCT A HEARING PURSUANT TO SUBDIVISION SEVEN OF THIS
SECTION AND SHALL PROMPTLY DETERMINE WHETHER A MOTOR VEHICLE SEIZED
PURSUANT TO THIS SUBDIVISION IS SUBJECT TO LEGAL FORFEITURE AND WHETHER
IT IS NECESSARY THAT THE MOTOR VEHICLE REMAIN IMPOUNDED IN ORDER TO
ENSURE ITS AVAILABILITY TO EFFECTUATE LEGAL FORFEITURE.
(B) UPON A DETERMINATION BY A COURT THAT A MOTOR VEHICLE IS SUBJECT TO
LEGAL FORFEITURE, THE COURT WILL ISSUE AN ORDER THAT PETITIONER SHALL
RETAIN THE SEIZED MOTOR VEHICLE DURING THE PENDENCY OF THE LEGAL FORFEI-
TURE ACTION AND PROCEED IN ACCORDANCE WITH ARTICLE FOUR OF THE CIVIL
PRACTICE LAW AND RULES TO RESOLVE ANY REMAINING ISSUES PRIOR TO ENTERING
JUDGMENT. IF THE SEIZED MOTOR VEHICLE IS NOT SUBJECT TO LEGAL FORFEI-
TURE, BUT A VIOLATION OF THIS SECTION IS FOUND, THEN THE MOTOR VEHICLE
SHALL BE RELEASED TO THE OWNER UPON THE PAYMENT OF ALL PENALTIES AND
SUSPENSION TERMINATION FEES ASSOCIATED WITH SUCH VIOLATION. IF A CHARGE
FOR VIOLATING THIS SECTION IS DISMISSED AND THE MOTOR VEHICLE IS NOT
OTHERWISE SUBJECT TO LEGAL FORFEITURE, THE MOTOR VEHICLE SHALL BE
RELEASED TO THE OWNER WITHIN TWENTY-FOUR HOURS OF SUCH DISMISSAL.
§ 2. Paragraph b of subdivision 2 of section 510 of the vehicle and
traffic law is amended by adding two new subparagraphs (xviii) and (xix)
to read as follows:
(XVIII) UNTIL SUCH TIME AS ALL PENALTIES AND ALL SUSPENSION TERMI-
NATION FEES ARE PAID, OR WHERE A DEFAULT JUDGMENT IS REOPENED AND ALL
SUSPENSION FEES ARE PAID, WHERE THE HOLDER RECEIVES A DEFAULT JUDGMENT
FOR A VIOLATION OF SECTION TWELVE HUNDRED TWENTY-B OF THIS CHAPTER AS A
RESULT OF A FAILURE TO APPEAR IN RESPONSE TO A SUMMONS, OR APPEARANCE
TICKET RECEIVED PURSUANT TO SUCH SECTION.
(XIX) UNTIL SUCH TIME AS ALL PENALTIES AND ALL SUSPENSION TERMINATION
FEES ARE PAID WHERE THE HOLDER IS CONVICTED OF A VIOLATION OF SECTION
TWELVE HUNDRED TWENTY-B OF THIS CHAPTER AND TO PAY ANY PENALTY IMPOSED
PURSUANT TO SUCH SECTION.
§ 3. Notwithstanding the provisions of any other law to the contrary,
the port authority of New York and New Jersey (the "port authority") and
its police officers may enforce any local law, rule or regulation
S. 7508 23 A. 9508
related to ground transportation service as defined by section twelve
hundred-twenty-b of the vehicle and traffic law at airports leased by
the port authority within the city of New York ("city") to the same
extent as the City or any of its subdivisions.
§ 4. The commissioner of motor vehicles shall be authorized to estab-
lish rules or regulations and take all other actions deemed reasonably
necessary to effectuate this act.
§ 5. This act shall take effect immediately.
PART I
Section 1. Subdivision 12 of section 1269 of the public authorities
law, as amended by section 4 of part NN of chapter 54 of the laws of
2016, is amended to read as follows:
12. The aggregate principal amount of bonds, notes or other obli-
gations issued after the first day of January, nineteen hundred ninety-
three by the authority, the Triborough bridge and tunnel authority and
the New York city transit authority to fund projects contained in capi-
tal program plans approved pursuant to section twelve hundred sixty-
nine-b of this title for the period nineteen hundred ninety-two through
two thousand [nineteen] TWENTY-FOUR shall not exceed [fifty-five] NINETY
billion [four] ONE hundred [ninety-seven] million dollars. Such aggre-
gate principal amount of bonds, notes or other obligations or the
expenditure thereof shall not be subject to any limitation contained in
any other provision of law on the principal amount of bonds, notes or
other obligations or the expenditure thereof applicable to the authori-
ty, the Triborough bridge and tunnel authority or the New York city
transit authority. The aggregate limitation established by this subdivi-
sion shall not include (i) obligations issued to refund, redeem or
otherwise repay, including by purchase or tender, obligations thereto-
fore issued either by the issuer of such refunding obligations or by the
authority, the New York city transit authority or the Triborough bridge
and tunnel authority, (ii) obligations issued to fund any debt service
or other reserve funds for such obligations, (iii) obligations issued or
incurred to fund the costs of issuance, the payment of amounts required
under bond and note facilities, federal or other governmental loans,
security or credit arrangements or other agreements related thereto and
the payment of other financing, original issue premiums and related
costs associated with such obligations, (iv) an amount equal to any
original issue discount from the principal amount of such obligations or
to fund capitalized interest, (v) obligations incurred pursuant to
section twelve hundred seven-m of this article, (vi) obligations
incurred to fund the acquisition of certain buses for the New York city
transit authority as identified in a capital program plan approved
pursuant to chapter fifty-three of the laws of nineteen hundred ninety-
two, (vii) obligations incurred in connection with the leasing, selling
or transferring of equipment, and (viii) bond anticipation notes or
other obligations payable solely from the proceeds of other bonds, notes
or other obligations which would be included in the aggregate principal
amount specified in the first sentence of this subdivision, whether or
not additionally secured by revenues of the authority, or any of its
subsidiary corporations, New York city transit authority, or any of its
subsidiary corporations, or Triborough bridge and tunnel authority.
§ 2. This act shall take effect immediately.
PART J
S. 7508 24 A. 9508
Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of section 1209 of the
public authorities law are REPEALED.
§ 2. Paragraph (a) of subdivision 7 of section 1209 of the public
authorities law, as amended by section 3 of subpart C of part ZZZ of
chapter 59 of the laws of 2019, is amended and a new paragraph (c) is
added to read as follows:
(a) Except as otherwise provided in this section, all purchase
contracts for supplies, materials or equipment involving an estimated
expenditure in excess of one million dollars and all contracts for
public work involving an estimated expenditure in excess of one million
dollars shall be awarded by the authority to the lowest responsible
bidder after obtaining sealed bids in the manner hereinafter set forth.
The aforesaid shall not apply to contracts for personal, architectural,
engineering or other professional services, NOR TO CONTRACTS FOR
PROJECTS USING THE DESIGN BUILD CONTRACTING METHOD WHICH MAY IN THE
AUTHORITY'S DISCRETION BE SOLICITED AND AWARDED PURSUANT TO A PROCESS
FOR COMPETITIVE REQUEST FOR PROPOSALS. The authority may reject all bids
and obtain new bids in the manner provided by this section when it is
deemed in the public interest to do so or, in cases where two or more
responsible bidders submit identical bids which are the lowest bids,
award the contract to any of such bidders or obtain new bids from such
bidders. IN THE EVENT THAT THE AUTHORITY RECEIVES NO RESPONSIVE BIDS OR
ONLY A SINGLE BID IN RESPONSE TO AN INVITATION FOR BIDS, IT MAY NEGOTI-
ATE WITH ANY FIRM CAPABLE OF PROVIDING THE GOODS OR WORK THAT WAS THE
SUBJECT OF THE BID. IN THE EVENT THAT, AFTER OPENING BIDS, IT IS DETER-
MINED TO BE IN THE BEST INTEREST OF THE AUTHORITY TO MAKE A CHANGE TO
THE SPECIFICATIONS OR OTHER TERMS OR REQUIREMENTS OF THE BID, NEW BIDS
MAY BE SOLICITED FROM THOSE FIRMS THAT SUBMITTED BIDS WITHOUT ADDITIONAL
PUBLIC ADVERTISEMENTS. IN THE EVENT THAT A LOW BID CONTAINS A NON-CON-
FORMITY OR IS OTHERWISE NON-COMPLIANT WITH THE SOLICITATION, THE AUTHOR-
ITY MAY PERMIT SUCH BID TO BE CORRECTED WITHOUT INCREASE TO THE LOW BID
PRICE OR MAY REJECT SUCH BID. Nothing in this paragraph shall obligate
the authority to seek new bids after the rejection of bids or after
cancellation of an invitation to bid. Nothing in this section shall
prohibit the evaluation of bids on the basis of costs or savings includ-
ing life cycle costs of the item to be purchased, discounts, and
inspection services so long as the invitation to bid reasonably sets
forth the criteria to be used in evaluating such costs or savings. Life
cycle costs may include but shall not be limited to costs or savings
associated with installation, energy use, maintenance, operation and
salvage or disposal.
(C) TO ASSIST THE AUTHORITY IN THE DEVELOPMENT, TESTING AND ADOPTION
OF NEW AND INNOVATIVE TECHNOLOGY, THE AUTHORITY MAY AWARD CONTRACTS FOR
GOODS OR SERVICES NOT TO EXCEED FIVE MILLION DOLLARS TO QUALIFIED EMERG-
ING TECHNOLOGY COMPANIES AS DEFINED IN SECTION THIRTY-ONE HUNDRED TWO-E
OF THIS CHAPTER PURSUANT TO A PROCESS ESTABLISHED BY THE BOARD. IN
SCREENING AND SELECTING EMERGING TECHNOLOGY FIRMS FOR SUCH AWARDS, THE
AUTHORITY MAY COOPERATE WITH THE NEW YORK CITY PARTNERSHIP FOUNDATION OR
OTHER SUCH NONPROFIT ORGANIZATIONS.
§ 3. Paragraph (a) of subdivision 8 of section 1209 of the public
authorities law, as amended by chapter 725 of the laws of 1993, is
amended to read as follows:
(a) Advertisement for bids, when required by this section, shall be
published [at least once in a newspaper of general circulation in the
area served by the authority and in the procurement opportunities news-
letter published pursuant to article four-C of the economic development
S. 7508 25 A. 9508
law provided that,] ON THE AUTHORITY'S WEBSITE, notwithstanding the
provisions of article four-C of the economic development law[, an adver-
tisement shall only be required when required by this section. Publica-
tion in a newspaper of general circulation in the area served or in the
procurement opportunities newsletter shall not be required if bids for
contracts for supplies, materials or equipment are of a type regularly
purchased by the authority and are to be solicited from a list of poten-
tial suppliers, if such list is or has been developed consistent with
the provisions of subdivision eleven of this section]. Any such adver-
tisement shall contain a statement of: (i) the time and place where bids
received pursuant to any notice requesting sealed bids will be publicly
opened and read; (ii) the name of the contracting agency; (iii) the
contract identification number; (iv) a brief description of the public
work, supplies, materials, or equipment sought, the location where work
is to be performed, goods are to be delivered or services provided and
the contract term; (v) the address where bids or proposals are to be
submitted; (vi) the date when bids or proposals are due; (vii) a
description of any eligibility or qualification requirement or prefer-
ence; (viii) a statement as to whether the contract requirements may be
fulfilled by a subcontracting, joint venture, or co-production arrange-
ment; (ix) any other information deemed useful to potential contractors;
and (x) the name, address, and telephone number of the person to be
contacted for additional information. At least [fifteen business] FIVE
days shall elapse between the first publication of such advertisement or
the solicitation of bids, as the case may be, and the date of opening
and reading of bids.
§ 4. Paragraphs (f) and (g) of subdivision 9 of section 1209 of the
public authorities law are relettered paragraphs (e) and (f) and para-
graphs (c), (d) and (e), as added by chapter 929 of the laws of 1986,
are amended to read as follows:
(c) [the authority receives no responsive bids or only a single
responsive bid in response to an invitation for competitive bids;
(d)] the authority wishes to experiment with or test a product or
technology or new source for such product or technology or evaluate the
service or reliability of such product or technology;
[(e)] (D) the item is available through an existing contract between a
vendor and (i) ANY DEPARTMENT, OFFICE, AGENCY, OR INSTRUMENTALITY OF THE
UNITED STATES GOVERNMENT OR DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDI-
VISION, OR INSTRUMENTALITY OF ANY STATE WITHIN THE UNITED STATES OR (II)
another public authority provided that such other authority utilized a
process of competitive bidding or a process of competitive requests for
proposals to award such contract or [(ii)] (III) the state of New York
or the city of New York, provided that in any case when the authority
under this paragraph determines that obtaining such item thereby would
be in the public interest and sets forth the reasons for such determi-
nation. The authority shall accept sole responsibility for any payment
due the vendor as a result of the authority's order; or
§ 5. Subdivision 10 of section 1209 of the public authorities law, as
added by chapter 929 of the laws of 1986, is amended to read as follows:
10. Upon the adoption of a resolution by the authority stating, for
reasons of efficiency, economy, compatibility or maintenance reliabil-
ity, that there is a need for standardization, the authority may estab-
lish procedures whereby particular supplies, materials or equipment are
identified on a qualified products list. Such procedures shall provide
for products or vendors to be added to or deleted from such list and
shall include provisions for public advertisement of the manner in which
S. 7508 26 A. 9508
such lists are compiled. The authority shall review such list no less
than [twice] ONCE a year for the purpose of making modifications there-
to. Contracts for particular supplies, materials or equipment identi-
fied on a qualified products list may be awarded by the authority to the
lowest responsible bidder after obtaining sealed bids in accordance with
this section or without competitive sealed bids in instances when the
item is available from only a single source, except that the authority
may dispense with advertising provided that it mails copies of the invi-
tation to bid to all vendors of the particular item on the qualified
products list.
§ 6. Subdivision 1 of section 1265-a of the public authorities law is
REPEALED.
§ 7. Paragraph (a) of subdivision 2 of section 1265-a of the public
authorities law, as amended by section 3-a of subpart C of part ZZZ of
chapter 59 of the laws of 2019, is amended to read as follows:
(a) Except as otherwise provided in this section, all purchase
contracts for supplies, materials or equipment involving an estimated
expenditure in excess of one million dollars and all contracts for
public work involving an estimated expenditure in excess of one million
dollars shall be awarded by the authority to the lowest responsible
bidder after obtaining sealed bids in the manner hereinafter set forth.
For purposes hereof, contracts for public work shall exclude contracts
for personal, engineering and architectural, or professional services,
AND CONTRACTS FOR PROJECTS USING THE DESIGN BUILD CONTRACTING METHOD
WHICH MAY, IN THE AUTHORITY'S DISCRETION, BE SOLICITED AND AWARDED
PURSUANT TO A PROCESS FOR COMPETITIVE REQUEST FOR PROPOSALS. The
authority may reject all bids and obtain new bids in the manner provided
by this section when it is deemed in the public interest to do so or, in
cases where two or more responsible bidders submit identical bids which
are the lowest bids, award the contract to any of such bidders or obtain
new bids from such bidders. IN THE EVENT THAT THE AUTHORITY RECEIVES NO
RESPONSIVE BIDS OR ONLY A SINGLE BID IN RESPONSE TO AN INVITATION FOR
BIDS, IT MAY NEGOTIATE WITH ANY FIRM CAPABLE OF PROVIDING THE GOODS OR
WORK THAT WAS THE SUBJECT OF THE BID. IN THE EVENT THAT, AFTER OPENING
BIDS, IT IS DETERMINED TO BE IN THE BEST INTEREST OF THE AUTHORITY TO
MAKE A CHANGE TO THE SPECIFICATIONS OR OTHER TERMS OR REQUIREMENTS OF
THE BID, NEW BIDS MAY BE SOLICITED FROM THOSE FIRMS THAT SUBMITTED BIDS
WITHOUT ADDITIONAL PUBLIC ADVERTISEMENTS. IN THE EVENT THAT A LOW BID
CONTAINS A NON-CONFORMITY OR IS OTHERWISE NON-COMPLIANT WITH THE SOLIC-
ITATION, THE AUTHORITY MAY PERMIT SUCH BID TO BE CORRECTED WITHOUT
INCREASE TO THE LOW BID PRICE OR MAY REJECT SUCH BID. Nothing in this
paragraph shall obligate the authority to seek new bids after the
rejection of bids or after cancellation of an invitation to bid. Noth-
ing in this section shall prohibit the evaluation of bids on the basis
of costs or savings including life cycle costs of the item to be
purchased, discounts, and inspection services so long as the invitation
to bid reasonably sets forth the criteria to be used in evaluating such
costs or savings. Life cycle costs may include but shall not be limited
to costs or savings associated with installation, energy use, mainte-
nance, operation and salvage or disposal.
§ 8. Subdivision 2 of section 1265-a of the public authorities law is
amended by adding a new paragraph (d) to read as follows:
(D) TO ASSIST THE AUTHORITY IN THE DEVELOPMENT, TESTING AND ADOPTION
OF NEW AND INNOVATIVE TECHNOLOGY, THE AUTHORITY MAY AWARD CONTRACTS FOR
GOODS OR SERVICES NOT TO EXCEED FIVE MILLION DOLLARS TO QUALIFIED EMERG-
ING TECHNOLOGY COMPANIES AS DEFINED IN SECTION THIRTY-ONE HUNDRED TWO-E
S. 7508 27 A. 9508
OF THIS CHAPTER PURSUANT TO A PROCESS ESTABLISHED BY THE BOARD. IN
SCREENING AND SELECTING EMERGING TECHNOLOGY FIRMS FOR SUCH AWARDS, THE
AUTHORITY MAY COOPERATE WITH THE NEW YORK CITY PARTNERSHIP FOUNDATION OR
OTHER SUCH NONPROFIT ORGANIZATIONS.
§ 9. Paragraph (a) of subdivision 3 of section 1265-a of the public
authorities law, as amended by chapter 494 of the laws of 1990, is
amended to read as follows:
(a) Advertisement for bids, when required by this section, shall be
published [at least once in a newspaper of general circulation in the
area served by the authority and in the procurement opportunities news-
letter published pursuant to article four-C of the economic development
law provided that,] ON THE AUTHORITY'S WEBSITE notwithstanding the
provisions of article four-C of the economic development law[, an adver-
tisement shall only be required for a purchase contract for supplies,
materials or equipment when required by this section. Publication in a
newspaper of general circulation in the area served or in the procure-
ment opportunities newsletter shall not be required if bids for
contracts for supplies, materials or equipment are of a type regularly
purchased by the authority and are to be solicited from a list of poten-
tial suppliers, if such list is or has been developed consistent with
the provisions of subdivision six of this section]. Any such advertise-
ment shall contain a statement of: (i) the time and place where bids
received pursuant to any notice requesting sealed bids will be publicly
opened and read; (ii) the name of the contracting agency; (iii) the
contract identification number; (iv) a brief description of the public
work, supplies, materials, or equipment sought, the location where work
is to be performed, goods are to be delivered or services provided and
the contract term; (v) the address where bids or proposals are to be
submitted; (vi) the date when bids or proposals are due; (vii) a
description of any eligibility or qualification requirement or prefer-
ence; (viii) a statement as to whether the contract requirements may be
fulfilled by a subcontracting, joint venture, or co-production arrange-
ment; (ix) any other information deemed useful to potential contractors;
and (x) the name, address, and telephone number of the person to be
contacted for additional information. At least [fifteen business] FIVE
days shall elapse between the first publication of such advertisement or
the solicitation of bids, as the case may be, and the date of opening
and reading of bids.
§ 10. Paragraphs (f) and (g) of subdivision 4 of section 1265-a of the
public authorities law are relettered paragraphs (e) and (f) and para-
graphs (c), (d) and (e), as added by chapter 929 of the laws of 1986,
are amended to read as follows:
(c) [the authority receives no responsive bids or only a single
responsive bid in response to an invitation for competitive bids;
(d)] the authority wishes to experiment with or test a product or
technology or new source for such product or technology or evaluate the
service or reliability of such product or technology;
[(e)] (D) the item is available through an existing contract between a
vendor and (i) ANY DEPARTMENT, OFFICE, AGENCY, OR INSTRUMENTALITY OF THE
UNITED STATES GOVERNMENT OR DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDI-
VISION, OR INSTRUMENTALITY OF ANY STATE WITHIN THE UNITED STATES OR (II)
another public authority provided that such other authority utilized a
process of competitive bidding or a process of competitive requests for
proposals to award such contracts or [(ii)] (III) Nassau county, or
[(iii)] (IV) the state of New York or [(iv)] (V) the city of New York,
provided that in any case when under this paragraph the authority deter-
S. 7508 28 A. 9508
mines that obtaining such item thereby would be in the public interest
and sets forth the reasons for such determination. The authority shall
accept sole responsibility for any payment due the vendor as a result of
the authority's order; or
§ 11. Subdivision 5 of section 1265-a of the public authorities law,
as added by chapter 929 of the laws of 1986, is amended to read as
follows:
5. Upon the adoption of a resolution by the authority stating, for
reasons of efficiency, economy, compatibility or maintenance reliabil-
ity, that there is a need for standardization, the authority may estab-
lish procedures whereby particular supplies, materials or equipment are
identified on a qualified products list. Such procedures shall provide
for products or vendors to be added to or deleted from such list and
shall include provisions for public advertisement of the manner in which
such lists are compiled. The authority shall review such list no less
than [twice] ONCE a year for the purpose of making such modifications.
Contracts for particular supplies, materials or equipment identified on
a qualified products list may be awarded by the authority to the lowest
responsible bidder after obtaining sealed bids in accordance with this
section or without competitive sealed bids in instances when the item is
available from only a single source, except that the authority may
dispense with advertising provided that it mails copies of the invita-
tion to bid to all vendors of the particular item on the qualified
products list.
§ 12. Section 15 of part OO of chapter 54 of the laws of 2016, amend-
ing the public authorities law relating to procurements by the New York
City transit authority and the metropolitan transportation authority, is
amended to read as follows:
§ 15. This act shall take effect immediately[, and shall expire and be
deemed repealed April 1, 2021].
§ 13. This act shall take effect immediately, provided, however, that
the amendments to paragraph (a) of subdivision 2 of section 1265-a of
the public authorities law made by section seven of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith.
PART K
Section 1. Section 3 of part PP of chapter 54 of the laws of 2016,
amending the general municipal law relating to the New York transit
authority and the metropolitan transportation authority, is amended to
read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
[April 1, 2021] DECEMBER 31, 2024, and provided further that such repeal
shall not affect the validity or duration of any contract entered into
before that date pursuant to paragraph f of such subdivision.
§ 2. This act shall take effect immediately.
PART L
Section 1. Section 1266 of the public authorities law is amended by
adding a new subdivision 19 to read as follows:
19. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE LONG ISLAND RAIL ROAD
COMPANY AND THE METRO-NORTH COMMUTER RAILROAD COMPANY OR THEIR CONTRAC-
S. 7508 29 A. 9508
TORS MAY WITHOUT THE NEED FOR ANY LICENSE, PERMIT, PERMISSION, APPROVAL
OR ORDER FROM ANY COURT, ADMINISTRATIVE TRIBUNAL OR OTHER GOVERNMENTAL
AGENCY, BUREAU OR DEPARTMENT ENTER UPON ANY PRIVATE PROPERTY ABUTTING
THEIR RESPECTIVE RIGHTS OF WAY, FOR THE PURPOSE OF REMOVING, TRIMMING OR
CUTTING BACK ANY TREE, SHRUB OR OTHER VEGETATION TO PRESERVE THE SAFETY
AND EFFICIENCY OF COMMUTER RAIL OPERATIONS, SUBJECT TO THE FOLLOWING:
(A) EXCEPT IN CASES OF IMMINENT THREAT OF HARM TO PERSONS OR PROPERTY,
A REQUEST HAS BEEN MADE TO THE OWNER OF SUCH PRIVATE PROPERTY FOR
PERMISSION TO ENTER UPON SUCH PROPERTY FOR SUCH PURPOSE, WHICH REQUEST
HAS BEEN DENIED OR HAS BEEN GRANTED SUBJECT TO UNREASONABLE TERMS AND
CONDITIONS;
(B) THE REMOVAL, TRIMMING OR CUTTING BACK OF TREES, SHRUBS OR OTHER
VEGETATION IS LIMITED TO THAT NEEDED TO PRESERVE THE SAFETY AND EFFI-
CIENCY OF COMMUTER RAIL OPERATIONS BY (I) PREVENTING THE DEPOSIT OF LEAF
DEBRIS FROM SUCH TREES, SHRUBS OR OTHER VEGETATION ON RAIL TRACKS SO AS
TO AVOID SLIP-SLIDE CONDITIONS DURING THE ANNUAL LEAF-OFF SEASON, OR
(II) REMOVING TREES, SHRUBS OR OTHER VEGETATION, OR BRANCHES, LIMBS OR
OTHER PARTS OF SUCH TREES, SHRUBS OR OTHER VEGETATION, WHICH ARE
DAMAGED, DISEASED OR SITUATED IN SUCH A MANNER SO THAT THEY ARE LIKELY
TO BREAK OR FALL OFF DURING HIGH WINDS OR EXTREME WEATHER CONDITIONS,
POSING A RISK TO COMMUTER RAILROAD FACILITIES, EMPLOYEES OR THE GENERAL
PUBLIC; AND
(C) EXCEPT IN THE CASE OF INVASIVE SPECIES, OR SPECIES WHICH ARE
POISONOUS OR NOXIOUS, OR WHERE AN ENTIRE TREE IS REMOVED, DUE CARE IS
TAKEN TO AVOID ANY TRIMMING OR CUTTING BACK WHICH WOULD DAMAGE THE MAIN
SUPPORT SYSTEMS OF SUCH TREES, SHRUBS OR OTHER VEGETATION, WITH THE
SUBJECT RAILROAD BEING LIABLE TO THE PROPERTY OWNER FOR THE ACTUAL
DAMAGE DONE IF SUCH TRIMMING OR CUTTING BACK DOES IN FACT DAMAGE SUCH
MAIN SUPPORT SYSTEMS.
NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO ELIMINATE
OR LIMIT ANY RIGHTS THE LONG ISLAND RAIL ROAD COMPANY OR THE METRO-NORTH
COMMUTER RAILROAD COMPANY MAY OTHERWISE HAVE UNDER LAW WITH RESPECT TO
THE REMOVAL, TRIMMING OR CUTTING BACK OF TREES, SHRUBS OR OTHER VEGE-
TATION ON PRIVATE PROPERTY ABUTTING THEIR RIGHTS OF WAY.
§ 2. This act shall take effect immediately.
PART M
Section 1. Subdivision 3 of section 165.15 of the penal law is amended
to read as follows:
3. With intent to obtain railroad, subway, bus, air, taxi or any other
public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN THE TOLLED CENTRAL BUSINESS
DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE AND
TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to
avoid payment of the lawful charge OR TOLL for such transportation
service which has been rendered to him OR HER OR FOR SUCH USE OF ANY
TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTERING OR
REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
attempts to obtain such service or TO USE ANY TOLL HIGHWAY, PARKWAY,
ROAD, BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED CENTRAL BUSI-
NESS DISTRICT OR avoids or attempts to avoid payment therefor by force,
intimidation, stealth, deception or mechanical tampering, or by unjusti-
fiable failure or refusal to pay; or
S. 7508 30 A. 9508
§ 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and
traffic law, as amended by chapter 109 of the laws of 2005, is amended
and a new paragraph (c) is added to read as follows:
(b) Number plates shall be kept clean and in a condition so as to be
easily readable and shall not be covered by glass or any plastic materi-
al, and shall not be knowingly covered or coated with any artificial or
synthetic material or substance that conceals or obscures such number
plates or that distorts a recorded or photographic image of such number
plates, and the view of such number plates shall not be obstructed by
any part of the vehicle or by anything carried thereon[, except for a
receiver-transmitter issued by a publicly owned tolling facility in
connection with electronic toll collection when such receiver-transmit-
ter is affixed to the exterior of a vehicle in accordance with mounting
instructions provided by the tolling facility].
(C) IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE OR PARK A
MOTOR VEHICLE ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR ENTER
OR REMAIN IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION
SEVENTEEN HUNDRED FOUR OF THIS CHAPTER, UNDER THE JURISDICTION OF THE
TOLLING AUTHORITY, IF SUCH NUMBER PLATE IS NOT EASILY READABLE, NOR
SHALL ANY NUMBER PLATE BE COVERED BY GLASS OR ANY PLASTIC MATERIAL, AND
SHALL NOT BE KNOWINGLY COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHET-
IC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES,
OR THAT DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES,
AND THE VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY ANY PART
OF THE VEHICLE OR BY ANYTHING CARRIED THEREON, EXCEPT FOR A RECEIVER-
TRANSMITTER ISSUED BY A PUBLICLY OWNED TOLLING AUTHORITY IN CONNECTION
WITH ELECTRONIC TOLL COLLECTION WHEN SUCH RECEIVER-TRANSMITTER IS
AFFIXED TO THE EXTERIOR OF A VEHICLE IN ACCORDANCE WITH MOUNTING
INSTRUCTIONS PROVIDED BY THE TOLLING AUTHORITY. FOR PURPOSES OF THIS
PARAGRAPH, "TOLLING AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH
OPERATES A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL OR A CENTRAL BUSINESS
DISTRICT TOLLING PROGRAM AS WELL AS THE PORT AUTHORITY OF NEW YORK AND
NEW JERSEY, A BI-STATE AGENCY CREATED BY COMPACT SET FORTH IN CHAPTER
ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS
AMENDED.
§ 3. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 61 of the laws of 1989 and as renumbered by chapter
648 of the laws of 2006, is amended to read as follows:
8. The violation of this section shall be punishable by a fine of not
less than twenty-five nor more than two hundred dollars EXCEPT FOR
VIOLATIONS OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION WHICH
SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN
FIVE HUNDRED DOLLARS.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART N
Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
rately amended by chapters 268 and 281 of the laws of 2016, is amended
to read as follows:
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE
OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES,
VOUCHERS, OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; A
S. 7508 31 A. 9508
PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR,
INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL
SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUC-
TURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A TRAIN OR BUS
STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, employed by any
transit agency, authority or company, public or private, whose operation
is authorized by New York state or any of its political subdivisions, a
city marshal, a school crossing guard appointed pursuant to section two
hundred eight-a of the general municipal law, a traffic enforcement
officer, traffic enforcement agent, prosecutor as defined in subdivision
thirty-one of section 1.20 of the criminal procedure law, sanitation
enforcement agent, New York city sanitation worker, public health sani-
tarian, New York city public health sanitarian, registered nurse,
licensed practical nurse, emergency medical service paramedic, or emer-
gency medical service technician, he or she causes physical injury to
such train operator, ticket inspector, conductor, signalperson, bus
operator, station agent, station cleaner [or], terminal cleaner, STATION
CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR
COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR
USE ON A TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN-
TENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A
TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT
STATION STRUCTURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A
TRAIN OR BUS STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL,
city marshal, school crossing guard appointed pursuant to section two
hundred eight-a of the general municipal law, traffic enforcement offi-
cer, traffic enforcement agent, prosecutor as defined in subdivision
thirty-one of section 1.20 of the criminal procedure law, registered
nurse, licensed practical nurse, public health sanitarian, New York city
public health sanitarian, sanitation enforcement agent, New York city
sanitation worker, emergency medical service paramedic, or emergency
medical service technician, while such employee is performing an
assigned duty on, or directly related to, the operation of a train or
bus, [including the] cleaning of a train or bus station or terminal OR
MAINTENANCE OF A TRAIN OR BUS STATION OR TERMINAL, SIGNAL SYSTEM,
ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, TRAIN
YARD OR REVENUE TRAIN IN PASSENGER SERVICE, or such city marshal, school
crossing guard, traffic enforcement officer, traffic enforcement agent,
prosecutor as defined in subdivision thirty-one of section 1.20 of the
criminal procedure law, registered nurse, licensed practical nurse,
public health sanitarian, New York city public health sanitarian, sani-
tation enforcement agent, New York city sanitation worker, emergency
medical service paramedic, or emergency medical service technician is
performing an assigned duty; or
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART O
Section 1. Section 240.30 of the penal law is amended by adding a new
subdivision 3-a to read as follows:
3-A. HE OR SHE STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER
PERSON TO PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER
PERSON, AND SUCH OTHER PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET
INSPECTOR; CONDUCTOR; SIGNALPERSON; BUS OPERATOR; STATION AGENT; STATION
CLEANER; TERMINAL CLEANER; STATION CUSTOMER ASSISTANT; PERSON WHOSE
S. 7508 32 A. 9508
OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES,
VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; PERSON
WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROU-
BLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR
UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, TRAIN YARD, REVEN-
UE TRAIN IN PASSENGER SERVICE, OR TRAIN OR BUS STATION OR TERMINAL; OR A
SUPERVISOR OF SUCH PERSONNEL, EMPLOYED BY ANY TRANSIT AGENCY, AUTHORITY
OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW YORK
STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART P
Section 1. The penal law is amended by adding a new title Y-3 to read
as follows:
TITLE Y-3
TRANSIT CRIMES
ARTICLE 498
TRANSIT CRIMES
SECTION 498.05 ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.
498.10 TRANSIT TRESPASS.
§ 498.05 ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.
1. WHEN ANY CRIMINAL ACTION IS PENDING AGAINST A DEFENDANT CHARGED
WITH A CRIME INVOLVING UNLAWFUL SEXUAL CONDUCT COMMITTED AGAINST ANY
METROPOLITAN TRANSPORTATION AUTHORITY PASSENGER, CUSTOMER, OR EMPLOYEE
OR AN ASSAULT-RELATED CRIME OR OFFENSE AGAINST A METROPOLITAN TRANSPOR-
TATION AUTHORITY EMPLOYEE COMMITTED IN OR ON ANY OF THE SUBWAYS, TRAINS,
BUSES, OR OTHER CONVEYANCES OR FACILITIES OF THE METROPOLITAN TRANSPOR-
TATION AUTHORITY OR ITS SUBSIDIARIES OR OF THE NEW YORK CITY TRANSIT
AUTHORITY OR ITS SUBSIDIARIES, THE COURT, IN ADDITION TO THE OTHER
POWERS CONFERRED UPON IT BY THIS CHAPTER, MAY AS A CONDITION OF A PRE-
TRIAL RELEASE, OR AS A CONDITION OF RELEASE ON BAIL OR AN ADJOURNMENT IN
CONTEMPLATION OF DISMISSAL, ISSUE A TEMPORARY ORDER OF PROTECTION OF
PUBLIC TRANSIT RIDERS TO ENSURE THE PUBLIC SAFETY. SUCH AN ORDER MAY
REQUIRE THAT THE DEFENDANT REFRAIN FROM ENTERING, REMAINING IN OR USING
THE FACILITIES OR CONVEYANCES OF THE METROPOLITAN TRANSPORTATION AUTHOR-
ITY OR ITS SUBSIDIARIES AND THE NEW YORK CITY TRANSIT AUTHORITY AND ITS
SUBSIDIARIES. A TEMPORARY ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS
SHALL REMAIN IN EFFECT UNTIL THE FINAL DISPOSITION OF THE CASE UNLESS
REVOKED BY THE COURT.
2. UPON SENTENCING ON A CONVICTION FOR A CRIME INVOLVING UNLAWFUL
SEXUAL CONDUCT COMMITTED AGAINST ANY METROPOLITAN TRANSPORTATION AUTHOR-
ITY PASSENGER, CUSTOMER, OR EMPLOYEE OR AN ASSAULT-RELATED CRIME OR
OFFENSE AGAINST A METROPOLITAN TRANSPORTATION AUTHORITY EMPLOYEE COMMIT-
TED IN OR ON ANY FACILITY OR CONVEYANCE OF THE METROPOLITAN TRANSPORTA-
TION AUTHORITY OR ITS SUBSIDIARIES OR OF THE NEW YORK CITY TRANSIT
AUTHORITY OR ITS SUBSIDIARIES, THE COURT MAY, IN ADDITION TO ANY OTHER
DISPOSITION, ENTER AN ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS. THE
DURATION OF SUCH AN ORDER SHALL BE THREE YEARS.
3. IN ANY PROCEEDING IN WHICH AN ORDER OF PROTECTION OF PUBLIC TRANSIT
RIDERS OR TEMPORARY ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS HAS
BEEN ISSUED UNDER THIS SECTION, THE CLERK OF THE COURT SHALL ISSUE TO
THE DEFENDANT AND DEFENSE COUNSEL AND THE METROPOLITAN TRANSPORTATION
S. 7508 33 A. 9508
AUTHORITY, A COPY OF THE ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS OR
TEMPORARY ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.
§ 498.10 TRANSIT TRESPASS.
A PERSON IS GUILTY OF TRANSIT TRESPASS WHEN, BEING A PERSON SUBJECT TO
A PROHIBITION ORDER ISSUED BY THE METROPOLITAN TRANSPORTATION AUTHORITY
PURSUANT TO SECTION TWELVE HUNDRED SIXTY-FOUR-B OF THE PUBLIC AUTHORI-
TIES LAW OR AN ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS OR TEMPORARY
ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS ISSUED BY A COURT, HE OR
SHE KNOWINGLY ENTERS OR REMAINS IN OR USES ANY FACILITY OR CONVEYANCE OF
THE METROPOLITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARIES OR OF THE
NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARIES.
TRANSIT TRESPASS IS A CLASS A MISDEMEANOR.
§ 2. The public authorities law is amended by adding a new section
1264-b to read as follows:
§ 1264-B. PROHIBITION ORDERS. 1. THE AUTHORITY MAY ISSUE A PROHIBITION
ORDER TO ANY PERSON IF IT DETERMINES THAT:
(A) THE PERSON: (I) HAS BEEN ISSUED A SUMMONS, AN APPEARANCE TICKET,
OR A NOTICE OF VIOLATION FOR COMMITTING A VIOLATION OF ANY OF THE RULES
AND REGULATIONS GOVERNING THE CONDUCT AND SAFETY OF THE PUBLIC ESTAB-
LISHED BY THE NEW YORK CITY TRANSIT AUTHORITY, THE MANHATTAN AND BRONX
SURFACE TRANSIT OPERATING AUTHORITY, THE STATEN ISLAND RAPID TRANSIT
OPERATING AUTHORITY, MTA BUS COMPANY, THE METRO-NORTH COMMUTER RAILROAD
COMPANY, OR THE LONG ISLAND RAIL ROAD COMPANY; AND (II) THE VIOLATION
WAS RELATED TO A SEXUAL OFFENSE COMMITTED AGAINST ANY METROPOLITAN
TRANSPORTATION AUTHORITY PASSENGER, CUSTOMER, OR EMPLOYEE OR AN
ASSAULT-RELATED CRIME OR OFFENSE AGAINST A METROPOLITAN TRANSPORTATION
AUTHORITY EMPLOYEE; AND (III) THE PERSON WAS PREVIOUSLY ISSUED TWO OR
MORE SUMMONSES, APPEARANCE TICKETS, OR NOTICES OF VIOLATION FOR COMMIT-
TING A VIOLATION OF ANY OF THE RULES AND REGULATIONS GOVERNING THE
CONDUCT AND SAFETY OF THE PUBLIC ESTABLISHED BY THE NEW YORK CITY TRANS-
IT AUTHORITY, THE MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORI-
TY, THE STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY, THE MTA BUS
COMPANY, THE METRO-NORTH COMMUTER RAILROAD COMPANY, OR THE LONG ISLAND
RAIL ROAD COMPANY FOR A VIOLATION RELATED TO A SEXUAL OFFENSE COMMITTED
AGAINST ANY METROPOLITAN TRANSPORTATION AUTHORITY PASSENGER, CUSTOMER,
OR EMPLOYEE OR AN ASSAULT-RELATED CRIME OR OFFENSE AGAINST A METROPOL-
ITAN TRANSPORTATION AUTHORITY EMPLOYEE; OR
(B) THE PERSON HAS BEEN DESIGNATED A LEVEL THREE SEX OFFENDER PURSUANT
TO THE PROCEDURES SET FORTH IN ARTICLE SIX-C OF THE CORRECTION LAW.
2. A PERSON SUBJECT TO A PROHIBITION ORDER MAY NOT USE OR ENTER ANY OF
THE AUTHORITY'S SUBWAYS, TRAINS, BUSES, OR OTHER CONVEYANCES OR FACILI-
TIES AS SPECIFIED IN THE ORDER FOR A PERIOD OF THREE YEARS FOLLOWING THE
ISSUANCE OF THE PROHIBITION ORDER.
3. NO PROHIBITION ORDER SHALL BE EFFECTIVE UNLESS THE AUTHORITY FIRST
AFFORDS THE PERSON NOTICE AND AN OPPORTUNITY TO CONTEST THE AUTHORITY'S
PROPOSED ACTION IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE AUTHORITY
FOR THIS PURPOSE. THE AUTHORITY'S PROCEDURES SHALL PROVIDE, AT A MINI-
MUM, FOR THE NOTICE AND OTHER PROTECTIONS SET FORTH IN THIS SECTION, AND
THE AUTHORITY SHALL PROVIDE REASONABLE NOTIFICATION TO THE PUBLIC OF THE
AVAILABILITY OF SUCH PROCEDURES.
4. (A) A NOTICE OF A PROPOSED PROHIBITION ORDER SHALL SET FORTH A
DESCRIPTION OF THE LISTED CRIMES OR CONDUCT GIVING RISE TO THE PROHIBI-
TION ORDER, INCLUDING REFERENCE TO THE APPLICABLE STATUTORY PROVISION OR
ORDINANCE VIOLATED, THE DATES OF THE LISTED CONDUCT, THE LOCATIONS WHERE
SUCH CONDUCT WAS COMMITTED AND THE SCOPE OF THE PROHIBITION. THE NOTICE
SHALL INCLUDE A CLEAR AND CONSPICUOUS STATEMENT INDICATING THE PROCEDURE
S. 7508 34 A. 9508
FOR CONTESTING THE PROPOSED PROHIBITION ORDER. THE NOTICE SHALL BE
SERVED UPON THE PERSON WHO IS THE SUBJECT OF THE PROPOSED PROHIBITION
ORDER IN THE MANNER SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION. THE
NOTICE OF PROHIBITION ORDER, OR A COPY THEREOF, SHALL BE CONSIDERED A
RECORD KEPT IN THE ORDINARY COURSE OF BUSINESS OF THE AUTHORITY AND
SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED IN THE NOTICE
ESTABLISHING A REBUTTABLE PRESUMPTION AFFECTING THE BURDEN OF PRODUCING
EVIDENCE. FOR PURPOSES OF THIS PARAGRAPH, "CLEAR AND CONSPICUOUS" MEANS
IN LARGER TYPE THAN THE SURROUNDING TEXT, OR IN CONTRASTING TYPE, FONT,
OR COLOR TO THE SURROUNDING TEXT OF THE SAME SIZE OR SET OFF FROM THE
SURROUNDING TEXT OF THE SAME SIZE BY SYMBOLS OR OTHER MARKS THAT CALL
ATTENTION TO THE LANGUAGE.
(B) A PROPOSED PROHIBITION ORDER MAY BE SERVED BY:
(1) IN-PERSON DELIVERY; OR
(2) DELIVERY BY ANY FORM OF MAIL PROVIDING FOR DELIVERY CONFIRMATION,
POSTAGE PREPAID, TO THE MOST RECENT ADDRESS PROVIDED BY THE PERSON BEING
SERVED IN GOVERNMENT RECORDS, INCLUDING, BUT NOT LIMITED TO, THE ADDRESS
SET FORTH IN A CITATION OR COURT RECORDS; OR
(3) ANY ALTERNATE METHOD APPROVED IN WRITING BY THE AUTHORITY AND THE
PERSON BEING SERVED.
(C) FOR PURPOSES OF THIS SECTION, DELIVERY SHALL BE DEEMED TO HAVE
BEEN MADE ON THE FOLLOWING DATE, AS APPLICABLE:
(1) ON THE DATE OF DELIVERY, IF DELIVERED IN PERSON; OR
(2) ON THE DATE OF CONFIRMED DELIVERY, IF DELIVERED BY MAIL.
(D) PROOF OF SERVICE OF THE NOTICE SHALL BE FILED WITH THE AUTHORITY.
(E) IF A PERSON CONTESTS A NOTICE OF PROHIBITION ORDER, THE AUTHORITY
SHALL PROCEED IN ACCORDANCE WITH SUBDIVISION SIX OF THIS SECTION. IF THE
NOTICE OF PROHIBITION ORDER IS NOT CONTESTED WITHIN TEN CALENDAR DAYS
FOLLOWING SERVICE OF THE NOTICE, THE PROHIBITION ORDER SHALL BE DEEMED
FINAL AND SHALL BE EFFECTIVE, WITHOUT FURTHER ACTION BY THE AUTHORITY
FOR THREE YEARS.
(F) PROHIBITION ORDERS SHALL BE SUBJECT TO AN AUTOMATIC STAY AND SHALL
NOT TAKE EFFECT UNTIL THE LATEST OF THE FOLLOWING:
(1) ELEVEN CALENDAR DAYS FOLLOWING SERVICE OF THE NOTICE OF THE
PROPOSED PROHIBITION ORDER IF THE ORDER IS NOT CONTESTED;
(2) ELEVEN CALENDAR DAYS FOLLOWING SERVICE OF THE RESULTS OF THE
REVIEW IF AN INITIAL REVIEW IS TIMELY REQUESTED AND THE PROPOSED PROHI-
BITION ORDER IS UPHELD ON REVIEW; OR
(3) THE DATE THE HEARING OFFICER'S DECISION IS SERVED ON THE PERSON IF
AN ADMINISTRATIVE HEARING IS TIMELY REQUESTED AND THE HEARING OFFICER
UPHELD THE ORDER.
5. (A) FOR A PERIOD OF TEN DAYS FROM THE SERVICE OF THE PROPOSED
PROHIBITION ORDER, THE PERSON MAY REQUEST AN INITIAL REVIEW OF THE
PROHIBITION ORDER BY THE AUTHORITY. THE REQUEST MAY BE MADE BY TELE-
PHONE, IN WRITING, OR IN PERSON. THERE SHALL BE NO CHARGE FOR THIS
REVIEW. IN CONDUCTING ITS REVIEW AND REACHING A DETERMINATION, THE
AUTHORITY SHALL DETERMINE WHETHER THE PROHIBITION ORDER MEETS THE
REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION. IF, FOLLOWING THE
INITIAL REVIEW, BASED ON THESE FINDINGS, THE AUTHORITY DETERMINES THAT
THE PROPOSED PROHIBITION ORDER IS NOT ADEQUATELY SUPPORTED OR THAT
EXTENUATING CIRCUMSTANCES MAKE DISMISSAL OF THE PROHIBITION ORDER APPRO-
PRIATE IN THE INTEREST OF JUSTICE, THE AUTHORITY SHALL CANCEL THE
NOTICE. IF, FOLLOWING THE INITIAL REVIEW, BASED ON THESE FINDINGS, THE
AUTHORITY DETERMINES THAT THE PROHIBITION ORDER SHOULD BE UPHELD IN
WHOLE OR IN PART, THE AUTHORITY SHALL ISSUE A WRITTEN STATEMENT TO THAT
EFFECT, INCLUDING ANY MODIFICATION TO THE PERIOD OR SCOPE OF THE PROHI-
S. 7508 35 A. 9508
BITION ORDER. THE AUTHORITY SHALL SERVE THE RESULTS OF THE INITIAL
REVIEW TO THE PERSON CONTESTING THE NOTICE AS SET FORTH IN SUBDIVISION
FOUR OF THIS SECTION.
(B) THE AUTHORITY MAY IN ITS DISCRETION MODIFY OR CANCEL A PROHIBITION
ORDER IN THE INTEREST OF JUSTICE AT ANY TIME. IF THE PERSON DEPENDS UPON
THE AUTHORITY'S SUBWAYS, TRAINS, BUSES, OR OTHER CONVEYANCES OR FACILI-
TIES FOR TRIPS OF NECESSITY, INCLUDING, BUT NOT LIMITED TO, TRAVEL TO OR
FROM MEDICAL OR LEGAL APPOINTMENTS, SCHOOL OR TRAINING CLASSES, OR PLAC-
ES OF EMPLOYMENT; OBTAINING FOOD, CLOTHING, AND NECESSARY HOUSEHOLD
ITEMS; OR RENDERING CARE TO FAMILY MEMBERS, THE AUTHORITY MAY MODIFY A
PROHIBITION ORDER TO ALLOW FOR A TRIP OR TRIPS AS IN ITS DISCRETION ARE
NECESSARY. A PERSON REQUESTING THAT A PROHIBITION ORDER BE CANCELLED OR
MODIFIED IN THE INTEREST OF JUSTICE SHALL HAVE THE BURDEN OF ESTABLISH-
ING THE QUALIFYING CIRCUMSTANCES BY A PREPONDERANCE OF THE EVIDENCE.
(C) IF THE PERSON IS DISSATISFIED WITH THE RESULTS OF THE INITIAL
REVIEW, THE PERSON MAY REQUEST AN ADMINISTRATIVE HEARING OF THE PROHIBI-
TION ORDER NO LATER THAN TEN DAYS AFTER THE RESULTS OF THE INITIAL
REVIEW ARE SERVICED. THE REQUEST MAY BE MADE BY TELEPHONE, IN WRITING,
OR IN PERSON. AN ADMINISTRATIVE HEARING SHALL BE HELD WITHIN THIRTY DAYS
AFTER THE RECEIPT OF A REQUEST FOR AN ADMINISTRATIVE HEARING. THE PERSON
REQUESTING THE HEARING MAY REQUEST ONE CONTINUANCE, NOT TO EXCEED SEVEN
CALENDAR DAYS.
6. THE ADMINISTRATIVE HEARING PROCESS SHALL INCLUDE ALL OF THE FOLLOW-
ING:
(A) THE PERSON REQUESTING THE HEARING SHALL HAVE THE CHOICE OF A HEAR-
ING BY MAIL OR IN PERSON. AN IN-PERSON HEARING SHALL BE CONDUCTED BY THE
TRANSIT ADJUDICATION BUREAU ESTABLISHED BY SECTION TWELVE HUNDRED NINE-A
OF THIS ARTICLE.
(B) THE ADMINISTRATIVE HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH
WRITTEN PROCEDURES ESTABLISHED BY THE AUTHORITY. THE HEARING SHALL
PROVIDE AN INDEPENDENT, OBJECTIVE, FAIR, AND IMPARTIAL REVIEW OF THE
PROHIBITION ORDER.
(C) THE ADMINISTRATIVE REVIEW SHALL BE CONDUCTED BEFORE A HEARING
OFFICER. IN ADDITION TO ANY OTHER REQUIREMENTS, A HEARING OFFICER SHALL
DEMONSTRATE THE QUALIFICATIONS, TRAINING, AND OBJECTIVITY AS ARE NECES-
SARY TO FULFILL AND THAT ARE CONSISTENT WITH THE DUTIES AND RESPONSIBIL-
ITIES SET FORTH IN THIS SUBDIVISION.
(D) IN ISSUING A DECISION, THE HEARING OFFICER SHALL DETERMINE WHETHER
THE PROHIBITION ORDER MEETS THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
SECTION. BASED UPON THESE FINDINGS, THE HEARING OFFICER MAY UPHOLD THE
PROHIBITION ORDER IN WHOLE, DETERMINE THAT THE PROHIBITION ORDER IS NOT
ADEQUATELY SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE, OR CANCEL OR
MODIFY THE PROHIBITION ORDER IN THE INTEREST OF JUSTICE. IF THE PERSON
DEPENDS UPON THE AUTHORITY'S SUBWAYS, TRAINS, BUSES, OR OTHER CONVEYANC-
ES OR FACILITIES FOR TRIPS OF NECESSITY, INCLUDING, BUT NOT LIMITED TO,
TRAVEL TO OR FROM MEDICAL OR LEGAL APPOINTMENTS, SCHOOL OR TRAINING
CLASSES, OR PLACES OF EMPLOYMENT; OBTAINING FOOD, CLOTHING, AND NECES-
SARY HOUSEHOLD ITEMS; OR RENDERING CARE TO FAMILY MEMBERS, THE HEARING
OFFICER MAY IN THEIR DISCRETION MODIFY A PROHIBITION ORDER TO ALLOW FOR
SUCH TRIPS. A PERSON REQUESTING A CANCELLATION OR MODIFICATION IN THE
INTEREST OF JUSTICE SHALL HAVE THE BURDEN OF ESTABLISHING THE QUALIFYING
CIRCUMSTANCES BY A PREPONDERANCE OF THE EVIDENCE.
(E) THE HEARING OFFICER'S DECISION FOLLOWING THE ADMINISTRATIVE HEAR-
ING SHALL BE SERVED AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION.
(F) A PERSON AGGRIEVED BY THE FINAL DECISION OF THE HEARING OFFICER
MAY SEEK JUDICIAL REVIEW OF THE DECISION WITHIN NINETY DAYS OF SERVICE
S. 7508 36 A. 9508
OF THE DECISION PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE
LAW AND RULES.
7. A PERSON ISSUED A PROHIBITION ORDER MAY, WITHIN TEN DAYS OF THE
DATE THE ORDER BECOMES EFFECTIVE, REQUEST A REFUND FOR ANY PREPAID FARE
AMOUNTS RENDERED UNUSABLE IN WHOLE OR IN PART BY THE PROHIBITION ORDER
INCLUDING, BUT NOT LIMITED TO, MONTHLY PASSES.
8. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT THE
POWER OF ANY COURT TO ISSUE ADDITIONAL RESTRICTIONS ON A PERSON'S ABILI-
TY TO USE OR ENTER THE AUTHORITY'S FACILITIES OR CONVEYANCES, INCLUDING
BUT NOT LIMITED TO AS A CONDITION OF BAIL OR PROBATION OR CONDITIONAL
DISCHARGE OR AS A PART OF ANY CRIMINAL SENTENCE.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the metropolitan transporta-
tion authority may adopt any rules, regulations, policies or procedures
necessary to implement this act prior to the effective date of this act.
PART Q
Section 1. Paragraph (d) of section 304 of the business corporation
law is amended to read as follows:
(d) ANY DESIGNATED POST OFFICE ADDRESS MAINTAINED BY THE SECRETARY OF
STATE AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION FOR THE
PURPOSE OF MAILING PROCESS SHALL BE THE POST OFFICE ADDRESS, WITHIN OR
WITHOUT THE STATE, TO WHICH A PERSON SHALL MAIL PROCESS AGAINST SUCH
CORPORATION AS REQUIRED BY THIS ARTICLE. Any designated [post-office]
POST OFFICE address to which the secretary of state OR A PERSON shall
mail a copy of ANY process served upon [him] THE SECRETARY OF STATE as
agent of a domestic corporation or a foreign corporation, shall continue
until the filing of a certificate under this chapter directing the mail-
ing to a different [post-office] POST OFFICE address.
§ 2. Paragraph (a) of section 305 of the business corporation law, as
amended by chapter 131 of the laws of 1985, is amended to read as
follows:
(a) In addition to such designation of the secretary of state, every
domestic corporation or authorized foreign corporation may designate a
registered agent in this state upon whom process against such corpo-
ration may be served. The agent shall be a natural person who is a resi-
dent of or has a business address in this state [or], a domestic corpo-
ration or foreign corporation of any type or kind formed, or authorized
to do business in this state[,] under this chapter or under any other
statute of this state, OR A DOMESTIC LIMITED LIABILITY COMPANY OR
FOREIGN LIMITED LIABILITY COMPANY FORMED OR AUTHORIZED TO DO BUSINESS IN
THIS STATE.
§ 3. Subparagraph 1 of paragraph (b) of section 306 of the business
corporation law, as amended by chapter 419 of the laws of 1990, is
amended to read as follows:
(1) Service of process on the secretary of state as agent of a domes-
tic or authorized foreign corporation, OR OTHER BUSINESS ENTITY THAT HAS
DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROCESS PURSU-
ANT TO ARTICLE NINE OF THIS CHAPTER, shall be made by [personally deliv-
ering to and leaving with the secretary of state or a deputy, or with
any person authorized by the secretary of state to receive such service,
at the office of the department of state in the city of Albany, dupli-
cate copies of such process together with the statutory fee, which fee
shall be a taxable disbursement] MAILING THE PROCESS AND NOTICE OF
SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH
S. 7508 37 A. 9508
CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS ON FILE
IN THE DEPARTMENT OF STATE SPECIFIED FOR THIS PURPOSE. IF A DOMESTIC OR
AUTHORIZED FOREIGN CORPORATION HAS NO SUCH ADDRESS ON FILE IN THE
DEPARTMENT OF STATE, THE PROCESS AND NOTICE OF SERVICE THEREOF SHALL BE
MAILED, IN THE CASE OF A DOMESTIC CORPORATION, IN CARE OF ANY DIRECTOR
NAMED IN ITS CERTIFICATE OF INCORPORATION AT THE DIRECTOR'S ADDRESS
STATED THEREIN OR, IN THE CASE OF AN AUTHORIZED FOREIGN CORPORATION, TO
SUCH CORPORATION AT THE ADDRESS OF ITS OFFICE WITHIN THIS STATE ON FILE
IN THE DEPARTMENT. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLI-
CATE COPY OF SUCH PROCESS AND PROOF OF MAILING TOGETHER WITH THE STATU-
TORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, SHALL BE PERSONALLY
DELIVERED TO AND LEFT WITH THE SECRETARY OF STATE OR A DEPUTY, OR WITH
ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE,
AT THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF ALBANY. PROOF OF
MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service
of process on such corporation OR OTHER BUSINESS ENTITY shall be
complete when the secretary of state is so served. [The secretary of
state shall promptly send one of such copies by certified mail, return
receipt requested, to such corporation, at the post office address, on
file in the department of state, specified for the purpose. If a domes-
tic or authorized foreign corporation has no such address on file in the
department of state, the secretary of state shall so mail such copy, in
the case of a domestic corporation, in care of any director named in its
certificate of incorporation at the director's address stated therein
or, in the case of an authorized foreign corporation, to such corpo-
ration at the address of its office within this state on file in the
department.]
§ 4. Subparagraphs 2 and 3 of paragraph (a) of section 306-A of the
business corporation law, as added by chapter 469 of the laws of 1997,
are amended to read as follows:
(2) That the address of the party has been designated by the corpo-
ration as the post office address to which [the secretary of state] A
PERSON shall mail a copy of any process served on the secretary of state
as agent for such corporation, SPECIFYING SUCH ADDRESS, and that such
party wishes to resign.
(3) That AT LEAST sixty days prior to the filing of the certificate of
resignation FOR RECEIPT OF PROCESS with the department of state the
party has sent a copy of the certificate of resignation for receipt of
process by registered or certified mail to the address of the registered
agent of the designating corporation, if other than the party filing the
certificate of resignation[,] for receipt of process, or if the [resign-
ing] DESIGNATING corporation has no registered agent, then to the last
address of the designating corporation known to the party, specifying
the address to which the copy was sent. If there is no registered agent
and no known address of the designating corporation, the party shall
attach an affidavit to the certificate stating that a diligent but
unsuccessful search was made by the party to locate the corporation,
specifying what efforts were made.
§ 5. Subparagraph 7 of paragraph (a) of section 402 of the business
corporation law is amended to read as follows:
(7) A designation of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
S. 7508 38 A. 9508
§ 6. Subparagraph (c) of paragraph 1 of section 408 of the business
corporation law, as amended by section 3 of part S of chapter 59 of the
laws of 2015, is amended to read as follows:
(c) The post office address, within or without this state, to which
[the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him or her] THE SECRETARY OF STATE. Such
address shall supersede any previous address on file with the department
of state for this purpose.
§ 7. Subparagraph 4 of paragraph (b) of section 801 of the business
corporation law is amended to read as follows:
(4) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against the
corporation served upon [him] THE SECRETARY OF STATE.
§ 8. Subparagraph 2 of paragraph (b) of section 803 of the business
corporation law, as amended by chapter 803 of the laws of 1965, is
amended to read as follows:
(2) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against the
corporation served upon [him] THE SECRETARY OF STATE.
§ 9. Paragraph (b) of section 805-A of the business corporation law,
as added by chapter 725 of the laws of 1964, is amended to read as
follows:
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against a corporation served upon [him or] THE SECRETARY OF
STATE AND/OR the address of the registered agent, provided such address
being changed is the address of a person, partnership, LIMITED LIABILITY
COMPANY or other corporation whose address, as agent, is the address to
be changed or who has been designated as registered agent for such
corporation, may be signed[, verified] and delivered to the department
of state by such agent. The certificate of change shall set forth the
statements required under subparagraphs [(a)] (1), (2) and (3) OF PARA-
GRAPH (A) of this section; that a notice of the proposed change was
mailed to the corporation by the party signing the certificate not less
than thirty days prior to the date of delivery to the department and
that such corporation has not objected thereto; and that the party sign-
ing the certificate is the agent of such corporation to whose address
[the secretary of state] A PERSON is required to mail copies of process
SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the
case. A certificate signed[, verified] and delivered under this para-
graph shall not be deemed to effect a change of location of the office
of the corporation in whose behalf such certificate is filed.
§ 10. Subparagraph 8 of paragraph (a) of section 904-a of the business
corporation law, as amended by chapter 177 of the laws of 2008, is
amended to read as follows:
(8) If the surviving or resulting entity is a foreign corporation or
other business entity, a designation of the secretary of state as its
agent upon whom process against it may be served in the manner set forth
in paragraph (b) of section three hundred six of this chapter, in any
action or special proceeding, and a post office address, within or with-
out this state, to which [the secretary of state] A PERSON shall mail a
copy of any process against it served upon [him] THE SECRETARY OF STATE.
Such post office address shall supersede any prior address designated as
the address to which process shall be mailed;
S. 7508 39 A. 9508
§ 11. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of
the business corporation law, as amended by chapter 494 of the laws of
1997, is amended to read as follows:
(G) A designation of the secretary of state as its agent upon whom
process against it may be served in the manner set forth in paragraph
(b) of section 306 (Service of process), in any action or special
proceeding, and a post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE. Such post office
address shall supersede any prior address designated as the address to
which process shall be mailed.
§ 12. Subparagraph 6 of paragraph (a) of section 1304 of the business
corporation law, as amended by chapter 684 of the laws of 1963 and as
renumbered by chapter 590 of the laws of 1982, is amended to read as
follows:
(6) A designation of the secretary of state as its agent upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
§ 13. Subparagraph 7 of paragraph (a) of section 1308 of the business
corporation law, as amended by chapter 725 of the laws of 1964 and as
renumbered by chapter 186 of the laws of 1983, is amended to read as
follows:
(7) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
§ 14. Subparagraph 2 of paragraph (a) and paragraph (c) of section
1309-A of the business corporation law, subparagraph 2 of paragraph (a)
as added by chapter 725 of the laws of 1964 and paragraph (c) as amended
by chapter 172 of the laws of 1999, are amended to read as follows:
(2) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
(c) A certificate of change of application for authority which changes
only the post office address to which [the secretary of state] A PERSON
shall mail a copy of any process against an authorized foreign corpo-
ration served upon [him or which] THE SECRETARY OF STATE AND/OR changes
the address of its registered agent, provided such address is the
address of a person, partnership, LIMITED LIABILITY COMPANY or other
corporation whose address, as agent, is the address to be changed or who
has been designated as registered agent for such authorized foreign
corporation, may be signed and delivered to the department of state by
such agent. The certificate of change of application for authority shall
set forth the statements required under subparagraphs (1), (2), (3) and
(4) of paragraph (b) of this section; that a notice of the proposed
change was mailed by the party signing the certificate to the authorized
foreign corporation not less than thirty days prior to the date of
delivery to the department and that such corporation has not objected
thereto; and that the party signing the certificate is the agent of such
foreign corporation to whose address [the secretary of state] A PERSON
is required to mail copies of process SERVED ON THE SECRETARY OF STATE
or the registered agent, if such be the case. A certificate signed and
delivered under this paragraph shall not be deemed to effect a change of
location of the office of the corporation in whose behalf such certif-
icate is filed.
S. 7508 40 A. 9508
§ 15. Subparagraphs 1 and 6 of paragraph (a) of section 1310 of the
business corporation law, subparagraph 1 as amended by chapter 590 of
the laws of 1982, are amended to read as follows:
(1) The name of the foreign corporation as it appears on the index of
names of existing domestic and authorized foreign corporations of any
type or kind in the department of state, division of corporations [or,]
AND the fictitious name, IF ANY, the corporation has agreed to use in
this state pursuant to paragraph (d) of section 1301 of this [chapter]
ARTICLE.
(6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
§ 16. Subparagraph 4 of paragraph (d) of section 1310 of the business
corporation law is amended to read as follows:
(4) The changed post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.
§ 17. Section 1311 of the business corporation law, as amended by
chapter 375 of the laws of 1998, is amended to read as follows:
§ 1311. Termination of existence.
When an authorized foreign corporation is dissolved or its authority
or existence is otherwise terminated or cancelled in the jurisdiction of
its incorporation or when such foreign corporation is merged into or
consolidated with another foreign corporation, a certificate of the
secretary of state, or official performing the equivalent function as to
corporate records, of the jurisdiction of incorporation of such foreign
corporation attesting to the occurrence of any such event or a certified
copy of an order or decree of a court of such jurisdiction directing the
dissolution of such foreign corporation, the termination of its exist-
ence or the cancellation of its authority shall be delivered to the
department of state. The filing of the certificate, order or decree
shall have the same effect as the filing of a certificate of surrender
of authority under section 1310 (Surrender of authority). The secretary
of state shall continue as agent of the foreign corporation upon whom
process against it may be served in the manner set forth in paragraph
(b) of section 306 (Service of process), in any action or special
proceeding based upon any liability or obligation incurred by the
foreign corporation within this state prior to the filing of such
certificate, order or decree and [he] THE PERSON SERVING SUCH PROCESS
shall [promptly cause a copy of any such] SEND THE process [to be
mailed] by [registered] CERTIFIED mail, return receipt requested, to
such foreign corporation at the post office address on file in [his] THE
office OF THE SECRETARY OF STATE specified for such purpose AND SHALL
PROVIDE THE SECRETARY OF STATE WITH PROOF OF SUCH MAILING IN THE MANNER
SET FORTH IN PARAGRAPH (B) OF SECTION 306 (SERVICE OF PROCESS). The
post office address may be changed by signing and delivering to the
department of state a certificate of change setting forth the statements
required under section 1309-A (Certificate of change; contents) to
effect a change in the post office address under subparagraph SEVEN OF
PARAGRAPH (a) [(4)] of section 1308 (Amendments or changes).
§ 18. Subparagraph 6 of paragraph (a) of section 1530 of the business
corporation law, as added by chapter 505 of the laws of 1983, is amended
to read as follows:
(6) A designation of the secretary of state as its agent upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
S. 7508 41 A. 9508
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
§ 19. Subdivision 10 of section 11 of the cooperative corporations
law, as added by chapter 97 of the laws of 1969, is amended to read as
follows:
10. A designation of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
§ 20. Subdivision 10 of section 96 of the executive law, as amended by
chapter 39 of the laws of 1987, is amended to read as follows:
10. For service of process on the secretary of state, acting as agent
for a third party pursuant to law, except as otherwise specifically
provided by law, forty dollars. No fee shall be collected for process
served on behalf of [a] ANY STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY,
AUTHORITY, county, city, town or village or other political subdivision
of the state. The fees paid the secretary of state shall be a taxable
disbursement.
§ 21. The opening paragraph of subdivision 2 and subdivision 3 of
section 18 of the general associations law, as amended by chapter 13 of
the laws of 1938, are amended and two new subdivisions 5 and 6 are added
to read as follows:
Every association doing business within this state shall file in the
department of state a certificate in its associate name, signed [and
acknowledged] by its president, or a vice-president, or secretary, or
treasurer, or managing director, or trustee, designating the secretary
of state as an agent upon whom process in any action or proceeding
against the association may be served within this state, and setting
forth an address to which [the secretary of state] A PERSON shall mail a
copy of any process against the association which may be served upon
[him] THE SECRETARY OF STATE pursuant to law. Annexed to the certif-
icate of designation shall be a statement, executed in the same manner
as the certificate is required to be executed under this section, which
shall set forth:
3. Any association, from time to time, may change the address to
which [the secretary of state] A PERSON is directed to mail copies of
process SERVED ON THE SECRETARY OF STATE, by filing a statement to that
effect, executed[,] AND signed [and acknowledged] in like manner as a
certificate of designation as herein provided.
5. ANY DESIGNATED POST OFFICE ADDRESS MAINTAINED BY THE SECRETARY OF
STATE AS AGENT IN ANY ACTION OR PROCEEDING AGAINST THE ASSOCIATION FOR
THE PURPOSE OF MAILING PROCESS SHALL BE THE POST OFFICE ADDRESS, WITHIN
OR WITHOUT THE STATE, TO WHICH A PERSON SHALL MAIL PROCESS AGAINST SUCH
ASSOCIATION AS REQUIRED BY THIS ARTICLE. SUCH ADDRESS SHALL CONTINUE
UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAIL-
ING TO A DIFFERENT POST OFFICE ADDRESS.
6. "PROCESS" MEANS JUDICIAL PROCESS AND ALL ORDERS, DEMANDS, NOTICES
OR OTHER PAPERS REQUIRED OR PERMITTED BY LAW TO BE PERSONALLY SERVED ON
AN ASSOCIATION, FOR THE PURPOSE OF ACQUIRING JURISDICTION OF SUCH ASSO-
CIATION IN ANY ACTION OR PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDI-
CIAL, ADMINISTRATIVE, ARBITRATIVE OR OTHERWISE, IN THIS STATE OR IN THE
FEDERAL COURTS SITTING IN OR FOR THIS STATE.
§ 22. Section 19 of the general associations law, as amended by chap-
ter 166 of the laws of 1991, is amended to read as follows:
S. 7508 42 A. 9508
§ 19. Service of process. 1. Service of process against an associ-
ation upon the secretary of state shall be made by MAILING THE PROCESS
AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, TO SUCH CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST
OFFICE ADDRESS ON FILE IN THE DEPARTMENT OF STATE SPECIFIED FOR THIS
PURPOSE. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY
OF SUCH PROCESS AND PROOF OF MAILING SHALL BE personally [delivering]
DELIVERED to and [leaving] LEFT with [him] THE SECRETARY OF STATE or a
deputy [secretary of state or an associate attorney, senior attorney or
attorney in the corporation division of the department of state, dupli-
cate copies of such process at the office of the department of state in
the city of Albany] SO DESIGNATED. At the time of such service the
plaintiff shall pay a fee of forty dollars to the secretary of state,
which shall be a taxable disbursement. [If the cost of registered mail
for transmitting a copy of the process shall exceed two dollars, an
additional fee equal to such excess shall be paid at the time of the
service of such process. The secretary of state shall forthwith send by
registered mail one of such copies to the association at the address
fixed for that purpose, as herein provided.]
2. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
SECTION. SERVICE OF PROCESS ON SUCH ASSOCIATION SHALL BE COMPLETE WHEN
THE SECRETARY OF STATE IS SO SERVED. If the action or proceeding is
instituted in a court of limited jurisdiction, service of process may be
made in the manner provided in this section if the cause of action arose
within the territorial jurisdiction of the court and the office of the
defendant, as set forth in its statement filed pursuant to section eigh-
teen of this [chapter] ARTICLE, is within such territorial jurisdiction.
§ 23. Subdivision 2 of section 352-b of the general business law, as
amended by chapter 252 of the laws of 1983, is amended to read as
follows:
2. Service of such process upon the secretary of state shall be made
by personally delivering to and leaving with [him or] THE SECRETARY OF
STATE, a deputy secretary of state, OR WITH A PERSON AUTHORIZED BY THE
SECRETARY OF STATE TO RECEIVE SUCH SERVICE, a copy thereof at the office
of the department of state in the city of Albany, and such service shall
be sufficient service provided that notice of such service and a copy of
such process are forthwith sent by the attorney general to such person,
partnership, corporation, company, trust or association, by registered
or certified mail with return receipt requested, at [his or its] THE
office as set forth in the "broker-dealer's statement", "salesman's
statement" or "investment advisor's statement" filed in the department
of law pursuant to section three hundred fifty-nine-e or section three
hundred fifty-nine-eee of this article, or in default of the filing of
such statement, at the last address known to the attorney general.
Service of such process shall be complete on receipt by the attorney
general of a return receipt purporting to be signed by the addressee or
a person qualified to receive [his or its] registered or certified mail,
in accordance with the rules and customs of the post office department,
or, if acceptance was refused by the addressee or [his or its] THEIR
agent, on return to the attorney general of the original envelope bear-
ing a notation by the postal authorities that receipt thereof was
refused.
§ 24. Section 686 of the general business law, as added by chapter 730
of the laws of 1980, is amended to read as follows:
§ 686. Designation of secretary of state as agent for service of proc-
ess; service of process. Any person who shall offer to sell or sell a
S. 7508 43 A. 9508
franchise in this state as a franchisor, subfranchisor or franchise
sales agent shall be deemed to have irrevocably appointed the secretary
of state as his or [its] HER agent upon whom may be served any summons,
complaint, subpoena, subpoena duces tecum, notice, order or other proc-
ess directed to such person, or any partner, principal, officer, sales-
man or director thereof, or his or [its] HER successor, administrator or
executor, in any action, investigation, or proceeding which arises under
this article or a rule hereunder, with the same force and validity as if
served personally on such person. Service of such process upon the
secretary of state shall be made by personally delivering to and leaving
with [him or] THE SECRETARY OF STATE, a deputy secretary of state, OR
WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH
SERVICE, a copy thereof at the office of the department of state, and
such service shall be sufficient provided that notice of such service
and a copy of such process are sent forthwith by the department to such
person, by registered or certified mail with return receipt requested,
at [his] THE address [as] set forth in the application for registration
of his OR HER offering prospectus or in the registered offering prospec-
tus itself filed with the department of law pursuant to this article, or
in default of the filing of such application or prospectus, at the last
address known to the department. Service of such process shall be
complete upon receipt by the department of a return receipt purporting
to be signed by the addressee or a person qualified to receive [his or
its] registered or certified mail, in accordance with the rules and
customs of the post office department, or, if acceptance was refused or
unclaimed by the addressee or his or [its] HER agent, or if the address-
ee moved without leaving a forwarding address, upon return to the
department of the original envelope bearing a notation by the postal
authorities that receipt thereof was refused or that such mail was
otherwise undeliverable.
§ 25. Paragraph 4 of subdivision (e) of section 203 of the limited
liability company law, as added by chapter 470 of the laws of 1997, is
amended to read as follows:
(4) a designation of the secretary of state as agent of the limited
liability company upon whom process against it may be served and the
post office address, within or without this state, to which [the secre-
tary of state] A PERSON shall mail a copy of any process against the
limited liability company served upon [him or her] THE SECRETARY OF
STATE;
§ 26. Paragraph 4 of subdivision (a) of section 206 of the limited
liability company law, as amended by chapter 44 of the laws of 2006, is
amended to read as follows:
(4) a statement that the secretary of state has been designated as
agent of the limited liability company upon whom process against it may
be served and the post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him or her] THE SECRETARY OF STATE;
§ 27. Paragraph 6 of subdivision (d) of section 211 of the limited
liability company law is amended to read as follows:
(6) a change in the post office address to which [the secretary of
state] A PERSON shall mail a copy of any process against the limited
liability company served upon [him or her] THE SECRETARY OF STATE if
such change is made other than pursuant to section three hundred one of
this chapter;
§ 28. Section 211-A of the limited liability company law, as added by
chapter 448 of the laws of 1998, is amended to read as follows:
S. 7508 44 A. 9508
§ 211-A. Certificate of change. (a) A limited liability company may
amend its articles of organization from time to time to (i) specify or
change the location of the limited liability company's office; (ii)
specify or change the post office address to which [the secretary of
state] A PERSON shall mail a copy of any process against the limited
liability company served upon [him] THE SECRETARY OF STATE; and (iii)
make, revoke or change the designation of a registered agent, or specify
or change the address of the registered agent. Any one or more such
changes may be accomplished by filing a certificate of change which
shall be entitled "Certificate of Change of ....... (name of limited
liability company) under section 211-A of the Limited Liability Company
Law" and shall be signed and delivered to the department of state. It
shall set forth:
(1) the name of the limited liability company, and if it has been
changed, the name under which it was formed;
(2) the date the articles of organization were filed by the department
of state; and
(3) each change effected thereby.
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against a limited liability company served upon [him or] THE
SECRETARY OF STATE AND/OR the address of the registered agent, provided
such address being changed is the address of a person, partnership,
LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the
address to be changed or who has been designated as registered agent for
such limited liability company may be signed and delivered to the
department of state by such agent. The certificate of change shall set
forth the statements required under subdivision (a) of this section;
that a notice of the proposed change was mailed to the domestic limited
liability company by the party signing the certificate not less than
thirty days prior to the date of delivery to the department of state and
that such domestic limited liability company has not objected thereto;
and that the party signing the certificate is the agent of such limited
liability company to whose address [the secretary of state] A PERSON is
required to mail copies of process SERVED ON THE SECRETARY OF STATE or
the registered agent, if such be the case. A certificate signed and
delivered under this subdivision shall not be deemed to effect a change
of location of the office of the limited liability company in whose
behalf such certificate is filed.
§ 29. Paragraph 2 of subdivision (b) of section 213 of the limited
liability company law is amended to read as follows:
(2) to change the post office address to which [the secretary of
state] A PERSON shall mail a copy of any process against the limited
liability company served upon [him or her] THE SECRETARY OF STATE; and
§ 30. Subdivisions (c) and (e) of section 301 of the limited liability
company law, subdivision (e) as amended by section 5 of part S of chap-
ter 59 of the laws of 2015, are amended to read as follows:
(c) ANY DESIGNATED POST OFFICE ADDRESS MAINTAINED BY THE SECRETARY OF
STATE AS AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMIT-
ED LIABILITY COMPANY FOR THE PURPOSE OF MAILING PROCESS SHALL BE THE
POST OFFICE ADDRESS, WITHIN OR WITHOUT THE STATE, TO WHICH A PERSON
SHALL MAIL PROCESS AGAINST SUCH LIMITED LIABILITY COMPANY AS REQUIRED BY
THIS ARTICLE. Any designated post office address to which [the secretary
of state] A PERSON shall mail a copy of process served upon [him or her]
THE SECRETARY OF STATE as agent of a domestic limited liability company
or a foreign limited liability company shall continue until the filing
S. 7508 45 A. 9508
of a certificate under this chapter directing the mailing to a different
post office address.
[(e)] (D) (1) Except as otherwise provided in this subdivision, every
limited liability company to which this chapter applies, shall biennial-
ly in the calendar month during which its articles of organization or
application for authority were filed, or effective date thereof if stat-
ed, file on forms prescribed by the secretary of state, a statement
setting forth the post office address within or without this state to
which [the secretary of state] A PERSON shall mail a copy of any process
accepted against it served upon [him or her] THE SECRETARY OF STATE.
Such address shall supersede any previous address on file with the
department of state for this purpose.
(2) The commissioner of taxation and finance and the secretary of
state may agree to allow limited liability companies to include the
statement specified in paragraph one of this subdivision on tax reports
filed with the department of taxation and finance in lieu of biennial
statements and in a manner prescribed by the commissioner of taxation
and finance. If this agreement is made, starting with taxable years
beginning on or after January first, two thousand sixteen, each limited
liability company required to file the statement specified in paragraph
one of this subdivision that is subject to the filing fee imposed by
paragraph three of subsection (c) of section six hundred fifty-eight of
the tax law shall provide such statement annually on its filing fee
payment form filed with the department of taxation and finance in lieu
of filing a statement under this section with the department of state.
However, each limited liability company required to file a statement
under this section must continue to file the biennial statement required
by this section with the department of state until the limited liability
company in fact has filed a filing fee payment form with the department
of taxation and finance that includes all required information. After
that time, the limited liability company shall continue to provide annu-
ally the statement specified in paragraph one of this subdivision on its
filing fee payment form in lieu of the biennial statement required by
this subdivision.
(3) If the agreement described in paragraph two of this subdivision is
made, the department of taxation and finance shall deliver to the
department of state the statement specified in paragraph one of this
subdivision contained on filing fee payment forms. The department of
taxation and finance must, to the extent feasible, also include the
current name of the limited liability company, department of state iden-
tification number for such limited liability company, the name, signa-
ture and capacity of the signer of the statement, name and street
address of the filer of the statement, and the email address, if any, of
the filer of the statement.
§ 31. Paragraphs 2 and 3 of subdivision (a), subparagraph (ii) of
paragraph 2 and subparagraph (ii) of paragraph 3 of subdivision (e) of
section 301-A of the limited liability company law, as added by chapter
448 of the laws of 1998, are amended to read as follows:
(2) that the address of the party has been designated by the limited
liability company as the post office address to which [the secretary of
state] A PERSON shall mail a copy of any process served on the secretary
of state as agent for such limited liability company, SUCH ADDRESS and
that such party wishes to resign.
(3) that AT LEAST sixty days prior to the filing of the certificate
of resignation FOR RECEIPT OF PROCESS with the department of state the
party has sent a copy of the certificate of resignation for receipt of
S. 7508 46 A. 9508
process by registered or certified mail to the address of the registered
agent of the designated limited liability company, if other than the
party filing the certificate of resignation[,] for receipt of process,
or if the [resigning] DESIGNATING limited liability company has no
registered agent, then to the last address of the designated limited
liability company known to the party, specifying the address to which
the copy was sent. If there is no registered agent and no known address
of the designating limited liability company, the party shall attach an
affidavit to the certificate stating that a diligent but unsuccessful
search was made by the party to locate the limited liability company,
specifying what efforts were made.
(ii) sent by or on behalf of the plaintiff to such limited LIABILITY
company by registered or certified mail with return receipt requested to
the last address of such limited liability company known to the plain-
tiff.
(ii) Where service of a copy of process was effected by mailing in
accordance with this section, proof of service shall be by affidavit of
compliance with this section filed, together with the process, within
thirty days after receipt of the return receipt signed by the limited
liability company or other official proof of delivery or of the original
envelope mailed. If a copy of the process is mailed in accordance with
this section, there shall be filed with the affidavit of compliance
either the return receipt signed by such limited LIABILITY company or
other official proof of delivery, if acceptance was refused by it, the
original envelope with a notation by the postal authorities that accept-
ance was refused. If acceptance was refused a copy of the notice and
process together with notice of the mailing by registered or certified
mail and refusal to accept shall be promptly sent to such limited
liability company at the same address by ordinary mail and the affidavit
of compliance shall so state. Service of process shall be complete ten
days after such papers are filed with the clerk of the court. The
refusal to accept delivery of the registered or certified mail or to
sign the return receipt shall not affect the validity of the service and
such limited liability company refusing to accept such registered or
certified mail shall be charged with knowledge of the contents thereof.
§ 32. Subdivision (a) of section 303 of the limited liability company
law, as relettered by chapter 341 of the laws of 1999, is amended to
read as follows:
(a) Service of process on the secretary of state as agent of a domes-
tic limited liability company [or], authorized foreign limited liability
company, OR OTHER BUSINESS ENTITY THAT HAS DESIGNATED THE SECRETARY OF
STATE AS AGENT FOR SERVICE OF PROCESS PURSUANT TO ARTICLE TEN OF THIS
CHAPTER, SHALL BE MADE BY MAILING THE PROCESS AND NOTICE OF SERVICE
THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH LIMITED
LIABILITY COMPANY OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS
ON FILE IN THE DEPARTMENT OF STATE SPECIFIED FOR THIS PURPOSE. ON THE
SAME DAY AS SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND
PROOF OF MAILING shall be [made by] personally [delivering] DELIVERED to
and [leaving] LEFT with the secretary of state or his or her deputy, or
with any person authorized by the secretary of state to receive such
service, at the office of the department of state in the city of Albany,
[duplicate copies of such process] together with the statutory fee,
which fee shall be a taxable disbursement. PROOF OF MAILING SHALL BE BY
AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of process on such
limited liability company OR OTHER BUSINESS ENTITY shall be complete
when the secretary of state is so served. [The secretary of state shall
S. 7508 47 A. 9508
promptly send one of such copies by certified mail, return receipt
requested, to such limited liability company at the post office address
on file in the department of state specified for that purpose.]
§ 33. Section 305 of the limited liability company law is amended to
read as follows:
§ 305. Records of process served on the secretary of state. The
[secretary of state] DEPARTMENT OF STATE shall keep a record of each
process served upon the secretary of state under this chapter, including
the date of such service [and the action of the secretary of state with
reference thereto]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH
SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT
OF THE PROCESS BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH
SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE
SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE DEPART-
MENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE.
§ 34. Paragraph 4 of subdivision (a) of section 802 of the limited
liability company law, as amended by chapter 470 of the laws of 1997, is
amended to read as follows:
(4) a designation of the secretary of state as its agent upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him or her] THE
SECRETARY OF STATE;
§ 35. Section 804-A of the limited liability company law, as added by
chapter 448 of the laws of 1998, is amended to read as follows:
§ 804-A. Certificate of change. (a) A foreign limited liability compa-
ny may amend its application for authority from time to time to (i)
specify or change the location of the limited liability company's
office; (ii) specify or change the post office address to which [the
secretary of state] A PERSON shall mail a copy of any process against
the limited liability company served upon [him] THE SECRETARY OF STATE;
and (iii) to make, revoke or change the designation of a registered
agent, or to specify or change the address of a registered agent. Any
one or more such changes may be accomplished by filing a certificate of
change which shall be entitled "Certificate of Change of ........ (name
of limited liability company) under section 804-A of the Limited Liabil-
ity Company Law" and shall be signed and delivered to the department of
state. It shall set forth:
(1) the name of the foreign limited liability company and, if applica-
ble, the fictitious name the limited liability company has agreed to use
in this state pursuant to section eight hundred two of this article;
(2) the date its application for authority was filed by the department
of state; and
(3) each change effected thereby[,].
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against a foreign limited liability company served upon [him or]
THE SECRETARY OF STATE AND/OR the address of the registered agent,
provided such address being changed is the address of a person, partner-
ship [or], corporation OR OTHER LIMITED LIABILITY COMPANY whose address,
as agent, is the address to be changed or who has been designated as
registered agent for such limited liability company may be signed and
delivered to the department of state by such agent. The certificate of
change shall set forth the statements required under subdivision (a) of
this section; that a notice of the proposed change was mailed to the
foreign limited liability company by the party signing the certificate
S. 7508 48 A. 9508
not less than thirty days prior to the date of delivery to the depart-
ment of state and that such foreign limited liability company has not
objected thereto; and that the party signing the certificate is the
agent of such foreign limited liability company to whose address [the
secretary of state] A PERSON is required to mail copies of process
SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the
case. A certificate signed and delivered under this subdivision shall
not be deemed to effect a change of location of the office of the
foreign limited liability company in whose behalf such certificate is
filed.
§ 36. Paragraph 6 of subdivision (b) of section 806 of the limited
liability company law is amended to read as follows:
(6) a post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him or her] THE SECRETARY OF STATE.
§ 37. Paragraph 11 of subdivision (a) of section 1003 of the limited
liability company law, as amended by chapter 374 of the laws of 1998, is
amended to read as follows:
(11) a designation of the secretary of state as its agent upon whom
process against it may be served in the manner set forth in article
three of this chapter in any action or special proceeding, and a post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process served upon [him or
her] THE SECRETARY OF STATE. Such post office address shall supersede
any prior address designated as the address to which process shall be
mailed;
§ 38. Clause (iv) of subparagraph (A) of paragraph 2 of subdivision
(c) of section 1203 of the limited liability company law, as amended by
chapter 44 of the laws of 2006, is amended to read as follows:
(iv) a statement that the secretary of state has been designated as
agent of the professional service limited liability company upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him or her] THE
SECRETARY OF STATE;
§ 39. Paragraph 6 of subdivision (a) and subparagraph 5 of paragraph
(i) of subdivision (d) of section 1306 of the limited liability company
law, subparagraph 5 of paragraph (i) of subdivision (d) as amended by
chapter 44 of the laws of 2006, are amended to read as follows:
(6) a designation of the secretary of state as its agent upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him or her] THE
SECRETARY OF STATE; and
(5) a statement that the secretary of state has been designated as
agent of the foreign professional service limited liability company upon
whom process against it may be served and the post office address, with-
in or without this state, to which [the secretary of state] A PERSON
shall mail a copy of any process against it served upon [him or her] THE
SECRETARY OF STATE;
§ 40. Paragraph (d) of section 304 of the not-for-profit corporation
law, as amended by chapter 358 of the laws of 2015, is amended to read
as follows:
(d) ANY DESIGNATED POST OFFICE ADDRESS MAINTAINED BY THE SECRETARY OF
STATE AS AGENT OF A DOMESTIC NOT-FOR-PROFIT CORPORATION OR FOREIGN NOT-
FOR-PROFIT CORPORATION FOR THE PURPOSE OF MAILING PROCESS SHALL BE THE
S. 7508 49 A. 9508
POST OFFICE ADDRESS, WITHIN OR WITHOUT THE STATE, TO WHICH A PERSON
SHALL MAIL PROCESS AGAINST SUCH CORPORATION AS REQUIRED BY THIS ARTICLE.
Any designated [post-office] POST OFFICE address to which the secretary
of state OR A PERSON shall mail a copy of process served upon [him or
her] THE SECRETARY OF STATE as agent of a domestic corporation formed
under article four of this chapter or foreign corporation, shall contin-
ue until the filing of a certificate under this chapter directing the
mailing to a different [post-office] POST OFFICE address.
§ 41. Paragraph (a) of section 305 of the not-for-profit corporation
law, as amended by chapter 549 of the laws of 2013, is amended to read
as follows:
(a) Every domestic corporation or authorized foreign corporation may
designate a registered agent in this state upon whom process against
such corporation may be served. The agent shall be a natural person who
is a resident of or has a business address in this state or a domestic
corporation or foreign corporation of any kind formed[,] or authorized
to do business in this state[,] under this chapter or under any other
statute of this state, OR A DOMESTIC LIMITED LIABILITY COMPANY OR A
FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN THIS
STATE.
§ 42. Paragraph (b) of section 306 of the not-for-profit corporation
law, as amended by chapter 23 of the laws of 2014, is amended to read as
follows:
(b) Service of process on the secretary of state as agent of a domes-
tic corporation formed under article four of this chapter or an author-
ized foreign corporation shall be made by MAILING THE PROCESS AND NOTICE
OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH
CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS ON FILE
IN THE DEPARTMENT OF STATE SPECIFIED FOR THIS PURPOSE. ON THE SAME DAY
THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF
OF MAILING SHALL BE personally [delivering] DELIVERED to and [leaving]
LEFT with the secretary of state or his or her deputy, or with any
person authorized by the secretary of state to receive such service, at
the office of the department of state in the city of Albany, [duplicate
copies of such process] together with the statutory fee, which fee shall
be a taxable disbursement. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF
COMPLIANCE WITH THIS SECTION. Service of process on such corporation OR
OTHER BUSINESS ENTITY shall be complete when the secretary of state is
so served. [The secretary of state shall promptly send one of such
copies by certified mail, return receipt requested, to such corporation,
at the post office address, on file in the department of state, speci-
fied for the purpose.] If a domestic corporation formed under article
four of this chapter or an authorized foreign corporation has no such
address on file in the department of state, the [secretary of state
shall so mail such] DUPLICATE copy OF THE PROCESS SHALL BE MAILED to
such corporation at the address of its office within this state on file
in the department.
§ 43. Subparagraph 6 of paragraph (a) of section 402 of the not-for-
profit corporation law, as added by chapter 564 of the laws of 1981 and
as renumbered by chapter 132 of the laws of 1985, is amended to read as
follows:
(6) A designation of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
S. 7508 50 A. 9508
§ 44. Subparagraph 7 of paragraph (b) of section 801 of the not-for-
profit corporation law, as amended by chapter 438 of the laws of 1984,
is amended to read as follows:
(7) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against the
corporation served upon [him] THE SECRETARY OF STATE.
§ 45. Subparagraph 2 of paragraph (c) of section 802 of the not-for-
profit corporation law, as amended by chapter 186 of the laws of 1983,
is amended to read as follows:
(2) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against the
corporation served upon [him] THE SECRETARY OF STATE.
§ 46. Subparagraph 6 of paragraph (a) of section 803 of the not-for-
profit corporation law, as amended by chapter 23 of the laws of 2014, is
amended to read as follows:
(6) A designation of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and the post office
address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process against it served upon
the secretary OF STATE.
§ 47. Paragraph (b) of section 803-A of the not-for-profit corporation
law, as amended by chapter 172 of the laws of 1999, is amended to read
as follows:
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against the corporation served upon [him or] THE SECRETARY OF
STATE AND/OR the address of the registered agent, provided such address
being changed is the address of a person, partnership, LIMITED LIABILITY
COMPANY or other corporation whose address, as agent, is the address to
be changed or who has been designated as registered agent for such
corporation, may be signed and delivered to the department of state by
such agent. The certificate of change shall set forth the statements
required under subparagraphs (1), (2) and (3) of paragraph (a) of this
section; that a notice of the proposed change was mailed to the corpo-
ration by the party signing the certificate not less than thirty days
prior to the date of delivery to the department and that such corpo-
ration has not objected thereto; and that the party signing the certif-
icate is the agent of such corporation to whose address [the secretary
of state] A PERSON is required to mail copies of any process against the
corporation served upon [him] THE SECRETARY OF STATE or the registered
agent, if such be the case. A certificate signed and delivered under
this paragraph shall not be deemed to effect a change of location of the
office of the corporation in whose behalf such certificate is filed.
§ 48. Clause (E) of subparagraph 2 of paragraph (d) of section 906 of
the not-for-profit corporation law, as amended by chapter 1058 of the
laws of 1971, is amended to read as follows:
(E) A designation of the secretary of state as its agent upon whom
process against it may be served in the manner set forth in paragraph
(b) of section 306 (Service of process), in any action or special
proceeding described in [subparagraph] CLAUSE (D) OF THIS SUBPARAGRAPH
and a post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of the process in such
action or special proceeding SERVED UPON THE SECRETARY OF STATE.
§ 49. Clause (F) of subparagraph 2 of paragraph (d) of section 908 of
the not-for-profit corporation law is amended to read as follows:
S. 7508 51 A. 9508
(F) A designation of the secretary of state as [his] ITS agent upon
whom process against it may be served in the manner set forth in para-
graph (b) of section 306 (Service of process), in any action or special
proceeding described in [subparagraph] CLAUSE (D) OF THIS SUBPARAGRAPH
and a post office address, within or without the state, to which [the
secretary of state] A PERSON shall mail a copy of the process in such
action or special proceeding SERVED UPON BY THE SECRETARY OF STATE.
§ 50. Subparagraph 6 of paragraph (a) of section 1304 of the not-for-
profit corporation law, as renumbered by chapter 590 of the laws of
1982, is amended to read as follows:
(6) A designation of the secretary of state as its agent upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
§ 51. Subparagraph 7 of paragraph (a) of section 1308 of the not-for-
profit corporation law, as renumbered by chapter 186 of the laws of
1983, is amended to read as follows:
(7) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
§ 52. Subparagraph 2 of paragraph (a) and paragraph (c) of section
1310 of the not-for-profit corporation law, paragraph (c) as amended by
chapter 172 of the laws of 1999, are amended to read as follows:
(2) To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
(c) A certificate of change of application for authority which changes
only the post office address to which [the secretary of state] A PERSON
shall mail a copy of any process against an authorized foreign corpo-
ration served upon [him or] THE SECRETARY OF STATE AND/OR which changes
the address of its registered agent, provided such address is the
address of a person, partnership, LIMITED LIABILITY COMPANY or other
corporation whose address, as agent, is the address to be changed or who
has been designated as registered agent for such authorized foreign
corporation, may be signed and delivered to the department of state by
such agent. The certificate of change of application for authority shall
set forth the statements required under subparagraphs (1), (2), (3) and
(4) of paragraph (b) of this section; that a notice of the proposed
change was mailed by the party signing the certificate to the authorized
foreign corporation not less than thirty days prior to the date of
delivery to the department and that such corporation has not objected
thereto; and that the party signing the certificate is the agent of such
foreign corporation to whose address [the secretary of state] A PERSON
is required to mail copies of process SERVED ON THE SECRETARY OF STATE
or the registered agent, if such be the case. A certificate signed and
delivered under this paragraph shall not be deemed to effect a change of
location of the office of the corporation in whose behalf such certif-
icate is filed.
§ 53. Subparagraph 6 of paragraph (a) and subparagraph 4 of paragraph
(d) of section 1311 of the not-for-profit corporation law are amended to
read as follows:
(6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
S. 7508 52 A. 9508
(4) The changed post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.
§ 54. Section 1312 of the not-for-profit corporation law, as amended
by chapter 375 of the laws of 1998, is amended to read as follows:
§ 1312. Termination of existence.
When an authorized foreign corporation is dissolved or its authority
or existence is otherwise terminated or cancelled in the jurisdiction of
its incorporation or when such foreign corporation is merged into or
consolidated with another foreign corporation, a certificate of the
secretary of state, or official performing the equivalent function as to
corporate records, of the jurisdiction of incorporation of such foreign
corporation attesting to the occurrence of any such event or a certified
copy of an order or decree of a court of such jurisdiction directing the
dissolution of such foreign corporation, the termination of its exist-
ence or the cancellation of its authority shall be delivered to the
department of state. The filing of the certificate, order or decree
shall have the same effect as the filing of a certificate of surrender
of authority under section 1311 (Surrender of authority). The secretary
of state shall continue as agent of the foreign corporation upon whom
process against it may be served in the manner set forth in paragraph
(b) of section 306 (Service of process), in any action or special
proceeding based upon any liability or obligation incurred by the
foreign corporation within this state prior to the filing of such
certificate, order or decree and [he] THE PERSON SERVING SUCH PROCESS
shall promptly cause a copy of any such process to be mailed by [regis-
tered] CERTIFIED mail, return receipt requested, to such foreign corpo-
ration at the post office address on file [in his office] WITH THE
DEPARTMENT specified for such purpose. The post office address may be
changed by signing and delivering to the department of state a certif-
icate of change setting forth the statements required under section 1310
(Certificate of change, contents) to effect a change in the post office
address under subparagraph [(a) (4)] (7) OF PARAGRAPH (A) of section
1308 (Amendments or changes).
§ 55. Subdivision (c) of section 121-104 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
(c) ANY DESIGNATED POST OFFICE ADDRESS MAINTAINED BY THE SECRETARY OF
STATE AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED
PARTNERSHIP FOR THE PURPOSE OF MAILING PROCESS SHALL BE THE POST OFFICE
ADDRESS, WITHIN OR WITHOUT THE STATE, TO WHICH A PERSON SHALL MAIL PROC-
ESS AGAINST SUCH LIMITED PARTNERSHIP AS REQUIRED BY THIS ARTICLE. Any
designated post office address to which the secretary of state OR A
PERSON shall mail a copy of process served upon [him] THE SECRETARY OF
STATE as agent of a domestic limited partnership or foreign limited
partnership shall continue until the filing of a certificate under this
article directing the mailing to a different post office address.
§ 56. Paragraphs 1, 2 and 3 of subdivision (a) of section 121-104-A of
the partnership law, as added by chapter 448 of the laws of 1998, are
amended to read as follows:
(1) the name of the limited partnership and the date that its [arti-
cles of organization] CERTIFICATE OF LIMITED PARTNERSHIP or application
for authority was filed by the department of state.
(2) that the address of the party has been designated by the limited
partnership as the post office address to which [the secretary of state]
A PERSON shall mail a copy of any process served on the secretary of
S. 7508 53 A. 9508
state as agent for such limited partnership, and that such party wishes
to resign.
(3) that AT LEAST sixty days prior to the filing of the certificate of
resignation FOR RECEIPT OF PROCESS with the department of state the
party has sent a copy of the certificate of resignation for receipt of
process by registered or certified mail to the address of the registered
agent of the [designated] DESIGNATING limited partnership, if other than
the party filing the certificate of resignation[,] for receipt of proc-
ess, or if the [resigning] DESIGNATING limited partnership has no regis-
tered agent, then to the last address of the [designated] DESIGNATING
limited partnership, known to the party, specifying the address to which
the copy was sent. If there is no registered agent and no known address
of the designating limited partnership the party shall attach an affida-
vit to the certificate stating that a diligent but unsuccessful search
was made by the party to locate the limited partnership, specifying what
efforts were made.
§ 57. Subdivision (a) of section 121-105 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
(a) In addition to the designation of the secretary of state, each
limited partnership or authorized foreign limited partnership may desig-
nate a registered agent upon whom process against the limited partner-
ship may be served. The agent must be (i) a natural person who is a
resident of this state or has a business address in this state, [or]
(ii) a domestic corporation or a foreign corporation authorized to do
business in this state, OR (III) A DOMESTIC LIMITED LIABILITY COMPANY OR
A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN THIS
STATE.
§ 58. Subdivisions (a) and (c) of section 121-109 of the partnership
law, as added by chapter 950 of the laws of 1990 and as relettered by
chapter 341 of the laws of 1999, are amended to read as follows:
(a) Service of process on the secretary of state as agent of a domes-
tic or authorized foreign limited partnership, OR OTHER BUSINESS ENTITY
THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROC-
ESS PURSUANT TO THIS CHAPTER, shall be made [as follows:
(1) By] BY MAILING THE PROCESS AND NOTICE OF SERVICE OF PROCESS PURSU-
ANT TO THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH
DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP OR OTHER BUSINESS
ENTITY, AT THE POST OFFICE ADDRESS ON FILE IN THE DEPARTMENT OF STATE
SPECIFIED FOR THIS PURPOSE. ON THE SAME DAY AS THE PROCESS IS MAILED, A
DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING SHALL BE personally
[delivering] DELIVERED to and [leaving] LEFT with [him or his] THE
SECRETARY OF STATE OR A deputy, or with any person authorized by the
secretary of state to receive such service, at the office of the depart-
ment of state in the city of Albany, [duplicate copies of such process]
together with the statutory fee, which fee shall be a taxable disburse-
ment. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
SECTION. SERVICE OF PROCESS ON SUCH LIMITED PARTNERSHIP OR OTHER BUSI-
NESS ENTITY SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED.
[(2) The service on the limited partnership is complete when the
secretary of state is so served.
(3) The secretary of state shall promptly send one of such copies by
certified mail, return receipt requested, addressed to the limited part-
nership at the post office address, on file in the department of state,
specified for that purpose.]
(c) The [secretary of state] DEPARTMENT OF STATE shall keep a record
of all process served upon [him] IT under this section and shall record
S. 7508 54 A. 9508
therein the date of such service [and his action with reference there-
to]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE
A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF THE PROCESS
BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE
RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE SECRETARY OF STATE
UNDER THIS CHAPTER SHALL BE DESTROYED BY THE DEPARTMENT AFTER A PERIOD
OF TEN YEARS FROM SUCH SERVICE.
§ 59. Paragraph 3 of subdivision (a) and subparagraph 4 of paragraph
(i) of subdivision (c) of section 121-201 of the partnership law, para-
graph 3 of subdivision (a) as amended by chapter 264 of the laws of
1991, and subparagraph 4 of paragraph (i) of subdivision (c) as amended
by chapter 44 of the laws of 2006, are amended to read as follows:
(3) a designation of the secretary of state as agent of the limited
partnership upon whom process against it may be served and the post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process against it served upon
[him] THE SECRETARY OF STATE;
(4) a statement that the secretary of state has been designated as
agent of the limited partnership upon whom process against it may be
served and the post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him or her] THE SECRETARY OF STATE;
§ 60. Paragraph 4 of subdivision (b) of section 121-202 of the part-
nership law, as amended by chapter 576 of the laws of 1994, is amended
to read as follows:
(4) a change in the name of the limited partnership, or a change in
the post office address to which [the secretary of state] A PERSON shall
mail a copy of any process against the limited partnership served on
[him] THE SECRETARY OF STATE, or a change in the name or address of the
registered agent, if such change is made other than pursuant to section
121-104 or 121-105 of this article.
§ 61. Section 121-202-A of the partnership law, as added by chapter
448 of the laws of 1998, paragraph 2 of subdivision (a) as amended by
chapter 172 of the laws of 1999, is amended to read as follows:
§ 121-202-A. Certificate of change. (a) A certificate of limited part-
nership may be changed by filing with the department of state a certif-
icate of change entitled "Certificate of Change of ..... (name of limit-
ed partnership) under Section 121-202-A of the Revised Limited
Partnership Act" and shall be signed and delivered to the department of
state. A certificate of change may (i) specify or change the location of
the limited partnership's office; (ii) specify or change the post office
address to which [the secretary of state] A PERSON shall mail a copy of
process against the limited partnership served upon [him] THE SECRETARY
OF STATE; and (iii) make, revoke or change the designation of a regis-
tered agent, or to specify or change the address of its registered
agent. It shall set forth:
(1) the name of the limited partnership, and if it has been changed,
the name under which it was formed;
(2) the date its certificate of limited partnership was filed by the
department of state; and
(3) each change effected thereby.
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against a limited partnership served upon [him or] THE SECRETARY
OF STATE AND/OR the address of the registered agent, provided such
address being changed is the address of a person, partnership, LIMITED
S. 7508 55 A. 9508
LIABILITY CORPORATION or corporation whose address, as agent, is the
address to be changed or who has been designated as registered agent for
such limited partnership shall be signed and delivered to the department
of state by such agent. The certificate of change shall set forth the
statements required under subdivision (a) of this section; that a notice
of the proposed change was mailed to the domestic limited partnership by
the party signing the certificate not less than thirty days prior to the
date of delivery to the department of state and that such domestic
limited partnership has not objected thereto; and that the party signing
the certificate is the agent of such limited partnership to whose
address [the secretary of state] A PERSON is required to mail copies of
process SERVED ON THE SECRETARY OF STATE or the registered agent, if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the limited partnership in whose behalf such certificate is filed.
§ 62. Paragraph 4 of subdivision (a) and subparagraph 5 of paragraph
(i) of subdivision (d) of section 121-902 of the partnership law, para-
graph 4 of subdivision (a) as amended by chapter 172 of the laws of 1999
and subparagraph 5 of paragraph (i) of subdivision (d) as amended by
chapter 44 of the laws of 2006, are amended to read as follows:
(4) a designation of the secretary of state as its agent upon whom
process against it may be served and the post office address, within or
without this state, to which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE;
(5) a statement that the secretary of state has been designated as its
agent upon whom process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served upon [him or
her] THE SECRETARY OF STATE;
§ 63. Section 121-903-A of the partnership law, as added by chapter
448 of the laws of 1998, is amended to read as follows:
§ 121-903-A. Certificate of change. (a) A foreign limited partnership
may change its application for authority by filing with the department
of state a certificate of change entitled "Certificate of Change
of ........ (name of limited partnership) under Section 121-903-A of the
Revised Limited Partnership Act" and shall be signed and delivered to
the department of state. A certificate of change may (i) change the
location of the limited partnership's office; (ii) change the post
office address to which [the secretary of state] A PERSON shall mail a
copy of process against the limited partnership served upon [him] THE
SECRETARY OF STATE; and (iii) make, revoke or change the designation of
a registered agent, or to specify or change the address of its regis-
tered agent. It shall set forth:
(1) the name of the foreign limited partnership and, if applicable,
the fictitious name the foreign limited partnership has agreed to use in
this state pursuant to section 121-902 of this article;
(2) the date its application for authority was filed by the department
of state; and
(3) each change effected thereby.
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against a foreign limited partnership served upon [him or] THE
SECRETARY OF STATE AND/OR the address of the registered agent, provided
such address being changed is the address of a person, partnership,
LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the
S. 7508 56 A. 9508
address to be changed or who has been designated as registered agent for
such foreign limited partnership shall be signed and delivered to the
department of state by such agent. The certificate of change shall set
forth the statements required under subdivision (a) of this section;
that a notice of the proposed change was mailed to the foreign limited
partnership by the party signing the certificate not less than thirty
days prior to the date of delivery to the department of state and that
such foreign limited partnership has not objected thereto; and that the
party signing the certificate is the agent of such foreign limited part-
nership to whose address [the secretary of state] A PERSON is required
to mail copies of process SERVED ON THE SECRETARY OF STATE or the regis-
tered agent, if such be the case. A certificate signed and delivered
under this subdivision shall not be deemed to effect a change of
location of the office of the limited partnership in whose behalf such
certificate is filed.
§ 64. Paragraph 6 of subdivision (b) of section 121-905 of the part-
nership law, as added by chapter 950 of the laws of 1990, is amended to
read as follows:
(6) a post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
§ 65. Paragraph 7 of subdivision (a) of section 121-1103 of the part-
nership law, as added by chapter 950 of the laws of 1990, is amended to
read as follows:
(7) A designation of the secretary of state as its agent upon whom
process against it may be served in the manner set forth in section
121-109 of this article in any action or special proceeding, and a post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process served upon [him] THE
SECRETARY OF STATE. Such post office address shall supersede any prior
address designated as the address to which process shall be mailed.
§ 66. Subparagraphs 2 and 4 of paragraph (I) and clause 4 of subpara-
graph (A) of paragraph (II) of subdivision (a) of section 121-1500 of
the partnership law, subparagraph 2 of paragraph (I) as added by chapter
576 of the laws of 1994, subparagraph 4 of paragraph (I) as amended by
chapter 643 of the laws of 1995 and such paragraph as redesignated by
chapter 767 of the laws of 2005 and clause 4 of subparagraph (A) of
paragraph (II) as amended by chapter 44 of the laws of 2006, are amended
to read as follows:
(2) the address, WITHIN THIS STATE, of the principal office of the
partnership without limited partners;
(4) a designation of the secretary of state as agent of the partner-
ship without limited partners upon whom process against it may be served
and the post office address, within or without this state, to which the
[secretary of state] A PERSON shall mail a copy of any process against
it or served [upon it] ON THE SECRETARY OF STATE;
(4) a statement that the secretary of state has been designated as
agent of the registered limited liability partnership upon whom process
against it may be served and the post office address, within or without
this state, to which [the secretary of state] A PERSON shall mail a copy
of any process against it served upon [him or her] THE SECRETARY OF
STATE;
§ 67. Paragraphs (ii) and (iii) of subdivision (g) of section 121-1500
of the partnership law, as amended by section 8 of part S of chapter 59
of the laws of 2015, are amended to read as follows:
S. 7508 57 A. 9508
(ii) the address, WITHIN THIS STATE, of the principal office of the
registered limited liability partnership, (iii) the post office address,
within or without this state, to which [the secretary of state] A PERSON
shall mail a copy of any process accepted against it served upon [him or
her] THE SECRETARY OF STATE, which address shall supersede any previous
address on file with the department of state for this purpose, and
§ 68. Subdivision (j-1) of section 121-1500 of the partnership law, as
added by chapter 448 of the laws of 1998, is amended to read as follows:
(j-1) A certificate of change which changes only the post office
address to which [the secretary of state] A PERSON shall mail a copy of
any process against a registered limited liability partnership served
upon [him] THE SECRETARY OF STATE AND/or the address of the registered
agent, provided such address being changed is the address of a person,
partnership, LIMITED LIABILITY COMPANY or corporation whose address, as
agent, is the address to be changed or who has been designated as regis-
tered agent for such registered limited liability partnership shall be
signed and delivered to the department of state by such agent. The
certificate of change shall set forth: (i) the name of the registered
limited liability partnership and, if it has been changed, the name
under which it was originally filed with the department of state; (ii)
the date of filing of its initial registration or notice statement;
(iii) each change effected thereby; (iv) that a notice of the proposed
change was mailed to the limited liability partnership by the party
signing the certificate not less than thirty days prior to the date of
delivery to the department of state and that such limited liability
partnership has not objected thereto; and (v) that the party signing the
certificate is the agent of such limited liability partnership to whose
address [the secretary of state] A PERSON is required to mail copies of
process SERVED ON THE SECRETARY OF STATE or the registered agent, if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the limited liability partnership in whose behalf such certificate is
filed. The certificate of change shall be accompanied by a fee of five
dollars.
§ 69. Subdivision (a) of section 121-1502 of the partnership law, as
amended by chapter 643 of the laws of 1995, paragraph (v) as amended by
chapter 470 of the laws of 1997, is amended to read as follows:
(a) In order for a foreign limited liability partnership to carry on
or conduct or transact business or activities as a New York registered
foreign limited liability partnership in this state, such foreign limit-
ed liability partnership shall file with the department of state a
notice which shall set forth: (i) the name under which the foreign
limited liability partnership intends to carry on or conduct or transact
business or activities in this state; (ii) the date on which and the
jurisdiction in which it registered as a limited liability partnership;
(iii) the address, WITHIN THIS STATE, of the principal office of the
foreign limited liability partnership; (iv) the profession or
professions to be practiced by such foreign limited liability partner-
ship and a statement that it is a foreign limited liability partnership
eligible to file a notice under this chapter; (v) a designation of the
secretary of state as agent of the foreign limited liability partnership
upon whom process against it may be served and the post office address
within or without this state, to which [the secretary of state] A PERSON
shall mail a copy of any process against it [or] served upon [it] THE
SECRETARY OF STATE; (vi) if the foreign limited liability partnership is
to have a registered agent, its name and address in this state and a
S. 7508 58 A. 9508
statement that the registered agent is to be the agent of the foreign
limited liability partnership upon whom process against it may be
served; (vii) a statement that its registration as a limited liability
partnership is effective in the jurisdiction in which it registered as a
limited liability partnership at the time of the filing of such notice;
(viii) a statement that the foreign limited liability partnership is
filing a notice in order to obtain status as a New York registered
foreign limited liability partnership; (ix) if the registration of the
foreign limited liability partnership is to be effective on a date later
than the time of filing, the date, not to exceed sixty days from the
date of filing, of such proposed effectiveness; and (x) any other
matters the foreign limited liability partnership determines to include
in the notice. Such notice shall be accompanied by either (1) a copy of
the last registration or renewal registration (or similar filing), if
any, filed by the foreign limited liability partnership with the juris-
diction where it registered as a limited liability partnership or (2) a
certificate, issued by the jurisdiction where it registered as a limited
liability partnership, substantially to the effect that such foreign
limited liability partnership has filed a registration as a limited
liability partnership which is effective on the date of the certificate
(if such registration, renewal registration or certificate is in a
foreign language, a translation thereof under oath of the translator
shall be attached thereto). Such notice shall also be accompanied by a
fee of two hundred fifty dollars.
§ 70. Subparagraphs (ii) and (iii) of paragraph (I) of subdivision (f)
of section 121-1502 of the partnership law, as amended by section 9 of
part S of chapter 59 of the laws of 2015, are amended to read as
follows:
(ii) the address, WITHIN THIS STATE, of the principal office of the
New York registered foreign limited liability partnership, (iii) the
post office address, within or without this state, to which [the secre-
tary of state] A PERSON shall mail a copy of any process accepted
against it served upon [him or her] THE SECRETARY OF STATE, which
address shall supersede any previous address on file with the department
of state for this purpose, and
§ 71. Clause 5 of subparagraph (A) of paragraph (II) of subdivision
(f) of section 121-1502 of the partnership law, as amended by chapter 44
of the laws of 2006, is amended to read as follows:
(5) a statement that the secretary of state has been designated as
agent of the foreign limited liability partnership upon whom process
against it may be served and the post office address, within or without
this state, to which [the secretary of state] A PERSON shall mail a copy
of any process against it served upon [him or her] THE SECRETARY OF
STATE;
§ 72. Subdivision (i-1) of section 121-1502 of the partnership law, as
added by chapter 448 of the laws of 1998, is amended to read as follows:
(i-1) A certificate of change which changes only the post office
address to which [the secretary of state] A PERSON shall mail a copy of
any process against a New York registered foreign limited liability
partnership served upon [him] THE SECRETARY OF STATE AND/or the address
of the registered agent, provided such address being changed is the
address of a person, partnership, LIMITED LIABILITY COMPANY or corpo-
ration whose address, as agent, is the address to be changed or who has
been designated as registered agent of such registered foreign limited
liability partnership shall be signed and delivered to the department of
state by such agent. The certificate of change shall set forth: (i) the
S. 7508 59 A. 9508
name of the New York registered foreign limited liability partnership;
(ii) the date of filing of its initial registration or notice statement;
(iii) each change effected thereby; (iv) that a notice of the proposed
change was mailed to the limited liability partnership by the party
signing the certificate not less than thirty days prior to the date of
delivery to the department of state and that such limited liability
partnership has not objected thereto; and (v) that the party signing the
certificate is the agent of such limited liability partnership to whose
address [the secretary of state] A PERSON is required to mail copies of
process SERVED ON THE SECRETARY OF STATE or the registered agent, if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the limited liability partnership in whose behalf such certificate is
filed. The certificate of change shall be accompanied by a fee of five
dollars.
§ 73. Subdivision (a) of section 121-1505 of the partnership law, as
added by chapter 470 of the laws of 1997, is amended and two new subdi-
visions (d) and (e) are added to read as follows:
(a) Service of process on the secretary of state as agent of a regis-
tered limited liability partnership OR NEW YORK REGISTERED FOREIGN
LIMITED LIABILITY PARTNERSHIP under this article shall be made by MAIL-
ING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, TO SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR
NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP, AT THE POST
OFFICE ADDRESS ON FILE IN THE DEPARTMENT OF STATE SPECIFIED FOR SUCH
PURPOSE. ON THE SAME DATE THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY
OF SUCH PROCESS AND PROOF OF MAILING TOGETHER WITH THE STATUTORY FEE,
WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, SHALL BE personally [deliver-
ing] DELIVERED to and [leaving] LEFT with the secretary of state or a
deputy, or with any person authorized by the secretary of state to
receive such service, at the office of the department of state in the
city of Albany, [duplicate copies of such process] together with the
statutory fee, which fee shall be a taxable disbursement. PROOF OF MAIL-
ING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of
process on such registered limited liability partnership OR NEW YORK
REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP shall be complete when
the secretary of state is so served. [The secretary of state shall
promptly send one of such copies by certified mail, return receipt
requested, to such registered limited liability partnership, at the post
office address on file in the department of state specified for such
purpose.]
(D) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UPON THE SECRETARY OF STATE UNDER THIS CHAPTER, INCLUDING THE DATE OF
SUCH SERVICE. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH
SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT
OF THE PROCESS BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH
SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE
SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE DEPART-
MENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE.
(E) ANY DESIGNATED POST OFFICE ADDRESS MAINTAINED BY THE SECRETARY OF
STATE AS AGENT OF A REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK
REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP FOR THE PURPOSE OF
MAILING PROCESS SHALL BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THE
STATE, TO WHICH A PERSON SHALL MAIL PROCESS AGAINST SUCH LIMITED LIABIL-
ITY COMPANY AS REQUIRED BY THIS ARTICLE. SUCH ADDRESS SHALL CONTINUE
S. 7508 60 A. 9508
UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAIL-
ING TO A DIFFERENT POST OFFICE ADDRESS.
§ 74. Subdivision (b) of section 121-1506 of the partnership law, as
added by chapter 448 of the laws of 1998, paragraph 4 as amended by
chapter 172 of the laws of 1999, is amended to read as follows:
(b) The party (or the party's legal representative) whose post OFFICE
address has been supplied by a limited liability partnership as its
address for process may resign. A certificate entitled "Certificate of
Resignation for Receipt of Process under Section 121-1506(b) of the
Partnership Law" shall be signed by such party and delivered to the
department of state. It shall set forth:
(1) The name of the limited liability partnership and the date that
its certificate of registration was filed by the department of state.
(2) That the address of the party has been designated by the limited
liability partnership as the post office address to which [the secretary
of state] A PERSON shall mail a copy of any process served on the secre-
tary of state as agent for such limited liability partnership and that
such party wishes to resign.
(3) That AT LEAST sixty days prior to the filing of the certificate of
resignation FOR RECEIPT OF PROCESS with the department of state the
party has sent a copy of the certificate of resignation for receipt of
process by registered or certified mail to the address of the registered
agent of the [designated] DESIGNATING limited liability partnership, if
other than the party filing the certificate of resignation, for receipt
of process, or if the [resigning] DESIGNATING limited liability partner-
ship has no registered agent, then to the last address of the [desig-
nated] DESIGNATING limited liability partnership, known to the party,
specifying the address to which the copy was sent. If there is no regis-
tered agent and no known address of the designating limited liability
partnership the party shall attach an affidavit to the certificate stat-
ing that a diligent but unsuccessful search was made by the party to
locate the limited liability partnership, specifying what efforts were
made.
(4) That the [designated] DESIGNATING limited liability partnership is
required to deliver to the department of state a certificate of amend-
ment providing for the designation by the limited liability partnership
of a new address and that upon its failure to file such certificate, its
authority to do business in this state shall be suspended.
§ 75. Paragraph 16 of subdivision 1 of section 103 of the private
housing finance law, as added by chapter 22 of the laws of 1970, is
amended to read as follows:
(16) A designation of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
§ 76. Subdivision 15 of section 20.03 of the arts and cultural affairs
law, as added by chapter 656 of the laws of 1991, is amended to read as
follows:
15. "Non-institutional portion" shall mean the part or portion of a
combined-use facility other than the institutional portion. If the non-
institutional portion, or any part thereof, consists of a condominium,
the consent of the trust which has developed or approved the developer
of such condominium shall be required prior to any amendment of the
declaration of such condominium pursuant to subdivision [nine] EIGHT of
section three hundred thirty-nine-n of the real property law and prior
S. 7508 61 A. 9508
to any amendment of the by-laws of such condominium pursuant to para-
graph (j) of subdivision one of section three hundred thirty-nine-v of
the real property law, and whether or not such trust is a unit owner of
such condominium, it may exercise the rights of the board of managers
and an aggrieved unit owner under section three hundred thirty-nine-j of
the real property law in the case of a failure of any unit owner of such
condominium to comply with the by-laws of such condominium and with the
rules, regulations, and decisions adopted pursuant thereto.
§ 77. Subdivision 7 of section 339-n of the real property law is
REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8.
§ 78. Subdivision 2 of section 339-s of the real property law, as
added by chapter 346 of the laws of 1997, is amended to read as follows:
2. [Each such declaration, and any amendment or amendments thereof
shall be filed with the department of state] (A) THE BOARD OF MANAGERS
FOR EACH CONDOMINIUM SUBJECT TO THIS ARTICLE SHALL FILE WITH THE SECRE-
TARY OF STATE A CERTIFICATE, IN WRITING, SIGNED, DESIGNATING THE SECRE-
TARY OF STATE AS AGENT OF THE BOARD OF MANAGERS UPON WHOM PROCESS
AGAINST IT MAY BE SERVED AND THE POST OFFICE ADDRESS TO WHICH A PERSON
SHALL MAIL A COPY OF SUCH PROCESS. THE CERTIFICATE SHALL BE ACCOMPANIED
BY A FEE OF SIXTY DOLLARS.
(B) ANY BOARD OF MANAGERS MAY CHANGE THE ADDRESS TO WHICH A PERSON
SHALL MAIL A COPY OF PROCESS SERVED UPON THE SECRETARY OF STATE, BY
FILING A SIGNED CERTIFICATE OF AMENDMENT WITH THE DEPARTMENT OF STATE.
SUCH CERTIFICATE SHALL BE ACCOMPANIED BY A FEE OF SIXTY DOLLARS.
(C) SERVICE OF PROCESS ON THE SECRETARY OF STATE AS AGENT OF A BOARD
OF MANAGERS SHALL BE MADE BY MAILING THE PROCESS AND NOTICE OF SERVICE
OF PROCESS PURSUANT TO THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, TO SUCH BOARD OF MANAGERS, AT THE POST OFFICE ADDRESS ON FILE
IN THE DEPARTMENT OF STATE SPECIFIED FOR THIS PURPOSE. ON THE SAME DAY
THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND PROOF
OF MAILING SHALL BE PERSONALLY DELIVERED TO AND LEFT WITH THE SECRETARY
OF STATE OR A DEPUTY, OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF
STATE TO RECEIVE SUCH SERVICE, AT THE OFFICE OF THE DEPARTMENT OF STATE
IN THE CITY OF ALBANY, A DUPLICATE COPY OF SUCH PROCESS WITH PROOF OF
MAILING TOGETHER WITH THE STATUTORY FEE, WHICH SHALL BE A TAXABLE
DISBURSEMENT. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH
THIS SECTION. SERVICE OF PROCESS ON A BOARD OF MANAGERS SHALL BE
COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED.
(D) AS USED IN THIS ARTICLE, "PROCESS" SHALL MEAN JUDICIAL PROCESS AND
ALL ORDERS, DEMANDS, NOTICES OR OTHER PAPERS REQUIRED OR PERMITTED BY
LAW TO BE PERSONALLY SERVED ON A BOARD OF MANAGERS, FOR THE PURPOSE OF
ACQUIRING JURISDICTION OF SUCH BOARD OF MANAGERS IN ANY ACTION OR
PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDICIAL, ADMINISTRATIVE, ARBI-
TRATIVE OR OTHERWISE, IN THIS STATE OR IN THE FEDERAL COURTS SITTING IN
OR FOR THIS STATE.
(E) NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT TO SERVE PROCESS IN
ANY OTHER MANNER PERMITTED BY LAW.
(F) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UNDER THIS SECTION, INCLUDING THE DATE OF SERVICE. IT SHALL, UPON
REQUEST, MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE
UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF PROCESS BY AN AUTHORIZED
PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATU-
TORY FEE. PROCESS SERVED ON THE SECRETARY OF STATE UNDER THIS SECTION
SHALL BE DESTROYED BY THE DEPARTMENT OF STATE AFTER A PERIOD OF TEN
YEARS FROM SUCH SERVICE.
S. 7508 62 A. 9508
(G) ANY DESIGNATED POST OFFICE ADDRESS MAINTAINED BY THE SECRETARY OF
STATE AS AGENT OF THE BOARD OF MANAGERS FOR THE PURPOSE OF MAILING PROC-
ESS SHALL BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THE STATE, TO
WHICH A PERSON SHALL MAIL PROCESS AGAINST SUCH BOARD AS REQUIRED BY THIS
ARTICLE. SUCH ADDRESS SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE
UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST OFFICE
ADDRESS.
§ 79. Subdivisions 3 and 4 of section 442-g of the real property law,
as amended by chapter 482 of the laws of 1963, are amended to read as
follows:
3. Service of such process upon the secretary of state shall be made
by personally delivering to and leaving with [him or his] THE SECRETARY
OF STATE OR A deputy, or with any person authorized by the secretary of
state to receive such service, at the office of the department of state
in the city of Albany, [duplicate copies] A COPY of such process AND
PROOF OF MAILING together with a fee of five dollars if the action is
solely for the recovery of a sum of money not in excess of two hundred
dollars and the process is so endorsed, and a fee of ten dollars in any
other action or proceeding, which fee shall be a taxable disbursement.
If such process is served upon behalf of a county, city, town or
village, or other political subdivision of the state, the fee to be paid
to the secretary of state shall be five dollars, irrespective of the
amount involved or the nature of the action on account of which such
service of process is made. [If the cost of registered mail for trans-
mitting a copy of the process shall exceed two dollars, an additional
fee equal to such excess shall be paid at the time of the service of
such process.] PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH
THIS SECTION. Proof of service shall be by affidavit of compliance with
this subdivision filed by or on behalf of the plaintiff together with
the process, within ten days after such service, with the clerk of the
court in which the action or special proceeding is pending. Service
made as provided in this section shall be complete ten days after such
papers are filed with the clerk of the court and shall have the same
force and validity as if served on him personally within the state and
within the territorial jurisdiction of the court from which the process
issues.
4. The [secretary of state] PERSON SERVING SUCH PROCESS shall [prompt-
ly] send [one of] such [copies] PROCESS by [registered] CERTIFIED mail,
return receipt requested, to the nonresident broker or nonresident
salesman at the post office address of his main office as set forth in
the last application filed by him.
§ 80. Subdivision 2 of section 203 of the tax law, as amended by chap-
ter 100 of the laws of 1964, is amended to read as follows:
2. Every foreign corporation (other than a moneyed corporation)
subject to the provisions of this article, except a corporation having a
certificate of authority [under section two hundred twelve of the gener-
al corporation law] or having authority to do business by virtue of
section thirteen hundred five of the business corporation law, shall
file in the department of state a certificate of designation in its
corporate name, signed and acknowledged by its president or a vice-pre-
sident or its secretary or treasurer, under its corporate seal, desig-
nating the secretary of state as its agent upon whom process in any
action provided for by this article may be served within this state, and
setting forth an address to which [the secretary of state] A PERSON
shall mail a copy of any such process against the corporation which may
be served upon [him] THE SECRETARY OF STATE. In case any such corpo-
S. 7508 63 A. 9508
ration shall have failed to file such certificate of designation, it
shall be deemed to have designated the secretary of state as its agent
upon whom such process against it may be served; and until a certificate
of designation shall have been filed the corporation shall be deemed to
have directed [the secretary of state] A PERSON SERVING PROCESS to mail
copies of process served upon [him] THE SECRETARY OF STATE to the corpo-
ration at its last known office address within or without the state.
When a certificate of designation has been filed by such corporation
[the secretary of state] A PERSON SERVING PROCESS shall mail copies of
process thereafter served upon [him] THE SECRETARY OF STATE to the
address set forth in such certificate. Any such corporation, from time
to time, may change the address to which [the secretary of state] A
PERSON is directed to mail copies of process, by filing a certificate to
that effect executed, signed and acknowledged in like manner as a
certificate of designation as herein provided. Service of process upon
any such corporation or upon any corporation having a certificate of
authority [under section two hundred twelve of the general corporation
law] or having authority to do business by virtue of section thirteen
hundred five of the business corporation law, in any action commenced at
any time pursuant to the provisions of this article, may be made by
either (1) personally delivering to and leaving with the secretary of
state, a deputy secretary of state or with any person authorized by the
secretary of state to receive such service [duplicate copies] A COPY
thereof at the office of the department of state in the city of Albany,
in which event [the secretary of state] A PERSON SERVING SUCH PROCESS
shall forthwith send by [registered] CERTIFIED mail, return receipt
requested, [one of such copies] A DUPLICATE COPY to the corporation at
the address designated by it or at its last known office address within
or without the state, or (2) personally delivering to and leaving with
the secretary of state, a deputy secretary of state or with any person
authorized by the secretary of state to receive such service, a copy
thereof at the office of the department of state in the city of Albany
and by delivering a copy thereof to, and leaving such copy with, the
president, vice-president, secretary, assistant secretary, treasurer,
assistant treasurer, or cashier of such corporation, or the officer
performing corresponding functions under another name, or a director or
managing agent of such corporation, personally without the state. Proof
of such personal service without the state shall be filed with the clerk
of the court in which the action is pending within thirty days after
such service, and such service shall be complete ten days after proof
thereof is filed.
§ 81. Section 216 of the tax law, as added by chapter 415 of the laws
of 1944, the opening paragraph as amended by chapter 100 of the laws of
1964 and redesignated by chapter 613 of the laws of 1976, is amended to
read as follows:
§ 216. Collection of taxes. Every foreign corporation (other than a
moneyed corporation) subject to the provisions of this article, except a
corporation having a certificate of authority [under section two hundred
twelve of the general corporation law] or having authority to do busi-
ness by virtue of section thirteen hundred five of the business corpo-
ration law, shall file in the department of state a certificate of
designation in its corporate name, signed and acknowledged by its presi-
dent or a vice-president or its secretary or treasurer, under its corpo-
rate seal, designating the secretary of state as its agent upon whom
process in any action provided for by this article may be served within
this state, and setting forth an address to which [the secretary of
S. 7508 64 A. 9508
state] A PERSON shall mail a copy of any such process against the corpo-
ration which may be served upon [him] THE SECRETARY OF STATE. In case
any such corporation shall have failed to file such certificate of
designation, it shall be deemed to have designated the secretary of
state as its agent upon whom such process against it may be served; and
until a certificate of designation shall have been filed the corporation
shall be deemed to have directed [the secretary of state] A PERSON to
mail [copies] A COPY of process served upon [him] THE SECRETARY OF STATE
to the corporation at its last known office address within or without
the state. When a certificate of designation has been filed by such
corporation [the secretary of state] A PERSON SERVING SUCH PROCESS shall
mail [copies] A COPY of process thereafter served upon [him] A PERSON
SERVING SUCH PROCESS to the address set forth in such certificate. Any
such corporation, from time to time, may change the address to which
[the secretary of state] A PERSON is directed to mail copies of process,
by filing a certificate to that effect executed, signed and acknowledged
in like manner as a certificate of designation as herein provided.
Service of process upon any such corporation or upon any corporation
having a certificate of authority [under section two hundred twelve of
the general corporation law] or having authority to do business by
virtue of section thirteen hundred five of the business corporation law,
in any action commenced at any time pursuant to the provisions of this
article, may be made by either (1) personally delivering to and leaving
with the secretary of state, a deputy secretary of state or with any
person authorized by the secretary of state to receive such service
[duplicate copies] A COPY thereof at the office of the department of
state in the city of Albany, in which event [the secretary of state] A
PERSON SERVING SUCH PROCESS shall forthwith send by [registered] CERTI-
FIED mail, return receipt requested, [one of such copies] A DUPLICATE
COPY to the corporation at the address designated by it or at its last
known office address within or without the state, or (2) personally
delivering to and leaving with the secretary of state, a deputy secre-
tary of state or with any person authorized by the secretary of state to
receive such service, a copy thereof at the office of the department of
state in the city of Albany and by delivering a copy thereof to, and
leaving such copy with, the president, vice-president, secretary,
assistant secretary, treasurer, assistant treasurer, or cashier of such
corporation, or the officer performing corresponding functions under
another name, or a director or managing agent of such corporation,
personally without the state. Proof of such personal service without
the state shall be filed with the clerk of the court in which the action
is pending within thirty days after such service, and such service shall
be complete ten days after proof thereof is filed.
§ 82. Subdivisions (a) and (b) of section 310 of the tax law, as added
by chapter 400 of the laws of 1983, are amended to read as follows:
(a) Designation for service of process.--Every petroleum business
which is a corporation, except such a petroleum business having a
certificate of authority [under section two hundred twelve of the gener-
al corporation law] or having authority to do business by virtue of
section thirteen hundred five of the business corporation law, shall
file in the department of state a certificate of designation in its
corporate name, signed and acknowledged by its president or vice-presi-
dent or its secretary or treasurer, under its corporate seal, designat-
ing the secretary of state as its agent upon whom process in any action
provided for by this article may be served within this state, and
setting forth an address to which [the secretary of state] A PERSON
S. 7508 65 A. 9508
shall mail a copy of any such process against such petroleum business
which may be served upon [him] THE SECRETARY OF STATE. In case any such
petroleum business shall have failed to file such certificate of desig-
nation, it shall be deemed to have designated the secretary of state as
its agent upon whom such process against it may be served; and until a
certificate of designation shall have been filed such a petroleum busi-
ness shall be deemed to have directed [the secretary of state] A PERSON
to mail copies of process served upon [him] THE SECRETARY OF STATE to
such petroleum business at its last known office address within or with-
out the state. When a certificate of designation has been filed by such
a petroleum business [the secretary of state] A PERSON SERVING PROCESS
shall mail copies of process thereafter served upon [him] THE SECRETARY
OF STATE to the address set forth in such certificate. Any such petrole-
um business, from time to time, may change the address to which [the
secretary of state] A PERSON is directed to mail copies of process, by
filing a certificate to that effect executed, signed and acknowledged in
like manner as a certificate of designation as herein provided.
(b) Service of process.--Service of process upon any petroleum busi-
ness which is a corporation (including any such petroleum business
having a certificate of authority [under section two hundred twelve of
the general corporation law] or having authority to do business by
virtue of section thirteen hundred five of the business corporation
law), in any action commenced at any time pursuant to the provisions of
this article, may be made by either (1) personally delivering to and
leaving with the secretary of state, a deputy secretary of state or with
any person authorized by the secretary of state to receive such service
[duplicate copies] A COPY thereof at the office of the department of
state in the city of Albany, in which event [the secretary of state] A
PERSON SERVING PROCESS shall forthwith send by [registered] CERTIFIED
mail, return receipt requested, [one of such copies] A DUPLICATE COPY to
such petroleum business at the address designated by it or at its last
known office address within or without the state, or (2) personally
delivering to and leaving with the secretary of state, a deputy secre-
tary of state or with any person authorized by the secretary of state to
receive such service, a copy thereof at the office of the department of
state in the city of Albany and by delivering a copy thereof to, and
leaving such copy with, the president, vice-president, secretary,
assistant secretary, treasurer, assistant treasurer, or cashier of such
petroleum business, or the officer performing corresponding functions
under another name, or a director or managing agent of such petroleum
business, personally without the state. Proof of such personal service
without the state shall be filed with the clerk of the court in which
the action is pending within thirty days after such service, and such
service shall be complete ten days after proof thereof is filed.
§ 83. This act shall take effect on the one hundred twentieth day
after it shall have become a law.
PART R
Section 1. Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state to provide
special handling for all documents filed or issued by the division of
corporations and to permit additional levels of such expedited service,
as amended by section 1 of part R of chapter 58 of the laws of 2019, is
amended to read as follows:
S. 7508 66 A. 9508
§ 2. This act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and shall expire March 31, [2020]
2021.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2020.
PART S
Section 1. The general business law is amended by adding a new section
390-d to read as follows:
§ 390-D. GENDER PRICING DISCRIMINATION. 1. DEFINITIONS. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "CONSUMER PRODUCTS" SHALL MEAN ANY GOODS USED, BOUGHT OR RENDERED
PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES;
(B) "CONSUMER SERVICES" SHALL MEAN ANY SERVICES USED, BOUGHT OR
RENDERED PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES;
(C) "SUBSTANTIALLY SIMILAR" SHALL MEAN (I) TWO CONSUMER PRODUCTS THAT
EXHIBIT NO SUBSTANTIAL DIFFERENCES IN THE MATERIALS USED IN PRODUCTION,
THE INTENDED USE OF THE PRODUCT, AND THE FUNCTIONAL DESIGN AND FEATURES
OF THE PRODUCT, OR (II) TWO CONSUMER SERVICES THAT EXHIBIT NO SUBSTAN-
TIAL DIFFERENCE IN THE AMOUNT OF TIME TO PROVIDE THE SERVICES, THE
DIFFICULTY IN PROVIDING THE SERVICES, OR THE COST OF PROVIDING THE
SERVICES. A DIFFERENCE IN COLORING AMONG ANY CONSUMER PRODUCT SHALL NOT
BE CONSTRUED AS A SUBSTANTIAL DIFFERENCE FOR THE PURPOSES OF THIS PARA-
GRAPH.
2. NO PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION, OR OTHER BUSI-
NESS ENTITY SHALL SELL OR OFFER FOR SALE ANY TWO CONSUMER PRODUCTS FROM
THE SAME MANUFACTURER OR DISTRIBUTOR THAT ARE SUBSTANTIALLY SIMILAR, IF
SUCH PRODUCTS ARE PRICED DIFFERENTLY BASED ON THE GENDER OF THE PERSONS
FOR WHOM THE PRODUCTS ARE MARKETED AND INTENDED.
3. NO PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION OR OTHER BUSI-
NESS ENTITY SHALL SELL OR OFFER FOR SALE ANY CONSUMER SERVICES THAT ARE
SUBSTANTIALLY SIMILAR IF SUCH SERVICES ARE PRICED DIFFERENTLY BASED UPON
THE GENDER OF THE INDIVIDUALS FOR WHOM THE SERVICES ARE PERFORMED,
OFFERED, OR MARKETED.
4. NOTHING IN THIS SECTION PROHIBITS PRICE DIFFERENCES IN CONSUMER
PRODUCTS OR CONSUMER SERVICES BASED SPECIFICALLY UPON THE AMOUNT OF
TIME, DIFFICULTY OR COST INCURRED IN MANUFACTURING SUCH PRODUCT OR
OFFERING SUCH SERVICE.
5. (A) THE FOLLOWING BUSINESS ESTABLISHMENTS SHALL CLEARLY AND
CONSPICUOUSLY DISCLOSE TO THE CUSTOMER IN WRITING THE PRICING FOR EACH
STANDARD SERVICE PROVIDED:
(I) TAILORS OR BUSINESSES PROVIDING AFTERMARKET CLOTHING ALTERATIONS;
(II) BARBERS OR HAIR SALONS;
(III) DRY CLEANERS AND LAUNDRIES PROVIDING SERVICES TO INDIVIDUALS;
AND
(IV) SUCH OTHER BUSINESS ESTABLISHMENTS AS MAY BE IDENTIFIED AND ADDED
TO THIS LIST BY REGULATION.
(B) THE PRICE LIST SHALL BE POSTED IN AN AREA CONSPICUOUS TO CUSTOM-
ERS. POSTED PRICE LISTS SHALL BE IN NO LESS THAN FOURTEEN-POINT BOLD-
FACE TYPE AND CLEARLY AND COMPLETELY DISPLAY PRICING FOR EVERY STANDARD
SERVICE OFFERED BY THE BUSINESS.
(C) THE BUSINESS ESTABLISHMENT SHALL PROVIDE THE CUSTOMER WITH A
COMPLETE WRITTEN PRICE LIST UPON REQUEST.
S. 7508 67 A. 9508
(D) THE BUSINESS ESTABLISHMENT SHALL DISPLAY IN A CONSPICUOUS PLACE AT
LEAST ONE CLEARLY VISIBLE SIGN, PRINTED IN NO LESS THAN TWENTY-FOUR
POINT BOLDFACE TYPE, WHICH READS: "NEW YORK LAW PROHIBITS ANY BUSINESS
ESTABLISHMENT FROM DISCRIMINATING, WITH RESPECT TO THE PRICE CHARGED FOR
SERVICES OF SIMILAR OR LIKE KIND, AGAINST A PERSON BECAUSE OF THE
PERSON'S GENDER. A COMPLETE PRICE LIST IS AVAILABLE UPON REQUEST."
(E) FOR THE PURPOSES OF THIS SUBDIVISION, "STANDARD SERVICE" MEANS THE
FIFTEEN MOST FREQUENTLY REQUESTED SERVICES PROVIDED BY THE BUSINESS.
6. (A) THE ATTORNEY GENERAL MAY ISSUE A NOTICE DIRECTING THE CESSATION
OF ANY CONDUCT BY A PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION, OR
OTHER BUSINESS ENTITY WHICH THE ATTORNEY GENERAL HAS REASON TO BELIEVE
HAS VIOLATED THIS SECTION. IF ANY PERSON, FIRM, PARTNERSHIP, COMPANY,
CORPORATION, OR OTHER BUSINESS ENTITY FAILS TO SUBMIT EVIDENCE DEMON-
STRATING DIFFERENCES IN THE AMOUNT OF TIME, DIFFICULTY OR COST INCURRED
IN MANUFACTURING SUCH PRODUCT OR OFFERING SUCH SERVICE WITHIN FIVE BUSI-
NESS DAYS AFTER SERVICE OF SUCH NOTICE, OR IF THE ATTORNEY GENERAL
DETERMINES THAT SUCH EVIDENCE FAILS TO DEMONSTRATE LEGALLY EXCUSABLE
DIFFERENCES PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION, THE ATTOR-
NEY GENERAL MAY BRING AN ACTION IN THE NAME AND ON BEHALF OF THE PEOPLE
OF THE STATE OF NEW YORK TO ENJOIN SUCH ACTS AND TO OBTAIN RESTITUTION
OF ANY MONEYS OR PROPERTY OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH
UNLAWFUL ACTS. IN SUCH ACTION PRELIMINARY RELIEF MAY BE GRANTED UNDER
ARTICLE SIXTY-THREE OF THE CIVIL PRACTICE LAW AND RULES. IN ANY SUCH
PROCEEDING, THE COURT SHALL IMPOSE A CIVIL PENALTY IN AN AMOUNT NOT TO
EXCEED TWENTY-FIVE THOUSAND DOLLARS.
(B) BEFORE ANY VIOLATION OF THIS SECTION IS SOUGHT TO BE ENJOINED, THE
ATTORNEY GENERAL SHALL BE REQUIRED TO GIVE THE PERSON AGAINST WHOM SUCH
PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED MAIL AND AN OPPORTUNITY
TO SHOW IN WRITING WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF NOTICE WHY
PROCEEDINGS SHOULD NOT BE INSTITUTED AGAINST HIM, UNLESS THE ATTORNEY
GENERAL SHALL FIND, IN ANY CASE IN WHICH HE SEEKS PRELIMINARY RELIEF,
THAT TO GIVE SUCH NOTICE AND OPPORTUNITY IS NOT IN THE PUBLIC INTEREST.
(C) IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN SUCH PERSON'S OWN
NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER ACTU-
AL DAMAGES OR FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS.
THE COURT MAY, IN ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN
AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND
DOLLARS, IF THE COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY
VIOLATED THIS SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO
A PREVAILING PLAINTIFF.
(D) THE ATTORNEY GENERAL SHALL HAVE POWER AT ALL TIMES, EITHER
PERSONALLY OR BY HIS OR HER DEPUTIES, TO SUBPOENA WITNESSES, TO COMPEL
THEIR ATTENDANCE, TO ADMINISTER AN OATH, TO EXAMINE ANY PERSON UNDER
OATH AND TO REQUIRE THE PRODUCTION OF ANY RELEVANT BOOKS OR PAPERS. SUCH
EXAMINATION MAY BE CONDUCTED ON ANY SUBJECT RELATING TO THE DUTIES
IMPOSED UPON, OR THE POWERS VESTED IN, THE ATTORNEY GENERAL UNDER THE
PROVISIONS OF THIS SECTION. ANY PERSON, FIRM, PARTNERSHIP, COMPANY,
CORPORATION, OR OTHER BUSINESS ENTITY WHICH FAILS TO OBEY THE COMMAND OF
A SUBPOENA WITHOUT REASONABLE EXCUSE OR REFUSES, WITHOUT REASONABLE
CAUSE, TO BE SWORN OR TO BE EXAMINED OR TO ANSWER A QUESTION OR TO
PRODUCE A BOOK OR PAPER WHEN ORDERED SO TO DO BY THE OFFICER DULY
CONDUCTING SUCH INQUIRY, OR FAILS TO PERFORM ANY ACT REQUIRED HEREUNDER
TO BE PERFORMED, SHALL BE GUILTY OF A MISDEMEANOR AND SHALL ALSO BE
SUBJECT TO THE COMPULSIONS PROVIDED BY THE CIVIL PRACTICE LAW AND RULES.
S. 7508 68 A. 9508
ANY OFFICER PARTICIPATING IN SUCH INQUIRY AND ANY PERSON EXAMINED AS A
WITNESS UPON SUCH INQUIRY WHO SHALL DISCLOSE TO ANY PERSON OTHER THAN
THE ATTORNEY GENERAL THE NAME OF ANY WITNESS EXAMINED OR ANY OTHER
INFORMATION OBTAINED UPON SUCH INQUIRY, EXCEPT AS DIRECTED BY THE ATTOR-
NEY GENERAL, SHALL BE GUILTY OF A MISDEMEANOR.
(E) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL MONIES RECOVERED OR
OBTAINED UNDER THIS ARTICLE BY A STATE AGENCY OR STATE OFFICIAL OR
EMPLOYEE ACTING IN THEIR OFFICIAL CAPACITY SHALL BE SUBJECT TO SUBDIVI-
SION ELEVEN OF SECTION FOUR OF THE STATE FINANCE LAW.
7. THE ATTORNEY GENERAL MAY ADOPT AND PROMULGATE RULES AS MAY BE
NECESSARY IN CARRYING OUT THE PROVISIONS OF THIS SECTION.
§ 2. Separability clause; construction. If any part or provision of
this act or the application thereof to any person or circumstances be
adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part, provision or application
directly involved in the controversy in which such judgment shall have
been rendered and shall not affect or impair the validity of the remain-
der of this act or the application thereof to other provisions or
circumstances.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART T
Section 1. The general business law is amended by adding a new article
40 to read as follows:
ARTICLE 40
TELEPHONE CALL ABUSE PREVENTION
SECTION 900. SHORT TITLE.
901. DEFINITIONS.
902. TELEMARKETING SALES CALLS MANDATES, PROHIBITIONS, AND DO
NOT CALL REGISTRY.
903. TELEPHONE CALL AUTHENTICATION FRAMEWORK.
904. TELEPHONE CALL BLOCKING.
905. USE OF AUTOMATIC TELEPHONE DIALING SYSTEMS AND PLACEMENT OF
CONSUMER TELEPHONE CALLS.
906. TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION ACT.
§ 900. SHORT TITLE. THIS ARTICLE MAY BE CITED AS THE "TELEPHONE CALL
ABUSE PREVENTION ACT".
§ 901. DEFINITIONS. UNLESS OTHERWISE INDICATED, AS USED IN THIS ARTI-
CLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
2. "SECRETARY" MEANS THE SECRETARY OF STATE.
3. "CUSTOMER" MEANS ANY NATURAL PERSON WHO IS OR MAY BE REQUIRED TO
PAY FOR OR TO EXCHANGE CONSIDERATION FOR GOODS AND SERVICES OFFERED
THROUGH TELEMARKETING.
4. "DOING BUSINESS IN THIS STATE" MEANS CONDUCTING TELEPHONIC SALES
CALLS: A. FROM A LOCATION IN THIS STATE; OR B. FROM A LOCATION OUTSIDE
OF THIS STATE TO CONSUMERS RESIDING IN THIS STATE.
5. "GOODS AND SERVICES" MEANS ANY GOODS AND SERVICES, AND SUCH TERM
SHALL INCLUDE ANY REAL PROPERTY OR ANY TANGIBLE PERSONAL PROPERTY OR
SERVICES OF ANY KIND.
S. 7508 69 A. 9508
6. "NEGATIVE OPTION FEATURE" MEANS, IN AN OFFER OR AGREEMENT TO SELL
OR PROVIDE ANY GOODS OR SERVICES, A PROVISION UNDER WHICH THE CUSTOMER'S
SILENCE OR FAILURE TO TAKE AN AFFIRMATIVE ACTION TO REJECT SUCH GOODS OR
SERVICES OR TO CANCEL THE AGREEMENT IS INTERPRETED BY THE SELLER AS
ACCEPTANCE OF THE OFFER.
7. "PERSON" MEANS ANY NATURAL PERSON, ASSOCIATION, PARTNERSHIP, FIRM,
OR CORPORATION AND ITS AFFILIATES OR SUBSIDIARIES, OR OTHER BUSINESS
ENTITY.
8. "TELEMARKETER" MEANS ANY PERSON WHO, FOR FINANCIAL PROFIT OR
COMMERCIAL PURPOSES IN CONNECTION WITH TELEMARKETING, A. MAKES TELEMAR-
KETING SALES CALLS OR ELECTRONIC MESSAGING TEXTS TO A CUSTOMER WHEN THE
CUSTOMER IS IN THIS STATE, B. DIRECTLY CONTROLS OR SUPERVISES THE
CONDUCT OF A TELEMARKETER, OR C. INTENTIONALLY AIDS A TELEMARKETER TO
ENGAGE IN TELEMARKETING. FOR THE PURPOSES OF THIS ARTICLE, "COMMERCIAL
PURPOSES" SHALL MEAN THE SALE OR OFFER FOR SALE OF GOODS OR SERVICES.
9. "TELEMARKETING" MEANS ANY PLAN, PROGRAM OR CAMPAIGN THAT IS
CONDUCTED TO INDUCE PAYMENT OR THE EXCHANGE OF ANY OTHER CONSIDERATION
FOR ANY GOODS OR SERVICES, THAT INVOLVES ONE OR MORE TELEPHONE CALLS OR
ELECTRONIC MESSAGING TEXTS BY A TELEMARKETER IN WHICH THE CUSTOMER IS
LOCATED WITHIN THE STATE AT THE TIME OF THE CALL. TELEMARKETING ALSO
INCLUDES THE ACCEPTANCE OR COLLECTION OF INFORMATION OBTAINED FROM TELE-
PHONE CALLS OR ELECTRONIC MESSAGING TEXTS WITH THE INTENT OF PROVIDING
IT TO A THIRD PARTY WHO ACCEPTS OR COLLECTS THE INFORMATION TO ENGAGE IN
TELEMARKETING. TELEMARKETING DOES NOT INCLUDE THE SOLICITATION OF SALES
THROUGH MEDIA OTHER THAN BY TELEPHONE CALLS OR ELECTRONIC MESSAGING TEXT
AND DOES NOT INCLUDE CALLS OR ELECTRONIC MESSAGING TEXTS INTENDED TO
IMPLEMENT OR COMPLETE A TRANSACTION TO WHICH THE CUSTOMER HAS PREVIOUSLY
CONSENTED.
10. "TELEMARKETING SALES CALL" MEANS A TELEPHONE CALL OR ELECTRONIC
MESSAGING TEXT, MADE DIRECTLY OR INDIRECTLY BY A TELEMARKETER OR BY ANY
OUTBOUND TELEPHONE CALLING TECHNOLOGY THAT DELIVERS A PRERECORDED
MESSAGE TO A CUSTOMER OR TO A CUSTOMER'S VOICEMAIL OR ANSWERING MACHINE
SERVICE, IN WHICH SUCH TELEPHONE CALL OR ELECTRONIC MESSAGING TEXT IS
FOR THE PURPOSE OF INDUCING PAYMENT OR THE EXCHANGE OF ANY OTHER CONSID-
ERATION FOR ANY GOODS OR SERVICES.
11. "UNSOLICITED TELEMARKETING SALES CALL" MEANS ANY TELEMARKETING
SALES CALL OTHER THAN A CALL MADE:
A. IN RESPONSE TO AN EXPRESS WRITTEN OR VERBAL REQUEST BY THE CUSTOM-
ER; OR
B. IN CONNECTION WITH AN ESTABLISHED BUSINESS RELATIONSHIP, WHICH HAS
NOT BEEN TERMINATED BY EITHER PARTY, UNLESS SUCH CUSTOMER HAS STATED TO
THE TELEMARKETER THAT SUCH CUSTOMER NO LONGER WISHES TO RECEIVE THE
TELEMARKETING SALES CALLS OF SUCH TELEMARKETER.
12. "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED BY
A CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE NUMBER AND NAME
OF THE PERSON CALLING.
13. "CALLER IDENTIFICATION SERVICE" MEANS A SERVICE THAT ALLOWS A
TELEPHONE SUBSCRIBER TO HAVE THE TELEPHONE NUMBER, AND, WHERE AVAILABLE,
NAME OF THE CALLING PARTY TRANSMITTED CONTEMPORANEOUSLY WITH THE TELE-
PHONE CALL, AND THAT IS DISPLAYED ON A DEVICE IN OR CONNECTED TO THE
SUBSCRIBER'S TELEPHONE.
14. "ELECTRONIC MESSAGING TEXT" MEANS REAL-TIME OR NEAR REAL-TIME
NON-VOICE MESSAGES IN TEXT FORM OVER COMMUNICATIONS NETWORKS, AND
INCLUDES THE TRANSMISSION OF WRITING, SIGNS, SIGNALS, PICTURES, AND
SOUNDS OF ALL KINDS BY AID OF WIRE, CABLE OR OTHER LIKE CONNECTION
BETWEEN THE POINTS OF ORIGIN AND RECEPTION OF SUCH TRANSMISSION.
S. 7508 70 A. 9508
15. "AREA CODE" MEANS THE FIRST THREE DIGITS OF THE TEN-DIGIT TELE-
PHONE NUMBER.
16. "ENTITY SPECIFIC 'DO-NOT-CALL' LIST" MEANS THE LIST OF TELEPHONE
NUMBERS PROVIDED DIRECTLY TO THE TELEMARKETER BY THE OWNERS OF THE TELE-
PHONE NUMBERS FOR THE PURPOSE OF BEING REMOVED FROM ANY FUTURE TELEMAR-
KETING CALLS.
17. "AUTOMATIC NUMBER IDENTIFICATION" MEANS ANY DATA MESSAGE, PROTOCOL
OR PART THEREOF WHICH COMMUNICATES THE TELEPHONE NUMBER TO BE DISPLAYED
ON THE CALLER IDENTIFICATION OF THE TELEPHONE CALL RECIPIENT. AUTOMATIC
NUMBER IDENTIFICATION INCLUDES A CALLING PARTY NUMBER, INITIAL ADDRESS
MESSAGE, AND CALLING LINE IDENTIFICATION.
18. "NEW YORK STATE AUTOMATIC NUMBER IDENTIFICATION" MEANS ANY AUTO-
MATIC NUMBER IDENTIFICATION WITH AN AREA CODE DESIGNATED BY THE NORTH
AMERICAN NUMBERING PLAN TO COVER LOCATIONS IN NEW YORK STATE.
19. "NORTH AMERICAN NUMBERING PLAN" HAS THE MEANING ASCRIBED TO IT BY
FEDERAL COMMUNICATIONS COMMISSION REGULATIONS, DEFINED IN 47 C.F.R.
SECTION 52.5(D).
20. "PUBLIC SWITCHED TELEPHONE NETWORK" MEANS ALL TELEPHONES, MOBILE
TELEPHONES AND DEVICES ASSIGNED PHONE NUMBERS FROM THE NORTH AMERICAN
NUMBERING PLAN.
21. "VOICE SERVICE" HAS THE MEANING ASCRIBED TO SUCH TERM BY THE
FEDERAL TELEPHONE ROBOCALL ABUSE CRIMINAL ENFORCEMENT AND DETERRENCE ACT
(TRACED) (PUBLIC LAW NO.116-105), OR ANY SUCCESSIVE FEDERAL LAW THAT
AMENDS SUCH TERM.
22. "VOICE SERVICE PROVIDER" MEANS ANY PERSON WHO PROVIDES VOICE
SERVICES TO SUBSCRIBERS IN THE STATE UTILIZING ANY TECHNOLOGY, REGARD-
LESS OF WHETHER SUCH PROVIDER IS REGULATED PURSUANT TO THE PUBLIC
SERVICE LAW.
23. "AUTOMATIC TELEPHONE DIALING SYSTEM" MEANS EQUIPMENT, SOFTWARE, OR
OTHER TECHNOLOGY USED TO MAKE PRE-RECORDED CALLS, EXCEPT FOR EQUIPMENT
THAT REQUIRES A HUMAN TO DIAL OR PLACE EACH INDIVIDUAL CALL ONE CALL AT
A TIME AND REQUIRES SUCH HUMAN TO THEN REMAIN ON EACH CALL.
24. "AUTO-DIALED CALL" MEANS ANY TELEPHONE CALL INITIATED BY AN AUTO-
MATIC TELEPHONE DIALING SYSTEM.
25. "SHAKEN" MEANS SIGNATURE-BASED HANDLING OF ASSERTED INFORMATION
USING TOKENS.
26. "STIR" MEANS SECURE TELEPHONE IDENTITY REVISITED.
27. "STIR/SHAKEN AUTHENTICATION FRAMEWORK" MEANS THE DIGITAL CERTIF-
ICATE SCHEME TO VERIFY AND AUTHENTICATE CALLER IDENTIFICATION FOR CALLS
CARRIED OVER AN INTERNET PROTOCOL (IP) NETWORK, BASED UPON STANDARDS
DEVELOPED BY STAKEHOLDERS OF THE INFORMATION AND COMMUNICATIONS TECHNOL-
OGY INDUSTRY, AS REFERENCED IN THE NOTICE OF INQUIRY OF THE FEDERAL
COMMUNICATIONS COMMISSION, 32 FCC RCD 5988.
28. "POOLING ADMINISTRATOR" MEANS THE THOUSANDS-BLOCK POOLING ADMINIS-
TRATOR AS IDENTIFIED IN 47 C.F.R. § 52.20.
29. "CONSUMER" MEANS A NATURAL PERSON WHO IS SOLICITED TO PURCHASE,
LEASE OR RECEIVE A GOOD OR SERVICE FOR PERSONAL, FAMILY OR HOUSEHOLD
USE.
30. "CONSUMER TELEPHONE CALL" MEANS A CALL MADE TO A TELEPHONE NUMBER
BY A TELEPHONE SOLICITOR, WHETHER BY DEVICE, LIVE OPERATOR, OR ANY
COMBINATION THEREOF, FOR THE PURPOSE OF SOLICITING A SALE OF ANY CONSUM-
ER GOODS OR SERVICES FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES TO THE
CONSUMER CALLED, OR FOR THE PURPOSE OF SOLICITING AN EXTENSION OF CREDIT
FOR CONSUMER GOODS OR SERVICES TO THE CONSUMER CALLED, OR FOR THE
PURPOSE OF OBTAINING INFORMATION THAT WILL OR MAY BE USED FOR THE DIRECT
SOLICITATION OF A SALE OF CONSUMER GOODS OR SERVICES TO THE CONSUMER
S. 7508 71 A. 9508
CALLED OR AN EXTENSION OF CREDIT FOR SUCH PURPOSES; PROVIDED, HOWEVER,
THAT "CONSUMER TELEPHONE CALL" SHALL NOT INCLUDE A CALL MADE BY A TELE-
PHONE CORPORATION, AS DEFINED BY SUBDIVISION SEVENTEEN OF SECTION TWO OF
THE PUBLIC SERVICE LAW, IN RESPONSE TO A SPECIFIC INQUIRY INITIATED BY A
CONSUMER REGARDING THAT CONSUMER'S EXISTING OR REQUESTED TELEPHONE
SERVICE.
31. "TELEPHONE SOLICITOR" MEANS A PERSON WHO MAKES OR CAUSES TO BE
MADE A CONSUMER TELEPHONE CALL.
32. "APPLICANT" MEANS A PERSON SEEKING A CERTIFICATE OF REGISTRATION
OR TO RENEW A CERTIFICATE OF REGISTRATION UNDER THIS SECTION.
33. "INVESTMENT OPPORTUNITY" MEANS ANYTHING TANGIBLE OR INTANGIBLE,
THAT IS OFFERED FOR SALE, SOLD, OR TRADED BASED WHOLLY OR IN PART ON
REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, ABOUT PAST, PRESENT, OR
FUTURE INCOME, PROFIT, OR APPRECIATION.
34. "PREMIUM" MEANS ANYTHING OFFERED OR GIVEN, INDEPENDENT OF CHANCE,
TO CUSTOMERS AS AN INCENTIVE TO PURCHASE OR OTHERWISE CONTRACT FOR GOODS
OR SERVICES OFFERED THROUGH TELEMARKETING.
35. "PRINCIPAL" MEANS ANY PERSON PARTICIPATING IN OR RESPONSIBLE FOR
THE MANAGEMENT OF A TELEMARKETER'S BUSINESS, WHETHER OR NOT THE POSITION
IS COMPENSATED, INCLUDING BUT NOT LIMITED TO AN OWNER IN THE CASE OF A
SOLE PROPRIETORSHIP, AN OFFICER, DIRECTOR OR STOCKHOLDER HOLDING MORE
THAN TEN PERCENT OF THE OUTSTANDING STOCK IN THE CASE OF A CORPORATION,
A PARTNER IN THE CASE OF A PARTNERSHIP, AND A MANAGER OR MEMBER IN THE
CASE OF A LIMITED LIABILITY COMPANY.
36. "PRIZE" MEANS ANYTHING OFFERED OR PURPORTEDLY OFFERED AND GIVEN OR
PURPORTEDLY GIVEN TO A PERSON BY CHANCE. FOR PURPOSES OF THIS DEFI-
NITION, CHANCE EXISTS IF A PERSON IS GUARANTEED TO RECEIVE AN ITEM AND,
AT THE TIME OF THE OFFER OR PURPORTED OFFER, THE TELEMARKETER DOES NOT
IDENTIFY THE SPECIFIC ITEM THAT THE PERSON WILL RECEIVE.
37. "PRIZE PROMOTION" MEANS A SWEEPSTAKES OR OTHER GAME OF CHANCE OR
AN ORAL OR WRITTEN, EXPRESS OR IMPLIED REPRESENTATION THAT A PERSON HAS
WON, HAS BEEN SELECTED TO RECEIVE OR IS ELIGIBLE OR MAY BE ELIGIBLE TO
RECEIVE A PRIZE OR PURPORTED PRIZE.
§ 902. TELEMARKETING SALES CALLS MANDATES, PROHIBITIONS, AND DO NOT
CALL REGISTRY. 1. NO TELEMARKETER OR SELLER SHALL ENGAGE IN TELEMARKET-
ING AT ANY TIME OTHER THAN BETWEEN 8:00 A.M. AND 9:00 P.M. AT THE
LOCATION OF THE CUSTOMER UNLESS THE CUSTOMER HAS GIVEN HIS OR HER
EXPRESS CONSENT TO THE CALL AT A DIFFERENT TIME. TELEMARKETERS SHALL
PROVIDE, IN A CLEAR AND COHERENT MANNER USING WORDS WITH COMMON AND
EVERYDAY MEANINGS, AT THE BEGINNING OF EACH TELEMARKETING SALES CALL ALL
OF THE FOLLOWING INFORMATION:
A. THE TELEMARKETER'S NAME AND THE PERSON ON WHOSE BEHALF THE SOLIC-
ITATION IS BEING MADE, IF OTHER THAN THE TELEMARKETER;
B. THE PURPOSE OF THE TELEPHONE CALL;
C. THE IDENTITY OF THE GOODS OR SERVICES FOR WHICH A FEE WILL BE
CHARGED; AND
D. WHETHER THE CALL IS BEING RECORDED.
2. IT SHALL BE UNLAWFUL FOR ANY TELEMARKETER OR SELLER TO KNOWINGLY
CAUSE ANY VOICE SERVICE PROVIDING CALLER IDENTIFICATION SERVICE TO TRAN-
SMIT MISLEADING, INACCURATE, OR FALSE CALLER IDENTIFICATION INFORMATION,
PROVIDED THAT IT SHALL NOT BE A VIOLATION TO SUBSTITUTE (FOR THE NAME
AND PHONE NUMBER USED IN, OR BILLED FOR, MAKING THE CALL) THE NAME OR
TELEPHONE NUMBER OF THE PERSON OR SELLER ON BEHALF OF WHICH A TELEMAR-
KETING CALL IS PLACED.
3. PRIOR TO THE PURCHASE OF ANY GOOD OR SERVICE, TELEMARKETERS SHALL
DISCLOSE TO THE CUSTOMER THE COST OF THE GOODS OR SERVICES THAT ARE THE
S. 7508 72 A. 9508
SUBJECT OF THE CALL AND IF THE OFFER INCLUDES A NEGATIVE OPTION FEATURE,
ALL MATERIAL TERMS AND CONDITIONS OF THE NEGATIVE OPTION FEATURE,
INCLUDING, BUT NOT LIMITED TO THE FACT THAT THE CUSTOMER'S ACCOUNT WILL
BE CHARGED UNLESS THE CUSTOMER TAKES AN AFFIRMATIVE ACTION TO AVOID THE
CHARGES, THE DATES THE CHARGES WILL BE SUBMITTED FOR PAYMENT, AND THE
SPECIFIC STEPS THE CUSTOMER MUST TAKE TO AVOID THE CHARGE.
4. A. THE DEPARTMENT IS AUTHORIZED TO ESTABLISH, MANAGE, AND MAINTAIN
A NO TELEMARKETING SALES CALLS STATEWIDE REGISTRY WHICH SHALL CONTAIN A
LIST OF CUSTOMERS WHO DO NOT WISH TO RECEIVE UNSOLICITED TELEMARKETING
SALES CALLS. THE DEPARTMENT MAY CONTRACT WITH A PRIVATE VENDOR TO ESTAB-
LISH, MANAGE AND MAINTAIN SUCH REGISTRY, PROVIDED THE PRIVATE VENDOR HAS
MAINTAINED NATIONAL NO TELEMARKETING SALES CALLS REGISTRIES FOR MORE
THAN TWO YEARS, AND THE CONTRACT REQUIRES THE VENDOR TO PROVIDE THE NO
TELEMARKETING SALES CALLS REGISTRY IN A PRINTED HARD COPY FORMAT AND IN
ANY OTHER FORMAT AS PRESCRIBED BY THE DEPARTMENT.
B. THE DEPARTMENT IS AUTHORIZED TO HAVE THE NATIONAL DO NOT CALL
REGISTRY ESTABLISHED, MANAGED AND MAINTAINED BY THE FEDERAL TRADE
COMMISSION PURSUANT TO 15 U.S.C. 6151, AND REFERENCED BY 16 C.F.R.
SECTION 310.4 (B)(1)(III)(B), TO SERVE AS THE NEW YORK STATE NO TELEMAR-
KETING SALES CALLS STATEWIDE REGISTRY PROVIDED FOR BY THIS SECTION. THE
DEPARTMENT IS FURTHER AUTHORIZED TO TAKE WHATEVER ADMINISTRATIVE ACTIONS
MAY BE NECESSARY OR APPROPRIATE FOR SUCH TRANSITION INCLUDING, BUT NOT
LIMITED TO, PROVIDING THE TELEPHONE NUMBERS OF NEW YORK CUSTOMERS REGIS-
TERED ON THE NO TELEMARKETING SALES CALLS STATEWIDE REGISTRY TO THE
FEDERAL TRADE COMMISSION, FOR INCLUSION ON THE NATIONAL DO NOT CALL
REGISTRY.
5. NO TELEMARKETER OR SELLER MAY MAKE OR CAUSE TO BE MADE ANY UNSOLIC-
ITED TELEMARKETING SALES CALL TO ANY CUSTOMER WHEN THAT CUSTOMER'S TELE-
PHONE NUMBER HAS BEEN ON THE NATIONAL DO NOT CALL REGISTRY, ESTABLISHED
BY THE FEDERAL TRADE COMMISSION, FOR A PERIOD OF THIRTY-ONE DAYS PRIOR
TO THE DATE THE CALL IS MADE, PURSUANT TO 16 C.F.R. SECTION
310.4(B)(1)(III)(B).
6. IT SHALL BE UNLAWFUL FOR ANY TELEMARKETER DOING BUSINESS IN THIS
STATE TO MAKE AN UNSOLICITED TELEMARKETING SALES CALL TO ANY PERSON IN A
COUNTY, CITY, TOWN OR VILLAGE KNOWINGLY UNDER A DECLARED STATE OF EMER-
GENCY OR DISASTER EMERGENCY AS DESCRIBED IN SECTION TWENTY-FOUR OR TWEN-
TY-EIGHT OF THE EXECUTIVE LAW.
7. NO TELEMARKETER OR SELLER SHALL INITIATE ANY TELEMARKETING SALES
CALL BY MEANS OF A TECHNOLOGY THAT DELIVERS A PRE-RECORDED MESSAGE,
UNLESS THE TELEMARKETER OR SELLER HAS OBTAINED FROM THE CUSTOMER AN
EXPRESS AGREEMENT, IN WRITING. NO SUCH AGREEMENT SHALL AUTHORIZE ANY
TELEMARKETING SALES CALLS MORE THAN THIRTY DAYS AFTER EXECUTION OF THE
AGREEMENT, AND THE AGREEMENT MUST PROVIDE THAT:
A. THE TELEMARKETER OR SELLER OBTAINED ONLY AFTER A CLEAR AND CONSPIC-
UOUS DISCLOSURE, USING PLAIN LANGUAGE AND PRINTED IN TYPE NO LESS THAN
TWELVE-POINT TYPE, THAT THE PURPOSE OF THE AGREEMENT IS TO AUTHORIZE THE
SELLER TO MAKE TELEMARKETING SALES CALLS TO SUCH CUSTOMER;
B. THE TELEMARKETER OR SELLER OBTAINED WITHOUT REQUIRING, DIRECTLY OR
INDIRECTLY, THAT THE AGREEMENT BE EXECUTED AS A CONDITION OF PURCHASING
ANY GOOD OR SERVICE;
C. EVIDENCES THE WILLINGNESS OF THE CUSTOMER TO RECEIVE TELEMARKETING
SALES CALLS BY OR MADE ON BEHALF OF A SPECIFIC SELLER;
D. INCLUDES SUCH CUSTOMER'S TELEPHONE NUMBER AND SIGNATURE;
E. IS DISPLAYED BEFORE ANY MECHANISM OFFERED TO THE CUSTOMER TO VERIFY
OR ACKNOWLEDGE CONSENT; AND
F. CONTAINS THE FOLLOWING LANGUAGE:
S. 7508 73 A. 9508
(I) "THIS EXPRESS AGREEMENT APPLIES ONLY BETWEEN THE CUSTOMER AND THE
SPECIFIC ENTITY OFFERING THE AGREEMENT, AND ANY NAMED PARTNER OR AFFIL-
IATE ENTITY."
(II) "BY CLICKING OR OTHERWISE ACKNOWLEDGING AGREEMENT, I UNDERSTAND
THAT I CONSENT TO AND MAY RECEIVE TELEMARKETING SALES CALLS EVEN IF I
HAVE PREVIOUSLY ENTERED MY NUMBER ON THE NATIONAL DO NOT CALL REGISTRY
MAINTAINED BY THE FEDERAL TRADE COMMISSION."
8. NO TELEMARKETER OR SELLER MAY INITIATE ANY TELEPHONE CALL USING AN
AUTOMATIC TELEPHONE DIALING SYSTEM OR AN ARTIFICIAL OR PRE-RECORDED
VOICE, WITHOUT PRIOR EXPRESS AND VERIFIABLE CONSENT FROM THE PERSON
RECEIVING THE CALL.
9. IN THE CASE OF ANY TELEMARKETING SALES CALL DELIVERED BY MEANS OF A
TECHNOLOGY THAT DELIVERS A PRE-RECORDED MESSAGE THAT COULD BE RECEIVED
BY A CUSTOMER WHO CAN USE AN AUTOMATED INTERACTIVE VOICE AND/OR KEYPRESS
ACTIVATED OPT-OUT MECHANISM TO ASSERT A DO NOT CALL REQUEST, SUCH CALL
SHALL INCLUDE A MECHANISM THAT ALLOWS THE CUSTOMER TO AUTOMATICALLY ADD
THE NUMBER CALLED TO THE SELLER'S ENTITY SPECIFIC DO NOT CALL LIST, AND
WHICH MECHANISM, ONCE INVOKED, IMMEDIATELY ENDS THE CALL.
10. IN THE CASE OF ANY TELEMARKETING SALES CALL DELIVERED BY MEANS OF
A TECHNOLOGY THAT DELIVERS A PRE-RECORDED MESSAGE THAT COULD BE ANSWERED
BY AN ANSWERING MACHINE OR VOICEMAIL SERVICE, THAT THE CALL INCLUDE A
TOLL-FREE NUMBER THAT MUST CONNECT THE CUSTOMER DIRECTLY TO AN AUTOMATED
INTERACTIVE VOICE OR KEYPRESS ACTIVATED OPT-OUT MECHANISM THAT ALLOWS
THE CONSUMER TO AUTOMATICALLY ADD THE NUMBER CALLED TO THE SELLER'S
ENTITY SPECIFIC DO NOT CALL LIST, AND WHICH MECHANISM, ONCE INVOKED,
IMMEDIATELY ENDS THE CALL.
11. IN THE CASE OF ANY TELEMARKETING SALES CALL MADE BY A NATURAL
PERSON, THE TELEMARKETER OR SELLER SHALL INFORM THE CUSTOMER THAT HE OR
SHE MAY REQUEST THAT HIS OR HER TELEPHONE NUMBER BE ADDED TO THE SELL-
ER'S ENTITY SPECIFIC DO NOT CALL LIST. IF THE CUSTOMER OPTS TO DO SO,
THE TELEMARKETER OR SELLER SHALL IMMEDIATELY END THE CALL AND SHALL ADD
THE NUMBER CALLED TO SUCH LIST OR CAUSE THE NUMBER CALLED TO BE ADDED TO
SUCH LIST.
12. NO TELEMARKETER OR SELLER SHALL TRANSMIT, SHARE, OR OTHERWISE MAKE
AVAILABLE ANY CUSTOMER'S CONTACT INFORMATION, INCLUDING NAME, TELEPHONE
NUMBER, OR EMAIL ADDRESS, WHICH HAS BEEN PROVIDED TO SUCH TELEMARKETER
OR SELLER BY SUCH CUSTOMER, TO ANY PERSON, CORPORATION, OR OTHER ENTITY
WITHOUT THE EXPRESS AGREEMENT OF THE CONSUMER IN WRITING OR IN ELECTRON-
IC FORMAT, UNLESS OTHERWISE REQUIRED BY LAW, OR PURSUANT TO A LAWFUL
SUBPOENA OR COURT ORDER. NO SUCH AGREEMENT SHALL AUTHORIZE A TELEMARKET-
ER OR SELLER TO TRANSMIT, SHARE, OR OTHERWISE MAKE AVAILABLE SUCH
CONSUMER'S CONTACT INFORMATION FOR MORE THAN THIRTY DAYS AFTER EXECUTION
OF SUCH AGREEMENT.
13. TELEMARKETERS AND SELLERS SHALL KEEP FOR A PERIOD OF TWENTY-FOUR
MONTHS FROM THE DATE THE RECORD IS CREATED RECORDS RELATING TO ITS TELE-
MARKETING ACTIVITIES.
14. A. THE DEPARTMENT SHALL PROVIDE NOTICE TO CUSTOMERS OF THE ESTAB-
LISHMENT OF THE NATIONAL DO NOT CALL REGISTRY. ANY CUSTOMER WHO WISHES
TO BE INCLUDED ON SUCH REGISTRY SHALL NOTIFY THE FEDERAL TRADE COMMIS-
SION AS DIRECTED BY RELEVANT FEDERAL REGULATIONS.
B. ANY COMPANY THAT PROVIDES LOCAL TELEPHONE DIRECTORIES TO CUSTOMERS
IN THIS STATE SHALL INFORM ITS CUSTOMERS OF THE PROVISIONS OF THIS
SECTION BY MEANS OF PUBLISHING A NOTICE IN SUCH LOCAL TELEPHONE DIRECTO-
RIES AND ON ANY WEBSITE AND SOCIAL MEDIA PAGE OWNED, OPERATED OR OTHER-
WISE AUTHORIZED BY SUCH COMPANY.
S. 7508 74 A. 9508
15. WHEN THE DEPARTMENT HAS REASON TO BELIEVE A PERSON HAS ENGAGED IN
REPEATED UNLAWFUL ACTS IN VIOLATION OF THIS SECTION, OR WHEN A NOTICE OF
HEARING HAS BEEN ISSUED PURSUANT TO SUBDIVISION SIXTEEN OF THIS SECTION,
THE DEPARTMENT MAY REQUEST IN WRITING THE PRODUCTION OF RELEVANT DOCU-
MENTS AND RECORDS AS PART OF ITS INVESTIGATION. IF THE PERSON UPON WHOM
SUCH REQUEST WAS MADE FAILS TO PRODUCE THE DOCUMENTS OR RECORDS WITHIN
FOURTEEN DAYS AFTER THE DATE OF THE REQUEST, THE DEPARTMENT MAY ISSUE
AND SERVE SUBPOENAS TO COMPEL THE PRODUCTION OF SUCH DOCUMENTS AND
RECORDS. IF ANY PERSON SHALL REFUSE TO COMPLY WITH A SUBPOENA ISSUED
UNDER THIS SECTION, THE DEPARTMENT MAY PETITION A COURT OF COMPETENT
JURISDICTION TO ENFORCE THE SUBPOENA, AND TO REQUEST A CIVIL PENALTY NOT
TO EXCEED ONE THOUSAND DOLLARS PER DAY, ACTUAL DAMAGES SUSTAINED BY
REASON OF THE FAILURE TO COMPLY AND SUCH SANCTIONS AS THE COURT MAY
DIRECT.
16. A. WHERE IT IS DETERMINED AFTER AN OPPORTUNITY FOR A HEARING THAT
ANY PERSON HAS VIOLATED ONE OR MORE PROVISIONS OF THIS SECTION, THE
SECRETARY, OR ANY PERSON DEPUTIZED OR SO DESIGNATED BY HIM OR HER, MAY
ASSESS A FINE NOT TO EXCEED TWENTY-TWO THOUSAND DOLLARS FOR EACH
VIOLATION.
B. ANY PROCEEDING CONDUCTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
SION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
C. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO RESTRICT ANY
RIGHT WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR AT COMMON
LAW.
17. THE DEPARTMENT SHALL PRESCRIBE RULES AND REGULATIONS TO ADMINISTER
THIS SECTION.
18. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART OF THIS SECTION SHALL
BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID, SUCH
JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF,
BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARA-
GRAPH OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH
JUDGMENT SHALL HAVE BEEN RENDERED.
§ 903. TELEPHONE CALL AUTHENTICATION FRAMEWORK. 1. NOT LATER THAN
JANUARY FIRST, TWO THOUSAND TWENTY-ONE:
A. A VOICE SERVICE PROVIDER SHALL IMPLEMENT THE STIR/SHAKEN AUTHENTI-
CATION FRAMEWORK, OR ALTERNATIVE TECHNOLOGY THAT PROVIDES COMPATIBLE OR
SUPERIOR CAPABILITY, TO VERIFY AND AUTHENTICATE CALLER IDENTIFICATION
INFORMATION IN THE INTERNET PROTOCOL NETWORKS OF TELEPHONE DIALING
SERVICE PROVIDERS.
B. A VOICE SERVICE PROVIDER SHALL TAKE REASONABLE MEASURES TO IMPLE-
MENT AN EFFECTIVE CALL AUTHENTICATION FRAMEWORK, OR ALTERNATIVE TECHNOL-
OGY THAT PROVIDES COMPATIBLE OR SUPERIOR CAPABILITY, TO VERIFY AND
AUTHENTICATE CALLER IDENTIFICATION INFORMATION IN THE NON-INTERNET
PROTOCOL NETWORKS OF THE VOICE SERVICE PROVIDER.
2. STIR/SHAKEN CERTIFICATE AUTHORITIES PROVIDING CREDENTIALS TO
COMMERCIAL, GOVERNMENT AND NOT-FOR-PROFIT ORGANIZATIONS USING NEW YORK
STATE AUTOMATIC NUMBER IDENTIFICATIONS SHALL BE RESPONSIBLE FOR INVESTI-
GATING AND VETTING THE ENTITIES THEY CERTIFY, AND SHALL PROVIDE THE
DEPARTMENT ANNUALLY WITH ALL INFORMATION REQUIRED UNDER THIS SUBDIVI-
SION. REQUIRED DUE DILIGENCE IN SELECTING AND MANAGING CERTIFICATE
RECIPIENTS SHALL INCLUDE A MINIMUM OF THE FOLLOWING:
A. BACKGROUND CHECKS WHICH ESTABLISH THAT THE ENTITY, ITS OFFICERS AND
PERSONS RESPONSIBLE FOR AUTHORIZING OFFICIAL ACTS OF SUCH ENTITY HAVE
NEVER BEEN CONVICTED OF FRAUDS, FELONIES OR OTHER SERIOUS OR RELEVANT
OFFENSES.
S. 7508 75 A. 9508
B. ESTABLISHMENT OF ONE OR MORE PHYSICAL ADDRESS LOCATIONS IN THE
UNITED STATES. ALL SUCH INFORMATION SHALL BE CONFIRMED AND UPDATED ANNU-
ALLY.
C. ANY PERSON ACTING AS A CERTIFICATE AUTHORITY SHALL PROVIDE A
PERSONAL ASSURANCE THAT THE CERTIFICATES WILL BE GRANTED IN A REPUTABLE
AND LAWFUL MANNER, AND ANY SUCH PERSON SHALL BE RESPONSIBLE JOINTLY AND
SEVERALLY FOR PENALTIES RELATED TO FRAUD OR WILLFUL VIOLATIONS.
3. WHERE THE FEDERAL COMMUNICATIONS COMMISSION HAS GRANTED A DELAY OF
REQUIRED COMPLIANCE FOR ANY PROVIDER OR CLASS OF PROVIDERS OF VOICE
SERVICE OR TYPE OF VOICE CALLS, COMPLIANCE UNDER PARAGRAPH B OF SUBDIVI-
SION ONE OF THIS SECTION MAY BE DELAYED, BUT ONLY TO THE EXTENT THAT
SUCH A PROVIDER OR CLASS OF PROVIDERS OF VOICE SERVICE OR TYPE OF VOICE
CALLS, MATERIALLY RELIES ON A NON-INTERNET PROTOCOL NETWORK FOR THE
PROVISION OF SUCH SERVICE OR CALLS, UNTIL A CALL AUTHENTICATION PROTOCOL
HAS BEEN DEVELOPED FOR CALLS DELIVERED OVER NON-INTERNET PROTOCOL
NETWORKS AND IS REASONABLY AVAILABLE.
4. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND THEREAFTER
AT LEAST ONCE EVERY THREE YEARS, ALL VOICE SERVICE PROVIDERS SHALL
REVIEW THE BEST AVAILABLE TECHNOLOGY TO AUTHENTICATE CALLER IDENTIFICA-
TION INFORMATION AND DEPLOY ANY SUCH TECHNOLOGY WHICH MAY BETTER ACCOM-
PLISH THE PURPOSE OF THIS SECTION. ANY SUCH UPGRADES SHALL BE DEPLOYED
TO ALL SUBSCRIBERS AS SOON AS FEASIBLE AND AT NO ADDITIONAL SURCHARGE OR
FEE TO SUCH SUBSCRIBERS.
5. DEPLOYMENT OF ANY CALL AUTHENTICATION TECHNOLOGY SHALL RESULT IN NO
ADDITIONAL SURCHARGE OR FEE TO THE SUBSCRIBER.
6. BY JULY THIRTY-FIRST OF THE YEAR FOLLOWING THE EFFECTIVE DATE OF
THIS SECTION, AND ANNUALLY THEREAFTER, EVERY VOICE SERVICE PROVIDER
SHALL FILE WITH BOTH THE DEPARTMENT, AND THE SECRETARY TO THE PUBLIC
SERVICE COMMISSION, A REPORT SETTING FORTH ITS DEPLOYMENT AND REVIEW OF
THE BEST AVAILABLE CALL AUTHENTICATION TECHNOLOGY REQUIRED BY THIS
SECTION, AS WELL AS ANY AVAILABLE UPGRADES THERETO AND DEPLOYMENT THERE-
OF TO PERSONS OR ENTITIES, AS WELL AS ANY OTHER INFORMATION THAT THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC SERVICE, MAY
REQUIRE. SUCH REPORT SHALL INCLUDE:
A. AN ANALYSIS OF THE EXTENT TO WHICH VOICE SERVICE PROVIDERS HAVE
IMPLEMENTED THE CALL AUTHENTICATION FRAMEWORKS DESCRIBED IN THIS
SECTION, INCLUDING WHETHER THE AVAILABILITY OF NECESSARY EQUIPMENT AND
EQUIPMENT UPGRADES HAS IMPACTED SUCH IMPLEMENTATION;
B. AN ASSESSMENT OF THE EFFICACY OF THE CALL AUTHENTICATION FRAMEWORKS
DESCRIBED IN PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION, IN ADDRESS-
ING ALL ASPECTS OF CALL AUTHENTICATION; AND
C. A SWORN STATEMENT BY A PRINCIPAL OR OFFICER OF THE VOICE SERVICE
PROVIDER THAT THE INFORMATION PROVIDED IS CURRENT AND ACCURATE.
7. ANY VOICE SERVICE PROVIDER THAT KNOWINGLY FAILS OR NEGLECTS TO
COMPLY WITH THIS SECTION, OR A RULE OR REGULATION ADOPTED THEREUNDER,
SHALL FORFEIT TO THE PEOPLE OF THE STATE OF NEW YORK A SUM NOT LESS THAN
TEN THOUSAND DOLLARS AND NO MORE THAN ONE HUNDRED THOUSAND DOLLARS
CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
OF A CONTINUING VIOLATION, EACH DAY SHALL BE DEEMED A SEPARATE AND
DISTINCT OFFENSE.
8. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY EITHER A. THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE
OF THE STATE OF NEW YORK, OR B. IN THE CASE OF A VOICE SERVICE PROVIDER
SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO A COURT
OR JUSTICE HAVING JURISDICTION, TO ISSUE AN INJUNCTION, AND UPON NOTICE
TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
S. 7508 76 A. 9508
CONTINUANCE OF SUCH VIOLATIONS, AND FOR THE ENFORCEMENT OF THE PENALTIES
PROVIDED IN THIS SECTION.
9. WHEN THE DEPARTMENT HAS REASON TO BELIEVE A PERSON OR VOICE SERVICE
PROVIDER HAS VIOLATED ANY PROVISION OF THIS SECTION, THE DEPARTMENT MAY
REQUEST IN WRITING THE PRODUCTION OF RELEVANT DOCUMENTS AND RECORDS. IF
THE PERSON UPON WHOM SUCH REQUEST WAS MADE FAILS TO PRODUCE THE DOCU-
MENTS OR RECORDS WITHIN FOURTEEN DAYS AFTER THE DATE OF THE REQUEST, THE
DEPARTMENT MAY ISSUE AND SERVE SUBPOENAS TO COMPEL THE PRODUCTION OF
SUCH DOCUMENTS AND RECORDS. IF ANY PERSON SHALL REFUSE TO COMPLY WITH A
SUBPOENA ISSUED UNDER THIS SECTION, THE DEPARTMENT MAY PETITION A COURT
OF COMPETENT JURISDICTION TO ENFORCE THE SUBPOENA AND, NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, TO REQUEST A CIVIL PENALTY NOT TO EXCEED ONE
THOUSAND DOLLARS PER DAY, ACTUAL DAMAGES SUSTAINED BY REASON OF THE
FAILURE TO COMPLY, AND SUCH SANCTIONS AS THE COURT MAY DIRECT.
10. THE PUBLIC SERVICE COMMISSION AND THE DEPARTMENT MAY PROMULGATE
ANY RULES OR REGULATIONS NECESSARY TO IMPLEMENT AND ENFORCE THE
PROVISIONS OF THIS SECTION.
§ 904. TELEPHONE CALL BLOCKING. 1. CONSISTENT WITH AUTHORIZATION
PROVIDED BY FEDERAL LAW AND RULES OR ORDERS OF THE FEDERAL COMMUNI-
CATIONS COMMISSION OR ITS SUCCESSORS:
A. VOICE SERVICE PROVIDERS SHALL OFFER SERVICES TO SUBSCRIBERS CAPABLE
OF BLOCKING CALLS MADE FROM AN AUTOMATIC TELEPHONE DIALING SYSTEM OR
USING AN ARTIFICIAL OR PRE-RECORDED VOICE TO A TELEPHONE OR OTHER
DEVICE, ON AN OPT-OUT BASIS. VOICE SERVICE PROVIDERS SHALL, IN A MANNER
THAT IS CLEAR FOR A SUBSCRIBER TO UNDERSTAND: (I) OFFER SUFFICIENT
INFORMATION TO SUBSCRIBERS SO THAT SUBSCRIBERS CAN MAKE AN INFORMED
CHOICE AS TO WHETHER THEY WISH TO OPT-OUT OF SUCH SERVICE; AND (II)
CLEARLY DISCLOSE TO SUBSCRIBERS WHAT TYPES OF CALLS MAY BE BLOCKED AND
THE RISKS OF BLOCKING WANTED CALLS.
B. VOICE SERVICE PROVIDERS SHALL BLOCK A CALL MADE TO A TELEPHONE OR
OTHER DEVICE WHEN THE SUBSCRIBER TO WHICH THE ORIGINATING NUMBER IS
ASSIGNED HAS REQUESTED THAT CALLS PURPORTING TO ORIGINATE FROM THAT
NUMBER BE BLOCKED BECAUSE THE NUMBER IS USED FOR INBOUND CALLS ONLY.
C. VOICE SERVICE PROVIDERS SHALL BLOCK CALLS MADE TO A TELEPHONE OR
OTHER DEVICE ORIGINATING FROM THE FOLLOWING NUMBERS:
(I) A NUMBER THAT IS NOT A VALID NORTH AMERICAN NUMBERING PLAN NUMBER;
(II) A VALID NORTH AMERICAN NUMBERING PLAN NUMBER THAT IS NOT ALLO-
CATED TO A PROVIDER BY THE NORTH AMERICAN NUMBERING PLAN ADMINISTRATOR
OR THE POOLING ADMINISTRATOR; AND
(III) A VALID NORTH AMERICAN NUMBERING PLAN NUMBER THAT IS ALLOCATED
TO A PROVIDER BY THE NORTH AMERICAN NUMBER PLAN ADMINISTRATOR OR POOLING
ADMINISTRATOR, BUT IS UNUSED, SO LONG AS THE PROVIDER BLOCKING THE CALLS
IS THE ALLOCATEE OF THE NUMBER AND CONFIRMS THAT THE NUMBER IS UNUSED OR
HAS OBTAINED VERIFICATION FROM THE ALLOCATEE THAT THE NUMBER IS UNUSED
AT THE TIME OF THE BLOCKING. AN UNUSED NUMBER IS A NUMBER THAT IS NOT
ASSIGNED TO A SUBSCRIBER OR OTHERWISE SET ASIDE FOR OUTBOUND CALL USE.
D. VOICE SERVICE PROVIDERS SHALL NOT BLOCK ANY CALL MADE TO A TELE-
PHONE OR OTHER DEVICE IF (I) THE CALL IS MADE FOR EMERGENCY ALERT
PURPOSES, OR (II) IT IS A CALL FROM A LAW ENFORCEMENT OR PUBLIC SAFETY
ENTITY.
E. PROVIDERS OF TELEPHONE DIALING SERVICE SHALL NOT BLOCK A VOICE CALL
TO A SUBSCRIBER WHO HAS REQUESTED THAT NO INBOUND CALLS BE BLOCKED.
2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE BLOCKING OF
INTERNATIONAL TELEPHONE CALLS FROM PURPORTED NON-NORTH AMERICAN NUMBER-
ING PLAN NUMBERS.
S. 7508 77 A. 9508
3. DEPLOYMENT OF ANY CALL BLOCKING SERVICES SHALL RESULT IN NO ADDI-
TIONAL SURCHARGE OR FEE TO THE SUBSCRIBER.
4. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND PERIOD-
ICALLY THEREAFTER, ALL VOICE SERVICE PROVIDERS SHALL REVIEW THE BEST
AVAILABLE CALL BLOCKING TECHNOLOGY AND DEPLOY ANY SUCH TECHNOLOGY WHICH
MAY BETTER ACCOMPLISH THE PURPOSE OF THIS SECTION. ANY SUCH UPGRADES
SHALL BE DEPLOYED TO ALL SUBSCRIBERS AS SOON AS FEASIBLE AND AT NO ADDI-
TIONAL SURCHARGE OR FEE TO SUCH SUBSCRIBERS.
5. BY JULY THIRTY-FIRST OF THE YEAR FOLLOWING THE EFFECTIVE DATE OF
THIS SECTION, AND ANNUALLY THEREAFTER, EVERY VOICE SERVICE PROVIDER
SHALL FILE WITH BOTH THE DEPARTMENT, AND THE SECRETARY TO THE PUBLIC
SERVICE COMMISSION, A REPORT SETTING FORTH ITS DEPLOYMENT AND REVIEW OF
THE BEST AVAILABLE CALL BLOCKING TECHNOLOGY REQUIRED BY THIS SECTION, AS
WELL AS ANY AVAILABLE UPGRADES THERETO AND DEPLOYMENT THEREOF TO PERSONS
OR ENTITIES, AS WELL AS ANY OTHER INFORMATION THAT THE DEPARTMENT, IN
CONSULTATION WITH THE DEPARTMENT OF PUBLIC SERVICE, MAY REQUIRE. THE
REPORT SHALL INCLUDE A SWORN STATEMENT BY A PRINCIPAL OR OFFICER OF THE
VOICE SERVICE PROVIDER THAT THE INFORMATION PROVIDED IS CURRENT AND
ACCURATE.
6. ANY VOICE SERVICE PROVIDER THAT KNOWINGLY FAILS OR NEGLECTS TO
COMPLY WITH THIS SECTION, OR A RULE OR REGULATION ADOPTED THEREUNDER,
SHALL FORFEIT TO THE PEOPLE OF THE STATE OF NEW YORK A SUM NOT LESS THAN
TEN THOUSAND DOLLARS AND NO MORE THAN ONE HUNDRED THOUSAND DOLLARS
CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
OF A CONTINUING VIOLATION, EACH DAY SHALL BE DEEMED A SEPARATE AND
DISTINCT OFFENSE.
7. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY EITHER A. THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE
OF THE STATE OF NEW YORK, OR B. IN THE CASE OF VOICE SERVICE PROVIDER
SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE LAW, THE PUBLIC
SERVICE COMMISSION, TO A COURT OR JUSTICE HAVING JURISDICTION, TO ISSUE
AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE
DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS, AND FOR
THE ENFORCEMENT OF THE PENALTIES PROVIDED IN THIS SECTION.
8. WHEN THE DEPARTMENT HAS REASON TO BELIEVE A PERSON OR VOICE SERVICE
PROVIDER HAS VIOLATED ANY PROVISION OF THIS SECTION, THE DEPARTMENT MAY
REQUEST IN WRITING THE PRODUCTION OF RELEVANT DOCUMENTS AND RECORDS. IF
THE PERSON UPON WHOM SUCH REQUEST WAS MADE FAILS TO PRODUCE THE DOCU-
MENTS OR RECORDS WITHIN FOURTEEN DAYS AFTER THE DATE OF THE REQUEST, THE
DEPARTMENT MAY ISSUE AND SERVE SUBPOENAS TO COMPEL THE PRODUCTION OF
SUCH DOCUMENTS AND RECORDS. IF ANY PERSON SHALL REFUSE TO COMPLY WITH A
SUBPOENA ISSUED UNDER THIS SECTION, THE DEPARTMENT MAY PETITION A COURT
OF COMPETENT JURISDICTION TO ENFORCE THE SUBPOENA AND, NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, TO REQUEST A CIVIL PENALTY NOT TO EXCEED ONE
THOUSAND DOLLARS PER DAY, ACTUAL DAMAGES SUSTAINED BY REASON OF THE
FAILURE TO COMPLY, AND SUCH SANCTIONS AS THE COURT MAY DIRECT.
9. THE SECRETARY SHALL PROMULGATE ANY RULES OR REGULATIONS NECESSARY
TO IMPLEMENT AND ENFORCE THE PROVISIONS OF THIS SECTION.
10. THE PUBLIC SERVICE COMMISSION MAY PROMULGATE ANY RULES OR REGU-
LATIONS NECESSARY TO IMPLEMENT AND ENFORCE THE PROVISIONS OF THIS
SECTION.
§ 905. USE OF AUTOMATIC TELEPHONE DIALING SYSTEMS AND PLACEMENT OF
CONSUMER TELEPHONE CALLS. 1. NO PERSON SHALL OPERATE AN AUTOMATIC TELE-
PHONE DIALING SYSTEM, NOR PLACE ANY CONSUMER TELEPHONE CALL, EXCEPT IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE USE OF SUCH DEVICE
BY ANY PERSON, EITHER INDIVIDUALLY OR ACTING AS AN OFFICER, AGENT, OR
S. 7508 78 A. 9508
EMPLOYEE OF A PERSON OPERATING ANY AUTOMATIC TELEPHONE DIALING SYSTEM,
IS SUBJECT TO THE PROVISIONS OF THIS SECTION.
2. WHENEVER TELEPHONE CALLS ARE PLACED THROUGH THE USE OF AN AUTOMATIC
TELEPHONE DIALING SYSTEM, SUCH DEVICE SHALL DO ALL OF THE FOLLOWING:
A. STATE AT THE BEGINNING OF THE CALL THE NATURE OF THE CALL AND THE
NAME OF THE PERSON OR ON WHOSE BEHALF THE MESSAGE IS BEING TRANSMITTED
AND AT THE END OF SUCH MESSAGE THE ADDRESS, AND TELEPHONE NUMBER OF THE
PERSON ON WHOSE BEHALF THE MESSAGE IS TRANSMITTED, PROVIDED SUCH DISCLO-
SURES ARE NOT OTHERWISE PROHIBITED OR RESTRICTED BY ANY FEDERAL, STATE
OR LOCAL LAW; AND
B. DISCONNECT THE AUTOMATIC TELEPHONE DIALING SYSTEM FROM THE TELE-
PHONE LINE UPON THE TERMINATION OF THE CALL BY EITHER THE PERSON CALLING
OR THE PERSON CALLED.
3. NO PERSON SHALL OPERATE AN AUTOMATIC TELEPHONE DIALING SYSTEM WHICH
USES A RANDOM OR SEQUENTIAL NUMBER GENERATOR TO PRODUCE A NUMBER TO BE
CALLED.
4. NO AUTOMATIC TELEPHONE DIALING SYSTEM SHALL BE USED TO CALL AND NO
CONSUMER TELEPHONE CALL SHALL BE PLACED TO AN EMERGENCY TELEPHONE LINE
INCLUDING BUT NOT LIMITED TO ANY 911 OR E-911 LINE, OR ANY EMERGENCY
LINE OF ANY VOLUNTEER FIRE COMPANY OR FIRE DEPARTMENT; ANY EMERGENCY
MEDICAL SERVICE, AMBULANCE SERVICE, VOLUNTARY AMBULANCE SERVICE OR
HOSPITAL AMBULANCE SERVICE AS DEFINED IN SECTION THREE THOUSAND ONE OF
THE PUBLIC HEALTH LAW; ANY HOSPITAL, NURSING HOME, OR RESIDENTIAL HEALTH
CARE FACILITY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE
PUBLIC HEALTH LAW; ANY ADULT CARE FACILITY AS DEFINED IN SECTION TWO OF
THE SOCIAL SERVICES LAW; OR ANY LAW ENFORCEMENT AGENCY OR TO THE TELE-
PHONE LINE OF ANY GUEST ROOM OR PATIENT ROOM OF ANY HOSPITAL, NURSING
HOME, OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION TWENTY-
EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, OR ANY ADULT CARE FACILITY
AS DEFINED BY SECTION TWO OF THE SOCIAL SERVICES LAW. IT SHALL NOT
CONSTITUTE A VIOLATION OF THIS SUBDIVISION IF THE PERSON WHO PLACES SUCH
A CALL CAN AFFIRMATIVELY ESTABLISH THAT THE CALL WAS PLACED INADVERTENT-
LY DESPITE GOOD FAITH EFFORTS ON THE PART OF SUCH PERSON TO COMPLY WITH
THE PROVISIONS OF THIS SECTION AND SUCH PERSON HAS IMPLEMENTED A PROCE-
DURE TO PREVENT SUBSEQUENT CALLS FROM BEING PLACED TO A PARTICULAR
PROHIBITED TELEPHONE NUMBER.
5. A TELEPHONE SOLICITOR SHALL NOT MAKE A CONSUMER TELEPHONE CALL TO A
CONSUMER UNLESS THE TELEPHONE SOLICITOR CONFORMS WITH SUBPARAGRAPH (I)
OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION NINE HUNDRED SIX OF THIS
ARTICLE. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO LIMIT, ANNUL,
ALTER, OR AFFECT THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION.
6. NO TELEPHONE SOLICITOR OR PERSON WHO PLACES ANY CONSUMER TELEPHONE
CALL OR WHO OPERATES AN AUTOMATIC TELEPHONE DIALING SYSTEM AND NO
EMPLOYER OF ANY SUCH TELEPHONE SOLICITOR OR PERSON SHALL INTENTIONALLY
CAUSE TO BE INSTALLED, OR SHALL INTENTIONALLY UTILIZE, ANY BLOCKING
DEVICE OR SERVICE TO PREVENT THE NAME AND/OR TELEPHONE NUMBER OF SUCH
SOLICITOR OR PERSON, OR THE NAME AND/OR TELEPHONE NUMBER OF HIS OR HER
EMPLOYER, FROM BEING DISPLAYED ON A CALLER IDENTIFICATION DEVICE OF THE
RECIPIENT OF ANY SUCH CONSUMER TELEPHONE CALL. A VIOLATION OF THIS
SUBDIVISION SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION EIGHT OF
THIS SECTION.
7. A. FEDERAL, STATE OR LOCAL MUNICIPALITIES, OR ANY SUBDIVISION THER-
EOF, USING AN AUTOMATIC TELEPHONE DIALING SYSTEM FOR EMERGENCY PURPOSES
SHALL BE EXEMPTED FROM THE PROVISIONS OF THIS SECTION.
B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
ANY ENTITY WHICH OPERATES A TELEPHONE WARNING OR ALERT SYSTEM WHICH
S. 7508 79 A. 9508
UTILIZES ANY SUCH DEVICE FOR EMERGENCY PURPOSES SHALL ALSO BE EXEMPTED
FROM THE PROVISIONS OF THIS SECTION.
8. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN
INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS,
TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT
SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE, THAT THE
DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION AN INJUNCTION MAY BE
ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND RESTRAINING ANY FURTHER
VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN
INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE
ALLOWANCES TO THE ATTORNEY-GENERAL AS PROVIDED IN PARAGRAPH SIX OF
SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
TICE LAW AND RULES, AND DIRECT RESTITUTION. WHENEVER THE COURT SHALL
DETERMINE THAT A VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN TWO THOUSAND DOLLARS PER CALL, UP TO A TOTAL OF NOT MORE THAN TWEN-
TY THOUSAND DOLLARS, FOR CALLS PLACED IN VIOLATION OF SUCH SUBDIVISIONS
WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD. WHENEVER THE COURT SHALL
DETERMINE THAT A VIOLATION OF SUBDIVISION FIVE OF THIS SECTION, OR A
VIOLATION OF SUBDIVISION SIX OF THIS SECTION, HAS OCCURRED, THE COURT
MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS. IN
CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY-GENERAL IS
AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
RULES.
9. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY-GENERAL
PURSUANT TO THIS SECTION, ANY PERSON WHO HAS RECEIVED A TELEPHONE CALL
IN VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF THIS SECTION MAY BRING
AN ACTION IN SUCH PERSON'S OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRAC-
TICE, AN ACTION TO RECOVER SUCH PERSON'S ACTUAL DAMAGES OR FIVE HUNDRED
DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS. THE COURT MAY, IN
ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN AMOUNT NOT TO EXCEED
THREE TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND DOLLARS, IF THE COURT
FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED SUCH SUBDIVISIONS.
THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAIN-
TIFF. ANY DAMAGES RECOVERABLE PURSUANT TO THIS SECTION MAY BE RECOVERED
IN ANY ACTION WHICH A COURT MAY AUTHORIZE TO BE BROUGHT AS A CLASS
ACTION PURSUANT TO ARTICLE NINE OF THE CIVIL PRACTICE LAW AND RULES.
§ 906. TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION ACT. 1.
LEGISLATIVE FINDINGS AND DECLARATION. THE LEGISLATURE FINDS AND DECLARES
THAT THE PREVENTION OF DECEPTIVE AND UNFAIR PRACTICES IN ASSOCIATION
WITH TELEMARKETING IS IN THE PUBLIC INTEREST AND SUBJECT TO THE AUTHORI-
TY OF APPROPRIATE POLITICAL SUBDIVISIONS OF THE STATE FOR THE PURPOSE OF
PROTECTING THE PUBLIC AGAINST FRAUD, DECEPTION AND OTHER ABUSES. THE
LEGISLATURE INTENDS THAT THE FEDERAL TELEMARKETING AND CONSUMER FRAUD
AND ABUSE PREVENTION ACT (P.L. 103-297) BE FULLY ENFORCEABLE BY APPRO-
PRIATE STATE AND LOCAL ENFORCEMENT OFFICIALS.
THE LEGISLATURE FURTHER DECLARES THAT ADDITIONAL REQUIREMENTS APPLICA-
BLE TO THE TELEMARKETING INDUSTRY NOT PRESENT IN THE FEDERAL STATUTE ARE
NECESSARY TO PROTECT RESIDENTS OF THE STATE AND OTHERS FROM TELEMARKET-
ING ABUSES. THE LEGISLATURE THEREFORE INTENDS THAT PROVISIONS IN THIS
SECTION WHICH DIFFER FROM THE AFOREMENTIONED FEDERAL ACT AND OTHER NEW
YORK STATE LAWS REGULATING TELEMARKETING BE CONSTRUED WHENEVER REASON-
S. 7508 80 A. 9508
ABLE AS PROVIDING ADDITIONAL PROTECTIONS TO VICTIMS OF TELEMARKETING
FRAUD.
2. REGISTRATION OF TELEMARKETERS. A. NO PERSON SHALL ACT AS A TELE-
MARKETER WITHOUT FIRST HAVING RECEIVED A CERTIFICATE OF REGISTRATION
FROM THE SECRETARY AS PROVIDED IN THIS SECTION. EMPLOYEES OF TELEMARKET-
ERS SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS PARAGRAPH AND PARA-
GRAPH B OF THIS SUBDIVISION.
B. NO PERSON REQUIRED TO REGISTER PURSUANT TO PARAGRAPH A OF THIS
SUBDIVISION SHALL ACT AS A TELEMARKETER WITHOUT HOLDING A VALID CERTIF-
ICATE OF REGISTRATION FROM THE SECRETARY AS PROVIDED IN THIS SECTION.
C. ANY APPLICANT SHALL FILE WITH THE DEPARTMENT AN APPLICATION FOR A
CERTIFICATE OF REGISTRATION IN SUCH FORM AND CONTAINING SUCH INFORMATION
AS THE SECRETARY SHALL PRESCRIBE, INCLUDING THE FOLLOWING:
(I) THE APPLICANT'S NAME, ADDRESS AND TELEPHONE NUMBER;
(II) EACH BUSINESS NAME UNDER WHICH THE APPLICANT ENGAGES IN OR
INTENDS TO ENGAGE IN TELEMARKETING, IF SUCH NAME IS DIFFERENT THAN THE
APPLICANT'S;
(III) THE COMPLETE STREET ADDRESS AND PRIMARY TELEPHONE NUMBER OF EACH
LOCATION, DESIGNATING THE PRINCIPAL LOCATION, FROM WHICH THE APPLICANT
ENGAGES IN OR INTENDS TO ENGAGE IN TELEMARKETING, INCLUDING EACH
LOCATION AT WHICH MAIL WILL BE RECEIVED BY OR ON BEHALF OF THE APPLI-
CANT, AND IDENTIFYING ANY SUCH LOCATION THAT IS A POST OFFICE BOX OR
MAIL DROP;
(IV) THE NAME, ADDRESS AND TELEPHONE NUMBER OF EACH PRINCIPAL OF THE
BUSINESS;
(V) WHETHER THE APPLICANT OR ANY PRINCIPAL THEREOF HAS BEEN CONVICTED
OR PLEAD GUILTY TO OR IS BEING PROSECUTED BY INDICTMENT OR INFORMATION
FOR RACKETEERING, VIOLATIONS OF SECURITIES LAWS, OR A THEFT OFFENSE OF
ANY STATE, OR THE UNITED STATES;
(VI) WHETHER ANY INJUNCTION OR JUDGMENT HAS BEEN ENTERED INTO AGAINST
THE APPLICANT OR ANY PRINCIPAL, OR SUCH APPLICANT OR PRINCIPAL HAS
ENTERED INTO A SETTLEMENT AGREEMENT, ASSURANCE OF DISCONTINUANCE,
CONSENT DECREE OR ANY SIMILAR INSTRUMENT IN ANY CIVIL ACTION INVOLVING
THEFT, RACKETEERING, EMBEZZLEMENT, CONVERSION, MISAPPROPRIATION OF PROP-
ERTY, FRAUD, OR DECEPTIVE, UNFAIR, ILLEGAL OR UNCONSCIONABLE TRADE PRAC-
TICES, AND WHETHER ANY CIVIL ACTION INVOLVING SUCH PRACTICES IS CURRENT-
LY PENDING, TO THE EXTENT NOT INCONSISTENT WITH ANY EXISTING COURT
ORDERS; AND
(VII) WHETHER THE LICENSE TO ENGAGE IN ANY BUSINESS, TRADE OR PROFES-
SION OF THE APPLICANT OR ANY PRINCIPAL THEREOF HAS BEEN REFUSED,
SUSPENDED OR REVOKED IN ANY JURISDICTION.
D. UPON RECEIPT OF THE COMPLETED APPLICATION FOR REGISTRATION AND
REQUIRED FEE, AND UNLESS SUCH CERTIFICATE OF REGISTRATION HAS BEEN
DENIED AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, THE SECRETARY
SHALL ISSUE AND DELIVER TO THE APPLICANT A CERTIFICATE IN SUCH FORM AND
MANNER AS THE SECRETARY SHALL PRESCRIBE, BUT WHICH MUST SET FORTH THE
APPLICANT'S NAME, BUSINESS ADDRESS, AND THE EFFECTIVE TERM OF THE REGIS-
TRATION. A REGISTRATION CERTIFICATE ISSUED OR RENEWED UNDER THE
PROVISIONS OF THIS SECTION SHALL ENTITLE A PERSON TO ACT AS A REGISTERED
TELEMARKETER FOR A PERIOD OF TWO YEARS FROM THE EFFECTIVE DATE OF THE
REGISTRATION.
E. ANY REGISTRATION GRANTED UNDER THIS SECTION MAY BE RENEWED BY THE
SECRETARY UPON APPLICATION BY THE HOLDER THEREOF, IN SUCH FORM AS THE
SECRETARY MAY PRESCRIBE. THE SECRETARY SHALL HAVE THE AUTHORITY TO
ASSIGN STAGGERED EXPIRATION DATES FOR LICENSES AT THE TIME OF RENEWAL.
IF THE ASSIGNED DATE RESULTS IN A TERM THAT EXCEEDS TWO YEARS, THE
S. 7508 81 A. 9508
APPLICANT SHALL PAY AN ADDITIONAL PRO-RATA ADJUSTMENT TOGETHER WITH THE
FEE PRESCRIBED IN PARAGRAPH F OF THIS SUBDIVISION.
F. EACH APPLICATION FOR A CERTIFICATE OF REGISTRATION SHALL BE ACCOM-
PANIED BY A FEE OF FIVE HUNDRED DOLLARS, WHICH SHALL NOT BE REFUNDABLE.
G. THE FEES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE DEPOSITED
TO THE CREDIT OF THE BUSINESS AND LICENSING SERVICES ACCOUNT ESTABLISHED
PURSUANT TO THE PROVISIONS OF SECTION NINETY-SEVEN-Y OF THE STATE
FINANCE LAW.
H. ANY PERSON HOLDING A CERTIFICATE OF REGISTRATION SHALL BE REQUIRED
TO PROVIDE NOTICE OF ANY CHANGE IN THE INFORMATION REQUIRED OF APPLI-
CANTS BY THIS SECTION, IN SUCH FORM AND MANNER, AND WITHIN SUCH TIME
PERIOD AS THE SECRETARY SHALL PRESCRIBE.
I. NO PERSON REQUIRED TO BE REGISTERED UNDER THIS SUBDIVISION SHALL BE
ENTITLED TO ENFORCE ANY AGREEMENT OR SEEK ANY CONSIDERATION OR ANY OTHER
PAYMENT FOR GOODS AND SERVICES OFFERED THROUGH TELEMARKETING UNLESS SUCH
PERSON IS IN COMPLIANCE WITH THIS SUBDIVISION AND SUBDIVISION FOUR OF
THIS SECTION.
J. THE SECRETARY MAY PRESCRIBE RULES AND REGULATIONS TO ADMINISTER
THIS SUBDIVISION AND SUBDIVISION FOUR OF THIS SECTION.
3. BONDING OF TELEMARKETERS. A. ANY APPLICANT SHALL, AT THE TIME OF
ANY ORIGINAL APPLICATION FOR A CERTIFICATE OF REGISTRATION, FILE WITH
THE SECRETARY, IN THE FORM AND AMOUNT AS PRESCRIBED IN THIS SUBDIVISION
AND SATISFACTORY TO THE SECRETARY:
(I) A BOND WITH A CORPORATE SURETY, FROM A COMPANY AUTHORIZED TO DO
BUSINESS IN THIS STATE; OR
(II) AN IRREVOCABLE LETTER OF CREDIT OR A CERTIFICATE OF DEPOSIT FROM
A NEW YORK STATE OR FEDERALLY CHARTERED BANK, TRUST COMPANY, SAVINGS
BANK OR SAVINGS AND LOAN ASSOCIATION QUALIFIED TO DO BUSINESS IN NEW
YORK STATE AND INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION.
B. SUCH BOND, LETTER OF CREDIT, OR CERTIFICATE OF DEPOSIT SHALL BE
MAINTAINED FOR THREE YEARS FROM THE DATE THE TELEMARKETER CEASES TELE-
MARKETING, OR THREE YEARS FROM THE DATE THE CERTIFICATE OF REGISTRATION
TERMINATES, WHICHEVER IS EARLIER.
C. THE PRINCIPAL SUM OF THE BOND, LETTER OF CREDIT, OR CERTIFICATE OF
DEPOSIT SHALL BE TWENTY-FIVE THOUSAND DOLLARS, WHICH SHALL BE MAINTAINED
UNTIL THE PERIOD SPECIFIED IN PARAGRAPH B OF THIS SUBDIVISION, SUBJECT
TO PARAGRAPH G OF THIS SUBDIVISION.
D. THE BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT SHALL BE PAYA-
BLE IN FAVOR OF THE PEOPLE OF THE STATE OF NEW YORK FOR THE BENEFIT OF
ANY CUSTOMER INJURED AS A RESULT OF A VIOLATION OF THIS SECTION, PURSU-
ANT TO A DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION PURSUANT
TO THIS SECTION, OR ARTICLE TEN-B OF THE PERSONAL PROPERTY LAW.
E. THE AGGREGATE LIABILITY OF THE SURETY UPON THE BOND OR THE BANKING
ORGANIZATION UPON THE LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT TO ALL
PERSONS FOR ALL BREACHES OF THE CONDITIONS OF THE BOND SHALL IN NO EVENT
EXCEED THE AMOUNT OF THE BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOS-
IT.
F. THE BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT SHALL NOT BE
CANCELED, REVOKED, DIMINISHED OR TERMINATED EXCEPT AFTER NOTICE TO, AND
WITH THE CONSENT OF, THE SECRETARY AT LEAST FORTY-FIVE DAYS IN ADVANCE
OF SUCH CANCELLATION, REVOCATION, OR TERMINATION. UNLESS THE BOND IS
REPLACED BY ANOTHER BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT IN
CONFORMITY WITH THIS SUBDIVISION PRIOR TO THE EXPIRATION OF THE FORTY-
FIVE DAY PERIOD, THE REGISTRATION OF THE TELEMARKETER SHALL BE TREATED
AS TERMINATED AS OF THE CANCELLATION, REVOCATION OR TERMINATION OF THE
BOND.
S. 7508 82 A. 9508
G. THE REGISTRATION OF THE TELEMARKETER SHALL BE TREATED AS TERMINATED
AS OF THE DATE THE AMOUNT OF THE BOND, LETTER OF CREDIT OR CERTIFICATE
OF DEPOSIT FALLS BELOW THE AMOUNT REQUIRED BY THIS SUBDIVISION.
H. ANY CHANGE IN OWNERSHIP OF A TELEMARKETER SHALL NOT RELEASE, CANCEL
OR TERMINATE LIABILITY UNDER THIS SUBDIVISION UNDER ANY BOND, LETTER OF
CREDIT, OR CERTIFICATE OF DEPOSIT FILED FOR ANY TELEMARKETER AS TO ANY
CUSTOMER WHO WAS INJURED AS A RESULT OF A VIOLATION OF THIS SECTION OR
ARTICLE TEN-B OF THE PERSONAL PROPERTY LAW WHILE SUCH BOND, LETTER OF
CREDIT OR CERTIFICATE OF DEPOSIT WAS IN EFFECT UNLESS SUCH TRANSFEREE,
PURCHASER, SUCCESSOR OR ASSIGNEE OF SUCH TELEMARKETER OBTAINS A BOND,
LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT UNDER THIS SUBDIVISION FOR
THE BENEFIT OF SUCH CUSTOMER. NOTHING IN THIS PARAGRAPH SHALL BE
CONSTRUED TO AUTHORIZE ANY TELEMARKETER TO CANCEL ANY BOND, LETTER OF
CREDIT, OR CERTIFICATE OF DEPOSIT WHERE SUCH CANCELLATION IS NOT OTHER-
WISE AUTHORIZED BY THIS SUBDIVISION.
4. REFUSAL TO ISSUE, SUSPENSION, AND REVOCATION OF REGISTRATION. A.
THE SECRETARY, OR ANY PERSON DEPUTIZED OR SO DESIGNATED BY HIM OR HER
MAY DENY THE APPLICATION OF ANY PERSON FOR A CERTIFICATE OF REGISTRA-
TION, REFUSE TO ISSUE A RENEWAL THEREOF, SUSPEND OR REVOKE SUCH CERTIF-
ICATE OR IN LIEU THEREOF ASSESS A FINE NOT TO EXCEED ONE THOUSAND
DOLLARS PER VIOLATION, IF HE OR SHE DETERMINES THAT SUCH APPLICANT, OR
ANY OF ITS PRINCIPALS:
(I) HAS MADE A MATERIAL FALSE STATEMENT OR OMITTED A MATERIAL FACT IN
CONNECTION WITH AN APPLICATION UNDER THIS SECTION;
(II) WAS THE FORMER HOLDER OF A CERTIFICATE OF REGISTRATION ISSUED
HEREUNDER WHICH THE SECRETARY REVOKED, SUSPENDED, OR REFUSED TO RENEW;
(III) HAS FAILED TO FURNISH SATISFACTORY EVIDENCE OF GOOD CHARACTER,
REPUTATION AND FITNESS;
(IV) WITH RESPECT TO THE APPLICANT, IS NOT THE TRUE OWNER OF THE TELE-
MARKETER, EXCEPT IN THE CASE OF A FRANCHISE;
(V) IS IN VIOLATION OF OR HAS VIOLATED ANY OF THE FOLLOWING STATUTES
AND THE REGULATIONS THEREUNDER, AS SUCH STATUTES AND REGULATIONS MAY
FROM TIME TO TIME BE AMENDED:
(A) THIS SECTION;
(B) ARTICLE TEN-B OF THE PERSONAL PROPERTY LAW;
(C) THE ACT OF CONGRESS ENTITLED THE "TELEMARKETING AND CONSUMER FRAUD
AND ABUSE PREVENTION ACT" (P.L. 103-297);
(VI) HAS BEEN CONVICTED OR PLEAD GUILTY TO OR IS BEING PROSECUTED BY
INDICTMENT OR INFORMATION FOR RACKETEERING, VIOLATIONS OF SECURITIES
LAWS, OR A THEFT OFFENSE OF THIS STATE, OR THE UNITED STATES;
(VII) HAS HAD ANY INJUNCTION OR JUDGMENT ENTERED AGAINST HIM OR HER IN
ANY CIVIL ACTION, OR SUCH APPLICANT OR PRINCIPAL HAS ENTERED INTO A
SETTLEMENT AGREEMENT, ASSURANCE OF DISCONTINUANCE, CONSENT DECREE OR ANY
SIMILAR INSTRUMENT INVOLVING THEFT, RACKETEERING, EMBEZZLEMENT, CONVER-
SION, MISAPPROPRIATION OF PROPERTY, FRAUD OR DECEPTIVE, UNFAIR, ILLEGAL
OR UNCONSCIONABLE TRADE PRACTICES;
(VIII) HAS HAD A LICENSE OR REGISTRATION TO ENGAGE IN ANY BUSINESS,
OCCUPATION OR PROFESSION SUSPENDED OR REVOKED IN ANY JURISDICTION WHICH
MAY IMPACT UPON THE APPLICANT'S FITNESS FOR REGISTRATION UNDER THIS
SECTION; OR
(IX) HAS COMMITTED, OR IS COMMITTING DECEPTIVE, UNFAIR, ILLEGAL OR
UNCONSCIONABLE TRADE PRACTICES IN VIOLATION OF THE LAWS OF THIS OR ANY
OTHER STATE OR THE UNITED STATES.
B. ANY PROCEEDING CONDUCTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
SION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
S. 7508 83 A. 9508
5. DECEPTIVE TELEMARKETING ACTS AND PRACTICES. A. IT SHALL BE UNLAWFUL
FOR ANY TELEMARKETER TO DIRECTLY OR INDIRECTLY ENGAGE IN THE FOLLOWING
CONDUCT:
(I) FAIL TO FURNISH A COPY OF THE CERTIFICATE OF REGISTRATION AT THE
REQUEST OF ANY INTERESTED PARTY;
(II) PRESENT OR ATTEMPT TO PRESENT, AS THEIR OWN, THE REGISTRATION
CERTIFICATE OF ANOTHER;
(III) GIVE FALSE OR MISLEADING INFORMATION;
(IV) MISREPRESENT HIMSELF OR HERSELF TO BE REGISTERED;
(V) USE OR ATTEMPT TO USE A REGISTRATION CERTIFICATE WHICH HAS BEEN
REVOKED, SUSPENDED OR IS OTHERWISE NOT VALID;
(VI) ADVERTISE TELEMARKETING SERVICES WITHOUT HAVING A VALID CERTIF-
ICATE OF REGISTRATION UNDER THIS SECTION;
(VII) REPRESENT IN ANY MANNER THAT HIS OR HER REGISTRATION CONSTITUTES
APPROVAL OR ENDORSEMENT OF ANY GOVERNMENTAL AGENCY;
(VIII) ASSIST OR SUPPORT ANY PERSON WHEN THE TELEMARKETER OR ANY IDEN-
TIFIED EMPLOYEE KNEW OR SHOULD HAVE KNOWN THAT THE PERSON WAS ENGAGED IN
AN ACT OR PRACTICE IN VIOLATION OF THIS SECTION OR ARTICLE TEN-B OF THE
PERSONAL PROPERTY LAW;
(IX) REQUEST A FEE IN ADVANCE TO REMOVE ADVERSE INFORMATION OR MODIFY
ADVERSE INFORMATION TO IMPROVE A PERSON'S CREDIT HISTORY OR CREDIT
RECORD;
(X) EXCEPT FOR AN ATTORNEY ENGAGED IN THE PRACTICE OF LAW, REQUEST OR
RECEIVE PAYMENT IN ADVANCE FROM A PERSON TO RECOVER OR OTHERWISE AID IN
THE RETURN OF MONEY OR ANY OTHER ITEM LOST BY THE CUSTOMER IN A PRIOR
TELEMARKETING TRANSACTION;
(XI) OBTAIN OR SUBMIT FOR PAYMENT A CHECK, DRAFT, OR OTHER FORM OF
NEGOTIABLE PAPER DRAWN ON A PERSON'S CHECKING, SAVINGS, SHARE, OR SIMI-
LAR ACCOUNT, WITHOUT THAT PERSON'S EXPRESS WRITTEN AUTHORIZATION;
(XII) PROCURE THE SERVICES OF ANY PROFESSIONAL DELIVERY, COURIER OR
OTHER PICKUP SERVICE TO OBTAIN RECEIPT OR POSSESSION OF A CUSTOMER'S
PAYMENT, UNLESS THE GOODS OR SERVICES ARE DELIVERED WITH THE REASONABLE
OPPORTUNITY TO INSPECT BEFORE ANY PAYMENT IS COLLECTED; OR
(XIII) MISREPRESENT, DIRECTLY OR BY IMPLICATION, THAT A PREMIUM IS A
PRIZE.
B. TELEMARKETERS SHALL PROVIDE ALL OF THE FOLLOWING INFORMATION, IN A
CLEAR AND COHERENT MANNER USING WORDS WITH COMMON AND EVERYDAY MEANINGS,
WHEN MAKING A TELEMARKETING CALL:
(I) AT THE BEGINNING OF THE CALL AND PRIOR TO ANY REQUEST BY THE CALL-
ER OF THE CUSTOMER TO RELEASE OR DISCLOSE ANY OF THE CUSTOMER'S PERSONAL
OR FINANCIAL INFORMATION, INCLUDING BUT NOT LIMITED, TO THE CUSTOMER'S
NAME, ADDRESS, CREDIT CARD, CHECKING ACCOUNT OR OTHER FINANCIAL ACCOUNT
NUMBER OR INFORMATION:
(A) THAT THE PURPOSE OF THE TELEPHONE CALL IS TO OFFER GOODS OR
SERVICES FOR WHICH A FEE WILL BE CHARGED OR TO PROVIDE AN INVESTMENT
OPPORTUNITY, WHICHEVER IS THE CASE;
(B) THE TELEMARKETER'S NAME AND THE PERSON ON WHOSE BEHALF THE SOLIC-
ITATION IS BEING MADE IF OTHER THAN THE TELEMARKETER;
(C) THE IDENTITY OF THE GOODS OR SERVICES FOR WHICH A FEE WILL BE
CHARGED; AND
(D) WHETHER THE CALL IS BEING RECORDED.
(II) THE COST OF THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE
CALL.
(III) IN ANY PRIZE PROMOTION, THE ODDS OF BEING ABLE TO RECEIVE THE
PRIZE, AND IF THE ODDS ARE NOT CALCULABLE IN ADVANCE, THE FACTORS USED
IN CALCULATING THE ODDS; THAT NO PURCHASE OR PAYMENT IS REQUIRED TO WIN
S. 7508 84 A. 9508
A PRIZE OR TO PARTICIPATE IN A PRIZE PROMOTION; AND THE NO PURCHASE/NO
PAYMENT METHOD OF PARTICIPATING IN THE PRIZE PROMOTION WITH EITHER
INSTRUCTIONS ON HOW TO PARTICIPATE OR AN ADDRESS OR LOCAL OR TOLL-FREE
TELEPHONE NUMBER TO WHICH CUSTOMERS MAY WRITE OR CALL FOR INFORMATION ON
HOW TO PARTICIPATE; AND ALL MATERIAL COSTS OR CONDITIONS TO RECEIVE OR
REDEEM A PRIZE THAT IS THE SUBJECT OF THE PRIZE PROMOTION.
6. ABUSIVE TELEMARKETING ACTS OR PRACTICES. IT SHALL BE UNLAWFUL FOR
ANY TELEMARKETER TO:
A. THREATEN, INTIMIDATE OR USE PROFANE OR OBSCENE LANGUAGE;
B. ENGAGE IN CONDUCT OR BEHAVIOR A REASONABLE PERSON WOULD DEEM TO BE
ABUSIVE OR HARASSING;
C. INITIATE A TELEMARKETING CALL TO A PERSON, WHEN THAT PERSON HAS
STATED PREVIOUSLY THAT HE OR SHE DOES NOT WISH TO RECEIVE SOLICITATION
CALLS FROM THAT TELEMARKETER PROVIDED, HOWEVER THAT NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO PROHIBIT A TELEMARKETER FROM TELEMARKETING
GOODS, SERVICES OR INVESTMENT OPPORTUNITIES TO ANY CUSTOMER OF ANY
AFFILIATE, SUBSIDIARY OR PARENT OF SUCH TELEMARKETER;
D. ENGAGE IN TELEMARKETING TO A PERSON'S RESIDENCE AT ANY TIME OTHER
THAN BETWEEN 8:00 A.M. AND 9:00 P.M. LOCAL TIME, AT THE CALLED PERSON'S
LOCATION; OR
E. MAKE A FALSE, DECEPTIVE OR MISLEADING STATEMENT IN REGARD TO THE
REQUIREMENTS OF SUBDIVISION FIVE OF THIS SECTION TO A CUSTOMER, OR TO
ENGAGE IN ANY DECEPTIVE OR UNFAIR ACT OR PRACTICE IN ASSOCIATION WITH
TELEMARKETING.
F. MAKE AN UNSOLICITED TELEMARKETING SALES CALL TO ANY PERSON IN A
COUNTY, CITY, TOWN OR VILLAGE KNOWINGLY UNDER A DECLARED STATE OF EMER-
GENCY OR DISASTER EMERGENCY AS DESCRIBED IN SECTION TWENTY-FOUR OR TWEN-
TY-EIGHT OF THE EXECUTIVE LAW.
7. UNLAWFUL TRANSMISSION OF CERTAIN CALLER IDENTIFICATION INFORMATION.
IT SHALL BE UNLAWFUL FOR ANY TELEMARKETER OR SELLER TO KNOWINGLY CAUSE
ANY VOICE SERVICE PROVIDING CALLER IDENTIFICATION SERVICE TO TRANSMIT
MISLEADING, INACCURATE, OR FALSE CALLER IDENTIFICATION INFORMATION,
PROVIDED THAT IT SHALL NOT BE A VIOLATION TO SUBSTITUTE (FOR THE NAME
AND PHONE NUMBER USED IN, OR BILLED FOR, MAKING THE CALL) THE NAME OR
TELEPHONE NUMBER OF THE PERSON OR SELLER ON BEHALF OF WHICH A TELEMAR-
KETING CALL IS PLACED.
8. RECORDKEEPING REQUIREMENTS. A. ALL TELEMARKETERS SHALL KEEP FOR A
PERIOD OF TWENTY-FOUR MONTHS FROM THE DATE THE RECORD IS PRODUCED
RECORDS OF ALL FINANCIAL TRANSACTIONS, WRITTEN NOTICES, DISCLOSURES AND
ACKNOWLEDGMENTS, INCLUDING BUT NOT LIMITED TO:
(I) RECORDS OF CALLS RESULTING IN A PROMISE BY THE CUSTOMER TO PAY OR
OTHERWISE EXCHANGE CONSIDERATION FOR GOODS AND SERVICES, INCLUDING BUT
NOT LIMITED TO THE NAME AND LAST KNOWN ADDRESS OF EACH CUSTOMER, THE
GOODS OR SERVICES SELECTED, THE DATE SUCH GOODS WERE SHIPPED OR PROVIDED
AND THE QUANTITY PROVIDED, THE AMOUNT CHARGED BY THE COMPANY FOR THE
GOODS OR SERVICES PROVIDED, INCLUDING ALL OTHER RELATED FEES OR CHARGES
OF ANY KIND, INCLUDING SHIPPING AND HANDLING FEES, AND THE AMOUNT ACTU-
ALLY PAID BY THE CUSTOMER FOR THE GOODS AND SERVICES PROVIDED;
(II) THE NAME AND LAST KNOWN ADDRESS OF EACH PRIZE RECIPIENT AND THE
PRIZE AWARDED HAVING A VALUE OF TWENTY-FIVE DOLLARS OR MORE; AND
(III) THE NAME, ANY FICTITIOUS NAME USED, THE LAST KNOWN HOME ADDRESS
AND TELEPHONE NUMBER, AND THE JOB TITLE FOR ALL CURRENT AND FORMER
EMPLOYEES DIRECTLY INVOLVED IN TELEPHONE SALES; PROVIDED, HOWEVER, THAT
IF THE TELEMARKETER PERMITS FICTITIOUS NAMES TO BE USED BY EMPLOYEES,
EACH FICTITIOUS NAME MUST BE TRACEABLE TO ONLY ONE SPECIFIC EMPLOYEE.
S. 7508 85 A. 9508
B. A TELEMARKETER MAY KEEP THE RECORDS REQUIRED BY PARAGRAPH A OF THIS
SUBDIVISION IN ANY FORM, AND IN THE MANNER, FORMAT, OR PLACE AS THEY
KEEP SUCH RECORDS IN THE ORDINARY COURSE OF BUSINESS.
C. IN THE EVENT OF ANY DISSOLUTION OR TERMINATION OF THE
TELEMARKETER'S BUSINESS, A REPRESENTATIVE OF THE TELEMARKETER SHALL
MAINTAIN ALL RECORDS AS REQUIRED UNDER THIS SUBDIVISION, WHICH SHALL BE
THE PERSON REQUIRED TO MAINTAIN SUCH RECORDS IN THE EVENT OF DISSOLUTION
OR TERMINATION UNDER RULES AND REGULATIONS ISSUED UNDER THE ACT OF
CONGRESS ENTITLED THE "TELEMARKETING AND CONSUMER FRAUD AND ABUSE
PREVENTION ACT" (P.L. 103-297), OR ANY PERSON DESIGNATED BY THE TELE-
MARKETER. IN THE EVENT OF ANY SALE, ASSIGNMENT OR OTHER CHANGE OF OWNER-
SHIP OF THE TELEMARKETER'S BUSINESS, THE SUCCESSOR OR ASSIGNEE SHALL
MAINTAIN ALL RECORDS REQUIRED BY THIS SUBDIVISION. IN ANY CASE IN WHICH
THIS PARAGRAPH APPLIES, THE TELEMARKETER SHALL PROVIDE NOTICE TO THE
SECRETARY, IN THE FORM AND MANNER DESIGNATED BY THE SECRETARY OF THE
DISPOSITION OF SUCH RECORDS WITHIN THIRTY DAYS OF THE DISSOLUTION,
TERMINATION, SALE, ASSIGNMENT OR CHANGE OF OWNERSHIP.
9. WAIVER. ANY WAIVER OF THE PROVISIONS OF THIS SECTION BY ANY CUSTOM-
ER SHALL BE UNENFORCEABLE AND VOID.
10. EXEMPTIONS. A. THE FOLLOWING PERSONS SHALL BE EXEMPT FROM THE
REGISTRATION AND BONDING REQUIREMENTS SET FORTH IN SUBDIVISIONS TWO AND
THREE OF THIS SECTION:
(I) THE STATE, MUNICIPALITIES OF THE STATE, OR ANY DEPARTMENT OR DIVI-
SION OF THE STATE OR SUCH MUNICIPALITIES;
(II) THE UNITED STATES OR ANY OF ITS DEPARTMENTS, AGENCIES OR DIVI-
SIONS;
(III) COLLEGES, UNIVERSITIES AND OTHER INSTITUTIONS AUTHORIZED BY THE
REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK OR COMPARABLE BODY IN
ANY OTHER STATE OR JURISDICTION, TO GRANT DEGREES, INCLUDING LICENSED
PRIVATE SCHOOLS AND ANY REGISTERED BUSINESS SCHOOLS REGULATED BY ARTICLE
ONE HUNDRED ONE OF THE EDUCATION LAW;
(IV) A PERSON, WHICH HAS BEEN OPERATING FOR AT LEAST THREE YEARS A
RETAIL BUSINESS ESTABLISHMENT IN THIS STATE UNDER THE SAME NAME AS THAT
USED IN CONNECTION WITH TELEMARKETING, AND BOTH OF THE FOLLOWING OCCUR
ON A CONTINUING BASIS:
(A) EITHER PRODUCTS ARE DISPLAYED AND OFFERED FOR SALE OR SERVICES ARE
OFFERED FOR SALE AND PROVIDED AT THE BUSINESS ESTABLISHMENT; AND
(B) A MAJORITY OF THE PERSON'S BUSINESS INVOLVES BUYERS' OBTAINING
SUCH PRODUCTS OR SERVICES AT THE PERSON'S LOCATION;
(V) ANY NOT-FOR-PROFIT CORPORATION AS DEFINED IN SECTION ONE HUNDRED
TWO OF THE NOT-FOR-PROFIT CORPORATION LAW AND CHARITABLE ORGANIZATIONS.
B. THE FOLLOWING ACTS OR PRACTICES ARE EXEMPT FROM THE REQUIREMENTS OF
THIS SECTION:
(I) TELEPHONE CALLS MADE BY A TELEMARKETER, COLLECTION AGENCY OR
ATTORNEY ENGAGED IN THE PRACTICE OF LAW FOR THE EXCLUSIVE PURPOSE OF
COLLECTING A LEGAL DEBT OWED, IN ACCORDANCE WITH THE APPLICABLE
PROVISIONS OF THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT (15 U.S.C.
§ 1692 ET. SEQ.);
(II) TELEPHONE CALLS IN WHICH THE SALE, LEASE OR OTHER AGREEMENT FOR
GOODS OR SERVICES IS NOT COMPLETED, AND PAYMENT OR AUTHORIZATION OF
PAYMENT IS NOT REQUIRED, UNTIL AFTER A FACE-TO-FACE SALES PRESENTATION
BY A TELEMARKETER, OR A MEETING BETWEEN A TELEMARKETER AND CUSTOMER;
(III) TELEPHONE CALLS THAT ARE RECEIVED BY A TELEMARKETER INITIATED BY
A CUSTOMER THAT ARE NOT THE RESULT OF ANY SOLICITATION BY SUCH TELEMARK-
ETER; AND
S. 7508 86 A. 9508
(IV) TELEPHONE CALLS BETWEEN A TELEMARKETER AND ANY FOR-PROFIT BUSI-
NESS, EXCEPT CALLS INVOLVING THE RETAIL SALE OF NONDURABLE OFFICE OR
CLEANING SUPPLIES.
C. THE FOLLOWING ACTS OR PRACTICES ARE EXEMPT FROM THE REQUIREMENTS OF
PARAGRAPH B OF SUBDIVISION FIVE OF THIS SECTION:
(I) TELEPHONE CALLS PERTAINING TO A RENEWAL OR CONTINUATION OF AN
EXISTING OR PRIOR CONTRACTUAL RELATIONSHIP OR THE CONTINUATION OF AN
ESTABLISHED BUSINESS RELATIONSHIP BETWEEN A CUSTOMER AND ANY TELEMARKET-
ER, PROVIDED THAT THE TELEMARKETER DISCLOSES ANY MATERIAL CHANGES IN THE
TERMS AND CONDITIONS OF THE PRIOR CONTRACT, EXCEPT FOR CALLS MADE BY A
TELEMARKETER IN WHICH THE TELEMARKETER OR ANY OF ITS PRINCIPALS HAS
PREVIOUSLY ENGAGED IN ANY ACT OR PRACTICE DESCRIBED IN SUBPARAGRAPHS
(I), (II), (V), (VI), (VII) AND (VIII) OF PARAGRAPH A OF SUBDIVISION
FOUR OF THIS SECTION; AND
(II) UNSOLICITED TELEPHONE CALLS MADE BY THE TELEMARKETER FOR THE
PURPOSE OF OVERALL EFFORTS TO DEVELOP NEW BUSINESS THAT INCLUDE OTHER
METHODS AND TECHNIQUES INTENDED TO IDENTIFY AND COMMUNICATE WITH POTEN-
TIAL CUSTOMERS PROVIDED HOWEVER THAT FOR ALL TRANSACTIONS WHICH ARE
INCIDENTAL TO THE CALL AND RESULT IN THE EXCHANGE OF GOODS AND SERVICES
THE TELEMARKETER SHALL DISCLOSE THE FOLLOWING INFORMATION:
(A) THE TELEMARKETER'S NAME AND THE PERSON ON WHOSE BEHALF THE SOLIC-
ITATION IS BEING MADE IF OTHER THAN THE TELEMARKETER;
(B) THE IDENTITY OF THE GOODS OR SERVICES FOR WHICH A FEE WILL BE
CHARGED; AND
(C) THE COST OF THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE
CALL.
11. FEE AND BONDING EXEMPTIONS. THE FOLLOWING PERSONS ARE EXEMPT FROM
THE FEE AND BONDING REQUIREMENTS SET FORTH IN PARAGRAPH F OF SUBDIVISION
TWO AND SUBDIVISION THREE OF THIS SECTION: A PERSON ENGAGED IN A BUSI-
NESS OR OCCUPATION WHICH IS LICENSED, REGISTERED, CHARTERED, CERTIFIED
OR INCORPORATED WITH OR BY ANY STATE OR FEDERAL AGENCY. PROVIDED, HOWEV-
ER, ANY PERSON NOT LICENSED, REGISTERED, CHARTERED, CERTIFIED OR INCOR-
PORATED WITH ANY NEW YORK STATE OR FEDERAL AGENCY, SHALL SUBMIT EVIDENCE
TO THE SECRETARY OF STATE, IN A FORM AND MANNER TO BE PRESCRIBED BY THE
SECRETARY, OF ANY LICENSE, REGISTRATION, CHARTER, CERTIFICATION OR
INCORPORATION ISSUED BY AN AGENCY OR GOVERNMENTAL ENTITY IN THIS OR ANY
OTHER STATE.
12. ENFORCEMENT. A. EVERY VIOLATION OF THIS SECTION SHALL BE DEEMED A
DECEPTIVE ACT AND PRACTICE SUBJECT TO ENFORCEMENT UNDER ARTICLE TWENTY-
TWO-A OF THIS CHAPTER. IN ADDITION, THE DISTRICT ATTORNEY, COUNTY ATTOR-
NEY, AND THE CORPORATION COUNSEL SHALL HAVE CONCURRENT AUTHORITY TO SEEK
THE RELIEF IN PARAGRAPH B OF THIS SUBDIVISION, AND ALL CIVIL PENALTIES
OBTAINED IN ANY SUCH ACTION SHALL BE RETAINED BY THE MUNICIPALITY OR
COUNTY.
B. IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A VIOLATION OF
THIS SECTION HAS OCCURRED, IT MAY IMPOSE A CIVIL PENALTY OF NOT LESS
THAN ONE THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND DOLLARS FOR EACH
VIOLATION PROVIDED THAT FOR A VIOLATION OF SUBDIVISION SEVEN OF THIS
SECTION, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT LESS THAN FIVE
THOUSAND DOLLARS NOR MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.
SUCH PENALTY SHALL BE IN ADDITION TO THE DENIAL OF REGISTRATION OR
RENEWAL, SUSPENSION OF REGISTRATION OR REVOCATION OF REGISTRATION OR
ASSESSMENT OF A FINE AUTHORIZED BY SUBDIVISION FOUR OF THIS SECTION.
C. ANY PERSON WHO CONTRACTS WITH A TELEMARKETER FOR TELEMARKETING
SERVICES AND HAS ACTUAL KNOWLEDGE THAT THE TELEMARKETER IS ACTING IN
VIOLATION OF THIS SECTION SHALL BE DEEMED TO BE IN VIOLATION OF THIS
S. 7508 87 A. 9508
SECTION, UNLESS SUCH PERSON TAKES REASONABLE MEASURES TO PREVENT AND
CORRECT ANY CONDUCT THAT VIOLATES THIS SECTION.
D. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
13. CRIMINAL PENALTIES. ANY PERSON WHO IS CONVICTED OF KNOWINGLY
VIOLATING PARAGRAPH A OR B OF SUBDIVISION TWO OF THIS SECTION, OR
SUBPARAGRAPH (II), (III), (IV) OR (V) OF PARAGRAPH A OF SUBDIVISION FIVE
OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR. ANY PERSON WHO
IS CONVICTED OF KNOWINGLY VIOLATING SUBPARAGRAPH (XI) OR (XII) OF PARA-
GRAPH A OF SUBDIVISION FIVE OF THIS SECTION SHALL BE GUILTY OF A CLASS A
MISDEMEANOR.
14. SEPARABILITY CLAUSE; CONSTRUCTION. IF ANY PART OR PROVISION OF
THIS SECTION OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCES
BE ADJUDGED INVALID BY ANY COURT OF COMPETENT JURISDICTION, SUCH JUDG-
MENT SHALL BE CONFINED IN ITS OPERATIONS TO THE PART, PROVISION OR
APPLICATION DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN RENDERED AND SHALL NOT AFFECT OR IMPAIR THE VALIDITY OF
THE REMAINDER OF THIS SECTION OR THE APPLICATION THEREOF TO OTHER
PERSONS OR CIRCUMSTANCES.
§ 2. Sections 399-z, 399-p and 399-pp of the general business law are
REPEALED.
§ 3. This act shall take effect immediately.
PART U
Section 1. Section 70 of the state law is amended to read as follows:
§ 70. Description of the arms of the state and the state flag. The
device of arms of this state[, as adopted March sixteenth, seventeen
hundred and seventy-eight,] is hereby declared to be correctly described
as follows:
Charge. Azure, in a landscape, the sun in fess, rising in splendor or,
behind a range of three mountains, the middle one the highest; in base a
ship and sloop under sail, passing and about to meet on a river,
bordered below by a grassy shore fringed with shrubs, all proper.
Crest. On a wreath azure and or, an American eagle proper, rising to
the dexter from a two-thirds of a globe terrestrial, showing the north
Atlantic ocean with outlines of its shores.
Supporters. On a quasi compartment formed by the extension of the
scroll.
Dexter. The figure of Liberty proper, her hair disheveled and deco-
rated with pearls, vested azure, sandaled gules, about the waist a cinc-
ture or, fringed gules, a mantle of the last depending from the shoul-
ders behind to the feet, in the dexter hand a staff ensigned with a
Phrygian cap or, the sinister arm embowed, the hand supporting the
shield at the dexter chief point, a royal crown by her sinister foot
dejected.
Sinister. The figure of Justice proper, her hair disheveled and deco-
rated with pearls, vested or, about the waist a cincture azure, fringed
gules, sandaled and mantled as Liberty, bound about the eyes with a
fillet proper, in the dexter hand a straight sword hilted or, erect,
resting on the sinister chief point of the shield, the sinister arm
embowed, holding before her her scales proper.
Motto. On a scroll below the shield argent, in sable, TWO LINES. ON
LINE ONE, Excelsior AND ON LINE TWO, E PLURIBUS UNUM.
S. 7508 88 A. 9508
State flag. The state flag is hereby declared to be blue, charged with
the arms of the state in the colors as described in the blazon of this
section.
§ 2. (a) Any state flag, object, or printed materials containing the
depiction of the former arms of the state may continue to be used until
such flag, object, or printed materials' useful life has expired or
until the person possessing such flag, object, or printed material
replaces it. Such continued use shall not constitute a violation of
section seventy-two of the state law.
(b) Any electronic depiction of the arms of the state shall be updated
within 60 days of the effective date of this act.
(c) No state agency, local government, or public authority shall be
required to replace a flag solely because such flag contains the former
arms of the state.
§ 3. The secretary of state shall begin to use the new seal as of the
effective date of this act.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the department of
state is authorized to take any action, including entering into
contracts, that is necessary for the timely implementation of this act
on its effective date.
PART V
Section 1. Subdivision 1 of section 130 of the executive law, as
amended by section 1 of subpart D of part II of chapter 55 of the laws
of 2019, is amended to read as follows:
1. The secretary of state may appoint and commission as many notaries
public for the state of New York as in his or her judgment may be deemed
best, whose jurisdiction shall be co-extensive with the boundaries of
the state. The appointment of a notary public shall be for a term of
four years. An application for an appointment as notary public shall be
in form and set forth such matters as the secretary of state shall
prescribe. Every person appointed as notary public must, at the time of
his or her appointment, be [a citizen of the United States and either] a
resident of the state of New York or have an office or place of business
in New York state. A notary public who is a resident of the state and
who moves out of the state but still maintains a place of business or an
office in New York state does not vacate his or her office as a notary
public. A notary public who is a nonresident and who ceases to have an
office or place of business in this state, vacates his or her office as
a notary public. A notary public who is a resident of New York state and
moves out of the state and who does not retain an office or place of
business in this state shall vacate his or her office as a notary
public. A non-resident who accepts the office of notary public in this
state thereby appoints the secretary of state as the person upon whom
process can be served on his or her behalf. Before issuing to any appli-
cant a commission as notary public, unless he or she be an attorney and
counsellor at law duly admitted to practice in this state or a court
clerk of the unified court system who has been appointed to such posi-
tion after taking a civil service promotional examination in the court
clerk series of titles, the secretary of state shall satisfy himself or
herself that the applicant is of good moral character, has the equiv-
alent of a common school education and is familiar with the duties and
responsibilities of a notary public; provided, however, that where a
notary public applies, before the expiration of his or her term, for
S. 7508 89 A. 9508
reappointment with the county clerk or where a person whose term as
notary public shall have expired applies within six months thereafter
for reappointment as a notary public with the county clerk, such quali-
fying requirements may be waived by the secretary of state, and further,
where an application for reappointment is filed with the county clerk
after the expiration of the aforementioned renewal period by a person
who failed or was unable to re-apply by reason of his or her induction
or enlistment in the armed forces of the United States, such qualifying
requirements may also be waived by the secretary of state, provided such
application for reappointment is made within a period of one year after
the military discharge of the applicant under conditions other than
dishonorable. In any case, the appointment or reappointment of any
applicant is in the discretion of the secretary of state. The secretary
of state may suspend or remove from office, for misconduct, any notary
public appointed by him or her but no such removal shall be made unless
the person who is sought to be removed shall have been served with a
copy of the charges against him or her and have an opportunity of being
heard. No person shall be appointed as a notary public under this arti-
cle who has been convicted, in this state or any other state or territo-
ry, of a crime, unless the secretary makes a finding in conformance with
all applicable statutory requirements, including those contained in
article twenty-three-A of the correction law, that such convictions do
not constitute a bar to appointment.
§ 2. Subdivision 1 of section 130 of the executive law, as amended by
chapter 490 of the laws of 2019, is amended to read as follows:
1. The secretary of state may appoint and commission as many notaries
public for the state of New York as in his or her judgment may be deemed
best, whose jurisdiction shall be co-extensive with the boundaries of
the state. The appointment of a notary public shall be for a term of
four years. An application for an appointment as notary public shall be
in form and set forth such matters as the secretary of state shall
prescribe. Every person appointed as notary public must, at the time of
his or her appointment, be [a citizen of the United States and either] a
resident of the state of New York or have an office or place of business
in New York state. A notary public who is a resident of the state and
who moves out of the state but still maintains a place of business or an
office in New York state does not vacate his or her office as a notary
public. A notary public who is a nonresident and who ceases to have an
office or place of business in this state, vacates his or her office as
a notary public. A notary public who is a resident of New York state and
moves out of the state and who does not retain an office or place of
business in this state shall vacate his or her office as a notary
public. A non-resident who accepts the office of notary public in this
state thereby appoints the secretary of state as the person upon whom
process can be served on his or her behalf. Before issuing to any appli-
cant a commission as notary public, unless he or she be an attorney and
counsellor at law duly admitted to practice in this state or a court
clerk of the unified court system who has been appointed to such posi-
tion after taking a civil service promotional examination in the court
clerk series of titles, the secretary of state shall satisfy himself or
herself that the applicant is of good moral character, has the equiv-
alent of a common school education and is familiar with the duties and
responsibilities of a notary public; provided, however, that where a
notary public applies, before the expiration of his or her term, for
reappointment with the county clerk or where a person whose term as
notary public shall have expired applies within six months thereafter
S. 7508 90 A. 9508
for reappointment as a notary public with the county clerk, such quali-
fying requirements may be waived by the secretary of state, and further,
where an application for reappointment is filed with the county clerk
after the expiration of the aforementioned renewal period by a person
who failed or was unable to re-apply by reason of his or her induction
or enlistment in the armed forces of the United States, such qualifying
requirements may also be waived by the secretary of state, provided such
application for reappointment is made within a period of one year after
the military discharge of the applicant under conditions other than
dishonorable, or if the applicant has a qualifying condition, as defined
in section three hundred fifty of this chapter, within a period of one
year after the applicant has received a discharge other than bad conduct
or dishonorable from such service, or if the applicant is a discharged
LGBT veteran, as defined in section three hundred fifty of this chapter,
within a period of one year after the applicant has received a discharge
other than bad conduct or dishonorable from such service. In any case,
the appointment or reappointment of any applicant is in the discretion
of the secretary of state. The secretary of state may suspend or remove
from office, for misconduct, any notary public appointed by him or her
but no such removal shall be made unless the person who is sought to be
removed shall have been served with a copy of the charges against him or
her and have an opportunity of being heard. No person shall be
appointed as a notary public under this article who has been convicted,
in this state or any other state or territory, of a crime, unless the
secretary makes a finding in conformance with all applicable statutory
requirements, including those contained in article twenty-three-A of the
correction law, that such convictions do not constitute a bar to
appointment.
§ 3. Section 440-a of the real property law, as amended by section 1
of subpart G of part II of chapter 55 of the laws of 2019, is amended to
read as follows:
§ 440-a. License required for real estate brokers and salesmen. No
person, co-partnership, limited liability company or corporation shall
engage in or follow the business or occupation of, or hold himself or
itself out or act temporarily or otherwise as a real estate broker or
real estate salesman in this state without first procuring a license
therefor as provided in this article. No person shall be entitled to a
license as a real estate broker under this article, either as an indi-
vidual or as a member of a co-partnership, or as a member or manager of
a limited liability company or as an officer of a corporation, unless he
or she is twenty years of age or over[, a citizen of the United States
or an alien lawfully admitted for permanent residence in the United
States]. No person shall be entitled to a license as a real estate
salesman under this article unless he or she is over the age of eighteen
years. No person shall be entitled to a license as a real estate broker
or real estate salesman under this article who has been convicted in
this state or elsewhere of a crime, unless the secretary makes a finding
in conformance with all applicable statutory requirements, including
those contained in article twenty-three-A of the correction law, that
such convictions do not constitute a bar to licensure. No person shall
be entitled to a license as a real estate broker or real estate salesman
under this article who does not meet the requirements of section 3-503
of the general obligations law.
Notwithstanding anything to the contrary in this section, tenant asso-
ciations and not-for-profit corporations authorized in writing by the
commissioner of the department of the city of New York charged with
S. 7508 91 A. 9508
enforcement of the housing maintenance code of such city to manage resi-
dential property owned by such city or appointed by a court of competent
jurisdiction to manage residential property owned by such city shall be
exempt from the licensing provisions of this section with respect to the
properties so managed.
§ 4. Subdivision 1 of section 72 of the general business law, as
amended by chapter 164 of the laws of 2003, is amended to read as
follows:
1. If the applicant is a person, the application shall be subscribed
by such person, and if the applicant is a firm or partnership the appli-
cation shall be subscribed by each individual composing or intending to
compose such firm or partnership. The application shall state the full
name, age, residences within the past three years, present and previous
occupations of each person or individual so signing the same, [that each
person or individual is a citizen of the United States or an alien
lawfully admitted for permanent residence in the United States] and
shall also specify the name of the city, town or village, stating the
street and number, if the premises have a street and number, and other-
wise such apt description as will reasonably indicate the location ther-
eof, where is to be located the principal place of business and the
bureau, agency, sub-agency, office or branch office for which the
license is desired, and such further facts as may be required by the
department of state to show the good character, competency and integrity
of each person or individual so signing such application. Each person or
individual signing such application shall, together with such applica-
tion, submit to the department of state, his photograph, taken within
six months prior thereto in duplicate, in passport size and also two
sets of fingerprints of his two hands recorded in such manner as may be
specified by the secretary of state or the secretary of state's author-
ized representative. Before approving such application it shall be the
duty of the secretary of state or the secretary of state's authorized
representative to forward one copy of such fingerprints to the division
of criminal justice services. Upon receipt of such fingerprints, such
division shall forward to the secretary of state a report with respect
to the applicant's previous criminal history, if any, or a statement
that the applicant has no previous criminal history according to its
files. If additional copies of fingerprints are required the applicant
shall furnish them upon request. Such fingerprints may be submitted to
the federal bureau of investigation for a national criminal history
record check. The secretary shall reveal the name of the applicant to
the chief of police and the district attorney of the applicant's resi-
dence and of the proposed place of business and shall request of them a
report concerning the applicant's character in the event they shall have
information concerning it. The secretary shall take such other steps as
may be necessary to investigate the honesty, good character and integri-
ty of each applicant. Every such applicant for a license as private
investigator shall establish to the satisfaction of the secretary of
state (a) if the applicant be a person, or, (b) in the case of a firm,
limited liability company, partnership or corporation, at least one
member of such firm, partnership, limited liability company or corpo-
ration, has been regularly employed, for a period of not less than three
years, undertaking such investigations as those described as performed
by a private investigator in subdivision one of section seventy-one of
this article, as a sheriff, police officer in a city or county police
department, or the division of state police, investigator in an agency
of the state, county, or United States government, or employee of a
S. 7508 92 A. 9508
licensed private investigator, or has had an equivalent position and
experience or that such person or member was an employee of a police
department who rendered service therein as a police officer for not less
than twenty years or was an employee of a fire department who rendered
service therein as a fire marshal for not less than twenty years. Howev-
er, employment as a watchman, guard or private patrolman shall not be
considered employment as a "private investigator" for purposes of this
section. Every such applicant for a license as watch, guard or patrol
agency shall establish to the satisfaction of the secretary of state (a)
if the applicant be a person, or, (b) in the case of a firm, limited
liability company, partnership or corporation, at least one member of
such firm, partnership, limited liability company or corporation, has
been regularly employed, for a period of not less than two years,
performing such duties or providing such services as described as those
performed or furnished by a watch, guard or patrol agency in subdivision
two of section seventy-one of this article, as a sheriff, police officer
in a city or county police department, or employee of an agency of the
state, county or United States government, or licensed private investi-
gator or watch, guard or patrol agency, or has had an equivalent posi-
tion and experience; qualifying experience shall have been completed
within such period of time and at such time prior to the filing of the
application as shall be satisfactory to the secretary of state. The
person or member meeting the experience requirement under this subdivi-
sion and the person responsible for the operation and management of each
bureau, agency, sub-agency, office or branch office of the applicant
shall provide sufficient proof of having taken and passed a written
examination prescribed by the secretary of state to test their under-
standing of their rights, duties and powers as a private investigator
and/or watchman, guard or private patrolman, depending upon the work to
be performed under the license. In the case of an application subscribed
by a resident of the state of New York such application shall be
approved, as to each resident person or individual so signing the same,
but not less than five reputable citizens of the community in which such
applicant resides or transacts business, or in which it is proposed to
own, conduct, manage or maintain the bureau, agency, sub-agency, office
or branch office for which the license is desired, each of whom shall
subscribe and affirm as true, under the penalties of perjury, that he
has personally known the said person or individual for a period of at
least five years prior to the filing of such application, that he has
read such application and believes each of the statements made therein
to be true, that such person is honest, of good character and competent,
and not related or connected to the person so certifying by blood or
marriage. In the case of an application subscribed by a non-resident of
the state of New York such application shall be approved, as to each
non-resident person or individual so signing the same by not less than
five reputable citizens of the community in which such applicant
resides. The certificate of approval shall be signed by such reputable
citizens and duly verified and acknowledged by them before an officer
authorized to take oaths and acknowledgment of deeds. All provisions of
this section, applying to corporations, shall also apply to joint-stock
associations, except that each such joint-stock association shall file a
duly certified copy of its certificate of organization in the place of
the certified copy of its certificate of incorporation herein required.
§ 5. Subdivision 2 of section 81 of the general business law, as
amended by chapter 756 of the laws of 1952 and paragraph (b) as amended
by chapter 133 of the laws of 1982, is amended to read as follows:
S. 7508 93 A. 9508
2. No person shall hereafter be employed by any holder of a license
certificate until he shall have executed and furnished to such license
certificate holder a verified statement, to be known as "employee's
statement," setting forth:
(a) His full name, age and residence address.
(b) [That the applicant for employment is a citizen of the United
States or an alien lawfully admitted for permanent residence in the
United States.
(c)] The business or occupation engaged in for the three years imme-
diately preceding the date of the filing of the statement, setting forth
the place or places where such business or occupation was engaged in,
and the name or names of employers, if any.
[(d)] (C) That he has not been convicted of a felony or of any offense
involving moral turpitude or of any of the misdemeanors or offenses
described in subdivision one of this section.
[(e)] (D) Such further information as the department of state may by
rule require to show the good character, competency, and integrity of
the person executing the statement.
§ 6. Subdivision 4 of section 89-h of the general business law, as
added by chapter 336 of the laws of 1992, is amended to read as follows:
[4. Citizenship: be a citizen or resident alien of the United States;]
§ 7. This act shall take effect immediately; provided, however,
section two of this act shall take effect on the same date and in the
same manner as section 36 of chapter 490 of the laws of 2019, takes
effect.
PART W
Section 1. Paragraph (c) of subdivision 1 of section 444-e of the real
property law, as amended by chapter 541 of the laws of 2019, is amended
to read as follows:
(c) have passed the National Home Inspector examination OR AN EXAMINA-
TION OFFERED BY THE SECRETARY, IN ANY FORMAT, THAT IN THE JUDGMENT OF
THE SECRETARY SUFFICIENTLY TESTS SUCH APPLICANT TO BE ENGAGED AS A
PROFESSIONAL HOME INSPECTOR; and
§ 2. This act shall take effect immediately and shall apply to appli-
cations for a license as a professional home inspector received on or
after November 25, 2019.
PART X
Section 1. Paragraph (e) of section 104 of the business corporation
law, as amended by chapter 832 of the laws of 1982, is amended to read
as follows:
(e) If an instrument which is delivered to the department of state for
filing complies as to form with the requirements of law and there has
been attached to it the consent or approval of the state official,
department, board, agency or other body, if any, whose consent to or
approval of such instrument or the filing thereof is required by any
statute of this state and the filing fee and tax, if any, required by
any statute of this state in connection therewith have been paid, the
instrument shall be filed and indexed by the department of state. No
certificate of authentication or conformity or other proof shall be
required with respect to any verification, oath or acknowledgment of any
instrument delivered to the department of state under this chapter, if
such verification, oath or acknowledgment purports to have been made
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before a notary public, or person performing the equivalent function, of
one of the states, or any subdivision thereof, of the United States or
the District of Columbia. Without limiting the effect of section four
hundred three of this chapter, filing and indexing by the department of
state shall not be deemed a finding that a certificate conforms to law,
nor shall it be deemed to constitute an approval by the department of
state of the name of the corporation or the contents of the certificate,
nor shall it be deemed to prevent any person with appropriate standing
from contesting the legality thereof in an appropriate forum. THE
INSTRUMENT'S DATE OF FILING SHALL BE THE DATE THE INSTRUMENT WAS
RECEIVED BY THE DEPARTMENT OF STATE FOR FILING. AN INSTRUMENT THAT IS
DETERMINED BY THE DEPARTMENT OF STATE TO BE UNACCEPTABLE FOR FILING
SHALL BE RETURNED TO THE PERSON FILING THE INSTRUMENT WITH AN EXPLANA-
TION OF THE REASON FOR THE REFUSAL TO FILE. IF THE FILER RETURNS THE
CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS ORIGINALLY
RECEIVED BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY THE DEPART-
MENT OF STATE TO BE ACCEPTABLE FOR FILING, THE INSTRUMENT SHALL BE FILED
AND INDEXED BY THE DEPARTMENT OF STATE AND THE FILING DATE OF THE
INSTRUMENT SHALL BE THE FILING DATE THAT WOULD HAVE BEEN APPLIED HAD THE
ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
§ 2. Paragraph (r) of section 104-A of the business corporation law is
REPEALED.
§ 3. Section 408 of the business corporation law, as amended by
section 3 of part S of chapter 59 of the laws of 2015 and paragraph 1 as
amended by chapter 747 of the laws of 2019, is amended to read as
follows:
§ 408. Statement; filing.
1. [Except as provided in paragraph eight of this section, each] EACH
domestic corporation, and each foreign corporation authorized to do
business in this state, shall, during the applicable filing period as
determined by subdivision three of this section, file a statement
setting forth:
(a) The name and business address of its chief executive officer.
(b) The street address of its principal executive office.
(c) The post office address within or without this state to which the
secretary of state shall mail a copy of any process against it served
upon him or her. Such address shall supersede any previous address on
file with the department of state for this purpose.
(d) The number of directors constituting the board and how many direc-
tors of such board are women.
2. [Except as provided in paragraph eight of this section, such] SUCH
statement shall be made on forms prescribed by the secretary of state,
and the information therein contained shall be given as of the date of
the execution of the statement. Such statement shall only request
reporting of information required under paragraph one of this section.
It shall be signed and delivered to the department of state. NO FEE
SHALL BE COLLECTED FOR THE FILING OF THE STATEMENT.
3. [Except as provided in paragraph eight of this section, for] FOR
the purpose of this section the applicable filing period for a corpo-
ration shall be the calendar month during which its original certificate
of incorporation or application for authority were filed or the effec-
tive date thereof if stated. The applicable filing period shall only
occur: (a) annually, during the period starting on April 1, 1992 and
ending on March 31, 1994; and (b) biennially, during a period starting
on April 1 and ending on March 31 thereafter. Those corporations that
filed between April 1, 1992 and June 30, 1994 shall not be required to
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file such statements again until such time as they would have filed, had
this subdivision not been amended.
4. The provisions of paragraph (g) of section one hundred four of this
chapter shall not be applicable to filings pursuant to this section.
5. The provisions of this section and section 409 of this article
shall not apply to a farm corporation. For the purposes of this subdivi-
sion, the term "farm corporation" shall mean any domestic corporation or
foreign corporation authorized to do business in this state under this
chapter engaged in the production of crops, livestock and livestock
products on land used in agricultural production, as defined in section
301 of the agriculture and markets law. However, this exception shall
not apply to farm corporations that have filed statements with the
department of state which have been submitted through the department of
taxation and finance pursuant to paragraph eight of this section.
6. No such statement shall be accepted for filing when a certificate
of resignation for receipt of process has been filed under section three
hundred six-A of this chapter unless the corporation has stated a
different address for process which does not include the name of the
party previously designated in the address for process in such certif-
icate.
7. A domestic corporation or foreign corporation may amend its state-
ment to change the information required by subparagraphs (a) and (b) of
paragraph one of this section. Such amendment shall be made on forms
prescribed by the secretary of state. It shall be signed and delivered
to the department of state. NO FEE SHALL BE COLLECTED FOR THE FILING OF
THE AMENDMENT.
[8. (a) The commissioner of taxation and finance and the secretary of
state may agree to allow corporations to provide the statement specified
in paragraph one of this section on tax reports filed with the depart-
ment of taxation and finance in lieu of biennial statements. This agree-
ment may apply to tax reports due for tax years starting on or after
January first, two thousand sixteen.
(b) If the agreement described in subparagraph (a) of this paragraph
is made, each corporation required to file the statement specified in
paragraph one of this section that is also subject to tax under article
nine or nine-A of the tax law shall include such statement annually on
its tax report filed with the department of taxation and finance in lieu
of filing a statement under this section with the department of state
and in a manner prescribed by the commissioner of taxation and finance.
However, each corporation required to file a statement under this
section must continue to file the biennial statement required by this
section with the department of state until the corporation in fact has
filed a tax report with the department of taxation and finance that
includes all required information. After that time, the corporation
shall continue to deliver annually the statement specified in paragraph
one of this section on its tax report in lieu of the biennial statement
required by this section.
(c) If the agreement described in subparagraph (a) of this paragraph
is made, the department of taxation and finance shall deliver to the
department of state for filing the statement specified in paragraph one
of this section for each corporation that files a tax report containing
such statement. The department of taxation and finance must, to the
extent feasible, also include the current name of the corporation,
department of state identification number for such corporation, the
name, signature and capacity of the signer of the statement, name and
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street address of the filer of the statement, and the email address, if
any, of the filer of the statement.]
§ 4. Section 409 of the business corporation law is REPEALED.
§ 5. Subdivision 16 of section 96 of the executive law, as added by
chapter 561 of the laws of 1990, is amended to read as follows:
16. (A) Consistent with the provisions of the corporate laws of the
state of New York, the department of state [shall] MAY produce or
reproduce the content of any informational systems maintained pursuant
to such laws. The secretary of state shall establish the type and amount
of the reasonable fees to be collected by the department of state for
such informational systems. Such fees shall be subject to approval of
the director of the budget and shall be promulgated in the official
rules and regulations of the department of state in accordance with the
provisions of the state administrative procedure act.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE DEPARTMENT
OF STATE MAY MAKE THE CONTENT OF ANY SUCH INFORMATION SYSTEMS AVAILABLE
TO THE PUBLIC ON ANY WEBSITE MAINTAINED BY THE DEPARTMENT OF STATE BY
THE STATE WITHOUT CHARGE.
§ 6. Section 209 of the limited liability company law is amended to
read as follows:
§ 209. Filing with the department of state. A signed articles of
organization and any signed certificate of amendment or other certif-
icates filed pursuant to this chapter or of any judicial decree of
amendment or cancellation shall be delivered to the department of state.
If the instrument that is delivered to the department of state for
filing complies as to form with the requirements of law and the filing
fee required by any statute of this state in connection therewith has
been paid, the instrument shall be filed and indexed by the department
of state. The department of state shall not review such articles or
certificates for legal sufficiency; its review shall be limited to
determining that the form has been completed. THE INSTRUMENT'S DATE OF
FILING SHALL BE THE DATE THE INSTRUMENT WAS RECEIVED BY THE DEPARTMENT
OF STATE FOR FILING. AN INSTRUMENT THAT IS DETERMINED BY THE DEPARTMENT
OF STATE TO BE UNACCEPTABLE FOR FILING SHALL BE RETURNED TO THE PERSON
FILING THE INSTRUMENT WITH AN EXPLANATION OF THE REASON FOR THE REFUSAL
TO FILE. IF THE FILER RETURNS THE CORRECTED INSTRUMENT WITHIN THIRTY
DAYS FROM THE DATE IT WAS ORIGINALLY RECEIVED BY THE DEPARTMENT OF STATE
AND IT IS DETERMINED BY THE DEPARTMENT OF STATE TO BE ACCEPTABLE FOR
FILING, THE INSTRUMENT SHALL BE FILED AND INDEXED BY THE DEPARTMENT OF
STATE AND THE FILING DATE OF THE INSTRUMENT SHALL BE THE FILING DATE
THAT WOULD HAVE BEEN APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE
FOR FILING.
§ 7. Subdivision (e) of section 301 of the limited liability company
law, as amended by section 5 of part S of chapter 59 of the laws of
2015, is amended to read as follows:
(e) [(1) Except as otherwise provided in this subdivision, every]
EVERY limited liability company to which this chapter applies, shall
biennially in the calendar month during which its articles of organiza-
tion or application for authority were filed, or effective date thereof
if stated, file on forms prescribed by the secretary of state, a state-
ment setting forth:
(I) the post office address within or without this state to which the
secretary of state shall mail a copy of any process accepted against it
served upon him or her. Such address shall supersede any previous
address on file with the department of state for this purpose;
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(II) THE NAME AND ADDRESS OF ANY MANAGERS APPOINTED OR ELECTED IN
ACCORDANCE WITH THE ARTICLES OF ORGANIZATION OR OPERATING AGREEMENT; AND
(III) THE NAME AND ADDRESS OF THE TEN MEMBERS WITH THE LARGEST
PERCENTAGE OWNERSHIP INTEREST, AS DETERMINED AS OF THE TIME THE STATE-
MENT IS FILED BY THE DEPARTMENT OF STATE. NO FEE SHALL BE COLLECTED FOR
THE FILING OF THE STATEMENT.
[(2) The commissioner of taxation and finance and the secretary of
state may agree to allow limited liability companies to include the
statement specified in paragraph one of this subdivision on tax reports
filed with the department of taxation and finance in lieu of biennial
statements and in a manner prescribed by the commissioner of taxation
and finance. If this agreement is made, starting with taxable years
beginning on or after January first, two thousand sixteen, each limited
liability company required to file the statement specified in paragraph
one of this subdivision that is subject to the filing fee imposed by
paragraph three of subsection (c) of section six hundred fifty-eight of
the tax law shall provide such statement annually on its filing fee
payment form filed with the department of taxation and finance in lieu
of filing a statement under this section with the department of state.
However, each limited liability company required to file a statement
under this section must continue to file the biennial statement required
by this section with the department of state until the limited liability
company in fact has filed a filing fee payment form with the department
of taxation and finance that includes all required information. After
that time, the limited liability company shall continue to provide annu-
ally the statement specified in paragraph one of this subdivision on its
filing fee payment form in lieu of the biennial statement required by
this subdivision.
(3) If the agreement described in paragraph two of this subdivision is
made, the department of taxation and finance shall deliver to the
department of state the statement specified in paragraph one of this
subdivision contained on filing fee payment forms. The department of
taxation and finance must, to the extent feasible, also include the
current name of the limited liability company, department of state iden-
tification number for such limited liability company, the name, signa-
ture and capacity of the signer of the statement, name and street
address of the filer of the statement, and the email address, if any, of
the filer of the statement.]
§ 8. Subdivision (c) of section 1101 of the limited liability company
law is REPEALED.
§ 9. Paragraph (e) of section 104 of the not-for-profit corporation
law, as amended by chapter 833 of the laws of 1982, is amended to read
as follows:
(e) If an instrument which is delivered to the department of state for
filing complies as to form with the requirements of law and there has
been attached to it the consent or approval of the supreme court
justice, governmental body or officer, or, other person or body, if any,
whose consent to or approval of such instrument or the filing thereof is
required by any statute of this state and the filing fee and tax, if
any, required by any statute of this state in connection therewith have
been paid, the instrument shall be filed and indexed by the department
of state. No certificate of authentication or conformity or other proof
shall be required with respect to any verification, oath or acknowledg-
ment of any instrument delivered to the department of state under this
chapter, if such verification, oath or acknowledgment purports to have
been made before a notary public, or person performing the equivalent
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function, of one of the states, or any subdivision thereof, of the
United States or the District of Columbia. Without limiting the effect
of section four hundred three of this chapter, filing and indexing by
the department of state shall not be deemed a finding that a certificate
conforms to law, nor shall it be deemed to constitute an approval by the
department of state of the name of the corporation or the contents of
the certificate, nor shall it be deemed to prevent any person with
appropriate standing from contesting the legality thereof in an appro-
priate forum. THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE THE
INSTRUMENT WAS RECEIVED BY THE DEPARTMENT OF STATE FOR FILING. AN
INSTRUMENT THAT IS DETERMINED BY THE DEPARTMENT OF STATE TO BE UNACCEPT-
ABLE FOR FILING SHALL BE RETURNED TO THE PERSON FILING THE INSTRUMENT
WITH AN EXPLANATION OF THE REASON FOR THE REFUSAL TO FILE. IF THE FILER
RETURNS THE CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS
ORIGINALLY RECEIVED BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY
THE DEPARTMENT OF STATE TO BE ACCEPTABLE FOR FILING, THE INSTRUMENT
SHALL BE FILED AND INDEXED BY THE DEPARTMENT OF STATE AND THE FILING
DATE OF THE INSTRUMENT SHALL BE THE FILING DATE THAT WOULD HAVE BEEN
APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
§ 10. Section 121-206 of the partnership law, as added by chapter 950
of the laws of 1990, is amended to read as follows:
§ 121-206. Filing with the department of state. A signed certificate
of limited partnership and any signed certificates of amendment or other
certificates filed pursuant to this article or of any judicial decree of
amendment or cancellation shall be delivered to the department of state.
If the instrument which is delivered to the department of state for
filing complies as to form with the requirements of law and the filing
fee required by any statute of this state in connection therewith has
been paid, the instrument shall be filed and indexed by the department
of state. THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE THE INSTRU-
MENT WAS RECEIVED BY THE DEPARTMENT OF STATE FOR FILING. AN INSTRUMENT
THAT IS DETERMINED BY THE DEPARTMENT OF STATE TO BE UNACCEPTABLE FOR
FILING SHALL BE RETURNED TO THE PERSON FILING THE INSTRUMENT WITH AN
EXPLANATION OF THE REASON FOR THE REFUSAL TO FILE. IF THE FILER RETURNS
THE CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS
ORIGINALLY RECEIVED BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY
THE DEPARTMENT OF STATE TO BE ACCEPTABLE FOR FILING, THE INSTRUMENT
SHALL BE FILED AND INDEXED BY THE DEPARTMENT OF STATE AND THE FILING
DATE OF THE INSTRUMENT SHALL BE THE FILING DATE THAT WOULD HAVE BEEN
APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
§ 11. Subdivision (e) of section 121-1500 of the partnership law, as
added by chapter 576 of the laws of 1994, is amended to read as follows:
(e) If the signed registration OR OTHER INSTRUMENT delivered to the
department of state for filing complies as to form with the requirements
of law and the filing fee required by any statute of this state has been
paid, the [registration] INSTRUMENT shall be filed and indexed by the
department of state. THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE
THE INSTRUMENT WAS RECEIVED BY THE DEPARTMENT OF STATE FOR FILING. AN
INSTRUMENT THAT IS DETERMINED BY THE DEPARTMENT OF STATE TO BE UNACCEPT-
ABLE FOR FILING SHALL BE RETURNED TO THE PERSON FILING THE INSTRUMENT
WITH AN EXPLANATION OF THE REASON FOR THE REFUSAL TO FILE. IF THE FILER
RETURNS THE CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS
ORIGINALLY RECEIVED BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY
THE DEPARTMENT OF STATE TO BE ACCEPTABLE FOR FILING, THE INSTRUMENT
SHALL BE FILED AND INDEXED BY THE DEPARTMENT OF STATE AND THE FILING
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DATE OF THE INSTRUMENT SHALL BE THE FILING DATE THAT WOULD HAVE BEEN
APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
§ 12. Subdivision (g) of section 121-1500 of the partnership law, as
amended by section 8 of part S of chapter 59 of the laws of 2015, is
amended to read as follows:
(g) Each registered limited liability partnership shall, within sixty
days prior to the fifth anniversary of the effective date of its regis-
tration and every five years thereafter, furnish a statement to the
department of state setting forth: (i) the name of the registered limit-
ed liability partnership, (ii) the address of the principal office of
the registered limited liability partnership, (iii) the post office
address within or without this state to which the secretary of state
shall mail a copy of any process accepted against it served upon him or
her, which address shall supersede any previous address on file with the
department of state for this purpose, and (iv) a statement that it is
eligible to register as a registered limited liability partnership
pursuant to subdivision (a) of this section. The statement shall be
executed by one or more partners of the registered limited liability
partnership. [The statement shall be accompanied by a fee of twenty
dollars if submitted directly to the department of state. The commis-
sioner of taxation and finance and the secretary of state may agree to
allow registered limited liability partnerships to provide the statement
specified in this subdivision on tax reports filed with the department
of taxation and finance in lieu of statements filed directly with the
secretary of state and in a manner prescribed by the commissioner of
taxation and finance. If this agreement is made, starting with taxable
years beginning on or after January first, two thousand sixteen, each
registered limited liability partnership required to file the statement
specified in this subdivision that is subject to the filing fee imposed
by paragraph three of subsection (c) of section six hundred fifty-eight
of the tax law shall provide such statement annually on its filing fee
payment form filed with the department of taxation and finance in lieu
of filing a statement under this subdivision with the department of
state. However, each registered limited liability partnership required
to file a statement under this section must continue to file a statement
with the department of state as required by this section until the
registered limited liability partnership in fact has filed a filing fee
payment form with the department of taxation and finance that includes
all required information. After that time, the registered limited
liability partnership shall continue to provide annually the statement
specified in this subdivision on its filing fee payment form in lieu of
the statement required by this subdivision. The commissioner of taxation
and finance shall deliver the completed statement specified in this
subdivision to the department of state for filing. The department of
taxation and finance must, to the extent feasible, also include in such
delivery the current name of the registered limited liability partner-
ship, department of state identification number for such registered
limited liability partnership, the name, signature and capacity of the
signer of the statement, name and street address of the filer of the
statement, and the email address, if any, of the filer of the state-
ment.] NO FEE SHALL BE COLLECTED FOR THE FILING OF THE STATEMENT. If a
registered limited liability partnership shall not timely file the
statement required by this subdivision, the department of state may,
upon sixty days' notice mailed to the address of such registered limited
liability partnership as shown in the last registration or statement or
certificate of amendment filed by such registered limited liability
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partnership, make a proclamation declaring the registration of such
registered limited liability partnership to be revoked pursuant to this
subdivision. The department of state shall file the original proclama-
tion in its office and shall publish a copy thereof in the state regis-
ter no later than three months following the date of such proclamation.
[This shall not apply to registered limited liability partnerships that
have filed a statement with the department of state through the depart-
ment of taxation and finance.] Upon the publication of such proclamation
in the manner aforesaid, the registration of each registered limited
liability partnership named in such proclamation shall be deemed revoked
without further legal proceedings. Any registered limited liability
partnership whose registration was so revoked may file in the department
of state a statement required by this subdivision. The filing of such
statement shall have the effect of annulling all of the proceedings
theretofore taken for the revocation of the registration of such regis-
tered limited liability partnership under this subdivision and (1) the
registered limited liability partnership shall thereupon have such
powers, rights, duties and obligations as it had on the date of the
publication of the proclamation, with the same force and effect as if
such proclamation had not been made or published and (2) such publica-
tion shall not affect the applicability of the provisions of subdivision
(b) of section twenty-six of this chapter to any debt, obligation or
liability incurred, created or assumed from the date of publication of
the proclamation through the date of the filing of the statement with
the department of state. If, after the publication of such proclamation,
it shall be determined by the department of state that the name of any
registered limited liability partnership was erroneously included in
such proclamation, the department of state shall make appropriate entry
on its records, which entry shall have the effect of annulling all of
the proceedings theretofore taken for the revocation of the registration
of such registered limited liability partnership under this subdivision
and (A) such registered limited liability partnership shall have such
powers, rights, duties and obligations as it had on the date of the
publication of the proclamation, with the same force and effect as if
such proclamation had not been made or published and (B) such publica-
tion shall not affect the applicability of the provisions of subdivision
(b) of section twenty-six of this chapter to any debt, obligation or
liability incurred, created or assumed from the date of publication of
the proclamation through the date of the making of the entry on the
records of the department of state. Whenever a registered limited
liability partnership whose registration was revoked shall have filed a
statement pursuant to this subdivision or if the name of a registered
limited liability partnership was erroneously included in a proclamation
and such proclamation was annulled, the department of state shall
publish a notice thereof in the state register.
§ 13. Subdivision (d) of section 121-1502 of the partnership law, as
added by chapter 576 of the laws of 1994, is amended to read as follows:
(d) If a signed notice OR OTHER INSTRUMENT delivered to the department
of state for filing complies as to form with the requirements of law and
the filing fee required by any statute of this state has been paid, the
[notice] INSTRUMENT shall be filed and indexed by the department of
state. THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE THE INSTRUMENT
WAS RECEIVED BY THE DEPARTMENT OF STATE FOR FILING. AN INSTRUMENT THAT
IS DETERMINED BY THE DEPARTMENT OF STATE TO BE UNACCEPTABLE FOR FILING
SHALL BE RETURNED TO THE PERSON FILING THE INSTRUMENT WITH AN EXPLANA-
TION OF THE REASON FOR THE REFUSAL TO FILE. IF THE FILER RETURNS THE
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CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS ORIGINALLY
RECEIVED BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY THE DEPART-
MENT OF STATE TO BE ACCEPTABLE FOR FILING, THE INSTRUMENT SHALL BE FILED
AND INDEXED BY THE DEPARTMENT OF STATE AND THE FILING DATE OF THE
INSTRUMENT SHALL BE THE FILING DATE THAT WOULD HAVE BEEN APPLIED HAD THE
ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING. If a foreign limited
liability partnership that is a New York registered foreign limited
liability partnership dissolves, a foreign limited liability partnership
which is the successor to such New York registered foreign limited
liability partnership (i) shall not be required to file a new notice and
shall be deemed to have filed the notice filed by the New York regis-
tered foreign limited liability partnership pursuant to subdivision (a)
of this section, as well as any withdrawal notice filed pursuant to
subdivision (e) of this section, any statement or certificate of consent
filed pursuant to subdivision (f) of this section and any notice of
amendment filed pursuant to subdivision (i) of this section and (ii)
shall be bound by any revocation of status pursuant to subdivision (f)
of this section and any annulment thereof of the dissolved foreign
limited liability partnership that was a New York registered foreign
limited liability partnership. For purposes of this section, a foreign
limited liability partnership is a successor to a foreign limited
liability partnership that was a New York registered foreign limited
liability partnership if a majority of the total interests in the
current profits of such successor foreign limited liability partnership
are held by partners of the predecessor foreign limited liability part-
nership that was a New York registered foreign limited liability part-
nership who were partners of such predecessor partnership immediately
prior to the dissolution of such predecessor partnership.
§ 14. Paragraph (I) of subdivision (f) of section 121-1502 of the
partnership law, as amended by section 9 of part S of chapter 59 of the
laws of 2015, is amended to read as follows:
(I) Each New York registered foreign limited liability partnership
shall, within sixty days prior to the fifth anniversary of the effective
date of its notice and every five years thereafter, furnish a statement
to the department of state setting forth:
(i) the name under which the New York registered foreign limited
liability partnership is carrying on or conducting or transacting busi-
ness or activities in this state, (ii) the address of the principal
office of the New York registered foreign limited liability partnership,
(iii) the post office address within or without this state to which the
secretary of state shall mail a copy of any process accepted against it
served upon him or her, which address shall supersede any previous
address on file with the department of state for this purpose, and (iv)
a statement that it is a foreign limited liability partnership. The
statement shall be executed by one or more partners of the New York
registered foreign limited liability partnership. [The statement shall
be accompanied by a fee of fifty dollars if submitted directly to the
department of state. The commissioner of taxation and finance and the
secretary of state may agree to allow New York registered foreign limit-
ed liability partnerships to provide the statement specified in this
paragraph on tax reports filed with the department of taxation and
finance in lieu of statements filed directly with the secretary of state
and in a manner prescribed by the commissioner of taxation and finance.
If this agreement is made, starting with taxable years beginning on or
after January first, two thousand sixteen, each New York registered
foreign limited liability partnership required to file the statement
S. 7508 102 A. 9508
specified in this paragraph that is subject to the filing fee imposed by
paragraph three of subsection (c) of section six hundred fifty-eight of
the tax law shall provide such statement annually on its filing fee
payment form filed with the department of taxation and finance in lieu
of filing a statement under this paragraph directly with the department
of state. However, each New York registered foreign limited liability
partnership required to file a statement under this section must contin-
ue to file a statement with the department of state as required by this
section until the New York registered foreign limited liability partner-
ship in fact has filed a filing fee payment form with the department of
taxation and finance that includes all required information. After that
time, the New York registered foreign limited liability partnership
shall continue to provide annually the statement specified in this para-
graph on its filing fee payment form in lieu of filing the statement
required by this paragraph directly with the department of state. The
commissioner of taxation and finance shall deliver the completed state-
ment specified in this paragraph to the department of state for filing.
The department of taxation and finance must, to the extent feasible,
also include in such delivery the current name of the New York regis-
tered foreign limited liability partnership, department of state iden-
tification number for such New York registered foreign limited liability
partnership, the name, signature and capacity of the signer of the
statement, name and street address of the filer of the statement, and
the email address, if any, of the filer of the statement.] NO FEE SHALL
BE COLLECTED FOR THE FILING OF THE STATEMENT. If a New York registered
foreign limited liability partnership shall not timely file the state-
ment required by this subdivision, the department of state may, upon
sixty days' notice mailed to the address of such New York registered
foreign limited liability partnership as shown in the last notice or
statement or certificate of amendment filed by such New York registered
foreign limited liability partnership, make a proclamation declaring the
status of such New York registered foreign limited liability partnership
to be revoked pursuant to this subdivision. [This shall not apply to New
York registered foreign limited liability partnerships that have filed a
statement with the department of state through the department of taxa-
tion and finance.] The department of state shall file the original proc-
lamation in its office and shall publish a copy thereof in the state
register no later than three months following the date of such proclama-
tion. Upon the publication of such proclamation in the manner aforesaid,
the status of each New York registered foreign limited liability part-
nership named in such proclamation shall be deemed revoked without
further legal proceedings. Any New York registered foreign limited
liability partnership whose status was so revoked may file in the
department of state a statement required by this subdivision. The filing
of such statement shall have the effect of annulling all of the
proceedings theretofore taken for the revocation of the status of such
New York registered foreign limited liability partnership under this
subdivision and (1) the New York registered foreign limited liability
partnership shall thereupon have such powers, rights, duties and obli-
gations as it had on the date of the publication of the proclamation,
with the same force and effect as if such proclamation had not been made
or published and (2) such publication shall not affect the applicability
of the laws of the jurisdiction governing the agreement under which such
New York registered foreign limited liability partnership is operating
(including laws governing the liability of partners) to any debt, obli-
gation or liability incurred, created or assumed from the date of publi-
S. 7508 103 A. 9508
cation of the proclamation through the date of the filing of the state-
ment with the department of state. If, after the publication of such
proclamation, it shall be determined by the department of state that the
name of any New York registered foreign limited liability partnership
was erroneously included in such proclamation, the department of state
shall make appropriate entry on its records, which entry shall have the
effect of annulling all of the proceedings theretofore taken for the
revocation of the status of such New York registered foreign limited
liability partnership under this subdivision and (1) such New York
registered foreign limited liability partnership shall have such powers,
rights, duties and obligations as it had on the date of the publication
of the proclamation, with the same force and effect as if such proclama-
tion had not been made or published and (2) such publication shall not
affect the applicability of the laws of the jurisdiction governing the
agreement under which such New York registered foreign limited liability
partnership is operating (including laws governing the liability of
partners) to any debt, obligation or liability incurred, created or
assumed from the date of publication of the proclamation through the
date of the making of the entry on the records of the department of
state. Whenever a New York registered foreign limited liability partner-
ship whose status was revoked shall have filed a statement pursuant to
this subdivision or if the name of a New York registered foreign limited
liability partnership was erroneously included in a proclamation and
such proclamation was annulled, the department of state shall publish a
notice thereof in the state register.
§ 15. Subdivision 5 of section 192 of the tax law is REPEALED.
§ 16. Subdivision 5 of section 211 of the tax law is REPEALED.
§ 17. Subparagraph (e) of paragraph 3 of subsection (c) of section 658
of the tax law is REPEALED.
§ 18. Subsection (v) of section 1085 of the tax law is REPEALED.
§ 19. Subsection (dd) of section 685 of the tax law is REPEALED.
§ 20. This act shall become effective upon the development of a new
computerized filing system currently being developed by the department
of state; provided further, however, that the secretary of state shall
notify the legislative bill drafting commission upon the occurrence of
the development of a new computerized filing system being developed by
the department of state 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; and provided, however, sections two, three, four, six,
seven, eight, twelve, fourteen, fifteen, sixteen, seventeen, eighteen
and nineteen of this act shall take effect April 1, 2021.
PART Y
Section 1. Expenditures of moneys appropriated in a chapter of the
laws of 2020 to the department of agriculture and markets from the
special revenue funds-other/state operations, miscellaneous special
revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the department
of agriculture and markets' participation in general ratemaking
proceedings pursuant to section 65 of the public service law or certif-
ication proceedings pursuant to article 7 or 10 of the public service
law, shall be deemed expenses of the department of public service within
S. 7508 104 A. 9508
the meaning of section 18-a of the public service law. No later than
August 15, 2021, the commissioner of the department of agriculture and
markets shall submit an accounting of such expenses, including, but not
limited to, expenses in the 2020--2021 state fiscal year for personal
and non-personal services and fringe benefits, to the chair of the
public service commission for the chair's review pursuant to the
provisions of section 18-a of the public service law.
§ 2. Expenditures of moneys appropriated in a chapter of the laws of
2020 to the department of state from the special revenue funds-
other/state operations, miscellaneous special revenue fund-339, public
service account shall be subject to the provisions of this section.
Notwithstanding any other provision of law to the contrary, direct and
indirect expenses relating to the activities of the department of
state's utility intervention unit pursuant to subdivision 4 of section
94-a of the executive law, including, but not limited to participation
in general ratemaking proceedings pursuant to section 65 of the public
service law or certification proceedings pursuant to article 7 or 10 of
the public service law, shall be deemed expenses of the department of
public service within the meaning of section 18-a of the public service
law. No later than August 15, 2021, the secretary of state shall submit
an accounting of such expenses, including, but not limited to, expenses
in the 2020--2021 state fiscal year for personal and non-personal
services and fringe benefits, to the chair of the public service commis-
sion for the chair's review pursuant to the provisions of section 18-a
of the public service law.
§ 3. Expenditures of moneys appropriated in a chapter of the laws of
2020 to the office of parks, recreation and historic preservation from
the special revenue funds-other/state operations, miscellaneous special
revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the office of
parks, recreation and historic preservation's participation in general
ratemaking proceedings pursuant to section 65 of the public service law
or certification proceedings pursuant to article 7 or 10 of the public
service law, shall be deemed expenses of the department of public
service within the meaning of section 18-a of the public service law. No
later than August 15, 2021, the commissioner of the office of parks,
recreation and historic preservation shall submit an accounting of such
expenses, including, but not limited to, expenses in the 2020--2021
state fiscal year for personal and non-personal services and fringe
benefits, to the chair of the public service commission for the chair's
review pursuant to the provisions of section 18-a of the public service
law.
§ 4. Expenditures of moneys appropriated in a chapter of the laws of
2020 to the department of environmental conservation from the special
revenue funds-other/state operations, environmental conservation special
revenue fund-301, utility environmental regulation account shall be
subject to the provisions of this section. Notwithstanding any other
provision of law to the contrary, direct and indirect expenses relating
to the department of environmental conservation's participation in state
energy policy proceedings, or certification proceedings pursuant to
article 7 or 10 of the public service law, shall be deemed expenses of
the department of public service within the meaning of section 18-a of
the public service law. No later than August 15, 2021, the commissioner
of the department of environmental conservation shall submit an account-
ing of such expenses, including, but not limited to, expenses in the
S. 7508 105 A. 9508
2020--2021 state fiscal year for personal and non-personal services and
fringe benefits, to the chair of the public service commission for the
chair's review pursuant to the provisions of section 18-a of the public
service law.
§ 5. Notwithstanding any other law, rule or regulation to the contra-
ry, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service. No later than August 15,
2021, the commissioner of the department of health shall submit an
accounting of expenses in the 2020--2021 state fiscal year to the chair
of the public service commission for the chair's review pursuant to the
provisions of section 217 of the public service law.
§ 6. Any expense deemed to be expenses of the department of public
service pursuant to sections one through four of this act shall not be
recovered through assessments imposed upon telephone corporations as
defined in subdivision 17 of section 2 of the public service law.
§ 7. 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 Z
Section 1. Section 25-a of the public service law, as added by section
2 of part X of chapter 57 of the laws of 2013, is amended to read as
follows:
§ 25-a. Combination gas and electric corporations; administrative
sanctions; recovery of penalties. Notwithstanding sections twenty-four
and twenty-five of this article: 1. Every combination gas and electric
corporation and the officers thereof shall adhere to every provision of
this chapter and every order or regulation adopted under authority of
this chapter so long as the same shall be in force.
2. (a) The commission shall have the authority to assess a civil
penalty IN AN AMOUNT AS SET FORTH IN THIS SECTION AND IMPOSE ANY OTHER
REQUIRED RELIEF against a combination gas and electric corporation and
the officers thereof subject to the jurisdiction, supervision, or regu-
lation pursuant to this chapter [in an amount as set forth in this
section]. In determining the amount of any penalty to be assessed pursu-
ant to this section, the commission shall consider: (i) the seriousness
of the violation for which a penalty is sought; (ii) the nature and
extent of any previous violations for which penalties have been assessed
against the corporation or officer; (iii) whether there was knowledge of
the violation; (iv) the gross revenues and financial status of the
corporation; and (v) such other factors as the commission may deem
appropriate and relevant. The remedies provided by this subdivision are
in addition to any other remedies provided in law OR EQUITY.
(b) [Whenever the commission has reason to believe that a combination
gas and electric corporation or such officers thereof should be subject
to imposition of a civil penalty as set forth in this subdivision, it
shall notify such corporation or officer.] TO INFORM THE COMMISSION'S
DECISION UNDER THIS SECTION, THE DEPARTMENT IS AUTHORIZED, PURSUANT TO A
REFERRAL MADE BY THE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT, TO
COMMENCE A PROCEEDING PURSUANT TO THIS SECTION UPON ISSUANCE OF A NOTICE
OF VIOLATION IF IT BELIEVES THAT A COMBINATION GAS AND ELECTRIC CORPO-
RATION, OR SUCH OFFICERS THEREOF, MAY BE SUBJECT TO IMPOSITION OF A
CIVIL PENALTY AS SET FORTH IN THIS SUBDIVISION AND/OR SUCH OTHER RELIEF
AS MAY BE REQUIRED TO ADDRESS SUCH ALLEGED VIOLATION. Such notice shall
S. 7508 106 A. 9508
include, but shall not be limited to: (i) the date and a brief
description of the facts and nature of each act or failure to act for
which such penalty is proposed; (ii) a list of each statute, regulation
or order that the [commission] DEPARTMENT alleges has been violated;
[and] (iii) the amount of each penalty that the [commission] DEPARTMENT
proposes [to assess] BE ASSESSED; AND (IV) ANY PROPOSED ACTIONS THAT THE
DEPARTMENT DEEMS NECESSARY TO ADDRESS SUCH ALLEGED VIOLATION OR
VIOLATIONS. TO FURTHER INFORM THE COMMISSION'S DECISION PURSUANT TO THIS
SUBDIVISION, THE DEPARTMENT IS AUTHORIZED TO UNDERTAKE ANY ADDITIONAL
ADMINISTRATIVE OR INVESTIGATORY ACTIONS RELATED TO SUCH VIOLATION OR
VIOLATIONS, INCLUDING BUT NOT LIMITED TO, SERVICE OF AN ADMINISTRATIVE
COMPLAINT, IMPLEMENTATION OF DISCOVERY, AND THE HOLDING OF EVIDENTIARY
HEARINGS.
(c) [Whenever the commission has reason to believe that a combination
gas and electric corporation or such officers thereof should be subject
to imposition of a civil penalty or penalties as set forth in this
subdivision, the commission shall hold a hearing to demonstrate why the
proposed penalty or penalties should be assessed against such combina-
tion gas and electric corporation or such officers] ANY ASSESSMENT OF
PENALTIES, RESOLUTION OF CLAIMS OR IMPOSITION OF OTHER RELIEF LEVIED BY
THE DEPARTMENT PURSUANT TO AN INVESTIGATION OR COMPLIANT PROCEEDING
COMMENCED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE SUBJECT
TO REVIEW AND APPROVAL BY THE COMMISSION.
3. Any combination gas and electric corporation determined by the
commission to have failed to [reasonably] comply, as shown by a prepon-
derance of the evidence, with a provision of this chapter, regulation or
an order adopted under authority of this chapter so long as the same
shall be in force shall forfeit a sum not exceeding the greater of one
hundred thousand dollars or two one-hundredths of one percent of the
annual intrastate gross operating revenue of the corporation, not
including taxes paid to and revenues collected on behalf of government
entities, constituting a civil penalty for each and every offense and,
in the case of a continuing violation, each day shall be deemed a sepa-
rate and distinct offense.
4. Notwithstanding the provisions of subdivision three of this
section, any such combination gas and electric corporation determined by
the commission to have failed to [reasonably] comply with a provision of
this chapter, or an order or regulation adopted under the authority of
this chapter specifically for the protection of human safety or
prevention of significant damage to real property, including, but not
limited to, the commission's code of gas safety regulations shall, if it
is determined by the commission by a preponderance of the evidence that
such safety violation caused or constituted a contributing factor in
bringing about: (a) a death or personal injury; or (b) damage to real
property in excess of fifty thousand dollars, forfeit a sum not to
exceed the greater of:
(i) two hundred fifty thousand dollars or three one-hundredths of one
percent of the annual intrastate gross operating revenue of the corpo-
ration, not including taxes paid to and revenues collected on behalf of
government entities, whichever is greater, constituting a civil penalty
for each separate and distinct offense; provided, however, that for
purposes of this paragraph, each day of a continuing violation shall not
be deemed a separate and distinct offense. The total period of a contin-
uing violation, as well as every distinct violation, shall be similarly
treated as a separate and distinct offense for purposes of this para-
graph; or
S. 7508 107 A. 9508
(ii) the maximum forfeiture determined in accordance with subdivision
three of this section.
5. Notwithstanding the provisions of subdivision three or four of this
section, a combination gas and electric corporation determined by the
commission to have failed to [reasonably] comply by a preponderance of
the evidence with a provision of this chapter, or an order or regulation
adopted under authority of this chapter, designed to protect the overall
reliability and continuity of electric service, including but not limit-
ed to the restoration of electric service following a major outage event
or emergency, shall forfeit a sum not to exceed the greater of:
(a) five hundred thousand dollars or four one-hundredths of one
percent of the annual intrastate gross operating revenue of the corpo-
ration, not including taxes paid to and revenues collected on behalf of
government entities, whichever is greater, constituting a civil penalty
for each separate and distinct offense; provided, however, that for
purposes of this paragraph each day of a continuing violation shall not
be deemed a separate and distinct offense. The total period of a contin-
uing violation, as well as every distinct violation shall be similarly
treated as a separate and distinct offense for purposes of this para-
graph; or
(b) the maximum forfeiture determined in accordance with subdivision
three of this section.
6. Any officer of any combination gas and electric corporation deter-
mined by the commission to have violated the provisions of subdivision
three, four, or five of this section, and who knowingly violates a
provision of this chapter, regulation or an order adopted under authori-
ty of this chapter so long as the same shall be in force shall forfeit a
sum not to exceed one hundred thousand dollars constituting a civil
penalty for each and every offense and, in the case of a continuing
violation, each day shall be deemed a separate and distinct offense.
7. [Any such assessment may be compromised or discontinued by the
commission.] All moneys recovered pursuant to this section, together
with the costs thereof, shall be remitted to, or for the benefit of, the
ratepayers in a manner to be determined by the commission.
8. Upon a failure by a combination gas and electric corporation or
officer to remit any penalty assessed by the commission pursuant to this
section, the commission, through its counsel, may institute an action or
special proceeding to collect the penalty in a court of competent juris-
diction.
9. Any payment made by a combination gas and electric corporation or
the officers thereof as a result of an assessment as provided in this
section, and the cost of litigation and investigation related to any
such assessment, shall not be recoverable from ratepayers.
10. In construing and enforcing the provisions of this chapter relat-
ing to penalties, the act of any director, officer, agent or employee of
a combined gas and electric corporation acting within the scope of his
or her official duties or employment shall be deemed to be the act of
such corporation.
11. It shall be a violation of this chapter should a director, officer
or employee of a public utility company, corporation, person acting in
his or her official duties or employment, or an agent acting on behalf
of an employer take retaliatory personnel action such as discharge,
suspension, demotion, penalization or discrimination against an employee
for reporting a violation of a provision of this chapter [of] OR an
order or regulation adopted under the authority of this chapter, includ-
ing, but not limited to, those governing safe and adequate service,
S. 7508 108 A. 9508
protection of human safety or prevention of significant damage to real
property, including, but not limited to, the commission's code of gas
safety. Nothing in this subdivision shall be deemed to diminish the
rights, privileges or remedies of any employee under any other law or
regulation, including but not limited to article twenty-C of the labor
law and section seventy-five-b of the civil service law, or under any
collective bargaining agreement or employment contract.
§ 2. The public service law is amended by adding a new section 25-b to
read as follows:
§ 25-B. ADMINISTRATIVE ACTIONS AGAINST OTHER REGULATED ENTITIES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, SECTION TWENTY-
FIVE-A OF THIS ARTICLE SHALL APPLY IN EQUAL FORCE TO: (1) AN ELECTRIC
CORPORATION AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION TWO OF THIS
CHAPTER; (2) A GAS CORPORATION AS DEFINED IN SUBDIVISION ELEVEN OF
SECTION TWO OF THIS CHAPTER; (3) A CABLE TELEVISION COMPANY OR CABLE
TELEVISION SYSTEM AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION TWO
HUNDRED TWELVE OF THIS CHAPTER; (4) A TELEPHONE CORPORATION AS DEFINED
IN SUBDIVISION SEVENTEEN OF SECTION TWO OF THIS CHAPTER; (5) A STEAM
CORPORATION AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION TWO OF THIS
CHAPTER; AND (6) A WATER-WORKS CORPORATION AS DEFINED IN SUBDIVISION
TWENTY-SEVEN OF SECTION TWO OF THIS CHAPTER.
§ 3. This act shall take effect immediately.
PART AA
Section 1. The public service law is amended by adding a new article
12 to read as follows:
ARTICLE 12
PROVISIONS RELATING TO INTERNET SERVICE PROVIDERS
SECTION 250. DEFINITIONS.
251. PROHIBITIONS.
252. CONSUMER NOTICE OF SERVICE PRACTICES.
253. ANNUAL CERTIFICATION.
254. ADMINISTRATION AND ENFORCEMENT.
255. SEVERABILITY.
§ 250. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "APPLICATION-AGNOSTIC" MEANS NOT DIFFERENTIATING ON THE BASIS OF
SOURCE, DESTINATION, INTERNET CONTENT, APPLICATION, SERVICE, OR DEVICE,
OR CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR DEVICE.
2. "APPLICATION-SPECIFIC DIFFERENTIAL PRICING" MEANS CHARGING DIFFER-
ENT PRICES FOR INTERNET TRAFFIC TO CUSTOMERS ON THE BASIS OF INTERNET
CONTENT, APPLICATION, SERVICE, OR DEVICE, OR CLASS OF INTERNET CONTENT,
APPLICATION, SERVICE, OR DEVICE, BUT SHALL NOT INCLUDE ZERO-RATING.
3. "BROADBAND INTERNET ACCESS SERVICE" MEANS A MASS-MARKET RETAIL
SERVICE BY WIRE OR RADIO PROVIDED TO CUSTOMERS IN THE STATE OF NEW YORK
THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO, AND RECEIVE DATA FROM,
ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES
THAT ARE INCIDENTAL TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS
SERVICE, BUT EXCLUDING DIAL-UP INTERNET ACCESS SERVICE. "BROADBAND
INTERNET ACCESS SERVICE" SHALL ALSO ENCOMPASS ANY SERVICE PROVIDED TO
CUSTOMERS IN THE STATE OF NEW YORK THAT PROVIDES A FUNCTIONAL EQUIVALENT
OF SUCH SERVICE OR THAT IS USED TO EVADE THE PROTECTIONS SET FORTH IN
THIS CHAPTER.
4. "CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR DEVICE" MEANS
INTERNET CONTENT, OR A GROUP OF INTERNET APPLICATIONS, SERVICES, OR
S. 7508 109 A. 9508
DEVICES, SHARING A COMMON CHARACTERISTIC, INCLUDING, BUT NOT LIMITED TO,
SHARING THE SAME SOURCE OR DESTINATION, BELONGING TO THE SAME TYPE OF
CONTENT, APPLICATION, SERVICE, OR DEVICE, USING THE SAME APPLICATION OR
TRANSPORT-LAYER PROTOCOL, OR HAVING SIMILAR TECHNICAL CHARACTERISTICS,
INCLUDING, BUT NOT LIMITED TO, THE SIZE, SEQUENCING, OR TIMING OF PACK-
ETS OR SENSITIVITY TO DELAY.
5. "CONTENT, APPLICATIONS, OR SERVICES" MEANS ALL INTERNET TRAFFIC
TRANSMITTED TO OR FROM END USERS OF A BROADBAND INTERNET ACCESS SERVICE,
INCLUDING TRAFFIC THAT MAY NOT FIT CLEARLY INTO ANY OF THESE CATEGORIES.
6. "EDGE PROVIDER" MEANS ANY INDIVIDUAL OR ENTITY THAT PROVIDES ANY
CONTENT, APPLICATION, OR SERVICE OVER THE INTERNET, AND ANY INDIVIDUAL
OR ENTITY THAT PROVIDES A DEVICE USED FOR ACCESSING ANY CONTENT, APPLI-
CATION, OR SERVICE OVER THE INTERNET.
7. "END USER" MEANS ANY INDIVIDUAL OR ENTITY THAT USES A BROADBAND
INTERNET ACCESS SERVICE.
8. "INTERNET SERVICE PROVIDER" OR "ISP" MEANS A BUSINESS THAT PROVIDES
BROADBAND INTERNET ACCESS SERVICE TO AN INDIVIDUAL, CORPORATION, GOVERN-
MENT, OR OTHER CUSTOMER IN THE STATE OF NEW YORK.
9. "ISP TRAFFIC EXCHANGE" MEANS THE EXCHANGE OF INTERNET TRAFFIC
DESTINED FOR, OR ORIGINATING FROM, AN INTERNET SERVICE PROVIDER'S END
USERS BETWEEN THE INTERNET SERVICE PROVIDER'S NETWORK AND ANOTHER INDI-
VIDUAL OR ENTITY.
10. "MASS MARKET" MEANS A SERVICE MARKETED AND SOLD ON A STANDARDIZED
BASIS TO RESIDENTIAL CUSTOMERS, SMALL BUSINESSES, AND OTHER END-USE
CUSTOMERS, INCLUDING, BUT NOT LIMITED TO, SCHOOLS, INSTITUTIONS OF HIGH-
ER LEARNING AND LIBRARIES.
11. "MOBILE BROADBAND INTERNET ACCESS" MEANS A BROADBAND INTERNET
ACCESS SERVICE THAT SERVES END USERS PRIMARILY USING MOBILE STATIONS.
12. "NETWORK MANAGEMENT PRACTICE" MEANS A PRACTICE THAT HAS A PRIMARI-
LY TECHNICAL NETWORK MANAGEMENT JUSTIFICATION.
13. "REASONABLE NETWORK MANAGEMENT PRACTICE" MEANS A NETWORK MANAGE-
MENT PRACTICE THAT IS PRIMARILY USED FOR, AND TAILORED TO, ACHIEVING A
LEGITIMATE NETWORK MANAGEMENT PURPOSE, TAKING INTO ACCOUNT THE PARTIC-
ULAR NETWORK ARCHITECTURE AND TECHNOLOGY OF THE BROADBAND INTERNET
ACCESS SERVICE.
14. "THIRD-PARTY PAID PRIORITIZATION" MEANS THE MANAGEMENT OF AN
INTERNET SERVICE PROVIDER'S NETWORK TO DIRECTLY OR INDIRECTLY FAVOR SOME
TRAFFIC OVER OTHER TRAFFIC, INCLUDING THE USE OF TECHNIQUES SUCH AS
TRAFFIC SHAPING, PRIORITIZATION, RESOURCE RESERVATION, OR OTHER FORMS OF
PREFERENTIAL TRAFFIC MANAGEMENT, EITHER:
(A) IN EXCHANGE FOR CONSIDERATION, MONETARY OR OTHERWISE, FROM A THIRD
PARTY; OR
(B) TO BENEFIT AN AFFILIATED ENTITY.
15. "ZERO-RATING" MEANS EXEMPTING SOME INTERNET TRAFFIC FROM A CUSTOM-
ER'S DATA USAGE LIMITATION.
§ 251. PROHIBITIONS. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF
THIS CHAPTER, IT SHALL BE UNLAWFUL FOR AN ISP, IN PROVIDING BROADBAND
INTERNET ACCESS SERVICE IN THE STATE, TO ENGAGE IN ANY OF THE FOLLOWING
ACTIVITIES:
(A) BLOCKING LAWFUL CONTENT, APPLICATIONS, SERVICES, OR NON-HARMFUL
DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT PRACTICES.
(B) THROTTLING, ALTERING, RESTRICTING, INTERFERING WITH, OR OTHERWISE
DIRECTLY OR INDIRECTLY FAVORING, DISADVANTAGING, OR DISCRIMINATING
BETWEEN LAWFUL INTERNET TRAFFIC ON THE BASIS OF SOURCE, DESTINATION,
INTERNET CONTENT, APPLICATION, OR SERVICE, OR USE OF A NON-HARMFUL
S. 7508 110 A. 9508
DEVICE, OR OF CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR NON-
HARMFUL DEVICE, SUBJECT TO REASONABLE NETWORK MANAGEMENT PRACTICES.
(C) ENGAGING IN THIRD-PARTY PAID PRIORITIZATION.
(D) ENGAGING IN APPLICATION-SPECIFIC DIFFERENTIAL PRICING OR ZERO-RAT-
ING IN EXCHANGE FOR CONSIDERATION, MONETARY OR OTHERWISE, BY THIRD
PARTIES.
(E) ZERO-RATING SOME INTERNET CONTENT, APPLICATIONS, SERVICES, OR
DEVICES IN A CATEGORY OF INTERNET CONTENT, APPLICATIONS, SERVICES, OR
DEVICES, BUT NOT THE ENTIRE CATEGORY.
(F) ENGAGING IN APPLICATION-SPECIFIC DIFFERENTIAL PRICING.
(G) UNREASONABLY INTERFERING WITH, OR UNREASONABLY DISADVANTAGING,
EITHER AN END USER'S ABILITY TO SELECT, ACCESS, AND USE BROADBAND INTER-
NET ACCESS SERVICE OR LAWFUL INTERNET CONTENT, APPLICATIONS, SERVICES,
OR DEVICES OF THE END USER'S CHOICE, SUBJECT TO REASONABLE NETWORK
MANAGEMENT PRACTICES.
(H) ENGAGING IN PRACTICES WITH RESPECT TO, RELATED TO, OR IN
CONNECTION WITH ISP TRAFFIC EXCHANGE THAT HAS THE PURPOSE OR EFFECT OF
CIRCUMVENTING OR UNDERMINING THE EFFECTIVENESS OF THIS SECTION.
(I) ENGAGING IN DECEPTIVE OR MISLEADING MARKETING PRACTICES THAT
MISREPRESENT THE TREATMENT OF INTERNET TRAFFIC, CONTENT, APPLICATIONS,
SERVICE OR DEVICES BY THE INTERNET SERVICE PROVIDER, OR THAT MISREPRE-
SENT THE PERFORMANCE CHARACTERISTICS OR COMMERCIAL TERMS OF THE BROAD-
BAND INTERNET ACCESS SERVICE TO ITS CUSTOMERS.
(J) ADVERTISING, OFFERING FOR SALE OR SELLING BROADBAND INTERNET
ACCESS SERVICE WITHOUT PROMINENTLY DISCLOSING WITH SPECIFICITY ALL
ASPECTS OF THE SERVICE ADVERTISED, OFFERED FOR SALE OR SOLD.
(K) FAILING TO PUBLICLY DISCLOSE ACCURATE INFORMATION REGARDING THE
NETWORK MANAGEMENT PRACTICES, PERFORMANCE, AND COMMERCIAL TERMS OF ITS
BROADBAND INTERNET ACCESS SERVICES SUFFICIENT FOR CONSUMERS TO MAKE
INFORMED CHOICES REGARDING USE OF THOSE SERVICES AND FOR CONTENT, APPLI-
CATION, SERVICE AND DEVICE PROVIDERS TO DEVELOP, MARKET AND MAINTAIN
INTERNET OFFERINGS.
(L) OFFERING OR PROVIDING SERVICES OTHER THAN BROADBAND INTERNET
ACCESS SERVICE THAT ARE DELIVERED OVER THE SAME LAST-MILE CONNECTION AS
THE BROADBAND INTERNET ACCESS SERVICE, IF THOSE SERVICES SATISFY ANY OF
THE FOLLOWING CONDITIONS:
(I) SUCH SERVICES ARE MARKETED, PROVIDE OR CAN BE USED AS A FUNCTIONAL
EQUIVALENT OF BROADBAND INTERNET ACCESS SERVICE;
(II) SUCH SERVICES HAVE THE PURPOSE OR EFFECT OF CIRCUMVENTING OR
UNDERMINING THE EFFECTIVENESS OF THIS SECTION; OR
(III) SUCH SERVICES NEGATIVELY AFFECT THE PERFORMANCE OF BROADBAND
INTERNET ACCESS SERVICE.
2. (A) AN INTERNET SERVICE PROVIDER MAY OFFER DIFFERENT TYPES OF TECH-
NICAL TREATMENT TO END USERS AS PART OF ITS BROADBAND INTERNET ACCESS
SERVICE, WITHOUT VIOLATING THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION, IF ALL OF THE FOLLOWING CONDITIONS EXIST:
(I) THE DIFFERENT TYPES OF TECHNICAL TREATMENT ARE EQUALLY AVAILABLE
TO ALL INTERNET CONTENT, APPLICATIONS, SERVICES AND DEVICES, AND ALL
CLASSES OF INTERNET CONTENT, APPLICATIONS, SERVICES AND DEVICES, AND THE
INTERNET SERVICE PROVIDER DOES NOT DISCRIMINATE IN THE PROVISION OF THE
DIFFERENT TYPES OF TECHNICAL TREATMENT ON THE BASIS OF INTERNET CONTENT,
APPLICATION, SERVICE OR DEVICE, OR CLASS OF INTERNET CONTENT, APPLICA-
TION, SERVICE OR DEVICE;
(II) THE INTERNET SERVICE PROVIDER'S END USERS ARE ABLE TO CHOOSE
WHETHER, WHEN, AND FOR WHICH INTERNET CONTENT, APPLICATIONS, SERVICES,
S. 7508 111 A. 9508
OR DEVICES, OR CLASSES OF INTERNET CONTENT, APPLICATIONS, SERVICES, OR
DEVICES, TO USE EACH TYPE OF TECHNICAL TREATMENT; AND
(III) THE INTERNET SERVICE PROVIDER CHARGES ONLY ITS OWN BROADBAND
INTERNET ACCESS SERVICE CUSTOMERS FOR THE USE OF THE DIFFERENT TYPES OF
TECHNICAL TREATMENT.
(B) ANY INTERNET SERVICE PROVIDER OFFERING DIFFERENT TYPES OF TECHNI-
CAL TREATMENT PURSUANT TO THIS SUBDIVISION SHALL NOTIFY THE DEPARTMENT
AND PROVIDE THE DEPARTMENT WITH A SAMPLE OF ANY SERVICE CONTRACT THAT IT
OFFERS TO CUSTOMERS IN THE STATE OF NEW YORK.
3. AN INTERNET SERVICE PROVIDER MAY ZERO-RATE INTERNET TRAFFIC IN
APPLICATION-AGNOSTIC WAYS, WITHOUT VIOLATING THE PROVISIONS OF SUBDIVI-
SION ONE OF THIS SECTION, PROVIDED THAT NO CONSIDERATION, MONETARY OR
OTHERWISE, IS PROVIDED BY ANY THIRD PARTY IN EXCHANGE FOR THE PROVIDER'S
DECISION TO ZERO-RATE OR TO NOT ZERO-RATE TRAFFIC.
4. NOTHING IN THIS SECTION PROHIBITS AN ISP FROM MEETING AN OBLIGATION
TO ADDRESS THE NEEDS OF EMERGENCY COMMUNICATIONS OR LAW ENFORCEMENT,
PUBLIC SAFETY OR NATIONAL SECURITY AUTHORITIES, CONSISTENT WITH OR AS
PERMITTED BY APPLICABLE LAW, OR LIMITS THE ISP'S ABILITY TO DO SO.
§ 252. CONSUMER NOTICE OF SERVICE PRACTICES. AN ISP PROVIDING BROAD-
BAND SERVICE IN THE STATE SHALL MAKE PUBLICLY AVAILABLE AN ACCURATE
DESCRIPTION OF SUCH ISP'S NETWORK MANAGEMENT PRACTICES, PERFORMANCE AND
COMMERCIAL TERMS OF ITS BROADBAND INTERNET ACCESS SERVICE BY POSTING
SUCH DESCRIPTION ON AN ISP CONTROLLED OR MAINTAINED WEBSITE, PROVIDED
THAT NOTHING IN THIS SECTION SHALL REQUIRE ISPS TO DISCLOSE CONFIDENTIAL
BUSINESS INFORMATION OR INFORMATION THAT WOULD COMPROMISE NETWORK SECU-
RITY.
§ 253. ANNUAL CERTIFICATION. EVERY ISP PROVIDING BROADBAND SERVICE IN
THE STATE SHALL SUBMIT A CERTIFICATION TO THE DEPARTMENT IN A FORM AND
MANNER SPECIFIED BY THE COMMISSION, BY JULY FIRST, TWO THOUSAND TWENTY-
ONE AND ANNUALLY THEREAFTER. SUCH CERTIFICATION SHALL INCLUDE, AT A
MINIMUM:
1. A STATEMENT INDICATING WHETHER THE ISP IS IN COMPLIANCE WITH
SECTIONS TWO HUNDRED FIFTY-ONE AND TWO HUNDRED FIFTY-TWO OF THIS ARTI-
CLE;
2. A DESCRIPTION OF SUCH ISP'S EFFORTS IN THE PRECEDING YEAR TO INFORM
END USERS OF THE PROVIDER'S EFFORTS TO ENSURE NET NEUTRAL SERVICE AND
THE ADDRESS OF THE ISP'S WEBSITE WHERE SUCH INFORMATION IS PROVIDED; AND
3. ANY OTHER INFORMATION REQUIRED BY RULES PROMULGATED BY THE DEPART-
MENT AND APPROVED BY THE COMMISSION.
§ 254. ADMINISTRATION AND ENFORCEMENT. 1. THE COMMISSION SHALL BE
AUTHORIZED TO PROMULGATE ANY RULES OR REGULATIONS NECESSARY TO IMPLEMENT
THE PROVISIONS OF THIS ARTICLE.
2. VIOLATIONS OF ANY DUTY IMPOSED BY THIS ARTICLE SHALL BE ENFORCEABLE
BY THE COMMISSION. ANY ISP THAT VIOLATES ANY PROVISION OF OR FAILS TO
PERFORM ANY DUTY IMPOSED PURSUANT TO THIS ARTICLE OR ANY RULE OR REGU-
LATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER
OF THE COMMISSION MADE PURSUANT TO THIS ARTICLE SHALL BE LIABLE FOR A
CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION AND
AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY
DURING WHICH SUCH VIOLATION CONTINUES.
3. IN ADDITION TO THE AUTHORITY GRANTED TO THE COMMISSION PURSUANT TO
THIS CHAPTER, THE ATTORNEY GENERAL MAY ENFORCE THE PROVISIONS OF THIS
ARTICLE TO THE EXTENT PERMITTED UNDER SECTION SIXTY-THREE OF THE EXECU-
TIVE LAW.
S. 7508 112 A. 9508
4. NOTHING IN THIS ARTICLE SHALL PRECLUDE OR PROHIBIT ANY PUBLIC OR
PRIVATE RIGHT OF ACTION RELATING TO FRAUD OR DECEPTIVE BUSINESS PRAC-
TICES.
§ 255. SEVERABILITY. THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE
AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS ARTICLE, OR THE
APPLICABILITY THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVAL-
ID, THE REMAINDER OF THIS ARTICLE AND THE APPLICATION THEREOF SHALL NOT
BE AFFECTED THEREBY.
§ 2. The state finance law is amended by adding a new section 169 to
read as follows:
§ 169. NET NEUTRALITY. EACH STATE AGENCY SHALL ENTER INTO CONTRACTS
WITH ONLY THOSE INTERNET SERVICE PROVIDERS THAT HAVE, BY JULY FIRST, TWO
THOUSAND TWENTY-ONE, CERTIFIED PURSUANT TO SECTION TWO HUNDRED FIFTY-
THREE OF THE PUBLIC SERVICE LAW THAT THEY ARE IN COMPLIANCE WITH
SECTIONS TWO HUNDRED FIFTY-ONE AND TWO HUNDRED FIFTY-TWO OF THE PUBLIC
SERVICE LAW. EACH CONTRACT FOR INTERNET SERVICES PROVIDED TO A STATE
AGENCY SHALL SPECIFICALLY REQUIRE CERTIFICATION PURSUANT TO SECTION TWO
HUNDRED FIFTY-THREE OF THE PUBLIC SERVICE LAW AND STATE THAT THE INTER-
NET SERVICE PROVIDER MAY NOT BLOCK LAWFUL CONTENT, APPLICATIONS,
SERVICES, NON-HARMFUL DEVICES OR APPLICATIONS THAT COMPETE WITH OTHER
SERVICES PROVIDED BY SUCH INTERNET SERVICE PROVIDER. ANY CONTRACT OR
CONTRACT RENEWAL ENTERED INTO BY A STATE AGENCY SHALL INCLUDE A BINDING
AGREEMENT CONSISTENT WITH THE FOREGOING PROVISIONS, AND NO STATE AGENCY
SHALL ENTER INTO A CONTRACT WITH AN INTERNET SERVICE PROVIDER, AN AGENT
THEREFOR OR OTHER ENTITY OFFERING TO OR PROCURING ON BEHALF OF THE STATE
AGENCY INTERNET SERVICES UNLESS SUCH CONTRACT CONTAINS SUCH A BINDING
AGREEMENT.
§ 3. Subdivision 9 of section 160 of the state finance law, as amended
by chapter 106 of the laws of 2012, is amended to read as follows:
9. "State agency" or "state agencies" means all state departments,
boards, commissions, offices or institutions but excludes, however, for
the purposes of subdivision five of section three hundred fifty-five of
the education law, the state university of New York and excludes, for
the purposes of subdivision a of section sixty-two hundred eighteen of
the education law, the city university of New York; provided, however,
that the state university of New York and the city university of New
York shall be subject to the provisions of section one hundred sixty-
five-a AND SECTION ONE HUNDRED SIXTY-NINE of this article. Furthermore,
such term shall not include the legislature or the judiciary.
§ 4. The public authorities law is amended by adding a new section
2878-c to read as follows:
§ 2878-C. NET NEUTRALITY. AFTER JULY FIRST, TWO THOUSAND TWENTY-ONE,
EACH STATE AGENCY SHALL ENTER INTO CONTRACTS WITH ONLY THOSE INTERNET
SERVICE PROVIDERS THAT HAVE, BY SUCH DATE, CERTIFIED PURSUANT TO SECTION
TWO HUNDRED FIFTY-THREE OF THE PUBLIC SERVICE LAW THAT THEY ARE IN
COMPLIANCE WITH SECTIONS TWO HUNDRED FIFTY-ONE AND TWO HUNDRED FIFTY-TWO
OF THE PUBLIC SERVICE LAW. EACH CONTRACT FOR INTERNET SERVICES PROVIDED
TO A STATE AGENCY SHALL SPECIFICALLY REQUIRE CERTIFICATION PURSUANT TO
SECTION TWO HUNDRED FIFTY-THREE OF THE PUBLIC SERVICE LAW AND STATE THAT
THE INTERNET SERVICE PROVIDER MAY NOT BLOCK LAWFUL CONTENT, APPLICA-
TIONS, SERVICES, NON-HARMFUL DEVICES OR APPLICATIONS THAT COMPETE WITH
OTHER SERVICES PROVIDED BY SUCH INTERNET SERVICE PROVIDER. ANY CONTRACT
OR CONTRACT RENEWAL ENTERED INTO BY A STATE AUTHORITY SHALL INCLUDE A
BINDING AGREEMENT CONSISTENT WITH THE FOREGOING PROVISIONS, AND NO STATE
AUTHORITY SHALL ENTER INTO A CONTRACT WITH AN INTERNET SERVICE PROVIDER,
AN AGENT THEREFOR OR OTHER ENTITY OFFERING TO OR PROCURING ON BEHALF OF
S. 7508 113 A. 9508
THE STATE AUTHORITY INTERNET SERVICES UNLESS SUCH CONTRACT CONTAINS SUCH
A BINDING AGREEMENT.
§ 5. Section 349 of the general business law is amended by adding a
new subdivision (k) to read as follows:
(K) IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
ANY VIOLATION OF THIS SECTION IN RELATION TO OBLIGATIONS IMPOSED BY
SECTION TWO HUNDRED FIFTY-ONE OF THE PUBLIC SERVICE LAW MAY BRING AN
ACTION TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER
ACTUAL DAMAGES OR FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER, OR BOTH
SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, INCREASE THE AWARD OF
DAMAGES TO AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES IF THE
COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THIS SECTION.
THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAIN-
TIFF.
§ 6. This act shall take effect immediately.
PART BB
Section 1. The general municipal law is amended by adding a new arti-
cle 13-E to read as follows:
ARTICLE 13-E
SMALL WIRELESS FACILITIES DEPLOYMENT
SECTION 300. DEFINITIONS.
301. USE OF RIGHT OF WAY FOR SMALL WIRELESS FACILITIES AND UTIL-
ITY POLES.
302. PERMITTING PROCESS FOR SMALL WIRELESS FACILITIES.
303. ACCESS TO MUNICIPAL CORPORATION POLES WITHIN THE RIGHT OF
WAY.
304. RATES AND FEES.
305. CABLE SERVICES.
306. LOCAL AUTHORITY.
307. INVESTOR-OWNED ELECTRIC UTILITY POLES.
308. IMPLEMENTATION.
309. DISPUTE RESOLUTION.
310. INDEMNIFICATION, INSURANCE, AND BONDING.
§ 300. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT INDICATES
OTHERWISE:
1. "ANTENNA" MEANS COMMUNICATIONS EQUIPMENT THAT TRANSMITS OR RECEIVES
ELECTROMAGNETIC RADIO FREQUENCY SIGNALS USED IN THE PROVISION OF WIRE-
LESS SERVICES.
2. "APPLICABLE CODES" MEANS THE NEW YORK STATE UNIFORM FIRE PREVENTION
AND BUILDING CODE AS ADOPTED, AND AS MAY BE AMENDED, PURSUANT TO ARTICLE
EIGHTEEN OF THE EXECUTIVE LAW.
3. "APPLICANT" MEANS ANY PERSON OR ENTITY THAT FILES AN APPLICATION
WITH A MUNICIPAL CORPORATION TO INSTALL OR MODIFY WIRELESS FACILITIES ON
BEHALF OF A COMMUNICATIONS SERVICE PROVIDER OR WIRELESS PROVIDER.
4. "APPLICATION" MEANS A REQUEST SUBMITTED BY AN APPLICANT TO A MUNIC-
IPAL CORPORATION FOR A PERMIT TO COLLOCATE SMALL WIRELESS FACILITIES; OR
TO APPROVE THE INSTALLATION OR MODIFICATION OF A UTILITY POLE OR WIRE-
LESS SUPPORT STRUCTURE.
5. "APPLICATION FEE" MEANS THE ONE-TIME FEE CHARGED TO AN APPLICANT BY
A MUNICIPAL CORPORATION FOR REVIEW OF AN APPLICATION. THE APPLICATION
FEE MAY NOT EXCEED THE ACTUAL REASONABLE COSTS INCURRED BY THE MUNICIPAL
CORPORATION IN CONNECTION WITH ITS REVIEW OF THE APPLICATION.
S. 7508 114 A. 9508
6. "POLE" MEANS A UTILITY POLE OWNED, MANAGED OR OPERATED BY OR ON
BEHALF OF A MUNICIPAL CORPORATION.
7. "COLLOCATE" MEANS TO INSTALL, MOUNT, MAINTAIN, MODIFY, OPERATE, OR
REPLACE SMALL WIRELESS FACILITIES ON OR ADJACENT TO A WIRELESS SUPPORT
STRUCTURE OR UTILITY POLE. THE TERM "COLLOCATION" HAS A CORRESPONDING
MEANING.
8. "COMMUNICATIONS FACILITY" MEANS THE SET OF EQUIPMENT AND NETWORK
COMPONENTS, INCLUDING WIRES, CABLES, AND ASSOCIATED FACILITIES USED BY A
CABLE OPERATOR, AS DEFINED IN 47 U.S.C. SECTION 522(5); A TELECOMMUNI-
CATIONS CARRIER, AS DEFINED IN 47 U.S.C. SECTION 153(51); A PROVIDER OF
INFORMATION SERVICE, AS DEFINED IN 47 U.S.C. SECTION 153(24); A WIRELESS
SERVICES PROVIDER TO PROVIDE COMMUNICATIONS SERVICES, INCLUDING CABLE
SERVICE, AS DEFINED IN 47 U.S.C. SECTION 522(6); TELECOMMUNICATIONS
SERVICE, AS DEFINED IN 47 U.S.C. SECTION 153(53); AN INFORMATION
SERVICE, AS DEFINED IN 47 U.S.C. SECTION 153(24); WIRELESS SERVICE; OR
OTHER ONE-WAY OR TWO-WAY COMMUNICATIONS SERVICE.
9. "COMMUNICATIONS SERVICE PROVIDER" MEANS A CABLE OPERATOR, AS
DEFINED IN 47 U.S.C. § 522(5); A PROVIDER OF INFORMATION SERVICE, AS
DEFINED IN 47 U.S.C. § 153(24); A TELECOMMUNICATIONS CARRIER, AS DEFINED
IN 47 U.S.C. § 153(51); OR A WIRELESS PROVIDER.
10. "DECORATIVE POLE" MEANS A POLE THAT IS SPECIALLY DESIGNED AND
PLACED FOR AESTHETIC PURPOSES AND ON WHICH NO APPURTENANCES OR ATTACH-
MENTS, OTHER THAN A SMALL WIRELESS FACILITY, LIGHTING, SPECIALLY
DESIGNED INFORMATIONAL OR DIRECTIONAL SIGNAGE, OR TEMPORARY HOLIDAY OR
SPECIAL EVENT ATTACHMENTS, HAVE BEEN PLACED OR ARE PERMITTED TO BE
PLACED ACCORDING TO NONDISCRIMINATORY MUNICIPAL RULES OR CODES.
11. "FCC" MEANS THE FEDERAL COMMUNICATIONS COMMISSION OF THE UNITED
STATES.
12. "FEE" MEANS A ONE-TIME, NONRECURRING CHARGE.
13. "HISTORIC DISTRICT" MEANS A GROUP OF BUILDINGS, PROPERTIES, OR
SITES THAT ARE EITHER: (A) LISTED IN THE NATIONAL REGISTER OF HISTORIC
PLACES OR FORMALLY DETERMINED ELIGIBLE FOR LISTING BY THE KEEPER OF THE
NATIONAL REGISTER, IN ACCORDANCE WITH SECTION VI.D.1.A.I-V OF THE
NATIONWIDE PROGRAMMATIC AGREEMENT CODIFIED AT 47 C.F.R. PART 1, APPENDIX
C; OR (B) A REGISTERED HISTORIC DISTRICT AS DEFINED IN SECTION NINETY-
SIX-A OF THIS CHAPTER OR ARTICLE FIVE-K OF THIS CHAPTER AS OF THE EFFEC-
TIVE DATE OF THIS SECTION.
14. "LAW" MEANS FEDERAL, STATE, OR LOCAL LAW, STATUTE, COMMON LAW,
CODE, RULE, REGULATION, ORDER, OR ORDINANCE.
15. "MICRO WIRELESS FACILITY" MEANS A SMALL WIRELESS FACILITY THAT
MEETS THE FOLLOWING QUALIFICATIONS: (I) IS NOT LARGER IN DIMENSION THAN
TWENTY-FOUR INCHES IN LENGTH, FIFTEEN INCHES IN WIDTH, AND TWELVE INCHES
IN HEIGHT; AND (II) ANY EXTERIOR ANTENNA IS NO LONGER THAN ELEVEN INCH-
ES.
16. "NETWORK INTERFACE DEVICE" MEANS THE TELECOMMUNICATIONS DEMARCA-
TION AND TEST POINT SEPARATING THE WIRELESS FACILITY AND THE WIRELINE
BACKHAUL FACILITY.
17. "PERMIT" MEANS A WRITTEN AUTHORIZATION REQUIRED BY A MUNICIPAL
CORPORATION TO PERFORM AN ACTION OR INITIATE, CONTINUE, OR COMPLETE A
PROJECT RELATING TO THE INSTALLATION OR MODIFICATION OF SMALL WIRELESS
FACILITIES.
18. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY
COMPANY, PARTNERSHIP, ASSOCIATION, TRUST, OR OTHER ENTITY OR ORGANIZA-
TION, INCLUDING A MUNICIPAL CORPORATION.
19. "RATE" MEANS A RECURRING CHARGE.
S. 7508 115 A. 9508
20. "RIGHT OF WAY" OR "ROW" MEANS THE AREA ON, BELOW, OR ABOVE A
PUBLIC UTILITY EASEMENT, ROADWAY, HIGHWAY, STREET, SIDEWALK, ALLEY, OR
SIMILAR PROPERTY, BUT NOT INCLUDING A FEDERAL INTERSTATE HIGHWAY.
21. "SMALL WIRELESS FACILITY" MEANS A WIRELESS FACILITY THAT MEETS
BOTH OF THE FOLLOWING QUALIFICATIONS: (A) EACH WIRELESS PROVIDER'S
ANTENNA COULD FIT WITHIN AN ENCLOSURE OF NO MORE THAN SIX CUBIC FEET IN
VOLUME; AND (B) ALL OTHER WIRELESS EQUIPMENT ASSOCIATED WITH THE WIRE-
LESS FACILITY, WHETHER GROUND OR AERIALLY MOUNTED OR ATTACHED TO A UTIL-
ITY POLE OR WIRELESS SUPPORT STRUCTURE, IS CUMULATIVELY NO MORE THAN
TWENTY-EIGHT CUBIC FEET IN VOLUME. THE FOLLOWING TYPES OF ASSOCIATED
ANCILLARY EQUIPMENT ARE NOT INCLUDED IN THE CALCULATION OF EQUIPMENT
VOLUME: ELECTRIC METER, CONCEALMENT ELEMENTS, NETWORK INTERFACE DEVICE,
GROUNDING EQUIPMENT, POWER TRANSFER SWITCH, CUT-OFF SWITCH, CONVERTERS,
AMPLIFIERS, SPLICE CASES, AND VERTICAL CABLE RUNS FOR THE CONNECTION OF
POWER AND OTHER SERVICES.
22. "TECHNICALLY FEASIBLE" MEANS THAT BY VIRTUE OF ENGINEERING OR
SPECTRUM USAGE THE PROPOSED PLACEMENT FOR A SMALL WIRELESS FACILITY, OR
ITS DESIGN, CONCEALMENT MEASURES, OR SITE LOCATION CAN BE IMPLEMENTED
WITHOUT A REDUCTION IN THE FUNCTIONALITY OF THE SMALL WIRELESS FACILITY.
23. "UTILITY POLE" MEANS A POLE OR SIMILAR STRUCTURE THAT IS OR MAY BE
USED IN WHOLE OR IN PART OR FOR WIRELINE COMMUNICATIONS, ELECTRIC
DISTRIBUTION, LIGHTING, TRAFFIC CONTROL, SIGNAGE, OR A SIMILAR FUNCTION,
OR FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES; PROVIDED, HOWEVER,
SUCH TERM SHALL NOT INCLUDE WIRELESS SUPPORT STRUCTURES OR ELECTRIC
TRANSMISSION STRUCTURES.
24. "WIRELESS FACILITY" MEANS EQUIPMENT AT A FIXED LOCATION THAT
ENABLES WIRELESS SERVICES BETWEEN USER EQUIPMENT AND A COMMUNICATIONS
NETWORK, INCLUDING: (A) EQUIPMENT ASSOCIATED WITH WIRELESS COMMUNI-
CATIONS; (B) RADIO TRANSCEIVERS; (C) ANTENNAS; (D) COAXIAL OR FIBER-OP-
TIC CABLE LOCATED ON A UTILITY POLE OR WIRELESS SUPPORT STRUCTURE, IMME-
DIATELY ADJACENT TO THE UTILITY POLE OR WIRELESS SUPPORT STRUCTURE, OR
DIRECTLY ASSOCIATED WITH EQUIPMENT LOCATED ON THE UTILITY POLE OR WIRE-
LESS SUPPORT STRUCTURE; AND (E) REGULAR AND BACKUP POWER SUPPLIES AND
RECTIFIERS; AND COMPARABLE EQUIPMENT, REGARDLESS OF TECHNOLOGICAL
CONFIGURATION. THE TERM INCLUDES SMALL WIRELESS FACILITIES, BUT DOES NOT
INCLUDE: (I) THE STRUCTURE OR IMPROVEMENTS ON, UNDER, OR WITHIN WHICH
THE EQUIPMENT IS COLLOCATED; (II) WIRELINE BACKHAUL FACILITIES; OR (III)
COAXIAL OR FIBER-OPTIC CABLE THAT IS BETWEEN WIRELESS STRUCTURES OR
UTILITY POLES OR THAT IS OTHERWISE NOT IMMEDIATELY ADJACENT TO OR
DIRECTLY ASSOCIATED WITH A PARTICULAR ANTENNA.
25. "WIRELESS INFRASTRUCTURE PROVIDER" MEANS ANY PERSON, INCLUDING A
PERSON AUTHORIZED TO PROVIDE TELECOMMUNICATIONS SERVICE IN THE STATE,
THAT BUILDS OR INSTALLS WIRELESS COMMUNICATION TRANSMISSION EQUIPMENT,
WIRELESS FACILITIES OR WIRELESS SUPPORT STRUCTURES, BUT THAT IS NOT A
WIRELESS SERVICES PROVIDER.
26. "WIRELESS PROVIDER" MEANS A WIRELESS INFRASTRUCTURE PROVIDER OR A
WIRELESS SERVICES PROVIDER.
27. "WIRELESS SERVICES" MEANS ANY SERVICES USING LICENSED OR UNLI-
CENSED SPECTRUM INCLUDING THE USE OF WI-FI, WHETHER AT A FIXED LOCATION
OR MOBILE, PROVIDED TO THE PUBLIC.
28. "WIRELESS SERVICES PROVIDER" MEANS ANY PERSON OR ENTITY THAT
PROVIDES WIRELESS SERVICES.
29. "WIRELESS SUPPORT STRUCTURE" MEANS A STRUCTURE, SUCH AS A MONO-
POLE; TOWER, EITHER GUYED OR SELF-SUPPORTING; BILLBOARD; BUILDING; OR
OTHER EXISTING OR PROPOSED STRUCTURE DESIGNED TO SUPPORT OR CAPABLE OF
SUPPORTING WIRELESS FACILITIES, OTHER THAN A STRUCTURE DESIGNED SOLELY
S. 7508 116 A. 9508
FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES. SUCH TERM SHALL NOT
INCLUDE A UTILITY POLE.
30. "WIRELINE BACKHAUL FACILITY" MEANS AN ABOVE-GROUND OR UNDERGROUND
WIRELINE FACILITY USED TO TRANSPORT COMMUNICATIONS DATA FROM A WIRELESS
FACILITY NETWORK INTERFACE DEVICE TO A NETWORK.
§ 301. USE OF RIGHT OF WAY FOR SMALL WIRELESS FACILITIES AND UTILITY
POLES. 1. APPLICABILITY. THIS SECTION SHALL ONLY APPLY TO THE ACTIV-
ITIES OF A WIRELESS PROVIDER WITHIN THE RIGHT OF WAY TO DEPLOY SMALL
WIRELESS FACILITIES AND ASSOCIATED UTILITY POLES.
2. EXCLUSIVE USE PROHIBITED. A MUNICIPAL CORPORATION MAY NOT ENTER
INTO AN EXCLUSIVE ARRANGEMENT WITH ANY PERSON FOR USE OF THE RIGHT OF
WAY FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES OR FOR THE INSTAL-
LATION, OPERATION, MARKETING, MODIFICATION, MAINTENANCE OR REPLACEMENT
OF UTILITY POLES.
3. RIGHT OF WAY RATES AND FEES. A MUNICIPAL CORPORATION MAY ONLY
CHARGE A WIRELESS PROVIDER A RATE OR FEE FOR THE USE OF THE ROW WITH
RESPECT TO THE COLLOCATION OF SMALL WIRELESS FACILITIES OR THE INSTALLA-
TION, MAINTENANCE, MODIFICATION, OPERATION, OR REPLACEMENT OF A UTILITY
POLE IN THE RIGHT OF WAY IF THE MUNICIPAL CORPORATION CHARGES OTHER
ENTITIES FOR USE OF THE RIGHT OF WAY. NOTWITHSTANDING THE FOREGOING, A
MUNICIPAL CORPORATION IS PERMITTED, ON A NONDISCRIMINATORY BASIS, TO
REFRAIN FROM CHARGING ANY RATE TO A WIRELESS PROVIDER FOR THE USE OF THE
RIGHT OF WAY. THE RATE FOR USE OF THE RIGHT OF WAY IS PROVIDED IN
SECTION THREE HUNDRED FOUR OF THIS ARTICLE.
4. RIGHT OF ACCESS. SUBJECT TO THIS SECTION, A WIRELESS PROVIDER SHALL
HAVE THE RIGHT, AS A PERMITTED USE NOT SUBJECT TO ZONING REVIEW OR
APPROVAL, TO COLLOCATE SMALL WIRELESS FACILITIES AND TO INSTALL, MAIN-
TAIN, MODIFY, OPERATE AND REPLACE UTILITY POLES ALONG, ACROSS, UPON, AND
UNDER THE RIGHT OF WAY. SUCH STRUCTURES AND FACILITIES SHALL BE SO
INSTALLED AND MAINTAINED AS NOT TO OBSTRUCT OR HINDER THE USUAL TRAVEL
OR PUBLIC SAFETY ON SUCH RIGHT OF WAY OR OBSTRUCT THE LEGAL USE OF SUCH
RIGHT OF WAY BY UTILITIES.
5. HEIGHT LIMITS. EACH NEW OR MODIFIED UTILITY POLE INSTALLED IN THE
RIGHT OF WAY SHALL NOT EXCEED THE GREATER OF: (A) TEN FEET IN HEIGHT
ABOVE THE TALLEST EXISTING UTILITY POLE IN PLACE AS OF THE EFFECTIVE
DATE OF THIS ARTICLE LOCATED WITHIN FIVE HUNDRED FEET OF THE NEW POLE IN
THE SAME MUNICIPAL CORPORATION'S RIGHT OF WAY; OR (B) FIFTY FEET ABOVE
GROUND LEVEL. NEW SMALL WIRELESS FACILITIES IN THE RIGHT OF WAY MAY NOT
EXTEND: (I) MORE THAN TEN FEET ABOVE AN EXISTING UTILITY POLE IN PLACE
AS OF THE EFFECTIVE DATE OF THIS ARTICLE; OR (II) FOR SMALL WIRELESS
FACILITIES ON A NEW UTILITY POLE, ABOVE THE HEIGHT PERMITTED FOR A NEW
UTILITY POLE UNDER THIS SECTION. A WIRELESS PROVIDER SHALL HAVE THE
RIGHT TO COLLOCATE A SMALL WIRELESS FACILITY AND INSTALL, MAINTAIN,
MODIFY, OPERATE AND REPLACE A UTILITY POLE THAT EXCEEDS THESE HEIGHT
LIMITS ALONG, ACROSS, UPON AND UNDER THE RIGHT OF WAY, SUBJECT TO THIS
SECTION AND APPLICABLE ZONING REGULATIONS.
6. DECORATIVE POLES. A WIRELESS PROVIDER SHALL BE PERMITTED TO COLLO-
CATE ON OR REPLACE DECORATIVE POLES WHEN NECESSARY TO DEPLOY A SMALL
WIRELESS FACILITY. A MUNICIPAL CORPORATION MAY REQUIRE SUCH COLLOCATION
OR DECORATIVE POLE REPLACEMENT TO REASONABLY CONFORM TO THE DESIGN
AESTHETICS OF THE ORIGINAL DECORATIVE POLE OR POLES, PROVIDED SUCH
REQUIREMENTS ARE TECHNICALLY FEASIBLE.
7. UNDERGROUND DISTRICT. (A) A WIRELESS PROVIDER SHALL COMPLY WITH
WRITTEN, OBJECTIVE, REASONABLE AND NONDISCRIMINATORY REQUIREMENTS THAT
PROHIBIT THE INSTALLATION OF UTILITY POLES OR WIRELESS SUPPORT STRUC-
TURES IN THE RIGHT OF WAY IN AN AREA DESIGNATED SOLELY FOR UNDERGROUND
S. 7508 117 A. 9508
COMMUNICATIONS AND ELECTRIC LINES WHERE: (I) THE MUNICIPAL CORPORATION
HAS REQUIRED ALL SUCH LINES TO BE PLACED UNDERGROUND NO LESS THAN THREE
MONTHS PRIOR TO THE SUBMISSION OF THE APPLICATION; (II) UTILITY POLES
THE MUNICIPAL CORPORATION ALLOWS TO REMAIN SHALL BE MADE AVAILABLE TO
WIRELESS PROVIDERS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES, AND
MAY BE REPLACED BY A WIRELESS PROVIDER TO ACCOMMODATE THE COLLOCATION OF
SMALL WIRELESS FACILITIES, IN COMPLIANCE WITH THIS ARTICLE; AND (III) A
WIRELESS PROVIDER MAY INSTALL A NEW UTILITY POLE IN THE DESIGNATED AREA
THAT OTHERWISE COMPLIES WITH THIS SECTION WHEN IT IS NOT ABLE TO PROVIDE
WIRELESS SERVICE BY COLLOCATING ON A REMAINING UTILITY POLE OR WIRELESS
SUPPORT STRUCTURE.
(B) FOR SMALL WIRELESS FACILITIES INSTALLED BEFORE A MUNICIPAL CORPO-
RATION ADOPTS REQUIREMENTS THAT COMMUNICATIONS AND ELECTRIC LINES BE
PLACED UNDERGROUND, SUCH MUNICIPAL CORPORATION ADOPTING SUCH REQUIRE-
MENTS SHALL: (I) PERMIT A WIRELESS PROVIDER TO MAINTAIN THE SMALL WIRE-
LESS FACILITIES IN PLACE SUBJECT TO ANY APPLICABLE POLE ATTACHMENT
AGREEMENT WITH THE UTILITY POLE OWNER; OR (II) PERMIT THE WIRELESS
PROVIDER TO REPLACE THE ASSOCIATED UTILITY POLE WITHIN FIFTY FEET OF THE
PRIOR LOCATION.
8. HISTORIC DISTRICT. SUBJECT TO SUBDIVISION FOUR OF SECTION THREE
HUNDRED TWO OF THIS ARTICLE, A MUNICIPAL CORPORATION MAY REQUIRE WRIT-
TEN, OBJECTIVE, REASONABLE, TECHNICALLY FEASIBLE, NONDISCRIMINATORY AND
TECHNOLOGICALLY NEUTRAL DESIGN OR CONCEALMENT MEASURES IN A HISTORIC
DISTRICT. NO SUCH DESIGN OR CONCEALMENT MEASURES MAY HAVE THE EFFECT OF
MATERIALLY INHIBITING ANY PROVIDER'S TECHNOLOGY OR SERVICE; NOR MAY ANY
SUCH MEASURES BE CONSIDERED A PART OF THE SMALL WIRELESS FACILITY FOR
PURPOSES OF THE SIZE RESTRICTIONS IN THE DEFINITION OF SMALL WIRELESS
FACILITY.
9. NO DISCRIMINATION. THE MUNICIPAL CORPORATION, IN THE EXERCISE OF
ITS ADMINISTRATION AND REGULATION RELATED TO THE MANAGEMENT OF THE RIGHT
OF WAY, MUST BE COMPETITIVELY NEUTRAL WITH REGARD TO OTHER USERS OF THE
RIGHT OF WAY. THE MUNICIPAL CORPORATION'S RIGHT OF WAY REGULATIONS MAY
NOT BE UNREASONABLE OR DISCRIMINATORY AND MAY NOT VIOLATE ANY APPLICABLE
LAW.
10. DAMAGE AND REPAIR. THE MUNICIPAL CORPORATION MAY REQUIRE A WIRE-
LESS PROVIDER TO REPAIR ALL DAMAGE TO THE RIGHT OF WAY DIRECTLY CAUSED
BY THE ACTIVITIES OF THE WIRELESS PROVIDER IN THE RIGHT OF WAY AND TO
RETURN THE RIGHT OF WAY TO ITS FUNCTIONAL EQUIVALENCE BEFORE THE DAMAGE
PURSUANT TO THE COMPETITIVELY NEUTRAL, REASONABLE REQUIREMENTS AND SPEC-
IFICATIONS OF THE MUNICIPAL CORPORATION. IF THE WIRELESS PROVIDER FAILS
TO MAKE THE REPAIRS REASONABLY REQUIRED BY THE MUNICIPAL CORPORATION
WITHIN A REASONABLE TIME AFTER WRITTEN NOTICE, THE MUNICIPAL CORPORATION
MAY AFFECT THOSE REPAIRS AND CHARGE THE APPLICABLE PARTY THE REASONABLE,
DOCUMENTED ACTUAL COST OF SUCH REPAIRS.
11. POLE REPLACEMENTS AND MODIFICATIONS. A WIRELESS PROVIDER SHALL NOT
BE REQUIRED TO REPLACE OR UPGRADE AN EXISTING UTILITY POLE EXCEPT FOR
REASONS OF STRUCTURAL NECESSITY OR COMPLIANCE WITH APPLICABLE CODES. A
WIRELESS PROVIDER MAY, WITH THE PERMISSION OF THE POLE OWNER, REPLACE OR
MODIFY EXISTING UTILITY POLES, BUT ANY SUCH REPLACEMENT OR MODIFICATION
SHALL BE CONSISTENT WITH THE DESIGN AESTHETICS OF THE UTILITY POLE OR
POLES BEING MODIFIED OR REPLACED.
12. PERMITTED USE. NEW, MODIFIED OR REPLACEMENT UTILITY POLES ASSOCI-
ATED WITH A SMALL WIRELESS FACILITY THAT MEET THE REQUIREMENTS OF THIS
SECTION ARE PERMITTED USES SUBJECT TO THE PERMIT PROCESS IN SUBDIVISION
FOUR OF SECTION THREE HUNDRED TWO OF THIS ARTICLE AND ARE NOT SUBJECT TO
ZONING REVIEW OR APPROVAL.
S. 7508 118 A. 9508
13. ABANDONMENT. A WIRELESS PROVIDER IS REQUIRED TO NOTIFY THE MUNICI-
PAL CORPORATION AT LEAST THIRTY DAYS BEFORE ITS ABANDONMENT OF A SMALL
WIRELESS FACILITY. FOLLOWING RECEIPT OF SUCH NOTICE, THE MUNICIPAL
CORPORATION SHALL DIRECT THE WIRELESS PROVIDER TO REMOVE ALL OR ANY
PORTION OF THE SMALL WIRELESS FACILITY THAT THE MUNICIPAL CORPORATION
DETERMINES WOULD BE IN THE BEST INTEREST OF THE PUBLIC SAFETY AND PUBLIC
WELFARE TO REMOVE. IF THE WIRELESS PROVIDER FAILS TO REMOVE THE ABAN-
DONED FACILITY WITHIN NINETY DAYS AFTER SUCH NOTICE, THE MUNICIPAL
CORPORATION MAY UNDERTAKE TO DO SO AND RECOVER THE ACTUAL AND REASONABLE
EXPENSES OF DOING SO FROM THE WIRELESS PROVIDER, ITS SUCCESSORS OR
ASSIGNS.
§ 302. PERMITTING PROCESS FOR SMALL WIRELESS FACILITIES. 1. APPLICA-
BILITY. THIS SECTION SHALL APPLY TO THE PERMITTING OF THE COLLOCATION OF
SMALL WIRELESS FACILITIES BY A WIRELESS PROVIDER IN OR OUTSIDE THE RIGHT
OF WAY AS SPECIFIED IN SUBDIVISION THREE OF THIS SECTION AND TO THE
PERMITTING OF THE INSTALLATION, MODIFICATION, AND REPLACEMENT OF ASSOCI-
ATED UTILITY POLES BY A WIRELESS PROVIDER INSIDE THE RIGHT OF WAY.
2. GENERAL. EXCEPT AS PROVIDED IN THIS ARTICLE, A MUNICIPAL CORPO-
RATION MAY NOT PROHIBIT, REGULATE, OR CHARGE FOR THE COLLOCATION OF
SMALL WIRELESS FACILITIES THAT MAY BE PERMITTED IN THIS SECTION.
3. ZONING. SMALL WIRELESS FACILITIES SHALL BE CLASSIFIED AS PERMITTED
USES AND NOT SUBJECT TO ZONING REVIEW OR APPROVAL IF THEY ARE COLLOCATED
IN THE RIGHT OF WAY IN ANY ZONE.
4. PERMITS. A MUNICIPAL CORPORATION MAY REQUIRE AN APPLICANT TO OBTAIN
ONE OR MORE PERMITS TO COLLOCATE A SMALL WIRELESS FACILITY OR TO INSTALL
A NEW, MODIFIED OR REPLACEMENT UTILITY POLE ASSOCIATED WITH A SMALL
WIRELESS FACILITY AS PROVIDED IN SUBDIVISION FOUR OF SECTION THREE
HUNDRED ONE OF THIS ARTICLE, PROVIDED SUCH PERMITS ARE OF GENERAL APPLI-
CABILITY AND DO NOT APPLY EXCLUSIVELY TO WIRELESS FACILITIES. A MUNICI-
PAL CORPORATION SHALL RECEIVE APPLICATIONS FOR, PROCESS, AND ISSUE SUCH
PERMITS SUBJECT TO THE FOLLOWING REQUIREMENTS:
(A) A MUNICIPAL CORPORATION MAY NOT DIRECTLY OR INDIRECTLY REQUIRE AN
APPLICANT TO PERFORM SERVICES OR PROVIDE GOODS UNRELATED TO THE PERMIT,
SUCH AS IN-KIND CONTRIBUTIONS TO THE MUNICIPAL CORPORATION INCLUDING,
BUT NOT LIMITED TO, RESERVING FIBER, CONDUIT, OR POLE SPACE FOR THE
MUNICIPAL CORPORATION;
(B) AN APPLICANT SHALL NOT BE REQUIRED TO PROVIDE MORE INFORMATION TO
OBTAIN A PERMIT THAN COMMUNICATIONS SERVICE PROVIDERS THAT ARE NOT WIRE-
LESS PROVIDERS, PROVIDED THAT AN APPLICANT MAY BE REQUIRED TO INCLUDE
CONSTRUCTION AND ENGINEERING DRAWINGS AND INFORMATION DEMONSTRATING
COMPLIANCE WITH THE CRITERIA IN PARAGRAPH (G) OF THIS SUBDIVISION;
(C) A MUNICIPAL CORPORATION MAY NOT REQUIRE THE COLLOCATION OF SMALL
WIRELESS FACILITIES ON ANY SPECIFIC UTILITY POLE OR CATEGORY OF POLES OR
REQUIRE MULTIPLE ANTENNA SYSTEMS ON A SINGLE UTILITY POLE; THE USE OF
SPECIFIC POLE TYPES OR CONFIGURATIONS WHEN INSTALLING NEW OR REPLACEMENT
POLES; OR THE UNDERGROUND PLACEMENTS OF SMALL WIRELESS FACILITIES THAT
ARE OR ARE DESIGNATED IN AN APPLICATION TO BE POLE-MOUNTED OR GROUND-
MOUNTED;
(D) A MUNICIPAL CORPORATION MAY NOT LIMIT THE COLLOCATION OF SMALL
WIRELESS FACILITIES BY MINIMUM HORIZONTAL SEPARATION DISTANCE REQUIRE-
MENTS FROM EXISTING SMALL WIRELESS FACILITIES, UTILITY POLES, OR OTHER
STRUCTURES;
(E) A MUNICIPAL CORPORATION MAY REQUIRE AN APPLICANT TO INCLUDE AN
ATTESTATION THAT THE SMALL WIRELESS FACILITIES WILL BE OPERATIONAL FOR
USE BY A WIRELESS SERVICES PROVIDER WITHIN ONE YEAR AFTER THE PERMIT
ISSUANCE DATE, UNLESS THE MUNICIPAL CORPORATION APPLICANT AGREE TO
S. 7508 119 A. 9508
EXTEND THIS PERIOD OR DELAY IS CAUSED BY LACK OF COMMERCIAL POWER OR
COMMUNICATIONS TRANSPORT FACILITIES TO THE SITE;
(F) WITHIN TEN DAYS OF RECEIPT OF AN APPLICATION, A MUNICIPAL CORPO-
RATION MUST DETERMINE AND NOTIFY THE APPLICANT IN WRITING WHETHER THE
APPLICATION IS COMPLETE. IF AN APPLICATION IS DEEMED INCOMPLETE, THE
MUNICIPAL CORPORATION MUST SPECIFICALLY IDENTIFY THE MISSING INFORMATION
IN WRITING. THE PROCESSING DEADLINE IN PARAGRAPH (G) OF THIS SUBDIVISION
IS TOLLED FROM THE TIME THE AUTHORITY SENDS THE NOTICE OF INCOMPLETENESS
TO THE TIME THE APPLICANT PROVIDES THE MISSING INFORMATION. SUCH PROC-
ESSING DEADLINE MAY ALSO BE TOLLED UPON AGREEMENT OF THE APPLICANT AND
THE MUNICIPAL CORPORATION;
(G) MUNICIPAL CORPORATIONS SHALL PROCESS APPLICATIONS ON A NONDISCRI-
MINATORY BASIS AND SUCH APPLICATIONS SHALL BE DEEMED APPROVED IF THE
MUNICIPAL CORPORATION FAILS TO APPROVE OR DENY THE APPLICATION WITHIN
SIXTY DAYS OF RECEIPT OF THE APPLICATION;
(H) A MUNICIPAL CORPORATION MAY DENY A PROPOSED COLLOCATION OF A SMALL
WIRELESS FACILITY OR INSTALLATION, MODIFICATION OR REPLACEMENT OF A
UTILITY POLE THAT MEETS THE REQUIREMENTS OF SUBDIVISION FIVE OF SECTION
THREE HUNDRED ONE OF THIS ARTICLE ONLY IF THE PROPOSED APPLICATION: (I)
MATERIALLY INTERFERES WITH THE SAFE OPERATION OF TRAFFIC CONTROL EQUIP-
MENT; (II) MATERIALLY INTERFERES WITH SIGHT LINES OR CLEAR ZONES FOR
TRANSPORTATION OR PEDESTRIANS; (III) MATERIALLY INTERFERES WITH COMPLI-
ANCE WITH THE AMERICANS WITH DISABILITIES ACT OR SIMILAR FEDERAL OR
STATE STANDARDS REGARDING PEDESTRIAN ACCESS OR MOVEMENT; (IV) FAILS TO
COMPLY WITH REASONABLE AND NONDISCRIMINATORY HORIZONTAL SPACING REQUIRE-
MENTS OF GENERAL APPLICATION ADOPTED BY ORDINANCE THAT CONCERN THE
LOCATION OF GROUND-MOUNTED EQUIPMENT AND NEW UTILITY POLES. SUCH SPACING
REQUIREMENTS SHALL NOT PREVENT A WIRELESS PROVIDER FROM SERVING ANY
LOCATION; (V) DESIGNATES THE LOCATION OF A NEW UTILITY POLE FOR THE
PURPOSE OF COLLOCATING A SMALL WIRELESS FACILITY WITHIN SEVEN FEET IN
ANY DIRECTION OF AN ELECTRICAL CONDUCTOR, UNLESS THE WIRELESS PROVIDER
OBTAINS THE WRITTEN CONSENT OF THE POWER SUPPLIER THAT OWNS OR MANAGES
THE ELECTRICAL CONDUCTOR; (VI) FAILS TO COMPLY WITH APPLICABLE CODES; OR
(VII) FAILS TO COMPLY WITH SUBDIVISION SIX, SEVEN OR EIGHT OF SECTION
THREE HUNDRED ONE OF THIS ARTICLE;
(I) THE MUNICIPAL CORPORATION MUST DOCUMENT THE BASIS FOR A DENIAL,
INCLUDING THE SPECIFIC CODE PROVISIONS ON WHICH THE DENIAL WAS BASED,
AND SEND THE DOCUMENTATION TO THE APPLICANT ON THE DAY THE AUTHORITY
DENIES AN APPLICATION. THE APPLICANT MAY CURE THE DEFICIENCIES IDENTI-
FIED BY THE MUNICIPAL CORPORATION AND RESUBMIT THE APPLICATION WITHIN
THIRTY DAYS OF THE DENIAL WITHOUT PAYING AN ADDITIONAL APPLICATION FEE.
THE MUNICIPAL CORPORATION SHALL APPROVE OR DENY THE REVISED APPLICATION
WITHIN THIRTY DAYS OF RESUBMISSION AND LIMIT ITS REVIEW TO THE DEFICIEN-
CIES CITED IN THE DENIAL. ANY APPLICATION NOT ACTED UPON WITHIN THIRTY
DAYS OF RESUBMISSION SHALL BE DEEMED APPROVED;
(J) AN APPLICANT SEEKING TO COLLOCATE SMALL WIRELESS FACILITIES WITHIN
THE JURISDICTION OF A SINGLE MUNICIPAL CORPORATION SHALL BE ALLOWED AT
THE APPLICANT'S DISCRETION TO FILE A CONSOLIDATED APPLICATION FOR UP TO
THIRTY SMALL WIRELESS FACILITIES AND RECEIVE A SINGLE PERMIT FOR THE
COLLOCATION OF MULTIPLE SMALL WIRELESS FACILITIES; PROVIDED, HOWEVER,
THE DENIAL OF ONE OR MORE SMALL WIRELESS FACILITIES IN A CONSOLIDATED
APPLICATION SHALL NOT DELAY PROCESSING OF ANY OTHER SMALL WIRELESS
FACILITIES IN THE SAME CONSOLIDATED APPLICATION. SOLELY FOR PURPOSES OF
CALCULATING THE NUMBER OF SMALL WIRELESS FACILITIES IN A CONSOLIDATED
APPLICATION, A SMALL WIRELESS FACILITY INCLUDES ANY UTILITY POLE ON
WHICH SUCH SMALL WIRELESS FACILITY WILL BE COLLOCATED;
S. 7508 120 A. 9508
(K) INSTALLATION OR COLLOCATION FOR WHICH A PERMIT IS GRANTED PURSUANT
TO THIS SECTION SHALL BE COMPLETED WITHIN ONE YEAR AFTER THE PERMIT
ISSUANCE DATE UNLESS THE MUNICIPAL CORPORATION AND THE APPLICANT AGREE
TO EXTEND THIS PERIOD OR A DELAY IS CAUSED BY THE LACK OF COMMERCIAL
POWER OR COMMUNICATIONS FACILITIES AT THE SITE. APPROVAL OF AN APPLICA-
TION AUTHORIZES THE APPLICANT TO: (I) UNDERTAKE THE INSTALLATION OR
COLLOCATION; AND (II) SUBJECT TO APPLICABLE RELOCATION REQUIREMENTS AND
THE APPLICANT'S RIGHT TO TERMINATE AT ANY TIME, OPERATE AND MAINTAIN THE
SMALL WIRELESS FACILITIES AND ANY ASSOCIATED UTILITY POLE COVERED BY THE
PERMIT FOR A PERIOD OF NOT LESS THAN TEN YEARS, WHICH MUST BE RENEWED
FOR EQUIVALENT DURATIONS SO LONG AS THEY ARE IN COMPLIANCE WITH THE
CRITERIA SET FORTH IN PARAGRAPH (G) OF THIS SUBDIVISION;
(L) NO MUNICIPAL CORPORATION MAY INSTITUTE, EITHER EXPRESSLY OR DE
FACTO, A MORATORIUM ON: (I) FILING, RECEIVING, OR PROCESSING APPLICA-
TIONS; OR (II) ISSUING PERMITS OR OTHER APPROVALS, IF ANY, FOR THE
COLLOCATION OF SMALL WIRELESS FACILITIES OR THE INSTALLATION, MODIFICA-
TION, OR REPLACEMENT OF UTILITY POLES TO SUPPORT SMALL WIRELESS FACILI-
TIES; AND
(M) THE APPROVAL OF THE INSTALLATION, PLACEMENT, OR MAINTENANCE OF A
SMALL WIRELESS FACILITY PURSUANT TO THIS SECTION DOES NOT AUTHORIZE THE
INSTALLATION, PLACEMENT, MAINTENANCE, OR OPERATION OF ANY OTHER COMMUNI-
CATIONS FACILITY, INCLUDING A WIRELINE BACKHAUL FACILITY, IN A RIGHT OF
WAY.
5. WHEN APPLICATIONS NOT REQUIRED. A MUNICIPAL CORPORATION SHALL NOT
REQUIRE AN APPLICATION FOR ROUTINE MAINTENANCE, THE REPLACEMENT OF SMALL
WIRELESS FACILITIES WITH SMALL WIRELESS FACILITIES THAT ARE SUBSTANTIAL-
LY SIMILAR OR THE SAME SIZE OR SMALLER, OR THE INSTALLATION, PLACEMENT,
MAINTENANCE, OPERATION, OR REPLACEMENT OF MICRO WIRELESS FACILITIES THAT
ARE SUSPENDED ON CABLES THAT ARE STRUNG BETWEEN EXISTING UTILITY POLES,
IN COMPLIANCE WITH THE APPLICABLE CODES. A MUNICIPAL CORPORATION MAY,
HOWEVER, REQUIRE A PERMIT FOR WORK THAT REQUIRES EXCAVATION OR CLOSURE
OF SIDEWALKS OR VEHICULAR LANES WITHIN THE ROW FOR SUCH ACTIVITIES. SUCH
A PERMIT MUST BE ISSUED TO THE APPLICANT ON A NON-DISCRIMINATORY BASIS
UPON TERMS AND CONDITIONS APPLIED TO ANY OTHER PERSON'S ACTIVITIES IN
THE RIGHT OF WAY THAT REQUIRE EXCAVATION, CLOSING OF SIDEWALKS, OR
VEHICULAR LANES.
§ 303. ACCESS TO MUNICIPAL CORPORATION POLES WITHIN THE RIGHT OF WAY.
1. APPLICABILITY. THIS SECTION SHALL APPLY TO ACTIVITIES OF THE WIRELESS
PROVIDER WITHIN THE RIGHT OF WAY.
2. EXCLUSIVE USE PROHIBITED. A PERSON OWNING, MANAGING, OR CONTROLLING
MUNICIPAL CORPORATION POLES IN THE RIGHT OF WAY MAY NOT ENTER INTO AN
EXCLUSIVE ARRANGEMENT WITH ANY PERSON FOR THE RIGHT TO ATTACH TO SUCH
POLES. A PERSON WHO PURCHASES OR OTHERWISE ACQUIRES A MUNICIPAL CORPO-
RATION POLE IS SUBJECT TO THE REQUIREMENTS OF THIS SECTION.
3. ALLOWANCES. A MUNICIPAL CORPORATION SHALL ALLOW THE COLLOCATION OF
SMALL WIRELESS FACILITIES ON MUNICIPAL CORPORATION POLES ON NONDISCRIMI-
NATORY TERMS AND CONDITIONS USING THE PROCESS IN SECTION THREE HUNDRED
THREE OF THIS ARTICLE.
4. RATES. (A) THE RATES TO COLLOCATE ON MUNICIPAL CORPORATION POLES
SHALL BE NONDISCRIMINATORY REGARDLESS OF THE SERVICES PROVIDED BY THE
COLLOCATING WIRELESS PROVIDER.
(B) THE RATE TO COLLOCATE ON MUNICIPAL CORPORATION POLES IS PROVIDED
IN SECTION THREE HUNDRED FOUR OF THIS ARTICLE.
5. IMPLEMENTATION, MAKE-READY WORK. (A) THE RATES, FEES, AND TERMS AND
CONDITIONS FOR THE MAKE-READY WORK TO COLLOCATE ON A MUNICIPAL CORPO-
S. 7508 121 A. 9508
RATION POLE MUST BE NONDISCRIMINATORY, COMPETITIVELY NEUTRAL, AND
COMMERCIALLY REASONABLE AND MUST COMPLY WITH THIS ARTICLE.
(B) THE MUNICIPAL CORPORATION SHALL PROVIDE A GOOD FAITH ESTIMATE FOR
ANY MAKE-READY WORK NECESSARY TO ENABLE THE POLE TO SUPPORT THE
REQUESTED COLLOCATION BY A WIRELESS PROVIDER, INCLUDING POLE REPLACEMENT
IF NECESSARY, WITHIN SIXTY DAYS AFTER RECEIPT OF A COMPLETE APPLICATION.
MAKE-READY WORK, INCLUDING ANY POLE REPLACEMENT, SHALL BE COMPLETED
WITHIN SIXTY DAYS OF WRITTEN ACCEPTANCE OF THE GOOD FAITH ESTIMATE BY
THE APPLICANT. A MUNICIPAL CORPORATION MAY REQUIRE REPLACEMENT OF THE
MUNICIPAL CORPORATION'S POLE ONLY IF IT DEMONSTRATES THAT THE COLLOCA-
TION WOULD MAKE SUCH POLE STRUCTURALLY UNSOUND.
(C) THE PERSON OWNING, MANAGING, OR CONTROLLING THE MUNICIPAL CORPO-
RATION'S POLE SHALL NOT REQUIRE MORE MAKE-READY WORK THAN REQUIRED TO
MEET APPLICABLE CODES OR INDUSTRY STANDARDS. FEES FOR MAKE-READY WORK
SHALL NOT INCLUDE COSTS RELATED TO PRE-EXISTING OR PRIOR DAMAGE OR
NONCOMPLIANCE. FEES FOR MAKE-READY WORK, INCLUDING ANY POLE REPLACEMENT,
SHALL NOT EXCEED EITHER ACTUAL COSTS OR THE AMOUNT CHARGED TO OTHER
COMMUNICATIONS SERVICE PROVIDERS FOR SIMILAR WORK AND SHALL NOT INCLUDE
ANY REVENUE OR CONTINGENCY-BASED CONSULTANT'S FEES OR EXPENSES OF ANY
KIND.
§ 304. RATES AND FEES. 1. APPLICABILITY. THIS SECTION SHALL GOVERN A
MUNICIPAL CORPORATION'S RATES AND FEES FOR THE PLACEMENT OF A SMALL
WIRELESS FACILITY OR ASSOCIATED UTILITY POLE.
2. PERMISSIBLE RATES AND FEES. A MUNICIPAL CORPORATION MAY NOT REQUIRE
A WIRELESS PROVIDER TO PAY ANY RATES, FEES, OR COMPENSATION TO THE
MUNICIPAL CORPORATION OR OTHER PERSON OTHER THAN WHAT IS EXPRESSLY
AUTHORIZED BY THIS ARTICLE FOR THE RIGHT TO USE OR OCCUPY A RIGHT OF
WAY, FOR COLLOCATION OF SMALL WIRELESS FACILITIES ON UTILITY POLES IN
THE RIGHT OF WAY, OR FOR THE INSTALLATION, MAINTENANCE, MODIFICATION,
OPERATION AND REPLACEMENT OF UTILITY POLES IN THE RIGHT OF WAY.
3. APPLICATION FEES. A MUNICIPAL CORPORATION MAY CHARGE AN APPLICATION
FEE, SO LONG AS SUCH FEE IS REASONABLE, NONDISCRIMINATORY, AND RECOVERS
NO MORE THAN AN AUTHORITY'S DIRECT COSTS FOR PROCESSING AN APPLICATION;
PROVIDED HOWEVER, NO SUCH FEE SHALL EXCEED THE FOLLOWING: (A) FIVE
HUNDRED DOLLARS FOR THE FIRST FIVE SMALL WIRELESS FACILITIES ON THE SAME
APPLICATION AND ONE HUNDRED DOLLARS FOR EACH ADDITIONAL SMALL WIRELESS
FACILITY ON THE SAME APPLICATION; AND (B) ONE THOUSAND DOLLARS FOR THE
INSTALLATION, MODIFICATION OR REPLACEMENT OF A UTILITY POLE TOGETHER
WITH THE COLLOCATION OF AN ASSOCIATED SMALL WIRELESS FACILITY THAT ARE
PERMITTED USES IN ACCORDANCE WITH THE SPECIFICATIONS SET FORTH IN SUBDI-
VISION FOUR OF SECTION THREE HUNDRED TWO OF THIS ARTICLE.
4. RATES. (A) RIGHT OF WAY: A MUNICIPAL CORPORATION MAY CHARGE FOR THE
OCCUPANCY AND USE OF THE RIGHT OF WAY, SO LONG AS SUCH RATE IS REASON-
ABLE, NONDISCRIMINATORY, AND DOES NOT EXCEED THE GREATER OF THE AUTHORI-
TY'S DIRECT COSTS OR TWENTY DOLLARS PER YEAR PER SMALL WIRELESS FACILI-
TY.
(B) MUNICIPAL CORPORATION POLE COLLOCATION RATE: A MUNICIPAL CORPO-
RATION MAY CHARGE FOR COLLOCATION OF A SMALL WIRELESS FACILITY ON A
MUNICIPAL CORPORATION POLE, SO LONG AS SUCH RATE IS REASONABLE, NONDIS-
CRIMINATORY, AND DOES NOT EXCEED THE GREATER OF AUTHORITY'S DIRECT COSTS
OR TWO HUNDRED FIFTY DOLLARS PER MUNICIPAL CORPORATION POLE PER YEAR.
5. RATE OR FEE ADJUSTMENT. SHOULD A MUNICIPAL CORPORATION HAVE AN
EXISTING RATE OR FEE TO CONSTRUCT, INSTALL, MOUNT, MAINTAIN, MODIFY,
OPERATE, OR REPLACE A WIRELESS FACILITY OR WIRELESS SUPPORT STRUCTURE IN
THE RIGHT OF WAY, INCLUDING COLLOCATION IN SUCH RIGHT OF WAY, CONTROLLED
BY THE MUNICIPAL CORPORATION AND SUCH RATE OR FEE DOES NOT COMPLY WITH
S. 7508 122 A. 9508
THE REQUIREMENTS IN THIS ARTICLE, NOT LATER THAN THE END OF THE NEXT
FISCAL YEAR IMMEDIATELY SUCCEEDING THE EFFECTIVE DATE OF THIS ARTICLE,
THE MUNICIPAL CORPORATION SHALL IMPLEMENT A REVISED RATE OR FEE TO
ENSURE COMPLIANCE WITH THIS ARTICLE FOR ALL AFFECTED PERSONS.
§ 305. CABLE SERVICES. THIS SECTION APPLIES TO ACTIVITIES IN THE RIGHT
OF WAY ONLY. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED TO ALLOW ANY
ENTITY TO PROVIDE SERVICES REGULATED UNDER 47 U.S.C. § 521 TO 573 WITH-
OUT COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH PROVIDERS, NOR SHALL
THIS ARTICLE BE INTERPRETED TO IMPOSE ANY NEW REQUIREMENTS ON CABLE
PROVIDERS FOR THE PROVISION OF SUCH SERVICE IN THIS STATE.
§ 306. LOCAL AUTHORITY. SUBJECT TO THIS ARTICLE AND APPLICABLE FEDERAL
LAW, A MUNICIPAL CORPORATION MAY CONTINUE TO EXERCISE ZONING, LAND USE,
PLANNING AND PERMITTING AUTHORITY WITHIN ITS TERRITORIAL BOUNDARIES WITH
RESPECT TO WIRELESS SUPPORT STRUCTURES AND UTILITY POLES, INCLUDING THE
ENFORCEMENT OF APPLICABLE CODES. A MUNICIPAL CORPORATION SHALL NOT HAVE
OR EXERCISE ANY JURISDICTION OR AUTHORITY OVER THE DESIGN, ENGINEERING,
CONSTRUCTION, INSTALLATION, OR OPERATION OF A SMALL WIRELESS FACILITY
LOCATED IN AN INTERIOR STRUCTURE OR UPON THE SITE OF A CAMPUS, STADIUM,
OR ATHLETIC FACILITY NOT OWNED OR CONTROLLED BY THE MUNICIPAL CORPO-
RATION, OTHER THAN TO REQUIRE COMPLIANCE WITH APPLICABLE CODES. NOTHING
IN THIS ARTICLE AUTHORIZES THE STATE OR ANY POLITICAL SUBDIVISION,
INCLUDING A MUNICIPAL CORPORATION, TO REQUIRE WIRELESS FACILITY DEPLOY-
MENT OR TO REGULATE WIRELESS SERVICES.
§ 307. INVESTOR-OWNED ELECTRIC UTILITY POLES. THIS ARTICLE DOES NOT
APPLY TO UTILITY POLES OWNED BY AN INVESTOR-OWNED UTILITY, EXCEPT AS IT
CONCERNS A WIRELESS PROVIDER'S ACCESS TO THE RIGHT OF WAY AND PERMITS
FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES ON SUCH UTILITY POLES.
§ 308. IMPLEMENTATION. 1. ADOPTION. A MUNICIPAL CORPORATION MAY ADOPT
AN ORDINANCE THAT MAKES AVAILABLE TO WIRELESS PROVIDERS RATES, FEES, AND
OTHER TERMS THAT COMPLY WITH THIS ARTICLE. SUBJECT TO THE OTHER
PROVISIONS OF THIS SECTION, IN THE ABSENCE OF AN ORDINANCE OR AGREEMENT
THAT FULLY COMPLIES WITH THIS ARTICLE AND UNTIL SUCH A COMPLIANT ORDI-
NANCE IS ADOPTED, IF AT ALL, A WIRELESS PROVIDER MAY INSTALL AND OPERATE
SMALL WIRELESS FACILITIES AND ASSOCIATED UTILITY POLES UNDER THE
REQUIREMENTS OF THIS ARTICLE. A MUNICIPAL CORPORATION MAY NOT REQUIRE A
WIRELESS PROVIDER TO ENTER INTO AN AGREEMENT TO IMPLEMENT THIS ARTICLE,
BUT SUCH AGREEMENTS ARE PERMISSIBLE IF VOLUNTARY AND NONDISCRIMINATORY.
2. ORDINANCES AND AGREEMENTS. ORDINANCES AND AGREEMENTS IMPLEMENTING
THIS ARTICLE ARE PUBLIC/PRIVATE ARRANGEMENTS AND ARE MATTERS OF LEGITI-
MATE AND SIGNIFICANT STATEWIDE CONCERN.
3. APPLICATION. AN AGREEMENT OR ORDINANCE THAT DOES NOT FULLY COMPLY
WITH THIS ARTICLE SHALL APPLY ONLY TO SMALL WIRELESS FACILITIES AND
ASSOCIATED UTILITY POLES THAT WERE OPERATIONAL BEFORE THE EFFECTIVE DATE
OF THIS ARTICLE, AND SHALL BE DEEMED INVALID AND UNENFORCEABLE BEGINNING
ON THE ONE HUNDRED EIGHTY-FIRST DAY AFTER THE EFFECTIVE DATE OF THIS
ARTICLE UNLESS AMENDED TO FULLY COMPLY WITH THIS ARTICLE. IF AN AGREE-
MENT OR ORDINANCE IS INVALID IN ACCORDANCE WITH THIS SUBDIVISION, SMALL
WIRELESS FACILITIES AND ASSOCIATED UTILITY POLES THAT BECAME OPERATIONAL
BEFORE THE EFFECTIVE DATE OF THIS ARTICLE, PURSUANT TO SUCH AGREEMENT OR
ORDINANCE, MAY REMAIN INSTALLED AND BE OPERATED UNDER THE REQUIREMENTS
OF THIS ARTICLE.
4. INVALID AND UNENFORCEABLE. AN AGREEMENT OR ORDINANCE THAT APPLIES
TO SMALL WIRELESS FACILITIES AND ASSOCIATED UTILITY POLES THAT BECOME
OPERATIONAL ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE IS INVALID
AND UNENFORCEABLE UNLESS IT FULLY COMPLIES WITH THIS ARTICLE. IN THE
ABSENCE OF AN ORDINANCE OR AGREEMENT THAT FULLY COMPLIES WITH THIS ARTI-
S. 7508 123 A. 9508
CLE, A WIRELESS PROVIDER MAY INSTALL AND OPERATE SMALL WIRELESS FACILI-
TIES AND ASSOCIATED UTILITY POLES IN THE RIGHT OF WAY UNDER THE REQUIRE-
MENTS OF THIS ARTICLE.
§ 309. DISPUTE RESOLUTION. A COURT OF COMPETENT JURISDICTION SHALL
HAVE JURISDICTION TO DETERMINE ALL DISPUTES ARISING UNDER THIS ARTICLE.
PENDING RESOLUTION OF A DISPUTE CONCERNING RATES FOR COLLOCATION OF
SMALL WIRELESS FACILITIES ON MUNICIPAL CORPORATION POLES, THE PERSON
OWNING OR CONTROLLING THE POLE SHALL ALLOW THE COLLOCATING PERSON TO
COLLOCATE ON ITS POLES AT ANNUAL RATES OF NO MORE THAN TWENTY DOLLARS
WITH RATES TO BE TRUED UP UPON FINAL RESOLUTION OF THE DISPUTE.
§ 310. INDEMNIFICATION, INSURANCE, AND BONDING. A MUNICIPAL CORPO-
RATION MAY ADOPT REASONABLE INDEMNIFICATION, INSURANCE AND BONDING
REQUIREMENTS RELATED TO SMALL WIRELESS FACILITY AND ASSOCIATED UTILITY
POLE PERMITS SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE.
1. INDEMNIFICATION. A MUNICIPAL CORPORATION SHALL NOT REQUIRE A WIRE-
LESS PROVIDER TO INDEMNIFY AND HOLD THE MUNICIPAL CORPORATION AND ITS
OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY CLAIMS, LAWSUITS, JUDGMENTS,
COSTS, LIENS, LOSSES, EXPENSES OR FEES, EXCEPT WHEN A COURT OF COMPETENT
JURISDICTION HAS FOUND THAT THE NEGLIGENCE OF THE WIRELESS PROVIDER
WHILE INSTALLING, REPAIRING, OR MAINTAINING CAUSED THE HARM THAT CREATED
SUCH CLAIMS, LAWSUITS, JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES, OR
FEES.
2. INSURANCE. A MUNICIPAL CORPORATION AUTHORITY MAY REQUIRE A WIRELESS
PROVIDER TO HAVE IN EFFECT INSURANCE COVERAGE CONSISTENT WITH SUBDIVI-
SION ONE OF THIS SECTION, SO LONG AS THE MUNICIPAL CORPORATION IMPOSES
SIMILAR REQUIREMENTS ON OTHER RIGHT OF WAY USERS AND SUCH REQUIREMENTS
ARE REASONABLE AND NONDISCRIMINATORY. (A) A MUNICIPAL CORPORATION MAY
NOT REQUIRE A WIRELESS PROVIDER TO OBTAIN INSURANCE NAMING THE MUNICIPAL
CORPORATION OR ITS OFFICERS AND EMPLOYEES AN ADDITIONAL INSURED.
(B) A MUNICIPAL CORPORATION AUTHORITY MAY REQUIRE A WIRELESS PROVIDER
TO FURNISH PROOF OF INSURANCE, IF REQUIRED, PRIOR TO THE EFFECTIVE DATE
OF ANY PERMIT ISSUED FOR A SMALL WIRELESS FACILITY.
3. BONDING. A MUNICIPAL CORPORATION MAY ADOPT BONDING REQUIREMENTS FOR
SMALL WIRELESS FACILITIES IF THE MUNICIPAL CORPORATION IMPOSES SIMILAR
REQUIREMENTS IN CONNECTION WITH PERMITS ISSUED FOR OTHER RIGHT OF WAY
USERS.
(A) THE PURPOSE OF SUCH BONDS SHALL BE TO:
(I) PROVIDE FOR THE REMOVAL OF ABANDONED OR IMPROPERLY MAINTAINED
SMALL WIRELESS FACILITIES, INCLUDING THOSE THAT A MUNICIPAL CORPORATION
DETERMINES NEED TO BE REMOVED TO PROTECT PUBLIC HEALTH, SAFETY, OR
WELFARE; (II) RESTORATION OF THE RIGHT OF WAY IN CONNECTION WITH
REMOVALS UNDER SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED ONE OF THIS
ARTICLE; OR (III) TO RECOUP RATES OR FEES THAT HAVE NOT BEEN PAID BY A
WIRELESS PROVIDER IN OVER TWELVE MONTHS, SO LONG AS THE WIRELESS PROVID-
ER HAS RECEIVED REASONABLE NOTICE FROM THE MUNICIPAL CORPORATION OF ANY
OF THE NON-COMPLIANCE LISTED ABOVE AND AN OPPORTUNITY TO CURE.
(B) BONDING REQUIREMENTS MAY NOT EXCEED TWO HUNDRED DOLLARS PER SMALL
WIRELESS FACILITY. FOR WIRELESS PROVIDERS WITH MULTIPLE SMALL WIRELESS
FACILITIES WITHIN THE JURISDICTION OF A SINGLE MUNICIPAL CORPORATION,
THE TOTAL BOND AMOUNT ACROSS ALL FACILITIES MAY NOT EXCEED TEN THOUSAND
DOLLARS, WHICH AMOUNT MAY BE COMBINED INTO ONE BOND INSTRUMENT.
§ 2. The highway law is amended by adding a new section 24 to read as
follows:
24. STATEWIDE MASTER LICENSE AGREEMENT. THE COMMISSIONER IS HEREBY
AUTHORIZED TO ENTER INTO A STATEWIDE MASTER LICENSE AGREEMENT WITH A
WIRELESS PROVIDER FOR USE AND OCCUPANCY OF THE STATE RIGHT OF WAY FOR
S. 7508 124 A. 9508
THE PURPOSES OF INSTALLING COMMUNICATIONS FACILITIES ON UTILITY OR
DEPARTMENT OWNED POLES OR NEW WIRELESS PROVIDER OWNED POLES. THE COMMIS-
SIONER SHALL INCLUDE ELEMENTS IN SUCH AN AGREEMENT HE OR SHE DEEMS
APPROPRIATE TO MAINTAIN THE SAFETY AND EFFECTIVE MANAGEMENT OF STATE
ROADWAYS. SUCH STATEWIDE AGREEMENT MAY INCLUDE A FEE, NOT TO EXCEED THE
GREATER OF THE DEPARTMENT'S DIRECT COSTS, OR AN AMOUNT SET FORTH IN THE
AGREEMENT FOR USE AND OCCUPANCY OF THE RIGHT OF WAY, PER SMALL WIRELESS
FACILITY AS THAT TERM IS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
THREE HUNDRED OF THE GENERAL MUNICIPAL LAW. NOTHING IN THIS SECTION
SHALL BE DEEMED TO PROHIBIT THE DEPARTMENT FROM COLLECTING ANY OTHER FEE
IT HAS ESTABLISHED FOR ANY OTHER PERMIT THE DEPARTMENT ISSUES OR ANY
OTHER FEE THE DEPARTMENT ASSESSES ANY INDIVIDUAL FOR ANY ACTIVITY IN THE
DEPARTMENT'S NORMAL COURSE OF BUSINESS.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
PART CC
Section 1. Section 2 of chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the dormito-
ry authority of the state of New York relative to the establishment of
subsidiaries for certain purposes, as amended by section 1 of part X of
chapter 58 of the laws of 2018, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2020] 2024; provided however, that the expi-
ration of this act shall not impair or otherwise affect any of the
powers, duties, responsibilities, functions, rights or liabilities of
any subsidiary duly created pursuant to subdivision twenty-five of
section 1678 of the public authorities law prior to such expiration.
§ 2. This act shall take effect immediately.
PART DD
Section 1. Subdivision (a) of section 2 and section 3 of part F of
chapter 60 of the laws of 2015 constituting the infrastructure invest-
ment act, subdivision (a) of section 2 of part F as amended by section 1
of part M of chapter 39 of the laws of 2019, and section 3 of part F as
amended by section 3 of part RRR of chapter 59 of the laws of 2017, are
amended to read as follows:
(a) (i) "authorized state entity" shall mean the New York state thru-
way authority, the department of transportation, the office of parks,
recreation and historic preservation, the department of environmental
conservation [and], the New York state bridge authority, THE OFFICE OF
GENERAL SERVICES, THE DORMITORY AUTHORITY, THE URBAN DEVELOPMENT CORPO-
RATION, THE STATE UNIVERSITY CONSTRUCTION FUND, THE NEW YORK STATE OLYM-
PIC REGIONAL DEVELOPMENT AUTHORITY AND THE BATTERY PARK CITY AUTHORITY.
(ii) Notwithstanding the provisions of subdivision 26 of section 1678
of the public authorities law, section 8 of the public buildings law,
sections 8 and 9 of section 1 of chapter 359 of the laws of 1968 as
amended, section 103 of the general municipal law, and the provisions of
any other law to the contrary, the term "authorized state entity" shall
also refer to only those agencies or authorities identified below solely
in connection with the following authorized projects, provided that such
an authorized state entity may utilize the alternative delivery method
referred to as design-build contracts solely in connection with the
S. 7508 125 A. 9508
following authorized projects should the total cost of each such project
not be less than five million dollars ($5,000,000):
Authorized Projects Authorized State Entity
1. Frontier Town Urban Development Corporation
2. Life Sciences Laboratory Dormitory Authority & Urban
Development Corporation
3. Whiteface Transformative Projects New York State Olympic Regional
Development Authority
4. Gore Transformative Projects New York State Olympic Regional
Development Authority
5. Belleayre Transformative Projects New York State Olympic Regional
Development Authority
6. Mt. Van Hoevenberg Transformative New York State Olympic Regional
Projects Development Authority
7. Olympic Training Center New York State Olympic Regional
Development Authority
8. Olympic Arena and Convention New York State Olympic Regional
Center Complex Development Authority
9. State Fair Revitalization Office of General
Projects Services
10. State Police Forensic Office of General
Laboratory Services
Notwithstanding any provision of law to the contrary, all rights or
benefits, including terms and conditions of employment, and protection
of civil service and collective bargaining status of all existing
employees of authorized state entities [solely in connection with the
authorized projects listed above,] shall be preserved and protected.
Nothing in this section shall result in the: (1) displacement of any
currently employed worker or loss of position (including partial
displacement such as a reduction in the hours of non-overtime work,
wages, or employment benefits) or result in the impairment of existing
collective bargaining agreements; [and] (2) transfer of existing duties
and functions related to maintenance and operations currently performed
by existing employees of authorized state entities to a contracting
entity; OR (3) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY
PERFORMED BY EMPLOYEES OF AUTHORIZED STATE ENTITIES TO THE CONTRACTING
ENTITY. Nothing contained herein shall be construed to affect (A) the
existing rights of employees pursuant to an existing collective bargain-
ing agreement, and (B) the existing representational relationships among
employee organizations or the bargaining relationships between the
employer and an employee organization.
If otherwise applicable, authorized projects undertaken by the author-
ized state entities listed above solely in connection with the
provisions of this act shall be subject to section 135 of the state
finance law, section 101 of the general municipal law, and section 222
of the labor law; provided, however, that an authorized state entity may
fulfill its obligations under section 135 of the state finance law or
section 101 of the general municipal law by requiring the contractor to
prepare separate specifications in accordance with section 135 of the
S. 7508 126 A. 9508
state finance law or section 101 of the general municipal law, as the
case may be.
§ 3. Notwithstanding the provisions of section 38 of the highway law,
section 136-a of the state finance law, [section] SECTIONS 359, 1678,
1680, 1680-A AND 2879-A of the public authorities law, [section]
SECTIONS 376, 407-A, 6281 AND 7210 of the education law, SECTIONS 8 AND
9 OF THE PUBLIC BUILDINGS LAW, SECTION 11 OF CHAPTER 795 OF THE LAWS OF
1967, SECTION 11 OF SECTION 1 OF CHAPTER 174 OF THE LAWS OF 1968 AS
AMENDED, SECTION 8 AND 9 OF SECTION 1 OF CHAPTER 359 OF THE LAWS OF 1968
AS AMENDED, SECTION 29 OF CHAPTER 337 OF THE LAWS OF 1972, SECTION 21 OF
CHAPTER 464 OF THE LAWS OF 1972, SECTION 103 OF THE GENERAL MUNICIPAL
LAW, and the provisions of any other law to the contrary, and in
conformity with the requirements of this act, an authorized state entity
may utilize the alternative delivery method referred to as design-build
contracts, in consultation with relevant local labor organizations and
construction industry, for capital projects LOCATED IN THE STATE related
to [the state's] physical infrastructure, including, but not limited to,
[the state's] highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES,
dams, flood control projects, canals, and parks, including, but not
limited to, to repair damage caused by natural disaster, to correct
health and safety defects, to comply with federal and state laws, stand-
ards, and regulations, to extend the useful life of or replace [the
state's] highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams,
flood control projects, canals, and parks or to improve or add to [the
state's] highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams,
flood control projects, canals, and parks; provided that for the
contracts executed by the department of transportation, the office of
parks, recreation and historic preservation, or the department of envi-
ronmental conservation, the total cost of each such project shall not be
less than ten million dollars ($10,000,000).
§ 2. The opening paragraph and subdivision (a) of section 4 of part F
of chapter 60 of the laws of 2015 constituting the infrastructure
investment act, as amended by section 4 of part RRR of chapter 59 of the
laws of 2017, are amended to read as follows:
An entity selected by an authorized state entity to enter into a
design-build contract [shall] MAY be selected through a two-step method,
as follows:
(a) Step one. Generation of a list of entities that have demonstrated
the general capability to perform the design-build contract. Such list
shall consist of a specified number of entities, as determined by an
authorized state entity, and shall be generated based upon the author-
ized state entity's review of responses to a publicly advertised request
for qualifications. The authorized state entity's request for qualifica-
tions shall include a general description of the project, the maximum
number of entities to be included on the list, the selection criteria to
be used and the relative weight of each criteria in generating the list.
Such selection criteria shall include the qualifications and experience
of the design and construction team, organization, demonstrated respon-
sibility, ability of the team or of a member or members of the team to
comply with applicable requirements, including the provisions of arti-
cles 145, 147 and 148 of the education law, past record of compliance
with the labor law, and such other qualifications the authorized state
entity deems appropriate which may include but are not limited to
project understanding, financial capability and record of past perform-
ance. The authorized state entity shall evaluate and rate all entities
responding to the request for qualifications. Based upon such ratings,
S. 7508 127 A. 9508
the authorized state entity shall list the entities that shall receive a
request for proposals in accordance with subdivision (b) of this
section. To the extent consistent with applicable federal law, the
authorized state entity shall consider, when awarding any contract
pursuant to this section, the participation of: (i) firms certified
pursuant to article 15-A of the executive law as minority or women-owned
businesses and the ability of other businesses under consideration to
work with minority and women-owned businesses so as to promote and
assist participation by such businesses; [and] (ii) small business
concerns identified pursuant to subdivision (b) of section 139-g of the
state finance law; AND (III) FIRMS CERTIFIED PURSUANT TO ARTICLE 17-B OF
THE EXECUTIVE LAW AS SERVICE-DISABLED VETERAN-OWNED BUSINESSES AND THE
ABILITY OF OTHER BUSINESSES UNDER CONSIDERATION TO WORK WITH SERVICE-
DISABLED VETERAN-OWNED BUSINESSES SO AS TO PROMOTE AND ASSIST PARTIC-
IPATION BY SUCH BUSINESSES.
§ 3. Sections 7 and 8 of part F of chapter 60 of the laws of 2015
constituting the infrastructure investment act are amended to read as
follows:
§ 7. If otherwise applicable, capital projects undertaken by the
authorized state entity pursuant to this act shall be subject to section
135 of the state finance law, SECTION 101 OF THE GENERAL MUNICIPAL LAW
and section 222 of the labor law; PROVIDED, HOWEVER, THAT AN AUTHORIZED
STATE ENTITY MAY FULFILL ITS OBLIGATIONS UNDER SECTION 135 OF THE STATE
FINANCE LAW OR SECTION 101 OF THE GENERAL MUNICIPAL LAW BY REQUIRING THE
CONTRACTOR TO PREPARE SEPARATE SPECIFICATIONS IN ACCORDANCE WITH SECTION
135 OF THE STATE FINANCE LAW OR SECTION 101 OF THE GENERAL MUNICIPAL
LAW, AS THE CASE MAY BE.
§ 8. Each contract entered into by the authorized state entity pursu-
ant to this section shall comply with the objectives and goals of minor-
ity and women-owned business enterprises pursuant to article 15-A of the
executive law AND OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
PURSUANT TO ARTICLE 17-B OF THE EXECUTIVE LAW or, for projects receiving
federal aid, shall comply with applicable federal requirements for
disadvantaged business enterprises.
§ 4. Paragraph 3 of subdivision (a) and subdivision (b) of section 13
of part F of chapter 60 of the laws of 2015 constituting the infrastruc-
ture investment act, as amended by section 11 of part RRR of chapter 59
of the laws of 2017, are amended to read as follows:
3. (I) Utilizing a lump sum contract in which the contractor agrees to
accept a set dollar amount for a contract which comprises a single bid
without providing a cost breakdown for all costs such as for equipment,
labor, materials, as well as such contractor's profit for completing all
items of work comprising the project, WHICH LUMP SUM PRICE MAY BE NEGO-
TIATED AND ESTABLISHED BY THE AUTHORIZED STATE ENTITY BASED ON A
PROPOSED GUARANTEED MAXIMUM PRICE.
(II) THE DESIGN-BUILD CONTRACT MAY INCLUDE BOTH LUMP SUM ELEMENTS AND
COST-PLUS NOT TO EXCEED GUARANTEED MAXIMUM PRICE ELEMENTS AND MAY ALSO
PROVIDE FOR PROFESSIONAL SERVICES ON A FEE-FOR-SERVICE BASIS.
(b) Capital projects undertaken by an authorized state entity may
include an incentive clause in the contract for various performance
objectives, but the incentive clause shall not include an incentive that
exceeds the quantifiable value of the benefit received by the authorized
state entity. [The] NOTWITHSTANDING THE PROVISIONS OF SECTIONS 136 AND
137 OF THE STATE FINANCE LAW, THE authorized state entity shall [estab-
lish] REQUIRE such performance and payment bonds, OR OTHER FORM OF
UNDERTAKING as it deems necessary.
S. 7508 128 A. 9508
§ 5. Part F of chapter 60 of the laws of 2015 constituting the infras-
tructure investment act is amended by adding a new section 15-a to read
as follows:
§ 15-A. ANY CONTRACT AWARDED PURSUANT TO THIS ACT SHALL BE DEEMED TO
BE AWARDED PURSUANT TO A COMPETITIVE PROCUREMENT FOR PURPOSES OF SECTION
2879-A OF THE PUBLIC AUTHORITIES LAW.
§ 6. Section 17 of part F of chapter 60 of the laws of 2015 constitut-
ing the infrastructure investment act, as amended by section 1 of part
WWW of chapter 59 of the laws of 2019, is amended to read as follows:
§ 17. This act shall take effect immediately and shall expire and be
deemed repealed [6 years after such date] ON JULY 1, 2023, provided
that, projects with requests for qualifications issued prior to such
repeal shall be permitted to continue under this act notwithstanding
such repeal.
§ 7. This act shall take effect immediately; provided, however, that
the amendments to part F of chapter 60 of the laws of 2015 made by
sections one, two, three, four and five of this act shall not affect the
repeal of such part and shall be deemed to repeal therewith.
PART EE
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as amended by section 1 of part Z of chapter 58 of the
laws of 2019, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2020] 2021.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2020.
PART FF
Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to make loans, as
amended by section 1 of part Y of chapter 58 of the laws of 2019, is
amended to read as follows:
§ 2. This act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2020] 2021, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
§ 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.
PART GG
Section 1. Paragraph (a) of subdivision 11 of section 400 of the
economic development law, as amended by section 3 of part QQ of chapter
60 of the laws of 2016, is amended to read as follows:
(a) a correctional facility, as defined in paragraph (a) of subdivi-
sion four of section two of the correction law, that has been selected
S. 7508 129 A. 9508
by the governor of the state of New York for closure after April first,
two thousand eleven[ but no later than March thirty-first, two thousand
twelve]; or
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 400 of the economic development law made by
section one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.
PART HH
Section 1. Expenditures of moneys by the New York state energy
research and development authority for services and expenses of the
energy research, development and demonstration program, including
grants, the energy policy and planning program, the zero emissions vehi-
cle and electric vehicle rebate program, and the Fuel NY program shall
be subject to the provisions of this section. Notwithstanding the
provisions of subdivision 4-a of section 18-a of the public service law,
all moneys committed or expended in an amount not to exceed $22,700,000
shall be reimbursed by assessment against gas corporations, as defined
in subdivision 11 of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section 2 of the public
service law, where such gas corporations and electric corporations have
gross revenues from intrastate utility operations in excess of $500,000
in the preceding calendar year, and the total amount which may be
charged to any gas corporation and any electric corporation shall not
exceed one cent per one thousand cubic feet of gas sold and .010 cent
per kilowatt-hour of electricity sold by such corporations in their
intrastate utility operations in calendar year 2018. Such amounts shall
be excluded from the general assessment provisions of subdivision 2 of
section 18-a of the public service law. The chair of the public service
commission shall bill such gas and/or electric corporations for such
amounts on or before August 10, 2020 and such amounts shall be paid to
the New York state energy research and development authority on or
before September 10, 2020. Upon receipt, the New York state energy
research and development authority shall deposit such funds in the ener-
gy research and development operating fund established pursuant to
section 1859 of the public authorities law. The New York state energy
research and development authority is authorized and directed to: (1)
transfer up to $4 million to the state general fund for climate change
related services and expenses of the department of environmental conser-
vation, $150,000 to the state general fund for services and expenses of
the department of agriculture and markets, and $825,000 to the Universi-
ty of Rochester laboratory for laser energetics from the funds received;
and (2) commencing in 2016, provide to the chair of the public service
commission and the director of the budget and the chairs and secretaries
of the legislative fiscal committees, on or before August first of each
year, an itemized record, certified by the president and chief executive
officer of the authority, or his or her designee, detailing any and all
expenditures and commitments ascribable to moneys received as a result
of this assessment by the chair of the department of public service
pursuant to section 18-a of the public service law. This itemized
record shall include an itemized breakdown of the programs being funded
by this section and the amount committed to each program. The authority
shall not commit for any expenditure, any moneys derived from the
assessment provided for in this section, until the chair of such author-
ity shall have submitted, and the director of the budget shall have
S. 7508 130 A. 9508
approved, a comprehensive financial plan encompassing all moneys avail-
able to and all anticipated commitments and expenditures by such author-
ity from any source for the operations of such authority. Copies of the
approved comprehensive financial plan shall be immediately submitted by
the chair to the chairs and secretaries of the legislative fiscal
committees. Any such amount not committed by such authority to
contracts or contracts to be awarded or otherwise expended by the
authority during the fiscal year shall be refunded by such authority on
a pro-rata basis to such gas and/or electric corporations, in a manner
to be determined by the department of public service, and any refund
amounts must be explicitly lined out in the itemized record described
above.
§ 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.
PART II
Section 1. The closing paragraph of subdivision 1 of section 161 of
the labor law, as added by chapter 105 of the laws of 2019, is amended
to read as follows:
Every person employed as a farm laborer shall be allowed at least
twenty-four consecutive hours of rest in each and every calendar week.
This requirement shall not apply to the EMPLOYER OR parent, child,
spouse or other member of the employer's immediate family. THE TERM
"EMPLOYER" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPHS (A) AND
(B) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED ONE OF THIS CHAPTER. THE
TERM "IMMEDIATE FAMILY MEMBER" SHALL MEAN FAMILY RELATED TO THE THIRD
DEGREE OF CONSANGUINITY OR AFFINITY. Twenty-four consecutive hours spent
at rest because of circumstances, such as weather or crop conditions,
shall be deemed to constitute the rest required by this paragraph. No
provision of this paragraph shall prohibit a farm laborer from voluntar-
ily agreeing to work on such day of rest required by this paragraph,
provided that the farm laborer is compensated at an overtime rate which
is at least one and one-half times the laborer's regular rate of pay for
all hours worked on such day of rest. The term "farm labor" AS USED IN
THIS SECTION AND SECTIONS ONE HUNDRED SIXTY-TWO AND ONE HUNDRED SIXTY-
THREE-A OF THIS ARTICLE shall include all services performed in agricul-
tural employment in connection with cultivating the soil, or in
connection with raising or harvesting of agricultural commodities,
including the raising, shearing, caring for and management of livestock,
poultry or dairy. The day of rest authorized under this subdivision
should, whenever possible, coincide with the traditional day reserved by
the farm laborer for religious worship.
§ 2. Section 163-a of the labor law, as added by chapter 105 of the
laws of 2019, is amended to read as follows:
§ 163-a. Farm laborers. No person or corporation operating a farm
shall require any [employee] FARM LABORER to work more than sixty hours
in any calendar week; provided, however, that any overtime work
performed by a farm laborer shall be at a rate which is at least one and
one-half times the laborer's regular rate of pay. No wage order subject
to the provisions of this chapter shall be applicable to a farm laborer
other than a wage order established pursuant to section six hundred
seventy-four or six hundred seventy-four-a of this chapter.
§ 3. Paragraph (c) of subdivision 3 of section 701 of the labor law,
as added by chapter 105 of the laws of 2019, is amended to read as
follows:
S. 7508 131 A. 9508
(c) The term "employee" shall also include farm laborers. "Farm labor-
ers" shall mean any individual engaged or permitted by an employer to
work on a farm, except the parent, spouse, child, or other member of the
employer's immediate family. THE TERM "IMMEDIATE FAMILY MEMBER" SHALL
MEAN FAMILY RELATED TO THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY.
§ 4. This act shall take effect immediately.
PART JJ
Section 1. Section 103 of the general municipal law is amended by
adding a new subdivision 9-b to read as follows:
9-B. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION TO THE
CONTRARY, A BOARD OF EDUCATION, ON BEHALF OF ITS SCHOOL DISTRICT, OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, THAT PURCHASES GOODS AND
SERVICES FOR THE FEDERAL CHILD NUTRITION PROGRAMS MAY USE ITS OWN
PROCUREMENT PROCEDURES WHICH ADHERE TO APPLICABLE LOCAL LAWS AND REGU-
LATIONS, PROVIDED THAT PROCUREMENTS MADE WITH NONPROFIT SCHOOL FOOD
ACCOUNT FUNDS ADHERE TO THE STANDARDS SET FORTH IN THE NATIONAL SCHOOL
LUNCH PROGRAM (7 CFR 210), SCHOOL BREAKFAST PROGRAM (7 CFR 220), SUMMER
FOOD SERVICE PROGRAM (7 CFR 225), AND IN 2 CFR PART 200, SUBPART D, AS
APPLICABLE.
§ 2. This act shall take effect immediately.
PART KK
Section 1. Subdivision 4 of section 1285-j of the public authorities
law is amended by adding a new closing paragraph to read as follows:
SUBJECT TO ANY APPLICABLE PROVISIONS OF FEDERAL OR STATE LAW, ANY
FINANCIAL ASSISTANCE AT AN INTEREST RATE OF ZERO PERCENT PROVIDED TO
MUNICIPALITIES THAT MEET THE HARDSHIP CRITERIA ESTABLISHED PURSUANT TO
SECTION 17-1909 OF THE ENVIRONMENTAL CONSERVATION LAW, MAY HAVE A FINAL
MATURITY UP TO FORTY YEARS FOLLOWING COMPLETION OF THE ELIGIBLE PROJECT.
§ 2. Subdivision 4 of section 1285-m of the public authorities law is
amended by adding a new closing paragraph to read as follows:
SUBJECT TO ANY APPLICABLE PROVISIONS OF FEDERAL OR STATE LAW, ANY
FINANCIAL ASSISTANCE AT AN INTEREST RATE OF ZERO PERCENT PROVIDED TO
MUNICIPALITIES THAT MEET THE HARDSHIP CRITERIA ESTABLISHED PURSUANT TO
TITLE FOUR OF ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, MAY HAVE A FINAL
MATURITY UP TO FORTY YEARS FOLLOWING COMPLETION OF THE ELIGIBLE PROJECT.
§ 3. This act shall take effect immediately.
PART LL
Section 1. The banking law is amended by adding a new article 7 to
read as follows:
ARTICLE VII
LICENSED CONSUMER DEBT COLLECTORS
SECTION 295. DEFINITIONS.
296. LICENSE REQUIRED; ENTITIES EXEMPT.
297. APPLICATION FOR LICENSE; FEES.
298. SURETY BOND REQUIRED.
299. EXAMINATION; BOOKS AND RECORDS; REPORTS.
300. PROHIBITED ACTS.
301. REGULATIONS; MINIMUM STANDARDS.
302. APPLICATION FOR ACQUISITION OF CONTROL OF A CONSUMER DEBT
COLLECTOR.
S. 7508 132 A. 9508
303. SUSPENSION AND REVOCATION.
304. BAD ACTORS.
§ 295. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "APPLICANT" MEANS A CONSUMER DEBT COLLECTOR WHO HAS FILED AN APPLI-
CATION TO OBTAIN A LICENSE UNDER THIS ARTICLE.
2. "COMMUNICATION" AND "COMMUNICATE" MEANS THE CONVEYING OF INFORMA-
TION REGARDING A DEBT DIRECTLY OR INDIRECTLY TO ANY PERSON THROUGH ANY
MEDIUM.
3. "CONSUMER DEBT" MEANS ANY OBLIGATION OF A NATURAL PERSON FOR THE
PAYMENT OF MONEY OR ITS EQUIVALENT WHICH ARISES OUT OF A TRANSACTION
WHICH WAS PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. THE
TERM INCLUDES AN OBLIGATION OF A NATURAL PERSON WHO IS A CO-MAKER,
ENDORSER, GUARANTOR OR SURETY OF SUCH A TRANSACTION.
4. "CONSUMER DEBTOR" MEANS ANY NATURAL PERSON OBLIGATED OR ALLEGEDLY
OBLIGATED TO PAY ANY CONSUMER DEBT.
5. "CONSUMER DEBT COLLECTOR" MEANS ANY PERSON WHO ENGAGES IN A BUSI-
NESS, A PRINCIPAL PURPOSE OF WHICH IS THE COLLECTION OF CONSUMER DEBTS
OR OF DEBT BUYING, OR WHO REGULARLY COLLECTS OR ATTEMPTS TO COLLECT,
DIRECTLY OR INDIRECTLY, CONSUMER DEBTS OWED OR DUE TO ANOTHER PERSON.
THE TERM INCLUDES ANY CREDITOR WHO, IN THE PROCESS OF COLLECTING ITS OWN
CONSUMER DEBTS, AND USES ANY NAME OTHER THAN ITS OWN WHICH WOULD REASON-
ABLY INDICATE THAT A THIRD PERSON IS COLLECTING OR ATTEMPTING TO COLLECT
A CONSUMER DEBT.
6. "CONTROL" MEANS THE POSSESSION, DIRECT OR INDIRECT, OF THE POWER TO
DIRECT OR CAUSE THE DIRECTION OF THE MANAGEMENT AND POLICIES OF A
PERSON, WHETHER THROUGH THE OWNERSHIP OF VOTING SECURITIES, BY CONTRACT,
EXCEPT A COMMERCIAL CONTRACT FOR GOODS OR NON-MANAGEMENT SERVICES, OR
OTHERWISE; BUT NO PERSON SHALL BE DEEMED TO CONTROL ANOTHER PERSON SOLE-
LY BY REASON OF HIS OR HER BEING AN OFFICER OR DIRECTOR OF SUCH OTHER
PERSON. CONTROL SHALL BE PRESUMED TO EXIST IF ANY PERSON DIRECTLY OR
INDIRECTLY OWNS, CONTROLS OR HOLDS WITH THE POWER TO VOTE TEN PERCENT OR
MORE OF THE VOTING SECURITIES OF ANY OTHER PERSON.
7. "CREDITOR" MEANS ANY PERSON TO WHOM A CONSUMER DEBT IS OWED.
8. "LICENSEE" MEANS A CONSUMER DEBT COLLECTOR THAT POSSESSES ONE OR
MORE LICENSES PURSUANT TO THIS ARTICLE.
9. "PERSON" MEANS A NATURAL PERSON OR ANY ENTITY, INCLUDING BUT NOT
LIMITED TO ANY PARTNERSHIP, CORPORATION, BRANCH, AGENCY, ASSOCIATION,
ORGANIZATION, ANY SIMILAR ENTITY OR ANY COMBINATION OF THE FOREGOING
ACTING IN CONCERT.
§ 296. LICENSE REQUIRED; ENTITIES EXEMPT. 1. NO PERSON SHALL ACT WITH-
IN THIS STATE AS A CONSUMER DEBT COLLECTOR, DIRECTLY OR INDIRECTLY,
WITHOUT FIRST OBTAINING A LICENSE FROM THE SUPERINTENDENT. A CONSUMER
DEBT COLLECTOR IS ACTING WITHIN THIS STATE IF IT IS SEEKING TO COLLECT
FROM ANY CONSUMER DEBTOR THAT RESIDES WITHIN THIS STATE.
2. NO CREDITOR MAY UTILIZE THE SERVICES OF A CONSUMER DEBT COLLECTOR
TO COLLECT FROM A CONSUMER DEBTOR THAT RESIDES WITHIN THIS STATE UNLESS
THE CONSUMER DEBT COLLECTOR IS LICENSED BY THE SUPERINTENDENT.
3. THE REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL
NOT APPLY TO:
(A) AN INDIVIDUAL EMPLOYED BY A LICENSED CONSUMER DEBT COLLECTOR WHEN
ATTEMPTING TO COLLECT ON BEHALF OF SUCH CONSUMER DEBT COLLECTOR;
(B) A PERSON WHO RECEIVES FUNDS IN ESCROW FOR SUBSEQUENT DISTRIBUTION
TO OTHERS, INCLUDING, BUT NOT LIMITED TO, A REAL ESTATE BROKER OR LENDER
HOLDING FUNDS OF BORROWERS FOR PAYMENT OF TAXES OR INSURANCE;
(C) ANY PUBLIC OFFICER ACTING IN THEIR OFFICIAL CAPACITY;
S. 7508 133 A. 9508
(D) A PERSON WHO IS PRINCIPALLY ENGAGED IN THE BUSINESS OF SERVICING
LOANS OR ACCOUNTS WHICH ARE NOT DELINQUENT FOR THE OWNERS THEREOF WHEN
IN ADDITION TO REQUESTING PAYMENT FROM DELINQUENT CONSUMER DEBTORS, THE
PERSON PROVIDES OTHER SERVICES INCLUDING RECEIPT OF PAYMENT, ACCOUNTING,
RECORD-KEEPING, DATA PROCESSING SERVICES AND REMITTING, FOR LOANS OR
ACCOUNTS WHICH ARE CURRENT AS WELL AS THOSE WHICH ARE DELINQUENT;
(E) ANY PERSON WHILE SERVING OR ATTEMPTING TO SERVE LEGAL PROCESS ON
ANY OTHER PERSON IN CONNECTION WITH THE JUDICIAL ENFORCEMENT OF ANY
DEBT;
(F) ANY NON-PROFIT ORGANIZATION WHICH, AT THE REQUEST OF A CONSUMER
DEBTOR, PERFORMS BONA FIDE CONSUMER CREDIT COUNSELING AND ASSISTS
CUSTOMERS IN THE LIQUIDATION OF THEIR DEBTS BY RECEIVING PAYMENTS FROM
SUCH CONSUMER DEBTORS AND DISTRIBUTING SUCH AMOUNTS TO CREDITORS;
(G) ANY NATIONAL BANK, FEDERAL RESERVE BANK, OR AGENCY OR DIVISION OF
THE FEDERAL GOVERNMENT, OR ANY PERSON, PARTNERSHIP, ASSOCIATION, CORPO-
RATION OR OTHER ORGANIZATION DOING BUSINESS UNDER OR PURSUANT TO THE
PROVISIONS OF THIS CHAPTER, OR ANY INSURER DOING BUSINESS UNDER A
LICENSE ISSUED UNDER THE INSURANCE LAW; AND
(H) A SUBSIDIARY OR AFFILIATE OF ANY NATIONAL BANK, FEDERAL RESERVE
BANK, OR AGENCY OR DIVISION OF THE FEDERAL GOVERNMENT, OR ANY PERSON,
PARTNERSHIP, ASSOCIATION, CORPORATION OR OTHER ORGANIZATION DOING BUSI-
NESS UNDER OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR ANY INSURER
DOING BUSINESS UNDER A LICENSE ISSUED UNDER THE INSURANCE LAW, PROVIDED
SUCH AFFILIATE OR SUBSIDIARY IS NOT PRIMARILY ENGAGED IN THE BUSINESS OF
PURCHASING AND COLLECTING UPON DELINQUENT DEBT, OTHER THAN DELINQUENT
DEBT SECURED BY REAL PROPERTY.
§ 297. APPLICATION FOR LICENSE; FEES. 1. (A) AN APPLICATION FOR A
LICENSE UNDER THIS ARTICLE SHALL BE IN WRITING, UNDER OATH, AND IN THE
FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL CONTAIN SUCH INFORMATION
AS THE SUPERINTENDENT MAY REQUIRE.
(B) THE SUPERINTENDENT MAY REJECT AN APPLICATION FOR A LICENSE OR AN
APPLICATION FOR THE RENEWAL OF A LICENSE IF HE OR SHE IS NOT SATISFIED
THAT THE FINANCIAL RESPONSIBILITY, CHARACTER, REPUTATION, INTEGRITY AND
GENERAL FITNESS OF THE APPLICANT AND OF THE OWNERS, PARTNERS OR MEMBERS
THEREOF, IF THE APPLICANT BE A PARTNERSHIP OR ASSOCIATION, AND OF THE
OFFICERS AND DIRECTORS, IF THE APPLICANT BE A CORPORATION, ARE SUCH AS
TO COMMAND THE CONFIDENCE OF THE PUBLIC AND TO WARRANT THE BELIEF THAT
THE BUSINESS FOR WHICH THE APPLICATION FOR A LICENSE IS FILED WILL BE
OPERATED LAWFULLY, HONESTLY AND FAIRLY.
(C) IN ADDITION TO ANY OTHER INFORMATION THE SUPERINTENDENT MAY
REQUIRE THE APPLICATION TO ALSO INCLUDE A DESCRIPTION OF THE ACTIVITIES
OF THE APPLICANT, IN SUCH DETAIL AND FOR SUCH PERIODS, AS THE SUPER-
INTENDENT MAY ESTABLISH.
2. AT THE TIME OF MAKING THE APPLICATION FOR A LICENSE, THE APPLICANT
SHALL PAY TO THE SUPERINTENDENT A FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER FOR EACH PROPOSED LOCATION, FOR INVESTIGATING
THE APPLICATION.
3. IN ADDITION TO ANY OTHER FEE IMPOSED ON AN APPLICANT OR LICENSEE,
EVERY LICENSEE SHALL PAY TO THE SUPERINTENDENT THE SUMS PROVIDED TO BE
PAID UNDER THE PROVISIONS OF SECTION TWO HUNDRED SIX OF THE FINANCIAL
SERVICES LAW.
4. THE LICENSE SHALL BE FOR A PERIOD OF ONE YEAR AS OF THE FIRST OF
SEPTEMBER EACH YEAR, OR SUCH OTHER DATE AS DETERMINED BY THE SUPERINTEN-
DENT BY REGULATION.
5. EACH LICENSE SHALL PLAINLY STATE THE NAME OF THE LICENSEE AND THE
CITY OR TOWN WITH THE NAME OF THE STREET AND NUMBER, IF ANY, OF THE
S. 7508 134 A. 9508
PLACE WHERE THE BUSINESS IS TO BE CARRIED ON. A LICENSEE SHALL NOT
CHANGE THE LOCATION WHERE THE BUSINESS OF THE LICENSEE IS TO BE CARRIED
ON WITHOUT FIRST OBTAINING THE PRIOR APPROVAL OF THE SUPERINTENDENT. A
REQUEST FOR RELOCATION SHALL BE IN WRITING SETTING FORTH THE REASON FOR
THE REQUEST, AND SHALL BE ACCOMPANIED BY A RELOCATION INVESTIGATION FEE
TO BE DETERMINED PURSUANT TO SECTION EIGHTEEN-A OF THIS CHAPTER.
6. THE BUSINESS SHALL AT ALL TIMES BE CONDUCTED IN THE NAME OF THE
LICENSEE AS IT APPEARS ON THE LICENSE.
7. THE LICENSE SHALL NOT BE TRANSFERABLE NOR ASSIGNABLE.
8. THE SUPERINTENDENT MAY PARTICIPATE IN A MULTI-STATE LICENSING
SYSTEM FOR THE SHARING OF REGULATORY INFORMATION AND FOR THE LICENSING
AND APPLICATION, BY ELECTRONIC OR OTHER MEANS, OF ENTITIES ENGAGED IN
THE BUSINESS OF DEBT COLLECTION. THE SUPERINTENDENT MAY ESTABLISH
REQUIREMENTS FOR PARTICIPATION BY AN APPLICANT IN A MULTI-STATE LICENS-
ING SYSTEM WHICH MAY VARY FROM THE PROVISIONS OF THIS SECTION. THE
SUPERINTENDENT MAY REQUIRE A BACKGROUND INVESTIGATION OF EACH APPLICANT
FOR A CONSUMER DEBT COLLECTOR LICENSE BY MEANS OF FINGERPRINT, WHICH
SHALL BE SUBMITTED BY ALL APPLICANTS SIMULTANEOUSLY WITH AN APPLICATION
AND WHICH THE SUPERINTENDENT MAY SUBMIT TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATIONS FOR STATE AND
NATIONAL CRIMINAL HISTORY RECORD CHECKS. IF THE APPLICANT IS A PARTNER-
SHIP, ASSOCIATION, CORPORATION OR OTHER FORM OF BUSINESS ORGANIZATION,
THE SUPERINTENDENT MAY REQUIRE A BACKGROUND INVESTIGATION FOR EACH
MEMBER, DIRECTOR AND PRINCIPAL OFFICER OF THE APPLICANT AND ANY INDIVID-
UAL ACTING AS A MANAGER OF AN OFFICE LOCATION. THE APPLICANT SHALL PAY
DIRECTLY TO THE MULTI-STATE LICENSING SYSTEM ANY ADDITIONAL FEES RELAT-
ING TO PARTICIPATION IN THE MULTI-STATE LICENSING SYSTEM.
§ 298. SURETY BOND REQUIRED. 1. A CONSUMER DEBT COLLECTOR SHALL BE
REQUIRED TO FILE AND MAINTAIN IN FORCE A SURETY BOND, ISSUED BY A DOMES-
TIC INSURER, AS A CONDITION PRECEDENT TO THE ISSUANCE OR RENEWAL AND
MAINTENANCE OF A LICENSE UNDER THIS ARTICLE. THE BOND SHALL BE FOR THE
BENEFIT OF CREDITORS WHO OBTAIN A JUDGMENT FROM A COURT OF COMPETENT
JURISDICTION BASED ON THE FAILURE OF THE CONSUMER DEBT COLLECTOR TO
REMIT MONEY COLLECTED ON ACCOUNT AND OWED TO THE CREDITOR. THE BOND
SHALL ALSO BE FOR THE BENEFIT OF CONSUMER DEBTORS WHO OBTAIN JUDGMENT
FROM A COURT OF COMPETENT JURISDICTION BASED ON A VIOLATION BY THE
CONSUMER DEBT COLLECTOR OF THE FEDERAL FAIR DEBT COLLECTION PRACTICE ACT
OR ANY OTHER NEW YORK LAW OR FEDERAL LAW WHICH IS APPLICABLE TO THE
CONSUMER DEBT COLLECTOR. THE BOND SHALL BE IN A FORM PRESCRIBED BY THE
SUPERINTENDENT IN THE SUM OF TWENTY-FIVE THOUSAND DOLLARS. THE BOND
SHALL BE CONTINUOUS IN FORM AND RUN CONCURRENTLY WITH THE ORIGINAL AND
EACH RENEWAL LICENSE PERIOD UNLESS TERMINATED BY THE INSURANCE COMPANY.
AN INSURANCE COMPANY MAY TERMINATE A BOND AND AVOID FURTHER LIABILITY BY
FILING A NOTICE OF TERMINATION WITH THE DEPARTMENT SIXTY DAYS PRIOR TO
THE TERMINATION AND AT THE SAME TIME SENDING THE SAME NOTICE TO THE
CONSUMER DEBT COLLECTOR.
2. A LICENSE SHALL BE AUTOMATICALLY CANCELLED ON THE TERMINATION DATE
OF THE BOND UNLESS A NEW BOND IS FILED WITH THE DEPARTMENT TO BECOME
EFFECTIVE AT THE TERMINATION DATE OF THE PRIOR BOND.
3. IF A LICENSE HAS BEEN CANCELLED UNDER THIS SECTION, THE CONSUMER
DEBT COLLECTOR MUST FILE A NEW APPLICATION TO OBTAIN A LICENSE AND WILL
BE CONSIDERED A NEW APPLICANT IF IT OBTAINS A NEW BOND.
4. FOR THE PURPOSES OF THIS SECTION THE TERM "DOMESTIC INSURER" SHALL
HAVE THE SAME MEANING AS GIVEN IN SECTION ONE HUNDRED SEVEN OF THE
INSURANCE LAW. IF A BOND REQUIRED BY THIS SECTION IS NOT REASONABLY
AVAILABLE FROM A DOMESTIC INSURER THE SUPERINTENDENT MAY, IN HIS OR HER
S. 7508 135 A. 9508
DISCRETION, PERMIT, ON A CASE BY CASE BASIS OR BY ORDER, CONSUMER DEBT
COLLECTORS TO OBTAIN THE BOND REQUIRED BY THIS SECTION FROM SUCH OTHER
ENTITIES LICENSED BY THE DEPARTMENT AS THE SUPERINTENDENT DEEMS APPRO-
PRIATE.
§ 299. EXAMINATION; BOOKS AND RECORDS; REPORTS. 1. FOR THE PURPOSE OF
ENFORCING THE PROVISIONS OF THIS ARTICLE AND FOR ENSURING THE SAFE AND
SOUND OPERATION OF THE CONSUMER DEBT COLLECTOR BUSINESS, THE SUPERINTEN-
DENT MAY AT ANY TIME, AND AS OFTEN AS MAY BE DETERMINED, EITHER
PERSONALLY OR BY A PERSON DULY APPOINTED BY THE SUPERINTENDENT, INVESTI-
GATE THE LOANS AND BUSINESS AND EXAMINE THE BOOKS, ACCOUNTS, RECORDS,
AND FILES USED THEREIN OF EVERY LICENSEE.
2. THE SUPERINTENDENT AND DULY DESIGNATED REPRESENTATIVES SHALL HAVE
FREE ACCESS TO THE OFFICES AND PLACE OF BUSINESS, BOOKS, ACCOUNTS,
PAPERS, RECORDS, AUDIO RECORDINGS, FILES, SAFES AND VAULTS OF ALL SUCH
LICENSEES WHEREVER LOCATED. THE SUPERINTENDENT SHALL HAVE AUTHORITY TO
REQUIRE THE ATTENDANCE OF AND TO EXAMINE UNDER OATH ALL PERSONS WHOMSOE-
VER WHOSE TESTIMONY MAY BE REQUIRED RELATIVE TO SUCH LOANS OR SUCH BUSI-
NESS.
3. THE SUPERINTENDENT MAY ALSO ADDRESS TO A LICENSEE, OR THE OFFICERS
THEREOF, ANY INQUIRY IN RELATION TO ITS TRANSACTIONS, OPERATIONS, OR
CONDITIONS, OR ANY MATTER CONNECTED THEREWITH. EVERY PERSON SO ADDRESSED
SHALL REPLY IN WRITING TO SUCH INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH
REPLY SHALL BE, IF REQUIRED BY THE SUPERINTENDENT, SUBSCRIBED BY SUCH
INDIVIDUAL, OR BY SUCH OFFICER OR OFFICERS OF A CORPORATION, AS THE
SUPERINTENDENT SHALL DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER THE
PENALTIES OF PERJURY.
4. EACH LICENSEE SHALL KEEP AND USE IN ITS BUSINESS SUCH BOOKS,
ACCOUNTS, AND RECORDS AS WILL ENABLE THE SUPERINTENDENT TO DETERMINE
WHETHER SUCH LICENSEE IS COMPLYING WITH THE PROVISIONS OF THIS ARTICLE
AND WITH THE RULES AND REGULATIONS PROMULGATED HEREUNDER. EVERY LICENSEE
SHALL PRESERVE SUCH BOOKS, ACCOUNTS, AND RECORDS, FOR AT LEAST FIVE
YEARS AFTER MAKING THE FINAL ENTRY REGARDING A CONSUMER DEBT. PRESERVA-
TION OF PHOTOGRAPHIC REPRODUCTION THEREOF OR RECORDS IN PHOTOGRAPHIC
FORM, INCLUDING AN OPTICAL DISK STORAGE SYSTEM AND THE USE OF ELECTRONIC
DATA PROCESSING EQUIPMENT THAT PROVIDES COMPARABLE RECORDS TO THOSE
OTHERWISE REQUIRED AND WHICH ARE AVAILABLE FOR EXAMINATION UPON REQUEST
SHALL CONSTITUTE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
5. EACH LICENSEE SHALL ANNUALLY, ON OR BEFORE APRIL FIRST, FILE A
REPORT WITH THE SUPERINTENDENT GIVING SUCH INFORMATION AS THE SUPER-
INTENDENT MAY REQUIRE CONCERNING THE BUSINESS AND OPERATIONS DURING THE
PRECEDING CALENDAR YEAR OF EACH LICENSED PLACE OF BUSINESS CONDUCTED BY
SUCH LICENSEE WITHIN THE STATE UNDER AUTHORITY OF THIS ARTICLE. SUCH
REPORT SHALL BE SUBSCRIBED AND AFFIRMED AS TRUE BY THE LICENSEE UNDER
THE PENALTIES OF PERJURY AND SHALL BE IN THE FORM PRESCRIBED BY THE
SUPERINTENDENT.
6. IN ADDITION TO ANNUAL REPORTS, THE SUPERINTENDENT MAY REQUIRE SUCH
ADDITIONAL REGULAR OR SPECIAL REPORTS AS MAY BE DEEMED NECESSARY TO THE
PROPER SUPERVISION OF LICENSEES UNDER THIS ARTICLE. SUCH ADDITIONAL
REPORTS SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL
BE SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY.
7. THE EXPENSES OF EVERY EXAMINATION OF THE AFFAIRS OF A CONSUMER DEBT
COLLECTOR SUBJECT TO THIS SECTION SHALL BE BORNE AND PAID BY THE LICEN-
SEE.
§ 300. PROHIBITED ACTS. 1. NO CONSUMER DEBT COLLECTOR THAT IS REQUIRED
TO BE LICENSED UNDER THIS ARTICLE SHALL ENGAGE IN UNFAIR, UNCONSCIONA-
S. 7508 136 A. 9508
BLE, DECEPTIVE, FALSE, MISLEADING, ABUSIVE, OR UNLAWFUL ACTS OR PRAC-
TICES.
2. WITHOUT LIMITING THE GENERAL APPLICATION OF THE PROHIBITED ACTS IN
SUBDIVISION ONE OF THIS SECTION, IT SHALL BE UNLAWFUL FOR ANY CONSUMER
DEBT COLLECTOR TO:
(A) ENGAGE IN ANY ACT OR PRACTICE WHICH WOULD BE A VIOLATION OF THE
FEDERAL FAIR DEBT COLLECTION PRACTICE ACT, ANY OTHER NEW YORK LAW OR
FEDERAL LAW WHICH IS APPLICABLE TO THE CONSUMER DEBT COLLECTOR, OR ANY
ACT OR PRACTICE WHICH WOULD BE PROHIBITED UNDER SECTION SIX HUNDRED ONE
OF THE GENERAL BUSINESS LAW IF THE CONSUMER DEBT COLLECTOR WAS A PRINCI-
PAL CREDITOR;
(B) ENGAGE OR RETAIN THE SERVICES OF ANY PERSON WHO, BEING REQUIRED TO
BE LICENSED UNDER THIS ARTICLE, DOES NOT HAVE A VALID LICENSE ISSUED BY
THE DEPARTMENT; OR
(C) CAUSE ANY ACT TO BE DONE WHICH VIOLATES THIS SECTION.
3. NO CONSUMER DEBT COLLECTOR LICENSED UNDER THIS ARTICLE SHALL:
(A) WITHOUT THE PRIOR WRITTEN AND REVOCABLE CONSENT OF THE CONSUMER
DEBTOR GIVEN DIRECTLY TO THE DEBT COLLECTOR OR THE EXPRESS PERMISSION OF
A COURT OF COMPETENT JURISDICTION, ENGAGE IN ANY COMMUNICATION WITH A
CONSUMER DEBTOR IN CONNECTION WITH THE COLLECTION OF ANY DEBTS:
(I) AT ANY UNUSUAL TIME OR PLACE OR A TIME OR PLACE KNOWN OR WHICH
SHOULD BE KNOWN TO BE INCONVENIENT TO THE CONSUMER DEBTOR. IN THE
ABSENCE OF KNOWLEDGE OF CIRCUMSTANCES TO THE CONTRARY, A DEBT COLLECTOR
SHALL ASSUME THAT THE CONVENIENT TIME FOR COMMUNICATING WITH A CONSUMER
DEBTOR IS AFTER EIGHT O'CLOCK ANTEMERIDIAN AND BEFORE EIGHT O'CLOCK
POSTMERIDIAN, LOCAL TIME AT THE CONSUMER DEBTOR'S LOCATION;
(II) IF THE DEBT COLLECTOR KNOWS THE CONSUMER DEBTOR IS REPRESENTED BY
AN ATTORNEY WITH RESPECT TO SUCH DEBT AND HAS KNOWLEDGE OF, OR CAN READ-
ILY ASCERTAIN, SUCH ATTORNEY'S NAME AND ADDRESS, UNLESS THE ATTORNEY
FAILS TO RESPOND WITHIN A REASONABLE PERIOD OF TIME TO A COMMUNICATION
FROM THE DEBT COLLECTOR OR UNLESS THE ATTORNEY CONSENTS TO DIRECT COMMU-
NICATION WITH THE CONSUMER DEBTOR;
(III) AT THE CONSUMER DEBTOR'S PLACE OF EMPLOYMENT;
(IV) MORE THAN TWO TIMES IN A SEVEN DAY PERIOD;
(V) BY VOICEMAIL ON TO ANY TELEPHONE THAT IS KNOWN OR WHICH REASONABLY
SHOULD BE KNOWN MAY BE RECEIVED BY SOMEONE OTHER THAN THE CONSUMER
DEBTOR; OR
(VI) BY MEANS OF ELECTRONIC COMMUNICATIONS, INCLUDING BUT NOT LIMITED
TO SMS TEXT MESSAGE, MESSAGING APPLICATIONS ON MOBILE TELEPHONES, ELEC-
TRONIC MAIL, FACEBOOK, AND OTHER FORMS OF SOCIAL MEDIA.
(B) COMMUNICATE WITH A CONSUMER DEBTOR BY POSTCARD;
(C) CONTINUE COMMUNICATION WITH A CONSUMER DEBTOR AFTER THE CONSUMER
DEBT COLLECTOR'S FIRST COMMUNICATION IF THE DEBT COLLECTOR FAILS TO SEND
THE CONSUMER DEBTOR A NOTICE IN WRITING WITHIN FIVE DAYS OF THAT FIRST
COMMUNICATION, WHICH SUCH NOTICE SHALL BE PROMULGATED BY THE SUPERINTEN-
DENT; OR
(D) CONTINUE TO COMMUNICATE WITH A CONSUMER DEBTOR ABOUT A CONSUMER
DEBT THAT THE CONSUMER DEBTOR DISPUTES WITHOUT PROVIDING THE CONSUMER
DEBTOR WITH DOCUMENTS THAT VERIFY THE DISPUTED CONSUMER DEBT.
§ 301. REGULATIONS; MINIMUM STANDARDS. THE SUPERINTENDENT MAY PROMUL-
GATE RULES AND REGULATIONS GIVING EFFECT TO THE PROVISIONS OF THIS ARTI-
CLE. SUCH RULES AND REGULATIONS MAY INCLUDE BUT SHALL NOT BE LIMITED TO
THE ESTABLISHMENT OF MINIMUM STANDARDS TO BE OBSERVED BY CONSUMER DEBT
COLLECTORS ACTING WITHIN THIS STATE AND FURTHER DEFINING ACTS AND PRAC-
TICES WHICH ARE UNFAIR, UNCONSCIONABLE, DECEPTIVE, FALSE, MISLEADING,
ABUSIVE, OR UNLAWFUL UNDER SECTION THREE HUNDRED OF THIS ARTICLE.
S. 7508 137 A. 9508
§ 302. APPLICATION FOR ACQUISITION OF CONTROL OF A CONSUMER DEBT
COLLECTOR. 1. NO PERSON SHALL ACQUIRE CONTROL OF A LICENSEE UNDER THIS
ARTICLE WITHOUT THE PRIOR APPROVAL OF THE SUPERINTENDENT.
2. ANY PERSON DESIROUS OF ACQUIRING SUCH CONTROL SHALL MAKE WRITTEN
APPLICATION TO THE SUPERINTENDENT, SUCH APPLICATION SHALL BE IN SUCH
FORM AND SHALL CONTAIN SUCH INFORMATION, INCLUDING THE INFORMATION
REQUIRED UNDER SECTION TWO HUNDRED NINETY-SEVEN OF THIS ARTICLE, AS THE
SUPERINTENDENT MAY REQUIRE AND SUCH PERSON, AT THE TIME OF MAKING SUCH
APPLICATION IF NOT LICENSED, SHALL PAY TO THE SUPERINTENDENT AN INVESTI-
GATION FEE AS PRESCRIBED PURSUANT TO SECTION EIGHTEEN-A OF THIS CHAPTER.
3. IN DETERMINING WHETHER TO APPROVE OR DENY AN APPLICATION UNDER THIS
SECTION, THE SUPERINTENDENT SHALL CONSIDER:
(A) WHETHER THE FINANCIAL RESPONSIBILITY, EXPERIENCE, CHARACTER, AND
GENERAL FITNESS OF THE PERSON SEEKING TO ACQUIRE CONTROL, AND OF THE
MEMBERS THEREOF IF SUCH PERSON BE A PARTNERSHIP OR ASSOCIATION, AND OF
THE OFFICERS, DIRECTORS AND CONTROLLING STOCKHOLDERS THEREOF IF SUCH
PERSON BE A CORPORATION, ARE SUCH AS TO COMMAND THE CONFIDENCE OF THE
COMMUNITY AND TO WARRANT BELIEF THAT THE BUSINESS WILL BE OPERATED
HONESTLY, FAIRLY, AND EFFICIENTLY WITHIN THE PURPOSE OF THIS ARTICLE;
(B) THE EFFECT THE ACQUISITION MAY HAVE ON COMPETITION; AND
(C) WHETHER THE ACQUISITION MAY BE HAZARDOUS OR PREJUDICIAL TO CONSUM-
ER DEBTORS OR CONSUMER CREDITORS IN THIS STATE.
4. IF NO SUCH APPLICATION HAS BEEN MADE PRIOR TO THE ACQUISITION OF
CONTROL, THE LICENSE FOR EACH PLACE OF BUSINESS MAINTAINED AND OPERATED
BY THE LICENSEE SHALL, AT THE DISCRETION OF THE SUPERINTENDENT, BECOME
NULL AND VOID AND EACH SUCH LICENSE SHALL BE SURRENDERED TO THE SUPER-
INTENDENT.
§ 303. SUSPENSION AND REVOCATION. IN ADDITION TO ANY OTHER POWER
PROVIDED BY LAW, THE SUPERINTENDENT MAY SUSPEND OR REVOKE THE LICENSE OF
A CONSUMER DEBT COLLECTOR, IF AFTER NOTICE AND AN OPPORTUNITY TO BE
HEARD, THE SUPERINTENDENT FINDS THAT A CONSUMER DEBT COLLECTOR HAS:
1. COMMITTED ANY FRAUD, ENGAGED IN ANY DISHONEST ACTIVITIES OR MADE
ANY MISREPRESENTATION;
2. VIOLATED ANY PROVISIONS OF THIS CHAPTER OR ANY REGULATION ISSUED
PURSUANT THERETO, OR HAS VIOLATED ANY OTHER LAW IN THE COURSE OF ITS OR
HIS DEALINGS AS A CONSUMER DEBT COLLECTOR;
3. MADE A FALSE STATEMENT OR MATERIAL OMISSION IN THE APPLICATION FOR
A LICENSE UNDER THIS ARTICLE OR FAILED TO GIVE A TRUE REPLY TO A QUES-
TION IN SUCH APPLICATION; OR
4. DEMONSTRATED INCOMPETENCY OR UNTRUSTWORTHINESS TO ACT AS A CONSUMER
DEBT COLLECTOR.
§ 304. BAD ACTORS. 1. IN ADDITION TO ANY OTHER POWER PROVIDED BY LAW,
THE SUPERINTENDENT MAY REQUIRE ANY LICENSEE TO REMOVE ANY DIRECTOR,
OFFICER OR EMPLOYEE OR TO REFRAIN FROM ENGAGING OR RETAINING ANY INDE-
PENDENT CONTRACTOR OR SERVICE PROVIDER IF SUCH DIRECTOR, OFFICER,
EMPLOYEE, INDEPENDENT CONTRACTOR OR SERVICE PROVIDER HAS THEMSELVES HAD
A LICENSE UNDER THIS CHAPTER SUSPENDED OR REVOKED, OR HAS CAUSED THE
LICENSEE TO VIOLATE ANY PROVISION OF THIS CHAPTER OR REGULATIONS PROMUL-
GATED THEREUNDER.
2. NO PERSON THAT IS THE SUBJECT OF AN ORDER UNDER THIS SECTION REMOV-
ING THEM AS A DIRECTOR, OFFICER OR EMPLOYEE OR PREVENTING A LICENSEE
FROM ENGAGING OR RETAINING THEM AS AN INDEPENDENT CONTRACTOR OR SERVICE
PROVIDER, SHALL BECOME ENGAGED WITH ANY LICENSEE WITHOUT OBTAINING THE
PRIOR WRITTEN APPROVAL OF THE SUPERINTENDENT. NOR SHALL SUCH PERSON FAIL
TO DISCLOSE THAT IT IS THE SUBJECT OF AN ORDER UNDER THIS SECTION TO ANY
S. 7508 138 A. 9508
LICENSEE FOR WHICH IT IS ACTING OR SEEKING TO ACT AS A DIRECTOR, OFFI-
CER, EMPLOYEE, INDEPENDENT CONTRACTOR OR SERVICE PROVIDER.
§ 2. Subdivision 10 of section 36 of the banking law, as amended by
section 2 of part L of chapter 58 of the laws of 2019, is amended to
read as follows:
10. All reports of examinations and investigations, correspondence and
memoranda concerning or arising out of such examination and investi-
gations, including any duly authenticated copy or copies thereof in the
possession of any banking organization, bank holding company or any
subsidiary thereof (as such terms "bank holding company" and "subsid-
iary" are defined in article three-A of this chapter), any corporation
or any other entity affiliated with a banking organization within the
meaning of subdivision six of this section and any non-banking subsid-
iary of a corporation or any other entity which is an affiliate of a
banking organization within the meaning of subdivision six-a of this
section, foreign banking corporation, licensed lender, licensed casher
of checks, licensed mortgage banker, registered mortgage broker,
licensed mortgage loan originator, licensed sales finance company,
registered mortgage loan servicer, licensed student loan servicer,
licensed insurance premium finance agency, licensed transmitter of
money, licensed budget planner, LICENSED CONSUMER DEBT COLLECTOR, any
other person or entity subject to supervision under this chapter, OR THE
FINANCIAL SERVICES LAW OR THE INSURANCE LAW, or the department, shall be
confidential communications, shall not be subject to subpoena and shall
not be made public unless, in the judgment of the superintendent, the
ends of justice and the public advantage will be subserved by the publi-
cation thereof, in which event the superintendent may publish or author-
ize the publication of a copy of any such report or any part thereof in
such manner as may be deemed proper or unless such laws specifically
authorize such disclosure. For the purposes of this subdivision,
"reports of examinations and investigations, and any correspondence and
memoranda concerning or arising out of such examinations and investi-
gations", includes any such materials of a bank, insurance or securities
regulatory agency or any unit of the federal government or that of this
state any other state or that of any foreign government which are
considered confidential by such agency or unit and which are in the
possession of the department or which are otherwise confidential materi-
als that have been shared by the department with any such agency or unit
and are in the possession of such agency or unit.
§ 3. Paragraph (a) of subdivision 1 of section 44 of the banking law,
as amended by section 4 of part L of chapter 58 of the laws of 2019, is
amended to read as follows:
(a) Without limiting any power granted to the superintendent under any
other provision of this chapter, the superintendent may, in a proceeding
after notice and a hearing, require any safe deposit company, licensed
lender, licensed casher of checks, licensed sales finance company,
licensed insurance premium finance agency, licensed transmitter of
money, licensed mortgage banker, licensed student loan servicer, regis-
tered mortgage broker, licensed mortgage loan originator, registered
mortgage loan servicer, LICENSED CONSUMER DEBT COLLECTOR or licensed
budget planner to pay to the people of this state a penalty for any
violation of this chapter, any regulation promulgated thereunder, any
final or temporary order issued pursuant to section thirty-nine of this
article, any condition imposed in writing by the superintendent in
connection with the grant of any application or request, or any written
agreement entered into with the superintendent.
S. 7508 139 A. 9508
§ 4. The opening paragraph of subdivision (a) of section 3218 of the
civil practice law and rules, as amended by chapter 311 of the laws of
1963, is amended to read as follows:
Affidavit of defendant. Except as provided in section thirty-two
hundred one OF THIS ARTICLE AND SUBDIVISION (E) OF THIS SECTION, a judg-
ment by confession may be entered, without an action, either for money
due or to become due, or to secure the plaintiff against a contingent
liability in behalf of the defendant, or both, upon an affidavit
executed by the defendant;
§ 5. Section 3218 of the civil practice law and rules is amended by
adding a new subdivision (e) to read as follows:
(E) PROHIBITION ON CERTAIN JUDGMENTS BY CONFESSION. NO JUDGMENT OF
CONFESSION MAY BE ENTERED ON: 1. ANY AMOUNT DUE FROM ONE OR MORE INDI-
VIDUALS FOR PERSONAL, FAMILY, HOUSEHOLD, CONSUMER, INVESTMENT OR NON-BU-
SINESS PURPOSES;
2. ANY AMOUNT UNDER TWO HUNDRED FIFTY THOUSAND DOLLARS DUE FROM ANY
PERSON FOR ANY PURPOSE; OR
3. ANY AMOUNT DUE FROM ANY PERSON THAT EITHER: (I) IS CURRENTLY NOT A
RESIDENT OF THE STATE, (II) WAS NOT A RESIDENT OF THE STATE AT THE TIME
THE AFFIDAVIT AUTHORIZING THE ENTRY OF THE JUDGMENT OF CONFESSION WAS
EXECUTED, OR (III) IF NOT A NATURAL PERSON, DOES NOT HAVE A PLACE OF
BUSINESS IN THE STATE OR DID NOT HAVE A PLACE OF BUSINESS IN THE STATE
AT THE TIME THE AFFIDAVIT AUTHORIZING THE ENTRY OF THE JUDGMENT OF
CONFESSION WAS EXECUTED.
§ 6. This act shall take effect immediately, provided, however that
sections one, two and three of this act shall take effect on October 1,
2020. 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.
PART MM
Section 1. The financial services law is amended by adding a new arti-
cle 7 to read as follows:
ARTICLE 7
STUDENT DEBT RELIEF CONSULTANTS
SECTION 701. DEFINITIONS.
702. PROHIBITIONS.
703. DISCLOSURE REQUIREMENTS.
704. STUDENT DEBT CONSULTING CONTRACTS.
705. PENALTIES AND OTHER PROVISIONS.
706. RULES AND REGULATIONS.
§ 701. DEFINITIONS. (A) THE TERM "ADVERTISEMENT" SHALL INCLUDE, BUT IS
NOT LIMITED TO, ALL FORMS OF MARKETING, AND SOLICITATION OF INFORMATION
RELATED TO SECURING OR OBTAINING A STUDENT DEBT CONSULTING CONTRACT OR
SERVICES. FURTHER, IT SHALL INCLUDE ANY AND ALL COMMONLY RECOGNIZED
FORMS OF MEDIA MARKETING VIA TELEVISION, RADIO, PRINT MEDIA, ALL FORMS
OF ELECTRONIC COMMUNICATION VIA THE INTERNET, AND ALL PREPARED SALES
PRESENTATIONS GIVEN IN PERSON OR OVER THE INTERNET TO THE GENERAL
PUBLIC.
(B) "BORROWER" MEANS ANY RESIDENT OF THIS STATE WHO HAS RECEIVED A
STUDENT LOAN OR AGREED IN WRITING TO PAY A STUDENT LOAN OR ANY PERSON
WHO SHARES A LEGAL OBLIGATION WITH SUCH RESIDENT FOR REPAYING A STUDENT
LOAN.
S. 7508 140 A. 9508
(C) "FSA ID" MEANS A USERNAME AND PASSWORD ALLOCATED TO AN INDIVIDUAL
BY THE FEDERAL GOVERNMENT TO ENABLE THE INDIVIDUAL TO LOG IN TO CERTAIN
UNITED STATES DEPARTMENT OF EDUCATION WEBSITES, AND MAY BE USED TO SIGN
CERTAIN DOCUMENTS ELECTRONICALLY.
(D) "STUDENT LOAN" MEANS ANY LOAN TO A BORROWER TO FINANCE POST-SECON-
DARY EDUCATION OR EXPENSES RELATED TO POST-SECONDARY EDUCATION.
(E) "STUDENT DEBT CONSULTING CONTRACT" OR "CONTRACT" MEANS AN AGREE-
MENT BETWEEN A BORROWER AND A CONSULTANT UNDER WHICH THE CONSULTANT
AGREES TO PROVIDE STUDENT DEBT CONSULTING SERVICES.
(F) "STUDENT DEBT CONSULTANT" OR "CONSULTANT" MEANS AN INDIVIDUAL OR A
CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY OR OTHER BUSINESS
ENTITY THAT, DIRECTLY OR INDIRECTLY, SOLICITS OR UNDERTAKES STUDENT DEBT
CONSULTING SERVICES. A CONSULTANT DOES NOT INCLUDE THE FOLLOWING:
(I) A PERSON OR ENTITY WHO HOLDS OR IS OWED AN OBLIGATION ON THE
STUDENT LOAN WHILE THE PERSON OR ENTITY PERFORMS SERVICES IN CONNECTION
WITH THE STUDENT LOAN;
(II) A BANK, TRUST COMPANY, PRIVATE BANKER, BANK HOLDING COMPANY,
SAVINGS BANK, SAVINGS AND LOAN ASSOCIATION, THRIFT HOLDING COMPANY,
CREDIT UNION OR INSURANCE COMPANY ORGANIZED UNDER THE LAWS OF THIS
STATE, ANOTHER STATE OR THE UNITED STATES, OR A SUBSIDIARY OR AFFILIATE
OF SUCH ENTITY OR A FOREIGN BANKING CORPORATION LICENSED BY THE SUPER-
INTENDENT OF FINANCIAL SERVICES OR THE COMPTROLLER OF THE CURRENCY;
(III) A BONA FIDE NOT-FOR-PROFIT ORGANIZATION THAT OFFERS COUNSELING
OR ADVICE TO BORROWERS;
(IV) AN ATTORNEY ADMITTED TO PRACTICE IN THE STATE OF NEW YORK WHEN
THE ATTORNEY IS PROVIDING STUDENT DEBT CONSULTING SERVICES TO A BORROWER
FREE OF CHARGE;
(V) AN INSTITUTION OF HIGHER EDUCATION WHEREIN THE BORROWER IS OR WAS
ENROLLED; OR
(VI) SUCH OTHER PERSONS AS THE SUPERINTENDENT PRESCRIBES OR INTERPRETS
BY RULE.
(G) "STUDENT DEBT CONSULTING SERVICES" MEANS SERVICES THAT A STUDENT
DEBT CONSULTANT PROVIDES TO A BORROWER THAT THE CONSULTANT REPRESENTS
WILL HELP TO ACHIEVE ANY OF THE FOLLOWING:
(I) STOP, ENJOIN, DELAY, VOID, SET ASIDE, ANNUL, STAY OR POSTPONE A
DEFAULT, BANKRUPTCY, TAX OFFSET, OR GARNISHMENT PROCEEDING;
(II) OBTAIN A FORBEARANCE, DEFERMENT, OR OTHER RELIEF THAT TEMPORARILY
HALTS REPAYMENT OF A STUDENT LOAN;
(III) ASSIST THE BORROWER WITH PREPARING OR FILING DOCUMENTS RELATED
TO STUDENT LOAN REPAYMENT;
(IV) ADVISE THE BORROWER WHICH STUDENT LOAN REPAYMENT PLAN OR FORGIVE-
NESS PROGRAM TO CONSIDER;
(V) ENROLL THE BORROWER IN ANY STUDENT LOAN REPAYMENT, FORGIVENESS,
DISCHARGE, OR CONSOLIDATION PROGRAM;
(VI) ASSIST THE BORROWER IN RE-ESTABLISHING ELIGIBILITY FOR FEDERAL
STUDENT FINANCIAL ASSISTANCE;
(VII) ASSIST THE BORROWER IN REMOVING A STUDENT LOAN FROM DEFAULT; OR
(VIII) EDUCATE THE BORROWER ABOUT STUDENT LOAN REPAYMENT.
§ 702. PROHIBITIONS. A STUDENT DEBT CONSULTANT IS PROHIBITED FROM
DOING THE FOLLOWING:
(A) PERFORMING STUDENT DEBT CONSULTING SERVICES WITHOUT A WRITTEN,
FULLY EXECUTED CONTRACT WITH A BORROWER;
(B) CHARGING FOR OR ACCEPTING ANY PAYMENT FOR STUDENT DEBT CONSULTING
SERVICES BEFORE THE FULL COMPLETION OF ALL SUCH SERVICES, INCLUDING A
PAYMENT TO BE PLACED IN ESCROW OR ANY OTHER ACCOUNT PENDING THE
COMPLETION OF SUCH SERVICES;
S. 7508 141 A. 9508
(C) TAKING A POWER OF ATTORNEY FROM A BORROWER;
(D) RETAINING ANY ORIGINAL LOAN DOCUMENT OR OTHER ORIGINAL DOCUMENT
RELATED TO A BORROWER'S STUDENT LOAN;
(E) REQUESTING THAT A BORROWER PROVIDE HIS OR HER FSA ID TO THE
CONSULTANT, OR ACCEPTING A BORROWER'S FSA ID;
(F) STATING OR IMPLYING THAT A BORROWER WILL NOT BE ABLE TO OBTAIN
RELIEF ON THEIR OWN;
(G) MISREPRESENTING, EXPRESSLY OR BY IMPLICATION, THAT:
(I) THE CONSULTANT IS A PART OF, AFFILIATED WITH, OR ENDORSED OR SPON-
SORED BY THE GOVERNMENT, GOVERNMENT LOAN PROGRAMS, THE UNITED STATES
DEPARTMENT OF EDUCATION, OR BORROWERS' STUDENT LOAN SERVICERS; OR
(II) SOME OR ALL OF A BORROWER'S PAYMENTS TO THE CONSULTANT WILL BE
APPLIED TOWARDS THE BORROWER'S STUDENT LOANS;
(H) INDUCING OR ATTEMPTING TO INDUCE A STUDENT DEBTOR TO ENTER A
CONTRACT THAT DOES NOT FULLY COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
OR
(I) ENGAGING IN ANY UNFAIR, DECEPTIVE, OR ABUSIVE ACT OR PRACTICE.
§ 703. DISCLOSURE REQUIREMENTS. (A) A STUDENT DEBT CONSULTANT SHALL
CLEARLY AND CONSPICUOUSLY DISCLOSE IN ALL ADVERTISEMENTS:
(I) THE ACTUAL SERVICES THE CONSULTANT PROVIDES TO BORROWERS;
(II) THAT BORROWERS CAN APPLY FOR AND OBTAIN CONSOLIDATION LOANS FROM
THE UNITED STATES DEPARTMENT OF EDUCATION AT NO COST, INCLUDING PROVID-
ING A DIRECT LINK IN ALL WRITTEN ADVERTISING TO THE APPLICATION MATERI-
ALS FOR A DIRECT CONSOLIDATION LOAN FROM THE U.S. DEPARTMENT OF EDUCA-
TION;
(III) THAT CONSOLIDATION OR OTHER SERVICES OFFERED BY THE CONSULTANT
MAY NOT BE THE BEST OR ONLY OPTION FOR BORROWERS;
(IV) THAT A BORROWER MAY OBTAIN ALTERNATIVE FEDERAL STUDENT LOAN
REPAYMENT PLANS, INCLUDING INCOME-BASED PROGRAMS, WITHOUT CONSOLIDATING
EXISTING FEDERAL STUDENT LOANS; AND
(V) THAT BORROWERS SHOULD CONSIDER CONSULTING THEIR STUDENT LOAN
SERVICER BEFORE SIGNING ANY LEGAL DOCUMENT CONCERNING A STUDENT LOAN.
(B) THE DISCLOSURES REQUIRED BY SUBSECTION (A) OF THIS SECTION, IF
DISSEMINATED THROUGH PRINT MEDIA OR THE INTERNET, SHALL BE CLEARLY AND
LEGIBLY PRINTED OR DISPLAYED IN NOT LESS THAN TWELVE-POINT BOLD TYPE,
OR, IF THE ADVERTISEMENT IS PRINTED TO BE DISPLAYED IN PRINT THAT IS
SMALLER THAN TWELVE-POINT, IN BOLD TYPE PRINT THAT IS NO SMALLER THAN
THE PRINT IN WHICH THE TEXT OF THE ADVERTISEMENT IS PRINTED OR
DISPLAYED.
(C) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONSULTANTS WHO
DISSEMINATE ADVERTISEMENTS IN THE STATE OF NEW YORK OR WHO INTEND TO
DIRECTLY OR INDIRECTLY CONTACT A BORROWER WHO HAS A STUDENT LOAN AND IS
A RESIDENT OF NEW YORK STATE. CONSULTANTS SHALL ESTABLISH AND AT ALL
TIMES MAINTAIN CONTROL OVER THE CONTENT, FORM AND METHOD OF DISSEM-
INATION OF ALL ADVERTISEMENTS OF THEIR SERVICES. FURTHER, ALL ADVERTISE-
MENTS SHALL BE SUFFICIENTLY COMPLETE AND CLEAR TO AVOID THE POSSIBILITY
OF DECEPTION OR THE ABILITY TO MISLEAD OR DECEIVE.
§ 704. STUDENT DEBT CONSULTING CONTRACTS. (A) A STUDENT DEBT CONSULT-
ING CONTRACT SHALL:
(1) CONTAIN THE ENTIRE AGREEMENT OF THE PARTIES;
(2) BE PROVIDED IN WRITING TO THE BORROWER FOR REVIEW BEFORE SIGNING;
(3) BE PRINTED IN AT LEAST TWELVE-POINT TYPE AND WRITTEN IN THE SAME
LANGUAGE THAT IS USED BY THE BORROWER AND WAS USED IN DISCUSSIONS
BETWEEN THE CONSULTANT AND THE BORROWER TO DESCRIBE THE BORROWER'S
SERVICES OR TO NEGOTIATE THE CONTRACT;
S. 7508 142 A. 9508
(4) FULLY DISCLOSE THE EXACT NATURE OF THE SERVICES TO BE PROVIDED BY
THE CONSULTANT OR ANYONE WORKING IN ASSOCIATION WITH THE CONSULTANT;
(5) FULLY DISCLOSE THE TOTAL AMOUNT AND TERMS OF COMPENSATION FOR SUCH
SERVICES;
(6) CONTAIN THE NAME, BUSINESS ADDRESS AND TELEPHONE NUMBER OF THE
CONSULTANT AND THE STREET ADDRESS (IF DIFFERENT) AND FACSIMILE NUMBER OR
EMAIL ADDRESS OF THE CONSULTANT WHERE COMMUNICATIONS FROM THE DEBTOR MAY
BE DELIVERED;
(7) BE DATED AND PERSONALLY SIGNED BY THE BORROWER AND THE CONSULTANT
AND BE WITNESSED AND ACKNOWLEDGED BY A NEW YORK NOTARY PUBLIC; AND
(8) CONTAIN THE FOLLOWING NOTICE, WHICH SHALL BE PRINTED IN AT LEAST
FOURTEEN-POINT BOLDFACE TYPE, COMPLETED WITH THE NAME OF THE PROVIDER,
AND LOCATED IN IMMEDIATE PROXIMITY TO THE SPACE RESERVED FOR THE
DEBTOR'S SIGNATURE:
"NOTICE REQUIRED BY NEW YORK LAW
YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT
ANY TIME BEFORE MIDNIGHT OF ________ (FIFTH BUSINESS DAY AFTER
EXECUTION).
___________ (NAME OF CONSULTANT) (THE "CONSULTANT") OR ANYONE WORKING
FOR THE CONSULTANT MAY NOT TAKE ANY MONEY FROM YOU OR ASK YOU FOR MONEY
UNTIL THE CONSULTANT HAS COMPLETELY FINISHED DOING EVERYTHING THIS
CONTRACT SAYS THE CONSULTANT WILL DO.
YOU SHOULD CONSIDER CONTACTING YOUR STUDENT LOAN SERVICER BEFORE SIGN-
ING ANY LEGAL DOCUMENT CONCERNING YOUR STUDENT LOAN. IN ADDITION, YOU
MAY WANT TO VISIT THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES'
STUDENT LENDING RESOURCE CENTER AT WWW.DFS.NY.GOV/STUDENTPROTECTION. THE
LAW REQUIRES THAT THIS CONTRACT CONTAIN THE ENTIRE AGREEMENT BETWEEN YOU
AND THE PROVIDER. YOU SHOULD NOT RELY UPON ANY OTHER WRITTEN OR ORAL
AGREEMENT OR PROMISE."
THE PROVIDER SHALL ACCURATELY ENTER THE DATE ON WHICH THE RIGHT TO
CANCEL ENDS.
(B) (1) THE BORROWER HAS THE RIGHT TO CANCEL, WITHOUT ANY PENALTY OR
OBLIGATION, ANY CONTRACT WITH A CONSULTANT UNTIL MIDNIGHT OF THE FIFTH
BUSINESS DAY FOLLOWING THE DAY ON WHICH THE CONSULTANT AND THE BORROWER
SIGN A CONSULTING CONTRACT. CANCELLATION OCCURS WHEN THE BORROWER, OR A
REPRESENTATIVE OF THE BORROWER, EITHER DELIVERS WRITTEN NOTICE OF
CANCELLATION IN PERSON TO THE ADDRESS SPECIFIED IN THE CONSULTING
CONTRACT OR SENDS A WRITTEN COMMUNICATION BY FACSIMILE, BY UNITED STATES
MAIL OR BY AN ESTABLISHED COMMERCIAL LETTER DELIVERY SERVICE. A DATED
PROOF OF FACSIMILE DELIVERY OR PROOF OF MAILING CREATES A PRESUMPTION
THAT THE NOTICE OF CANCELLATION HAS BEEN DELIVERED ON THE DATE THE
FACSIMILE IS SENT OR THE NOTICE IS DEPOSITED IN THE MAIL OR WITH THE
DELIVERY SERVICE. CANCELLATION OF THE CONTRACT SHALL RELEASE THE
BORROWER FROM ALL OBLIGATIONS TO PAY FEES OR ANY OTHER COMPENSATION TO
THE CONSULTANT
(2) THE CONTRACT SHALL BE ACCOMPANIED BY TWO COPIES OF A FORM,
CAPTIONED "NOTICE OF CANCELLATION" IN AT LEAST TWELVE-POINT BOLD TYPE.
THIS FORM SHALL BE ATTACHED TO THE CONTRACT, SHALL BE EASILY DETACHABLE,
AND SHALL CONTAIN THE FOLLOWING STATEMENT WRITTEN IN THE SAME LANGUAGE
AS USED IN THE CONTRACT, AND THE CONTRACTOR SHALL INSERT ACCURATE INFOR-
MATION AS TO THE DATE ON WHICH THE RIGHT TO CANCEL ENDS AND THE CONTRAC-
TOR'S CONTACT INFORMATION:
"NOTICE OF CANCELLATION
NOTE: YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION,
AT ANY TIME BEFORE MIDNIGHT OF ________ (ENTER DATE)
S. 7508 143 A. 9508
TO CANCEL THIS CONTRACT, SIGN AND DATE BOTH COPIES OF THIS CANCELLA-
TION NOTICE AND PERSONALLY DELIVER ONE COPY OR SEND IT BY FACSIMILE,
UNITED STATES MAIL, OR AN ESTABLISHED COMMERCIAL LETTER DELIVERY
SERVICE, INDICATING CANCELLATION TO THE CONSULTANT AT ONE OF THE FOLLOW-
ING:
NAME OF CONSULTANT _________________________
STREET ADDRESS _____________________________
CITY, STATE, ZIP ___________________________
FACSIMILE: _________________________________
I HEREBY CANCEL THIS TRANSACTION.
NAME OF BORROWER: __________________________
SIGNATURE OF BORROWER: _____________________
DATE: ______________________________________"
(3) WITHIN TEN DAYS FOLLOWING RECEIPT OF A NOTICE OF CANCELLATION
GIVEN IN ACCORDANCE WITH THIS SUBDIVISION, THE CONSULTANT SHALL RETURN
ANY ORIGINAL CONTRACT AND ANY OTHER DOCUMENTS SIGNED BY OR PROVIDED BY
THE BORROWER. CANCELLATION SHALL RELEASE THE BORROWER OF ALL OBLI-
GATIONS TO PAY ANY FEES OR COMPENSATION TO THE CONSULTANT.
§ 705. PENALTIES AND OTHER PROVISIONS. (A) IF THE SUPERINTENDENT
FINDS, AFTER NOTICE AND HEARING, THAT A CONSULTANT HAS VIOLATED ANY
PROVISION OF THIS ARTICLE, THE SUPERINTENDENT MAY: (1) MAKE NULL AND
VOID ANY AGREEMENT BETWEEN THE BORROWER AND THE CONSULTANT; AND (2)
IMPOSE A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH
VIOLATION.
(B) IF THE CONSULTANT VIOLATES ANY PROVISION OF THIS ARTICLE AND THE
BORROWER SUFFERS DAMAGE BECAUSE OF THE VIOLATION, THE BORROWER MAY
RECOVER ACTUAL AND CONSEQUENTIAL DAMAGES AND COSTS FROM THE CONSULTANT
IN AN ACTION BASED ON THIS ARTICLE. IF THE CONSULTANT INTENTIONALLY OR
RECKLESSLY VIOLATES ANY PROVISION OF THIS ARTICLE, THE COURT MAY AWARD
THE BORROWER TREBLE DAMAGES, ATTORNEYS' FEES AND COSTS.
(C) ANY PROVISION OF A STUDENT DEBT CONSULTING CONTRACT THAT ATTEMPTS
OR PURPORTS TO LIMIT THE LIABILITY OF THE CONSULTANT UNDER THIS ARTICLE
SHALL BE NULL AND VOID. INCLUSION OF SUCH PROVISION SHALL AT THE OPTION
OF THE BORROWER RENDER THE CONTRACT VOID. ANY PROVISION IN A CONTRACT
WHICH ATTEMPTS OR PURPORTS TO REQUIRE ARBITRATION OF ANY DISPUTE ARISING
UNDER THIS ARTICLE SHALL BE VOID AT THE OPTION OF THE BORROWER. ANY
WAIVER OF THE PROVISIONS OF THIS ARTICLE SHALL BE VOID AND UNENFORCEABLE
AS CONTRARY TO PUBLIC POLICY.
(D) THE PROVISIONS OF THIS ARTICLE ARE NOT EXCLUSIVE AND ARE IN ADDI-
TION TO ANY OTHER REQUIREMENTS, RIGHTS, REMEDIES, AND PENALTIES PROVIDED
BY LAW.
§ 706. RULES AND REGULATIONS. IN ADDITION TO SUCH POWERS AS MAY OTHER-
WISE BE PRESCRIBED BY THIS CHAPTER, THE SUPERINTENDENT IS HEREBY AUTHOR-
IZED AND EMPOWERED TO PROMULGATE SUCH RULES AND REGULATIONS AS MAY IN
THE JUDGMENT OF THE SUPERINTENDENT BE CONSISTENT WITH THE PURPOSES OF
THIS ARTICLE, OR APPROPRIATE FOR THE EFFECTIVE ADMINISTRATION OF THIS
ARTICLE.
§ 2. Section 712 of the banking law is amended by adding a new subdi-
vision 3 to read as follows:
3. THE DEPARTMENT MAY ALSO REQUIRE THE SUBMISSION OF THE FINGERPRINTS
OF THE APPLICANT, WHICH MAY BE SUBMITTED TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION FOR STATE AND
NATIONAL CRIMINAL HISTORY RECORD CHECKS.
§ 3. This act shall take effect immediately, provided, however, that
section one of this act shall take effect October 1, 2020.
S. 7508 144 A. 9508
PART NN
Section 1. Paragraph 2 of subsection (a) of section 104 of the finan-
cial services law is amended to read as follows:
(2) "Financial product or service" shall mean: (A) any financial prod-
uct or financial service offered or provided by any person regulated or
required to be regulated by the superintendent pursuant to the banking
law or the insurance law or any OTHER financial product or service
offered or sold to consumers [except financial products or services: (i)
regulated under the exclusive jurisdiction of a federal agency or
authority, (ii) regulated for the purpose of consumer or investor
protection by any other state agency, state department or state public
authority, or (iii) where rules or regulations promulgated by the super-
intendent on such financial product or service would be preempted by
federal law] OR SMALL BUSINESSES; [and]
(B) THE SALE OR PROVISION TO A CONSUMER OR SMALL BUSINESS OF ANY SECU-
RITY, INVESTMENT ADVICE, OR MONEY MANAGEMENT DEVICE;
(C) ANY WARRANTY SOLD OR PROVIDED TO A CONSUMER OR SMALL BUSINESS OR
ANY GUARANTEE OR SURETYSHIP PROVIDED TO A CONSUMER;
(D) ANY MERCHANT CASH ADVANCE PROVIDED TO A CONSUMER OR SMALL BUSI-
NESS; OR
(E) ANY CONTRACT INVOLVING ANY PROVISION OF SUBPARAGRAPHS (A) THROUGH
(D) OF THIS PARAGRAPH.
"Financial product or service" shall [also] not include [the follow-
ing, when offered or provided by a provider of consumer goods or
services: (i) the extension of credit directly to a consumer exclusive-
ly for the purpose of enabling that consumer to purchase such consumer
good or service directly from the seller, (ii) the collection of debt
arising from such credit, or (iii) the sale or conveyance of such debt
that is delinquent or otherwise in default] FINANCIAL PRODUCTS OR
SERVICES WHERE THE RULES OR REGULATIONS PROMULGATED BY THE SUPERINTEN-
DENT ON SUCH FINANCIAL PRODUCTS OR SERVICES WOULD BE PREEMPTED BY FEDER-
AL LAW.
§ 2. Subsection (a) of section 104 of the financial services law is
amended by adding a new paragraph 6 to read as follows:
(6) "SMALL BUSINESS" SHALL MEAN A BUSINESS WHICH IS INDEPENDENTLY
OWNED AND OPERATED, HAS LESS THAN TEN MILLION DOLLARS IN ANNUAL GROSS
RECEIPTS OR SALES, AND EMPLOYS ONE HUNDRED OR LESS PERSONS.
§ 3. Subsection (a) of section 206 of the financial services law is
amended and a new subsection (g) is added to read as follows:
(a) For each fiscal year commencing on or after April first, two thou-
sand twelve, assessments to defray operating expenses, including all
direct and indirect costs, of the department, except expenses incurred
in the liquidation of banking organizations, shall be assessed by the
superintendent in accordance with this subsection. Persons regulated
under the insurance law shall be assessed by the superintendent for the
operating expenses of the department that are solely attributable to
regulating persons under the insurance law, which shall include any
expenses that were permissible to be assessed in fiscal year two thou-
sand nine-two thousand ten, with the assessments allocated pro rata upon
all domestic insurers and all licensed United States branches of alien
insurers domiciled in this state within the meaning of paragraph four of
subsection (b) of section seven thousand four hundred eight of the
insurance law, in proportion to the gross direct premiums and other
considerations, written or received by them in this state during the
calendar year ending December thirty-first immediately preceding the end
S. 7508 145 A. 9508
of the fiscal year for which the assessment is made (less return premi-
ums and considerations thereon) for policies or contracts of insurance
covering property or risks resident or located in this state the issu-
ance of which policies or contracts requires a license from the super-
intendent. Persons regulated under the banking law shall be assessed by
the superintendent for the operating expenses of the department that are
solely attributable to regulating persons under the banking law in such
proportions as the superintendent shall deem just and reasonable.
PERSONS REGULATED UNDER THIS CHAPTER SHALL BE ASSESSED BY THE SUPER-
INTENDENT FOR THE OPERATING EXPENSES OF THE DEPARTMENT THAT ARE SOLELY
ATTRIBUTABLE TO REGULATED PERSONS UNDER THIS CHAPTER IN SUCH PROPORTIONS
AS THE SUPERINTENDENT SHALL DEEM JUST AND REASONABLE. Operating expenses
of the department not covered by the assessments set forth above shall
be assessed by the superintendent in such proportions as the superinten-
dent shall deem just and reasonable upon all domestic insurers and all
licensed United States branches of alien insurers domiciled in this
state within the meaning of paragraph four of subsection (b) of section
seven thousand four hundred eight of the insurance law, and upon any
regulated person under THIS CHAPTER AND the banking law, other than
mortgage loan originators, except as otherwise provided by sections one
hundred fifty-one and two hundred twenty-eight of the workers' compen-
sation law and by section sixty of the volunteer firefighters' benefit
law. The provisions of this subsection shall not be applicable to a bank
holding company, as that term is defined in article three-A of the bank-
ing law. Persons regulated under the banking law will not be assessed
for expenses that the superintendent deems to benefit solely persons
regulated under the insurance law, and persons regulated under the
insurance law will not be assessed for expenses that the superintendent
deems to benefit solely persons regulated under the banking law.
(G) THE EXPENSES OF EVERY EXAMINATION OF THE AFFAIRS OF ANY REGULATED
PERSON SUBJECT TO THIS CHAPTER, SHALL BE BORNE AND PAID BY SUCH REGU-
LATED PERSON SO EXAMINED, BUT THE SUPERINTENDENT, WITH THE APPROVAL OF
THE COMPTROLLER, MAY, IN THE SUPERINTENDENT'S DISCRETION FOR GOOD CAUSE
SHOWN, REMIT SUCH CHARGES.
§ 4. The financial services law is amended by adding a new section 312
to read as follows:
§ 312. RESTITUTION. IN ANY ADMINISTRATIVE PROCEEDING OR JUDICIAL
ACTION BROUGHT UNDER THIS CHAPTER, THE BANKING LAW, OR THE INSURANCE
LAW, THE SUPERINTENDENT MAY, IN ADDITION TO ANY OTHER PENALTY OR SANC-
TION IMPOSED BY LAW, ORDER THE INDIVIDUAL OR ENTITY SUBJECT TO SUCH
PROCEEDING OR ACTION TO MAKE RESTITUTION TO ALL CONSUMERS HARMED BY SUCH
INDIVIDUAL OR ENTITY'S CONDUCT.
§ 5. The financial services law is amended by adding a new section 313
to read as follows:
§ 313. UNLICENSED ACTORS. ANY PERSON OR ENTITY THAT IS REQUIRED BY
THIS CHAPTER, THE BANKING LAW, OR THE INSURANCE LAW TO BE LICENSED,
CERTIFIED, REGISTERED, AUTHORIZED, CHARTERED, ACCREDITED, OR INCORPO-
RATED AND THAT IS NOT SPECIFICALLY EXEMPTED FROM SUCH APPLICABLE LAW
SHALL BE SUBJECT TO THE LAWS OF THIS CHAPTER, THE BANKING LAW, AND THE
INSURANCE LAW, AND THE PENALTIES CONTAINED THEREIN AS IF SUCH PERSON OR
ENTITY WAS SO LICENSED, CERTIFIED, REGISTERED, AUTHORIZED, CHARTERED,
ACCREDITED, OR INCORPORATED, EVEN IF SUCH PERSON OR ENTITY DOES NOT
POSSESS THE REQUIRED LICENSE, CERTIFICATION, REGISTRATION, AUTHORI-
ZATION, CHARTER, ACCREDITATION, OR INCORPORATION.
§ 6. Subsection (a) of section 408 of the financial services law is
amended to read as follows:
S. 7508 146 A. 9508
(a) In addition to any civil or criminal liability provided by law,
the superintendent may, after notice and hearing, levy a civil penalty:
(1) not to exceed THE GREATER OF five thousand dollars [per] FOR EACH
offense[,]; A MULTIPLE OF TWO TIMES THE AGGREGATE DAMAGES ATTRIBUTABLE
TO THE OFFENSE; OR A MULTIPLE OF TWO TIMES THE AGGREGATE ECONOMIC GAIN
ATTRIBUTABLE TO THE OFFENSE for:
(A) any [intentional] fraud, [or intentional] misrepresentation [of a
material fact], OR UNFAIR, DECEPTIVE, OR ABUSIVE ACT OR PRACTICE with
respect to a financial product or service or involving any person offer-
ing to provide or providing financial products or services OR INVOLVING
ANY SERVICE PROVIDER UTILIZED BY ANY PERSON OFFERING TO PROVIDE OR
PROVIDING FINANCIAL PRODUCTS OR SERVICES; or
(B) any violation of state or federal fair debt collection practices
or federal or state fair lending laws; [and] OR
[(2) not to exceed one thousand dollars for] (C) any other violation
of this chapter or the regulations issued thereunder, provided that
there shall be no civil penalty under this section for violations of
article five of this chapter or the regulations issued thereunder; and
[(3)] (2) provided, however, that:
(A) penalties for regulated persons under the banking law shall be as
provided for in the banking law and penalties for regulated persons
under the insurance law shall be as provided for in the insurance law;
and
(B) the superintendent shall not impose or collect any penalty under
this section in addition to any penalty or fine for the same act or
omission that is imposed under the insurance law or banking law; and
(C) nothing in this section shall affect the construction or interpre-
tation of the term "fraud" as it is used in any other provision of the
consolidated or unconsolidated law.
§ 7. Paragraph 1 of subsection (c) of section 109 of the insurance
law, as amended by section 55 of part A of chapter 62 of the laws of
2011, is amended to read as follows:
(1) If the superintendent finds after notice and hearing that any
authorized insurer, representative of the insurer, licensed insurance
agent, licensed insurance broker, licensed adjuster, or any other person
or entity licensed, certified, registered, or authorized pursuant to
this chapter, has wilfully violated the provisions of this chapter or
any regulation promulgated thereunder, then the superintendent may order
the person or entity to pay to the people of this state a penalty in a
sum not exceeding [one] TEN thousand dollars for each offense.
§ 8. This act shall take effect immediately.
PART OO
Section 1. The banking law is amended by adding a new section 4-d to
read as follows:
§ 4-D. PROTECTING VULNERABLE ADULTS FROM FINANCIAL EXPLOITATION. 1.
DEFINITIONS. AS USED IN THIS SECTION:
(A) "BANKING INSTITUTION" MEANS ANY BANK, TRUST COMPANY, SAVINGS BANK,
SAVINGS AND LOAN ASSOCIATION, CREDIT UNION, OR BRANCH OF A FOREIGN BANK-
ING CORPORATION, WHICH IS CHARTERED, ORGANIZED OR LICENSED UNDER THE
LAWS OF THIS STATE OR ANY OTHER STATE OR THE UNITED STATES, AND, IN THE
ORDINARY COURSE OF BUSINESS TAKES DEPOSIT ACCOUNTS IN THIS STATE.
(B) "VULNERABLE ADULT" MEANS AN INDIVIDUAL WHO, BECAUSE OF MENTAL
AND/OR PHYSICAL IMPAIRMENT IS POTENTIALLY UNABLE TO MANAGE HIS OR HER
OWN RESOURCES OR PROTECT HIMSELF OR HERSELF FROM FINANCIAL EXPLOITATION.
S. 7508 147 A. 9508
(C) "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER TAKING, WITHHOLD-
ING, APPROPRIATION, OR USE OF A VULNERABLE ADULT'S MONEY, ASSETS, OR
PROPERTY; OR (II) ANY ACT OR OMISSION BY A PERSON, INCLUDING THROUGH THE
USE OF A POWER OF ATTORNEY, GUARDIANSHIP, OR ANY OTHER AUTHORITY REGARD-
ING A VULNERABLE ADULT TO: (A) OBTAIN CONTROL, THROUGH DECEPTION, INTIM-
IDATION OR UNDUE INFLUENCE, OVER THE VULNERABLE ADULT'S MONEY, ASSETS,
OR PROPERTY OR (B) CONVERT THE VULNERABLE ADULT'S MONEY, ASSETS, OR
PROPERTY.
(D) "TRANSACTION HOLD" MEANS A DELAY IN THE COMPLETION OF ONE OR MORE
FINANCIAL TRANSACTIONS PENDING AN INVESTIGATION BY A BANKING INSTITU-
TION, ADULT PROTECTIVE SERVICES, OR A LAW ENFORCEMENT AGENCY.
(E) "ADULT PROTECTIVE SERVICES" MEANS THE DIVISION OF THE NEW YORK
CITY HUMAN RESOURCES ADMINISTRATION AND EACH COUNTY'S DEPARTMENT OF
HUMAN SERVICES OR DEPARTMENT OF SOCIAL SERVICES RESPONSIBLE FOR PROVID-
ING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED SEVENTY-
THREE OF THE SOCIAL SERVICES LAW.
(F) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY, INCLUDING THE FINANCIAL
FRAUDS AND CONSUMER PROTECTION UNIT OF THE DEPARTMENT OF FINANCIAL
SERVICES, WHICH IS EMPOWERED BY LAW TO CONDUCT AN INVESTIGATION OR TO
MAKE AN ARREST FOR A FELONY, AND ANY AGENCY WHICH IS AUTHORIZED BY LAW
TO PROSECUTE OR PARTICIPATE IN THE PROSECUTION OF A FELONY.
2. APPLICATION OF TRANSACTION HOLD. (A) IF A BANKING INSTITUTION
REASONABLY BELIEVES: (I) THAT FINANCIAL EXPLOITATION OF A VULNERABLE
ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED;
AND (II) THAT THE PLACEMENT OF A TRANSACTION HOLD MAY BE NECESSARY TO
PROTECT A VULNERABLE ADULT'S MONEY, ASSETS, OR PROPERTY FROM FINANCIAL
EXPLOITATION, THEN THE BANKING INSTITUTION MAY, AT ITS DISCRETION, APPLY
A TRANSACTION HOLD ON THE ACCOUNT OF A VULNERABLE ADULT, THE ACCOUNT ON
WHICH A VULNERABLE ADULT IS A BENEFICIARY, INCLUDING A TRUST OR GUARDI-
ANSHIP ACCOUNT, OR THE ACCOUNT OF A PERSON WHO IS REASONABLY BELIEVED BY
THE BANKING INSTITUTION TO BE ENGAGING IN THE FINANCIAL EXPLOITATION OF
A VULNERABLE ADULT.
(B) A BANKING INSTITUTION MAY ALSO APPLY A TRANSACTION HOLD ON THE
ACCOUNT OF A VULNERABLE ADULT, THE ACCOUNT ON WHICH A VULNERABLE ADULT
IS A BENEFICIARY, INCLUDING A TRUST OR GUARDIANSHIP ACCOUNT, OR THE
ACCOUNT OF A PERSON WHO IS REASONABLY BELIEVED BY THE BANKING INSTITU-
TION TO BE ENGAGING IN THE FINANCIAL EXPLOITATION OF A VULNERABLE ADULT,
IF: (I) ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY PROVIDES
INFORMATION TO THE BANKING INSTITUTION ESTABLISHING A REASONABLE BASIS
TO BELIEVE THAT FINANCIAL EXPLOITATION OF A VULNERABLE ADULT MAY HAVE
OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND (II) THE
PLACEMENT OF A TRANSACTION HOLD MAY BE NECESSARY TO PROTECT A VULNERABLE
ADULT'S MONEY, ASSETS, OR PROPERTY FROM FINANCIAL EXPLOITATION.
(C) A BANKING INSTITUTION THAT APPLIES A TRANSACTION HOLD SHALL:
(I) MAKE A REASONABLE EFFORT TO PROVIDE NOTICE, ORALLY OR IN WRITING,
TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON THE ACCOUNT ON WHICH A
TRANSACTION HOLD WAS PLACED WITHIN TWO BUSINESS DAYS OF WHEN THE TRANS-
ACTION HOLD WAS PLACED;
(II) IMMEDIATELY, BUT NO LATER THAN ONE BUSINESS DAY AFTER THE TRANS-
ACTION HOLD IS PLACED, REPORT THE TRANSACTION HOLD, INCLUDING THE BASIS
FOR THE BANKING INSTITUTION'S BELIEF THAT THE FINANCIAL EXPLOITATION OF
A VULNERABLE ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS
BEING ATTEMPTED, TO ADULT PROTECTIVE SERVICES AND TO A LAW ENFORCEMENT
AGENCY;
(III) AT THE REQUEST OF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT
AGENCY, PROVIDE ALL INFORMATION AND DOCUMENTS THAT RELATE TO THE TRANS-
S. 7508 148 A. 9508
ACTION HOLD WITHIN THREE BUSINESS DAYS OF THE REQUEST FOR THE INFORMA-
TION OR DOCUMENTS; AND
(IV) NOTWITHSTANDING THE TRANSACTION HOLD, MAKE FUNDS AVAILABLE FROM
THE ACCOUNT ON WHICH A TRANSACTION HOLD IS PLACED TO ALLOW THE VULNER-
ABLE ADULT OR OTHER ACCOUNT HOLDER TO MEET HIS OR HER ONGOING OBLI-
GATIONS SUCH AS HOUSING AND OTHER LIVING EXPENSES OR EMERGENCY EXPENSES
AS DETERMINED BY ADULT PROTECTIVE SERVICES, A LAW ENFORCEMENT AGENCY OR
A NOT-FOR-PROFIT ORGANIZATION THAT REGULARLY PROVIDES SERVICES TO
VULNERABLE ADULTS IN THE COMMUNITY IN WHICH THE VULNERABLE ADULT
RESIDES.
(D) DURING THE PENDENCY OF A TRANSACTION HOLD, A BANKING INSTITUTION
MAY, IN ITS DISCRETION, ALSO MAKE FUNDS AVAILABLE FROM THE ACCOUNT ON
WHICH A TRANSACTION HOLD IS PLACED TO ALLOW THE VULNERABLE ADULT OR
OTHER ACCOUNT HOLDER TO MEET HIS OR HER ONGOING OBLIGATIONS SUCH AS
HOUSING AND OTHER LIVING EXPENSES OR EMERGENCY EXPENSES, PROVIDED THE
BANKING INSTITUTION DOES NOT HAVE A REASONABLE BASIS TO BELIEVE THAT THE
DISPERSAL OF SUCH FUNDS TO THE VULNERABLE ADULT OR OTHER ACCOUNT HOLDER
WILL RESULT IN THE FINANCIAL EXPLOITATION OF THE VULNERABLE ADULT. ANY
SUCH DISPERSAL OF FUNDS PURSUANT TO THIS SUBDIVISION SHALL BE REPORTED
WITHIN ONE BUSINESS DAY AFTER THE DISPERSAL IS MADE TO ADULT PROTECTIVE
SERVICES AND TO A LAW ENFORCEMENT AGENCY.
(E) THE SUPERINTENDENT MAY ADOPT REGULATIONS IDENTIFYING THE FACTORS
THAT A BANKING INSTITUTION SHOULD CONSIDER IN DETERMINING WHETHER: (I)
THE FINANCIAL EXPLOITATION OF A VULNERABLE ADULT MAY HAVE OCCURRED, MAY
HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND (II) THE PLACEMENT OF A
TRANSACTION HOLD IS NECESSARY TO PROTECT A VULNERABLE ADULT'S MONEY,
ASSETS, OR PROPERTY.
3. DURATION OF TRANSACTION HOLD. (A) SUBJECT TO PARAGRAPHS (B), (C)
AND (D) OF THIS SUBDIVISION, A TRANSACTION HOLD THAT A BANKING INSTITU-
TION PLACES ON AN ACCOUNT PURSUANT TO THIS SECTION SHALL TERMINATE FIVE
BUSINESS DAYS AFTER THE DATE ON WHICH THE TRANSACTION HOLD IS APPLIED BY
THE BANKING INSTITUTION. A BANKING INSTITUTION MAY TERMINATE THE TRANS-
ACTION HOLD AT ANY TIME DURING THIS FIVE DAY PERIOD IF THE BANKING
INSTITUTION IS SATISFIED THAT THE TERMINATION OF THE TRANSACTION HOLD IS
NOT LIKELY TO RESULT IN FINANCIAL EXPLOITATION OF A VULNERABLE ADULT.
(B) A TRANSACTION HOLD MAY BE EXTENDED BEYOND THE PERIOD SET FORTH IN
PARAGRAPH (A) OF THIS SUBDIVISION FOR UP TO AN ADDITIONAL FIFTEEN DAYS
AT THE REQUEST OF EITHER ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT
AGENCY.
(C) A TRANSACTION HOLD MAY BE EXTENDED BEYOND THE PERIODS SET FORTH IN
PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION ONLY PURSUANT TO AN ORDER
ISSUED BY A COURT OF COMPETENT JURISDICTION.
(D) A TRANSACTION HOLD MAY BE TERMINATED AT ANY TIME PURSUANT TO AN
ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION.
4. IMMUNITY. A BANKING INSTITUTION OR AN EMPLOYEE OF A BANKING INSTI-
TUTION SHALL BE IMMUNE FROM CRIMINAL, CIVIL, AND ADMINISTRATIVE LIABIL-
ITY FOR ALL GOOD FAITH ACTIONS IN RELATION TO THE APPLICATION OF THIS
SECTION INCLUDING ANY GOOD FAITH DETERMINATION TO APPLY OR NOT APPLY A
TRANSACTION HOLD ON AN ACCOUNT WHERE THERE IS REASONABLE BASIS TO
CONCLUDE:
(A) THAT FINANCIAL EXPLOITATION OF A VULNERABLE ADULT MAY HAVE
OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND
(B) THAT THE PLACEMENT OF A TRANSACTION HOLD MAY BE NECESSARY TO
PROTECT A VULNERABLE ADULT'S MONEY, ASSETS, OR PROPERTY FROM FINANCIAL
EXPLOITATION, SUCH IMMUNITY SHALL NOT APPLY TO A DETERMINATION NOT TO
APPLY A TRANSACTION HOLD WHEN THE BANKING INSTITUTION OR EMPLOYEE ACTS
S. 7508 149 A. 9508
RECKLESSLY OR ENGAGES IN INTENTIONAL MISCONDUCT IN MAKING THE DETERMI-
NATION, OR THE DETERMINATION RESULTS FROM A CONFLICT OF INTEREST.
5. CERTIFICATION PROGRAM. THE DEPARTMENT MAY DEVELOP A FINANCIAL
EXPLOITATION CERTIFICATION PROGRAM FOR BANKING INSTITUTIONS. UPON
COMPLETION OF THE TRAINING COMPONENTS REQUIRED BY THE PROGRAM AND AFTER
ESTABLISHING THE NECESSARY INTERNAL POLICIES, PROCEDURES, AND IN-HOUSE
TRAINING PROGRAMS, A BANKING INSTITUTION SHALL RECEIVE FROM THE DEPART-
MENT AN ADULT FINANCIAL EXPLOITATION PREVENTION CERTIFICATE DEMONSTRAT-
ING THAT STAFF AT SUCH BANKING INSTITUTION HAVE BEEN TRAINED ON HOW TO
IDENTIFY, HELP PREVENT, AND REPORT THE FINANCIAL EXPLOITATION OF A
VULNERABLE ADULT. AT THE DISCRETION OF THE SUPERINTENDENT, THE CERTIF-
ICATION PROGRAM MAY BE MANDATORY FOR BANKING INSTITUTIONS LICENSED BY
THE DEPARTMENT.
6. REGULATIONS. THE SUPERINTENDENT MAY ISSUE SUCH RULES AND REGU-
LATIONS THAT PROVIDE THE PROCEDURES FOR THE ENFORCEMENT OF THE TERMS OF
THIS SECTION AND ANY OTHER RULES AND REGULATIONS THAT HE OR SHE DEEMS
NECESSARY TO IMPLEMENT THE TERMS OF THIS SECTION.
§ 2. This act shall take effect October 1, 2020; provided, however,
that the superintendent of financial services may promulgate any rules
or regulations related to this act immediately.
PART PP
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 30 to read as follows:
TITLE 30
EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL
PACKAGING BAN
SECTION 27-3001. DEFINITIONS.
27-3003. EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE
LOOSE FILL PACKAGING BAN.
27-3005. EXEMPTIONS.
27-3007. PREEMPTION.
27-3009. SEVERABILITY.
§ 27-3001. DEFINITIONS.
FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "COVERED FOOD SERVICE PROVIDER" MEANS A PERSON ENGAGED IN THE
PRIMARY OR SECONDARY BUSINESS OF SELLING OR DISTRIBUTING PREPARED FOOD
OR BEVERAGES FOR ON-PREMISE OR OFF-PREMISE CONSUMPTION INCLUDING BUT NOT
LIMITED TO: (A) FOOD SERVICE ESTABLISHMENTS, CATERERS, TEMPORARY FOOD
SERVICE ESTABLISHMENTS, MOBILE FOOD SERVICE ESTABLISHMENTS, AND PUSH-
CARTS AS DEFINED IN THE NEW YORK STATE SANITARY CODE; (B) RETAIL FOOD
STORES AS DEFINED IN ARTICLE 28 OF THE AGRICULTURE AND MARKETS LAW; (C)
DELICATESSENS; (D) GROCERY STORES; (E) RESTAURANTS; (F) CAFETERIAS; (G)
COFFEE SHOPS; (H) HOSPITALS, ADULT CARE FACILITIES, AND NURSING HOMES;
AND (I) ELEMENTARY AND SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES.
2. "DISPOSABLE FOOD SERVICE CONTAINER" MEANS A BOWL, CARTON, CLAM-
SHELL, CUP, LID, PLATE, TRAY, OR ANY OTHER PRODUCT THAT IS DESIGNED OR
USED FOR THE TEMPORARY STORAGE OR TRANSPORT OF A PREPARED FOOD OR BEVER-
AGE INCLUDING A CONTAINER GENERALLY RECOGNIZED BY THE PUBLIC AS BEING
DESIGNED FOR SINGLE USE.
3. "EXPANDED POLYSTYRENE FOAM" MEANS EXPANDED FOAM THERMOPLASTICS
UTILIZING A STYRENE MONOMER AND PROCESSED BY ANY NUMBER OF TECHNIQUES.
SUCH TERM SHALL NOT INCLUDE RIGID POLYSTYRENE.
S. 7508 150 A. 9508
4. "MANUFACTURER" MEANS EVERY PERSON, FIRM OR CORPORATION THAT PRODUC-
ES OR IMPORTS POLYSTYRENE LOOSE FILL PACKAGING THAT IS SOLD, OFFERED FOR
SALE, OR DISTRIBUTED IN THE STATE.
5. "POLYSTYRENE LOOSE FILL PACKAGING" MEANS A VOID-FILLING PACKAGING
PRODUCT MADE OF EXPANDED POLYSTYRENE THAT IS USED AS A PACKAGING FILL,
COMMONLY REFERRED TO AS PACKING PEANUTS.
6. "PREPARED FOOD" MEANS FOOD OR BEVERAGES THAT ARE COOKED, CHOPPED,
SLICED, MIXED, BREWED, FROZEN, HEATED, SQUEEZED, COMBINED OR OTHERWISE
PREPARED ON THE PREMISES OF A COVERED FOOD SERVICE PROVIDER FOR IMMEDI-
ATE CONSUMPTION AND REQUIRE NO FURTHER PREPARATION TO BE CONSUMED.
PREPARED FOOD INCLUDES BUT IS NOT LIMITED TO READY TO EAT TAKEOUT FOODS
AND BEVERAGES.
7. "RIGID POLYSTYRENE" MEANS PLASTIC PACKAGING MADE FROM RIGID, POLYS-
TYRENE RESIN THAT HAS NOT BEEN EXPANDED, EXTRUDED, OR FOAMED.
8. "STORE" MEANS A RETAIL OR WHOLESALE ESTABLISHMENT OTHER THAN A
COVERED FOOD SERVICE PROVIDER.
§ 27-3003. EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE
FILL PACKAGING BAN.
1. (A) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, NO COVERED
FOOD SERVICE PROVIDER OR STORE SHALL SELL, OFFER FOR SALE, USE, OR
DISTRIBUTE DISPOSABLE FOOD SERVICE CONTAINERS USED TO HOLD PREPARED FOOD
OR BEVERAGES THAT CONTAIN EXPANDED POLYSTYRENE FOAM.
(B) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, NO COVERED FOOD
SERVICE PROVIDER, MANUFACTURER, OR STORE SHALL SELL, OFFER FOR SALE,
USE, OR DISTRIBUTE POLYSTYRENE LOOSE FILL PACKAGING.
2. THE DEPARTMENT IS AUTHORIZED TO:
(A) UNDERTAKE A REVIEW OF ADDITIONAL PRODUCT PACKAGING, AND, BASED ON
THE ENVIRONMENTAL IMPACTS OF SUCH PRODUCTS, PROMULGATE REGULATIONS TO
LIMIT THE SALE, USE, OR DISTRIBUTION OF SUCH PRODUCTS;
(B) CONDUCT EDUCATION AND OUTREACH IN MULTIPLE LANGUAGES TO COVERED
FOOD SERVICE PROVIDERS, MANUFACTURERS, AND STORES TO INFORM THEM OF THE
PROVISIONS OF THIS TITLE; AND
(C) PROMULGATE ANY OTHER SUCH RULES AND REGULATIONS AS IT SHALL DEEM
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
§ 27-3005. EXEMPTIONS.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THIS TITLE SHALL
NOT APPLY TO:
1. PREPACKAGED FOOD FILLED OR SEALED PRIOR TO RECEIPT AT A COVERED
FOOD SERVICE PROVIDER; OR
2. RAW MEAT OR RAW FISH SOLD FOR THE PURPOSE OF COOKING OR PREPARING
OFF-PREMISES BY THE CUSTOMER; OR
3. FOR PURPOSES OF THE EXPANDED POLYSTYRENE FOAM CONTAINER BAN,
COVERED FOOD SERVICE PROVIDERS THAT DEMONSTRATE UNDUE FINANCIAL HARD-
SHIP, AS DETERMINED BY THE DEPARTMENT, PROVIDED HOWEVER THAT SUCH
COVERED FOOD SERVICE PROVIDERS THAT HAVE TEN OR MORE LOCATIONS WITHIN
THE STATE THAT (A) CONDUCT BUSINESS UNDER THE SAME BUSINESS NAME OR (B)
OPERATE UNDER COMMON OWNERSHIP OR MANAGEMENT OR PURSUANT TO A FRANCHISE
AGREEMENT WITH THE SAME FRANCHISOR SHALL NOT BE ELIGIBLE FOR AN
EXEMPTION.
§ 27-3007. PREEMPTION.
1. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ANY LOCAL
LAW OR ORDINANCE WHICH IS INCONSISTENT WITH ANY PROVISION OF THIS TITLE
OR ANY RULE OR REGULATION PROMULGATED HEREUNDER SHALL BE PREEMPTED.
2. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGU-
LATION PROMULGATED THERETO, GOVERNING THE PROHIBITION OF EXPANDED POLYS-
TYRENE USE OR SALE OR THE OFFERING FOR SALE OF POLYSTYRENE LOOSE FILL
S. 7508 151 A. 9508
PACKAGING, WHICH IS INCONSISTENT WITH THE PROVISIONS OF THIS TITLE OR
ANY RULES OR REGULATIONS PROMULGATED HEREUNDER, SHALL NOT BE PREEMPTED
IF SUCH LOCAL LAW OR ORDINANCE IS AT LEAST AS COMPREHENSIVE AS THE
PROVISIONS OF THIS TITLE OR ANY RULES OR REGULATIONS PROMULGATED HERE-
UNDER.
§ 27-3009. SEVERABILITY.
IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS TITLE
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THER-
EOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY
IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
§ 2. The environmental conservation law is amended by adding a new
section 71-2730 to read as follows:
§ 71-2730. ENFORCEMENT OF TITLE 30 OF ARTICLE 27 OF THIS CHAPTER.
1. ANY PERSON WHO SHALL VIOLATE SECTION 27-3003 OF THIS CHAPTER SHALL
BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE THAN
TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION, NOT MORE THAN FIVE
HUNDRED DOLLARS FOR THE SECOND VIOLATION IN THE SAME CALENDAR YEAR, NOT
MORE THAN ONE THOUSAND DOLLARS FOR THE THIRD VIOLATION IN THE SAME
CALENDAR YEAR, AND NOT MORE THAN TWO THOUSAND DOLLARS FOR THE FOURTH AND
EACH SUBSEQUENT VIOLATION IN THE SAME CALENDAR YEAR. A HEARING OR OPPOR-
TUNITY TO BE HEARD SHALL BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY
CIVIL PENALTY.
2. (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE
DEPARTMENT OF HEALTH, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO
ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER.
(B) THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER MAY ALSO BE
ENFORCED BY A VILLAGE, TOWN, CITY, OR COUNTY AND THE LOCAL LEGISLATIVE
BODY THEREOF MAY ADOPT LOCAL LAWS, ORDINANCES OR REGULATIONS CONSISTENT
WITH THIS TITLE PROVIDING FOR THE ENFORCEMENT OF SUCH PROVISIONS.
3. ANY FINES THAT ARE COLLECTED BY THE STATE DURING PROCEEDINGS BY THE
STATE TO ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER SHALL
BE PAID INTO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO
SECTION NINETY-TWO-S OF THE FINANCE LAW. ANY FINES THAT ARE COLLECTED
BY A MUNICIPALITY DURING PROCEEDINGS BY THE MUNICIPALITY TO ENFORCE SUCH
PROVISIONS WITHIN THE MUNICIPALITY SHALL BE RETAINED BY THE MUNICI-
PALITY.
§ 3. This act shall take effect immediately.
PART QQ
Section 1. The restore mother nature bond act is enacted to read as
follows:
ENVIRONMENTAL BOND ACT OF 2020
"RESTORE MOTHER NATURE"
Section 1. Short title.
2. Creation of state debt.
3. Bonds of the state.
4. Use of moneys received.
§ 1. Short title. This act shall be known and may be cited as the
"environmental bond act of 2020 restore mother nature".
§ 2. Creation of state debt. The creation of state debt in an amount
not exceeding in the aggregate three billion dollars ($3,000,000,000) is
hereby authorized to provide moneys for the single purpose of making
environmental improvements that preserve, enhance, and restore New
S. 7508 152 A. 9508
York's natural resources and reduce the impact of climate change by
funding capital projects to: restore habitat and reduce flood risk
including wetland, floodplain, and stream restoration and protection,
acquisition of real property, enhance shoreline protection, forest pres-
ervation, development and improvement of fish hatcheries, and removal,
alteration, and right-sizing of dams, bridges, and culverts; improve
water quality through wastewater infrastructure improvements and
upgrades including green infrastructure projects that reduce stormwater
impacts, agricultural nutrient management, and expansion of riparian
buffers; protect open space and invest in associated recreational
infrastructure including land acquisition, development and improvement
of park, campground, nature center, and other state recreational facili-
ties; expand the use of renewable energy to mitigate climate change
including, but not limited to, clean energy or resiliency projects; and
other such projects that preserve, enhance, and restore the quality of
the state's environment.
§ 3. Bonds of the state. The state comptroller is hereby authorized
and empowered to issue and sell bonds of the state up to the aggregate
amount of three billion dollars ($3,000,000,000) for the purposes of
this act, subject to the provisions of article 5 of the state finance
law. The aggregate principal amount of such bonds shall not exceed three
billion dollars ($3,000,000,000) excluding bonds issued to refund or
otherwise repay bonds heretofore issued for such purpose; provided,
however, that upon any such refunding or repayment, the total aggregate
principal amount of outstanding bonds may be greater than three billion
dollars ($3,000,000,000) only if 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. The method for calculating present value shall be
determined by law.
§ 4. Use of moneys received. The moneys received by the state from the
sale of bonds sold pursuant to this act shall be expended pursuant to
appropriations for capital projects related to design, planning, site
acquisition, demolition, construction, reconstruction, and rehabili-
tation including but not limited to, projects specified in section two
of this act.
§ 2. This act shall take effect immediately, provided that the
provisions of section one of this act shall not take effect unless and
until this act shall have been submitted to the people at the general
election to be held in November 2020 and shall have been approved by a
majority of all votes cast for and against it at such election. Upon
approval by the people, section one of this act shall take effect imme-
diately. The ballots to be furnished for the use of voters upon
submission of this act shall be in the form prescribed by the election
law and the proposition or question to be submitted shall be printed
thereon in the following form, namely "To address and combat the impact
of climate change and damage to the environment, the Environmental Bond
Act of 2020 "Restore Mother Nature" authorizes the sale of state bonds
up to three billion dollars to fund environmental protection, natural
restoration, resiliency, and clean energy projects. Shall the Environ-
mental Bond Act of 2020 be approved?".
PART RR
Section 1. The environmental conservation law is amended by adding a
new article 58 to read as follows:
S. 7508 153 A. 9508
ARTICLE 58
IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER
NATURE"
SECTION 58-0101. DEFINITIONS.
58-0103. ALLOCATION OF MONEYS.
58-0105. POWERS AND DUTIES.
58-0107. POWERS AND DUTIES OF A MUNICIPALITY.
58-0109. CONSISTENCY WITH FEDERAL TAX LAW.
58-0111. COMPLIANCE WITH OTHER LAW.
§ 58-0101. DEFINITIONS.
AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
1. "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE
ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER NATURE" IN ACCORDANCE
WITH ARTICLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF
THE STATE FINANCE LAW.
2. "COST" MEANS THE EXPENSE OF AN APPROVED PROJECT, WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO APPRAISAL, SURVEYING, PLANNING, ENGINEER-
ING AND ARCHITECTURAL SERVICES, PLANS AND SPECIFICATIONS, CONSULTANT AND
LEGAL SERVICES, SITE PREPARATION, DEMOLITION, CONSTRUCTION AND OTHER
DIRECT EXPENSES INCIDENT TO SUCH PROJECT.
3. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION.
4. "MUNICIPALITY" MEANS A LOCAL PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, SUPERVISORY
DISTRICT, DISTRICT CORPORATION, IMPROVEMENT DISTRICT WITHIN A COUNTY,
CITY, TOWN OR VILLAGE, OR INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE
OR THE UNITED STATES WITH A RESERVATION WHOLLY OR PARTLY WITHIN THE
BOUNDARIES OF NEW YORK STATE, OR ANY COMBINATION THEREOF.
5. "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF THE STATE SHARE OF THE
COST OF PROJECTS AUTHORIZED BY THIS ARTICLE TO PRESERVE, ENHANCE,
RESTORE AND IMPROVE THE QUALITY OF THE STATE'S ENVIRONMENT.
6. "STATE ENTITY" MEANS ANY STATE DEPARTMENT, DIVISION, AGENCY,
OFFICE, PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPORATION.
§ 58-0103. ALLOCATION OF MONEYS.
THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER NATURE" SHALL BE
EXPENDED FOR PROJECT COSTS TO: RESTORE HABITAT AND REDUCE FLOOD RISK
INCLUDING, WETLAND, FLOODPLAIN, AND STREAM RESTORATION AND PROTECTION,
ACQUISITION OF REAL PROPERTY, ENHANCE SHORELINE PROTECTION, FOREST PRES-
ERVATION, DEVELOPMENT AND IMPROVEMENT OF FISH HATCHERIES, AND REMOVAL,
ALTERATION, AND RIGHT-SIZING OF DAMS, BRIDGES, AND CULVERTS; IMPROVE
WATER QUALITY THROUGH WASTEWATER INFRASTRUCTURE AND UPGRADES INCLUDING
GREEN INFRASTRUCTURE PROJECTS THAT REDUCE STORMWATER IMPACTS, AGRICUL-
TURAL NUTRIENT MANAGEMENT AND EXPANSION OF RIPARIAN BUFFERS; PROTECT
OPEN SPACE AND INVEST IN ASSOCIATED RECREATIONAL INFRASTRUCTURE INCLUD-
ING LAND ACQUISITION, DEVELOPMENT AND IMPROVEMENT OF PARK, CAMPGROUND,
NATURE CENTER, AND OTHER STATE RECREATIONAL FACILITIES; EXPAND THE USE
OF RENEWABLE ENERGY TO MITIGATE CLIMATE CHANGE, INCLUDING, BUT NOT
LIMITED TO, CLEAN ENERGY OR RESILIENCY PROJECTS; AND OTHER SUCH PROJECTS
THAT PRESERVE, ENHANCE, AND RESTORE THE QUALITY OF THE STATE'S ENVIRON-
MENT.
§ 58-0105. POWERS AND DUTIES.
IN IMPLEMENTING THE PROVISIONS OF THIS ARTICLE THE DEPARTMENT IS HERE-
BY AUTHORIZED TO:
1. ADMINISTER FUNDS GENERATED PURSUANT TO THE ENVIRONMENTAL BOND ACT
OF 2020 "RESTORE MOTHER NATURE".
S. 7508 154 A. 9508
2. IN THE NAME OF THE STATE, AS FURTHER PROVIDED WITHIN THIS ARTICLE,
CONTRACT TO MAKE, WITHIN THE LIMITATIONS OF APPROPRIATIONS AVAILABLE
THEREFOR, STATE ASSISTANCE PAYMENTS TOWARD THE COST OF A PROJECT
APPROVED, AND TO BE UNDERTAKEN PURSUANT TO THIS ARTICLE.
3. APPROVE VOUCHERS FOR THE PAYMENTS PURSUANT TO AN APPROVED CONTRACT.
4. ENTER INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION, NOT-FOR-
PROFIT CORPORATION, AGENCY OR OTHER ENTITY, PRIVATE OR GOVERNMENTAL, FOR
THE PURPOSE OF EFFECTUATING THE PROVISIONS OF THIS ARTICLE.
5. PROMULGATE SUCH RULES AND REGULATIONS AND TO DEVELOP SUCH FORMS AND
PROCEDURES NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE,
INCLUDING BUT NOT LIMITED TO REQUIREMENTS FOR THE FORM, CONTENT, AND
SUBMISSION OF APPLICATIONS BY MUNICIPALITIES FOR STATE FINANCIAL ASSIST-
ANCE.
6. DELEGATE TO, OR COOPERATE WITH, ANY OTHER STATE ENTITY IN THE
ADMINISTRATION OF THIS ARTICLE.
7. PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR
DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
§ 58-0107. POWERS AND DUTIES OF A MUNICIPALITY.
A MUNICIPALITY SHALL HAVE THE POWER AND AUTHORITY TO:
1. UNDERTAKE AND CARRY OUT ANY PROJECT FOR WHICH STATE ASSISTANCE
PAYMENTS PURSUANT TO CONTRACT ARE RECEIVED OR ARE TO BE RECEIVED PURSU-
ANT TO THIS ARTICLE AND MAINTAIN AND OPERATE SUCH PROJECT.
2. EXPEND MONEY RECEIVED FROM THE STATE PURSUANT TO THIS ARTICLE FOR
COSTS INCURRED IN CONJUNCTION WITH THE APPROVED PROJECT.
3. APPLY FOR AND RECEIVE MONEYS FROM THE STATE FOR THE PURPOSE OF
ACCOMPLISHING PROJECTS UNDERTAKEN OR TO BE UNDERTAKEN PURSUANT TO THIS
ARTICLE.
4. PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR
DESIRABLE TO CARRY OUT A PROJECT OR OBLIGATION, DUTY OR FUNCTION RELATED
THERETO.
§ 58-0109. CONSISTENCY WITH FEDERAL TAX LAW.
ALL ACTIONS UNDERTAKEN PURSUANT TO THIS ARTICLE SHALL BE REVIEWED FOR
CONSISTENCY WITH PROVISIONS OF THE FEDERAL INTERNAL REVENUE CODE AND
REGULATIONS THEREUNDER, IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN
CONNECTION WITH THE ISSUANCE OF ANY TAX EXEMPT BONDS PURSUANT TO THIS
ARTICLE, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS.
§ 58-0111. COMPLIANCE WITH OTHER LAW.
EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS ARTICLE
SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS.
§ 2. The state finance law is amended by adding a new section 97-tttt
to read as follows:
§ 97-TTTT. RESTORE MOTHER NATURE BOND FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "RESTORE
MOTHER NATURE BOND FUND".
2. THE STATE COMPTROLLER SHALL DEPOSIT INTO THE RESTORE MOTHER NATURE
BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR
NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR OF THE ENVIRONMENTAL
BOND ACT OF 2020 "RESTORE MOTHER NATURE".
3. MONEYS IN THE RESTORE MOTHER NATURE BOND FUND, FOLLOWING APPROPRI-
ATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET,
SHALL BE AVAILABLE ONLY FOR REIMBURSEMENT OF EXPENDITURES MADE FROM
APPROPRIATIONS FROM THE CAPITAL PROJECTS FUND FOR THE PURPOSE OF THE
RESTORE MOTHER NATURE BOND FUND, AS SET FORTH IN THE ENVIRONMENTAL BOND
ACT OF 2020 "RESTORE MOTHER NATURE".
S. 7508 155 A. 9508
4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
SOLD PURSUANT TO THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER
NATURE" SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN
ALLOCATED PURSUANT TO THE PROVISIONS OF THIS SECTION AND COPIES OF THE
APPROPRIATE CERTIFICATES OF APPROVAL FILED WITH THE CHAIR OF THE SENATE
FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
AND THE STATE COMPTROLLER.
§ 3. Section 61 of the state finance law is amended by adding a new
subdivision 32 to read as follows:
32. THIRTY YEARS. FOR THE PAYMENT OF "RESTORE MOTHER NATURE" PROJECTS,
AS DEFINED IN ARTICLE FIFTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW
AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY,
ENACTING AND CONSTITUTING THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE
MOTHER NATURE". THIRTY YEARS FOR FLOOD CONTROL INFRASTRUCTURE, OTHER
ENVIRONMENTAL INFRASTRUCTURE, WETLAND AND OTHER HABITAT RESTORATION,
WATER QUALITY PROJECTS, ACQUISITION OF LAND, INCLUDING ACQUISITION OF
REAL PROPERTY, AND RENEWABLE ENERGY PROJECTS. NOTWITHSTANDING THE FORE-
GOING, FOR THE PURPOSES OF CALCULATING ANNUAL DEBT SERVICE, THE STATE
COMPTROLLER SHALL APPLY A WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE OF
RESTORE MOTHER NATURE PROJECTS, INCLUDING ANY OTHER WORKS OR PURPOSES TO
BE FINANCED WITH STATE DEBT. WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE
SHALL BE DETERMINED BY COMPUTING THE SUM OF THE PRODUCTS DERIVED FROM
MULTIPLYING THE DOLLAR VALUE OF THE PORTION OF THE DEBT CONTRACTED FOR
EACH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) BY THE PROBABLE
LIFE OF SUCH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) AND DIVID-
ING THE RESULTING SUM BY THE DOLLAR VALUE OF THE ENTIRE DEBT AFTER
TAKING INTO CONSIDERATION ANY ORIGINAL ISSUE PREMIUM OR DISCOUNT.
§ 4. If any clause, sentence, paragraph, 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 ther-
eof, but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
§ 5. This act shall take effect only in the event that section 1 of
part XX of a chapter of the laws of 2020, enacting the environmental
bond act of 2020 "restore mother nature" is submitted to the people at
the general election to be held in November 2020 and is approved by a
majority of all votes cast for and against it at such election. Upon
such approval, this act shall take effect immediately. Effective imme-
diately, the addition, amendment, and/or repeal of any rule or regu-
lation necessary for the implementation of the foregoing sections of
this act are authorized and directed to be made and completed on or
before such effective date.
PART SS
Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 32 to read as follows:
TITLE 32
PRODUCT STEWARDSHIP
SECTION 27-3201. DEFINITIONS.
27-3203. STEWARDSHIP ORGANIZATION RESPONSIBILITIES.
27-3205. PRODUCER RESPONSIBILITIES.
27-3207. RETAILER AND DISTRIBUTOR RESPONSIBILITIES.
27-3209. DEPARTMENT RESPONSIBILITIES.
27-3211. RULES AND REGULATIONS.
S. 7508 156 A. 9508
27-3213. ENFORCEMENT AND PENALTIES.
27-3215. STATE PREEMPTION.
27-3217. REPORT AND CRITERIA FOR IDENTIFYING ADDITIONAL COVERED
PRODUCTS OR PRODUCT CATEGORIES.
27-3219. SEVERABILITY.
§ 27-3201. DEFINITIONS.
AS USED IN THIS TITLE:
1. "BRAND" MEANS A NAME, SYMBOL, WORD, OR MARK THAT ATTRIBUTES THE
PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
2. "CARPET" MEANS A MANUFACTURED ARTICLE THAT IS (I) USED IN COMMER-
CIAL BUILDINGS OR SINGLE OR MULTIFAMILY RESIDENTIAL BUILDINGS, (II)
AFFIXED OR PLACED ON THE FLOOR OR BUILDING WALKING SURFACE AS A DECORA-
TIVE OR FUNCTIONAL BUILDING INTERIOR OR EXTERIOR FEATURE, AND (III)
PRIMARILY CONSTRUCTED OF A TOP SURFACE OF SYNTHETIC OR NATURAL FACE
FIBERS OR YARNS OR TUFTS ATTACHED TO A BACKING SYSTEM MADE OF SYNTHETIC
OR NATURAL MATERIALS. "CARPET" INCLUDES, BUT IS NOT LIMITED TO, A
COMMERCIAL OR RESIDENTIAL BROADLOOM CARPET, MODULAR CARPET TILES, AND
ARTIFICIAL TURF, PAD OR UNDERLAYMENT USED IN CONJUNCTION WITH A CARPET.
"CARPET" DOES NOT INCLUDE HANDMADE RUGS, AREA RUGS, OR MATS.
3. "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT WHICH
DISCARDED COVERED PRODUCTS MAY BE RETURNED BY A CONSUMER.
4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
LEASES, OR USES COVERED PRODUCTS, INCLUDING BUT NOT LIMITED TO AN INDI-
VIDUAL, A BUSINESS, CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT
CORPORATION, THE STATE, A PUBLIC CORPORATION, PUBLIC SCHOOL, SCHOOL
DISTRICT, PRIVATE OR PAROCHIAL SCHOOL OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES OR GOVERNMENTAL ENTITY.
5. "COVERED PRODUCT" MEANS CARPETS OR MATTRESSES.
6. "DISCARDED COVERED PRODUCT" MEANS COVERED PRODUCTS THAT ARE NO
LONGER USED FOR ITS MANUFACTURED PURPOSE.
7. "DISTRIBUTOR" OR "WHOLESALER" MEANS A PERSON WHO BUYS OR OTHERWISE
ACQUIRES COVERED PRODUCTS FROM ANOTHER SOURCE AND SELLS OR OFFERS TO
SELL A COVERED PRODUCT TO RETAILERS IN THIS STATE.
8. "ENERGY RECOVERY" MEANS THE PROCESS BY WHICH ALL OR A PORTION OF
SOLID WASTE MATERIALS ARE PROCESSED OR COMBUSTED IN ORDER TO UTILIZE THE
HEAT CONTENT OR OTHER FORMS OF ENERGY DERIVED FROM SUCH SOLID WASTE
MATERIALS.
9. "MATTRESS" MEANS ANY RESILIENT MATERIAL, OR COMBINATION OF MATERI-
ALS, THAT IS DESIGNED TO BE USED AS A BED. MATTRESS SHALL NOT INCLUDE:
A. AN UNATTACHED MATTRESS PAD OR MATTRESS TOPPER THAT IS INTENDED TO
BE USED WITH, OR ON TOP OF A MATTRESS;
B. A CRIB OR BASSINET MATTRESS OR CAR BED;
C. JUVENILE PRODUCTS, INCLUDING: A CARRIAGE, BASKET, DRESSING TABLE,
STROLLER, PLAYPEN, INFANT CARRIER, LOUNGE PAD, CRIB BUMPER, AND THE PADS
FOR THOSE JUVENILE PRODUCTS;
D. A WATER BED OR AIR MATTRESS; OR
E. A FOLD-OUT SOFA BED OR FUTON.
10. "PRODUCER" MEANS ANY PERSON WHO MANUFACTURES OR RENOVATES A
COVERED PRODUCT THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE
STATE UNDER THE MANUFACTURER'S OWN NAME OR BRAND. "PRODUCER" INCLUDES:
A. THE OWNER OF A TRADEMARK OR BRAND UNDER WHICH A COVERED PRODUCT IS
SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THIS STATE, WHETHER OR NOT
SUCH TRADEMARK OR BRAND IS REGISTERED IN THE STATE; AND
B. ANY PERSON WHO IMPORTS A COVERED PRODUCT INTO THE UNITED STATES
THAT IS SOLD OR OFFERED FOR SALE IN THE STATE AND THAT IS MANUFACTURED
BY A PERSON WHO DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
S. 7508 157 A. 9508
11. "PRODUCT" MEANS AN ITEM SOLD WITHIN THE STATE THAT IS DEEMED
ELIGIBLE BY THE DEPARTMENT FOR INCLUSION IN THIS CHAPTER AS A COVERED
PRODUCT.
12. "PRODUCT CATEGORY" MEANS A GROUP OF SIMILAR PRODUCTS.
13. "PROPRIETARY INFORMATION" MEANS INFORMATION THAT IS A TRADE SECRET
OR IS PRODUCTION, COMMERCIAL OR FINANCIAL INFORMATION, THAT IF DISCLOSED
WOULD IMPAIR THE COMPETITIVE POSITION OF THE SUBMITTER AND WOULD MAKE
AVAILABLE INFORMATION NOT OTHERWISE PUBLICLY AVAILABLE.
14. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
COMPONENTS OR COMMODITIES CONTAINED IN COVERED PRODUCTS FOR THE PURPOSE
OF PREPARING THE MATERIALS, COMPONENTS OR COMMODITIES FOR USE OR REUSE
IN NEW PRODUCTS OR COMPONENTS. "RECYCLING" DOES NOT INCLUDE ENERGY
RECOVERY OR ENERGY GENERATION BY MEANS OF COMBUSTION, OR LANDFILL
DISPOSAL OF DISCARDED COVERED PRODUCTS OR DISCARDED PRODUCT COMPONENT
MATERIALS.
15. "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED COVERED
PRODUCTS THAT IS MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED BY THIS
TITLE, AND IS COMPUTED BY DIVIDING THE AMOUNT OF DISCARDED COVERED
PRODUCTS COLLECTED AND RECYCLED OR REUSED BY THE TOTAL AMOUNT OF
DISCARDED COVERED PRODUCTS COLLECTED OVER A PROGRAM YEAR.
16. "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE A COVERED
PRODUCT TO A CONSUMER IN THE STATE.
17. "REUSE" MEANS DONATING OR SELLING A DISCARDED COVERED PRODUCT BACK
INTO THE MARKET FOR ITS ORIGINAL INTENDED USE, WHEN THE DISCARDED
COVERED PRODUCT RETAINS ITS ORIGINAL PERFORMANCE CHARACTERISTICS AND CAN
BE USED FOR ITS ORIGINAL PURPOSE.
18. "SALE" OR "SELL" MEANS A TRANSFER OF TITLE TO A COVERED PRODUCT
FOR CONSIDERATION, INCLUDING A REMOTE SALE CONDUCTED THROUGH A SALES
OUTLET, CATALOG, WEBSITE, OR SIMILAR ELECTRONIC MEANS. "SALE" OR "SELL"
INCLUDES A LEASE THROUGH WHICH A COVERED PRODUCT IS PROVIDED TO A
CONSUMER BY A PRODUCER, DISTRIBUTOR, OR RETAILER.
19. "STEWARDSHIP ORGANIZATION" MEANS A NONPROFIT ENTITY REPRESENTING
COVERED PRODUCT PRODUCERS, OR OTHER DESIGNATED REPRESENTATIVES WHO ARE
COOPERATING WITH ONE ANOTHER, TO COLLECTIVELY ESTABLISH AND OPERATE A
STEWARDSHIP PROGRAM FOR THE PURPOSE OF COMPLYING WITH THIS TITLE.
20. "STEWARDSHIP PROGRAM" MEANS A PROGRAM FINANCED AND IMPLEMENTED BY
PRODUCERS, EITHER INDIVIDUALLY, OR COLLECTIVELY THROUGH A PRODUCER
RESPONSIBILITY ORGANIZATION, THAT PROVIDES FOR, BUT IS NOT LIMITED TO,
THE COLLECTION, TRANSPORTATION, REUSE, RECYCLING OR PROPER MANAGEMENT
THROUGH COMBUSTION OR DISPOSAL, OR AN APPROPRIATE COMBINATION THEREOF,
OF UNWANTED PRODUCTS.
§ 27-3203. STEWARDSHIP ORGANIZATION RESPONSIBILITIES.
1. A STEWARDSHIP ORGANIZATION SHALL BE CREATED AND FINANCED, INDIVID-
UALLY OR COLLECTIVELY, BY CARPET PRODUCERS, AND A MATTRESS STEWARDSHIP
ORGANIZATION SHALL BE CREATED AND FINANCED BY MATTRESS PRODUCERS, INDI-
VIDUALLY OR COLLECTIVELY, TO ADMINISTER STEWARDSHIP PROGRAMS ON BEHALF
OF THOSE RESPECTIVE PRODUCERS.
2. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-ONE, A STEWARDSHIP
ORGANIZATION REPRESENTING THE PRODUCER OF A COVERED PRODUCT MUST SUBMIT
A STEWARDSHIP PLAN TO THE DEPARTMENT ON BEHALF OF THE PRODUCER AND
RECEIVE APPROVAL OF THE PLAN.
3. A STEWARDSHIP ORGANIZATION OPERATING A STEWARDSHIP PROGRAM MUST
UPDATE THE STEWARDSHIP PLAN EVERY THREE YEARS, AT A MINIMUM, AND SUBMIT
THE UPDATED PLAN TO THE DEPARTMENT FOR REVIEW AND APPROVAL.
4. THE STEWARDSHIP ORGANIZATION MUST NOTIFY THE DEPARTMENT WITHIN
THIRTY DAYS OF ANY SIGNIFICANT CHANGES OR MODIFICATIONS TO THE PLAN OR
S. 7508 158 A. 9508
ITS IMPLEMENTATION. WITHIN THIRTY DAYS OF THE NOTIFICATION A WRITTEN
PLAN AMENDMENT MUST BE SUBMITTED TO THE DEPARTMENT FOR REVIEW AND
APPROVAL.
5. THE STEWARDSHIP PLAN SHALL INCLUDE, AT A MINIMUM:
A. CERTIFICATION THAT THE STEWARDSHIP PROGRAM WILL ACCEPT FOR
COLLECTION ALL DISCARDED COVERED PRODUCTS;
B. CONTACT INFORMATION FOR EACH INDIVIDUAL REPRESENTING THE STEWARD-
SHIP ORGANIZATION, INCLUDING THE ADDRESS OF THE STEWARDSHIP ORGANIZATION
WHERE THE DEPARTMENT WILL SEND ANY NOTIFICATIONS AND FOR SERVICE OF
PROCESS, DESIGNATION OF A PROGRAM MANAGER RESPONSIBLE FOR ADMINISTERING
THE PROGRAM, A LIST OF ALL PRODUCERS PARTICIPATING IN THE STEWARDSHIP
PROGRAM, AND CONTACT INFORMATION FOR EACH PRODUCER, INCLUDING THE
ADDRESS FOR SERVICE OF PROCESS, AND THE BRANDS COVERED BY THE PRODUCT
STEWARDSHIP PROGRAM;
C. A DESCRIPTION OF THE METHODS BY WHICH DISCARDED COVERED PRODUCTS
WILL BE COLLECTED WITH NO CHARGE TO ANY PERSON;
D. AN EXPLANATION OF HOW THE STEWARDSHIP PROGRAM WILL, BY JANUARY
FIRST, TWO THOUSAND TWENTY-TWO OR SIX MONTHS AFTER STEWARDSHIP PLAN
APPROVAL, ACHIEVE, AT A MINIMUM, A CONVENIENCE STANDARD OF HAVING AT
LEAST ONE COLLECTION SITE IN EACH COUNTY OF THE STATE, AND AT LEAST ONE
ADDITIONAL COLLECTION SITE FOR EVERY FIFTY THOUSAND RESIDENTS LOCATED IN
A MUNICIPALITY, THAT ACCEPTS COVERED PRODUCTS FROM CONSUMERS DURING
NORMAL BUSINESS HOURS; HOWEVER, WITH RESPECT TO A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE, AFTER CONSULTATION WITH THE APPROPRIATE
LOCAL OR REGIONAL ENTITY RESPONSIBLE FOR THE COLLECTION OF SOLID AND
HAZARDOUS WASTE, THE DEPARTMENT MAY OTHERWISE ESTABLISH AN ALTERNATIVE
CONVENIENCE STANDARD. CONVENIENCE STANDARDS WILL BE EVALUATED BY THE
DEPARTMENT PERIODICALLY AND THE DEPARTMENT MAY REQUIRE ADDITIONAL
COLLECTION LOCATIONS TO ENSURE ADEQUATE CONSUMER CONVENIENCE;
E. A DESCRIPTION OF HOW THE EFFECTIVENESS OF THE STEWARDSHIP PROGRAM
WILL BE MONITORED, EVALUATED, AND MAINTAINED;
F. THE NAMES AND LOCATIONS OF COLLECTION SITES, TRANSPORTERS, AND
PROCESSORS WHO WILL MANAGE DISCARDED COVERED PRODUCTS;
G. A DESCRIPTION OF HOW THE DISCARDED COVERED PRODUCTS WILL BE SAFELY
AND SECURELY TRANSPORTED, TRACKED, AND HANDLED FROM COLLECTION THROUGH
FINAL RECYCLING AND PROCESSING;
H. A DESCRIPTION OF THE METHODS TO BE USED TO REUSE OR RECYCLE
DISCARDED COVERED PRODUCTS TO ENSURE THAT THE COMPONENTS, TO THE EXTENT
FEASIBLE, ARE TRANSFORMED OR REMANUFACTURED INTO FINISHED PRODUCTS FOR
USE;
I. A DESCRIPTION OF THE METHODS TO BE USED TO MANAGE OR DISPOSE OF
DISCARDED COVERED PRODUCTS THAT CANNOT BE RECYCLED OR REUSED;
J. A DESCRIPTION OF THE OUTREACH AND EDUCATIONAL MATERIALS THAT MUST
BE PROVIDED TO CONSUMERS, RETAILERS, COLLECTION SITES, AND TRANSPORTERS
OF DISCARDED COVERED PRODUCTS, AND HOW SUCH OUTREACH WILL BE EVALUATED
FOR EFFECTIVENESS;
K. AN UP-TO-DATE STEWARDSHIP ORGANIZATION WEBSITE AND TOLL-FREE TELE-
PHONE NUMBER THROUGH WHICH A CONSUMER CAN EASILY LEARN HOW AND WHERE TO
RECYCLE THEIR DISCARDED COVERED PRODUCTS;
L. AN ANNUAL PERFORMANCE GOAL, AS DETERMINED BY THE DEPARTMENT,
INCLUDING AN ESTIMATE OF THE PERCENTAGE OF DISCARDED COVERED PRODUCTS
THAT WILL BE COLLECTED, REUSED, AND RECYCLED DURING EACH YEAR FOR THE
NEXT THREE YEARS OF THE STEWARDSHIP PLAN;
M. AN EVALUATION OF THE STATUS OF END MARKETS FOR DISCARDED COVERED
PRODUCTS AND WHAT, IF ANY, ADDITIONAL END MARKETS ARE NEEDED TO IMPROVE
THE FUNCTIONING OF THE PROGRAMS; AND
S. 7508 159 A. 9508
N. A FUNDING MECHANISM THAT DEMONSTRATES SUFFICIENT FUNDING TO CARRY
OUT THE PLAN, INCLUDING THE ADMINISTRATIVE, OPERATIONAL, AND CAPITAL
COSTS OF THE PLAN.
6. BY JULY FIRST, TWO THOUSAND TWENTY-THREE, AND BY JULY FIRST OF EACH
YEAR THEREAFTER, THE STEWARDSHIP ORGANIZATION SHALL SUBMIT A REPORT TO
THE DEPARTMENT THAT INCLUDES, FOR THE PREVIOUS PROGRAM YEAR, A
DESCRIPTION OF THE STEWARDSHIP PROGRAM, INCLUDING, BUT NOT LIMITED TO,
THE FOLLOWING:
A. A DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT, AND PROC-
ESS DISCARDED COVERED PRODUCTS IN REGIONS OF THE STATE;
B. IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
C. THE WEIGHT OF ALL DISCARDED COVERED PRODUCTS COLLECTED AND REUSED
OR RECYCLED IN ALL REGIONS OF THE STATE;
D. AN EVALUATION OF WHETHER THE PERFORMANCE GOALS AND RECYCLING RATES
ESTABLISHED IN THE STEWARDSHIP PLAN HAVE BEEN ACHIEVED;
E. AN ESTIMATED WEIGHT OF DISCARDED COVERED PRODUCTS AND ANY COMPONENT
MATERIALS THAT WERE COLLECTED PURSUANT TO THE STEWARDSHIP PLAN, BUT NOT
RECYCLED; AND
F. ANY OTHER INFORMATION REQUIRED BY REGULATION PROMULGATED BY THE
DEPARTMENT.
7. A STEWARDSHIP ORGANIZATION SHALL PAY THE DEPARTMENT, THE FOLLOWING
FEES, WHICH SHALL BE ADEQUATE TO COVER THE DEPARTMENT'S FULL COSTS OF
ADMINISTERING AND ENFORCING THE STEWARDSHIP PROGRAM AND SHALL NOT EXCEED
THE AMOUNT NECESSARY TO RECOVER COSTS INCURRED BY THE DEPARTMENT IN
CONNECTION WITH THE ADMINISTRATION AND ENFORCEMENT OF THE REQUIREMENTS
OF THIS TITLE:
A. AN ANNUAL ADMINISTRATIVE FEE TO BE ESTABLISHED BY THE DEPARTMENT IN
REGULATIONS; AND
B. A ONE-TIME FEE OF FIVE THOUSAND DOLLARS FOR A PLAN COVERING AN
INDIVIDUAL PRODUCER, OR TEN THOUSAND DOLLARS FOR A PLAN FOR PRODUCERS
ACTING COLLECTIVELY, UPON SUBMISSION OF AN INITIAL STEWARDSHIP PLAN.
§ 27-3205. PRODUCER RESPONSIBILITIES.
1. BY JANUARY FIRST, TWO THOUSAND TWENTY-TWO, EACH PRODUCER SHALL,
INDIVIDUALLY OR COLLECTIVELY, THROUGH A STEWARDSHIP ORGANIZATION, IMPLE-
MENT AND FINANCE A STATEWIDE STEWARDSHIP PROGRAM THAT:
A. MANAGES COVERED PRODUCTS BY REDUCING ITS WASTE GENERATION;
B. PROMOTES COVERED PRODUCT RECYCLING AND REUSE OR MATTRESS RECYCLING
AND REUSE; AND
C. PROVIDES FOR NEGOTIATION AND EXECUTION OF AGREEMENTS TO COLLECT,
TRANSPORT, PROCESS, AND MARKET THE PRODUCER'S DISCARDED COVERED PRODUCTS
FOR END-OF-LIFE RECYCLING, REUSE, OR DISPOSAL.
2. NO PRODUCER MAY SELL OR OFFER FOR SALE COVERED PRODUCTS IN THE
STATE UNLESS THE PRODUCER IS PART OF A STEWARDSHIP ORGANIZATION, OR
INDIVIDUALLY, OPERATES A STEWARDSHIP PROGRAM IN COMPLIANCE WITH THE
PROVISIONS OF THIS TITLE.
3. THE STEWARDSHIP PROGRAM MUST BE FREE TO THE CONSUMER, CONVENIENT
AND ADEQUATE TO SERVE THE NEEDS OF BUSINESSES AND RESIDENTS IN ALL AREAS
OF THE STATE ON AN ONGOING BASIS.
§ 27-3207. RETAILER AND DISTRIBUTOR RESPONSIBILITIES.
1. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE, NO RETAILER OR
DISTRIBUTOR MAY SELL OR OFFER FOR SALE COVERED PRODUCTS IN THE STATE
UNLESS THE PRODUCER OF SUCH COVERED PRODUCT IS PARTICIPATING IN A
STEWARDSHIP PROGRAM.
2. ANY RETAILER OR DISTRIBUTOR MAY PARTICIPATE, ON A VOLUNTARY BASIS,
AS A DESIGNATED COLLECTION POINT PURSUANT TO A PRODUCT STEWARDSHIP
PROGRAM AND IN ACCORDANCE WITH APPLICABLE LAW.
S. 7508 160 A. 9508
3. NO RETAILER OR DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
THIS SECTION IF, ON THE DATE THE COVERED PRODUCTS WERE ORDERED FROM THE
PRODUCER OR ITS AGENT, THE PRODUCER WAS LISTED AS COMPLIANT WITH THIS
TITLE ON THE DEPARTMENT'S WEBSITE.
§ 27-3209. DEPARTMENT RESPONSIBILITIES.
1. UPON STEWARDSHIP PLAN APPROVAL, THE DEPARTMENT SHALL POST INFORMA-
TION ON ITS WEBSITE ABOUT THE STEWARDSHIP ORGANIZATIONS AND ITS PARTIC-
IPATING PRODUCERS WHO ARE IN COMPLIANCE WITH THIS TITLE.
2. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, THE DEPARTMENT
SHALL POST ON ITS WEBSITE THE LOCATION OF ALL COLLECTION SITES IDENTI-
FIED TO THE DEPARTMENT BY THE STEWARDSHIP ORGANIZATION IN ITS PLANS AND
ANNUAL REPORTS.
3. THE DEPARTMENT SHALL POST ON ITS WEBSITE EACH STEWARDSHIP PLAN
APPROVED BY THE DEPARTMENT.
4. WITHIN SIXTY DAYS AFTER RECEIPT OF A PROPOSED STEWARDSHIP PLAN OR
PLAN AMENDMENT, THE DEPARTMENT SHALL APPROVE OR REJECT THE PLAN OR THE
PLAN AMENDMENT. IF THE PLAN OR PLAN AMENDMENT IS APPROVED, THE DEPART-
MENT SHALL NOTIFY THE STEWARDSHIP ORGANIZATION IN WRITING. IF THE
DEPARTMENT REJECTS THE PLAN OR PLAN AMENDMENT, THE DEPARTMENT SHALL
NOTIFY THE STEWARDSHIP ORGANIZATION IN WRITING STATING THE REASON FOR
REJECTING THE PLAN OR PLAN AMENDMENT. A STEWARDSHIP ORGANIZATION WHOSE
PLAN IS REJECTED MUST SUBMIT A REVISED PLAN TO THE DEPARTMENT WITHIN
THIRTY DAYS OF RECEIVING A NOTICE OF REJECTION.
5. THE DEPARTMENT SHALL DEPOSIT THE FEES COLLECTED PURSUANT TO THIS
TITLE INTO THE STEWARDSHIP ORGANIZATION FUND AS ESTABLISHED PURSUANT TO
SECTION NINETY-TWO-JJ OF THE STATE FINANCE LAW.
§ 27-3211. RULES AND REGULATIONS.
THE DEPARTMENT IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THIS TITLE.
§ 27-3213. ENFORCEMENT AND PENALTIES.
1. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR ENTITY
THAT VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED
PURSUANT TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT
THERETO, OR ANY TERM OR CONDITION OF ANY REGISTRATION OR PERMIT ISSUED
PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION-
ER MADE PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER
SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS
FOR EACH VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE
HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
2. ANY RETAILER OR DISTRIBUTOR WHO VIOLATES ANY PROVISION OF OR FAILS
TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY RULE OR REGU-
LATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY
REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL DETERMI-
NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS ARTICLE OR
ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY
NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL
PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH DAY DURING WHICH
SUCH VIOLATION CONTINUES.
3. A. ANY PRODUCER OR STEWARDSHIP ORGANIZATION WHO VIOLATES ANY
PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE
OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR
CONDITION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY
FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS
ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR A
CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION AND
AN ADDITIONAL PENALTY OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS
S. 7508 161 A. 9508
FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. FOR A SECOND
VIOLATION COMMITTED WITHIN TWELVE MONTHS OF A PRIOR VIOLATION, THE
PRODUCER OR STEWARDSHIP ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY
NOT TO EXCEED TEN THOUSAND DOLLARS AND AN ADDITIONAL PENALTY OF NOT MORE
THAN THREE THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION
CONTINUES. FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED WITHIN TWELVE
MONTHS OF ANY PRIOR VIOLATION, THE PRODUCER OR STEWARDSHIP ORGANIZATION
SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT TO EXCEED TWENTY THOUSAND
DOLLARS AND AN ADDITIONAL PENALTY OF SIX THOUSAND DOLLARS FOR EACH DAY
DURING WHICH SUCH VIOLATION CONTINUES.
B. ALL PRODUCERS PARTICIPATING IN A STEWARDSHIP ORGANIZATION SHALL BE
JOINTLY AND SEVERALLY LIABLE FOR ANY PENALTIES ASSESSED AGAINST THE
STEWARDSHIP ORGANIZATION PURSUANT TO THIS TITLE AND ARTICLE SEVENTY-ONE
OF THIS CHAPTER.
4. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
MENT AFTER AN OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF
SECTION 71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY ACTION OR
PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION
THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE ENJOINED FROM
CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL
ISSUED BY THE DEPARTMENT MAY BE REVOKED OR SUSPENDED OR A PENDING
RENEWAL DENIED.
5. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO
ENFORCE THE PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE
DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
§ 27-3215. STATE PREEMPTION.
JURISDICTION IN ALL MATTERS PERTAINING TO COVERED PRODUCTS RECYCLING
IS, BY THIS TITLE, VESTED EXCLUSIVELY IN THE STATE. ANY PROVISION OF ANY
LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED THERETO,
GOVERNING COVERED PRODUCT RECYCLING SHALL, UPON THE EFFECTIVE DATE OF
THIS TITLE, BE PREEMPTED; PROVIDED HOWEVER, THAT NOTHING IN THIS SECTION
SHALL PRECLUDE A PERSON FROM COORDINATING, FOR RECYCLING OR REUSE, THE
COLLECTION OF COVERED PRODUCTS.
§ 27-3217. REPORT AND CRITERIA FOR IDENTIFYING ADDITIONAL COVERED
PRODUCTS OR PRODUCT CATEGORIES.
1. THE DEPARTMENT SHALL BY NOVEMBER FIRST, TWO THOUSAND TWENTY-TWO,
AND BIANNUALLY THEREAFTER, PUBLISH:
A. A REVIEW AND EVALUATION OF THE PERFORMANCE OF EXISTING STEWARDSHIP
PROGRAMS IN THE STATE;
B. LEGISLATIVE RECOMMENDATIONS THE DEPARTMENT WOULD PROPOSE TO IMPROVE
EXISTING STEWARDSHIP PROGRAMS; AND
C. RECOMMENDATIONS FOR ESTABLISHING NEW STEWARDSHIP PROGRAMS. THE
DEPARTMENT MAY IDENTIFY A PRODUCT OR PRODUCT CATEGORY AS A CANDIDATE FOR
A STEWARDSHIP PROGRAM IF IT IS DETERMINED AFTER EVALUATION OF EACH OF
THE FOLLOWING THAT:
(I) A STEWARDSHIP PROGRAM FOR THE PRODUCT OR PRODUCT CATEGORY WILL
INCREASE THE RECOVERY OF MATERIALS FOR REUSE AND RECYCLING AND REDUCE
THE NEED FOR USE OF VIRGIN MATERIALS;
(II) A STEWARDSHIP PROGRAM FOR THE PRODUCT OR PRODUCT CATEGORY WILL
REDUCE THE COSTS OF WASTE MANAGEMENT TO LOCAL GOVERNMENTS AND TAXPAYERS;
(III) A STEWARDSHIP PROGRAM FOR THE PRODUCT OR PRODUCT CATEGORY WILL
ENHANCE ENERGY CONSERVATION OR MITIGATE CLIMATE CHANGE IMPACTS;
(IV) A STEWARDSHIP PROGRAM FOR THE PRODUCT OR PRODUCT CATEGORY WILL BE
BENEFICIAL FOR EXISTING AND NEW BUSINESSES AND INFRASTRUCTURE TO MANAGE
S. 7508 162 A. 9508
THE PRODUCTS AND LEAD TO THE DEVELOPMENT OF NEW INDUSTRIES TO UTILIZE
THE RECOVERED MATERIALS;
(V) THERE EXISTS PUBLIC DEMAND FOR A STEWARDSHIP PROGRAM FOR THE PROD-
UCT OR PRODUCT CATEGORY;
(VI) THERE IS SUCCESS IN COLLECTING AND PROCESSING SIMILAR TYPES OF
PRODUCTS IN PROGRAMS IN OTHER STATES OR COUNTRIES; OR
(VII) EXISTING VOLUNTARY STEWARDSHIP PROGRAMS FOR THE PRODUCT OR PROD-
UCT CATEGORY IN THE STATE ARE NOT EFFECTIVE IN ACHIEVING THE POLICY OF
THIS CHAPTER.
2. AT LEAST THIRTY DAYS PRIOR TO PUBLISHING THE REPORT PURSUANT TO
SUBDIVISION ONE OF THIS SECTION THE DEPARTMENT SHALL POST THE REPORT ON
ITS PUBLICLY ACCESSIBLE WEBSITE. WITHIN THAT PERIOD, A PERSON MAY SUBMIT
TO THE DEPARTMENT WRITTEN COMMENTS REGARDING THE REPORT.
§ 27-3219. SEVERABILITY.
THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
CLAUSE, SENTENCE OR PROVISION OF THIS TITLE, OR THE APPLICABILITY THERE-
OF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF
THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
§ 2. The state finance law is amended by adding a new section 92-jj to
read as follows:
§ 92-JJ. STEWARDSHIP ORGANIZATION FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
THE DEPARTMENT OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"STEWARDSHIP ORGANIZATION FUND".
2. THE STEWARDSHIP ORGANIZATION FUND SHALL CONSIST OF ALL REVENUE
COLLECTED FROM FEES PURSUANT TO TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN
OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY COST RECOVERIES OR OTHER
REVENUES COLLECTED PURSUANT TO TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN
OF THE ENVIRONMENTAL CONSERVATION LAW, AND ANY OTHER MONIES DEPOSITED
INTO THE FUND PURSUANT TO LAW.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE USED FOR EXECUTION OF STEWARDSHIP ORGANIZATION PROGRAM ADMINIS-
TRATION PURSUANT TO TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN OF THE
ENVIRONMENTAL CONSERVATION LAW, AND EXPENDED FOR THE PURPOSES AS SET
FORTH IN TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL
CONSERVATION LAW.
§ 3. This act shall take effect immediately.
PART TT
Section 1. The opening paragraph of subdivision 1 and subdivision 2 of
section 24-0107 of the environmental conservation law, as amended by
chapter 654 of the laws of 1977, are amended to read as follows:
"Freshwater wetlands" means lands and waters of the state [as shown on
the freshwater wetlands map which] THAT HAVE AN AREA OF AT LEAST TWELVE
AND FOUR-TENTHS ACRES IN SIZE, OR IF LESS THAN TWELVE AND FOUR-TENTHS
ACRES ARE OF UNUSUAL IMPORTANCE; AND contain any or all of the follow-
ing:
2. "Freshwater wetlands map" shall mean a map [promulgated] DEVELOPED
by the department pursuant to section 24-0301 of this article on which
are indicated the boundaries of any freshwater wetlands. THESE MAPS WILL
SERVE THE PURPOSE OF EDUCATING THE PUBLIC ON THE APPROXIMATE LOCATION OF
WETLANDS. THESE MAPS ARE FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT
CONTROLLING FOR PURPOSES OF DETERMINING IF A WETLANDS PERMIT IS REQUIRED
PURSUANT TO SECTION 24-0701 OF THIS ARTICLE.
S. 7508 163 A. 9508
§ 2. Subdivisions 1, 2, 3, 4 and 5 of section 24-0301 of the environ-
mental conservation law are REPEALED.
§ 3. Subdivisions 6, 7 and 8 of section 24-0301 of the environmental
conservation law, subdivision 6 as amended by chapter 16 of the laws of
2010 and subdivision 7 as amended and subdivision 8 as added by chapter
645 of the laws of 1977, are amended to read as follows:
[6.] 1. Except as provided in subdivision [eight] THREE of this
section, the commissioner shall supervise the maintenance of [such boun-
dary] FRESHWATER WETLANDS maps, which shall be available to the public
[for inspection and examination at the regional office of the department
in which the wetlands are wholly or partly located and in the office of
the clerk of each county in which each such wetland or a portion thereof
is located] ON THE DEPARTMENT'S WEBSITE. The commissioner may readjust
the map [thereafter to clarify the boundaries of the wetlands, to
correct any errors on the map, to effect any additions, deletions or
technical changes on the map, and to reflect changes as have occurred as
a result of the granting of permits pursuant to section 24-0703 of this
article, or natural changes which may have occurred through erosion,
accretion, or otherwise. Notice of such readjustment shall be given in
the same manner as set forth in subdivision five of this section for the
promulgation of final freshwater wetlands maps. In addition, at the time
notice is provided pursuant to subdivision five of this section, the
commissioner shall update any digital image of the map posted on the
department's website to reflect such readjustment] AT ANY TIME TO MORE
ACCURATELY DEPICT THE APPROXIMATE LOCATION OF WETLANDS.
[7.] 2. Except as provided in subdivision [eight] THREE of this
section, the commissioner may, upon his own initiative, and shall, upon
a written request by a landowner whose land or a portion thereof may be
included within a wetland, or upon the written request of another person
or persons or an official body whose interests are shown to be affected,
cause to be delineated [more precisely] the boundary line or lines of a
freshwater wetland or a portion thereof. [Such more precise delineation
of a freshwater wetland boundary line or lines shall be of appropriate
scale and sufficient clarity to permit the ready identification of indi-
vidual buildings and of other major man-made structures or facilities or
significant geographical features with respect to the boundary of any
freshwater wetland.] The commissioner shall undertake to delineate the
boundary of a particular wetland or wetlands, or a particular part of
the boundary thereof only upon a showing by the applicant therefor of
good cause for such [more precise] delineation and the establishment of
such [more precise] line.
[8.] 3. The supervision of the maintenance of any freshwater wetlands
map or portion thereof applicable to wetlands within the Adirondack
park, the readjustment and precise delineation of wetland boundary lines
and the other functions and duties ascribed to the commissioner by
subdivisions [six and seven] ONE AND TWO of this section shall be
performed by the Adirondack park agency, which shall make such maps
available [for public inspection and examination at its headquarters] ON
THE AGENCY'S WEBSITE.
§ 4. Subdivisions 1 and 4 of section 24-0701 of the environmental
conservation law, subdivision 1 as amended by chapter 654 of the laws of
1977 and subdivision 4 as amended by chapter 697 of the laws of 1979,
are amended to read as follows:
1. [After issuance of the official freshwater wetlands map of the
state, or of any selected section or region thereof, any] ANY person
desiring to conduct on freshwater wetlands [as so designated thereon]
S. 7508 164 A. 9508
any of the regulated activities set forth in subdivision two of this
section must obtain a permit as provided in this title.
4. [The] ON LANDS IN ACTIVE AGRICULTURAL USE, THE activities of farm-
ers and other landowners in grazing and watering livestock, making
reasonable use of water resources, harvesting natural products of the
wetlands, selectively cutting timber, draining land or wetlands for
growing agricultural products and otherwise engaging in the use of
wetlands or other land for growing agricultural products shall be
excluded from regulated activities and shall not require a permit under
subdivision one [hereof] OF THIS SECTION, except that structures not
required for enhancement or maintenance of the agricultural productivity
of the land and any filling activities shall not be excluded hereunder,
and provided that the use of land [designated as a freshwater wetland
upon the freshwater wetlands map at the effective date thereof] THAT
MEETS THE DEFINITION OF A FRESHWATER WETLAND IN SECTION 24-0107 OF THIS
ARTICLE for uses other than those referred to in this subdivision shall
be subject to the provisions of this article.
§ 5. Subdivision 5 of section 24-0703 of the environmental conserva-
tion law, as amended by section 38 of part D of chapter 60 of the laws
of 2012, is amended to read as follows:
5. [Prior to the promulgation of the final freshwater wetlands map in
a particular area and the implementation of a freshwater wetlands
protection law or ordinance, no person shall conduct, or cause to be
conducted, any activity for which a permit is required under section
24-0701 of this title on any freshwater wetland unless he has obtained a
permit from the commissioner under this section.] Any person may inquire
of the department as to whether or not a given parcel of land [will be
designated] INCLUDES a freshwater wetland subject to regulation. The
department shall give a definite answer in writing within [thirty] SIXTY
days of such request as to [whether] THE STATUS OF such parcel [will or
will not be so designated]. Provided that, in the event that weather or
ground conditions prevent the department from making a determination
within [thirty] SIXTY days, it may extend such period until a determi-
nation can be made. Such answer in the affirmative shall be reviewable;
such an answer in the negative shall be a complete defense to the
enforcement of this article as to such parcel of land. [The commissioner
may by regulation adopted after public hearing exempt categories or
classes of wetlands or individual wetlands which he determines not to be
critical to the furtherance of the policies and purposes of this arti-
cle.]
§ 6. Subdivision 1 of section 24-0901 of the environmental conserva-
tion law, as added by chapter 614 of the laws of 1975, is amended to
read as follows:
1. [Upon completion of the freshwater wetlands map, the] THE commis-
sioner shall confer with local government officials in each region in
which the inventory has been conducted to establish a program for the
protection of the freshwater wetlands of the state.
§ 7. Subdivisions 1 and 5 of section 24-0903 of the environmental
conservation law, as added by chapter 614 of the laws of 1975, are
amended to read as follows:
1. [Upon completion of the freshwater wetlands map of the state, or of
any selected section or region thereof, the] THE commissioner shall
[proceed to] classify freshwater wetlands [so designated thereon] REGU-
LATED PURSUANT TO SECTION 24-0701 OF THIS ARTICLE according to their
most appropriate uses, in light of the values set forth in section
24-0105 of this article and the present conditions of such wetlands. The
S. 7508 165 A. 9508
commissioner shall determine what uses of such wetlands are most compat-
ible with the foregoing and shall prepare minimum land use regulations
to permit only such compatible uses. The classifications may cover
freshwater wetlands in more than one governmental subdivision. Permits
pursuant to section 24-0701 of this article are required whether or not
a classification has been promulgated.
5. Prior to the adoption of any land use regulations governing fresh-
water wetlands, the commissioner shall hold a public hearing thereon in
the area in which the affected freshwater wetlands are located, and give
fifteen days prior notice thereof by POSTING ON THE DEPARTMENT'S WEBSITE
OR BY publication at least once in a newspaper having general circu-
lation in the area of the local government involved. The commissioner
shall promulgate the regulations within thirty days of such hearing and
POST SUCH ORDER ON THE DEPARTMENT'S WEBSITE OR publish such order [at
least once] in a newspaper having general circulation in the area of the
local government affected and make such plan available for public
inspection and review; such order shall not take effect until thirty
days after the filing thereof with the clerk of the county in which such
wetland is located.
§ 8. Subdivisions 2 and 3 of section 34-0104 of the environmental
conservation law, as added by chapter 841 of the laws of 1981, are
amended to read as follows:
2. Upon completion of a preliminary identification of an erosion
hazard area, the commissioner or his designated hearing officer shall
hold a public hearing in a place reasonably accessible to residents of
the affected area in order to afford an opportunity for any person to
propose changes in such preliminary identification. The commissioner
shall [give notice of such hearing to each owner of record, as shown on
the latest completed tax assessment rolls, of lands included within such
area, and also to the chief executive officer and clerk of each local
government within the boundaries of which any portion of such area may
be located, by certified mail at least thirty days prior to the date set
for such hearing, and shall] insure that a copy of the preliminary iden-
tification is available for public inspection at a convenient location
[in such local government]. The commissioner shall also cause notice of
such hearing to be published at least once, not more than thirty days
nor fewer than ten days before the date set for such hearing, in at
least one newspaper having general circulation in the area involved and
in the environmental notice publication provided for under section
3-0306 of this chapter.
3. After considering the testimony given at such hearings and the
potential erosion hazard in accordance with the purposes and policies of
this article, and after consultation with affected local governments,
the commissioner shall issue the final identification of the erosion
hazard areas. Such final identification shall not be made less than
sixty days from the date of the public hearing required by subdivision
two hereof. A copy of such final identification shall be filed in the
office of the clerk of each local government in which such area or any
portion thereof is located. Notice [that such final identification has
been made shall be given each owner of lands included within the erosion
hazard area, as such ownership is shown on the latest completed tax
assessment rolls, by certified mail in any case where a notice by certi-
fied mail was not sent pursuant to subdivision two of this section, and
in all other cases by first class mail. Such notice] shall also be given
at such time to the chief executive officer of each local government
S. 7508 166 A. 9508
within the boundaries of which such erosion hazard area or any portion
thereof is located.
§ 9. Paragraphs (a) and (b) of subdivision 8 of section 70-0117 of the
environmental conservation law, as added by section 1 of part AAA of
chapter 59 of the laws of 2009, are amended to read as follows:
(a) All persons required to obtain a permit from the department pursu-
ant to section 24-0701 of this chapter shall submit to the department an
application fee in an amount [not to exceed the following:
(i) fifty dollars per application for a permit for a minor project as
defined in this article or modification to any existing permit issued
pursuant to section 24-0701 of this chapter;
(ii) fifty dollars per application for a permit for a residential
project defined as associated with one single family dwelling and
customary appurtenances thereto;
(iii) one hundred dollars per application for multiple family dwelling
and customary appurtenances thereto;
(iv) two hundred dollars per application for a permit for any other
project as defined in this article] SPECIFIED IN REGULATIONS PROMULGATED
BY THE DEPARTMENT.
(b) All persons required to obtain a permit from the department pursu-
ant to section 25-0402 of this chapter shall submit to the department an
application fee in an amount [not to exceed the following:
(i) two hundred dollars per application for a permit for a minor
project as defined in this article or modification to any existing
permit issued pursuant to section 25-0402 of this chapter;
(ii) nine hundred dollars per application for a permit for a project
as defined in this article] SPECIFIED IN REGULATIONS PROMULGATED BY THE
DEPARTMENT.
§ 10. Paragraph (c) of subdivision 8 of section 70-0117 of the envi-
ronmental conservation law, as added by section 1 of part AAA of chapter
59 of the laws of 2009, is amended to read as follows:
(c) [All fees] FEES collected pursuant to [this] PARAGRAPH (A) OF THIS
subdivision shall be deposited [into the environmental protection fund
pursuant to section ninety-two-s of the state finance law] TO THE CREDIT
OF THE CONSERVATION FUND. FEES COLLECTED PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION SHALL BE DEPOSITED TO THE CREDIT OF THE MARINE
RESOURCES ACCOUNT OF THE CONSERVATION FUND.
(D) APPLICATION FEES REQUIRED PURSUANT TO THIS SUBDIVISION WILL NOT BE
REQUIRED FOR ANY STATE DEPARTMENT.
§ 11. The title heading of title 25 of article 71 of the environmental
conservation law, as added by chapter 182 of the laws of 1975, is
amended to read as follows:
ENFORCEMENT OF ARTICLE 25 AND ARTICLE 34
§ 12. Section 71-2501 of the environmental conservation law, as added
by chapter 182 of the laws of 1975, is amended to read as follows:
§ 71-2501. Applicability of this title.
The provisions of this title shall be applicable to the enforcement of
article twenty-five AND ARTICLE THIRTY-FOUR.
§ 13. Subdivisions 1 and 2 of section 71-2503 of the environmental
conservation law, as amended by chapter 666 of the laws of 1989, are
amended to read as follows:
1. Administrative sanctions.
a. Any person who violates, disobeys or disregards any provision of
article twenty-five OR ARTICLE THIRTY-FOUR shall be liable to the people
of the state for a civil penalty of not to exceed ten thousand dollars
S. 7508 167 A. 9508
for every such violation, to be assessed, after a hearing or opportunity
to be heard, by the commissioner. Each violation shall be a separate and
distinct violation and, in the case of a continuing violation, each
day's continuance thereof shall be deemed a separate and distinct
violation. The penalty may be recovered in an action brought by the
commissioner in any court of competent jurisdiction. Such civil penalty
may be released or compromised by the commissioner before the matter has
been referred to the attorney general; and where such matter has been
referred to the attorney general, any such penalty may be released or
compromised and any action commenced to recover the same may be settled
and discontinued by the attorney general with the consent of the commis-
sioner.
b. Upon determining that significant damage to the functions and bene-
fits of tidal wetlands OR COASTAL EROSION HAZARD AREAS is occurring or
is imminent as a result of any violation of article twenty-five OR ARTI-
CLE THIRTY-FOUR, including but not limited to (i) activity taking place
requiring a permit under article twenty-five OR ARTICLE THIRTY-FOUR but
for which no permit has been granted or (ii) failure on the part of a
permittee to adhere to permit conditions, the commissioner shall have
power to direct the violator to cease and desist from violating the act.
In such cases the violator shall be provided an opportunity to be heard
within ten days of receipt of the notice to cease and desist.
c. Following a hearing held pursuant to section 71-1709 of this arti-
cle, the commissioner shall have power to direct the violator to cease
and desist from violating the act and to restore the affected tidal
wetland or area immediately adjacent thereto OR COASTAL EROSION HAZARD
AREAS to its condition prior to the violation, insofar as that is possi-
ble within a reasonable time and under the supervision of the commis-
sioner. Any order of the commissioner shall be enforceable in an action
brought by the commissioner in any court of competent jurisdiction. Any
civil penalty or order issued by the commissioner under this subdivision
shall be reviewable in a proceeding under article seventy-eight of the
civil practice law and rules.
2. Criminal sanctions. Any person who violates any provision of arti-
cle twenty-five OR ARTICLE THIRTY-FOUR shall, in addition, for the first
offense, be guilty of a violation punishable by a fine of not less than
five hundred nor more than five thousand dollars; for a second and each
subsequent offense such person shall be guilty of a misdemeanor punisha-
ble by a fine of not less than one thousand nor more than ten thousand
dollars or a term of imprisonment of not less than fifteen days nor more
than six months or both. In addition to or instead of these punishments,
any offender shall be punishable by being ordered by the court to
restore the affected tidal wetland or area immediately adjacent thereto
OR COASTAL EROSION HAZARD AREAS to its condition prior to the offense,
insofar as that is possible. The court shall specify a reasonable time
for the completion of the restoration, which shall be effected under the
supervision of the commissioner. Each offense shall be a separate and
distinct offense and, in the case of a continuing offense, each day's
continuance thereof shall be deemed a separate and distinct offense.
§ 14. Section 71-2505 of the environmental conservation law, as
amended by chapter 249 of the laws of 1997, is amended to read as
follows:
§ 71-2505. Enforcement.
The attorney general, on his OR HER own initiative or at the request
of the commissioner, shall prosecute persons who violate article twen-
ty-five OR ARTICLE THIRTY-FOUR. In addition the attorney general, on
S. 7508 168 A. 9508
his OR HER own initiative or at the request of the commissioner, shall
have the right to recover a civil penalty of up to ten thousand dollars
for every violation of any provision of such [article] ARTICLES, and to
seek equitable relief to restrain any violation or threatened violation
of such [article] ARTICLES and to require the restoration of any
affected tidal wetland or area immediately adjacent thereto OR COASTAL
EROSION HAZARD AREA to its condition prior to the violation, insofar as
that is possible, within a reasonable time and under the supervision of
the commissioner. In the case of a continuing violation, each day's
continuance thereof shall be deemed a separate and distinct violation.
§ 15. Section 71-2507 of the environmental conservation law, as added
by chapter 182 of the laws of 1975, is amended to read as follows:
§ 71-2507. Pollution of tidal wetlands OR COASTAL EROSION HAZARD AREA.
Where any tidal wetlands OR COASTAL EROSION HAZARD AREA are subject to
pollution, the commissioner and attorney general shall take all appro-
priate action to abate the pollution. In addition, the commissioner may
restrict or order cessation of solid waste disposal, deep well disposal,
or liquid waste disposal where such is polluting a given area of tidal
wetland OR COASTAL EROSION HAZARD AREA. Where pesticides, chemical
products, or fertilizer residues are the polluting agents, the commis-
sioner shall confer with other appropriate public officials to limit the
use of such substances at their source; after appropriate consultations,
the commissioner may make such rules and regulations as he deems neces-
sary under section 3-0301 of [the environmental conservation law] THIS
CHAPTER.
§ 16. This act shall take effect immediately, provided, however, that
sections one, two, three, four, five, six, seven, eight and nine of this
act shall take effect on January 1, 2022, except that any rule or regu-
lation necessary for the timely implementation of this act on its effec-
tive date shall be promulgated on or before such date.
PART UU
Section 1. This act enacts into law components of legislation which
are necessary to implement legislation relating to the Bay Park Convey-
ance Project. Each component is wholly contained within a Subpart iden-
tified as Subparts A through C. The effective date for each particular
provision contained within such Subpart is set forth in the last section
of such Subpart. Any provision in any section contained within a
Subpart, including the effective date of the Subpart, which makes a
reference to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section three of
this act sets forth the general effective date of this act.
SUBPART A
Section 1. The county of Nassau, is hereby authorized, acting by and
through the county legislature of such county, and the department of
environmental conservation, acting by and through the commissioner of
such department or his or her designee, for the purpose of constructing,
operating, maintaining and repairing a sub-surface sewer main, are here-
by authorized to establish (a) permanent easements upon and under the
parklands described in sections four, five, seven, eight, ten and eleven
of this act, and (b) temporary easements upon and under the parklands
described in sections three, six, and nine of this act. Authorization
S. 7508 169 A. 9508
for the temporary easements described in sections three, six, and nine
of this act shall cease upon the completion of the construction of such
sewer main, at which time the department of environmental conservation
shall restore the surface of the parklands disturbed and the parklands
shall continue to be used for park purposes as they were prior to the
establishment of such temporary easements. Authorization for the perma-
nent easements described in sections four, five, seven, eight, ten and
eleven of this act shall require that the department of environmental
conservation restore the surface of the parklands disturbed and the
parklands shall continue to be used for park purposes as they were prior
to the establishment of the permanent easements.
§ 2. The authorization granted in section one of this act shall be
effective only upon the condition that the county of Nassau dedicate an
amount equal to or greater than the fair market value of the permanent
and temporary easements being conveyed and the temporary alienation
pursuant to section one of this act to the acquisition of new parklands
and/or capital improvements to existing park and recreational facili-
ties.
§ 3. TEMPORARY EASEMENT - Force main shaft construction area. Park-
land upon and under which a temporary easement may be established pursu-
ant to subdivision (b) of section one of this act is described as all
that certain plot, piece or parcel of land with buildings and improve-
ments thereon erected, situate, lying and being located at Bay Park,
Town of Hempstead, County of Nassau and State of New York being more
particularly bounded and described as follows: beginning at a point on
the northerly line of the Nassau County Sewage Treatment Plant property,
said Point of Beginning being South 68°00' East, as measured along
northerly line of said sewage treatment plant, 543 feet plus or minus,
from the intersection of the northerly line Nassau County Sewage Treat-
ment Plant with the westerly side of Compton Street; running thence
South 68°00' East, along the northerly line of said sewage treatment
plant, 247 feet plus or minus; thence South 07°04' West 196 feet plus or
minus; thence North 78°37' West 33 feet plus or minus; thence North
06°10' East 105 feet plus or minus; thence North 30°53' West 56 feet
plus or minus; thence North 64°27' West 190 feet plus or minus; thence
North 20°21' East 49 feet plus or minus, to the northerly line of the
Nassau County Sewage Treatment Plant, at the Point of Beginning.
Containing within said bounds 19,700 square feet plus or minus. The
above described temporary easement is for the construction of a thirty-
foot diameter access shaft. The location of said access shaft is more
particularly described in section four of this act. Said parcel being
part of property designated as Section: 42 Block: A Lots: 50, 57 on the
Nassau County Land and Tax Map.
§ 4. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Bay Park, Town of Hemp-
stead, County of Nassau and State of New York being more particularly
bounded and described as follows: a circular easement with a radius of
15 feet, the center of said circle being the following three (3) courses
from the intersection of the northerly line of the Nassau County Sewage
Treatment Plant with the westerly side of Compton Street: running thence
South 68°00' East, along the northerly line of said sewage treatment
plant, 581 feet plus or minus to the centerline of the permanent ease-
ment for a force main described in section five of this act; thence
S. 7508 170 A. 9508
South 21°34' West, along said centerline, 17 feet plus or minus; thence
South 14°28' West, continuing along said centerline, 1,439 feet plus or
minus, to the center of the herein described circular easement. Contain-
ing within said bound 707 square feet plus or minus. Said permanent
easement is for an access shaft that extends from the surface of the
ground to an approximate depth of 70 feet. Any permanent surface
improvements for cathodic protection, if necessary, would be flush with
the ground surface or integrated into site landscaping. Said parcel
being part of property designated as Section: 42 Block: A Lots: 50, 57
on the Nassau County Land and Tax Map.
§ 5. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Bay Park, Town of Hemp-
stead, County of Nassau and State of New York being a 20-foot wide strip
of land more particularly bounded and described as follows: beginning at
a point on the northerly line of the Nassau County Sewage Treatment
Plant property, said Point of Beginning being South 68°00' East, as
measured along northerly line of said sewage treatment plant, 571 feet
plus or minus, from the intersection of the northerly line Nassau County
Sewage Treatment Plant with the westerly side of Compton Street; running
thence South 68°00' East, along the northerly line of said sewage treat-
ment plant, 20 feet plus or minus; thence South 21°34' West 17 feet plus
or minus; thence South 14°28' West 1,463 feet plus or minus; thence
North 75°32' West 20 feet plus or minus; thence North 14°28' East 1,464
feet plus or minus; thence North 21°34' East 18 feet plus or minus, to
the northerly line of the Nassau County Sewage Treatment Plant, at the
Point of Beginning. Containing within said bounds 29,600 square feet.
The above described permanent easement is for the construction and oper-
ation of a six-foot diameter force main at a minimum depth of fifteen
feet below the ground surface. Said parcel being part of property desig-
nated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and
Tax Map.
§ 6. TEMPORARY EASEMENT - Force main shaft construction area. Park-
land upon and under which a temporary easement may be established pursu-
ant to subdivision (b) of section one of this act is described as all
that certain plot, piece or parcel of land with buildings and improve-
ments thereon erected, situate, lying and being located at the hamlet of
Wantagh, Town of Hempstead, County of Nassau and State of New York being
more particularly bounded and described as follows: beginning at a point
on the northwesterly line of the herein described temporary easement for
the force main shaft construction area, said Point of Beginning being
more particularly described as commencing at the intersection of the
southerly side of Sunrise Highway Street with the southeasterly side of
Lakeview Road; running thence southerly along the southeasterly side of
Lakeview Road 243 feet plus or minus, to the centerline of the permanent
subsurface easement for force main described in section eight of this
act; thence South 60°06' East, along said centerline, 25 feet plus or
minus, to the northwesterly line of the temporary easement for the force
main shaft construction area, at the Point of Beginning. Running thence
North 39°06' East 111 feet plus or minus; thence South 55°47' East 70
feet plus or minus; thence South 38°42' West 240 feet plus or minus;
thence North 54°11' West 72 feet plus or minus; thence North 39°06' East
127 feet plus or minus, to the Point of Beginning. Containing within
said bounds 16,900 square feet plus or minus. The above described tempo-
S. 7508 171 A. 9508
rary easement is for the construction of a thirty-foot diameter access
shaft. The location of said access shaft is more particularly described
in section seven of this act. Said parcel being part of property desig-
nated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax
Map.
§ 7. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Hamlet of Wantagh, Town of
Hempstead, County of Nassau and State of New York being more particular-
ly bounded and described as follows: a circular easement with a radius
of 15 feet, the center of said circle being the following two (2) cours-
es from the intersection of the southerly side of Sunrise Highway with
the southeasterly side of Lakeview Road: Southerly along the southeast-
erly side of Lakeview Road 243 feet plus or minus, to the centerline of
the permanent subsurface easement for force main, described in section
eight of this act; South 60°06' East, along said centerline, 51 feet
plus or minus, to the center of the herein described circular easement.
Containing within said bounds a surface area of 707 square feet plus or
minus. Said permanent easement is for an access shaft that extends from
the surface of the ground to an approximate depth of 70 feet. Any perma-
nent surface improvements for cathodic protection, if necessary, would
be flush with the ground surface or integrated into site landscaping.
Said parcel being part of property designated as Section: 56 Block: Y
Lot: 259 on the Nassau County Land and Tax Map.
§ 8. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at the Hamlet of Wantagh, Town
of Hempstead, County of Nassau and State of New York being a 20-foot
wide strip of land more particularly bounded and described as follows:
beginning at a point on the southeasterly side of Lakeview Road, said
Point of Beginning being southwesterly 222 feet plus or minus, as meas-
ured along the southeasterly side of Lakeview Road from the intersection
of the southerly side of Sunrise Highway with the southeasterly side of
Lakeview Road; thence South 60°06' East 49 feet plus or minus; thence
South 32°15' East 1,759 feet plus or minus; thence South 16°16' West 53
feet plus or minus; thence North 32°15' West 1,785 feet plus or minus;
thence North 60°06' West 53 feet plus or minus, to the southeasterly
side of Lakeview Road; thence North 48°13' East, along the southeasterly
side of Lakeview Road, 42 feet plus or minus, to the Point of Beginning.
Containing within said bounds 72,900 square feet plus or minus. The
above described permanent easement is for the construction and operation
of a six-foot diameter force main at a minimum depth of fifteen feet
below the ground surface. Said parcel being part of property designated
as Section: 56 Block: Y Lots: 259 on the Nassau County Land and Tax Map.
§ 9. TEMPORARY EASEMENT - Force main shaft construction area. Park-
land upon and under which a temporary easement may be established pursu-
ant to subdivision (b) of section one of this act is described as all
that certain plot, piece or parcel of land with buildings and improve-
ments thereon erected, situate, lying and being located at the hamlet of
Wantagh, Town of Hempstead, County of Nassau and State of New York being
more particularly bounded and described as follows: beginning at a point
on the northerly line of the herein described temporary easement for the
S. 7508 172 A. 9508
force main shaft construction area, said Point of Beginning being more
particularly described as commencing at the intersection of the souther-
ly side of Byron Street with the easterly side of Wantagh Parkway;
running thence southerly along the easterly side of Wantagh Parkway 319
feet plus or minus, to the centerline of the permanent subsurface ease-
ment for force main, described in section eleven of this act; thence
South 19°15' East, along said centerline, 257 feet plus or minus, to the
northerly line of the temporary easement for the force main shaft
construction area, at the Point of Beginning. Running thence North
87°25' East 122 feet plus or minus; thence south 33°56' East 68 feet
plus or minus; thence South 04°43' East 54 feet plus or minus; thence
South 86°38' West 78 feet plus or minus; thence South 02°20' East 83
feet plus or minus; thence South 47°04' West 103 feet plus or minus;
thence South 86°22' West 28 feet plus or minus; thence North 08°39' West
264 feet plus or minus; thence North 87°25' East 53 feet plus or minus,
to the Point of Beginning. Containing within said bounds 36,500 square
feet plus or minus. The above described temporary easement is for the
construction of a thirty-foot diameter access shaft. The location of
said access shaft is more particularly described in section ten of this
act. Said parcel being part of property designated as Section: 63 Block:
261 Lots: 765G, 818A (Part of Cedar Creek Park) on the Nassau County
Land and Tax Map.
§ 10. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Hamlet of Wantagh, Town of
Hempstead, County of Nassau and State of New York being more particular-
ly bounded and described as follows: a circular easement with a radius
of 15 feet, the center of said circle being the following two (2) cours-
es from the intersection of the southerly side of Byron Street with the
easterly side of Wantagh Parkway: Southerly along the easterly side of
Wantagh Parkway 319 feet plus or minus, to the centerline of the perma-
nent subsurface easement for force main, described in section eleven of
this act; thence South 19°15' East, along said centerline, 315 feet plus
or minus, to the center of the herein described circular easement.
Containing within said bounds a surface area of 707 square feet plus or
minus. Said permanent easement is for an access shaft that extends from
the surface of the ground to an approximate depth of 70 feet. Any perma-
nent surface improvements for cathodic protection, if necessary, would
be flush with the ground surface or integrated into site landscaping.
Said parcel being part of property designated as Section: 63 Block: 261
Lots: 765G, 818A (Part of Cedar Creek Park) on the Nassau County Land
and Tax Map.
§ 11. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at the Hamlet of Wantagh, Town
of Hempstead, County of Nassau and State of New York being a 20-foot
wide strip of land more particularly bounded and described as follows:
beginning at a point on the easterly side of Wantagh Parkway, said Point
of Beginning being southerly 285 feet plus or minus, as measured along
the easterly side of Wantagh Parkway from the intersection of the south-
erly side of Byron Street with the easterly side of Wantagh Parkway;
running thence South 19°15' East 349 feet plus or minus; thence South
S. 7508 173 A. 9508
02°17' East 1,882 feet plus or minus; thence South 09°25' East 1,202
feet plus or minus; thence South 80°35' West 20 feet plus or minus;
thence North 09°25' West 1,203 feet plus or minus; thence North 02°17'
West 1,880 feet plus or minus; thence North 19°15' West 281 feet plus or
minus, to the easterly side of Wantagh Parkway; thence North 02°09'
West, along the easterly side of Wantagh Parkway, 68 feet plus or minus,
to the Point of Beginning. Containing within said bounds 68,000 square
feet plus or minus. The above described permanent easement is for the
construction and operation of a six-foot diameter force main at a mini-
mum depth of fifteen feet below the ground surface. Said parcel being
part of property designated as Section: 63 Block: 261 Lots: 765G, 818A
(Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
§ 12. In the event that the county of Nassau received any funding
support or assistance from the federal government for the purchase,
maintenance, or improvement of the parklands set forth in sections three
through eleven of this act, the discontinuance and alienation of such
parklands authorized by the provisions of this act shall not occur until
the county of Nassau has complied with any applicable federal require-
ments pertaining to the alienation or conversion of parklands, including
satisfying the secretary of the interior that the alienation or conver-
sion complies with all conditions which the secretary of the interior
deems necessary to assure the substitution of other lands shall be
equivalent in fair market value and usefulness to the lands being alien-
ated or converted.
§ 13. This act shall take effect immediately.
SUBPART B
Section 1. The village of East Rockaway, in the county of Nassau, is
hereby authorized, acting by and through the village board of such
village, and the department of environmental conservation, acting by and
through the commissioner of such department or his or her designee, for
the purpose of constructing, operating, maintaining and repairing a
sub-surface sewer main, are hereby authorized to establish (a) permanent
easements upon and under the parklands described in sections four and
five of this act, and (b) a temporary easement upon and under the park-
lands described in section three of this act. Authorization for the
temporary easement described in section three of this act shall cease
upon the completion of the construction of the sewer main, at which time
the department of environmental conservation shall restore the surface
of the parklands disturbed and the parklands shall continue to be used
for park purposes as they were prior to the grant of the temporary ease-
ment. Authorization for the permanent easements described in sections
four and five of this act shall require that the department of environ-
mental conservation restore the surface of the parklands disturbed and
the parklands shall continue to be used for park purposes as they were
prior to the establishment of the permanent easements.
§ 2. The authorization provided in section one of this act shall be
effective only upon the condition that the village of East Rockaway
dedicate an amount equal to or greater than the fair market value of the
permanent and temporary easements being conveyed and the temporary
alienation pursuant to section one of this act to the acquisition of new
parklands and/or capital improvements to existing park and recreational
facilities within the Village of East Rockaway.
§ 3. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park-
land upon and under which a temporary easement may be established pursu-
S. 7508 174 A. 9508
ant to subdivision (b) of section one of this act is described as
follows: all that certain plot, piece or parcel of land with buildings
and improvements thereon erected, situate, lying and being located at
Incorporated Village of East Rockaway, and the Hamlet of Oceanside, Town
of Hempstead, County of Nassau and State of New York being more partic-
ularly bounded and described as follows: beginning at a point on the
westerly line of the herein described temporary easement for the force
main shaft construction area, said Point of Beginning being more partic-
ularly described as commencing at the intersection of the northeasterly
side of Long Island Railroad right-of-way with the easterly side of
Ocean Avenue; running thence North 12°34' East, along the easterly side
of Ocean Avenue, 92 feet plus or minus, to the northerly line of proper-
ty designated as Section 38 Block E Lot 14, on the Nassau County Land
and Tax Map; thence South 74°46' East, partly along said northerly line,
206 feet plus or minus, to the westerly line of the temporary easement,
at the Point of Beginning. Running thence North 15°34' East 49 feet plus
or minus; thence South 67°33' East 238 feet plus or minus; thence South
07°07' West 31 feet plus or minus; thence South 86°06' West 161 feet
plus or minus; thence South 64°59' West 117 feet plus or minus; thence
North 15°34' East 140 feet plus or minus, to the Point of Beginning.
Containing within said bounds 23,000 square feet plus or minus. The
above described temporary easement is for the construction of a thirty-
foot diameter access shaft. The location of said access shaft is more
particularly described in section four of this act. Said parcel being
part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A,
21B on the Nassau County Land and Tax Map.
§ 4. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Incorporated Village of
East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of
Nassau and State of New York being more particularly bounded and
described as follows: a circular easement with a radius of 15 feet, the
center of said circle being the following three (3) courses from the
intersection of the northeasterly side of Long Island Railroad right-of-
way with the easterly side of Ocean Avenue; North 12°34' East, along the
easterly side of Ocean Avenue, 92 feet plus or minus, to the northerly
line of property designated as Section 38 Block E Lot 14 on the Nassau
County Land and Tax Map; South 74°46' East, partly along the said north-
erly line, 333 feet plus or minus, to the centerline of the subsurface
easement for force main described in section five of this act; thence
South 19°04' West, along said centerline, 16 feet plus or minus, to the
center of the herein described circular easement. Containing within said
bounds a surface area of 707 square feet plus or minus. Said permanent
easement is for an access shaft that extends from the surface of the
ground to an approximate depth of 70 feet. Any permanent surface
improvements for cathodic protection, if necessary, would be flush with
the ground surface or integrated into site landscaping. Said parcel
being part of property designated as Section: 38, Block: E, Lots: 12,
14, 21A, 21B on the Nassau County Land and Tax Map.
§ 5. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Incorporated Village of
S. 7508 175 A. 9508
East Rockaway, and the Hamlet of Oceanside, County of Nassau and State
of New York being a 20-foot wide strip of land more particularly bounded
and described as follows: beginning at a point on the westerly line of
the herein described permanent subsurface easement, said Point of Begin-
ning being more particularly described as commencing at the intersection
of the northeasterly side of Long Island Railroad right-of-way with the
easterly side of Ocean Avenue; running thence North 12°34' East, along
the easterly side of Ocean Avenue, 92 feet plus or minus, to the north-
erly line of property designated as Section 38 Block E Lot 14 on the
Nassau County Land and Tax Map; thence South 74°46' East, partly along
the said northerly line, 323 feet plus or minus, to the westerly line of
the permanent easement, at the Point of Beginning. Running thence North
19°04' East 73 feet plus or minus, to the northerly line of property
designated as Section 38 Block E Lot 21A on the Nassau County Land and
Tax Map; thence South 60°10' East, along said northerly line, 20 feet
plus or minus; thence South 19°04' West 82 feet plus or minus; thence
South 15°40' East 116 feet plus or minus, to the south line of property
designated as Section 38 Block E Lot 21A on the Nassau County Land and
Tax Map; thence North 88°09' West 21 feet plus or minus; thence North
15°40' West 116 feet plus or minus; thence North 19°04' East 19 feet
plus or minus, to the Point of Beginning. Containing within said bounds
4,100 square feet plus or minus. The above described permanent easement
is for the construction and operation of a six-foot diameter force main
at a minimum depth of fifteen feet below the ground surface. Said parcel
being part of property designated as Section: 38, Block: E, Lots: 12,
14, 21A, 21B on the Nassau County Land and Tax Map.
§ 6. In the event that the village of East Rockaway received any fund-
ing support or assistance from the federal government for the purchase,
maintenance, or improvement of the parklands set forth in sections three
through five of this act, the discontinuance and alienation of such
parklands authorized by the provisions of this act shall not occur until
the village of East Rockaway has complied with any applicable federal
requirements pertaining to the alienation or conversion of parklands,
including satisfying the secretary of the interior that the alienation
or conversion complies with all conditions which the secretary of the
interior deems necessary to assure the substitution of other lands shall
be equivalent in fair market value and usefulness to the lands being
alienated or converted.
§ 7. This act shall take effect immediately.
SUBPART C
Section 1. The village of Rockville Centre, in the county of Nassau,
acting by and through the board of trustees of such village, and the
department of environmental conservation, acting by and through the
commissioner of such department or his or her designee, for the purpose
of constructing, operating, maintaining and repairing a sub-surface
sewer main, are hereby authorized to establish (a) permanent easements
upon and under the parklands described in sections three, four and six
of this act, and (b) temporary easements upon and under the parklands
described in sections five and seven of this act. Authorization for the
temporary easements described in sections five and seven of this act
shall cease upon the completion of the construction of the sewer main,
at which time the department of environmental conservation shall restore
the surface of the parklands disturbed and the parklands shall continue
to be used for park purposes as they were prior to the grant of the
S. 7508 176 A. 9508
temporary easements. Authorization for the permanent easements described
in sections three, four and six of this act shall require that the
department of environmental conservation restore the surface of the
parklands disturbed and the parklands shall continue to be used for park
purposes as they were prior to the establishment of the permanent ease-
ments.
§ 2. The authorization provided in section one of this act shall be
effective only upon the condition that the village of Rockville Centre
dedicate an amount equal to or greater than the fair market value of the
permanent and temporary easements being conveyed and the temporary
alienation pursuant to section one of this act to the acquisition of new
parklands and/or capital improvements to existing park and recreational
facilities within the village of Rockville Centre.
§ 3. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Incorporated Village of
East Rockaway, and the Incorporated Village of Rockville Centre, Town of
Hempstead, County of Nassau and State of New York, being a 20-foot wide
strip of land more particularly bounded and described as follows: the
Point of Beginning being at the intersection of the northerly side of
Mill River Avenue with the easterly side of Riverside Road; running
thence northerly along the easterly side of Riverside Road 346 feet plus
or minus; thence South 13°01' West 346 feet plus or minus, to the north-
erly side of Mill River Avenue; thence westerly along the northerly side
of Mill River Avenue, 17 feet plus or minus, to the easterly side of
Riverside Road, at the Point of Beginning. Containing within said bounds
3,100 square feet plus or minus. The above described permanent easement
is for the construction and operation of a six-foot diameter force main
at a minimum depth of fifteen feet below the ground surface. Said parcel
being part of property designated as Section: 38 Block: 136 Lots: 231 on
the Nassau County Land and Tax Map.
§ 4. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Incorporated Village of
Rockville Centre, Incorporated Village of East Rockaway, and Incorpo-
rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
of New York being more particularly bounded and described as a circular
easement with a radius of 15 feet, the center of said circle being the
following two (2) courses from the intersection of the northerly side of
Park Avenue with the easterly side of Oxford Road: Easterly along the
northerly side of Park Avenue, 203 feet plus or minus, to the centerline
of the permanent subsurface easement for force main described in section
six of this act; North 13°01' East, along said centerline, 953 feet plus
or minus, to the center of the herein described circular easement.
Containing within said bounds a surface area of 707 square feet plus or
minus. Said permanent easement is for an access shaft that extends from
the surface of the ground to an approximate depth of 70 feet. Any perma-
nent surface improvements for cathodic protection, if necessary, would
be flush with the ground surface or integrated into site landscaping.
Said parcel being part of property designated as Section: 38 Block: F
Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A, 50B, 50C on
the Nassau County Land and Tax Map.
S. 7508 177 A. 9508
§ 5. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park-
land upon and under which a temporary easement may be established pursu-
ant to subdivision (b) of section one of this act is described as all
that certain plot, piece or parcel of land with buildings and improve-
ments thereon erected, situate, lying and being located at Incorporated
Village of Rockville Centre, Incorporated Village of East Rockaway, and
Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau
and State of New York being more particularly bounded and described as
follows: Beginning at a point on the southerly side of the herein
described temporary easement for the force main shaft construction area,
said Point of Beginning being more particularly described as commencing
at the intersection of the northerly side of Park Avenue with the east-
erly side of Oxford Road; running thence easterly along the northerly
side of Park Avenue, 203 feet plus or minus, to the centerline of the
permanent subsurface easement for force main described in section six of
this act; thence North 13°01' East, along said centerline, 920 feet plus
or minus, to the southerly line of the temporary easement, at the Point
of Beginning. Running thence North 76°19' West 136 feet plus or minus,
to the easterly terminus of Merton Avenue (unopened); thence North
76°19' West, through the unopened part of Merton Avenue, 48 feet plus or
minus; thence North 14°49' East 5' feet plus or minus, to the northerly
side of Merton Avenue; thence North 14°49' East 27' feet plus or minus;
thence South 76°29' East 66 feet plus or minus; thence North 36°47' East
61 feet plus or minus; thence North 78°41' East 145 feet plus or minus;
thence South 65°54' East 46 feet plus or minus; thence South 29°39' West
147 feet plus or minus; thence North 76°19' West 42 feet plus or minus,
to the Point of Beginning. Containing within said bounds 22,800 square
feet plus or minus. The above described temporary easement is for the
construction of a thirty-foot diameter access shaft. The location of
said access shaft is more particularly described in section four of this
act. Said parcel being part of property designated as Section: 38 Block:
F Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A, 50B, 50C
on the Nassau County Land and Tax Map.
§ 6. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and
under which a permanent easement may be established pursuant to subdivi-
sion (a) of section one of this act is described as all that certain
plot, piece or parcel of land with buildings and improvements thereon
erected, situate, lying and being located at Incorporated Village of
Rockville Centre, Incorporated Village of East Rockaway, and Incorpo-
rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
of New York being a 20-foot wide strip of land more particularly bounded
and described as follows: beginning at a point on the northerly side of
Park Avenue, said Point of Beginning 193 feet plus or minus easterly, as
measured along the northerly side of Park Avenue from the intersection
of the northerly side of Park Avenue with the easterly side of Oxford
Road; running thence North 13°01' East 956 feet plus or minus; thence
North 44°00' East 446 feet plus or minus, to the northeasterly line of
property designated as Section 38 Block F Lot 50F, on the Nassau County
Land and Tax Map; thence South 53°10' East, along said northeasterly
line, 20 feet plus or minus; thence South 44°00' West 443 feet plus or
minus; thence South 13°01' West 950 feet plus or minus, to the northerly
side of Park Avenue; thence North 79°36' West, along said northerly
side, 20 feet plus or minus to the Point of Beginning; containing within
said bounds 28,000 square feet plus or minus. The above described perma-
nent easement is for the construction and operation of a six-foot diam-
eter force main at a minimum depth of fifteen feet below the ground
S. 7508 178 A. 9508
surface. Said parcel being part of property designated as Section: 38
Block: F Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A,
50B, 50C on the Nassau County Land and Tax Map.
§ 7. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park-
land upon and under which a temporary easement may be established pursu-
ant to subdivision (b) of section one of this act is described as all
that certain plot, piece or parcel of land with buildings and improve-
ments thereon erected, situate, lying and being located at Incorporated
Village of Rockville Centre, Town of Hempstead, County of Nassau and
State of New York being more particularly bounded and described as
follows: beginning at a point on the northerly side of Sunrise Highway
(New York State Route 27A), said Point of Beginning being distant 254
feet plus or minus westerly as measured along the northerly side of
Sunrise Highway from the intersection of the northerly side of Sunrise
Highway with the westerly side of Forest Avenue; running thence North
86°15' West, along the northerly side of Sunrise Highway, 175 feet plus
or minus; thence South 68°26' West, continuing along the northerly side
of Sunrise Highway, 111 feet plus or minus; thence North 14°47' West 162
feet plus or minus, to the southerly side of the Long Island Rail Road
right-of-way; thence South 86°59' East, along the southerly side of the
Long Island Rail Road, 479 feet plus or minus; thence South 01°59' West
75 feet plus or minus, to the northerly side of the travelled way of
Sunrise Highway, then 160 feet plus or minus along the arc or a circular
curve to the left that has a radius of 850 feet and a chord that bears
South 80°03' West 160 feet plus or minus to the Point of Beginning.
Containing within said bounds 50,300 square feet plus or minus. The
above described temporary easement is necessary for the construction of
temporary access to the aqueduct below Sunrise Highway area. Said parcel
being part of property designated as Section: 38 Block: 291 Lot: 17 on
the Nassau County Land and Tax Map.
§ 8. In the event that the village of Rockville Centre received any
funding support or assistance from the federal government for the
purchase, maintenance, or improvement of the parklands set forth in
sections three through seven of this act, the discontinuance and alien-
ation of such parklands authorized by the provisions of this act shall
not occur until the village of Rockville Centre has complied with any
applicable federal requirements pertaining to the alienation or conver-
sion of parklands, including satisfying the secretary of the interior
that the alienation or conversion complies with all conditions which the
secretary of the interior deems necessary to assure the substitution of
other lands shall be equivalent in fair market value and usefulness to
the lands being alienated or converted.
§ 9. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, subpart or part of this act shall be adjudged by a 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,
subpart or part thereof directly involved in the controversy in which
such judgment shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 3. This act shall take effect immediately, provided, however, that
the applicable effective date of Subparts A through C of this act shall
be as specifically set forth in the last section of such Subparts.
S. 7508 179 A. 9508
PART VV
Section 1. Subdivision 13 of section 23-0101 of the environmental
conservation law, as amended by chapter 846 of the laws of 1981, is
amended and four new subdivisions 21, 22, 23, and 24 are added to read
as follows:
13. "Plug and abandon" means the plugging, AND replugging if neces-
sary, and abandonment of a WELL OR well bore including the placing of
all bridges, plugs, and fluids therein and the restoration and reclama-
tion of the surface OF AFFECTED LAND in the immediate vicinity to a
reasonable condition consistent with the adjacent terrain UNLESS SUCH
RESTORATION AND RECLAMATION OF THE SURFACE IS WAIVED BY THE LANDOWNER
AND APPROVED BY THE DEPARTMENT.
21. "ABANDONED" MEANS WELLS OR AFFECTED LAND REGULATED PURSUANT TO
TITLES 1, 3, 5, 7, 11, 13 AND 19 OF THIS ARTICLE FOR WHICH THE RESPONSI-
BLE OWNER OR OPERATOR NEGLECTS OR REFUSES TO COMPLY WITH ITS STATUTORY
OR REGULATORY OBLIGATIONS AND RESPONSIBILITIES RELATED TO SUCH WELLS OR
AFFECTED LAND, AFTER NOTICE AND AS DETERMINED BY THE DEPARTMENT.
22. "AFFECTED LAND" MEANS LAND OR LANDS IN THE IMMEDIATE VICINITY OF
WELLS, INCLUDING WELL PADS AND ACCESS ROADS, THAT ARE DISTURBED OR
IMPACTED, OR POTENTIALLY DISTURBED OR IMPACTED, BY ACTIVITIES REGULATED
PURSUANT TO TITLES 1, 3, 5, 7, 11, 13 AND 19 OF THIS ARTICLE.
23. "ORPHANED" MEANS WELLS OR AFFECTED LAND REGULATED PURSUANT TO
TITLES 1, 3, 5, 7, 9, 11, 13 AND 19 OF THIS ARTICLE FOR WHICH NO RESPON-
SIBLE OWNER OR OPERATOR EXISTS OR CAN BE REASONABLY FOUND, AS DETERMINED
BY THE DEPARTMENT.
24. "WELL" AND "WELL BORE" MEANS AN EXISTING OR PROPOSED HOLE, DRILLED
OR CONSTRUCTED, THAT IS CASED, UNCASED OR BOTH, FOR THE PURPOSE OF
PRODUCING OIL OR GAS OR BOTH, OR FOR THE PURPOSE OF A STORAGE, SOLUTION
MINING, INJECTION, MONITORING, STRATIGRAPHIC, BRINE DISPOSAL OR GEOTHER-
MAL WELL REGULATED PURSUANT TO TITLES 1, 3, 5, 7, 9, 11, 13 AND 19 OF
THIS ARTICLE.
§ 2. Subdivision 8 of section 23-0305 of the environmental conserva-
tion law, as added by chapter 846 of the laws of 1981, paragraph e as
amended by chapter 386 of the laws of 2005, paragraph f as amended by
chapter 721 of the laws of 1989, and paragraph k as added by chapter 891
of the laws of 1984, is amended to read as follows:
8. With respect to oil pools or fields [and], natural gas pools or
fields, UNDERGROUND GAS STORAGE RESERVOIRS, AND WELLS AND THEIR AFFECTED
LAND REGULATED PURSUANT TO TITLES ONE, THREE, FIVE, SEVEN, NINE, ELEVEN,
THIRTEEN, AND NINETEEN OF THIS ARTICLE, the department shall have power
to:
a. Make such investigations as it deems proper to determine whether
waste exists or is imminent.
b. Require identification of ownership of producing leases, tanks,
plants, structures and facilities for the transportation and refining of
oil and gas.
c. Classify and reclassify WELLS OR AFFECTED LAND AS ABANDONED OR
ORPHANED, pools as oil or gas pools, or wells as oil [or], gas,
INJECTION, MONITORING, OR UNDERGROUND STORAGE wells, AND REQUIRE IDEN-
TIFICATION OF WELLS AS AN OIL, GAS, INJECTION, MONITORING, OR UNDER-
GROUND STORAGE WELL, including the delineation of boundaries for
purposes material to the interpretation or administration of this arti-
cle.
d. Require the drilling, casing, operation, plugging and replugging of
wells and reclamation of surrounding land in accordance with rules and
S. 7508 180 A. 9508
regulations of the department in such manner as to prevent or remedy the
following, including but not limited to: the escape of oil, gas, brine
or water out of one stratum into another; the intrusion of water into
oil or gas strata other than during enhanced recovery operations; the
pollution of fresh water supplies by oil, gas, salt water or other
contaminants; and blowouts, cavings, seepages and fires.
e. Enter, take temporary possession of, REPAIR, plug or replug any
abandoned OR ORPHANED well as provided in the rules and regulations,
whenever any owner or operator neglects or refuses to comply with such
rules and regulations. Such REPAIRING, plugging or replugging by the
department shall be at the expense of the owner or operator whose duty
it may be to REPAIR OR plug the well and who shall hold harmless the
state of New York for all accounts, damages, costs and judgments arising
from the REPAIRING, plugging or replugging of the well and the surface
restoration of the affected land. Primary liability for the expense of
such REPAIRING, plugging or replugging and first recourse for the recov-
ery thereof shall be to the operator unless a contract for the
production, development, exploration or other working of the well, to
which the lessor or other grantor of the oil and gas rights is a party,
shall place such liability on the owner or on the owner of another
interest in the land on which the well is situated. When an operator
violates any provision of this article, any rule or regulation promul-
gated thereunder, or any order issued pursuant thereto in reference to
REPAIRING, plugging or replugging an abandoned OR ORPHANED well, the
operator may not transfer the operator's responsibility therefor by
surrendering the lease. Prior to the commencement of drilling of any
well, the operator shall be required to furnish to the department, and
continuously maintain, a bond acceptable to it conditioned upon the
performance of said operator's plugging responsibilities with respect to
said well. Upon the approval of the department, in lieu of such bond,
the operator may deposit cash or negotiable bonds of the United States
Government of like amount in an escrow account conditioned upon the
performance of said operator's plugging responsibilities with respect to
said well. Any interest accruing as a result of the aforementioned
escrow deposit shall be the exclusive property of the operator. The
aforementioned bonding requirements shall remain the obligation of the
original operator regardless of changes in operators unless a subsequent
operator has furnished the appropriate bond or substitute as herein
provided acceptable to the department and approval for the transfer of
the well OPERATORSHIP, WHICH INCLUDES plugging AND SURFACE RESTORATION
responsibilities, to the subsequent operator has been granted by the
department. The failure of any operator to maintain a bond or other
financial security as prescribed herein shall be deemed a breach of
plugging AND SURFACE RESTORATION responsibilities and entitle the
department to claim the proceeds of the bond or other financial securi-
ty. The cost of REPAIRING, plugging or replugging any well, where such
action is necessary or incident to the commencing or carrying on of
storage operations pursuant to section 23-1103 or 23-1301 shall be borne
by the operator of the storage facility.
f. Require that every person who produces, sells, purchases, acquires,
stores or injects oil or gas and associated fluids and every person who
transports oil or gas in this state shall keep and maintain complete and
accurate records of the quantities thereof. Quantities of associated
fluids injected or produced may be reported as estimated volumes. True
copies or duplicates shall be kept or made available for examination
within this state by the department or its agents at all reasonable
S. 7508 181 A. 9508
times and every such person shall file with the department such reports
concerning production, sales, purchases, acquisitions, injection, trans-
portation or storage on a form provided by the department or approved by
the department prior to submittal.
g. In addition to the powers provided for in titles 1, 3, 5 and 13 of
article 71, order an immediate suspension of drilling or production
operations whenever such operations are being carried on in violation of
this article or any rule or regulation promulgated thereunder or order
issued pursuant thereto. Any order issued pursuant to this paragraph may
be reviewed upon application of an aggrieved party by means of an order
to show cause which order shall be issued by any justice of the supreme
court in the judicial district in which any order applies and shall be
returnable on the third succeeding business day following the issuance
of such order. Service of such show cause order shall be made upon the
regional office of the department for the region in which such order
applies, and upon the attorney general by delivery of such order to an
assistant attorney general at an office of the attorney general in the
county in which venue of the proceeding is designated, or if there is no
office of the attorney general within such county, at the office of the
attorney general nearest such county. Except as hereinabove specified,
the proceeding to review an order under this paragraph shall be governed
by article seventy-eight of the civil practice law and rules.
h. Require the immediate reporting of any non-routine incident includ-
ing but not limited to casing and drill pipe failures, casing cement
failures, fishing jobs, fires, seepages, blowouts and other incidents
during drilling, completion, producing, plugging or replugging oper-
ations that may affect the health, safety, welfare or property of any
person. The department may require the operator, or any agent thereof,
to record any data which the department believes may be of subsequent
use for adequate evaluation of a non-routine incident.
i. Require the taking and making of well logs, well samples, direc-
tional surveys and reports on well locations and elevations, drilling
and production, and further require their filing pursuant to the
provisions of this article. Upon the request of the state geologist, the
department shall cause such duplicate samples or copies of records and
reports as may be required pursuant to this article to be furnished to
him.
j. Give notice to persons engaged in underground mining operations of
the commencement of any phase of oil or gas well operations which may
affect the safety of such underground mining operations or of the mining
properties involved. Rules and regulations promulgated under this arti-
cle shall specify the distance from underground mining operations within
which such notice shall be given and shall contain such other provisions
as in the judgment of the department shall be necessary in the interest
of safety. The department shall not be required to furnish any notice
required by this paragraph unless the person or persons engaged in
underground mining operations or having rights in mining properties have
notified the department of the existence and location of such under-
ground mining operations or properties.
k. (1) Except as to production of gas from lands under the waters of
Lake Erie, in order to satisfy the financial security requirements
contained in paragraph e of this subdivision for wells [less than six
thousand feet in depth] for which the department [either] ON OR AFTER
OCTOBER FIRST, NINETEEN HUNDRED SIXTY-THREE shall have issued or shall
issue permits to drill, DEEPEN, CONVERT OR PLUG BACK such wells or, on
or after June fifth, nineteen hundred seventy-three, shall have issued
S. 7508 182 A. 9508
acknowledgements of notices of intention to drill such wells OR, FOR ALL
WELLS SUBJECT TO THIS ARTICLE FOR WHICH REQUESTS FOR TRANSFER OF WELL
OPERATORSHIP, WHICH INCLUDES PLUGGING AND SURFACE RESTORATION RESPONSI-
BILITIES, ARE APPROVED BY THE DEPARTMENT ON OR AFTER THE EFFECTIVE DATE
OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY THAT AMENDED THIS
PARAGRAPH, without any way affecting any obligations to plug such wells,
the operator shall provide a bond or other financial security acceptable
to the department [in the following amount:
(i) for wells less than two thousand five hundred feet in depth:
(a) twenty-five hundred dollars per well, provided that the operator
shall not be required to provide financial security under this item
exceeding twenty-five thousand dollars for up to twenty-five wells;
(b) for twenty-six to fifty wells, twenty-five thousand dollars, plus
twenty-five hundred dollars per well in excess of twenty-five wells,
provided that the operator shall not be required to provide financial
security under this item exceeding forty thousand dollars;
(c) for fifty-one to one hundred wells, forty thousand dollars, plus
twenty-five hundred dollars per well in excess of fifty wells, provided
that the operator shall not be required to provide financial security
under this item exceeding seventy thousand dollars;
(d) for over one hundred wells, seventy thousand dollars, plus twen-
ty-five hundred dollars per well in excess of one hundred wells,
provided that the operator shall not be required to provide financial
security under this item exceeding one hundred thousand dollars.
(ii) for wells between two thousand five hundred feet and six thousand
feet in depth:
(a) five thousand dollars per well, provided that the operator shall
not be required to provide financial security under this item exceeding
forty thousand dollars for up to twenty-five wells;
(b) for twenty-six to fifty wells, forty thousand dollars, plus five
thousand dollars per well in excess of twenty-five wells, provided that
the operator shall not be required to provide financial security under
this item exceeding sixty thousand dollars;
(c) for fifty-one to one hundred wells, sixty thousand dollars, plus
five thousand dollars per well in excess of fifty wells, provided that
the operator shall not be required to provide financial security under
this item exceeding one hundred thousand dollars;
(d) for over one hundred wells, one hundred thousand dollars, plus
five thousand dollars per well in excess of one hundred wells, provided
that the operator shall not be required to provide financial security
under this item exceeding one hundred fifty thousand dollars].
(2) [In the event that an operator shall have wells described in
clauses (i) and (ii) of subparagraph (1) of this paragraph, in lieu of
providing financial security under the provisions of each such clause,
such operator may file financial security as if all such wells were
between two thousand five hundred feet and six thousand feet in depth.
(3)] For ALL wells [greater than six thousand feet in depth] THAT
REQUIRE FINANCIAL SECURITY, the operator [may be required to] SHALL
provide [additional] THE DEPARTMENT WITH financial security consistent
with criteria contained in rules and regulations [to be adopted], AND
ANY SUBSEQUENT RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT to imple-
ment this [subparagraph] ARTICLE. THE DEPARTMENT IS AUTHORIZED TO ADOPT
RULES AND REGULATIONS DETERMINING THE AMOUNT, TYPE, CONDITIONS, AND
TERMS OF THE FINANCIAL SECURITY.
§ 3. Subdivision 9 of section 23-0305 of the environmental conserva-
tion law, as amended by chapter 846 of the laws of 1981, paragraph d as
S. 7508 183 A. 9508
amended by chapter 721 of the laws of 1989, paragraph e as amended by
chapter 386 of the laws of 2005, and paragraph f as added by chapter 891
of the laws of 1984, is amended to read as follows:
9. With respect to solution mining areas the department shall have the
power to:
a. Require identification of ownership of producing leases and
solution mining equipment such as structures, tanks, gathering systems
and facilities for the transportation of salt brine.
A-1. CLASSIFY AND RECLASSIFY WELLS OR AFFECTED LAND AS ABANDONED OR
ORPHANED, OR WELLS OR UNRESTORED LANDS REGULATED PURSUANT TO TITLES 1,
3, 5, 7, 9, 11, 13, AND 19 OF THIS ARTICLE, AND REQUIRE WELL IDENTIFICA-
TION AS A SOLUTION MINING WELL OR MONITORING WELL.
b. Require the drilling, casing, operation and plugging of wells in
accordance with rules and regulations of the department in such a manner
as to prevent the loss or escape of oil or gas reserves to the surface
or to other strata; the intrusion of brine or water into commercial oil
or gas reserves; the pollution of fresh water supplies by oil, gas or
salt water, and to facilitate the efficient use of ground and surface
waters in solution mining.
c. Give notice to persons engaging in underground mining operations of
the commencing of any phase of solution mining well operations which may
affect the safety of such underground mining operations or of the mining
properties involved. Rules and regulations of the department adopted
pursuant hereto shall specify the distance from such underground mining
operations within which such notice shall be given and shall contain
such other provisions as in the judgment of the department shall be
necessary in the interest of safety. The department shall not be
required to furnish any notice pursuant hereto unless the person or
persons engaged in underground mining operations or having rights in
mining properties have notified the department of the existence and
location of such underground mining operations or properties.
d. Require metering or other measuring of brine produced by solution
mining, and the maintenance of the records from each cavity or group of
interconnected cavities until the wells in a cavity have been plugged
and [abandoned] AFFECTED LAND RESTORED. These records shall be given to
the department on request.
e. Enter, take temporary possession of, REPAIR, plug or replug any
abandoned OR ORPHANED well as provided in the rules and regulations,
whenever any operator neglects or refuses to comply with such rules and
regulations. Such REPAIRING, plugging or replugging by the department
shall be at the expense of the owner or operator whose duty it shall be
to REPAIR OR plug the well and who shall hold harmless the state of New
York for all accounts, damages, costs and judgments arising for the
REPAIRING, plugging or replugging of the well and the surface restora-
tion of the affected land. Primary liability for the expense of such
plugging or replugging and first recourse for the recovery thereof shall
be to the operator unless a contract for the production, development,
exploration or other working of the well, to which the lessor or other
grantor of the solution salt rights is a party, shall place such liabil-
ity on the owner or on the owner of another interest in the land on
which the well is situated. When an operator violates any provision of
this article, any rule or regulation promulgated thereunder, or any
order issued pursuant thereto in reference to REPAIRING, plugging or
replugging an abandoned OR ORPHANED well, the operator may not transfer
the operator's responsibility therefor by surrendering the lease. Prior
to the commencement of drilling of any well to which this subdivision
S. 7508 184 A. 9508
applies, the operator shall be required to furnish to the department,
and continuously maintain, a bond acceptable to it conditioned upon the
performance of said operator's plugging AND SURFACE RESTORATION respon-
sibilities with respect to said well. Upon the approval of the depart-
ment, in lieu of such bond, the operator may deposit cash or negotiable
bonds of the United States Government of like amount in an escrow
account conditioned upon the performance of said operator's plugging AND
SURFACE RESTORATION responsibilities with respect to said well. Any
interest accruing as a result of aforementioned escrow deposit shall be
the exclusive property of the operator. The aforementioned bonding
requirements shall remain the obligation of the original operator
regardless of changes in operators unless a subsequent operator has
furnished the appropriate bond or substitute as herein provided accepta-
ble to the department and approval for the transfer of the well plugging
[responsibility] AND SURFACE RESTORATION RESPONSIBILITIES to the subse-
quent operator has been granted by the department. The failure of any
operator to maintain a bond or other financial security as prescribed
herein shall be deemed a breach of plugging AND SURFACE RESTORATION
responsibilities and entitle the department to claim the proceeds of the
bond or other financial security. Any order issued pursuant to this
paragraph may be reviewed upon application of an aggrieved party by
means of an order to show cause which order shall be issued by any
justice of the supreme court in the judicial district in which any such
order applies and shall be returnable on the third succeeding business
day following the issuance of such order. Service of such show cause
order shall be made upon the regional office of the department for the
region in which such order applies, and upon the attorney general by
delivery of such order to an assistant attorney general at an office of
the attorney general in the county in which venue of the proceeding is
designated, or if there is no office of the attorney general within such
county, at the office of the attorney general nearest such county.
Except as hereinabove specified, the proceeding to review an order under
this paragraph shall be governed by article seventy-eight of the civil
practice law and rules.
f. (1) In order to satisfy the financial security requirements
contained in paragraph e of this subdivision for all wells for which the
department [either] ON OR AFTER OCTOBER FIRST, NINETEEN HUNDRED SIXTY-
THREE shall have issued or shall issue permits to drill, DEEPEN, CONVERT
OR PLUG BACK such wells or, on or after June fifth, nineteen hundred
seventy-three, shall have issued acknowledgements of notices of inten-
tion to drill such wells OR FOR ALL WELLS SUBJECT TO THIS ARTICLE FOR
WHICH REQUESTS FOR TRANSFERS OF WELL OPERATORSHIP, WHICH INCLUDES PLUG-
GING AND SURFACE RESTORATION RESPONSIBILITIES, ARE APPROVED BY THE
DEPARTMENT ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND TWENTY THAT AMENDED THIS PARAGRAPH, without in any way
affecting any obligation to plug such wells, the operator shall provide
a bond or other financial security acceptable to the department [in the
following amount:
(i) for wells less than two thousand five hundred feet in depth:
(a) twenty-five hundred dollars per well, provided that the operator
shall not be required to provide financial security under this item
exceeding twenty-five thousand dollars for up to twenty-five wells;
(b) for twenty-six to fifty wells, twenty-five thousand dollars, plus
twenty-five hundred dollars per well in excess of twenty-five wells,
provided that the operator shall not be required to provide financial
security under this item exceeding forty thousand dollars;
S. 7508 185 A. 9508
(c) for fifty-one to one hundred wells, forty thousand dollars, plus
twenty-five hundred dollars per well in excess of fifty wells, provided
that the operator shall not be required to provide financial security
under this item exceeding seventy thousand dollars;
(d) for over one hundred wells, seventy thousand dollars, plus twen-
ty-five hundred dollars per well in excess of one hundred wells,
provided that the operator shall not be required to provide financial
security under this item exceeding one hundred thousand dollars.
(ii) for wells between two thousand five hundred feet and six thousand
feet in depth:
(a) five thousand dollars per well provided that the operator shall
not be required to provide financial security under this item exceeding
forty thousand dollars for up to twenty-five wells;
(b) for twenty-six to fifty wells, forty thousand dollars, plus five
thousand dollars per well in excess of twenty-five wells, provided that
the operator shall not be required to provide financial security under
this item exceeding sixty thousand dollars;
(c) for fifty-one to one hundred wells, sixty thousand dollars, plus
five thousand dollars per well in excess of fifty wells, provided that
the operator shall not be required to provide financial security under
this item exceeding one hundred fifty thousand dollars;
(d) for over one hundred wells, one hundred thousand dollars, plus
five thousand dollars per well in excess of one hundred wells, provided
that the operator shall not be required to provide financial security
under this item exceeding one hundred fifty thousand dollars].
(2) [In the event that an operator shall have wells described in
clauses (i) and (ii) of subparagraph (1) of this paragraph, in lieu of
providing financial security under the provisions of each such clause,
such operator may file financial security as if all such wells were
between two thousand five hundred feet and six thousand feet in depth.
(3) For wells greater than six thousand feet in depth, the operator
may be required to provide additional financial security consistent with
criteria contained in rules and regulation to be adopted to implement
this subparagraph] FOR ALL WELLS THAT REQUIRE FINANCIAL SECURITY, THE
OPERATOR SHALL PROVIDE THE DEPARTMENT WITH FINANCIAL SECURITY CONSISTENT
WITH CRITERIA CONTAINED IN RULES AND REGULATIONS, AND ANY SUBSEQUENT
RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT TO IMPLEMENT THIS ARTI-
CLE. THE DEPARTMENT IS AUTHORIZED TO ADOPT RULES AND REGULATIONS DETER-
MINING THE AMOUNT, TYPE, CONDITIONS, AND TERMS OF THE FINANCIAL
SECURITY.
§ 4. Subdivision 14 of section 23-0305 of the environmental conserva-
tion law, as added by chapter 410 of the laws of 1987 and paragraph f as
amended by chapter 386 of the laws of 2005, is amended to read as
follows:
14. With respect to wells drilled deeper than five hundred feet below
the earth's surface for the purpose of conducting stratigraphic tests,
for finding or producing hot water or steam, for injecting fluids to
recover heat from the surrounding geologic materials or for the disposal
of brines, the department shall have the power to:
a. Require all exploration, drilling and development operations to be
conducted in accordance with standards promulgated by the department in
rules and regulations.
b. Conduct investigations to determine the extent of compliance with
this section and all rules, regulations and orders issued pursuant ther-
eto.
S. 7508 186 A. 9508
c. Classify [a well as one subject to] AND RECLASSIFY WELLS OR
AFFECTED LANDS AS ABANDONED OR ORPHANED, TO WELLS OR UNRESTORED LANDS
REGULATED PURSUANT TO TITLES 1, 3, 5, 7, 9, 11, 13 AND 19 OF this
[section] ARTICLE and require [its] WELL identification as a geothermal,
stratigraphic or brine disposal well.
d. Require the drilling, casing, operation, plugging and replugging of
wells subject to this section and reclamation of surrounding land in
accordance with rules and regulations of the department.
e. Enter, take temporary possession of, REPAIR, plug or replug any
abandoned OR ORPHANED well [subject to this section] as provided in the
rules and regulations, whenever the well's owner or operator neglects or
refuses to comply with such rules and regulations. Such REPAIRING, plug-
ging or replugging by the department shall be at the expense of the
owner or operator whose duty it shall be to REPAIR OR plug the well and
who shall hold harmless the state of New York for all accounts, damages,
costs and judgments arising from the REPAIRING, plugging or replugging
of the well and the surface restoration of the affected land.
f. (1) Require that the operator furnish to the department, and
continuously maintain, a bond or other financial security conditioned
upon the satisfactory performance of the operator's plugging AND SURFACE
RESTORATION responsibilities with respect to said [well] WELLS FOR WHICH
THE DEPARTMENT SHALL HAVE ISSUED OR SHALL ISSUE PERMITS TO DRILL, DEEP-
EN, CONVERT OR PLUG BACK OR, FOR ALL WELLS SUBJECT TO THIS ARTICLE FOR
WHICH REQUESTS FOR TRANSFERS OF WELL OPERATORSHIP, WHICH INCLUDES PLUG-
GING AND SURFACE RESTORATION RESPONSIBILITIES, ARE APPROVED BY THE
DEPARTMENT ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND TWENTY THAT AMENDED THIS PARAGRAPH. The failure of any
operator to maintain a bond or other financial security as prescribed
herein shall be deemed a breach of plugging AND SURFACE RESTORATION
responsibilities and entitle the department to claim the proceeds of the
bond or other financial security. Such bond or other financial security
shall be for an amount as determined [pursuant to the provisions of
paragraph k of subdivision eight of this section] BY AND ACCEPTABLE TO
THE DEPARTMENT.
(2) FOR ALL WELLS THAT REQUIRE FINANCIAL SECURITY, THE OPERATOR SHALL
PROVIDE THE DEPARTMENT WITH FINANCIAL SECURITY CONSISTENT WITH CRITERIA
CONTAINED IN RULES AND REGULATIONS, AND ANY SUBSEQUENT RULES AND REGU-
LATIONS ADOPTED BY THE DEPARTMENT TO IMPLEMENT THIS ARTICLE. THE DEPART-
MENT IS AUTHORIZED TO ADOPT RULES AND REGULATIONS DETERMINING THE
AMOUNT, TYPE, CONDITIONS, AND TERMS OF THE FINANCIAL SECURITY.
g. In addition to the powers provided for in titles one, three, five
and thirteen of article seventy-one of this chapter, order an immediate
suspension of operations carried on in violation of the oil, gas and
solution mining law or any rule or regulation promulgated thereunder or
order issued pursuant thereto.
h. Require the immediate reporting of any non-routine incident,
including but not limited to casing and drill pipe failures, casing
cement failures, fishing jobs, fires, seepages, blowouts and other inci-
dents during drilling, completion, producing, plugging or replugging
operations that may affect the health, safety, welfare or property of
any person or which may be injurious to plants or animals. The depart-
ment may require the operator or any agent thereof to record and provide
any data which the department believes may be of use for adequate evalu-
ation of a non-routine incident.
i. Require the taking and making of logs, samples, directional surveys
and reports on locations, elevations, drilling and production, and
S. 7508 187 A. 9508
further require filing of such information pursuant to the provisions of
the oil, gas and solution mining law. Upon the request of the state
geologist, the department shall cause such samples or copies of records
and reports to be furnished to the state geologist.
j. Give notice to persons engaged in underground mining operations of
the commencement of any phase of geothermal, stratigraphic and brine
disposal well operations which may affect the safety of such underground
mining operations or of the mining properties involved. The department
shall not be required to furnish any notice required by this paragraph
unless the person or persons engaged in underground mining operations or
having rights in mining properties have notified the department of the
existence and location of such underground mining operations or proper-
ties.
§ 5. This act shall take effect immediately.
PART WW
Section 1. Subdivision 3 of section 23-0501 of the environmental
conservation law, as added by chapter 386 of the laws of 2005, is renum-
bered subdivision 4 and a new subdivision 3 is added to read as follows:
3. NO PERMITS SHALL BE ISSUED AUTHORIZING AN APPLICANT TO DRILL, DEEP-
EN, PLUG BACK, OR CONVERT WELLS THAT USE HIGH-VOLUME HYDRAULIC FRACTUR-
ING TO COMPLETE OR RECOMPLETE NATURAL GAS RESOURCES. FOR PURPOSE OF THIS
SECTION, HIGH-VOLUME HYDRAULIC FRACTURING SHALL BE DEFINED AS THE STIMU-
LATION OF A WELL USING THREE HUNDRED THOUSAND OR MORE GALLONS OF WATER
AS THE BASE FLUID FOR HYDRAULIC FRACTURING FOR ALL STAGES IN A WELL
COMPLETION, REGARDLESS OF WHETHER THE WELL IS VERTICAL OR DIRECTIONAL,
INCLUDING HORIZONTAL.
§ 2. This act shall take effect immediately.
PART XX
Section 1. The vehicle and traffic law is amended by adding a new
section 102-c to read as follows:
§ 102-C. BICYCLE WITH ELECTRIC ASSIST. EVERY MOTOR VEHICLE, INCLUDING
ONE PARTIALLY POWERED BY HUMAN POWER, OTHER THAN ONE REGISTERED OR CAPA-
BLE OF BEING REGISTERED PURSUANT TO THIS CHAPTER AS A MOTORCYCLE OR
LIMITED USE MOTORCYCLE, HAVING A SEAT OR A SADDLE FOR THE USE OF THE
RIDER AND DESIGNED TO TRAVEL ON TWO WHEELS WHICH HAS AN ELECTRIC MOTOR
NO GREATER THAN SEVEN HUNDRED FIFTY WATTS, EQUIPPED WITH OPERABLE
PEDALS, MEETING THE EQUIPMENT AND MANUFACTURING REQUIREMENTS FOR BICY-
CLES ADOPTED BY THE CONSUMER PRODUCT SAFETY COMMISSION UNDER 16 C.F.R.
PART 1512.1 ET SEQ. AND MEETING THE REQUIREMENTS OF ONE OF THE FOLLOWING
THREE CLASSES:
(A) "CLASS ONE BICYCLE WITH ELECTRIC ASSIST." A BICYCLE WITH ELECTRIC
ASSIST HAVING AN ELECTRIC MOTOR THAT PROVIDES ASSISTANCE ONLY WHEN THE
PERSON OPERATING SUCH BICYCLE WITH ELECTRIC ASSIST IS PEDALING, AND THAT
CEASES TO PROVIDE ASSISTANCE WHEN SUCH BICYCLE WITH ELECTRIC ASSIST
REACHES A SPEED OF TWENTY MILES PER HOUR.
(B) "CLASS TWO BICYCLE WITH ELECTRIC ASSIST." A BICYCLE WITH ELECTRIC
ASSIST HAVING AN ELECTRIC MOTOR THAT MAY BE USED EXCLUSIVELY TO PROPEL
SUCH BICYCLE WITH ELECTRIC ASSIST, AND THAT IS NOT CAPABLE OF PROVIDING
ASSISTANCE WHEN SUCH BICYCLE WITH ELECTRIC ASSIST REACHES A SPEED OF
TWENTY MILES PER HOUR.
(C) "CLASS THREE BICYCLE WITH ELECTRIC ASSIST." SOLELY WITHIN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE, A BICYCLE WITH ELECTRIC
S. 7508 188 A. 9508
ASSIST HAVING AN ELECTRIC MOTOR THAT MAY BE USED EXCLUSIVELY TO PROPEL
SUCH BICYCLE WITH ELECTRIC ASSIST, AND THAT IS NOT CAPABLE OF PROVIDING
ASSISTANCE WHEN SUCH BICYCLE WITH ELECTRIC ASSIST REACHES A SPEED OF
TWENTY-FIVE MILES PER HOUR.
§ 2. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
§ 125. Motor vehicles. Every vehicle operated or driven upon a public
highway which is propelled by any power other than muscular power,
except (a) electrically-driven mobility assistance devices operated or
driven by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside a city with a population of one
million or more, (A-2) BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN
SECTION ONE HUNDRED TWO-C OF THIS ARTICLE, (b) vehicles which run only
upon rails or tracks, (c) snowmobiles as defined in article forty-seven
of this chapter, and (d) all terrain vehicles as defined in article
forty-eight-B of this chapter. For the purposes of title four of this
chapter, the term motor vehicle shall exclude fire and police vehicles
other than ambulances. For the purposes of titles four and five of this
chapter the term motor vehicles shall exclude farm type tractors and all
terrain type vehicles used exclusively for agricultural purposes, or for
snow plowing, other than for hire, farm equipment, including self-pro-
pelled machines used exclusively in growing, harvesting or handling farm
produce, and self-propelled caterpillar or crawler-type equipment while
being operated on the contract site.
§ 3. Subparagraph b of paragraph 1 of subdivision (a) of section 1202
of the vehicle and traffic law, as amended by chapter 679 of the laws of
1970, is amended to read as follows:
b. On a sidewalk, EXCEPT A BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN
SECTION ONE HUNDRED TWO-C OF THIS CHAPTER;
§ 4. The article heading of article 34 of the vehicle and traffic law,
as amended by chapter 694 of the laws of 1995, is amended to read as
follows:
OPERATION OF BICYCLES [AND], PLAY
DEVICES AND BICYCLES WITH ELECTRIC ASSIST
§ 5. Section 1231 of the vehicle and traffic law, as amended by chap-
ter 694 of the laws of 1995, is amended to read as follows:
§ 1231. Traffic laws apply to persons riding bicycles or skating or
gliding on in-line skates OR PERSONS OPERATING BICYCLES WITH ELECTRIC
ASSIST; LOCAL LAWS. 1. Every person riding a bicycle or skating or
gliding on in-line skates upon a roadway shall be granted all of the
rights and shall be subject to all of the duties applicable to the driv-
er of a vehicle by this title, except as to special regulations in this
article and except as to those provisions of this title which by their
nature can have no application.
2. (A) EXCEPT AS PROVIDED BY LOCAL LAW, ORDINANCE, ORDER, RULE OR
REGULATION ENACTED OR PROMULGATED PURSUANT TO PARAGRAPH (B) OF THIS
SUBDIVISION, BICYCLES WITH ELECTRIC ASSIST MAY ONLY BE OPERATED ON
PUBLIC HIGHWAYS WITH A POSTED SPEED LIMIT OF THIRTY MILES PER HOUR OR
LESS, INCLUDING NON-INTERSTATE PUBLIC HIGHWAYS, PRIVATE ROADS OPEN TO
MOTOR VEHICLE TRAFFIC, AND DESIGNATED BICYCLE OR IN-LINE SKATE LANES.
EVERY PERSON OPERATING A BICYCLE WITH ELECTRIC ASSIST UPON A HIGHWAY OR
ROADWAY SHALL BE GRANTED ALL OF THE RIGHTS AND SHALL BE SUBJECT TO ALL
OF THE DUTIES APPLICABLE TO THE DRIVER OF A VEHICLE BY THIS TITLE,
EXCEPT AS TO SPECIAL REQUIREMENTS IN THIS ARTICLE AND EXCEPT AS TO THOSE
PROVISIONS OF THIS TITLE WHICH BY THEIR NATURE CAN HAVE NO APPLICATION.
S. 7508 189 A. 9508
(B) THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE MAY, BY
LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION, FURTHER REGULATE THE
MAXIMUM SPEED, TIME, PLACE AND MANNER OF THE OPERATION OF A BICYCLE WITH
ELECTRIC ASSIST INCLUDING REQUIRING THE USE OF PROTECTIVE HEADWEAR AND
WEARING READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL, AND LIMITING OR
PROHIBITING THE USE THEREOF IN SPECIFIED AREAS UNDER THE JURISDICTION OF
SUCH COUNTY, CITY, TOWN OR VILLAGE OR PROHIBIT ENTIRELY THE USE OF BICY-
CLES WITH ELECTRIC ASSIST WITHIN SUCH COUNTY, CITY, TOWN OR VILLAGE.
NOTWITHSTANDING TITLE EIGHT OF THIS CHAPTER, THE GOVERNING BODY OF ANY
COUNTY, CITY, TOWN OR VILLAGE SHALL NOT AUTHORIZE THE USE OF BICYCLES
WITH ELECTRIC ASSIST UPON SIDEWALKS OR REGULATE THE PARKING, STANDING OR
STOPPING OF BICYCLES WITH ELECTRIC ASSIST ON SIDEWALKS.
§ 6. The vehicle and traffic law is amended by adding a new section
1232-a to read as follows:
§ 1232-A. OPERATING BICYCLES WITH ELECTRIC ASSIST. 1. EVERY PERSON
OPERATING A BICYCLE WITH ELECTRIC ASSIST SHALL YIELD THE RIGHT OF WAY TO
PEDESTRIANS.
2. EVERY OPERATOR OF A BICYCLE WITH ELECTRIC ASSIST SHALL BE SIXTEEN
YEARS OF AGE OR OLDER.
3. THE OPERATION OF A CLASS THREE BICYCLE WITH ELECTRIC ASSIST OUTSIDE
A CITY HAVING A POPULATION OF ONE MILLION OR MORE IS PROHIBITED.
4. NO PERSON SHALL OPERATE A CLASS ONE OR CLASS TWO BICYCLE WITH ELEC-
TRIC ASSIST IN EXCESS OF TWENTY MILES PER HOUR. NO PERSON SHALL OPERATE
A CLASS THREE BICYCLE WITH ELECTRIC ASSIST IN EXCESS OF TWENTY-FIVE
MILES PER HOUR.
5. NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST ON A SIDE-
WALK.
6. A FIRST VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL RESULT IN
NO FINE. A SECOND OR SUBSEQUENT VIOLATION SHALL RESULT IN A CIVIL FINE
NOT TO EXCEED FIFTY DOLLARS.
§ 7. Subdivision 1 of section 1233 of the vehicle and traffic law, as
amended by chapter 703 of the laws of 2004, is amended to read as
follows:
1. No person OPERATING A BICYCLE WITH ELECTRIC ASSIST OR riding upon
any bicycle, coaster, in-line skates, roller skates, skate board, sled,
or toy vehicle shall attach the same or himself or herself to any vehi-
cle being operated upon a roadway.
§ 8. Section 1234 of the vehicle and traffic law, as amended by chap-
ter 16 of the laws of 1996, is amended to read as follows:
§ 1234. Riding OR OPERATING on roadways, shoulders, bicycle or in-line
skate lanes [and], bicycle or in-line skate paths AND LANES RESERVED
FOR NON-MOTORIZED VEHICLES AND DEVICES. (a) Upon all roadways, any
bicycle, BICYCLE WITH ELECTRIC ASSIST or in-line skate shall be driven
OR OPERATED either on a usable bicycle or in-line skate lane or, if a
usable bicycle or in-line skate lane has not been provided, near the
right-hand curb or edge of the roadway or upon a usable right-hand
shoulder in such a manner as to prevent undue interference with the flow
of traffic except when preparing for a left turn or when reasonably
necessary to avoid conditions that would make it unsafe to continue
along near the right-hand curb or edge. Conditions to be taken into
consideration include, but are not limited to, fixed or moving objects,
vehicles, bicycles, in-line skates, pedestrians, animals, surface
hazards or traffic lanes too narrow for a bicycle, BICYCLE WITH ELECTRIC
ASSIST or person on in-line skates and a vehicle to travel safely side-
by-side within the lane.
S. 7508 190 A. 9508
(b) Persons riding bicycles or skating or gliding on in-line skates
upon a roadway shall not ride more than two abreast. PERSONS OPERATING
BICYCLES WITH ELECTRIC ASSIST UPON A ROADWAY SHALL RIDE SINGLE FILE.
Persons riding bicycles or skating or gliding on in-line skates OR OPER-
ATING A BICYCLE WITH ELECTRIC ASSIST upon a shoulder, bicycle or in-line
skate lane, or bicycle or in-line skates path, intended for the use of
bicycles, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE, BICYCLES WITH
ELECTRIC ASSIST, or in-line skates may ride two or more abreast if
sufficient space is available, except that when passing a vehicle, bicy-
cle [or], ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE, BICYCLE WITH
ELECTRIC ASSIST, person on in-line skates, or pedestrian, standing or
proceeding along such shoulder, lane or path, persons riding bicycles,
OPERATING BICYCLES WITH ELECTRIC ASSIST, or skating or gliding on
in-line skates shall ride, OPERATE, skate, or glide single file. Persons
riding bicycles or skating or gliding on in-line skates upon a roadway
shall ride, skate, or glide single file when being overtaken by a vehi-
cle.
(c) Any person operating a bicycle, BICYCLE WITH ELECTRIC ASSIST or
skating or gliding on in-line skates who is entering the roadway from a
private road, driveway, alley or over a curb shall come to a full stop
before entering the roadway.
§ 9. Section 1235 of the vehicle and traffic law, as amended by chap-
ter 703 of the laws of 2004, is amended to read as follows:
§ 1235. Carrying articles. No person operating a bicycle shall carry
any package, bundle, or article which prevents the driver from keeping
at least one hand upon the handle bars. NO PERSON OPERATING A BICYCLE
WITH ELECTRIC ASSIST SHALL CARRY ANY PACKAGE, BUNDLE OR ARTICLE WHICH
PREVENTS THE OPERATOR FROM KEEPING AT LEAST ONE HAND UPON THE HANDLE
BARS OR WHICH OBSTRUCTS HIS OR HER VISION. No person skating or gliding
on in-line skates shall carry any package, bundle, or article which
obstructs his or her vision in any direction. No person operating a
skate board shall carry any package, bundle, or article which obstructs
his or her vision in any direction.
§ 10. Section 1236 of the vehicle and traffic law, subdivision (a) as
amended by chapter 16 of the laws of 2009 and subdivisions (d) and (e)
as added by chapter 887 of the laws of 1976, is amended to read as
follows:
§ 1236. Lamps and other equipment on bicycles AND BICYCLES WITH ELEC-
TRIC ASSIST. (a) Every bicycle OR BICYCLE WITH ELECTRIC ASSIST when in
use during the period from one-half hour after sunset to one-half hour
before sunrise shall be equipped with a lamp on the front which shall
emit a white light visible during hours of darkness from a distance of
at least five hundred feet to the front and with a red or amber light
visible to the rear for three hundred feet. Effective July first, nine-
teen hundred seventy-six, at least one of these lights shall be visible
for two hundred feet from each side.
(b) No person shall operate a bicycle OR BICYCLE WITH ELECTRIC ASSIST
unless it is equipped with a bell or other device capable of giving a
signal audible for a distance of at least one hundred feet, except that
a bicycle OR BICYCLE WITH ELECTRIC ASSIST shall not be equipped with nor
shall any person use upon a bicycle OR BICYCLE WITH ELECTRIC ASSIST any
siren or whistle.
(c) Every bicycle shall be equipped with a brake which will enable the
operator to make the braked wheels skid on dry, level, clean pavement.
EVERY BICYCLE WITH ELECTRIC ASSIST SHALL BE EQUIPPED WITH A SYSTEM THAT
ENABLES THE OPERATOR TO BRING THE DEVICE TO A CONTROLLED STOP.
S. 7508 191 A. 9508
(d) Every new bicycle shall be equipped with reflective tires or,
alternately, a reflex reflector mounted on the spokes of each wheel,
said tires and reflectors to be of types approved by the commissioner.
The reflex reflector mounted on the front wheel shall be colorless or
amber, and the reflex reflector mounted on the rear wheel shall be
colorless or red.
(e) Every bicycle when in use during the period from one-half hour
after sunset to one-half hour before sunrise shall be equipped with
reflective devices or material meeting the standards established by
rules and regulations promulgated by the commissioner; provided, howev-
er, that such standards shall not be inconsistent with or otherwise
conflict with the requirements of subdivisions (a) and (d) of this
section.
§ 11. The section heading of section 1238 of the vehicle and traffic
law, as amended by chapter 267 of the laws of 1993, is amended to read
as follows:
Passengers on bicycles under one year of age prohibited; passengers
and operators under fourteen years of age to wear protective headgear;
OPERATORS OF CLASS THREE BICYCLES WITH ELECTRIC ASSIST TO WEAR PROTEC-
TIVE HEADGEAR.
§ 12. Section 1238 of the vehicle and traffic law is amended by adding
a new subdivision 5-c to read as follows:
5-C. NO PERSON SHALL RIDE UPON, PROPEL OR OTHERWISE OPERATE A CLASS
THREE BICYCLE WITH ELECTRIC ASSIST UNLESS SUCH PERSON IS WEARING A
HELMET MEETING STANDARDS ESTABLISHED BY THE COMMISSIONER. FOR THE
PURPOSES OF THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A PROPERLY
FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
STRAPS SECURELY FASTENED.
§ 13. Subdivision 6 of section 1238 of the vehicle and traffic law, as
added by chapter 267 of the laws of 1993, paragraph (a) as amended by
chapter 402 of the laws of 2001, and paragraph (c) as amended by chapter
703 of the laws of 2004, is amended to read as follows:
6. (a) Any person who violates the provisions of subdivision five,
five-a [or], five-b OR FIVE-C of this section shall pay a civil fine not
to exceed fifty dollars.
(b) The court shall waive any fine for which a person who violates the
provisions of subdivision five AND SUBDIVISION FIVE-C of this section
would be liable if such person supplies the court with proof that
between the date of violation and the appearance date for such violation
such person purchased or rented a helmet.
(c) The court may waive any fine for which a person who violates the
provisions of subdivision five, five-a, [or] five-b, OR FIVE-C of this
section would be liable if the court finds that due to reasons of
economic hardship such person was unable to purchase a helmet or due to
such economic hardship such person was unable to obtain a helmet from
the statewide in-line skate and bicycle helmet distribution program, as
established in section two hundred six of the public health law, or a
local distribution program. SUCH WAIVER OF A FINE SHALL NOT APPLY TO A
SECOND OR SUBSEQUENT CONVICTION UNDER SUBDIVISION FIVE-C OF THIS
SECTION.
§ 14. Subdivision 8 of section 1238 of the vehicle and traffic law, as
amended by chapter 694 of the laws of 1995, is amended to read as
follows:
8. A police officer shall only issue a summons for a violation of
subdivision two, five, [or] five-a, OR FIVE-C of this section by a
person less than fourteen years of age to the parent or guardian of such
S. 7508 192 A. 9508
person if the violation by such person occurs in the presence of such
person's parent or guardian and where such parent or guardian is eigh-
teen years of age or more. Such summons shall only be issued to such
parent or guardian, and shall not be issued to the person less than
fourteen years of age.
§ 15. Section 1240 of the vehicle and traffic law, as added by chapter
468 of the laws of 2001, is amended to read as follows:
§ 1240. Leaving the scene of an incident involving a wheeled non-mo-
torized means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST
without reporting in the second degree. 1. Any person age eighteen years
or older operating a wheeled non-motorized means of conveyance, includ-
ing, but not limited to bicycles, in-line skates, roller skates and
skate boards, OR OPERATING A BICYCLE WITH ELECTRIC ASSIST, who, knowing
or having cause to know, that physical injury, as defined in subdivision
nine of section 10.00 of the penal law, has been caused to another
person, due to the operation of such non-motorized means of conveyance
OR BICYCLE WITH ELECTRIC ASSIST by such person, shall, before leaving
the place where the said physical injury occurred, stop, and provide his
name and residence, including street and street number, to the injured
party, if practical, and also to a police officer, or in the event that
no police officer is in the vicinity of the place of said injury, then
such person shall report said incident as soon as physically able to the
nearest police station or judicial officer.
2. Leaving the scene of an incident involving a wheeled non-motorized
means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST without
reporting in the second degree is a violation.
§ 16. Section 1241 of the vehicle and traffic law, as added by chapter
468 of the laws of 2001, is amended to read as follows:
§ 1241. Leaving the scene of an incident involving a wheeled non-mo-
torized means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST
without reporting in the first degree. 1. Any person age eighteen years
or older operating a wheeled non-motorized means of conveyance, includ-
ing, but not limited to bicycles, in-line skates, roller skates and
skate boards, OR OPERATING A BICYCLE WITH ELECTRIC ASSIST, who, knowing
or having cause to know, that serious physical injury, as defined in
subdivision ten of section 10.00 of the penal law, has been caused to
another person, due to the operation of such non-motorized means of
conveyance OR BICYCLE WITH ELECTRIC ASSIST by such person, shall, before
leaving the place where the said serious physical injury occurred, stop,
and provide his name and residence, including street and street number,
to the injured party, if practical, and also to a police officer, or in
the event that no police officer is in the vicinity of the place of said
injury, then such person shall report said incident as soon as phys-
ically able to the nearest police station or judicial officer.
2. Leaving the scene of an incident involving a wheeled non-motorized
means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST without
reporting in the first degree is a class B misdemeanor.
§ 17. The vehicle and traffic law is amended by adding a new section
1242 to read as follows:
§ 1242. OPERATION OF A BICYCLE WITH ELECTRIC ASSIST WHILE UNDER THE
INFLUENCE OF ALCOHOL OR DRUGS. 1. OFFENSES; CRIMINAL PENALTIES. (A) NO
PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HIS OR HER
ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED BY THE
CONSUMPTION OF ALCOHOL.
(I) A VIOLATION OF THIS SUBDIVISION SHALL BE AN OFFENSE AND SHALL BE
PUNISHABLE BY A FINE OF NOT LESS THAN THREE HUNDRED DOLLARS NOR MORE
S. 7508 193 A. 9508
THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY OR COUN-
TY JAIL FOR NOT MORE THAN FIFTEEN DAYS, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
(II) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION
OF THIS SUBDIVISION AFTER BEING CONVICTED OF A VIOLATION OF ANY SUBDIVI-
SION OF THIS SECTION WITHIN THE PRECEDING FIVE YEARS SHALL BE PUNISHED
BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN SEVEN
HUNDRED FIFTY DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN THIRTY DAYS
IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
(III) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN
VIOLATION OF THIS SUBDIVISION AFTER BEING CONVICTED TWO OR MORE TIMES OF
A VIOLATION OF ANY SUBDIVISION OF THIS SECTION WITHIN THE PRECEDING TEN
YEARS SHALL BE GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY A FINE
OF NOT LESS THAN SEVEN HUNDRED FIFTY DOLLARS NOR MORE THAN FIFTEEN
HUNDRED DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN ONE HUNDRED EIGHTY
DAYS IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISON-
MENT.
(B) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HE OR
SHE HAS .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN HIS OR HER
BLOOD, BREATH, URINE, OR SALIVA, AS DETERMINED BY THE CHEMICAL TEST MADE
PURSUANT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
(C) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HE OR
SHE IS IN AN INTOXICATED CONDITION.
(D) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HIS
OR HER ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED
BY THE USE OF A DRUG AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF
THIS CHAPTER.
(E) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HIS
OR HER ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED
BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS
AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
(F) (I) A VIOLATION OF PARAGRAPH (B), (C), (D), OR (E) OF THIS SUBDI-
VISION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY IMPRISONMENT IN
A PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR BY A FINE
OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND
DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
(II) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION
OF PARAGRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING BEEN
CONVICTED OF A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS
SUBDIVISION, OR OF OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE INTOX-
ICATED OR WHILE UNDER THE INFLUENCE OF DRUGS, OR WHILE UNDER THE
COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS, WITHIN
THE PRECEDING TEN YEARS, SHALL BE GUILTY OF A CLASS E FELONY AND SHALL
BE PUNISHED BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR
BY A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOU-
SAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
(III) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN
VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER
HAVING BEEN TWICE CONVICTED OF A VIOLATION OF ANY OF SUCH PARAGRAPH (B),
(C), (D) OR (E) OF THIS SUBDIVISION OR OF OPERATING A BICYCLE WITH ELEC-
TRIC ASSIST WHILE INTOXICATED OR UNDER THE INFLUENCE OF DRUGS, OR WHILE
UNDER THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR
DRUGS, WITHIN THE PRECEDING TEN YEARS, SHALL BE GUILTY OF A CLASS D
FELONY AND SHALL BE PUNISHED BY A FINE OF NOT LESS THAN TWO THOUSAND
DOLLARS NOR MORE THAN TEN THOUSAND DOLLARS OR BY A PERIOD OF IMPRISON-
S. 7508 194 A. 9508
MENT AS PROVIDED IN THE PENAL LAW, OR BY BOTH SUCH FINE AND IMPRISON-
MENT.
2. SENTENCING LIMITATIONS. NOTWITHSTANDING ANY PROVISION OF THE PENAL
LAW, NO JUDGE OR MAGISTRATE SHALL IMPOSE A SENTENCE OF UNCONDITIONAL
DISCHARGE OR A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVI-
SION ONE OF THIS SECTION NOR SHALL HE OR SHE IMPOSE A SENTENCE OF CONDI-
TIONAL DISCHARGE UNLESS SUCH CONDITIONAL DISCHARGE IS ACCOMPANIED BY A
SENTENCE OF A FINE AS PROVIDED IN THIS SECTION.
3. SENTENCING: PREVIOUS CONVICTIONS. WHEN SENTENCING A PERSON FOR A
VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
SECTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION
ONE OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE
PERSON MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,
OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE
PRECEDING TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF PARA-
GRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION PURSUANT
TO SUBPARAGRAPH (III) OF PARAGRAPH (F) OF SUBDIVISION ONE OF THIS
SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY
HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR, OR FOUR-A
OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE PRECEDING
TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH
(II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, THE COURT
SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A VIOLATION
OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE
WITHIN THE PRECEDING FIVE YEARS. WHEN SENTENCING A PERSON FOR A
VIOLATION OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON
MAY HAVE FOR A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THIS TITLE WITHIN THE PRECEDING TEN YEARS.
4. ARREST AND TESTING. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION
140.10 OF THE CRIMINAL PROCEDURE LAW, A POLICE OFFICER MAY, WITHOUT A
WARRANT, ARREST A PERSON, IN CASE OF A VIOLATION OF ANY PARAGRAPH OF
SUBDIVISION ONE OF THIS SECTION, IF SUCH VIOLATION IS COUPLED WITH AN
ACCIDENT OR COLLISION IN WHICH SUCH PERSON IS INVOLVED, WHICH IN FACT
HAD BEEN COMMITTED, THOUGH NOT IN THE POLICE OFFICER'S PRESENCE, WHEN HE
OR SHE HAS REASONABLE CAUSE TO BELIEVE THAT THE VIOLATION WAS COMMITTED
BY SUCH PERSON. FOR THE PURPOSES OF THIS SUBDIVISION, POLICE OFFICER
SHALL ALSO INCLUDE A PEACE OFFICER AUTHORIZED TO ENFORCE THIS CHAPTER
WHEN THE ALLEGED VIOLATION CONSTITUTES A CRIME.
(B) BREATH TEST FOR OPERATORS OF BICYCLES WITH ELECTRIC ASSIST. EVERY
PERSON OPERATING A BICYCLE WITH ELECTRIC ASSIST WHICH HAS BEEN INVOLVED
IN AN ACCIDENT OR WHICH IS OPERATED IN VIOLATION OF ANY OF THE
PROVISIONS OF THIS SECTION WHICH REGULATE THE MANNER IN WHICH A BICYCLE
WITH ELECTRIC ASSIST IS TO BE PROPERLY OPERATED SHALL, AT THE REQUEST OF
A POLICE OFFICER, SUBMIT TO A BREATH TEST TO BE ADMINISTERED BY THE
POLICE OFFICER. IF SUCH TEST INDICATES THAT SUCH OPERATOR HAS CONSUMED
ALCOHOL, THE POLICE OFFICER MAY REQUEST SUCH OPERATOR TO SUBMIT TO A
CHEMICAL TEST IN THE MANNER SET FORTH IN SUBDIVISION FIVE OF THIS
SECTION.
5. CHEMICAL TESTS. (A) ANY PERSON WHO OPERATES A BICYCLE WITH ELECTRIC
ASSIST SHALL BE REQUESTED TO CONSENT TO A CHEMICAL TEST OF ONE OR MORE
OF THE FOLLOWING: BREATH, BLOOD, URINE, OR SALIVA FOR THE PURPOSE OF
DETERMINING THE ALCOHOLIC OR DRUG CONTENT OF HIS OR HER BLOOD, PROVIDED
THAT SUCH TEST IS ADMINISTERED AT THE DIRECTION OF A POLICE OFFICER: (I)
HAVING REASONABLE CAUSE TO BELIEVE SUCH PERSON TO HAVE BEEN OPERATING IN
VIOLATION OF THIS SUBDIVISION OR PARAGRAPH (A), (B), (C), (D) OR (E) OF
S. 7508 195 A. 9508
SUBDIVISION ONE OF THIS SECTION AND WITHIN TWO HOURS AFTER SUCH PERSON
HAS BEEN PLACED UNDER ARREST FOR ANY SUCH VIOLATION OR (II) WITHIN TWO
HOURS AFTER A BREATH TEST AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION
FOUR OF THIS SECTION INDICATES THAT ALCOHOL HAS BEEN CONSUMED BY SUCH
PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS ESTABLISHED BY
THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER.
(B) FOR THE PURPOSE OF THIS SUBDIVISION "REASONABLE CAUSE" SHALL BE
DETERMINED BY VIEWING THE TOTALITY OF CIRCUMSTANCES SURROUNDING THE
INCIDENT WHICH, WHEN TAKEN TOGETHER, INDICATE THAT THE OPERATOR WAS
OPERATING A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION OF ANY PARAGRAPH
OF SUBDIVISION ONE OF THIS SECTION. SUCH CIRCUMSTANCES MAY INCLUDE, BUT
ARE NOT LIMITED TO: EVIDENCE THAT THE OPERATOR WAS OPERATING A BICYCLE
WITH ELECTRIC ASSIST IN VIOLATION OF ANY PROVISION OF THIS CHAPTER,
LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION WHICH REGULATES THE
MANNER IN WHICH A BICYCLE WITH ELECTRIC ASSIST BE PROPERLY OPERATED AT
THE TIME OF THE INCIDENT; ANY VISIBLE INDICATION OF ALCOHOL OR DRUG
CONSUMPTION OR IMPAIRMENT BY THE OPERATOR; AND OTHER EVIDENCE SURROUND-
ING THE CIRCUMSTANCES OF THE INCIDENT WHICH INDICATES THAT THE OPERATOR
HAS BEEN OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE IMPAIRED BY THE
CONSUMPTION OF ALCOHOL OR DRUGS OR WAS INTOXICATED AT THE TIME OF THE
INCIDENT.
6. CHEMICAL TEST EVIDENCE. (A) UPON THE TRIAL OF ANY SUCH ACTION OR
PROCEEDING ARISING OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY ANY
PERSON ARRESTED FOR A VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF
THIS SECTION, THE COURT SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL OR
DRUGS IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST ADMINISTERED PURSUANT
TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
(B) THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF BLOOD ALCOHOL
CONTENT, AS DETERMINED BY SUCH TESTS, OF A PERSON ARRESTED FOR A
VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION AND WHO
WAS OPERATING A BICYCLE WITH ELECTRIC ASSIST:
(I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT THE
ABILITY OF SUCH PERSON TO OPERATE A BICYCLE WITH ELECTRIC ASSIST WAS NOT
IMPAIRED BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN
AN INTOXICATED CONDITION.
(II) EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
THAN .07 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE BUT NOT BE GIVEN
PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH PERSON TO
OPERATE A BICYCLE WITH ELECTRIC ASSIST WAS IMPAIRED BY THE CONSUMPTION
OF ALCOHOL.
(III) EVIDENCE THAT THERE WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN HIS OR HER BLOOD
SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
MINING WHETHER THE ABILITY OF SUCH PERSON TO OPERATE A BICYCLE WITH
ELECTRIC ASSIST WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
(C) EVIDENCE OF A REFUSAL TO SUBMIT TO A CHEMICAL TEST OR ANY PORTION
THEREOF SHALL BE ADMISSIBLE IN ANY TRIAL OR HEARING PROVIDED THE REQUEST
TO SUBMIT TO SUCH A TEST WAS MADE IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION FIVE OF THIS SECTION.
7. LIMITATIONS. (A) A BICYCLE WITH ELECTRIC ASSIST OPERATOR MAY BE
CONVICTED OF A VIOLATION OF PARAGRAPHS (A), (B), (C), (D) AND (E) OF
SUBDIVISION ONE OF THIS SECTION, NOTWITHSTANDING THAT THE CHARGE LAID
S. 7508 196 A. 9508
BEFORE THE COURT ALLEGED A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E)
OF SUBDIVISION ONE OF THIS SECTION, AND REGARDLESS OF WHETHER OR NOT
SUCH CONDITION IS BASED ON A PLEA OF GUILTY.
(B) IN ANY CASE WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
SECTION, ANY PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH
CHARGE MUST INCLUDE AT LEAST A PLEA OF GUILTY TO THE VIOLATION OF THE
PROVISIONS OF ONE OF THE PARAGRAPHS OF SUCH SUBDIVISION ONE AND NO OTHER
DISPOSITION BY PLEA OF GUILTY TO ANY OTHER CHARGE IN SATISFACTION OF
SUCH CHARGE SHALL BE AUTHORIZED; PROVIDED, HOWEVER, IF THE DISTRICT
ATTORNEY UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES THAT THE
CHARGE OF A VIOLATION OF SUBDIVISION ONE OF THIS SECTION IS NOT
WARRANTED, HE OR SHE MAY CONSENT, AND THE COURT MAY ALLOW, A DISPOSITION
BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE.
8. ENFORCEMENT UPON CRASH. NOTWITHSTANDING ANY PROVISION OF THIS
SECTION, NO PART OF THIS SECTION MAY BE ENFORCED UNLESS IN CONJUNCTION
WITH A CRASH INVOLVING AN OPERATOR OF A BICYCLE WITH ELECTRIC ASSIST.
FOR THE PURPOSES OF THIS SUBDIVISION, "CRASH" SHALL MEAN COLLIDING WITH
A VEHICLE, PERSON, BUILDING OR OTHER OBJECT.
§ 18. This act shall take effect immediately.
PART YY
Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003,
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section 1 of
part A of chapter 58 of the laws of 2017, is amended to read as follows:
§ 13. This act shall take effect immediately; [provided however that
sections one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed on April 1,
2020; provided further, however, that the provisions of section eleven
of this act shall take effect April 1, 2004 and shall expire and be
deemed repealed on April 1, 2020].
§ 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part A of chapter 58 of the laws of
2015, is amended to read as follows:
§ 2. This act shall take effect April 1, 2002; 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 April 1, 2002[; provided further, however, that this act shall
expire and be deemed repealed on April 1, 2020].
§ 3. This act shall take effect immediately.
PART ZZ
Section 1. Section 5 of chapter 751 of the laws of 2005, amending the
insurance law and the vehicle and traffic law relating to establishing
the accident prevention course internet technology pilot program, as
amended by section 3 of part D of chapter 58 of the laws of 2016, is
amended to read as follows:
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed April
1, [2020] 2022; provided that any rules and regulations necessary to
S. 7508 197 A. 9508
implement the provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.
§ 2. This act shall take effect immediately.
PART AAA
Section 1. The vehicle and traffic law is amended by adding a new
section 114-e to read as follows:
§ 114-E. ELECTRIC SCOOTER. EVERY TWO-WHEELED DEVICE THAT IS NO MORE
THAN SIXTY INCHES IN LENGTH, TWENTY-SIX INCHES IN WIDTH, AND FIFTY-FIVE
INCHES IN HEIGHT, WHICH IS DESIGNED TO TRANSPORT ONE PERSON SITTING OR
STANDING ON THE DEVICE AND CAN BE PROPELLED BY ANY POWER OTHER THAN
MUSCULAR POWER.
§ 2. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
§ 125. Motor vehicles. Every vehicle operated or driven upon a public
highway which is propelled by any power other than muscular power,
except (a) electrically-driven mobility assistance devices operated or
driven by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside a city with a population of one
million or more, (A-2) ELECTRIC SCOOTERS, (b) vehicles which run only
upon rails or tracks, (c) snowmobiles as defined in article forty-seven
of this chapter, and (d) all terrain vehicles as defined in article
forty-eight-B of this chapter. For the purposes of title four of this
chapter, the term motor vehicle shall exclude fire and police vehicles
other than ambulances. For the purposes of titles four and five of this
chapter the term motor vehicles shall exclude farm type tractors and all
terrain type vehicles used exclusively for agricultural purposes, or for
snow plowing, other than for hire, farm equipment, including self-pro-
pelled machines used exclusively in growing, harvesting or handling farm
produce, and self-propelled caterpillar or crawler-type equipment while
being operated on the contract site.
§ 3. Subparagraph b of paragraph 1 of subdivision (a) of section 1202
of the vehicle and traffic law, as amended by chapter 679 of the laws of
1970, is amended to read as follows:
b. On a sidewalk, EXCEPT AN ELECTRIC SCOOTER AS DEFINED IN SECTION ONE
HUNDRED FOURTEEN-E OF THIS CHAPTER;
§ 4. The vehicle and traffic law is amended by adding a new article
34-D to read as follows:
ARTICLE 34-D
OPERATION OF ELECTRIC SCOOTERS
SECTION 1280. EFFECT OF REQUIREMENTS.
1281. TRAFFIC LAWS APPLY TO PERSONS OPERATING ELECTRIC SCOOTERS;
LOCAL LAWS.
1282. OPERATING ELECTRIC SCOOTERS.
1283. CLINGING TO VEHICLES.
1284. RIDING ON ROADWAYS, SHOULDERS AND LANES RESERVED FOR NON-
MOTORIZED VEHICLES AND DEVICES.
1285. LAMPS AND OTHER EQUIPMENT.
1286. OPERATORS TO WEAR PROTECTIVE HEADGEAR.
1287. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC
SCOOTER WITHOUT REPORTING.
1288. OPERATION OF AN ELECTRIC SCOOTER WHILE UNDER THE INFLUENCE
OF ALCOHOL OR DRUGS.
S. 7508 198 A. 9508
§ 1280. EFFECT OF REQUIREMENTS. THE PARENT OF ANY CHILD AND THE GUARD-
IAN OF ANY WARD SHALL NOT AUTHORIZE OR KNOWINGLY PERMIT ANY SUCH CHILD
OR WARD TO VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE.
§ 1281. TRAFFIC LAWS APPLY TO PERSONS OPERATING ELECTRIC SCOOTERS;
LOCAL LAWS. 1. ELECTRIC SCOOTERS MAY ONLY BE OPERATED ON PUBLIC HIGHWAYS
WITH A POSTED SPEED LIMIT OF THIRTY MILES PER HOUR OR LESS, INCLUDING
NON-INTERSTATE PUBLIC HIGHWAYS, PRIVATE ROADS OPEN TO MOTOR VEHICLE
TRAFFIC, AND DESIGNATED BICYCLE OR IN-LINE SKATE LANES. EVERY PERSON
OPERATING AN ELECTRIC SCOOTER UPON A HIGHWAY OR ROADWAY SHALL BE GRANTED
ALL OF THE RIGHTS AND SHALL BE SUBJECT TO ALL OF THE DUTIES APPLICABLE
TO THE DRIVER OF A VEHICLE BY THIS TITLE, EXCEPT AS TO SPECIAL REQUIRE-
MENTS IN THIS ARTICLE AND EXCEPT AS TO THOSE PROVISIONS OF THIS TITLE
WHICH BY THEIR NATURE CAN HAVE NO APPLICATION.
2. THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE MAY, BY
LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION, FURTHER REGULATE THE
MAXIMUM SPEED, TIME, PLACE AND MANNER OF THE OPERATION OF ELECTRIC
SCOOTERS INCLUDING REQUIRING THE USE OF PROTECTIVE HEADGEAR AND WEARING
READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL, AND LIMITING OR PROHIB-
ITING THE USE THEREOF IN SPECIFIED AREAS UNDER THE JURISDICTION OF SUCH
COUNTY, CITY, TOWN OR VILLAGE OR PROHIBIT ENTIRELY THE USE OF ELECTRIC
SCOOTERS WITHIN SUCH COUNTY, CITY, TOWN OR VILLAGE. NOTWITHSTANDING
TITLE EIGHT OF THIS CHAPTER, THE GOVERNING BODY OF ANY COUNTY, CITY,
TOWN OR VILLAGE MAY NOT AUTHORIZE THE USE OF ELECTRIC SCOOTERS UPON
SIDEWALKS AND IT MAY NOT REGULATE THE PARKING, STANDING OR STOPPING OF
ELECTRIC SCOOTERS ON SIDEWALKS.
§ 1282. OPERATING ELECTRIC SCOOTERS. 1. NO ELECTRIC SCOOTER SHALL BE
USED TO CARRY MORE THAN ONE PERSON AT ONE TIME. NO PERSON OPERATING AN
ELECTRIC SCOOTER SHALL CARRY ANY PERSON AS A PASSENGER IN A PACK
FASTENED TO THE OPERATOR OR FASTENED TO SUCH SCOOTER.
2. NO PERSON OPERATING AN ELECTRIC SCOOTER SHALL CARRY ANY PACKAGE,
BUNDLE OR ARTICLE WHICH PREVENTS THE OPERATOR FROM KEEPING AT LEAST ONE
HAND UPON THE HANDLE BARS OR WHICH OBSTRUCTS HIS OR HER VISION IN ANY
DIRECTION.
3. EVERY PERSON OPERATING AN ELECTRIC SCOOTER SHALL YIELD THE RIGHT OF
WAY TO PEDESTRIANS.
4. EVERY OPERATOR OF AN ELECTRIC SCOOTER SHALL BE SIXTEEN YEARS OF AGE
OR OLDER.
5. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER IN EXCESS OF FIFTEEN
MILES PER HOUR.
6. THE OPERATION OF AN ELECTRIC SCOOTER ON A SIDEWALK IS PROHIBITED.
7. (A) THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE MAY, BY
LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION, AUTHORIZE AND REGULATE
SHARED ELECTRIC SCOOTER SYSTEMS WITHIN SUCH COUNTY, CITY, TOWN OR
VILLAGE. NO SUCH SHARED SYSTEMS SHALL OPERATE WITHIN A CITY, TOWN OR
VILLAGE EXCEPT AS AUTHORIZED BY SUCH LOCAL LAW, ORDINANCE, ORDER, RULE
OR REGULATION. NO SUCH SHARED ELECTRIC SCOOTER SYSTEM SHALL OPERATE ON
PUBLIC HIGHWAYS IN A COUNTY WITH A POPULATION OF NO LESS THAN ONE
MILLION FIVE HUNDRED EIGHTY-FIVE THOUSAND AND NO MORE THAN ONE MILLION
FIVE HUNDRED EIGHTY-SEVEN THOUSAND AS OF THE TWO THOUSAND TEN DECENNIAL
CENSUS. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM SHARED ELECTRIC
SCOOTER SYSTEM SHALL MEAN A NETWORK OF SELF-SERVICE AND PUBLICLY AVAIL-
ABLE ELECTRIC SCOOTERS, AND RELATED INFRASTRUCTURE, IN WHICH AN ELECTRIC
SCOOTER TRIP BEGINS AND/OR ENDS ON ANY PUBLIC HIGHWAY.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL
TRIP DATA, PERSONAL INFORMATION, IMAGES, VIDEOS, AND OTHER RECORDED
IMAGES COLLECTED BY ANY SHARED ELECTRIC SCOOTER SYSTEM WHICH IS AUTHOR-
S. 7508 199 A. 9508
IZED TO OPERATE WITHIN A CITY, TOWN OR VILLAGE PURSUANT TO THIS SECTION:
(I) SHALL BE FOR THE EXCLUSIVE USE OF SUCH SHARED ELECTRIC SCOOTER
SYSTEM AND SHALL NOT BE SOLD, DISTRIBUTED OR OTHERWISE MADE AVAILABLE
FOR ANY COMMERCIAL PURPOSE AND (II) SHALL NOT BE DISCLOSED OR OTHERWISE
MADE ACCESSIBLE EXCEPT: (1) TO THE PERSON WHO IS THE SUBJECT OF SUCH
DATA, INFORMATION OR RECORD; OR (2) IF NECESSARY TO COMPLY WITH A LAWFUL
COURT ORDER, JUDICIAL WARRANT SIGNED BY A JUDGE APPOINTED PURSUANT TO
ARTICLE III OF THE UNITED STATES CONSTITUTION, OR SUBPOENA FOR INDIVID-
UAL DATA, INFORMATION OR RECORDS PROPERLY ISSUED PURSUANT TO THE CRIMI-
NAL PROCEDURE LAW OR THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEV-
ER, THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO PRECLUDE
THE EXCHANGE OF SUCH DATA, INFORMATION OR RECORDED IMAGES SOLELY FOR THE
PURPOSE OF ADMINISTERING SUCH AUTHORIZED SHARED SYSTEM.
8. A FIRST VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL RESULT IN
NO FINE. A SECOND OR SUBSEQUENT VIOLATION SHALL RESULT IN A CIVIL FINE
NOT TO EXCEED FIFTY DOLLARS.
§ 1283. CLINGING TO VEHICLES. 1. NO PERSON OPERATING AN ELECTRIC
SCOOTER SHALL ATTACH SUCH SCOOTER, OR HIMSELF OR HERSELF TO ANY VEHICLE
BEING OPERATED UPON A ROADWAY.
2. NO VEHICLE OPERATOR SHALL KNOWINGLY PERMIT ANY PERSON TO ATTACH ANY
ELECTRIC SCOOTER OR HIMSELF OR HERSELF TO SUCH OPERATOR'S VEHICLE IN
VIOLATION OF SUBDIVISION ONE OF THIS SECTION.
§ 1284. RIDING ON ROADWAYS, SHOULDERS AND LANES RESERVED FOR NON-MO-
TORIZED VEHICLES AND DEVICES. 1. UPON ALL ROADWAYS, ANY ELECTRIC SCOOTER
SHALL BE OPERATED EITHER ON A USABLE BICYCLE OR IN-LINE SKATE LANE OR,
IF A USABLE BICYCLE OR IN-LINE SKATE LANE HAS NOT BEEN PROVIDED, NEAR
THE RIGHT-HAND CURB OR EDGE OF THE ROADWAY OR UPON A USABLE RIGHT-HAND
SHOULDER IN SUCH A MANNER AS TO PREVENT UNDUE INTERFERENCE WITH THE FLOW
OF TRAFFIC EXCEPT WHEN PREPARING TO TURN LEFT AT AN INTERSECTION OR WHEN
REASONABLY NECESSARY TO AVOID CONDITIONS THAT WOULD MAKE IT UNSAFE TO
CONTINUE ALONG NEAR THE RIGHT-HAND CURB OR EDGE OF THE ROADWAY. CONDI-
TIONS TO BE TAKEN INTO CONSIDERATION INCLUDE, BUT ARE NOT LIMITED TO,
FIXED OR MOVING OBJECTS, VEHICLES, BICYCLES, IN-LINE SKATERS, PEDESTRI-
ANS, ANIMALS, SURFACE HAZARDS AND TRAFFIC LANES TOO NARROW FOR AN ELEC-
TRIC SCOOTER AND A VEHICLE TO TRAVEL SAFELY SIDE-BY-SIDE WITHIN THE
LANE.
2. PERSONS OPERATING ELECTRIC SCOOTERS UPON A ROADWAY SHALL RIDE
SINGLE FILE. PERSONS OPERATING ELECTRIC SCOOTERS UPON A SHOULDER, BICY-
CLE OR IN-LINE SKATE LANE, OR BICYCLE OR IN-LINE SKATE PATH, INTENDED
FOR THE USE OF BICYCLES, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES,
ELECTRIC SCOOTERS, OR IN-LINE SKATES MAY RIDE TWO OR MORE ABREAST IF
SUFFICIENT SPACE IS AVAILABLE, EXCEPT THAT WHEN PASSING A VEHICLE, BICY-
CLE, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE, ELECTRIC SCOOTER,
PERSON ON IN-LINE SKATES OR PEDESTRIAN STANDING OR PROCEEDING ALONG SUCH
SHOULDER, LANE OR PATH, PERSONS OPERATING ELECTRIC SCOOTERS SHALL OPER-
ATE SUCH SCOOTER IN SINGLE FILE.
3. ANY PERSON OPERATING AN ELECTRIC SCOOTER WHO IS ENTERING THE ROAD-
WAY FROM A PRIVATE ROAD, DRIVEWAY, ALLEY OR OVER A CURB SHALL COME TO A
FULL STOP BEFORE ENTERING THE ROADWAY.
§ 1285. LAMPS AND OTHER EQUIPMENT. 1. EVERY ELECTRIC SCOOTER WHEN IN
USE DURING THE PERIOD FROM ONE-HALF HOUR AFTER SUNSET TO ONE-HALF HOUR
BEFORE SUNRISE SHALL BE EQUIPPED WITH A LAMP ON THE FRONT WHICH SHALL
EMIT A WHITE LIGHT VISIBLE DURING HOURS OF DARKNESS FROM A DISTANCE OF
AT LEAST FIVE HUNDRED FEET TO THE FRONT AND WITH A RED LIGHT VISIBLE TO
THE REAR FOR THREE HUNDRED FEET. AT LEAST ONE OF THESE LIGHTS SHALL BE
VISIBLE FOR TWO HUNDRED FEET FROM EACH SIDE.
S. 7508 200 A. 9508
2. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER UNLESS IT IS EQUIPPED
WITH A BELL OR OTHER DEVICE CAPABLE OF GIVING A SIGNAL AUDIBLE FOR A
DISTANCE OF AT LEAST ONE HUNDRED FEET, EXCEPT THAT SUCH SCOOTER SHALL
NOT BE EQUIPPED WITH NOR SHALL ANY PERSON USE UPON SUCH SCOOTER ANY
SIREN OR WHISTLE.
3. EVERY ELECTRIC SCOOTER SHALL BE EQUIPPED WITH A SYSTEM THAT ENABLES
THE OPERATOR TO BRING THE DEVICE TO A CONTROLLED STOP.
§ 1286. OPERATORS TO WEAR PROTECTIVE HEADGEAR. 1. NO PERSON SIXTEEN OR
SEVENTEEN YEARS OF AGE SHALL RIDE UPON, PROPEL OR OTHERWISE OPERATE AN
ELECTRIC SCOOTER UNLESS SUCH PERSON IS WEARING A HELMET MEETING STAND-
ARDS ESTABLISHED BY THE COMMISSIONER PURSUANT TO THE PROVISIONS OF
SUBDIVISION TWO-A OF SECTION TWELVE HUNDRED THIRTY-EIGHT OF THIS TITLE.
AS USED IN THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A PROPERLY
FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
STRAPS SECURELY FASTENED.
2. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION SHALL PAY A CIVIL FINE NOT TO EXCEED FIFTY DOLLARS.
3. THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION WOULD BE LIABLE IF SUCH
PERSON SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION
AND THE APPEARANCE DATE FOR SUCH VIOLATION SUCH PERSON PURCHASED OR
RENTED A HELMET, WHICH MEETS THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
SECTION, OR IF THE COURT FINDS THAT DUE TO REASONS OF ECONOMIC HARDSHIP
SUCH PERSON WAS UNABLE TO PURCHASE A HELMET OR DUE TO SUCH ECONOMIC
HARDSHIP SUCH PERSON WAS UNABLE TO OBTAIN A HELMET FROM THE STATEWIDE
IN-LINE SKATE AND BICYCLE HELMET DISTRIBUTION PROGRAM, AS ESTABLISHED IN
SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW OR A LOCAL DISTRIBUTION
PROGRAM. SUCH WAIVER OF FINE SHALL NOT APPLY TO A SECOND OR SUBSEQUENT
CONVICTION UNDER SUBDIVISION ONE OF THIS SECTION.
4. THE FAILURE OF ANY PERSON TO COMPLY WITH THE PROVISIONS OF THIS
SECTION SHALL NOT CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMPTION OF
RISK, AND SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION FOR
PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN
ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.
§ 1287. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC SCOOTER
WITHOUT REPORTING. 1. (A) ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER
OPERATING AN ELECTRIC SCOOTER WHO, KNOWING OR HAVING CAUSE TO KNOW, THAT
PHYSICAL INJURY, AS DEFINED IN SUBDIVISION NINE OF SECTION 10.00 OF THE
PENAL LAW, HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO THE OPERATION OF
SUCH ELECTRIC SCOOTER BY SUCH PERSON SHALL, BEFORE LEAVING THE PLACE
WHERE SUCH PHYSICAL INJURY OCCURRED, STOP AND PROVIDE HIS OR HER NAME
AND RESIDENCE, INCLUDING STREET AND STREET NUMBER, TO THE INJURED PARTY,
IF PRACTICAL, AND ALSO TO A POLICE OFFICER, OR IN THE EVENT THAT NO
POLICE OFFICER IS IN THE VICINITY OF THE PLACE OF SAID INJURY, THEN SUCH
PERSON SHALL REPORT SAID INCIDENT AS SOON AS PHYSICALLY ABLE TO THE
NEAREST POLICE STATION OR JUDICIAL OFFICER.
(B) A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE A
VIOLATION.
2. (A) ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER OPERATING AN ELECTRIC
SCOOTER WHO, KNOWING OR HAVING CAUSE TO KNOW, THAT SERIOUS PHYSICAL
INJURY, AS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW,
HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO THE OPERATION OF SUCH ELECTRIC
SCOOTER BY SUCH PERSON SHALL, BEFORE LEAVING THE PLACE WHERE SUCH SERI-
OUS PHYSICAL INJURY OCCURRED, STOP AND PROVIDE HIS OR HER NAME AND RESI-
DENCE, INCLUDING STREET AND STREET NUMBER, TO THE INJURED PARTY, IF
PRACTICAL, AND ALSO TO A POLICE OFFICER, OR IN THE EVENT THAT NO POLICE
S. 7508 201 A. 9508
OFFICER IS IN THE VICINITY OF THE PLACE OF SAID INJURY, THEN SUCH PERSON
SHALL REPORT SAID INCIDENT AS SOON AS PHYSICALLY ABLE TO THE NEAREST
POLICE STATION OR JUDICIAL OFFICER.
(B) A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE A CLASS
B MISDEMEANOR.
§ 1288. OPERATION OF AN ELECTRIC SCOOTER WHILE UNDER THE INFLUENCE OF
ALCOHOL OR DRUGS. 1. OFFENSES; CRIMINAL PENALTIES. (A) NO PERSON SHALL
OPERATE AN ELECTRIC SCOOTER WHILE HIS OR HER ABILITY TO OPERATE SUCH
ELECTRIC SCOOTER IS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
(I) A VIOLATION OF THIS SUBDIVISION SHALL BE AN OFFENSE AND SHALL BE
PUNISHABLE BY A FINE OF NOT LESS THAN THREE HUNDRED DOLLARS NOR MORE
THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY OR COUN-
TY JAIL FOR NOT MORE THAN FIFTEEN DAYS, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
(II) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF THIS
SUBDIVISION AFTER BEING CONVICTED OF A VIOLATION OF ANY SUBDIVISION OF
THIS SECTION WITHIN THE PRECEDING FIVE YEARS SHALL BE PUNISHED BY A FINE
OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN SEVEN HUNDRED FIFTY
DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IN A PENITENTI-
ARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
(III) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF THIS
SUBDIVISION AFTER BEING CONVICTED TWO OR MORE TIMES OF A VIOLATION OF
ANY SUBDIVISION OF THIS SECTION WITHIN THE PRECEDING TEN YEARS SHALL BE
GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY A FINE OF NOT LESS
THAN SEVEN HUNDRED FIFTY DOLLARS NOR MORE THAN FIFTEEN HUNDRED DOLLARS,
OR BY IMPRISONMENT OF NOT MORE THAN ONE HUNDRED EIGHTY DAYS IN A PENI-
TENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
(B) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HE OR SHE HAS
.08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN HIS OR HER BLOOD,
BREATH, URINE, OR SALIVA, AS DETERMINED BY THE CHEMICAL TEST MADE PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
(C) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HE OR SHE IS IN
AN INTOXICATED CONDITION.
(D) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HIS OR HER ABIL-
ITY TO OPERATE SUCH ELECTRIC SCOOTER IS IMPAIRED BY THE USE OF A DRUG AS
DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
(E) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HIS OR HER ABIL-
ITY TO OPERATE SUCH ELECTRIC SCOOTER IS IMPAIRED BY THE COMBINED INFLU-
ENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS AS DEFINED BY SECTION
ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
(F)(I) A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS SUBDIVI-
SION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY IMPRISONMENT IN A
PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF
NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS,
OR BY BOTH SUCH FINE AND IMPRISONMENT.
(II) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF PARA-
GRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING BEEN
CONVICTED OF A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS
SUBDIVISION, OR OF OPERATING AN ELECTRIC SCOOTER WHILE INTOXICATED OR
WHILE UNDER THE INFLUENCE OF DRUGS, OR WHILE UNDER THE COMBINED INFLU-
ENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS, WITHIN THE PRECEDING
TEN YEARS, SHALL BE GUILTY OF A CLASS E FELONY AND SHALL BE PUNISHED BY
A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR BY A FINE OF
NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS,
OR BY BOTH SUCH FINE AND IMPRISONMENT.
S. 7508 202 A. 9508
(III) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF PARA-
GRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING BEEN TWICE
CONVICTED OF A VIOLATION OF ANY OF SUCH PARAGRAPH (B), (C), (D) OR (E)
OF THIS SUBDIVISION OR OF OPERATING AN ELECTRIC SCOOTER WHILE INTOXICAT-
ED OR UNDER THE INFLUENCE OF DRUGS, OR WHILE UNDER THE COMBINED INFLU-
ENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS, WITHIN THE PRECEDING
TEN YEARS, SHALL BE GUILTY OF A CLASS D FELONY AND SHALL BE PUNISHED BY
A FINE OF NOT LESS THAN TWO THOUSAND DOLLARS NOR MORE THAN TEN THOUSAND
DOLLARS OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR
BY BOTH SUCH FINE AND IMPRISONMENT.
2. SENTENCING LIMITATIONS. NOTWITHSTANDING ANY PROVISION OF THE PENAL
LAW, NO JUDGE OR MAGISTRATE SHALL IMPOSE A SENTENCE OF UNCONDITIONAL
DISCHARGE FOR A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVI-
SION ONE OF THIS SECTION NOR SHALL HE OR SHE IMPOSE A SENTENCE OF CONDI-
TIONAL DISCHARGE UNLESS SUCH CONDITIONAL DISCHARGE IS ACCOMPANIED BY A
SENTENCE OF A FINE AS PROVIDED IN THIS SECTION.
3. SENTENCING; PREVIOUS CONVICTIONS. WHEN SENTENCING A PERSON FOR A
VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
SECTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION
ONE OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE
PERSON MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,
OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE
PRECEDING TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF PARA-
GRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION PURSUANT
TO SUBPARAGRAPH (III) OF PARAGRAPH (F) OF SUBDIVISION ONE OF THIS
SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY
HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR, OR FOUR-A
OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE PRECEDING
TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH (II)
OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, THE COURT SHALL
CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A VIOLATION OF
ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITH-
IN THE PRECEDING FIVE YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF
SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION,
THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A
VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS TITLE WITHIN THE PRECEDING TEN YEARS.
4. ARREST AND TESTING. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION
140.10 OF THE CRIMINAL PROCEDURE LAW, A POLICE OFFICER MAY, WITHOUT A
WARRANT, ARREST A PERSON, IN CASE OF A VIOLATION OF ANY PARAGRAPH OF
SUBDIVISION ONE OF THIS SECTION, IF SUCH VIOLATION IS COUPLED WITH AN
ACCIDENT OR COLLISION IN WHICH SUCH PERSON IS INVOLVED, WHICH IN FACT
HAD BEEN COMMITTED, THOUGH NOT IN THE POLICE OFFICER'S PRESENCE, WHEN HE
OR SHE HAS REASONABLE CAUSE TO BELIEVE THAT THE VIOLATION WAS COMMITTED
BY SUCH PERSON. FOR THE PURPOSES OF THIS SUBDIVISION POLICE OFFICER
SHALL ALSO INCLUDE A PEACE OFFICER AUTHORIZED TO ENFORCE THIS CHAPTER
WHEN THE ALLEGED VIOLATION CONSTITUTES A CRIME.
(B) BREATH TEST FOR OPERATORS OF ELECTRIC SCOOTERS. EVERY PERSON
OPERATING AN ELECTRIC SCOOTER WHICH HAS BEEN INVOLVED IN AN ACCIDENT OR
WHICH IS OPERATED IN VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION
WHICH REGULATE THE MANNER IN WHICH AN ELECTRIC SCOOTER IS TO BE PROPERLY
OPERATED SHALL, AT THE REQUEST OF A POLICE OFFICER, SUBMIT TO A BREATH
TEST TO BE ADMINISTERED BY THE POLICE OFFICER. IF SUCH TEST INDICATES
THAT SUCH OPERATOR HAS CONSUMED ALCOHOL, THE POLICE OFFICER MAY REQUEST
SUCH OPERATOR TO SUBMIT TO A CHEMICAL TEST IN THE MANNER SET FORTH IN
SUBDIVISION FIVE OF THIS SECTION.
S. 7508 203 A. 9508
5. CHEMICAL TESTS. (A) ANY PERSON WHO OPERATES AN ELECTRIC SCOOTER
SHALL BE REQUESTED TO CONSENT TO A CHEMICAL TEST OF ONE OR MORE OF THE
FOLLOWING: BREATH, BLOOD, URINE, OR SALIVA FOR THE PURPOSE OF DETERMIN-
ING THE ALCOHOLIC OR DRUG CONTENT OF HIS OR HER BLOOD, PROVIDED THAT
SUCH TEST IS ADMINISTERED AT THE DIRECTION OF A POLICE OFFICER: (I)
HAVING REASONABLE CAUSE TO BELIEVE SUCH PERSON TO HAVE BEEN OPERATING IN
VIOLATION OF THIS SUBDIVISION OR PARAGRAPH (A), (B), (C), (D) OR (E) OF
SUBDIVISION ONE OF THIS SECTION AND WITHIN TWO HOURS AFTER SUCH PERSON
HAS BEEN PLACED UNDER ARREST FOR ANY SUCH VIOLATION OR (II) WITHIN TWO
HOURS AFTER A BREATH TEST AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION
FOUR OF THIS SECTION INDICATES THAT ALCOHOL HAS BEEN CONSUMED BY SUCH
PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS ESTABLISHED BY
THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER.
(B) FOR THE PURPOSE OF THIS SUBDIVISION "REASONABLE CAUSE" SHALL BE
DETERMINED BY VIEWING THE TOTALITY OF CIRCUMSTANCES SURROUNDING THE
INCIDENT WHICH, WHEN TAKEN TOGETHER, INDICATE THAT THE OPERATOR WAS
OPERATING AN ELECTRIC SCOOTER IN VIOLATION OF ANY PARAGRAPH OF SUBDIVI-
SION ONE OF THIS SECTION. SUCH CIRCUMSTANCES MAY INCLUDE, BUT ARE NOT
LIMITED TO: EVIDENCE THAT THE OPERATOR WAS OPERATING AN ELECTRIC SCOOTER
IN VIOLATION OF ANY PROVISION OF THIS CHAPTER, LOCAL LAW, ORDINANCE,
ORDER, RULE OR REGULATION WHICH REGULATES THE MANNER IN WHICH AN ELEC-
TRIC SCOOTER BE PROPERLY OPERATED AT THE TIME OF THE INCIDENT; ANY VISI-
BLE INDICATION OF ALCOHOL OR DRUG CONSUMPTION OR IMPAIRMENT BY THE OPER-
ATOR; AND OTHER EVIDENCE SURROUNDING THE CIRCUMSTANCES OF THE INCIDENT
WHICH INDICATES THAT THE OPERATOR HAS BEEN OPERATING AN ELECTRIC SCOOTER
WHILE IMPAIRED BY THE CONSUMPTION OF ALCOHOL OR DRUGS OR WAS INTOXICATED
AT THE TIME OF THE INCIDENT.
6. CHEMICAL TEST EVIDENCE. (A) UPON THE TRIAL OF ANY SUCH ACTION OR
PROCEEDING ARISING OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY ANY
PERSON ARRESTED FOR A VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF
THIS SECTION, THE COURT SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL OR
DRUGS IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST ADMINISTERED PURSUANT
TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
(B) THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF BLOOD ALCOHOL
CONTENT, AS DETERMINED BY SUCH TESTS, OF A PERSON ARRESTED FOR A
VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION AND WHO
WAS OPERATING AN ELECTRIC SCOOTER:
(I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT THE
ABILITY OF SUCH PERSON TO OPERATE AN ELECTRIC SCOOTER WAS NOT IMPAIRED
BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN AN INTOX-
ICATED CONDITION.
(II) EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
THAN .07 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE BUT NOT BE GIVEN
PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH PERSON TO
OPERATE AN ELECTRIC SCOOTER WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
(III) EVIDENCE THAT THERE WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN HIS OR HER BLOOD
SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
MINING WHETHER THE ABILITY OF SUCH PERSON TO OPERATE AN ELECTRIC SCOOTER
WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
(C) EVIDENCE OF A REFUSAL TO SUBMIT TO A CHEMICAL TEST OR ANY PORTION
THEREOF SHALL BE ADMISSIBLE IN ANY TRIAL OR HEARING PROVIDED THE REQUEST
S. 7508 204 A. 9508
TO SUBMIT TO SUCH A TEST WAS MADE IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION FIVE OF THIS SECTION.
7. LIMITATIONS. (A) AN ELECTRIC SCOOTER OPERATOR MAY BE CONVICTED OF A
VIOLATION OF PARAGRAPHS (A), (B), (D) AND (E) OF SUBDIVISION ONE OF THIS
SECTION, NOTWITHSTANDING THAT THE CHARGE LAID BEFORE THE COURT ALLEGED A
VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
SECTION, AND REGARDLESS OF WHETHER OR NOT SUCH CONDITION IS BASED ON A
PLEA OF GUILTY.
(B) IN ANY CASE WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
SECTION, ANY PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH
CHARGE MUST INCLUDE AT LEAST A PLEA OF GUILTY TO THE VIOLATION OF THE
PROVISIONS OF ONE OF THE PARAGRAPHS OF SUBDIVISION ONE OF THIS SECTION
AND NO OTHER DISPOSITION BY PLEA OF GUILTY TO ANY OTHER CHARGE IN SATIS-
FACTION OF SUCH CHARGE SHALL BE AUTHORIZED; PROVIDED, HOWEVER, IF THE
DISTRICT ATTORNEY UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES THAT
THE CHARGE OF A VIOLATION OF SUBDIVISION ONE OF THIS SECTION IS NOT
WARRANTED, HE OR SHE MAY CONSENT, AND THE COURT MAY ALLOW, A DISPOSITION
BY A PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE.
8. ENFORCEMENT UPON CRASH. NOTWITHSTANDING ANY PROVISION OF THIS
SECTION, NO PART OF THIS SECTION MAY BE ENFORCED UNLESS IN CONJUNCTION
WITH A CRASH INVOLVING AN OPERATOR OF AN ELECTRIC SCOOTER. FOR THE
PURPOSES OF THIS SUBDIVISION, CRASH SHALL MEAN FALLING TO THE GROUND OR
COLLIDING WITH A VEHICLE, PERSON, BUILDING OR OTHER OBJECT.
§ 5. This act shall take effect immediately.
PART BBB
Section 1. Section 410 of the economic development law is REPEALED.
§ 2. Section 3102-b of public authorities law, as added by chapter 562
of the laws of 1982 and as renumbered by chapter 291 of the laws of
1990, the opening paragraph as amended by chapter 616 of the laws of
1991, paragraph (a) of subdivision 1, subdivision 3 and paragraph (a) of
subdivision 6 as amended by chapter 191 of the laws of 2010, subdivi-
sions 5 and 6 as added by chapter 828 of the laws of 1987, is amended to
read as follows:
§ 3102-b. Centers for advanced technology. In order to encourage
greater collaboration between private industry and the universities of
the state in the development and application of new technologies, the
[foundation] DEPARTMENT OF ECONOMIC DEVELOPMENT (HEREINAFTER "DEPART-
MENT") is authorized to designate for advanced technology such areas as
integrated electronics, optics, biotechnology, telecommunications, auto-
mation and robotics, electronics packaging, imaging technology and
others identified by the [foundation] DEPARTMENT as having significant
potential for economic growth in New York, or in which the application
of new technologies could significantly enhance the productivity and
stability of New York businesses. Such designations shall be made in
accordance with the standards and criteria set forth in subdivision two
of this section. Centers so designated shall be eligible for support
from the [foundation] DEPARTMENT in the manner provided for in subdivi-
sion three of this section, and for such additional support as may
otherwise be provided by law.
1. As used in this section:
(a) "center for advanced technology" or "center" means a university or
university-affiliated research institute or a consortium of such insti-
tutions, designated by the [foundation] DEPARTMENT, which conducts a
S. 7508 205 A. 9508
continuing program of basic and applied research, development, and tech-
nology commercialization in one or more technological areas, in collab-
oration with and through the support of private business and industry;
and
(b) "applicant" means a university or university-affiliated research
institute or a consortium of such institutions which request designation
as a center in accordance with such requirements as are established by
the [foundation] DEPARTMENT for this purpose. FOR THE PURPOSES OF THIS
SUBDIVISION, UNIVERSITIES, UNIVERSITY-AFFILIATED RESEARCH INSTITUTES OR
A CONSORTIUM OF SUCH INSTITUTIONS DESIGNATED AS CENTERS OF EXCELLENCE
UNDER SECTION FOUR HUNDRED TEN OF THE ECONOMIC DEVELOPMENT LAW AT THE
TIME OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
TWENTY THAT AMENDED THIS SUBDIVISION MAY APPLY FOR DESIGNATION AS
CENTERS FOR ADVANCED TECHNOLOGY.
2. The [foundation] DEPARTMENT shall:
(a) identify technological areas for which centers should be desig-
nated including technological areas that are related to industries with
significant potential for economic growth and development in New York
state and technological areas that are related to the enhancement of
productivity in various industries located in New York state.
(b) establish criteria that applicants must satisfy for designation as
a center, including, but not limited to the following:
(i) an established record of research, development and instruction in
the area or areas of technology involved;
(ii) the capacity to conduct research and development activities in
collaboration with business and industry;
(iii) the capacity to secure substantial private and other govern-
mental funding for the proposed center, in amounts at least equal to the
total of support sought from the state;
(iv) the ability and willingness to cooperate with other institutions
in the state in conducting research and development activities, and in
disseminating research results; and to work with technical and community
colleges in the state to enhance the quality of technical education in
the area or areas of technology involved;
(v) the ability and willingness to cooperate with the [foundation]
DEPARTMENT and other economic development agencies in promoting the
growth and development in New York state of industries based upon or
benefiting from the area or areas of technology involved.
(c) establish such requirements as it deems appropriate for the
format, content and filing of applications for designation as centers
for advanced technology.
(d) establish such procedures as it deems appropriate for the evalu-
ation of applications for designation as centers for advanced technolo-
gy, including the establishment of peer review panels composed of
nationally recognized experts in the technological areas and industries
to which the application is related.
3. (a) From such funds as may be appropriated for this purpose by the
legislature, the [foundation] DEPARTMENT may provide financial support,
through contracts or other means, to designated centers for advanced
technology, in order to enhance and accelerate the development of such
centers. Funds received pursuant to this subdivision may be used for
purchase of equipment and fixtures, employment of faculty and support
staff, provision of graduate fellowships, and other purposes approved by
the [foundation] DEPARTMENT, but may not be used for capital
construction. In each case, the amount provided by the [foundation]
S. 7508 206 A. 9508
DEPARTMENT to a center shall be matched by commitments of support from
private and governmental other than state sources provided that:
(i) funds or in-kind resources provided by the public or private
university of which the center is a part may be counted towards the
match;
(ii) such match shall not be required on a project-by-project basis;
(iii) matching funds received from businesses with no more than one
hundred employees shall count as double the actual dollar amount toward
the center's overall match requirement;
(iv) funds used by the center for any workforce development activities
required by the [foundation] DEPARTMENT shall not be included as part of
the center's award when determining the amount of matching funds
required by the [foundation] DEPARTMENT. Such activities shall include,
but are not limited to, helping incumbent workers expand their skill
sets through short courses, seminars, and workshops; providing indus-
try-driven research assistant opportunities for students, and aiding in
the development of undergraduate and graduate courses in the center's
technology focus to help ensure that students are trained to meet the
needs of industry;
(v) centers may use not more then twenty-five percent of indirect
costs towards any match requirements.
(b) The amount provided by the [foundation] DEPARTMENT shall be made
in accordance with the following:
(i) for the academic year in which it is first funded as a designated
center, and the five subsequent years, the amount provided by the [foun-
dation] DEPARTMENT to a center shall be matched equally by the center;
(ii) beginning in the sixth academic year following the academic year
in which a center is first funded as a designated center and for each
academic year thereafter, amounts provided by the [foundation] DEPART-
MENT of up to seven hundred fifty thousand dollars shall be matched
equally by the center, amounts in excess of seven hundred fifty thousand
dollars shall be matched by the center in amounts of at least the
percentage set forth herein: in the sixth year, one hundred twenty
percent; in the seventh year, one hundred forty percent; in the eighth
year, one hundred sixty percent; in the ninth year, one hundred eighty
percent; in the tenth year and each year thereafter, two hundred
percent;
(iii) beginning in the ninth academic year following the academic year
in which a center is first funded as a designated center, the [founda-
tion] DEPARTMENT shall evaluate such center's area of advanced technolo-
gy to determine whether it has continued significant potential for
enhancing economic growth in New York, or whether the application of
technologies in the area could significantly enhance the productivity
and stability of New York businesses;
(iv) upon a finding by the [foundation] DEPARTMENT that an area of
advanced technology has continued significant potential for enhancing
economic growth in New York, or that the application of technologies in
the area could significantly enhance the productivity and stability of
New York businesses, the [foundation] DEPARTMENT will initiate a redes-
ignation process in accordance with the standards and criteria set forth
in paragraph (b) of subdivision two and in accordance with paragraphs
(c) and (d) of subdivision two of this section.
(1) In the event a new center is selected in the redesignation proc-
ess, the [foundation] DEPARTMENT shall provide funds to such new center
in accordance with the funding match requirements set forth in subpara-
graphs (i) and (ii) of paragraph (a) of this subdivision.
S. 7508 207 A. 9508
(2) In the event a previously designated center is redesignated in the
same area of technology, which redesignation is effective for the tenth
academic year following the first academic year of both designation and
funding, then, in that year and in each year thereafter, the [founda-
tion] DEPARTMENT shall provide funds of up to seven hundred fifty thou-
sand dollars to be matched equally by the center, amounts in excess of
seven hundred fifty thousand dollars shall be matched by the center in
amounts of at least two hundred percent.
(3) In the event a currently designated center is not selected in the
redesignation process for an additional term, or upon a finding by the
[foundation] DEPARTMENT that the area of advanced technology does not
have significant potential for enhancing economic growth in New York, or
upon a finding that the application of technologies in that area would
not significantly enhance the productivity and stability of New York
businesses, then the [foundation] DEPARTMENT shall, in the tenth academ-
ic year following such center's first both designation and funding,
which year shall be the final year of funding for such center, provide
an amount of up to five hundred thousand dollars.
(c) Continued funding of the operations of each center shall be based
upon a showing that: the center continues to comply with the criteria
established by the [foundation] DEPARTMENT pursuant to paragraph (b) of
subdivision two of this section; a demonstration of assistance to small
businesses in New York state through research, technology transfer or
other means as approved by the [foundation] DEPARTMENT; evidence of
partnerships with other appropriate entities to develop outreach
networks and ensure that companies receive access to appropriate federal
funding for technology development and commercialization as well as
non-research assistance such as general business consulting. Appropriate
partners are those with which the center demonstrates a relationship
that enhances and advances the center's ability to aid economic growth
in New York state; and compliance with the rules, regulations and guide-
lines of the [foundation] DEPARTMENT; and, compliance with any contracts
between the [foundation] DEPARTMENT and the designated center.
(d) Each center shall report on its activities to the [foundation]
DEPARTMENT in a manner and according to the schedule established by the
[foundation] DEPARTMENT, and shall provide such additional information
as the [foundation] DEPARTMENT may require provided, that quantifiable
economic development impact measures are not restricted to any period
less than five years and that centers provide a full description of all
non-quantifiable measures. The [foundation] DEPARTMENT shall evaluate
center operations using methods such as site visits, reporting of speci-
fied information and peer review evaluations using experts in the field
of technology in which the center was designated. The [foundation]
DEPARTMENT shall notify each center of the results of its evaluations
and findings of deficiencies in the operation of such center or its
research, education, or technology commercialization activities and
shall work with such centers to remedy such findings. If such factors
are not remedied, the [foundation] DEPARTMENT may withdraw the state
funding support, in whole or in part, or withdraw the center desig-
nation.
(e) In order to encourage that the results of center research benefit
New York state, designation and continued funding of each center shall
be contingent upon each center's establishing within its licensing
guidelines the following: after payment of the inventor's share, a
reduced payment due to the university of any royalty, income or other
consideration earned from the license or sale of intellectual property
S. 7508 208 A. 9508
rights created or developed at, or through the use of, the facilities of
the center by any person or entity if the manufacturing or use resulting
from such intellectual property rights occurs within New York state. The
[foundation] DEPARTMENT shall promulgate rules and regulations regarding
the provisions of the licensing guidelines described herein as they
apply to such reduced payment, and such provisions shall be subject to
the approval of the [foundation] DEPARTMENT.
4. From such funds as may be appropriated for this purpose by the
legislature, the [foundation] DEPARTMENT may provide grants to any one
university or university-affiliated research institution for purposes of
planning and program development aimed at enabling such university or
university-affiliated research institution to qualify for designation as
a center. Such grants shall be awarded on a competitive basis, and shall
be available only to those applicants which in the judgment of the
[foundation] DEPARTMENT may reasonably be expected to be designated as
centers. No applicant shall receive more than one such grant.
5. (a) From such funds as may be appropriated for the purpose of
incentive grants or other funds which may be available from the [founda-
tion] DEPARTMENT to enhance center activities in areas of crucial inter-
est in the state's economic development, the [foundation] DEPARTMENT may
provide grants, on a competitive basis, to centers for projects includ-
ing, but not limited to, those which:
(i) explore new technologies with commercial application conducted
jointly by two or more centers or a center and non-center university,
college or community college;
(ii) are aimed at enhancing or accelerating the process of bringing
new products, particularly those under development by new small busi-
nesses, to the marketplace; or
(iii) increase technology transfer projects with the state's mature
manufacturing industries in applying technology in their manufacturing
processes or for new product development.
(b) State support for incentive grants may be matched on an individual
basis by the [foundation] DEPARTMENT, which may consider the type of
project and the availability of amounts from private, university and
governmental, other than state, sources.
6. (a) The [foundation] DEPARTMENT shall make an annual report of the
centers for advanced technology program to the governor and the legisla-
ture not later than September first of each year. Such report shall
include, but not be limited to, the results of the [foundation's]
DEPARTMENT'S evaluation of each center, a description of the achievement
of each center, any deficiencies in the operation of each center or its
research, education and technology commercialization activities, remedi-
al actions recommended by the [foundation] DEPARTMENT, remedial actions
taken by each center, a description of the small business assistance
provided by each center, a description of any incentive grant program
awarded a grant by the [foundation] DEPARTMENT and the achievements of
such program, and the amount of financial assistance provided by the
[foundation] DEPARTMENT and the level of matching funds provided by each
center and the uses of such monies.
(b) Annual reports shall include a discussion of any fields of tech-
nology that the [foundation] DEPARTMENT has identified as having signif-
icant potential for economic growth or improved productivity and stabil-
ity of New York businesses and in which no center for advanced
technology has been designated and recommendations of the [foundation]
DEPARTMENT as to actions that should be taken.
S. 7508 209 A. 9508
§ 3. This act shall take effect immediately; provided, however that
section one of this act shall not take effect until June 30, 2021.
PART CCC
Section 1. Subsections (e) and (g) of section 7002 of the insurance
law, as amended by chapter 188 of the laws of 2003, are amended to read
as follows:
(e) "Industrial insured" means an insured:
(1) whose net worth exceeds one hundred million dollars;
(2) who is a member of a holding company system whose net worth
exceeds one hundred million dollars;
(3) who is the metropolitan transportation authority and its statutory
subsidiaries. When filing an application to form a pure captive insur-
ance company the metropolitan transportation authority shall submit
written notice of such filing to the governor, the temporary president
of the senate and the speaker of the assembly; [or]
(4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU-
TORY SUBSIDIARY OR AFFILIATE THEREOF. WHEN FILING AN APPLICATION TO FORM
A PURE CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT WRIT-
TEN NOTICE OF SUCH FILING TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR
(5) who is a city with a population of one million or more. When
filing an application to form a pure captive insurance company, a city
with a population of one million or more shall submit written notice of
such filing to the governor, the temporary president of the senate and
the speaker of the assembly.
(g) "Industrial insured group" means any group of unaffiliated indus-
trial insureds that are engaged in similar or related businesses or
activities, however, the metropolitan transportation authority, THE
POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY OR
AFFILIATE THEREOF and cities with a population of one million or more
shall not be a member of an industrial insured group, and that collec-
tively:
(1) own, control or hold with power to vote all of the outstanding
voting shares of stock of a group captive insurance company incorporated
as a stock insurer; or
(2) represent one hundred percent of the voting members of a group
captive insurance company organized as a mutual insurer.
§ 2. Section 1005 of the public authorities law is amended by adding a
new subdivision 28 to read as follows:
28. THE AUTHORITY MAY ESTABLISH A SUBSIDIARY CORPORATION FOR THE
PURPOSE OF FORMING A PURE CAPTIVE INSURANCE COMPANY AS PROVIDED IN
SECTION SEVEN THOUSAND TWO OF THE INSURANCE LAW. THE MEMBERS OF SUCH
SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS HOLD-
ING THE OFFICES OF MEMBERS OF THE AUTHORITY. SUCH SUBSIDIARY CORPORATION
SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER
EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS
AND ACTIVITIES. THE SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE
SUBJECT TO SUIT IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
THIS TITLE. THE EMPLOYEES OF ANY SUCH SUBSIDIARY CORPORATION, EXCEPT
THOSE WHO ARE ALSO EMPLOYEES OF THE AUTHORITY, SHALL NOT BE DEEMED
EMPLOYEES OF THE AUTHORITY.
§ 3. Subdivision (a) of section 1500 of the tax law, as amended by
section 21 of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
S. 7508 210 A. 9508
(a) The term "insurance corporation" includes a corporation, associ-
ation, joint stock company or association, person, society, aggregation
or partnership, by whatever name known, doing an insurance business,
and, notwithstanding the provisions of section fifteen hundred twelve of
this article, shall include (1) a risk retention group as defined in
subsection (n) of section five thousand nine hundred two of the insur-
ance law, (2) the state insurance fund and (3) a corporation, associ-
ation, joint stock company or association, person, society, aggregation
or partnership doing an insurance business as a member of the New York
insurance exchange described in section six thousand two hundred one of
the insurance law. The definition of the "state insurance fund"
contained in this subdivision shall be limited in its effect to the
provisions of this article and the related provisions of this chapter
and shall have no force and effect other than with respect to such
provisions. The term "insurance corporation" shall also include a
captive insurance company doing a captive insurance business, as defined
in subsections (c) and (b), respectively, of section seven thousand two
of the insurance law; provided, however, "insurance corporation" shall
not include the metropolitan transportation authority, THE POWER AUTHOR-
ITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF, or a
public benefit corporation or not-for-profit corporation formed by a
city with a population of one million or more pursuant to subsection (a)
of section seven thousand five of the insurance law, each of which is
expressly exempt from the payment of fees, taxes or assessments, whether
state or local; and provided further "insurance corporation" does not
include any combinable captive insurance company. The term "insurance
corporation" shall also include an unauthorized insurer operating from
an office within the state, pursuant to paragraph five of subsection (b)
of section one thousand one hundred one and subsection (i) of section
two thousand one hundred seventeen of the insurance law. The term
"insurance corporation" also includes a health maintenance organization
required to obtain a certificate of authority under article forty-four
of the public health law.
§ 4. Subdivision (a) of section 1502-b of the tax law, as amended by
section 22 of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
(a) In lieu of the taxes and tax surcharge imposed by sections fifteen
hundred one, fifteen hundred two-a, fifteen hundred five-a, and fifteen
hundred ten of this article, every captive insurance company licensed by
the superintendent of financial services pursuant to the provisions of
article seventy of the insurance law, other than the metropolitan trans-
portation authority, THE POWER AUTHORITY OF NEW YORK OR ANY STATUTORY
SUBSIDIARY OR AFFILIATE THEREOF, and a public benefit corporation or
not-for-profit corporation formed by a city with a population of one
million or more pursuant to subsection (a) of section seven thousand
five of the insurance law, each of which is expressly exempt from the
payment of fees, taxes or assessments whether state or local, and other
than combinable captive insurance company, shall, for the privilege of
exercising its corporate franchise, pay a tax on (1) all gross direct
premiums, less return premiums thereon, written on risks located or
resident in this state and (2) all assumed reinsurance premiums, less
return premiums thereon, written on risks located or resident in this
state. The rate of the tax imposed on gross direct premiums shall be
four-tenths of one percent on all or any part of the first twenty
million dollars of premiums, three-tenths of one percent on all or any
part of the second twenty million dollars of premiums, two-tenths of one
S. 7508 211 A. 9508
percent on all or any part of the third twenty million dollars of premi-
ums, and seventy-five thousandths of one percent on each dollar of
premiums thereafter. The rate of the tax on assumed reinsurance premiums
shall be two hundred twenty-five thousandths of one percent on all or
any part of the first twenty million dollars of premiums, one hundred
and fifty thousandths of one percent on all or any part of the second
twenty million dollars of premiums, fifty thousandths of one percent on
all or any part of the third twenty million dollars of premiums and
twenty-five thousandths of one percent on each dollar of premiums there-
after. The tax imposed by this section shall be equal to the greater of
(i) the sum of the tax imposed on gross direct premiums and the tax
imposed on assumed reinsurance premiums or (ii) five thousand dollars.
§ 5. This act shall take effect immediately.
PART DDD
Section 1. Legislative findings and intent. The legislature hereby
finds, determines and declares the following:
The planning, development and operation of the Hudson River Park as a
public park continues to be a matter of importance to the state. As
detailed in the 1998 law creating the park and the trust, chapter 592 of
the laws of 1998, the creation, development, operation and maintenance
of the Hudson River Park will enhance and protect the natural, cultural
and historic aspects of the Hudson River, enhance and afford quality
public access to the river, allow for an array of cultural and recre-
ational programs and provide a host of other public benefits. The chang-
es to the 1998 law by this act are intended to, after decades of delay
and inaction, finally effectuate the park's general project plan as
defined in chapter 592 of the laws of 1998, which continues to be the
operative planning document guiding park development, protection and
reuse of a portion of the Hudson River waterfront in lower Manhattan
south of 59th street, and are intended to ensure the realization of that
vision and the park's continuing viability for years to come. Nothing
herein is intended to alter or override any prior determinations
concerning park planning, development or operation.
§ 2. Paragraph (c) of subdivision 9 of section 7 of chapter 592 of the
laws of 1998, constituting the Hudson river park act, as amended by
chapter 517 of the laws of 2013, is amended to read as follows:
(c) [The city of New York shall use best efforts to relocate the tow
pound on Pier 76. Subsequent to relocation of the tow pound, the city of
New York shall promptly convey to the trust a possessory interest in
Pier 76 consistent with such interest previously conveyed with respect
to other portions of the park, provided that at least fifty percent of
the Pier 76 footprint shall be used for park uses that are limited to
passive and active open space and which shall be contiguous to water and
provided further that the remaining portion shall be for park/commercial
use. Upon such conveyance, Pier 76 shall become part of the park.] (I)
ON OR BEFORE DECEMBER 31, 2020, THE CITY OF NEW YORK SHALL CONVEY TO THE
TRUST A POSSESSORY INTEREST IN PIER 76 CONSISTENT WITH SUCH INTEREST
PREVIOUSLY CONVEYED WITH RESPECT TO OTHER PORTIONS OF THE PARK. UPON
SUCH CONVEYANCE, PIER 76 SHALL BECOME PART OF THE PARK AND FOLLOWING
REDEVELOPMENT AT LEAST FIFTY PERCENT OF THE PIER 76 FOOTPRINT SHALL BE
USED FOR PARK USES THAT ARE LIMITED TO PASSIVE AND ACTIVE OPEN SPACE AND
WHICH SHALL BE CONTIGUOUS TO WATER; AND PROVIDED FURTHER THAT THE
REMAINING PORTION SHALL BE FOR PARK/COMMERCIAL USE. (II) THE CITY OF NEW
YORK SHALL, PRIOR TO DECEMBER 31, 2020, CEASE USING PIER 76 FOR ANY
S. 7508 212 A. 9508
PURPOSES. SHOULD THE CITY OF NEW YORK CONTINUE TO OCCUPY PIER 76 FOR ANY
PURPOSE SUBSEQUENT TO THE CONVEYANCE OF DECEMBER 31, 2020, THE CITY OF
NEW YORK SHALL (A) COMPENSATE THE TRUST IN THE AMOUNT OF TWELVE MILLION
DOLLARS, AND (B) BEGINNING FEBRUARY 1, 2021, PAY RENT IN THE AMOUNT OF
THREE MILLION DOLLARS FOR EACH COMPLETE OR PARTIAL MONTH OF OCCUPANCY.
(III) ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF 2020
WHICH AMENDED THIS PARAGRAPH, THE TRUST SHALL BE ENTITLED TO REASONABLE
ACCESS TO PIER 76 FOR THE PURPOSE OF CONDUCTING ASSESSMENTS AND
INSPECTIONS NECESSARY TO FURTHER REDEVELOPMENT OF PIER 76 FOLLOWING ITS
INCLUSION IN THE PARK.
§ 3. This act shall take effect immediately.
PART EEE
Section 1. Section 5 of chapter 451 of the laws of 2017, enacting the
New York Buy American Act, is amended to read as follows:
§ 5. This act shall take effect April 1, 2018 and shall apply to any
state contracts executed and entered into on or after such date and
shall exclude such contracts that have been previously awarded or have
pending bids or pending requests for proposals issued as of April 1,
2018, and shall not apply to projects that have commenced project design
and environmental studies prior to such date[; provided, however, that
this act shall expire and be deemed repealed April 15, 2020].
§ 2. This act shall take effect immediately.
PART FFF
Section 1. The labor law is amended by adding a new section 224-a to
read as follows:
§ 224-A. PREVAILING WAGE REQUIREMENTS APPLICABLE TO CONSTRUCTION
PROJECTS PERFORMED UNDER PRIVATE CONTRACT. 1. SUBJECT TO THE PROVISIONS
OF THIS SECTION, EACH "COVERED PROJECT" AS DEFINED IN THIS SECTION SHALL
BE SUBJECT TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTION
TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE. A "COVERED
PROJECT" SHALL MEAN CONSTRUCTION WORK DONE UNDER CONTRACT WHICH IS PAID
FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS AS SUCH TERM IS DEFINED IN
THIS SECTION WHERE THE AMOUNT OF ALL SUCH PUBLIC FUNDS, WHEN AGGREGATED,
IS AT LEAST THIRTY PERCENT OF THE TOTAL CONSTRUCTION PROJECT COSTS AND
WHERE SUCH PROJECT COSTS ARE OVER FIVE MILLION DOLLARS EXCEPT AS
PROVIDED FOR BY SECTION TWO HUNDRED TWENTY-FOUR-C OF THIS ARTICLE.
2. FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT OF
PUBLIC FUNDS" SHALL MEAN ANY OF THE FOLLOWING:
A. THE PAYMENT OF MONEY, BY A PUBLIC ENTITY DIRECTLY TO OR ON BEHALF
OF THE CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER THAT IS NOT SUBJECT
TO REPAYMENT;
B. THE SAVINGS ACHIEVED FROM FEES, RENTS, INTEREST RATES, OR OTHER
LOAN COSTS, OR INSURANCE COSTS THAT ARE LOWER THAN MARKET RATE COSTS;
SAVINGS FROM REDUCED TAXES AS A RESULT OF TAX CREDITS, TAX ABATEMENTS,
TAX EXEMPTIONS OR TAX INCREMENT FINANCING; AND ANY OTHER SAVINGS FROM
REDUCED, WAIVED, OR FORGIVEN COSTS THAT WOULD HAVE OTHERWISE BEEN AT A
HIGHER OR MARKET RATE BUT FOR THE INVOLVEMENT OF THE PUBLIC ENTITY;
C. MONEY LOANED BY THE PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTIN-
GENT BASIS; OR
D. CREDITS THAT ARE APPLIED BY THE PUBLIC ENTITY AGAINST REPAYMENT OF
OBLIGATIONS TO THE PUBLIC ENTITY.
S. 7508 213 A. 9508
3. FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT OF
PUBLIC FUNDS" SHALL NOT INCLUDE:
A. BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROP-
ERTY TAX LAW;
B. FUNDS THAT ARE NOT PROVIDED PRIMARILY TO PROMOTE, INCENTIVIZE, OR
ENSURE THAT CONSTRUCTION WORK IS PERFORMED, WHICH WOULD OTHERWISE BE
CAPTURED IN SUBDIVISION TWO OF THIS SECTION;
C. FUNDS USED TO INCENTIVIZE OR ENSURE THE DEVELOPMENT OF A COMPREHEN-
SIVE SEWAGE SYSTEM, INCLUDING CONNECTION TO EXISTING SEWER LINES OR
CREATION OF NEW SEWAGE LINES OR SEWER CAPACITY, PROVIDED, HOWEVER, THAT
SUCH WORK SHALL BE DEEMED TO BE A PUBLIC WORK COVERED UNDER THE
PROVISIONS OF THIS ARTICLE;
D. TAX BENEFITS PROVIDED FOR PROJECTS THE VALUE OF WHICH ARE NOT ABLE
TO BE CALCULATED AT THE TIME THE WORK IS TO BE PERFORMED; AND
E. ANY OTHER PUBLIC MONIES, CREDITS, SAVINGS OR LOANS, DETERMINED BY
THE PUBLIC SUBSIDY BOARD CREATED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF
THIS ARTICLE AS EXEMPT FROM THIS DEFINITION.
4. FOR PURPOSES OF THIS SECTION "COVERED PROJECT" SHALL NOT INCLUDE
ANY OF THE FOLLOWING:
A. CONSTRUCTION WORK ON ONE OR TWO FAMILY DWELLINGS WHERE THE PROPERTY
IS THE OWNER'S PRIMARY RESIDENCE, OR CONSTRUCTION WORK PERFORMED ON
PROPERTY WHERE THE OWNER OF THE PROPERTY OWNS NO MORE THAN FOUR DWELLING
UNITS;
B. CONSTRUCTION WORK PERFORMED UNDER A CONTRACT WITH A NOT-FOR-PROFIT
CORPORATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT
CORPORATION LAW, OTHER THAN A NOT-FOR-PROFIT CORPORATION FORMED EXCLU-
SIVELY FOR THE PURPOSE OF HOLDING TITLE TO PROPERTY AND COLLECTING
INCOME THEREOF OR A LOCAL DEVELOPMENT CORPORATION FORMED PURSUANT TO
SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW,
WHERE THE NOT-FOR-PROFIT CORPORATION HAS GROSS ANNUAL REVENUE AND
SUPPORT LESS THAN FIVE MILLION DOLLARS;
C. CONSTRUCTION WORK PERFORMED ON A MULTIPLE RESIDENCE AND/OR ANCIL-
LARY AMENITIES OR INSTALLATIONS THAT IS WHOLLY PRIVATELY OWNED IN ANY OF
THE FOLLOWING CIRCUMSTANCES EXCEPT AS PROVIDED FOR BY SECTION TWO
HUNDRED TWENTY-FOUR-C OF THIS ARTICLE:
(I) WHERE NO LESS THAN THIRTY PERCENT OF THE RESIDENTIAL UNITS ARE
AFFORDABLE FOR HOUSEHOLDS UP TO EIGHTY PERCENT OF THE AREA MEDIAN
INCOME, PROVIDED THAT AREA MEDIAN INCOME SHALL BE ADJUSTED FOR FAMILY
SIZE, AS CALCULATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, PROVIDED THAT THE PERIOD OF AFFORDABILITY FOR A RESIDENTIAL
UNIT DEEMED AFFORDABLE UNDER THE PROVISIONS OF THIS PARAGRAPH SHALL BE
FOR NO LESS THAN FIFTEEN YEARS FROM THE DATE OF CONSTRUCTION; OR
(II) WHERE NO LESS THAN THIRTY-FIVE PERCENT OF THE RESIDENTIAL UNITS
INVOLVES THE PROVISION OF SUPPORTIVE HOUSING SERVICES FOR VULNERABLE
POPULATIONS;
(III) WHERE CONSTRUCTION WORK IS PERFORMED ON A BUILDING PAID FOR IN
WHOLE OR IN PART OUT OF PUBLIC FUNDS ON AFFORDABLE UNITS FOR PURPOSES OF
ENSURING THAT THE AFFORDABLE UNITS ARE CREATED OR RETAINED AND ARE
SUBJECT TO A REGULATORY AGREEMENT WITH A LOCAL, STATE, OR FEDERAL
GOVERNMENTAL ENTITY; OR
(IV) ANY OTHER AFFORDABLE OR SUBSIDIZED HOUSING AS DETERMINED BY THE
PUBLIC SUBSIDY BOARD ESTABLISHED BY SECTION TWO HUNDRED TWENTY-FOUR-C OF
THIS ARTICLE.
D. CONSTRUCTION WORK PERFORMED ON A MANUFACTURED HOME PARK AS DEFINED
IN PARAGRAPH THREE OF SUBDIVISION A OF SECTION TWO HUNDRED THIRTY-THREE
OF THE REAL PROPERTY LAW WHERE THE MANUFACTURED HOME PARK IS SUBJECT TO
S. 7508 214 A. 9508
A REGULATORY AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL
ENTITY FOR NO LESS THAN FIFTEEN YEARS;
E. CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING
AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND A BONA FIDE BUILDING AND
CONSTRUCTION TRADE LABOR ORGANIZATION WHICH HAS ESTABLISHED ITSELF AS
THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL
PERFORM WORK ON SUCH A PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS
AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR
ORGANIZATION CAN PERFORM WORK ON SUCH A PROJECT, OR CONSTRUCTION WORK
PERFORMED UNDER A LABOR PEACE AGREEMENT, PROJECT LABOR AGREEMENT, OR ANY
OTHER CONSTRUCTION WORK PERFORMED UNDER AN ENFORCEABLE AGREEMENT BETWEEN
AN OWNER OR CONTRACTOR AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE
LABOR ORGANIZATION;
F. CONSTRUCTION WORK PERFORMED ON PROJECTS FUNDED BY SECTION SIXTEEN-N
OF THE URBAN DEVELOPMENT CORPORATION ACT OR THE DOWNTOWN REVITALIZATION
INITIATIVE;
G. CONSTRUCTION WORK AND ENGINEERING AND CONSULTING SERVICES PERFORMED
IN CONNECTION WITH THE INSTALLATION OF A RENEWABLE ENERGY SYSTEM, RENEW-
ABLE HEATING OR COOLING SYSTEM, OR ENERGY STORAGE SYSTEM, WITH A CAPACI-
TY EQUAL TO OR UNDER FIVE MEGAWATTS ALTERNATING CURRENT;
H. CONSTRUCTION WORK PERFORMED ON SUPERMARKET RETAIL SPACE BUILT OR
RENOVATED WITH TAX INCENTIVES PROVIDED UNDER THE FOOD RETAIL EXPANSION
TO SUPPORT HEALTH (FRESH) PROGRAM THROUGH THE NEW YORK CITY INDUSTRIAL
DEVELOPMENT AGENCY;
I. CONSTRUCTION WORK PERFORMED FOR INTERIOR FIT-OUTS AND IMPROVEMENTS
UNDER TEN THOUSAND SQUARE FEET THROUGH SMALL BUSINESS INCUBATION
PROGRAMS OPERATED BY THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION;
J. CONSTRUCTION WORK ON SPACE TO BE USED AS A SCHOOL UNDER TWENTY
THOUSAND SQUARE FEET, PURSUANT TO A LEASE FROM A PRIVATE OWNER TO THE
NEW YORK CITY DEPARTMENT OF EDUCATION AND THE SCHOOL CONSTRUCTION
AUTHORITY; OR
K. CONSTRUCTION WORK PERFORMED ON PROJECTS THAT RECEIVED TAX BENEFITS
RELATED TO BROWNFIELD REMEDIATION, BROWNFIELD REDEVELOPMENT, OR HISTORIC
REHABILITATION PURSUANT TO SECTIONS TWENTY-ONE, TWENTY-TWO, ONE HUNDRED
EIGHTY-SEVEN-G OR ONE HUNDRED EIGHTY-SEVEN-H OF THE TAX LAW, SUBDIVI-
SIONS SEVENTEEN, EIGHTEEN, OR TWENTY-SIX OF SECTION TWO HUNDRED TEN-B OF
THE TAX LAW, SUBSECTIONS (DD), (EE), (OO) OR (PP) OF SECTION SIX HUNDRED
SIX OF THE TAX LAW, OR SUBDIVISIONS (U), (V) OR (Y) OF SECTION FIFTEEN
HUNDRED ELEVEN OF THE TAX LAW.
5. FOR PURPOSES OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE, BUT
SHALL NOT BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT CORPORATION AS
DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHTEEN HUNDRED ONE OF THE
PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-
FOR-PROFIT CORPORATION LAW, A MUNICIPAL CORPORATION AS DEFINED IN
SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, AN INDUS-
TRIAL DEVELOPMENT AGENCY FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE
GENERAL MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT AUTHORITIES FORMED
PURSUANT TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE,
LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED IN SECTION
TWO OF THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED
BY ANY SUCH ENTITIES.
6. FOR PURPOSES OF THIS SECTION, "CONSTRUCTION" MEANS WORK WHICH SHALL
BE AS DEFINED BY THE PUBLIC SUBSIDY BOARD TO REQUIRE PAYMENT OF PREVAIL-
ING WAGE, AND WHICH MAY INVOLVE THE EMPLOYMENT OF LABORERS, WORKERS, OR
MECHANICS.
S. 7508 215 A. 9508
7. FOR PURPOSES OF THIS SECTION AND SECTION TWO HUNDRED TWENTY-FOUR-B
OF THIS ARTICLE, THE "FISCAL OFFICER" SHALL BE DEEMED TO BE THE COMMIS-
SIONER.
8. THE ENFORCEMENT OF ANY CONSTRUCTION WORK DEEMED TO BE A COVERED
PROJECT PURSUANT TO THIS SECTION, AND ANY ADDITIONAL REQUIREMENTS, SHALL
BE SUBJECT, IN ADDITION TO THIS SECTION, ONLY TO THE REQUIREMENTS OF
SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-FOUR-B, TWO HUNDRED
TWENTY-FOUR-C, AND TWO HUNDRED TWENTY-B OF THIS ARTICLE AND WITHIN THE
JURISDICTION OF THE FISCAL OFFICER; PROVIDED, HOWEVER, NOTHING CONTAINED
IN THIS SECTION SHALL BE DEEMED TO CONSTRUE ANY COVERED PROJECT AS
OTHERWISE BEING CONSIDERED PUBLIC WORK PURSUANT TO THIS ARTICLE; AND
FURTHER PROVIDED:
A. THE OWNER OR DEVELOPER OF SUCH COVERED PROJECT SHALL CERTIFY UNDER
PENALTY OF PERJURY WITHIN FIVE DAYS OF COMMENCEMENT OF CONSTRUCTION WORK
WHETHER THE PROJECT AT ISSUE IS SUBJECT TO THE PROVISIONS OF THIS
SECTION THROUGH THE USE OF A STANDARD FORM DEVELOPED BY THE FISCAL OFFI-
CER.
B. THE OWNERS OR DEVELOPERS OF A PROPERTY WHO ARE UNDERTAKING A
PROJECT UNDER PRIVATE CONTRACT, MAY SEEK GUIDANCE FROM THE PUBLIC SUBSI-
DY BOARD CONTAINED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF THIS ARTICLE,
AND SUCH BOARD MAY RENDER AN OPINION AS TO WHETHER OR NOT THE PROJECT IS
A COVERED PROJECT WITHIN THE MEANING OF THIS ARTICLE. ANY SUCH DETERMI-
NATION SHALL NOT BE REVIEWABLE BY THE FISCAL OFFICER, NOR SHALL IT BE
REVIEWABLE BY THE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED TWENTY OF
THIS ARTICLE.
C. THE OWNER OR DEVELOPER OF A COVERED PROJECT SHALL BE RESPONSIBLE
FOR RETAINING ORIGINAL PAYROLL RECORDS IN ACCORDANCE WITH SECTION TWO
HUNDRED TWENTY OF THIS ARTICLE FOR A PERIOD OF SIX YEARS FROM THE
CONCLUSION OF SUCH WORK. ALL PAYROLL RECORDS MAINTAINED BY AN OWNER OR
DEVELOPER PURSUANT TO THIS SECTION SHALL BE SUBJECT TO INSPECTION ON
REQUEST OF THE FISCAL OFFICER. SUCH OWNER OR DEVELOPER MAY AUTHORIZE
THE PRIME CONTRACTOR OF THE CONSTRUCTION PROJECT TO TAKE RESPONSIBILITY
FOR RETAINING AND MAINTAINING PAYROLL RECORDS, BUT WILL BE HELD JOINTLY
AND SEVERALLY LIABLE FOR ANY VIOLATIONS OF SUCH CONTRACTOR. ALL RECORDS
OBTAINED BY THE FISCAL OFFICER SHALL BE SUBJECT TO THE FREEDOM OF INFOR-
MATION LAW.
D. EACH PUBLIC ENTITY PROVIDING ANY OF THE PUBLIC FUNDS LISTED IN
SUBDIVISION TWO OF THIS SECTION TO AN OWNER, DEVELOPER, CONTRACTOR OR
SUBCONTRACTOR OF A PROJECT SHALL IDENTIFY THE NATURE AND DOLLAR VALUE OF
SUCH FUNDS AND WHETHER ANY SUCH FUNDS ARE EXCLUDED UNDER SUBDIVISION
THREE OF THIS SECTION AND SHALL SO NOTIFY THE RECIPIENT OF SUCH FUNDS OF
SUCH DETERMINATION AND OF THEIR OBLIGATIONS UNDER PARAGRAPH A OF THIS
SUBDIVISION.
E. THE FISCAL OFFICER MAY ISSUE RULES AND REGULATIONS GOVERNING THE
PROVISIONS OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS
FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO HUNDRED TWENTY-B
OF THIS ARTICLE.
9. EACH OWNER AND DEVELOPER SUBJECT TO THE REQUIREMENTS OF THIS
SECTION SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE
EXECUTIVE LAW AND SERVICE-DISABLED VETERAN-OWNED BUSINESSES PURSUANT TO
ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW. THE DEPARTMENT IN CONSULTA-
TION WITH THE DIRECTORS OF THE DIVISION OF MINORITY AND WOMEN'S BUSINESS
DEVELOPMENT AND OF THE DIVISION OF SERVICE-DISABLED VETERANS' BUSINESS
DEVELOPMENT SHALL MAKE TRAINING AND RESOURCES AVAILABLE TO ASSIST MINOR-
ITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-
S. 7508 216 A. 9508
OWNED BUSINESS ENTERPRISES ON COVERED PROJECTS ACHIEVE AND MAINTAIN
COMPLIANCE WITH PREVAILING WAGE REQUIREMENTS. THE DEPARTMENT SHALL MAKE
SUCH TRAINING AND RESOURCES AVAILABLE ONLINE AND SHALL AFFORD MINORITY
AND WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED
BUSINESS ENTERPRISES AN OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING.
10. A. THE FISCAL OFFICER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY JULY FIRST,
TWO THOUSAND TWENTY-TWO, AND ANNUALLY THEREAFTER, ON THE PARTICIPATION
OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN RELATION TO COVERED
PROJECTS AND CONTRACTS FOR PUBLIC WORK SUBJECT TO THE PROVISIONS OF THIS
SECTION AND SECTION TWO HUNDRED TWENTY OF THIS ARTICLE RESPECTIVELY AS
WELL AS THE DIVERSITY PRACTICES OF CONTRACTORS AND SUBCONTRACTORS
EMPLOYING LABORERS, WORKERS, AND MECHANICS ON SUCH PROJECTS.
B. SUCH REPORTS SHALL INCLUDE AGGREGATED DATA ON THE UTILIZATION AND
PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, THE
EMPLOYMENT OF MINORITIES AND WOMEN IN CONSTRUCTION-RELATED JOBS ON SUCH
PROJECTS, AND THE COMMITMENT OF CONTRACTORS AND SUBCONTRACTORS ON SUCH
PROJECTS TO ADOPTING PRACTICES AND POLICIES THAT PROMOTE DIVERSITY WITH-
IN THE WORKFORCE. THE REPORTS SHALL ALSO EXAMINE THE COMPLIANCE OF
CONTRACTORS AND SUBCONTRACTORS WITH OTHER EQUAL EMPLOYMENT OPPORTUNITY
REQUIREMENTS AND ANTI-DISCRIMINATION LAWS, IN ADDITION TO ANY OTHER
EMPLOYMENT PRACTICES DEEMED PERTINENT BY THE COMMISSIONER.
C. THE FISCAL OFFICER MAY REQUIRE ANY OWNER OR DEVELOPER TO DISCLOSE
INFORMATION ON THE PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISES AND THE DIVERSITY PRACTICES OF CONTRACTORS AND SUBCONTRAC-
TORS INVOLVED IN THE PERFORMANCE OF ANY COVERED PROJECT. IT SHALL BE
THE DUTY OF THE FISCAL OFFICER TO CONSULT AND TO SHARE SUCH INFORMATION
IN ORDER TO EFFECTUATE THE REQUIREMENTS OF THIS SECTION.
11. IF CONSTRUCTION WORK IS NOT DEEMED TO BE A COVERED PROJECT, WHETH-
ER BY VIRTUE OF AN EXCLUSION OF SUCH PROJECT UNDER SUBDIVISION FOUR OF
THIS SECTION, OR BY VIRTUE OR NOT RECEIVING SUFFICIENT PUBLIC MONEY TO
BE DEEMED "PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS", SUCH
PROJECT SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTIONS TWO HUNDRED
TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE.
§ 2. The labor law is amended by adding two new sections 224-b and
224-c to read as follows:
§ 224-B. STOP-WORK ORDERS. WHERE A COMPLAINT IS RECEIVED PURSUANT TO
THIS ARTICLE, OR WHERE THE FISCAL OFFICER UPON HIS OR HER OWN INVESTI-
GATION, FINDS CAUSE TO BELIEVE THAT ANY PERSON, IN CONNECTION WITH THE
PERFORMANCE OF ANY CONTRACT FOR PUBLIC WORK PURSUANT TO SECTION TWO
HUNDRED TWENTY OF THIS ARTICLE OR ANY COVERED PROJECT PURSUANT TO
SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, HAS SUBSTANTIALLY AND
MATERIALLY FAILED TO COMPLY WITH OR INTENTIONALLY EVADED THE PROVISIONS
OF THIS ARTICLE, THE FISCAL OFFICER MAY NOTIFY SUCH PERSON IN WRITING OF
HIS OR HER INTENTION TO ISSUE A STOP-WORK ORDER. SUCH NOTICE SHALL (I)
BE SERVED IN A MANNER CONSISTENT WITH SECTION THREE HUNDRED EIGHT OF THE
CIVIL PRACTICE LAW AND RULES; (II) NOTIFY SUCH PERSON OF HIS OR HER
RIGHT TO A HEARING; AND (III) STATE THE FACTUAL BASIS UPON WHICH THE
FISCAL OFFICER HAS BASED HIS OR HER DECISION TO ISSUE A STOP-WORK ORDER.
ANY DOCUMENTS, REPORTS, OR INFORMATION THAT FORM A BASIS FOR SUCH DECI-
SION SHALL BE PROVIDED TO SUCH PERSON WITHIN A REASONABLE TIME BEFORE
THE HEARING. SUCH HEARING SHALL BE EXPEDITIOUSLY CONDUCTED.
FOLLOWING THE HEARING, IF THE FISCAL OFFICER ISSUES A STOP-WORK ORDER,
IT SHALL BE SERVED BY REGULAR MAIL, AND A SECOND COPY MAY BE SERVED BY
TELEFACSIMILE OR BY ELECTRONIC MAIL, WITH SERVICE EFFECTIVE UPON RECEIPT
OF ANY SUCH ORDER. SUCH STOP-WORK ORDER SHALL ALSO BE SERVED WITH REGARD
S. 7508 217 A. 9508
TO A WORKSITE BY POSTING A COPY OF SUCH ORDER IN A CONSPICUOUS LOCATION
AT THE WORKSITE. THE ORDER SHALL REMAIN IN EFFECT UNTIL THE FISCAL OFFI-
CER DIRECTS THAT THE STOP-WORK ORDER BE REMOVED, UPON A FINAL DETERMI-
NATION ON THE COMPLAINT OR WHERE SUCH FAILURE TO COMPLY OR EVADE HAS
BEEN DEEMED CORRECTED. IF THE PERSON AGAINST WHOM SUCH ORDER IS ISSUED
SHALL WITHIN THIRTY DAYS AFTER ISSUANCE OF THE STOP-WORK ORDER MAKES AN
APPLICATION IN AFFIDAVIT FORM FOR A REDETERMINATION REVIEW OF SUCH ORDER
THE FISCAL OFFICER SHALL MAKE A DECISION IN WRITING ON THE ISSUES RAISED
IN SUCH APPLICATION. THE FISCAL OFFICER MAY DIRECT A CONDITIONAL RELEASE
FROM A STOP-WORK ORDER UPON A FINDING THAT SUCH PERSON HAS TAKEN MEAN-
INGFUL AND GOOD FAITH STEPS TO COMPLY WITH THE PROVISIONS OF THIS ARTI-
CLE.
§ 224-C. PUBLIC SUBSIDY BOARD. 1. A BOARD ON PUBLIC SUBSIDIES, HEREIN-
AFTER "THE BOARD", IS HEREBY CREATED, TO CONSIST OF ELEVEN MEMBERS. THE
ELEVEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AS FOLLOWS: ONE MEMBER
UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE
MEMBER UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, THE
COMMISSIONER, THE PRESIDENT OF THE EMPIRE STATE DEVELOPMENT CORPORATION,
THE DIRECTOR OF THE DIVISION OF THE BUDGET, ONE PERSON REPRESENTING
EMPLOYEES IN THE CONSTRUCTION INDUSTRY, AND ONE PERSON REPRESENTING
EMPLOYERS IN THE CONSTRUCTION INDUSTRY. THE COMMISSIONER SHALL ACT AS
THE CHAIR. THE MEMBERS SHALL SERVE AT THE PLEASURE OF THE AUTHORITY
RECOMMENDING, DESIGNATING, OR OTHERWISE APPOINTING SUCH MEMBER AND SHALL
SERVE WITHOUT SALARY OR COMPENSATION BUT SHALL BE REIMBURSED FOR NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
2. THE BOARD SHALL MEET ON AN AS NEEDED BASIS AND SHALL HAVE THE POWER
TO CONDUCT PUBLIC HEARINGS. THE BOARD MAY ALSO CONSULT WITH EMPLOYERS
AND EMPLOYEES, AND THEIR RESPECTIVE REPRESENTATIVES, IN THE CONSTRUCTION
INDUSTRY AND WITH SUCH OTHER PERSONS, INCLUDING THE COMMISSIONER, AS IT
SHALL DETERMINE. NO PUBLIC OFFICER OR EMPLOYEE APPOINTED TO THE BOARD
SHALL FORFEIT ANY POSITION OR OFFICE BY VIRTUE OF APPOINTMENT TO SUCH
BOARD. ANY PROCEEDINGS OF THE BOARD WHICH RELATE TO A PARTICULAR INDI-
VIDUAL OR PROJECT SHALL BE CONFIDENTIAL.
3. THE BOARD MAY EXAMINE AND MAKE RECOMMENDATIONS WHICH SHALL HAVE THE
FULL FORCE AND EFFECT OF LAW, REGARDING THE FOLLOWING:
(A) THE MINIMUM THRESHOLD PERCENTAGE OF PUBLIC FUNDS SET FORTH IN
PARAGRAPH C OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-FOUR-A OF
THIS ARTICLE;
(B) THE MINIMUM DOLLAR THRESHOLD OF PROJECTS SET FORTH IN PARAGRAPH C
OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE;
(C) CONSTRUCTION WORK EXCLUDED AS A COVERED PROJECT, AS SET FORTH IN
SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH C OF SUBDIVISION FOUR OF
SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE;
(D) THE DEFINITION OF CONSTRUCTION FOR PURPOSES OF SECTION TWO HUNDRED
TWENTY-FOUR-A OF THIS ARTICLE; OR
(E) PARTICULAR INSTANCES OF BENEFITS, MONIES OR CREDITS AS TO WHETHER
OR NOT THEY SHOULD CONSTITUTE PUBLIC FUNDS.
4. IN MAKING ITS RECOMMENDATIONS, THE BOARD SHALL EXAMINE THE IMPACT
OF SUCH THRESHOLDS AND CIRCUMSTANCES ON PRIVATE DEVELOPMENT IN LIGHT OF
AVAILABLE PUBLIC SUBSIDIES, EXISTING LABOR MARKET CONDITIONS, PREVAILING
WAGE AND SUPPLEMENT PRACTICES, AND SHALL CONSIDER THE EXTENT TO WHICH
ADJUSTMENTS TO SUCH THRESHOLDS AND CIRCUMSTANCES COULD AMELIORATE
ADVERSE IMPACTS, IF ANY, OR EXPAND OPPORTUNITIES FOR PREVAILING WAGE AND
SUPPLEMENT STANDARDS ON PUBLICLY SUBSIDIZED PRIVATE CONSTRUCTION
PROJECTS IN ANY REGION OR REGIONS OF THE STATE.
S. 7508 218 A. 9508
5. THE BOARD SHALL BE EMPOWERED TO ISSUE BINDING DETERMINATIONS TO ANY
PUBLIC ENTITY, OR ANY PRIVATE OR NOT-FOR-PROFIT OWNER OR DEVELOPER AS TO
ANY PARTICULAR MATTER RELATED TO AN EXISTING OR POTENTIAL COVERED
PROJECT. IN SUCH INSTANCES THE BOARD SHALL MAKE A DETERMINATION BASED
UPON DOCUMENTS, OR TESTIMONY, OR BOTH IN ITS SOLE DISCRETION. ANY SUCH
PROCEEDING SHALL BE CONFIDENTIAL. THE DETERMINATION ISSUED BY THE BOARD
SHALL BE FINAL, AND MAY NOT BE APPEALED TO THE COMMISSIONER, NOR SHALL
ANY PRIVATE RIGHT OF ACTION ACCRUE TO ANY INDIVIDUAL TO ENFORCE THE
TERMS OF THIS ARTICLE.
§ 3. The labor law is amended by adding a new section 813-a to read as
follows:
§ 813-A. ANNUAL REPORTS BY APPRENTICESHIP PROGRAMS. 1. ON AN ANNUAL
BASIS, ALL APPRENTICESHIP PROGRAMS COVERED UNDER THE PROVISIONS OF THIS
ARTICLE SHALL REPORT TO THE DEPARTMENT ON THE PARTICIPATION OF APPREN-
TICES CURRENTLY ENROLLED IN SUCH APPRENTICESHIP PROGRAM. THE DATA TO BE
INCLUDED IN SUCH REPORT SHALL INCLUDE, AT A MINIMUM: (A) THE TOTAL
NUMBER OF APPRENTICES IN SUCH APPRENTICESHIP PROGRAM; (B) THE DEMOGRAPH-
IC INFORMATION OF SUCH APPRENTICES TO THE EXTENT SUCH DATA IS AVAILABLE,
INCLUDING, BUT NOT LIMITED TO, THE AGE, GENDER, RACE, ETHNICITY, AND
NATIONAL ORIGIN OF SUCH APPRENTICES; (C) THE RATE OF ADVANCEMENT AND
GRADUATION OF SUCH APPRENTICES; AND (D) THE RATE OF PLACEMENT OF SUCH
APPRENTICES ONTO JOB SITES AS WELL AS THE DEMOGRAPHIC INFORMATION OF
SUCH APPRENTICES TO THE EXTENT SUCH DATA IS AVAILABLE, INCLUDING, BUT
NOT LIMITED TO THE AGE, GENDER, RACE, ETHNICITY, AND NATIONAL ORIGIN OF
SUCH APPRENTICES.
2. THE DEPARTMENT SHALL MAKE SUCH DATA PUBLICLY AVAILABLE ON ITS
WEBSITE BY JULY FIRST, TWO THOUSAND TWENTY-TWO AND ON AN ANNUAL BASIS,
BUT NO LATER THAN DECEMBER THIRTY-FIRST OF EACH FOLLOWING YEAR.
3. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY FOR
THE IMPLEMENTATION OF THIS SECTION.
§ 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, or section 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, or section thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 5. This act shall take effect on July 1, 2021 and shall apply to
contracts for construction executed, incentive agreements executed,
procurements or solicitations issued, or applications for building
permits on or after such date; provided however that this act shall not
apply to any appropriations of public funds made prior to the day on
which this act shall have become a law, or to re-appropriations of such
funds first appropriated prior to the day on which this act shall have
become a 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.
PART GGG
Section 1. The legislature hereby establishes the New York digital
marketplace worker classification task force (hereinafter referred to as
the "task force") to provide the governor and the legislature with a
S. 7508 219 A. 9508
legislative recommendation addressing the conditions of employment and
classification of workers in the modern economy of on-demand workers
connected to customers via the internet.
§ 2. 1. The task force shall consist of nine members to be appointed
as follows:
a. seven members appointed by the governor;
b. one member appointed by the temporary president of the senate; and
c. one member appointed by the speaker of the assembly.
2. The members of the task force shall include but not be limited to
representatives of businesses impacted, labor groups and workers.
3. The members of the task force shall receive no compensation for
their services but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this act.
4. Any vacancies in the membership of the task force shall be filled
in the same manner provided for in the initial appointment.
5. The task force may consult with any organization, government enti-
ty, or person, in the development of its legislative recommendation
report required under section three of this act.
§ 3. On or before May 1, 2020, the task force shall submit to the
governor, the temporary president of the senate and the speaker of the
assembly, a legislative recommendation containing, but not limited to,
the following:
a. the necessary wages sufficient to provide adequate maintenance and
to protect the health of the workers engaged in work in the modern econ-
omy, addressing specific categories of benefits available to workers;
b. the proper classification of workers;
c. the criteria necessary to determine if a worker is an employee;
d. laws regulating safety and health for workers currently classified
as independent contractors;
e. collective bargaining;
f. the availability of anti-discrimination, opportunity and privacy
protections for workers currently classified as independent contractors;
and
g. any other statutory changes necessary.
§ 4. The labor law is amended by adding a new section 44 to read as
follows:
§ 44. CLASSIFICATION OF DIGITAL MARKETPLACE WORKERS. A. FOR PURPOSES
OF THIS SECTION, "DIGITAL MARKETPLACE COMPANY" MEANS AN ORGANIZATION,
INCLUDING, BUT NOT LIMITED TO A CORPORATION, LIMITED LIABILITY COMPANY,
PARTNERSHIP, SOLE PROPRIETOR, OR ANY OTHER ENTITY, THAT OPERATES A
WEBSITE OR SMARTPHONE APPLICATION, OR BOTH, THAT CUSTOMERS USE TO
PURCHASE, SCHEDULE AND/OR OTHERWISE ARRANGE SERVICES INCLUDING, BUT NOT
LIMITED TO REPAIR, MAINTENANCE, CONSTRUCTION, PAINTING, ASSEMBLY, CLEAN-
ING, LAUNDRY, HOUSEKEEPING, DELIVERY, TRANSPORTATION, COOKING, TUTORING,
MASSAGE, ACUPUNCTURE, BABYSITTING, HOME CARE, HEALTHCARE, FIRST AID,
COMPANIONSHIP, OR INSTRUCTION, AND WHERE SUCH COMPANY UTILIZES ONE OR
MORE INDIVIDUALS TO PROVIDE SUCH SERVICES. SUCH ORGANIZATION: (I) ESTAB-
LISHES THE GROSS AMOUNTS EARNED BY THE INDIVIDUAL PROVIDING SUCH
SERVICES; (II) ESTABLISHES THE AMOUNTS CHARGED TO THE CONSUMER; (III)
COLLECTS PAYMENT FROM THE CONSUMER; (IV) PAYS THE INDIVIDUAL; OR ANY
COMBINATION OF THE FOREGOING ACTIONS; AND THE INDIVIDUAL MAY PROVIDE
SUCH SERVICES IN THE NAME OF THE INDIVIDUAL, OR IN THE NAME OF A BUSI-
NESS, OR AS A SEPARATE BUSINESS ENTITY, AND WITHOUT REGARD THE CONSUMER
OF SUCH PERSONAL SERVICES MAY BE AN INDIVIDUAL, BUSINESS, OTHER ENTITY,
OR ANY COMBINATION THEREOF. PROVIDED, HOWEVER, NO GOVERNMENTAL ENTITY
SHALL BE CONSIDERED A DIGITAL MARKETPLACE COMPANY.
S. 7508 220 A. 9508
B. (1) THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE REGULATIONS
DETERMINING THE APPROPRIATE CLASSIFICATION OF INDIVIDUALS PROVIDING
SERVICES FOR A DIGITAL MARKETPLACE COMPANY AS DEFINED IN SUBDIVISION A
OF THIS SECTION AND SUCH REGULATIONS SHALL HAVE THE FORCE AND EFFECT OF
LAW.
(2) SUCH REGULATIONS SHALL SET FORTH THE APPROPRIATE STANDARD FOR
DETERMINATION OF WHETHER A WORKER SHOULD BE CLASSIFIED AS AN EMPLOYEE OR
AN INDEPENDENT CONTRACTOR, AND SHALL CONSIDER THE FOLLOWING CONDITIONS:
(I) WHETHER THE INDIVIDUAL IS FREE FROM THE CONTROL AND DIRECTION OF THE
DIGITAL MARKETPLACE COMPANY IN CONNECTION WITH THE PERFORMANCE OF THE
WORK; (II) WHETHER THE INDIVIDUAL PERFORMS WORK THAT IS OUTSIDE THE
USUAL COURSE OF THE DIGITAL MARKETPLACE COMPANY'S BUSINESS; AND (III)
WHETHER THE INDIVIDUAL IS CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTAB-
LISHED TRADE, OCCUPATION, PROFESSION OR BUSINESS THAT IS SIMILAR TO THE
SERVICE AT ISSUE.
(3) WORKERS CLASSIFIED AS EMPLOYEES AS PROVIDED FOR IN THIS SECTION OR
WHO SATISFY ANY OTHER LEGAL TEST FOR EMPLOYMENT, OR HAVE BEEN DETERMINED
BY A COURT OR ADMINISTRATIVE AGENCY TO BE EMPLOYEES, SHALL NOT HAVE ANY
RIGHTS OR PROTECTIONS DIMINISHED BY APPLICATION OF THIS SECTION.
C. THE COMMISSIONER MAY EXEMPT ANY COMPANY FROM APPLICATION OF THIS
SECTION, PROVIDED SUCH COMPANY HAS ENTERED INTO A COLLECTIVELY NEGOTI-
ATED AGREEMENT WITH A RECOGNIZED COLLECTIVE BARGAINING AGENT.
§ 5. This act shall take effect immediately; provided, however, that
section four of this act shall take effect May 1, 2020.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through GGG of this act shall
be as specifically set forth in the last section of such Parts.