The New York State Senate

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

    S. 7505                                                  A. 9505

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

                            January 22, 2020
                               ___________

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

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

AN ACT to amend chapter 887 of the laws of 1983, amending the correction
  law  relating  to the psychological testing of candidates, in relation
  to the effectiveness thereof; to amend chapter  428  of  the  laws  of
  1999, amending the executive law and the criminal procedure law relat-
  ing  to  expanding the geographic area of employment of certain police
  officers, in relation to extending the expiration of such chapter;  to
  amend chapter 886 of the laws of 1972, amending the correction law and
  the  penal law relating to prisoner furloughs in certain cases and the
  crime of absconding therefrom, in relation to the effectiveness there-
  of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
  and 54 of the laws of 1987, the correction  law,  the  penal  law  and
  other  chapters  and  laws  relating  to  correctional  facilities, in
  relation to the effectiveness thereof; to amend chapter 55 of the laws
  of 1992, amending the tax  law  and  other  laws  relating  to  taxes,
  surcharges,  fees and funding, in relation to extending the expiration
  of certain provisions of such chapter; to amend  chapter  339  of  the
  laws  of  1972, amending the correction law and the penal law relating
  to inmate work release, furlough and leave, in relation to the  effec-
  tiveness  thereof; to amend chapter 60 of the laws of 1994 relating to
  certain provisions which impact upon expenditure of certain  appropri-
  ations made by chapter 50 of the laws of 1994 enacting the state oper-
  ations  budget,  in  relation  to  the effectiveness thereof; to amend
  chapter 3 of the laws of 1995, amending the correction law  and  other
  laws  relating  to the incarceration fee, in relation to extending the
  expiration of certain provisions of such chapter; to amend chapter  62
  of the laws of 2011, amending the correction law and the executive law
  relating  to merging the department of correctional services and divi-
  sion of parole into the department of corrections and community super-
  vision, in relation to the effectiveness thereof; to amend chapter 907
  of the laws of 1984, amending the correction law, the  New  York  city

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12670-01-0

S. 7505                             2                            A. 9505

  criminal  court  act and the executive law relating to prison and jail
  housing and alternatives to detention and incarceration  programs,  in
  relation  to  extending  the  expiration of certain provisions of such
  chapter;  to  amend  chapter 166 of the laws of 1991, amending the tax
  law and other laws relating to taxes, in  relation  to  extending  the
  expiration of certain provisions of such chapter; to amend the vehicle
  and traffic law, in relation to extending the expiration of the manda-
  tory  surcharge and victim assistance fee; to amend chapter 713 of the
  laws of 1988, amending the vehicle and traffic  law  relating  to  the
  ignition  interlock device program, in relation to extending the expi-
  ration thereof; to amend chapter 435 of the laws of 1997, amending the
  military law  and  other  laws  relating  to  various  provisions,  in
  relation  to  extending the expiration date of the merit provisions of
  the correction law and the penal law of such chapter; to amend chapter
  412 of the laws of 1999, amending the civil practice law and rules and
  the court of claims act relating to  prisoner  litigation  reform,  in
  relation  to  extending  the  expiration  of  the  inmate  filing  fee
  provisions of the civil practice law and rules and general filing  fee
  provision  and  inmate  property  claims exhaustion requirement of the
  court of claims act of such chapter; to amend chapter 222 of the  laws
  of  1994  constituting  the  family  protection  and domestic violence
  intervention act of 1994, in relation to extending the  expiration  of
  certain  provisions of the criminal procedure law requiring the arrest
  of certain persons engaged in family violence; to amend chapter 505 of
  the laws of 1985, amending the criminal procedure law relating to  the
  use  of  closed-circuit  television  and other protective measures for
  certain child witnesses, in relation to extending  the  expiration  of
  the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
  ing  the  sentencing  reform act of 1995, in relation to extending the
  expiration of certain provisions of such chapter; to amend chapter 689
  of the laws of 1993 amending the criminal procedure  law  relating  to
  electronic  court  appearance  in  certain  counties,  in  relation to
  extending the expiration thereof; to amend chapter 688 of the laws  of
  2003,  amending  the executive law relating to enacting the interstate
  compact for adult offender supervision, in relation to the  effective-
  ness  thereof;  to  amend chapter 56 of the laws of 2009, amending the
  correction law relating to limiting the closing of certain correction-
  al facilities, providing for the custody by the department of  correc-
  tional  services  of inmates serving definite sentences, providing for
  custody of federal prisoners and  requiring  the  closing  of  certain
  correctional  facilities,  in  relation  to  the effectiveness of such
  chapter; to amend chapter 152 of the laws of 2001 amending  the  mili-
  tary  law  relating  to  military  funds  of the organized militia, in
  relation to the effectiveness thereof; to amend  chapter  554  of  the
  laws  of  1986, amending the correction law and the penal law relating
  to providing for community treatment facilities and  establishing  the
  crime of absconding from the community treatment facility, in relation
  to  the  effectiveness thereof; and to amend chapter 55 of the laws of
  2018 amending the criminal  procedure  law  relating  to  pre-criminal
  proceeding  settlements  in  the  city of New York, in relation to the
  effectiveness thereof (Part  A);  to  amend  the  correction  law,  in
  relation  to  expanding  the  definition  of  internet identifiers and
  establishing criminal personation by a sex offender (Part B); to amend
  the penal law, in relation to prohibiting the use of the  intoxication
  of  a  victim as defense to a criminal charge for sex crimes (Part C);
  to amend section 7 of part Y of chapter 57 of the laws of 2018, amend-

S. 7505                             3                            A. 9505

  ing the education  law  relating  to  persons  practicing  in  certain
  licensed  programs  or  services who are exempt from practice require-
  ments of professionals licensed by the  department  of  education,  in
  relation  to  adding  the division of criminal justice services to the
  list of agencies not required to receive a waiver for entities provid-
  ing certain professional services (Part D); to amend the state finance
  law, in relation  to  establishing  the  district  attorney  discovery
  compensation  fund;  and  to  amend  the  criminal  procedure  law, in
  relation to monies recovered by county district attorneys  before  the
  filing  of  an  accusatory  instrument  (Part  E);  in relation to the
  closure of correctional facility; and providing for the repeal of such
  provisions upon expiration thereof (Part F); to amend  the  correction
  law  and the executive law, in relation to moving adolescent offenders
  to the office of children and family  services;  to  repeal  paragraph
  (a-1)  of  subdivision 4 of section 70.20 of the penal law and section
  77 of the correction law relating thereto; to  repeal  paragraphs  (a)
  through  (e) of section 508 of the executive law relating to a techni-
  cal correction; and providing for the  repeal  of  certain  provisions
  upon  expiration  thereof (Part G); to amend the state finance law, in
  relation to directing the correctional industries program  to  provide
  services  in  certain  situations  (Part  H); to amend the tax law, in
  relation to suspending the  transfer  of  monies  into  the  emergency
  services  revolving  loan  fund  from the public safety communications
  account (Part I); to amend the executive law, in relation to  the  age
  of  appointment  for  sworn  members of the New York state police; and
  providing for the repeal of such provisions  upon  expiration  thereof
  (Part  J);  to  amend the penal law, in relation to the possession and
  sale of firearm, rifle, and shotgun components (Part K); to amend  the
  executive  law,  in  relation to administrative subpoenas (Part L); to
  amend the criminal procedure law, in relation to establishing the safe
  homes and families act (Part M); to amend the penal law,  in  relation
  to  firearm licenses (Part N); to amend the executive law, in relation
  to the reporting of firearms (Part O); to  amend  the  mental  hygiene
  law,  in  relation  to  sharing information from mental health profes-
  sionals with other states  (Part  P);  to  amend  the  penal  law,  in
  relation  to  establishing the crime of domestic violence (Part Q); to
  amend the penal law and the criminal procedure  law,  in  relation  to
  enacting  the  "New  York  Hate Crime Anti-Terrorism Act" (Part R); to
  amend the civil service law, in relation to reimbursement for medicare
  premium charges (Part S); to amend the civil practice  law  and  rules
  and  the  state finance law, in relation to the rate of interest to be
  paid on judgement and accrued claims (Part  T);  to  amend  the  civil
  service  law,  in  relation  to  capping the standard medicare premium
  charge (Part U); to amend the civil service law, in  relation  to  the
  state's  contribution  to  the  cost  of health insurance premiums for
  future retirees of the state and their dependents (Part V);  to  amend
  the  civil  service  law,  in  relation  to  continuing to protect and
  strengthen unions (Part W); to amend the state technology law and  the
  state finance law, in relation to authorizing comprehensive technology
  service  contracts  (Part  X);  to amend the state finance law and the
  state technology law, in relation to defining the term  technology  to
  include  computer  information, electronic information, interconnected
  systems and related material thereto (Part Y); to amend section  1  of
  part  S  of chapter 56 of the laws of 2010, relating to establishing a
  joint appointing authority for the state financial system project,  in
  relation to statewide financial system procurements (Part Z); to amend

S. 7505                             4                            A. 9505

  the  public buildings law, in relation to the leasing of real property
  (Part AA); to amend the state  finance  law,  in  relation  to  sexual
  harassment  disclosure  with  respect to state contracts (Part BB); to
  amend  the  alcoholic  beverage control law, in relation to creating a
  higher education institution license (Part CC); to amend the alcoholic
  beverage control law, in relation to allowing food that  is  typically
  found in a motion picture theatre to be deemed in compliance with food
  requirements  to  serve  alcoholic  beverages  (Part DD); to amend the
  alcoholic beverage control law, in relation to tied house restrictions
  (Part EE); to amend the alcoholic beverage control law, in relation to
  establishing the hours during which alcoholic beverages may be sold in
  certain international airport property (Part FF); to amend  the  work-
  ers'  compensation law, in relation to diversifying the New York state
  insurance fund's investment authority (Part GG); to amend the workers'
  compensation law, in relation to combatting the New York state  insur-
  ance  fund's  surprise premium increases (Part HH); to amend the work-
  ers' compensation law, in relation to  allowing  the  New  York  state
  insurance  fund to enter into agreement with private insurance provid-
  ers to cover out-of-state work (Part II); to amend the  election  law,
  in  relation to triggering automatic manual recounts in elections that
  finish with a small margin of victory (Part JJ); to  amend  the  state
  finance  law,  in relation to video lottery terminal aid (Part KK); to
  amend the general municipal law, in relation to enhancing  flexibility
  within  the county-wide shared services initiative (Part LL); to amend
  the local finance law, in relation to the voting requirements for  the
  financial  restructuring  board  for  local  governments (Part MM); to
  amend the tax law and the public authorities law, in relation to  AIM-
  related  sales  tax  payments in the counties of Nassau and Erie (Part
  NN); to amend the county law, the correction  law  and  the  judiciary
  law,  in  relation  to  authorizing  shared county jails (Part OO); to
  amend the domestic relations law, in relation to consideration of  the
  effects  of  domestic  violence  and  other  acts  on future financial
  circumstances to determine equitable distribution of marital  property
  (Part  PP); to amend the public authorities law, in relation to ensur-
  ing pay equity at state and local public  authorities  (Part  QQ);  to
  amend the family court act and the criminal procedure law, in relation
  to  orders  of  protection  (Part  RR);  to amend the election law, in
  relation to banning campaign contributions from  foreign  corporations
  (Part  SS);  to amend the public officers law and the election law, in
  relation to requiring  the  disclosure  of  tax  returns  for  certain
  elected  officials  and  appointed  employees  (Part TT); to amend the
  executive law and the tax law, in relation to disclosure  requirements
  for  certain  nonprofits  (Part  UU);  and to provide for the adminis-
  tration of certain funds and accounts related to the 2020-2021 budget,
  authorizing certain payments and transfers; to amend the state finance
  law, in relation to the administration of certain funds and  accounts;
  to  amend  part  D  of chapter 389 of the laws of 1997 relating to the
  financing of the correctional  facilities  improvement  fund  and  the
  youth  facility  improvement  fund,  in  relation  to  the issuance of
  certain bonds or notes; to amend part Y of chapter 61 of the  laws  of
  2005,  relating  to  providing for the administration of certain funds
  and accounts related to the 2005-2006 budget, in relation to the issu-
  ance of certain bonds or notes; to amend the public  authorities  law,
  in relation to the issuance of certain bonds or notes; to amend part K
  of  chapter  81  of  the  laws  of 2002, relating to providing for the
  administration of certain funds and accounts related to the  2002-2003

S. 7505                             5                            A. 9505

  budget,  in  relation  to  the  issuance of certain bonds or notes; to
  amend the New York state medical care facilities finance  agency  act,
  in  relation  to  the issuance of certain bonds or notes; to amend the
  New  York  state urban development corporation act, in relation to the
  issuance of certain bonds or notes; to amend chapter 329 of  the  laws
  of 1991, amending the state finance law and other laws relating to the
  establishment  of  the  dedicated  highway  and  bridge trust fund, in
  relation to the issuance of certain  bonds  or  notes;  to  amend  the
  public  authorities  law, in relation to the issuance of certain bonds
  or notes; to amend the New York state  urban  development  corporation
  act,  in  relation to the issuance of certain bonds or notes; to amend
  the private housing finance law, in relation to housing program  bonds
  and  notes; to amend the state finance law, in relation to payments of
  bonds; to amend the civil practice law and rules, in  relation  to  an
  action  related  to  a  bond;  and providing for the repeal of certain
  provisions upon expiration thereof (Part VV)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2020-2021
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through VV. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.
                                 PART A

  Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
correction  law  relating to the psychological testing of candidates, as
amended by section 1 of part O of chapter 55 of the  laws  of  2019,  is
amended to read as follows:
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2020] 2022.
  § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive  law  and  the  criminal  procedure  law  relating to expanding the
geographic area of employment of certain police officers, as amended  by
section  2  of  part  O of chapter 55 of the laws of 2019, is amended to
read as follows:
  § 3. This act shall take effect on the  first  day  of  November  next
succeeding  the  date  on  which  it  shall have become a law, and shall
remain in effect until the first day of September, [2020] 2022, when  it
shall expire and be deemed repealed.
  §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
correction law and the penal  law  relating  to  prisoner  furloughs  in
certain  cases  and  the  crime  of  absconding therefrom, as amended by
section 3 of part O of chapter 55 of the laws of  2019,  is  amended  to
read as follows:

S. 7505                             6                            A. 9505

  §  3.  This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2020] 2022.
  §  4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as  amended
by  section 4 of part O of chapter 55 of the laws of 2019, is amended to
read as follows:
  § 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force  or  effect  on
and  after  September  1,  [2020]  2022  and  shall not apply to persons
committed to the custody of the department after such date, and provided
further that the commissioner of corrections and  community  supervision
shall  report  each January first and July first during such time as the
earned eligibility program is in effect, to the chairmen of  the  senate
crime  victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly  codes  commit-
tee,  the  standards  in  effect for earned eligibility during the prior
six-month period, the number of inmates subject  to  the  provisions  of
earned  eligibility,  the  number  who actually received certificates of
earned eligibility during that period of time,  the  number  of  inmates
with  certificates who are granted parole upon their first consideration
for parole, the number with certificates  who  are  denied  parole  upon
their  first  consideration,  and  the number of individuals granted and
denied parole who did not have earned eligibility certificates.
  § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges,  fees
and funding, as amended by section 5 of part O of chapter 55 of the laws
of 2019, is amended to read as follows:
  (q)  the  provisions  of  section  two hundred eighty-four of this act
shall remain in effect until September 1, [2020] 2022 and be  applicable
to all persons entering the program on or before August 31, [2020] 2022.
  §  6.  Section  10  of  chapter  339 of the laws of 1972, amending the
correction law and the  penal  law  relating  to  inmate  work  release,
furlough  and  leave, as amended by section 6 of part O of chapter 55 of
the laws of 2019, is amended to read as follows:
  § 10. This act shall take effect 30 days after it shall have become  a
law  and  shall  remain  in  effect  until September 1, [2020] 2022, and
provided further that the commissioner of  correctional  services  shall
report each January first, and July first, to the chairman of the senate
crime  victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly  codes  commit-
tee,  the  number of eligible inmates in each facility under the custody
and control of the commissioner who have applied  for  participation  in
any  program  offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
  § 7. Subdivision (c) of section 46 of chapter 60 of the laws  of  1994
relating  to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994 enacting the state
operations budget, as amended by section 7 of part O of  chapter  55  of
the laws of 2019, is amended to read as follows:
  (c)  sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2020] 2022; provided, that the provisions of  section  forty-two
of  this act shall apply to inmates entering the work release program on
or after such effective date; and

S. 7505                             7                            A. 9505

  § 8. Subdivision h of section 74 of chapter 3 of  the  laws  of  1995,
amending the correction law and other laws relating to the incarceration
fee,  as  amended  by  section  8 of part O of chapter 55 of the laws of
2019, is amended to read as follows:
  h.  Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 1995; provided, however, that the
provisions of section 189 of the correction law, as amended  by  section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as  amended by section fifty-six of this act, and section fifty-seven of
this act shall expire September 1, [2020] 2022, when upon such date  the
amendments  to  the correction law and penal law made by sections fifty-
five and fifty-six of this act shall revert to and be  read  as  if  the
provisions  of  this  act  had not been enacted; provided, however, that
sections sixty-two, sixty-three and sixty-four  of  this  act  shall  be
deemed  to have been in full force and effect on and after March 1, 1995
and shall be deemed repealed April  1,  1996  and  upon  such  date  the
provisions  of  subsection  (e) of section 9110 of the insurance law and
subdivision 2 of section 89-d of the state finance law shall  revert  to
and  be  read  as  set  out in law on the date immediately preceding the
effective date of sections sixty-two and sixty-three of this act;
  § 9. Subdivision (c) of section 49 of subpart A of part C  of  chapter
62 of the laws of 2011 amending the correction law and the executive law
relating to merging the department of correctional services and division
of  parole into the department of corrections and community supervision,
as amended by section 9 of part O of chapter 55 of the laws of 2019,  is
amended to read as follows:
  (c)  that  the  amendments  to  subdivision  9  of  section 201 of the
correction law as added by section thirty-two of this act  shall  remain
in  effect  until  September 1, [2020] 2022, when it shall expire and be
deemed repealed;
  § 10. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees  and  funding,  as amended by section 10 of part O of chapter 55 of
the laws of 2019, is amended to read as follows:
  (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
hundred  eighty-three  and  three  hundred eighty-four of this act shall
expire on September 1, [2020] 2022;
  § 11. Section 12 of chapter 907 of the  laws  of  1984,  amending  the
correction  law,  the New York city criminal court act and the executive
law relating to prison and jail housing and  alternatives  to  detention
and  incarceration programs, as amended by section 11 of part O of chap-
ter 55 of the laws of 2019, is amended to read as follows:
  § 12.  This  act  shall  take  effect  immediately,  except  that  the
provisions  of sections one through ten of this act shall remain in full
force and effect until September 1, [2020]  2022  on  which  date  those
provisions shall be deemed to be repealed.
  §  12.  Subdivision  (p)  of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as  amended
by section 12 of part O of chapter 55 of the laws of 2019, is amended to
read as follows:
  (p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this  act  shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three  hundred  forty-one  of
this act shall take effect immediately and shall expire November 1, 1993
at  which  time  it  shall  be  deemed  repealed; sections three hundred

S. 7505                             8                            A. 9505

forty-five and three hundred forty-six of this  act  shall  take  effect
July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this  act
shall  take  effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and  shall
expire  June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed  on  or  after  such
effective  date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred  seventy-four,  three
hundred  seventy-five  and  three  hundred seventy-six of this act shall
remain in effect until September 1, [2020]  2022,  at  which  time  they
shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
surcharge provided in section three hundred  seventy-four  of  this  act
shall  apply  to parking violations occurring on or after said effective
date; and provided further that the amendments made to  section  235  of
the vehicle and traffic law by section three hundred seventy-two of this
act,  the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the  labor  law  by
section three hundred seventy-five of this act shall expire on September
1,  [2020]  2022  and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the  provisions  of  this
act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred  seventy-
seven  and  three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions  of  such  subdivisions  shall
revert  and  shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action  as  is
necessary to assure that all applicants for examination for admission to
practice  as  an  attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any  exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the  date  prior  to  the  effective date of this act; the provisions of
section 306-a of the civil practice law and rules as  added  by  section
three  hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided,  however,  that
for  the  purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September  1,  1991;
the  provisions  of section three hundred eighty-three of this act shall
apply to all money deposited  in  connection  with  a  cash  bail  or  a
partially  secured  bail  bond  on or after such effective date; and the
provisions of sections  three  hundred  eighty-four  and  three  hundred
eighty-five  of  this  act  shall  apply  only to jury service commenced
during a judicial term beginning on or after the effective date of  this
act; provided, however, that nothing contained herein shall be deemed to
affect  the  application,  qualification,  expiration  or  repeal of any
provision of law amended by any section of this act and such  provisions
shall  be  applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;

S. 7505                             9                            A. 9505

  § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 13 of part O of chapter 55 of the laws  of  2019,  is
amended to read as follows:
  8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [twenty] TWENTY-TWO.
  § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle  and  traffic law relating to the ignition interlock device program,
as amended by section 14 of part O of chapter 55 of the laws of 2019, is
amended to read as follows:
  § 6. This act shall take  effect  on  the  first  day  of  April  next
succeeding  the  date  on  which  it  shall have become a law; provided,
however, that effective immediately, the addition, amendment  or  repeal
of  any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective  date  is  authorized  and
directed  to  be made and completed on or before such effective date and
shall remain in full force and effect until the first day of  September,
[2020]  2022  when  upon  such  date the provisions of this act shall be
deemed repealed.
  § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 15 of part O of chapter 55 of  the
laws of 2019, is amended to read as follows:
  a.  sections  forty-three  through forty-five of this act shall expire
and be deemed repealed on September 1, [2020] 2022;
  § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 16 of part O of  chap-
ter 55 of the laws of 2019, is amended to read as follows:
  §  4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1,  [2020]
2022, when upon such date it shall expire.
  §  17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and  domestic  violence  intervention
act  of  1994,  as  amended by section 17 of part O of chapter 55 of the
laws of 2019, is amended to read as follows:
  2. Subdivision 4 of section 140.10 of the criminal  procedure  law  as
added  by  section  thirty-two  of this act shall take effect January 1,
1996 and shall expire and be deemed  repealed  on  September  1,  [2020]
2022.
  § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal  procedure law relating to the use of closed-circuit television and
other protective measures for certain child  witnesses,  as  amended  by
section  18  of  part O of chapter 55 of the laws of 2019, is amended to
read as follows:
  § 5. This act shall take effect immediately and  shall  apply  to  all
criminal  actions  and proceedings commenced prior to the effective date
of this act but still pending on such  date  as  well  as  all  criminal
actions  and  proceedings  commenced on or after such effective date and
its provisions shall expire on  September 1, [2020] 2022, when upon such
date the provisions of this act shall be deemed repealed.
  § 19. Subdivision d of section 74 of chapter 3 of the  laws  of  1995,
enacting  the sentencing reform act of 1995, as amended by section 19 of
part O of chapter 55 of the laws of 2019, is amended to read as follows:
  d. Sections one-a through twenty,  twenty-four  through  twenty-eight,
thirty  through  thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2020] 2022;

S. 7505                            10                            A. 9505

  § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
nal procedure law relating to electronic  court  appearance  in  certain
counties,  as  amended by section 20 of part O of chapter 55 of the laws
of 2019, is amended to read as follows:
  §  2.  This  act  shall  take  effect  immediately,  except  that  the
provisions of this act shall be deemed to have been in  full  force  and
effect  since  July  1, 1992 and the provisions of this act shall expire
September 1, [2020] 2022 when upon such date the provisions of this  act
shall be deemed repealed.
  § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision,  as  amended  by  section 21 of part O of chapter 55 of the
laws of 2019, is amended to read as follows:
  § 3. This act shall take effect immediately, except that  section  one
of  this  act  shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2020] 2022,  upon  which  date  this  act
shall  be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to  any
compacting  state  which  has  enacted  an  interstate  compact entitled
"Interstate compact for adult offender supervision" and having an  iden-
tical  effect  to  that  added  by  section one of this act and provided
further that with respect to any such compacting state, upon the  effec-
tive date of section one of this act, section 259-m of the executive law
is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
added by section one of  this  act,  shall  take  effect;  and  provided
further  that  with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact  for  adult  offender  super-
vision"  and  having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect  and  the
provisions  of  section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall  adopt
an  interstate  compact  entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state,  effective  imme-
diately,  section  259-m  of  the  executive  law is deemed repealed and
section 259-mm of the executive law, as added by  section  one  of  this
act, shall take effect.
  §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of  certain  correc-
tional  facilities,  providing  for  the  custody  by  the department of
correctional services of inmates serving definite  sentences,  providing
for  custody  of  federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 22 of part O  of  chapter
55 of the laws of 2019, is amended to read as follows:
  §  8.  This  act shall take effect immediately; provided, however that
sections five and six of this act shall expire and  be  deemed  repealed
September 1, [2020] 2022.
  §  23. Section 3 of part C of chapter 152 of the laws of 2001 amending
the military law relating to military funds of the organized militia, as
amended by section 23 of part O of chapter 55 of the laws  of  2019,  is
amended to read as follows:
  § 3. This act shall take effect immediately; provided however that the
amendments  made  to subdivision 1 of section 221 of the military law by
section two of this act shall expire and be deemed repealed September 1,
[2020] 2022.

S. 7505                            11                            A. 9505

  § 24. Section 5 of chapter 554 of  the  laws  of  1986,  amending  the
correction  law  and  the  penal law relating to providing for community
treatment facilities and establishing the crime of absconding  from  the
community  treatment  facility,  as  amended  by section 24 of part O of
chapter 55 of the laws of 2019, is amended to read as follows:
  §  5.  This act shall take effect immediately and shall remain in full
force and effect until September 1, [2020] 2022,  and  provided  further
that the commissioner of correctional services shall report each January
first  and July first during such time as this legislation is in effect,
to the chairmen of  the  senate  crime  victims,  crime  and  correction
committee,  the  senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at  each  facility  who
are  not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
  § 25. Section 2 of part F of chapter 55 of the laws of 2018,  amending
the  criminal  procedure law relating to pre-criminal proceeding settle-
ments in the city of New York, as amended by section 25  of  part  O  of
chapter 55 of the laws of 2019, is amended to read as follows:
  §  2.  This act shall take effect immediately and shall remain in full
force and effect until March 31, [2020] 2022, when it shall  expire  and
be deemed repealed.
  §  26.  This  act shall take effect immediately, provided however that
section twenty-five of this act shall be deemed to  have  been  in  full
force and effect on and after March 31, 2020.

                                 PART B

  Section  1.  Subdivision 18 of section 168-a of the correction law, as
added by chapter 67 of the laws of 2008, is amended to read as follows:
  18. "Internet identifiers" means [electronic mail addresses and desig-
nations used  for  the  purposes  of  chat,  instant  messaging,  social
networking  or other similar internet communication] (A) PERSON-SPECIFIC
DESIGNATIONS, INCLUDING BUT NOT LIMITED TO  ELECTRONIC  MAIL  ADDRESSES,
PHONE  NUMBERS, ACCOUNT NAMES, USER NAMES, SCREEN NAMES AND GAMING TAGS,
AS WELL AS ALIASES USED FOR THE PURPOSES OF CHATTING, MESSAGING, GAMING,
DATING, NETWORKING, SOCIAL MEDIA, FILE SHARING, INFORMATION SHARING,  OR
OTHER  INTERNET  COMMUNICATION  OR  CONTACT AND (B) THE NAME OR NAMES OF
INTERNET APPLICATIONS, OR OTHER DOWNLOADABLE APPLICATIONS  INTENDED  FOR
USE  ON  A  MOBILE DEVICE, SITES, PLATFORMS OR OTHER SOFTWARE WHERE SUCH
PERSON-SPECIFIC DESIGNATIONS OR ALIASES ARE  USED  TO  ENGAGE  IN  CHAT,
MESSAGING,  GAMING,  DATING,  NETWORKING,  SOCIAL  MEDIA,  FILE SHARING,
INFORMATION SHARING, OR OTHER INTERNET COMMUNICATION OR CONTACT.
  § 2. Subdivision 10 of section 168-b of the correction law,  as  added
by chapter 67 of the laws of 2008, is amended to read as follows:
  10.  The  division  shall, upon the request of any authorized internet
entity, release to such entity internet identifiers  that  would  enable
such  entity  to prescreen or remove sex offenders from its services or,
in conformity with state and federal law, advise law enforcement  and/or
other  governmental  entities  of  potential  violations  of  law and/or
threats to public safety. Before releasing any information the  division
shall  require  an  authorized internet entity that requests information
from the registry to submit to the division the name, address and  tele-
phone  number of such entity and the specific legal nature and corporate
status of such entity. Except for the purposes specified in this  subdi-

S. 7505                            12                            A. 9505

vision,  an  authorized  internet entity shall not publish or in any way
disclose or redisclose any information provided to it  by  the  division
pursuant to this subdivision.  AN AUTHORIZED INTERNET ENTITY OR INTERNET
ACCESS  PROVIDER  SHALL  REVIEW THE INFORMATION PROVIDED BY THE DIVISION
PURSUANT TO THIS SECTION. SUCH AUTHORIZED INTERNET  ENTITY  OR  INTERNET
ACCESS  PROVIDER SHALL DEVELOP POLICIES REGARDING THE USE OF SUCH INFOR-
MATION AND PUBLICLY RELEASE SUCH POLICIES TO ITS  USERS,  IN  ACCORDANCE
WITH  RULES AND REGULATIONS PROMULGATED BY THE DIVISION PURSUANT TO THIS
SUBDIVISION. The division may charge an authorized internet entity a fee
for access to registered internet identifiers requested by  such  entity
pursuant  to  this subdivision.  The division shall promulgate rules and
regulations relating to procedures for the release of information in the
registry, including but not limited to, the disclosure and  redisclosure
of such information, and the imposition of any fees, AND RULES AND REGU-
LATIONS  RELATING  TO CRITERIA REQUIRED FOR THE POLICIES TO BE DEVELOPED
BY AUTHORIZED INTERNET ENTITIES AND INTERNET ACCESS PROVIDERS.
  § 3. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is relettered section 168-x and a new section 168-w
is added to read as follows:
  § 168-W. CRIMINAL PERSONATION BY A SEX OFFENDER. 1. A PERSON IS GUILTY
OF CRIMINAL PERSONATION BY A SEX OFFENDER WHEN, BEING REQUIRED TO REGIS-
TER OR VERIFY UNDER THE PROVISIONS OF THIS ARTICLE, HE OR SHE,  FOR  THE
PURPOSE  OF  ENGAGING  IN  CHAT,  MESSAGING, GAMING, DATING, NETWORKING,
SOCIAL MEDIA, FILE  SHARING,  INFORMATION  SHARING,  OR  OTHER  INTERNET
COMMUNICATION  OR  CONTACT,  KNOWINGLY  MISREPRESENTS  HIS OR HER ACTUAL
NAME, GENDER, DATE OF BIRTH, ADDRESS, OR STATUS AS  A  SEX  OFFENDER  TO
ANOTHER  PERSON,  WITH  THE  INTENT  TO  DEFRAUD, DECEIVE OR INJURE SUCH
PERSON OR ANOTHER PERSON.
  2. ANY SEX OFFENDER REQUIRED TO REGISTER OR TO VERIFY PURSUANT TO  THE
PROVISIONS OF THIS ARTICLE WHO COMMITS THE CRIME OF CRIMINAL PERSONATION
BY A SEX OFFENDER AS DEFINED IN SUBDIVISION ONE OF THIS SECTION SHALL BE
GUILTY  OF  A  CLASS E FELONY UPON CONVICTION FOR THE FIRST OFFENSE, AND
UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF  A
CLASS  D  FELONY. THE COMMISSION OF SUCH OFFENSE SHALL ALSO BE THE BASIS
FOR REVOCATION OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF
THE EXECUTIVE LAW OR THE BASIS FOR REVOCATION OF PROBATION  PURSUANT  TO
ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
  § 4. This act shall take effect immediately.

                                 PART C

  Section 1. Subdivision 6 of section 130.00 of the penal law is amended
to read as follows:
  6.  "Mentally incapacitated" means that a person is rendered temporar-
ily incapable of appraising or controlling his OR HER conduct  owing  to
the  influence  of  a narcotic or intoxicating substance administered to
him OR HER without his OR HER consent, or to  any  other  act  committed
upon him OR HER without his OR HER consent.
  §  2.  Paragraph  (d)  of subdivision 2 of section 130.05 of the penal
law, as amended by chapter 40 of the laws of 2004, is amended and a  new
paragraph (e) is added to read as follows:
  (d)  Where  the  offense  charged  is  SEXUAL MISCONDUCT AS DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 130.20, rape in the third degree  as
defined  in  subdivision three of section 130.25, or criminal sexual act
in the third degree as defined in subdivision three of  section  130.40,
in  addition  to  forcible compulsion, circumstances under which, at the

S. 7505                            13                            A. 9505

time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
conduct,  the victim clearly expressed that he or she did not consent to
engage in such act, and a reasonable person  in  the  actor's  situation
would  have  understood such person's words and acts as an expression of
lack of consent to such act under all the circumstances[.]; OR
  (E) WHERE THE OFFENSE CHARGED  IS  SEXUAL  MISCONDUCT  AS  DEFINED  IN
SUBDIVISIONS  ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS
DEFINED IN SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL  SEXUAL  ACT
IN  THE  THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.40,
IN ADDITION TO FORCIBLE COMPULSION, CIRCUMSTANCES UNDER  WHICH,  AT  THE
TIME  OF  THE  ACT  OF  INTERCOURSE,  ORAL SEXUAL CONDUCT OR ANAL SEXUAL
CONDUCT, THE VICTIM IS UNDER THE INFLUENCE OF ANY DRUG,  INTOXICANT,  OR
OTHER  SUBSTANCE  TO  A  DEGREE WHICH RENDERS THAT PERSON UNABLE TO GIVE
KNOWING AND VOLUNTARY CONSENT AND THAT CONDITION IS KNOWN OR  REASONABLY
SHOULD BE KNOWN TO A PERSON IN THE ACTOR'S SITUATION.
  §  3.  Subdivision  4  of section 130.35 of the penal law, as added by
chapter 1 of the laws of 2000, is amended and a  new  subdivision  5  is
added to read as follows:
  4. Who is less than thirteen years old and the actor is eighteen years
old or more[.]; OR
  5.  WHO  IS INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY INCAPACI-
TATED AS DEFINED IN SUBDIVISION SIX OF SECTION 130.00  OF  THIS  ARTICLE
AND  SUCH INCAPACITATION IS DUE IN PART TO THE CONDUCT OF THE ACTOR, AND
THE ACTOR INTENDED TO CAUSE SUCH INCAPACITATION.
  § 4. Subdivision 4 of section 130.50 of the penal law, as  amended  by
chapter  264  of the laws of 2003, is amended and a new subdivision 5 is
added to read as follows:
  4. Who is less than thirteen years old and the actor is eighteen years
old or more[.]; OR
  5. WHO IS INCAPABLE OF CONSENT BY REASON OF BEING  MENTALLY  INCAPACI-
TATED  AS  DEFINED  IN SUBDIVISION SIX OF SECTION 130.00 OF THIS ARTICLE
AND SUCH INCAPACITATION IS DUE IN PART TO THE CONDUCT OF THE ACTOR,  AND
THE ACTOR INTENDED TO CAUSE SUCH INCAPACITATION.
  § 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART D

  Section  1.  Section  7  of  part Y of chapter 57 of the laws of 2018,
amending the education law relating to  persons  practicing  in  certain
licensed  programs or services who are exempt from practice requirements
of professionals licensed by the department of education, is amended  to
read as follows:
  § 7. Programs and services operated, regulated, funded, or approved by
the  department  of  mental  hygiene,  the office of children and family
services, the department of corrections and community  supervision,  the
office  of temporary and disability assistance, the state office for the
aging [and], the department of health,  AND  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES or a local governmental unit as the term is defined in
section 41.03 of the mental hygiene law or a social services district as
defined in section 61 of the social services law shall not  be  required
to receive a waiver pursuant to section 6503-a of the education law and,
further,  such  programs  and  services  shall  also be considered to be
approved settings for the  receipt  of  supervised  experience  for  the
professions governed by articles 153, 154 and 163 of the education law.
  § 2. This act shall take effect immediately.

S. 7505                            14                            A. 9505

                                 PART E

  Section  1.  The  state finance law is amended by adding a new section
99-hh to read as follows:
  § 99-HH. DISTRICT ATTORNEY DISCOVERY COMPENSATION FUND.   1. THERE  IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE DISTRICT
ATTORNEY DISCOVERY COMPENSATION FUND.
  2. (A) SUCH FUND SHALL CONSIST OF TWO MILLION DOLLARS  UPON  IMMEDIATE
TRANSFER FROM FUNDS SECURED BY PAYMENTS ASSOCIATED WITH STATE SANCTIONED
DEFERRED  PROSECUTION  AGREEMENTS  CURRENTLY  HELD  ON  DEPOSIT WITH THE
OFFICE OF THE MANHATTAN DISTRICT ATTORNEY.
  (B) THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY SHALL ANNUALLY REMIT
TWO MILLION DOLLARS OF  FUTURE  STATE  SANCTIONED  DEFERRED  PROSECUTION
AGREEMENT  FUNDS  WHICH HAVE BEEN SECURED BY JANUARY FIRST OF THE SUBSE-
QUENT YEAR. IF TWO MILLION  DOLLARS  IN  FUTURE  FUNDING  HAS  NOT  BEEN
SECURED,  THE  OFFICE  OF THE MANHATTAN DISTRICT ATTORNEY SHALL TRANSFER
TWO MILLION DOLLARS FROM FUNDS SECURED BY PAYMENTS ASSOCIATED WITH STATE
SANCTIONED DEFERRED PROSECUTION AGREEMENTS  CURRENTLY  HELD  ON  DEPOSIT
WITH THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY BY JANUARY FIRST.
  3.  MONIES  OF  THE  DISTRICT  ATTORNEY  DISCOVERY  COMPENSATION FUND,
FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE  DIREC-
TOR OF THE BUDGET, SHALL BE MADE AVAILABLE FOR LOCAL ASSISTANCE SERVICES
AND EXPENSES RELATED TO DIGITAL EVIDENCE TRANSMISSION TECHNOLOGY.
  §  2. Section 95.00 of the criminal procedure law, as added by section
1 of part F of chapter 55 of the laws of 2018, is  amended  to  read  as
follows:
§ 95.00 Pre-criminal proceeding settlement.
  When  a  county district attorney of a county located in a city of one
million or more recovers monies  before  the  filing  of  an  accusatory
instrument  as  defined in subdivision one of section 1.20 of this chap-
ter, after injured parties  have  been  appropriately  compensated,  the
district  attorney's  office  shall retain a percentage of the remaining
such monies in recognition that such monies were recovered as  a  result
of investigations undertaken by such office. For each recovery the total
amount  of  such monies to be retained by the county district attorney's
office shall equal ten percent of the first twenty-five million  dollars
received  by such office, plus seven and one-half percent of such monies
received by such office in excess of  twenty-five  million  dollars  but
less  than  fifty  million dollars, plus five percent of any such monies
received by such office in excess of fifty million dollars but less than
one hundred million dollars, plus one percent of such monies received by
such office in excess of one hundred million dollars. The  remainder  of
such monies shall be paid by the district attorney's office to the state
and  to the county in equal amounts within thirty days of receipt, where
disposition of such monies is not otherwise prescribed  by  law.  Monies
distributed  to  a  county  district  attorney's office pursuant to this
section shall be used to enhance  law  enforcement  efforts  within  the
state of New York. On December first of each year, every district attor-
ney  shall  provide  the governor, temporary president of the senate and
speaker of the assembly with an annual report detailing the total amount
of monies received as described herein by his or  her  office  [and],  a
description  of  how  and  where such funds, AND AN ITEMIZATION OF FUNDS
RECEIVED IN THE PREVIOUS TEN YEARS,  were  distributed  by  his  or  her
office but shall not include a description of the distribution of monies
where  the  disclosure  of  such  information would interfere with a law

S. 7505                            15                            A. 9505

enforcement investigation or a  judicial  proceeding,  AND  THE  CURRENT
TOTAL  BALANCE  OF  MONIES HELD ON DEPOSIT FOR STATE SANCTIONED DEFERRED
PROSECUTION AGREEMENTS. The report shall include a detailed  description
of  any entity to which funds are distributed, including but not limited
to, whether it is  a  profit  or  not-for-profit  entity,  where  it  is
located, and the intended use of the monies distributed, and shall state
the law enforcement purpose.
  §  3.  This act shall take effect immediately; provided, however, that
the amendments to section 95.00 of the criminal procedure  law  made  by
section  two of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.

                                 PART F

  Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
the correction law, the governor is  authorized  to  close  correctional
facilities  of  the department of corrections and community supervision,
in the state fiscal year 2020-2021, as he determines to be necessary for
the cost-effective and efficient operation of the  correctional  system,
provided that the governor provides at least 90 days notice prior to any
such  closures  to the temporary president of the senate and the speaker
of the assembly.
  § 2. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after April 1, 2020 and shall
expire and be deemed repealed March 31, 2021.

                                 PART G

  Section 1. Paragraph (a-1) of subdivision 4 of section  70.20  of  the
penal law is REPEALED.
  § 2. Section 77 of the correction law is REPEALED.
  §  3. The correction law is amended by adding a new section 80 to read
as follows:
  § 80. TRANSFER OF ADOLESCENTS FROM THE DEPARTMENT. THE DEPARTMENT  AND
THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES SHALL JOINTLY ESTABLISH A
TRANSITION PLAN AND PROTOCOL TO BE USED IN TRANSFERRING CUSTODY  OF  ALL
ADOLESCENT  OFFENDERS AND INDIVIDUALS UNDER THE AGE OF EIGHTEEN FROM THE
CUSTODY OF THE DEPARTMENT TO THE CUSTODY OF THE OFFICE OF  CHILDREN  AND
FAMILY  SERVICES  ON  OR  BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY. THE
PLAN AND PROTOCOL SHALL BE COMPLETED ON OR BEFORE JULY FIRST, TWO  THOU-
SAND TWENTY.
  § 4. The section heading and subdivisions 1, 2, 7 and 8 of section 508
of the executive law, the section heading as added by chapter 481 of the
laws  of  1978,  subdivision  1 as amended by chapter 738 of the laws of
2004, subdivisions 2, 7 and 8 as amended by section 82 of  part  WWW  of
chapter 59 of the laws of 2017 and such section as renumbered by chapter
465 of the laws of 1992, are amended to read as follows:
  Juvenile offender AND ADOLESCENT OFFENDER facilities. 1. The office of
children  and  family  services shall maintain secure facilities for the
care and confinement of  juvenile  offenders  AND  ADOLESCENT  OFFENDERS
committed  for  [an  indeterminate,  determinate or definite] A sentence
pursuant to the sentencing provisions of the penal law. Such  facilities
shall  provide appropriate services to juvenile offenders AND ADOLESCENT
OFFENDERS including but not limited to residential care, educational and
vocational training, physical and mental health services, and employment
counseling.

S. 7505                            16                            A. 9505

  2. Juvenile offenders AND ADOLESCENT OFFENDERS shall  be  confined  in
such  facilities  until  the  age of twenty-one in accordance with their
sentences, and shall not  be  released,  discharged  or  permitted  home
visits except pursuant to the provisions of this section.
  7. While in the custody of the office of children and family services,
an offender shall be subject to the rules and regulations of the office,
except  that his or her parole, temporary release and discharge shall be
governed by the laws applicable to inmates of state correctional facili-
ties and his or her transfer to state hospitals in the office of  mental
health  shall be governed by section five hundred nine of this [chapter]
ARTICLE; provided, however, that  an  otherwise  eligible  offender  may
receive  the  six-month  limited  credit  time  allowance for successful
participation in one or more programs developed by the office  of  chil-
dren  and  family services that are comparable to the programs set forth
in section eight hundred three-b of  the  correction  law,  taking  into
consideration  the  age  of offenders. The commissioner of the office of
children and family  services  shall,  however,  establish  and  operate
temporary  release  programs  at  office of children and family services
facilities for eligible juvenile offenders AND ADOLESCENT OFFENDERS  and
contract  with  the  department of corrections and community supervision
for the provision of parole supervision services for  temporary  releas-
ees.  The  rules  and regulations for these programs shall not be incon-
sistent with the laws for temporary release  applicable  to  inmates  of
state  correctional  facilities.  For  the purposes of temporary release
programs for juvenile offenders  AND  ADOLESCENT  OFFENDERS  only,  when
referred  to  or  defined  in  article twenty-six of the correction law,
"institution" shall mean any facility designated by the commissioner  of
the  office of children and family services, "department" shall mean the
office of children and family services, "inmate" shall mean  a  juvenile
offender  OR  ADOLESCENT  OFFENDER residing in an office of children and
family services facility, and "commissioner" shall mean the commissioner
of the office of children and family services. Time spent in  office  of
children and family services facilities and in juvenile detention facil-
ities  shall be credited towards the sentence imposed in the same manner
and to the same extent  applicable  to  inmates  of  state  correctional
facilities.
  8.  Whenever  a  juvenile  offender, ADOLESCENT OFFENDER or a juvenile
offender OR ADOLESCENT OFFENDER adjudicated a youthful offender shall be
delivered to the director of an office of children and  family  services
facility  pursuant  to a commitment to the office of children and family
services, the officer so delivering such person shall  deliver  to  such
facility  director  a  certified  copy  of the sentence received by such
officer from the clerk of the court by which such person shall have been
sentenced, a copy of the report of the probation officer's investigation
and report, any other pre-sentence memoranda filed  with  the  court,  a
copy  of  the person's fingerprint records, a detailed summary of avail-
able medical  records,  psychiatric  records  and  reports  relating  to
assaults,  or  other  violent acts, attempts at suicide or escape by the
person while in the custody of a local detention facility.
  § 5. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 of section
508 of the executive law are REPEALED.
  § 6. This act shall take effect immediately; provided that:
  a. sections one and four of this act shall take effect on the sixtieth
day after this act shall have become a  law  and  the  changes  made  by
section  one  shall apply to sentences ordered pursuant to section 70.20
of the penal law on or after the effective date;

S. 7505                            17                            A. 9505

  b. section two of this act shall take effect October 1, 2020; and
  c.  section  three  of this act shall expire October 1, 2021 when upon
such date the provisions of  such  section  shall  be  deemed  repealed.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  to  be made and completed on or before such
effective date.

                                 PART H

  Section 1. Paragraph a of subdivision 2 of section 162  of  the  state
finance law, as amended by section 164 of subpart B of part C of chapter
62 of the laws of 2011, is amended to read as follows:
  a.  Commodities  AND  SERVICES produced by the correctional industries
program of the department of corrections and community  supervision  and
provided to the state pursuant to subdivision two of section one hundred
eighty-four of the correction law;
  § 2. Subparagraph (iii) of paragraph b of subdivision 4 of section 162
of the state finance law, as amended by chapter 430 of the laws of 1997,
is amended and a new subparagraph (iv) is added to read as follows:
  (iii) if, within ten days of the notification required by subparagraph
(i)  of this paragraph, no preferred source or facilitating entity iden-
tified in paragraph e of  subdivision  six  of  this  section  indicates
intent  to  provide  the service, [then the service shall be procured in
accordance with section one hundred sixty-three  of  this  article.  If,
after  such  period,  a  preferred  source elects to bid on the service,
award shall be made in accordance with section one  hundred  sixty-three
of this article or as otherwise provided by law] STATE AGENCIES OR POLI-
TICAL  SUBDIVISIONS  OR  PUBLIC  BENEFIT  CORPORATIONS  HAVING THEIR OWN
PURCHASING AGENCY SHALL MAKE REASONABLE EFFORTS TO PROVIDE  A  NOTIFICA-
TION  DESCRIBING  THEIR  REQUIREMENTS  TO  THE  CORRECTIONAL  INDUSTRIES
PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,  AND
IF  THE CORRECTIONAL INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION PROVIDES A NOTICE OF  INTENT  TO  PROVIDE  THE
SERVICE  IN  THE  FORM,  FUNCTION  AND  UTILITY  REQUIRED, AT A PRICE IN
ACCORDANCE WITH THE PRICE PROVISIONS SET FORTH HEREIN, THEN THE  SERVICE
SHALL  BE  PURCHASED  FROM  THE  CORRECTIONAL  INDUSTRIES PROGRAM OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  (IV) IF, WITHIN TEN DAYS OF THE NOTIFICATION REQUIRED BY  SUBPARAGRAPH
(III)  OF  THIS  PARAGRAPH,  THE  CORRECTIONAL INDUSTRIES PROGRAM OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION  DOES  NOT  INDICATE
INTENT  TO  PROVIDE  THE  SERVICE, THEN THE SERVICE SHALL BE PROCURED IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-THREE  OF  THIS  ARTICLE.  IF,
AFTER  SUCH  PERIOD,  A  PREFERRED  SOURCE ELECTS TO BID ON THE SERVICE,
AWARD SHALL BE MADE IN ACCORDANCE WITH SECTION ONE  HUNDRED  SIXTY-THREE
OF THIS ARTICLE OR AS OTHERWISE PROVIDED BY LAW.
  §  3.  The  opening  paragraph  of subdivision 5 of section 162 of the
state finance law, as amended by section 164 of subpart B of part  C  of
chapter 62 of the laws of 2011, is amended to read as follows:
  The  prices to be charged for commodities AND SERVICES produced by the
correctional industries program of the  department  of  corrections  and
community  supervision  shall  be  established  by  the  commissioner of
corrections and community supervision in  accordance  with  section  one
hundred eighty-six of the correction law.
  § 4. This act shall take effect immediately.

S. 7505                            18                            A. 9505

                                 PART I

  Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
law, as amended by section 1 of part M of chapter  55  of  the  laws  of
2018, is amended to read as follows:
  (b)  The  sum  of  one  million  five hundred thousand dollars must be
deposited into the New York state emergency services revolving loan fund
annually; provided, however, that such sums shall not be  deposited  for
state  fiscal  years two thousand eleven--two thousand twelve, two thou-
sand twelve--two thousand thirteen, two thousand fourteen--two  thousand
fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
sixteen--two thousand seventeen, two  thousand  seventeen--two  thousand
eighteen,  two thousand eighteen--two thousand nineteen [and], two thou-
sand nineteen--two thousand twenty, TWO  THOUSAND  TWENTY--TWO  THOUSAND
TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO;
  § 2. This act shall take effect April 1, 2020.

                                 PART J

  Section  1.  Subdivision  3  of  section  215 of the executive law, as
amended by chapter 478 of the laws  of  2004,  is  amended  to  read  as
follows:
  3.  The  sworn members of the New York state police shall be appointed
by the superintendent and permanent appointees may  be  removed  by  the
superintendent only after a hearing. No person shall be appointed to the
New  York state police force as a sworn member unless he or she shall be
a citizen of the United States, between the ages of twenty-one and twen-
ty-nine years except that in the superintendent's discretion, the  maxi-
mum  age  may  be extended to thirty-five years.  THE SUPERINTENDENT MAY
WAIVE THE MAXIMUM AGE FOR APPOINTMENT IN  THE  CASE  OF  ANY  INDIVIDUAL
EMPLOYED BY THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS
A  POLICE  OFFICER, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE
LAW, WHO IS APPOINTED TO THE NEW YORK STATE POLICE AS A  RESULT  OF  THE
NEW  YORK  STATE POLICE ASSUMING THE LAW ENFORCEMENT RESPONSIBILITIES OF
THAT STATE AGENCY. Notwithstanding any other provision  of  law  or  any
general  or special law to the contrary the time spent on military duty,
not exceeding a total of [six] SEVEN years, shall be subtracted from the
age of any applicant who has passed his or  her  twenty-ninth  birthday,
solely  for the purpose of permitting qualification as to age and for no
other purpose. Such limitations as to age however  shall  not  apply  to
persons  appointed to the positions of counsel, first assistant counsel,
assistant counsel, and  assistant  deputy  superintendent  for  employee
relations nor to any person appointed to the bureau of criminal investi-
gation pursuant to section two hundred sixteen of this article nor shall
any  person  be  appointed  unless  he or she has fitness and good moral
character and shall have passed a physical and mental examination  based
upon  standards provided by the rules and regulations of the superinten-
dent. Appointments shall be made for a probationary period which, in the
case of appointees required to attend  and  complete  a  basic  training
program  at  the  state  police  academy,  shall include such time spent
attending the basic school  and  terminate  one  year  after  successful
completion thereof. All other sworn members shall be subject to a proba-
tionary  period  of  one  year  from  the date of appointment. Following
satisfactory completion of the probationary period the member shall be a
permanent appointee. Voluntary resignation or withdrawal  from  the  New
York  state  police  during  such  appointment shall be submitted to the

S. 7505                            19                            A. 9505

superintendent for approval.   Reasonable  time  shall  be  required  to
account  for  all  equipment  issued  or for debts or obligations to the
state to be satisfied.  Resignation  or  withdrawal  from  the  division
during  a  time  of emergency, so declared by the governor, shall not be
approved if contrary to the best interest of the state and  shall  be  a
misdemeanor.  No  sworn  member  removed  from the New York state police
shall be eligible for reappointment. The superintendent shall make rules
and regulations subject to approval by the governor for  the  discipline
and  control  of  the  New York state police and for the examination and
qualifications of applicants for appointment as members thereto and such
examinations shall be held and conducted by the  superintendent  subject
to  such  rules  and  regulations.  The  superintendent is authorized to
charge a fee of twenty dollars as an  application  fee  for  any  person
applying  to take a competitive examination for the position of trooper,
and a fee of five dollars for any competitive examination for a civilian
position. The superintendent shall promulgate regulations subject to the
approval of the director of the budget, to provide for a waiver  of  the
application fee when the fee would cause an unreasonable hardship on the
applicant and to establish a fee schedule and charge fees for the use of
state police facilities.
  §  2.  This act shall take effect immediately; provided, however, that
the amendments to subdivision 3 of section 215 of the executive law made
by section one of this act shall expire and be deemed repealed April  1,
2023.

                                 PART K

  Section  1. Section 265.00 of the penal law is amended by adding a new
subdivision 31 to read as follows:
  31. "UNFINISHED FRAME OR RECEIVER" MEANS A PIECE OF ANY MATERIAL  THAT
DOES  NOT CONSTITUTE THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR SHOT-
GUN, BUT THAT HAS BEEN SHAPED OR FORMED IN ANY WAY FOR  THE  PURPOSE  OF
BECOMING  THE  FRAME  OR  RECEIVER OF A FIREARM, RIFLE, OR SHOTGUN. SUCH
TERM SHALL NOT INCLUDE A PIECE OF MATERIAL THAT  HAS  HAD  ITS  SIZE  OR
EXTERNAL  SHAPE  ALTERED  TO FACILITATE TRANSPORTATION OR STORAGE OR HAS
HAD ITS CHEMICAL COMPOSITION ALTERED.
  § 2. Subdivision 10 of section 265.02 of the penal law,  as  added  by
chapter  1  of  the laws of 2013, is amended and a new subdivision 11 is
added to read as follows:
  (10) Such person possesses an unloaded firearm and  also  commits  any
violent felony offense as defined in subdivision one of section 70.02 of
this chapter as part of the same criminal transaction[.]; OR
  (11)  SUCH  PERSON POSSESSES A MAJOR COMPONENT OF A FIREARM, RIFLE, OR
SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, AND SUCH PERSON IS  PROHIB-
ITED  FROM  POSSESSING A SHOTGUN OR RIFLE PURSUANT TO: (I) THIS ARTICLE;
(II) SUBSECTION (G) OF SECTION 922 OF TITLE  18  OF  THE  UNITED  STATES
CODE; OR (III) A TEMPORARY OR FINAL EXTREME RISK PROTECTION ORDER ISSUED
UNDER ARTICLE SIXTY-THREE-A OF THE CIVIL PRACTICE LAW AND RULES.
  §  3.  The penal law is amended by adding a new section 400.04 to read
as follows:
§ 400.04 SALE OR TRANSFER OF FIREARM, RIFLE, OR SHOTGUN COMPONENTS.
  1. NO COMMERCIAL TRANSFER OF A MAJOR COMPONENT OF A FIREARM, RIFLE, OR
SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, SHALL TAKE PLACE  UNLESS  A
DEALER  IN  FIREARMS THAT IS VALIDLY LICENSED PURSUANT TO SECTION 400.00
OF THIS ARTICLE OR SECTION 923 OF TITLE 18 OF THE  UNITED  STATES  CODE,
ACTS  AS  AN INTERMEDIARY BETWEEN THE TRANSFEROR AND THE ULTIMATE TRANS-

S. 7505                            20                            A. 9505

FEREE OF SUCH MAJOR COMPONENT OR  UNFINISHED  FRAME  OR  RECEIVER.  SUCH
TRANSFER  BETWEEN  THE DEALER AND TRANSFEREE MUST OCCUR IN PERSON. PRIOR
TO COMPLETING A TRANSFER PURSUANT TO THIS SECTION THE DEALER IN FIREARMS
MUST  VERIFY  THE  IDENTITY OF THE TRANSFEREE BY EXAMINING A VALID STATE
IDENTIFICATION DOCUMENT OF THE TRANSFEREE ISSUED BY  THE  DEPARTMENT  OF
MOTOR  VEHICLES OR, IF SUCH TRANSFEREE IS NOT A RESIDENT OF THE STATE OF
NEW YORK, A VALID IDENTIFICATION DOCUMENT ISSUED  BY  SUCH  TRANSFEREE'S
STATE  OR COUNTRY OF RESIDENCE CONTAINING A PHOTOGRAPH OF SUCH TRANSFER-
EE.
  2. EVERY DEALER IN FIREARMS SHALL KEEP A RECORD BOOK AND ENTER AT  THE
TIME OF EVERY TRANSACTION INVOLVING THE TRANSFER OF A MAJOR COMPONENT OF
A  FIREARM,  RIFLE,  OR SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, THE
DATE, NAME, AGE, AND RESIDENCE OF ANY PERSON TO WHOM SUCH  MAJOR  COMPO-
NENT OR UNFINISHED FRAME OR RECEIVER IS DELIVERED, AND, IN THE CASE OF A
RECEIVER  OR  A  FRAME OF A FIREARM, RIFLE, OR SHOTGUN, OR AN UNFINISHED
FRAME OR RECEIVER, THE SERIAL NUMBER ENGRAVED, CAST OR  STAMPED  THEREON
OR,  IF  NONE,  THE  SERIAL  NUMBER  ASSIGNED TO THE UNFINISHED FRAME OR
RECEIVER PURSUANT TO THIS SECTION.
  3. NO DEALER IN FIREARMS MAY COMPLETE  A  TRANSFER  PURSUANT  TO  THIS
SECTION  UNLESS  (I) THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR SHOT-
GUN, OR UNFINISHED FRAME OR RECEIVER, IS CONSPICUOUSLY  ENGRAVED,  CAST,
OR STAMPED WITH A UNIQUE SERIAL NUMBER, OR (II) IN THE CASE OF AN UNFIN-
ISHED  FRAME  OR  RECEIVER  THAT  LACKS SUCH A UNIQUE SERIAL NUMBER, THE
DEALER IN FIREARMS FIRST REQUESTS AND OBTAINS A UNIQUE SERIAL NUMBER FOR
EACH UNFINISHED FRAME OR RECEIVER PURSUANT TO SUBDIVISION FOUR  OF  THIS
SECTION AND PROVIDES THE UNIQUE SERIAL NUMBER ASSIGNED TO THE UNFINISHED
FRAME OR RECEIVER TO THE TRANSFEREE.
  4.  UPON THE REQUEST OF A DEALER IN FIREARMS MADE PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION, THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES
SHALL  ISSUE A UNIQUE SERIAL NUMBER FOR EACH UNFINISHED FRAME OR RECEIV-
ER, TRANSMIT THE SERIAL NUMBER TO THE REQUESTING DEALER, AND MAINTAIN  A
RECORD OF EACH SERIAL NUMBER ISSUED, THE DATE OF ISSUANCE, AND THE IDEN-
TITY OF THE REQUESTING DEALER.
  5.  EVERY  TRANSFEREE  TAKING  POSSESSION  OF  AN  UNFINISHED FRAME OR
RECEIVER SHALL ENSURE THAT THE UNIQUE SERIAL  NUMBER  ASSIGNED  TO  SUCH
UNFINISHED FRAME OR RECEIVER PURSUANT TO THIS SECTION IS PERMANENTLY AND
CONSPICUOUSLY  ENGRAVED,  CAST,  OR STAMPED UPON THE UNFINISHED FRAME OR
RECEIVER IN A MANNER THAT MEETS OR EXCEEDS THE REQUIREMENTS  IMPOSED  ON
LICENSED  IMPORTERS  AND  LICENSED MANUFACTURERS OF FIREARMS PURSUANT TO
SUBSECTION (I) OF SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE  AND
REGULATIONS  ISSUED  PURSUANT  THERETO,  WITHIN  THIRTY  DAYS  OF TAKING
POSSESSION OF SUCH UNFINISHED FRAME OR RECEIVER.
  6. ANY PERSON NOT A VALIDLY LICENSED DEALER IN  FIREARMS  PURSUANT  TO
SECTION  400.00 OF THIS ARTICLE OR SECTION 923 OF TITLE 18 OF THE UNITED
STATES CODE WHO VIOLATES SUBDIVISION ONE OR FIVE OF THIS  SECTION  SHALL
BE  GUILTY  OF  A  CLASS  D  FELONY. ANY DEALER IN FIREARMS WHO VIOLATES
SUBDIVISION THREE OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEA-
NOR AND ANY LICENSE OF SUCH DEALER ISSUED PURSUANT TO SECTION 400.00  OF
THIS  ARTICLE  SHALL  BE  REVOKED.  ANY  DEALER IN FIREARMS WHO VIOLATES
SUBDIVISION ONE OR TWO OF THIS SECTION, FOR A FIRST  OFFENSE,  SHALL  BE
GUILTY  OF  A  VIOLATION AND SUBJECT TO THE FINE OF ONE THOUSAND DOLLARS
AND FOR A SECOND OFFENSE, SHALL BE GUILTY OF A CLASS B  MISDEMEANOR  AND
ANY  LICENSE  OF  SUCH  DEALER ISSUED PURSUANT TO SECTION 400.00 OF THIS
ARTICLE SHALL BE REVOKED.
  § 4. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

S. 7505                            21                            A. 9505

                                 PART L

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

                                 PART M

  Section 1. This act shall be known and may be cited as the "safe homes
and families act".
  § 2. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 6 to read as follows:
  6. (A) A POLICE OFFICER WHO RESPONDS TO A REPORT OF A  FAMILY  OFFENSE
AS  DEFINED  IN SECTION 530.11 OF THIS CHAPTER AND SECTION EIGHT HUNDRED
TWELVE OF THE FAMILY COURT ACT MAY, IN THE INTEREST  OF  PUBLIC  SAFETY,
TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE, ELECTRONIC DART GUN, ELEC-

S. 7505                            22                            A. 9505

TRONIC  STUN  GUN,  DISGUISED  GUN,  IMITATION  WEAPON, SHOTGUN, ANTIQUE
FIREARM, BLACK POWDER RIFLE, BLACK  POWDER  SHOTGUN,  OR  MUZZLE-LOADING
FIREARM  THAT  IS  IN  PLAIN SIGHT OR IS DISCOVERED PURSUANT TO A LAWFUL
SEARCH,  AND  SHALL TAKE TEMPORARY CUSTODY OF ANY SUCH WEAPON THAT IS IN
THE POSSESSION OF ANY PERSON ARRESTED FOR THE COMMISSION OF SUCH  FAMILY
OFFENSE  OR SUSPECTED OF ITS COMMISSION. AN OFFICER WHO TAKES CUSTODY OF
ANY WEAPON PURSUANT TO THIS PARAGRAPH SHALL ALSO  TAKE  CUSTODY  OF  ANY
LICENSE  TO CARRY, POSSESS, REPAIR, AND DISPOSE OF SUCH WEAPON ISSUED TO
THE PERSON ARRESTED OR SUSPECTED OF SUCH  FAMILY  OFFENSE.  THE  OFFICER
SHALL DELIVER SUCH WEAPON AND/OR LICENSE TO THE APPROPRIATE LAW ENFORCE-
MENT  OFFICER AS PROVIDED IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDI-
VISION A OF SECTION 265.20 OF THE PENAL LAW.
  (B) UPON TAKING CUSTODY OF WEAPONS OR A LICENSE DESCRIBED IN PARAGRAPH
(A) OF THIS SUBDIVISION, THE RESPONDING OFFICER SHALL GIVE THE OWNER  OR
PERSON  IN  POSSESSION  OF  SUCH WEAPONS OR LICENSE A RECEIPT DESCRIBING
SUCH WEAPONS AND/OR LICENSE AND INDICATING ANY IDENTIFICATION OR  SERIAL
NUMBER  ON  SUCH  WEAPONS. SUCH RECEIPT SHALL INDICATE WHERE THE WEAPONS
AND/OR LICENSE CAN BE RECOVERED AND DESCRIBE THE  PROCESS  FOR  RECOVERY
PROVIDED IN PARAGRAPH (D) OF THIS SUBDIVISION.
  (C)  A  WEAPON  DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT IS
UTILIZED IN THE COMMISSION OF AN OFFENSE, THAT IS UNLAWFULLY  POSSESSED,
OR  THAT A COURT ORDERS TO BE SURRENDERED PURSUANT TO SUBDIVISION TWO OR
SUBDIVISION THREE OF SECTION EIGHT HUNDRED  FORTY-TWO-A  OF  THE  FAMILY
COURT ACT SHALL BE DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF
SECTION  400.05  OF  THE  PENAL LAW AND EITHER DISPOSED OF IN THE MANNER
DESCRIBED IN SUBDIVISION TWO OR  RETAINED  AS  PROVIDED  IN  SUBDIVISION
THREE OF SECTION 400.05 OF THE PENAL LAW.
  (D)  NOT  LESS  THAN  FORTY-EIGHT  HOURS AND NOT MORE THAN ONE HUNDRED
TWENTY HOURS OR, IN THE EVENT THAT  A SATURDAY, SUNDAY OR LEGAL  HOLIDAY
OCCURS DURING SUCH PERIOD, ONE HUNDRED FORTY-FOUR HOURS AFTER A  WEAPON,
OTHER  THAN  A WEAPON DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION, IS
TAKEN INTO TEMPORARY CUSTODY AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDI-
VISION, THE OWNER OR PERSON WHO WAS IN LAWFUL  POSSESSION OF SUCH WEAPON
SHALL HAVE THE RIGHT TO ARRANGE FOR THE SALE OR TRANSFER OF SUCH  WEAPON
TO  A DEALER, OR TO HIMSELF OR HERSELF, IN THE MANNER PROVIDED IN SUBDI-
VISION SIX OF SECTION 400.05 OF THE PENAL LAW.
  § 3. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7. (A) UPON INVESTIGATING A REPORT  OF  A  CRIME  OR  OFFENSE  BETWEEN
MEMBERS  OF  THE  SAME  FAMILY OR HOUSEHOLD AS SUCH TERMS ARE DEFINED IN
SECTION 530.11 OF THIS CHAPTER AND SECTION EIGHT HUNDRED TWELVE  OF  THE
FAMILY  COURT ACT, A LAW ENFORCEMENT OFFICER MAY, IN THE INTEREST OF THE
SAFETY OF MEMBERS OF THE SAME FAMILY OR HOUSEHOLD  OR  OTHER  PERSON  OR
PERSONS,  TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE OR SHOTGUN OR ANY
OTHER WEAPON THAT IS IN PLAIN SIGHT  OR  IS  DISCOVERED  PURSUANT  TO  A
LAWFUL SEARCH.
  (B)  UPON TAKING CUSTODY OF ANY FIREARM, RIFLE OR SHOTGUN OR ANY OTHER
WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE LAW  ENFORCE-
MENT  OFFICER SHALL PROVIDE THE OWNER OR ANY OTHER ADULT RESIDING ON THE
PREMISES WITH A RECEIPT DESCRIBING THE ITEMS TAKEN INTO TEMPORARY CUSTO-
DY AND SHALL PROVIDE INSTRUCTIONS FOR CLAIMING THE ITEMS.
  (C) A WEAPON DESCRIBED IN PARAGRAPH (A) OF THIS  SUBDIVISION  THAT  IS
USED IN THE COMMISSION OF AN OFFENSE OR IS UNLAWFULLY POSSESSED SHALL BE
DECLARED  A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF SECTION 400.05 OF
THE PENAL LAW AND EITHER DISPOSED OF IN THE MANNER DESCRIBED IN SUBDIVI-

S. 7505                            23                            A. 9505

SION TWO OR RETAINED AS PROVIDED IN SUBDIVISION THREE OF SECTION  400.05
OF THE PENAL LAW.
  (D)  A  FIREARM  OR OTHER WEAPON WHICH IS TAKEN INTO TEMPORARY CUSTODY
AND WHICH HAS NOT BEEN DECLARED A NUISANCE PURSUANT TO PARAGRAPH (C)  OF
THIS SUBDIVISION, SHALL BE RETAINED FOR A PERIOD NOT TO EXCEED ONE YEAR.
PRIOR TO THE EXPIRATION OF SUCH TIME PERIOD, THE OWNER OF THE ITEM SHALL
HAVE  THE  RIGHT TO RECLAIM THE ITEM OR ARRANGE FOR THE SALE OR TRANSFER
OF THE ITEM.  NOTHING IN THIS SUBDIVISION AUTHORIZES  THE  RETURN  OF  A
FIREARM, RIFLE OR SHOTGUN TO A PERSON WHO IS NOT AUTHORIZED TO POSSESS A
FIREARM, RIFLE OR SHOTGUN.
  §  4.  The section heading and paragraphs (a) and (b) of subdivision 1
of section 530.14 of the criminal procedure law, as amended  by  chapter
60  of the laws of 2018, are amended and a new paragraph (c) is added to
read as follows:
  Suspension and revocation of a license to carry,  possess,  repair  or
dispose of a firearm or firearms pursuant to section 400.00 of the penal
law  and  ineligibility for such a license; order to surrender FIREARMS;
ORDER TO SEIZE firearms.
  (a) the court shall suspend any such existing license possessed by the
defendant, order the defendant ineligible for such a license  and  order
the  immediate  surrender  of  any  or all firearms, rifles and shotguns
owned or possessed where the court receives information that  gives  the
court  good  cause  to  believe  that  (i)  the  defendant  has  a prior
conviction of any violent felony offense as defined in section 70.02  of
the  penal  law;  (ii)  the  defendant has previously been found to have
willfully failed to obey a prior order of protection  and  such  willful
failure  involved  (A)  the infliction of physical injury, as defined in
subdivision nine of section 10.00 of the  penal  law,  (B)  the  use  or
threatened use of a deadly weapon or dangerous instrument as those terms
are  defined in subdivisions twelve and thirteen of section 10.00 of the
penal law, or (C) behavior constituting any violent  felony  offense  as
defined  in section 70.02 of the penal law; or (iii) the defendant has a
prior conviction for stalking in the first degree as defined in  section
120.60  of  the  penal  law, stalking in the second degree as defined in
section 120.55 of the penal law, stalking in the third degree as defined
in section 120.50 of the penal law or stalking in the fourth  degree  as
defined in section 120.45 of such law; [and]
  (b)  the court shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
fully  against  the person or persons for whose protection the temporary
order of  protection  is  issued,  suspend  any  such  existing  license
possessed  by  the  defendant, order the defendant ineligible for such a
license and order the immediate surrender pursuant to  subparagraph  (f)
of  paragraph one of subdivision a of section 265.20 and subdivision six
of section 400.05 of the penal law, of any or all firearms,  rifles  and
shotguns owned or possessed[.]; AND
  (C)  THE  COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER
SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS  (A)  AND  (B)  OF
THIS  SUBDIVISION,  OR  FOR  OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM  THIS  ARTICLE  OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
  §  5. Paragraphs (a) and (b) of subdivision 2 of section 530.14 of the
criminal procedure law, as amended by chapter 60 of the  laws  of  2018,
are amended and a new paragraph (c) is added to read as follows:

S. 7505                            24                            A. 9505

  (a)  the court shall revoke any such existing license possessed by the
defendant, order the defendant ineligible for such a license  and  order
the  immediate  surrender  of  any  or all firearms, rifles and shotguns
owned or possessed where such action is required by  section  400.00  of
the penal law; [and]
  (b)  the court shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm, [rifles] RIFLE or [shot-
guns] SHOTGUN  unlawfully  against  the  person  or  persons  for  whose
protection the order of protection is issued, (i) revoke any such exist-
ing  license  possessed by the defendant, order the defendant ineligible
for such a license and order the  immediate  surrender  of  any  or  all
firearms,  rifles  and  shotguns  owned  or possessed or (ii) suspend or
continue to suspend any such existing license possessed by  the  defend-
ant,  order  the  defendant  ineligible for such a license and order the
immediate surrender pursuant to subparagraph (f)  of  paragraph  one  of
subdivision a of section 265.20 and subdivision six of section 400.05 of
the  penal  law,  of  any  or all firearms, rifles and shotguns owned or
possessed[.]; AND
  (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES  TO  SURRENDER
SUCH  FIREARM,  RIFLE  OR  SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE  SHOWN,  ORDER  THE  IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT  WITH  SUCH  RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
  § 6. Paragraphs (a) and (b) of subdivision 3 of section 530.14 of  the
criminal  procedure  law,  as amended by chapter 60 of the laws of 2018,
are amended and a new paragraph (c) is added to read as follows:
  (a) the court shall revoke any such existing license possessed by  the
defendant,  order  the defendant ineligible for such a license and order
the immediate surrender of any or  all  firearms,  rifles  and  shotguns
owned or possessed where the willful failure to obey such order involved
(i) the infliction of physical injury, as defined in subdivision nine of
section  10.00  of  the  penal  law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as  those  terms  are  defined  in
subdivisions  twelve  and  thirteen  of  section 10.00 of the penal law,
(iii) behavior constituting any violent felony  offense  as  defined  in
section  70.02  of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in  section  120.60  of  the  penal  law,
stalking  in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section  120.50  of  the
penal  law or stalking in the fourth degree as defined in section 120.45
of such law; [and]
  (b) the court shall where the court finds a substantial risk that  the
defendant  may use or threaten to use a firearm, rifle or shotgun unlaw-
fully against the person or persons for whose protection  the  order  of
protection was issued, (i) revoke any such existing license possessed by
the  defendant,  order  the  defendant ineligible for such a license and
order the immediate surrender pursuant to subparagraph (f) of  paragraph
one  of  subdivision  a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
owned  or  possessed or (ii) suspend any such existing license possessed
by the defendant, order the defendant ineligible for such a license  and
order  the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision  six  of  section
400.05  of  the  penal  law, of any or all firearms, rifles and shotguns
owned or possessed[.]; AND

S. 7505                            25                            A. 9505

  (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES  TO  SURRENDER
SUCH  FIREARM,  RIFLE  OR  SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE  SHOWN,  ORDER  THE  IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT  WITH  SUCH  RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
  § 7. Subdivisions 6 and 7 of section 530.14 of the criminal  procedure
law,  as  amended by chapter 60 of the laws of 2018, are amended to read
as follows:
  6. Notice. (a) Where an order requiring surrender, revocation, suspen-
sion, SEIZURE or ineligibility has been issued pursuant to this section,
any temporary order of protection or order of  protection  issued  shall
state  that  such  firearm license has been suspended or revoked or that
the defendant is ineligible for such license, as the case  may  be,  and
that  the  defendant is prohibited from possessing any firearm, rifle or
shotgun.
  (b) The court revoking or suspending the license, ordering the defend-
ant ineligible for such a license, or ordering the surrender OR  SEIZURE
of  any  firearm,  rifle  or  shotgun  shall immediately notify the duly
constituted police authorities of the locality  concerning  such  action
and,  in  the  case  of  orders  of  protection  and temporary orders of
protection issued pursuant to section  530.12  of  this  article,  shall
immediately notify the statewide registry of orders of protection.
  (c)  The  court  revoking  or  suspending  the license or ordering the
defendant ineligible for such a license shall give written notice there-
of without unnecessary delay to the division  of  state  police  at  its
office in the city of Albany.
  (d)  Where  an  order  of  revocation, suspension, ineligibility [or],
surrender OR SEIZURE is modified or vacated, the court shall immediately
notify the statewide registry of  orders  of  protection  and  the  duly
constituted  police  authorities  of the locality concerning such action
and shall give written notice thereof without unnecessary delay  to  the
division of state police at its office in the city of Albany.
  7. Hearing. The defendant shall have the right to a hearing before the
court  regarding any revocation, suspension, ineligibility [or], surren-
der OR SEIZURE order issued pursuant  to  this  section,  provided  that
nothing  in  this  subdivision shall preclude the court from issuing any
such order prior to a hearing. Where the court has issued such an  order
prior  to a hearing, it shall commence such hearing within fourteen days
of the date such order was issued.
  § 8. The section heading and paragraphs (a) and (b) of  subdivision  1
of  section  842-a  of the family court act, as amended by chapter 60 of
the laws of 2018, are amended and a new paragraph (c) is added  to  read
as follows:
  Suspension  and  revocation  of a license to carry, possess, repair or
dispose of a firearm or firearms pursuant to section 400.00 of the penal
law and ineligibility for such a license; order to  surrender  firearms;
ORDER TO SEIZE FIREARMS.
  (a) the court shall suspend any such existing license possessed by the
respondent,  order  the  respondent  ineligible  for such a license, and
order the immediate surrender pursuant to subparagraph (f) of  paragraph
one  of  subdivision  a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
owned  or  possessed where the court receives information that gives the
court good cause to  believe  that:  (i)  the  respondent  has  a  prior
conviction  of any violent felony offense as defined in section 70.02 of

S. 7505                            26                            A. 9505

the penal law; (ii) the respondent has previously  been  found  to  have
willfully  failed  to  obey a prior order of protection and such willful
failure involved (A) the infliction of physical injury,  as  defined  in
subdivision  nine  of  section  10.00  of  the penal law, (B) the use or
threatened use of a deadly weapon or dangerous instrument as those terms
are defined in subdivisions twelve and thirteen of section 10.00 of  the
penal  law,  or  (C) behavior constituting any violent felony offense as
defined in section 70.02 of the penal law; or (iii) the respondent has a
prior conviction for stalking in the first degree as defined in  section
120.60  of  the  penal  law, stalking in the second degree as defined in
section 120.55 of the penal law, stalking in the third degree as defined
in section 120.50 of the penal law or stalking in the fourth  degree  as
defined in section 120.45 of such law; [and]
  (b)  the court shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
fully against the person or persons for whose protection  the  temporary
order  of  protection  is  issued,  suspend  any  such  existing license
possessed by the respondent, order the respondent ineligible for such  a
license,  and order the immediate surrender pursuant to subparagraph (f)
of paragraph one of subdivision a of section 265.20 and subdivision  six
of  section  400.05 of the penal law, of any or all firearms, rifles and
shotguns owned or possessed[.]; AND
  (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES  TO  SURRENDER
SUCH  FIREARM,  RIFLE  OR  SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE  SHOWN,  ORDER  THE  IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT  WITH  SUCH  RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
  § 9. Paragraphs (a) and (b) of subdivision 2 of section 842-a  of  the
family  court  act,  as  amended  by chapter 60 of the laws of 2018, are
amended and a new paragraph (c) is added to read as follows:
  (a) the court shall revoke any such existing license possessed by  the
respondent,  order  the  respondent  ineligible  for such a license, and
order the immediate surrender pursuant to subparagraph (f) of  paragraph
one  of  subdivision  a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
owned or possessed where the court finds that the conduct which resulted
in  the  issuance of the order of protection involved (i) the infliction
of physical injury, as defined in subdivision nine of section  10.00  of
the  penal  law,  (ii)  the  use or threatened use of a deadly weapon or
dangerous instrument as those terms are defined in  subdivisions  twelve
and  thirteen  of  section  10.00  of  the  penal law, or (iii) behavior
constituting any violent felony offense as defined in section  70.02  of
the penal law; [and]
  (b) the court shall, where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
fully  against  the  person or persons for whose protection the order of
protection is issued, (i) revoke any such existing license possessed  by
the  respondent,  order the respondent ineligible for such a license and
order the immediate surrender pursuant to subparagraph (f) of  paragraph
one  of  subdivision  a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
owned  or  possessed  or  (ii)  suspend  or continue to suspend any such
existing license possessed by the respondent, order the respondent inel-
igible for such a license, and order the immediate surrender pursuant to
subparagraph (f) of paragraph one of subdivision a of section 265.20 and

S. 7505                            27                            A. 9505

subdivision six of section 400.05 of  the  penal  law,  of  any  or  all
firearms, rifles and shotguns owned or possessed[.]; AND
  (C)  THE  COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER
SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS  (A)  AND  (B)  OF
THIS  SUBDIVISION,  OR  FOR  OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM  THIS  ARTICLE  OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
  §  10. Paragraphs (a) and (b) of subdivision 3 of section 842-a of the
family court act, as amended by chapter 60 of  the  laws  of  2018,  are
amended and a new paragraph (c) is added to read as follows:
  (a)  the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision  six  of  section
400.05  of  the  penal  law, of any or all firearms, rifles and shotguns
owned or possessed where the willful failure to obey such order involves
(i) the infliction of physical injury, as defined in subdivision nine of
section 10.00 of the penal law, (ii) the use  or  threatened  use  of  a
deadly  weapon  or  dangerous  instrument  as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
(iii)  behavior  constituting  any  violent felony offense as defined in
section 70.02 of the penal law; or (iv) behavior  constituting  stalking
in  the  first  degree  as  defined  in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the  penal
law,  stalking  in  the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section  120.45
of such law; [and]
  (b)  the court shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
fully against the person or persons for whose protection  the  order  of
protection was issued, (i) revoke any such existing license possessed by
the  respondent,  order  the  respondent  ineligible for such a license,
whether or not the respondent possesses such a license,  and  order  the
immediate  surrender  pursuant  to  subparagraph (f) of paragraph one of
subdivision a of section 265.20 and subdivision six of section 400.05 of
the penal law, of any or all firearms,  rifles  and  shotguns  owned  or
possessed  or  (ii)  suspend  any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the  immediate surrender of any or all firearms, rifles and shot-
guns owned or possessed[.]; AND
  (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES  TO  SURRENDER
SUCH  FIREARM,  RIFLE  OR  SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE  SHOWN,  ORDER  THE  IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT  WITH  SUCH  RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
  § 11. Subdivisions 6 and 7 of section 842-a of the family  court  act,
as  amended  by  chapter  60 of the laws of 2018, are amended to read as
follows:
  6. Notice. (a) Where an order requiring surrender, revocation, suspen-
sion, SEIZURE or ineligibility has been issued pursuant to this section,
any temporary order of protection or order of  protection  issued  shall
state  that  such  firearm license has been suspended or revoked or that
the respondent is ineligible for such license, as the case may  be,  and

S. 7505                            28                            A. 9505

that the defendant is prohibited from possessing any firearms, rifles or
shotguns.
  (b)  The  court  revoking  or  suspending  the  license,  ordering the
respondent ineligible for such license, or  ordering  the  surrender  OR
SEIZURE  of any firearm, rifles or shotguns shall immediately notify the
statewide registry of orders of  protection  and  the  duly  constituted
police authorities of the locality of such action.
  (c)  The  court  revoking  or  suspending  the license or ordering the
defendant ineligible for such license shall give written notice  thereof
without  unnecessary delay to the division of state police at its office
in the city of Albany.
  (d) Where an order  of  revocation,  suspension,  ineligibility,  [or]
surrender, OR SEIZURE is modified or vacated, the court shall immediate-
ly  notify  the  statewide registry of orders of protection and the duly
constituted police authorities of the locality  concerning  such  action
and  shall  give written notice thereof without unnecessary delay to the
division of state police at its office in the city of Albany.
  7. Hearing. The respondent shall have the right to  a  hearing  before
the  court  regarding  any  revocation,  suspension, ineligibility [or],
surrender OR SEIZURE order issued pursuant  to  this  section,  provided
that  nothing  in this subdivision shall preclude the court from issuing
any such order prior to a hearing. Where the court has  issued  such  an
order prior to a hearing, it shall commence such hearing within fourteen
days of the date such order was issued.
  §  12.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law.

                                 PART N

  Section 1. Subdivision 17 of section 265.00 of the penal law, as added
by chapter 1041 of the laws of 1974, paragraph (a) as amended by chapter
264 of the laws of 2003, paragraph (b) as separately amended by sections
2 and 3 of chapter 232 of the laws of 2010, and paragraph (c)  as  added
by chapter 60 of the laws of 2018, is amended to read as follows:
  17. "Serious offense" means (a) [any of the following offenses defined
in  the  former  penal  law  as in force and effect immediately prior to
September first, nineteen hundred sixty-seven: illegally using, carrying
or possessing a pistol or other dangerous weapon; making  or  possessing
burglar's  instruments;  buying  or  receiving stolen property; unlawful
entry of a building; aiding escape from prison; that kind of  disorderly
conduct  defined  in subdivisions six and eight of section seven hundred
twenty-two of such former penal law; violations of sections four hundred
eighty-three, four hundred eighty-three-b,  four  hundred  eighty-four-h
and article one hundred six of such former penal law; that kind of crim-
inal sexual act or rape which was designated as a misdemeanor; violation
of  section seventeen hundred forty-seven-d and seventeen hundred forty-
seven-e of such former penal law; any  violation  of  any  provision  of
article thirty-three of the public health law relating to narcotic drugs
which  was  defined as a misdemeanor by section seventeen hundred fifty-
one-a of such former penal law, and any violation of  any  provision  of
article  thirty-three-A  of the public health law relating to depressant
and stimulant drugs which was defined as a misdemeanor by section seven-
teen hundred forty-seven-b of such former penal law.
  (b)] any of the following offenses defined in the  CURRENT  penal  law
AND  ANY  OFFENSE  IN  ANY  JURISDICTION  OR  THE  FORMER PENAL LAW THAT
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOLLOWING OFFENSES:

S. 7505                            29                            A. 9505

illegally using, carrying or possessing  a  pistol  or  other  dangerous
weapon;  possession  of  burglar's  tools; criminal possession of stolen
property in the third degree; escape  in  the  third  degree;  jostling;
fraudulent  accosting; endangering the welfare of a child; [the offenses
defined in article two hundred  thirty-five;]  OBSCENITY  IN  THE  THIRD
DEGREE;  issuing abortional articles; permitting prostitution; promoting
prostitution in the third degree; stalking in the fourth degree;  stalk-
ing  in  the  third degree; [the offenses defined in article one hundred
thirty; the offenses defined  in  article  two  hundred  twenty]  SEXUAL
MISCONDUCT;  FORCIBLE TOUCHING; SEXUAL ABUSE IN THE THIRD DEGREE; SEXUAL
ABUSE  IN  THE  SECOND  DEGREE;  CRIMINAL  POSSESSION  OF  A  CONTROLLED
SUBSTANCE  IN  THE  SEVENTH  DEGREE;  CRIMINALLY POSSESSING A HYPODERMIC
INSTRUMENT; CRIMINALLY USING DRUG PARAPHERNALIA IN  THE  SECOND  DEGREE;
CRIMINAL  POSSESSION  OF  METHAMPHETAMINE  MANUFACTURING MATERIAL IN THE
SECOND DEGREE.
  [(b) any of the following offenses defined in the penal law: illegally
using, carrying or  possessing  a  pistol  or  other  dangerous  weapon;
possession of burglar's tools; criminal possession of stolen property in
the  third  degree;  escape  in  the  third degree; jostling; fraudulent
accosting; endangering the welfare of a child; the offenses  defined  in
article two hundred thirty-five; issuing abortional articles; permitting
prostitution;  promoting  prostitution  in the third degree; stalking in
the third degree; stalking in the fourth degree; the offenses defined in
article one hundred thirty; the offenses defined in article two  hundred
twenty.
  (c)]  (B)  any  of the following offenses DEFINED IN THE CURRENT PENAL
LAW AND ANY OFFENSE IN ANY JURISDICTION OR IN THE FORMER PENAL LAW  THAT
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOLLOWING OFFENSES,
where  the defendant and the person against whom the offense was commit-
ted were members of the same family or household as defined in  subdivi-
sion  one of section 530.11 of the criminal procedure law [and as estab-
lished pursuant to  section  370.15  of  the  criminal  procedure  law]:
assault  in  the third degree; menacing in the third degree; menacing in
the second degree; criminal obstruction of  breathing  or  blood  circu-
lation;  unlawful  imprisonment  in  the  second degree; coercion in the
third degree; criminal tampering in the third degree; criminal  contempt
in the second degree; harassment in the first degree; aggravated harass-
ment in the second degree; criminal trespass in the third degree; crimi-
nal trespass in the second degree; arson in the fifth degree; or attempt
to commit any of the above-listed offenses.
  (C) ANY MISDEMEANOR OFFENSE IN ANY JURISDICTION OR IN THE FORMER PENAL
LAW  THAT  INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF A FELONY OFFENSE AS
DEFINED IN THE CURRENT PENAL LAW.
  § 2. Section 400.00 of the penal law is amended by adding a new subdi-
vision 1-a to read as follows:
  1-A. FOR PURPOSES OF SUBDIVISION ONE OF THIS SECTION, SERIOUS  OFFENSE
SHALL  INCLUDE  AN  OFFENSE  IN ANY JURISDICTION OR THE FORMER PENAL LAW
THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS  OF  A  SERIOUS  OFFENSE  AS
DEFINED  BY  SUBDIVISION  SEVENTEEN  OF  SECTION 265.00 OF THIS CHAPTER.
NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE DENIAL OF A LICENSE BASED
ON THE COMMISSION OF, ARREST FOR OR CONVICTION  OF  AN  OFFENSE  IN  ANY
OTHER  JURISDICTION WHICH DOES NOT INCLUDE ALL OF THE ESSENTIAL ELEMENTS
OF A SERIOUS OFFENSE.
  § 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

S. 7505                            30                            A. 9505

                                 PART O

  Section  1.  Subdivisions 4 and 5 of section 230 of the executive law,
as added by chapter 189 of the laws of 2000, are amended and  three  new
subdivisions 6, 7, and 8 are added to read as follows:
  4.  The superintendent of the division of state police shall establish
and maintain within the division  a  criminal  gun  clearinghouse  as  a
central  repository of information regarding all guns seized, forfeited,
found or otherwise coming into the possession of any state or local  law
enforcement  agency  which are believed to have been used in the commis-
sion of a crime. The superintendent of  the  division  of  state  police
shall  adopt and promulgate regulations prescribing reporting procedures
for such state or local law enforcement agencies, including the form for
reporting such information. In addition to any other  information  which
the superintendent of the division of state police may require, the form
shall  require (a) the serial number or other identifying information on
the gun, if available and (b) a brief description of  the  circumstances
under  which  the  gun  came  into the possession of the law enforcement
agency, including the crime which was or may have  been  committed  with
the  gun.  WHENEVER  A  STATE  OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR
RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED,  RECOVERED  FROM  A  CRIME
SCENE, OR IS REASONABLY BELIEVED TO HAVE BEEN USED IN OR ASSOCIATED WITH
THE  COMMISSION OF A CRIME, OR IS OTHERWISE RECOVERED AS AN ABANDONED OR
DISCARDED GUN, THE AGENCY SHALL REPORT SUCH SEIZED OR RECOVERED  GUN  TO
THE  CRIMINAL  GUN  CLEARINGHOUSE AS SOON AS PRACTICABLE, BUT IN NO CASE
MORE THAN TWENTY-FOUR HOURS AFTER THE AGENCY  HAS  TAKEN  POSSESSION  OF
SUCH  GUN.  EVERY  REPORT  MADE  TO  THE CRIMINAL GUN CLEARINGHOUSE WILL
RESULT IN THE PROMPT SUBMISSION OF A REQUEST  TO  THE  NATIONAL  TRACING
CENTER  OF  THE  BUREAU  OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO
TRACE  THE MOVEMENT OF THE SUBJECT GUN AND SUCH FEDERAL AGENCY  WILL  BE
REQUESTED  TO  PROVIDE THE RESULTS OF SUCH A TRACE TO THE SUPERINTENDENT
OF THE DIVISION OF STATE POLICE AND TO THE LAW ENFORCEMENT  AGENCY  THAT
SUBMITTED THE CLEARINGHOUSE REPORT.
  5. [In any case where a state or local law enforcement agency investi-
gates  the  commission  of  a  crime in this state and a specific gun is
known to have been used in  such  crime,  such  agency  shall  submit  a
request  to  the national tracing center of the United States Department
of Treasury, bureau of alcohol, tobacco and firearms to trace the  move-
ment  of  such gun and such federal agency shall be requested to provide
the superintendent of the division of state police  and  the  local  law
enforcement  agency  with  the results of such a trace. This subdivision
shall not apply where the source of a gun is already known  to  a  local
law  enforcement  agency.]  ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES
SHALL PARTICIPATE IN  THE  BUREAU  OF  ALCOHOL,  TOBACCO,  FIREARMS  AND
EXPLOSIVES  COLLECTIVE  DATA  SHARING PROGRAM FOR THE PURPOSE OF SHARING
GUN TRACE REPORTS AMONG ALL LAW ENFORCEMENT AGENCIES IN THE STATE  ON  A
RECIPROCAL BASIS.
  6.  (A)  WHENEVER  A  STATE  OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR
RECOVERS A GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM  THE  SCENE
OF  A  CRIME,  OR IS REASONABLY BELIEVED TO HAVE BEEN USED OR ASSOCIATED
WITH THE COMMISSION OF A CRIME, OR IS RECOVERED  BY  THE  AGENCY  AS  AN
ABANDONED  OR DISCARDED GUN, THE AGENCY SHALL ARRANGE FOR EVERY SUCH GUN
THAT IS DETERMINED TO BE SUITABLE FOR TEST-FIRING AND OF A TYPE THAT  IS
ELIGIBLE  FOR  NATIONAL  INTEGRATED  BALLISTIC  INFORMATION NETWORK DATA
ENTRY AND CORRELATION TO BE TEST-FIRED AS SOON AS PRACTICABLE,  AND  THE
RESULTS OF THAT TEST-FIRING SHALL BE SUBMITTED FORTHWITH TO THE NATIONAL

S. 7505                            31                            A. 9505

INTEGRATED BALLISTIC INFORMATION NETWORK TO DETERMINE WHETHER THE GUN IS
ASSOCIATED  OR  RELATED  TO  A  CRIME, CRIMINAL EVENT, OR ANY INDIVIDUAL
ASSOCIATED OR RELATED  TO  A  CRIME  OR  CRIMINAL  EVENT  OR  REASONABLY
BELIEVED TO BE ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT.
  (B)  WHENEVER  A  STATE  OR  LOCAL LAW ENFORCEMENT AGENCY RECOVERS ANY
AMMUNITION CARTRIDGE CASE THAT  IS  OF  A  TYPE  THAT  IS  ELIGIBLE  FOR
NATIONAL  INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND CORRE-
LATION AT A CRIME SCENE, OR HAS REASON TO BELIEVE  THAT  SUCH  RECOVERED
AMMUNITION  CARTRIDGE  CASE IS RELATED TO OR ASSOCIATED WITH THE COMMIS-
SION OF A CRIME OR THE UNLAWFUL DISCHARGE OF A GUN, THE AGENCY SHALL, AS
SOON AS PRACTICABLE,  ARRANGE  FOR  THE  BALLISTICS  INFORMATION  TO  BE
SUBMITTED TO THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK.
  7. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS
ANY  GUN,  THE AGENCY SHALL PROMPTLY ENTER THE MAKE, MODEL, CALIBER, AND
SERIAL NUMBER OF THE GUN INTO  THE  NATIONAL  CRIME  INFORMATION  CENTER
(NCIC) SYSTEM TO DETERMINE WHETHER THE GUN WAS REPORTED STOLEN.
  8.  THE  SUPERINTENDENT  MAY ADOPT RULES AND REGULATIONS TO EFFECTUATE
THE PROVISIONS OF THIS SECTION.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART P

  Section 1. Paragraph 13 of subdivision (c) of  section  33.13  of  the
mental  hygiene  law,  as  amended  by  chapter 491 of the laws of 2008,
subparagraph (ii) as amended by chapter 37  of  the  laws  of  2011,  is
amended to read as follows:
  13.  to  the  state division of criminal justice services for the sole
purposes of:
  (i) providing, facilitating, evaluating  or  auditing  access  by  the
commissioner  of  mental health to criminal history information pursuant
to subdivision (i) of section 7.09 of this chapter; or
  (ii)  providing  information  to  the  criminal  justice   information
services  division of the federal bureau of investigation by the commis-
sioner of mental health or the commissioner of  developmental  disabili-
ties,  for the purposes of responding to queries to the national instant
criminal background check  system  regarding  attempts  to  purchase  or
otherwise  take  possession  of  firearms, in accordance with applicable
federal laws or regulations[.]; OR
  (III) PROVIDING INFORMATION TO  LAW  ENFORCEMENT  ENTITIES  IN  STATES
OTHER  THAN  NEW YORK FOR THE SOLE PURPOSE OF DETERMINING ELIGIBILITY TO
PURCHASE, POSSESS, OR CARRY A FIREARM, PROVIDED THAT THE LAW ENFORCEMENT
ENTITY OBTAINS AND PROVIDES A CONFIDENTIALITY WAIVER TO THE DIVISION  OF
CRIMINAL JUSTICE SERVICES, WHERE LEGALLY NECESSARY.
  §  2.  Paragraph  15 of subdivision (c) of section 33.13 of the mental
hygiene law, as added by chapter 1 of the laws of 2013,  is  amended  to
read as follows:
  15.  to  the  division  of  criminal justice services, names and other
non-clinical identifying information for the sole [purpose] PURPOSES of:
  (I) implementing the  division's  responsibilities  and  duties  under
sections 400.00 and 400.02 of the penal law[.]; OR
  (II) PROVIDING INFORMATION TO LAW ENFORCEMENT ENTITIES IN STATES OTHER
THAN  NEW  YORK  FOR  THE  SOLE  PURPOSE  OF  DETERMINING ELIGIBILITY TO
PURCHASE, POSSESS, OR CARRY A FIREARM, PROVIDED THAT THE LAW ENFORCEMENT
ENTITY OBTAINS AND PROVIDES A CONFIDENTIALITY WAIVER TO THE DIVISION  OF
CRIMINAL JUSTICE SERVICES, WHERE LEGALLY NECESSARY.

S. 7505                            32                            A. 9505

  § 3. This act shall take effect immediately.

                                 PART Q

  Section 1.  The penal law is amended by adding a new section 120.65 to
read as follows:
§ 120.65 DOMESTIC VIOLENCE.
  A PERSON IS GUILTY OF DOMESTIC VIOLENCE WHEN HE OR SHE:
  1.  COMMITS  A SERIOUS OFFENSE AS DEFINED IN PARAGRAPH (C) OF SUBDIVI-
SION SEVENTEEN OF SECTION 265.00 OF THIS CHAPTER AND THE PERSON  AGAINST
WHOM  THE  OFFENSE IS COMMITTED IS A MEMBER OF THE SAME FAMILY OR HOUSE-
HOLD AS DEFINED IN SUBDIVISION ONE OF SECTION  530.11  OF  THE  CRIMINAL
PROCEDURE LAW; OR
  2.  COMMITS  THE  CRIME  OF  ASSAULT IN THE THIRD DEGREE AS DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 120.00 OF THIS ARTICLE, OR  CRIMINAL
OBSTRUCTION  OF  BREATHING  OR  BLOOD  CIRCULATION AS DEFINED IN SECTION
121.11 OF THIS TITLE, FORCIBLE TOUCHING AS DEFINED IN SECTION 130.52  OF
THIS  TITLE,  OR SEXUAL ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTION
130.60 OF THIS TITLE, OR SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED  IN
SECTION  130.55  OF  THIS  TITLE, OR UNLAWFUL IMPRISONMENT IN THE SECOND
DEGREE AS DEFINED IN SECTION 135.05 OF THIS TITLE AND THE PERSON AGAINST
WHOM THE OFFENSE IS COMMITTED IS A CURRENT OR FORMER SPOUSE, PARENT,  OR
GUARDIAN  OF THE VICTIM, A PERSON WITH WHOM THE VICTIM SHARES A CHILD IN
COMMON, A PERSON WHO IS COHABITING WITH OR HAS COHABITED WITH THE VICTIM
AS A SPOUSE, PARENT, OR GUARDIAN, OR A PERSON SIMILARLY  SITUATED  TO  A
SPOUSE, PARENT, OR GUARDIAN OF THE VICTIM.
  DOMESTIC VIOLENCE IS A CLASS A MISDEMEANOR.
  §  2.  Paragraph  (c) of subdivision 17 of section 265.00 of the penal
law, as added by chapter 60 of the laws of 2018, is amended to  read  as
follows:
  (c)  any of the following offenses, where the defendant and the person
against whom the offense was committed were members of the  same  family
or  household  as  defined  in  subdivision one of section 530.11 of the
criminal procedure law [and as established pursuant to section 370.15 of
the criminal procedure law]: assault in the third  degree;  menacing  in
the third degree; menacing in the second degree; criminal obstruction of
breathing  or  blood  circulation;  unlawful  imprisonment in the second
degree; coercion in the third degree; criminal tampering  in  the  third
degree;  criminal contempt in the second degree; harassment in the first
degree; aggravated harassment in the second degree; criminal trespass in
the third degree; criminal trespass in the second degree; arson  in  the
fifth degree; or attempt to commit any of the above-listed offenses.
  § 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                 PART R

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York Hate Crime Anti-Terrorism Act".
  § 2. The opening paragraph of section 485.00  of  the  penal  law,  as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
  The legislature finds and determines as follows: criminal acts involv-
ing  violence,  intimidation and destruction of property based upon bias
and prejudice have become more prevalent in New  York  state  in  recent
years.    The  intolerable  truth  is that in these crimes, commonly and
justly referred to as "hate crimes", victims are intentionally selected,

S. 7505                            33                            A. 9505

in whole or in part, because of  their  race,  color,  national  origin,
ancestry,  gender,  gender  identity  or expression, religion, religious
practice, age, disability or sexual orientation.  Hate  crimes  do  more
than  threaten  the  safety and welfare of all citizens. They inflict on
victims incalculable physical and emotional damage and tear at the  very
fabric  of  free  society.  Crimes  motivated by invidious hatred toward
particular groups not only harm individual victims but send  a  powerful
message of intolerance and discrimination to all members of the group to
which  the victim belongs. Hate crimes can and do intimidate and disrupt
entire communities and vitiate the civility that is essential to healthy
democratic processes.  In  a  democratic  society,  citizens  cannot  be
required  to  approve  of  the beliefs and practices of others, but must
never commit criminal acts on account of them.   [Current law]  HOWEVER,
THESE CRIMINAL ACTS DO OCCUR AND ARE OCCURRING MORE AND MORE FREQUENTLY.
QUITE  OFTEN,  THESE  CRIMES OF HATE ARE ALSO ACTS OF TERROR. THE RECENT
ATTACKS IN MONSEY, NEW YORK AS WELL AS THE SHOOTINGS IN EL PASO,  TEXAS;
PITTSBURGH,  PENNSYLVANIA;  SUTHERLAND SPRINGS, TEXAS; ORLANDO, FLORIDA;
AND CHARLESTON, SOUTH CAROLINA ILLUSTRATE THAT MASS KILLINGS  ARE  OFTEN
APOLITICAL,  MOTIVATED  BY THE HATRED OF A SPECIFIC GROUP COUPLED WITH A
DESIRE TO INFLICT MASS CASUALTIES. THE CURRENT LAW EMPHASIZES THE  POLI-
TICAL  MOTIVATION  OF  AN  ACT OVER ITS CATASTROPHIC EFFECT AND does not
adequately recognize the harm to public order and individual safety that
hate crimes cause. Therefore, our laws must be strengthened  to  provide
clear  recognition  of  the  gravity  of  hate crimes and the compelling
importance of preventing their recurrence.
  § 3. Subdivision 3 of section 485.05 of the penal law, as  amended  by
section  9  of  part NN of chapter 55 of the laws of 2018, is amended to
read as follows:
  3. A "specified offense" is an offense defined by any of the following
provisions of  this  chapter:  section  120.00  (assault  in  the  third
degree);  section  120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old);  section  120.13  (menacing  in  the
first  degree);  section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20  (reckless  endan-
germent  in the second degree); section 120.25 (reckless endangerment in
the first degree); section 121.12 (strangulation in the second  degree);
section  121.13  (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the  first  degree);  section
125.25  (murder  in  the second degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third  degree);  section
120.55  (stalking in the second degree); section 120.60 (stalking in the
first degree); subdivision one of section  130.35  (rape  in  the  first
degree);  subdivision  one of section 130.50 (criminal sexual act in the
first degree); subdivision one of section 130.65 (sexual  abuse  in  the
first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
(aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
vision  one  of  section  130.70  (aggravated  sexual abuse in the first
degree); section 135.05 (unlawful imprisonment in  the  second  degree);
section  135.10  (unlawful  imprisonment  in  the first degree); section
135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
the  first  degree);  section  135.60  (coercion  in  the third degree);
section 135.61 (coercion in the second degree); section 135.65 (coercion
in the first degree); section 140.10 (criminal  trespass  in  the  third
degree);  section  140.15  (criminal  trespass  in  the  second degree);

S. 7505                            34                            A. 9505

section 140.17 (criminal trespass in the first degree);  section  140.20
(burglary  in  the third degree); section 140.25 (burglary in the second
degree); section 140.30 (burglary in the first degree);  section  145.00
(criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
mischief in the third degree); section 145.10 (criminal mischief in  the
second  degree); section 145.12 (criminal mischief in the first degree);
section 150.05 (arson in the fourth degree); section  150.10  (arson  in
the  third degree); section 150.15 (arson in the second degree); section
150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
section  155.30  (grand  larceny  in  the fourth degree); section 155.35
(grand larceny in the third degree); section 155.40  (grand  larceny  in
the  second degree); section 155.42 (grand larceny in the first degree);
section 160.05 (robbery in the third degree); section 160.10 (robbery in
the second degree);  section  160.15  (robbery  in  the  first  degree);
section 240.25 (harassment in the first degree); subdivision one, two or
four  of  section  240.30  (aggravated harassment in the second degree);
SECTION 490.10 (SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF  TERRORISM
IN  THE  SECOND DEGREE); SECTION 490.15 (SOLICITING OR PROVIDING SUPPORT
FOR AN ACT OF TERRORISM IN THE FIRST DEGREE); SECTION 490.20  (MAKING  A
TERRORISTIC THREAT); SECTION 490.25 (CRIME OF TERRORISM); SECTION 490.30
(HINDERING  PROSECUTION  OF  TERRORISM  IN  THE  SECOND DEGREE); SECTION
490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); SECTION
490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN
THE THIRD DEGREE); SECTION 490.40 (CRIMINAL  POSSESSION  OF  A  CHEMICAL
WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.45 (CRIM-
INAL  POSSESSION  OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST
DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
WEAPON IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A  CHEMICAL
WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.55 (CRIM-
INAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);
or any attempt or conspiracy to commit any of the foregoing offenses.
  §  4.  The  penal law is amended by adding two new sections 490.27 and
490.28 to read as follows:
§ 490.27 DOMESTIC ACT OF TERRORISM  MOTIVATED  BY  HATE  IN  THE  SECOND
           DEGREE.
  A PERSON IS GUILTY OF THE CRIME OF DOMESTIC ACT OF TERRORISM MOTIVATED
BY  HATE  IN THE SECOND DEGREE WHEN, ACTING WITH THE INTENT TO CAUSE THE
DEATH OF, OR SERIOUS PHYSICAL INJURY TO, FIVE OR MORE OTHER PERSONS,  IN
WHOLE  OR  IN  SUBSTANTIAL  PART  BECAUSE  OF THE PERCEIVED RACE, COLOR,
NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION,  RELI-
GION, RELIGIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION OF SUCH
OTHER  PERSONS,  REGARDLESS  OF  WHETHER  THAT  BELIEF  OR PERCEPTION IS
CORRECT, HE OR SHE, AS PART OF THE SAME CRIMINAL  TRANSACTION,  ATTEMPTS
TO  CAUSE THE DEATH OF, OR SERIOUS PHYSICAL INJURY TO, SUCH FIVE OR MORE
PERSONS, PROVIDED THAT THE VICTIMS ARE NOT PARTICIPANTS IN THE  CRIMINAL
TRANSACTION.
  DOMESTIC  ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE IS A
CLASS A-I FELONY.
§ 490.28 DOMESTIC ACT OF  TERRORISM  MOTIVATED  BY  HATE  IN  THE  FIRST
           DEGREE.
  A PERSON IS GUILTY OF THE CRIME OF DOMESTIC ACT OF TERRORISM MOTIVATED
BY  HATE  IN  THE FIRST DEGREE WHEN, ACTING WITH THE INTENT TO CAUSE THE
DEATH OF, OR SERIOUS PHYSICAL INJURY TO, FIVE OR MORE OTHER PERSONS,  IN
WHOLE  OR  IN  SUBSTANTIAL  PART  BECAUSE  OF THE PERCEIVED RACE, COLOR,
NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION,  RELI-
GION, RELIGIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION OF SUCH

S. 7505                            35                            A. 9505

OTHER PERSON OR PERSONS, REGARDLESS OF WHETHER THAT BELIEF OR PERCEPTION
IS CORRECT, HE OR SHE, AS PART OF THE SAME CRIMINAL TRANSACTION:
  1.  CAUSES  THE  DEATH OF AT LEAST ONE OTHER PERSON, PROVIDED THAT THE
VICTIM OR VICTIMS ARE NOT A PARTICIPANT IN THE CRIMINAL TRANSACTION; AND
  2. CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF FOUR  OR  MORE  ADDITIONAL
OTHER  PERSONS,  PROVIDED  THAT THE VICTIMS ARE NOT A PARTICIPANT IN THE
CRIMINAL TRANSACTION; AND
  3. THE DEFENDANT WAS MORE THAN EIGHTEEN YEARS OLD AT THE TIME  OF  THE
COMMISSION OF THE CRIME.
  DOMESTIC  ACT  OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE IS A
CLASS A-I FELONY.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS CONVICTED
OF DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE,  THE
SENTENCE SHALL BE LIFE IMPRISONMENT WITHOUT PAROLE.
  §  5. Paragraph (q) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by section 3 of part A of  chapter  1  of  the
laws of 2004, is amended to read as follows:
  (q)  Soliciting  or  providing  support for an act of terrorism in the
second degree as defined in section 490.10 of the penal law,  soliciting
or  providing  support  for  an  act of terrorism in the first degree as
defined in section 490.15 of the penal law, making a terroristic  threat
as  defined  in  section  490.20 of the penal law, crime of terrorism as
defined in section 490.25 of the penal law, DOMESTIC  ACT  OF  TERRORISM
MOTIVATED  BY  HATE IN THE SECOND DEGREE AS DEFINED IN SECTION 490.27 OF
THE PENAL LAW, DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE  FIRST
DEGREE  AS  DEFINED IN SECTION 490.28 OF THE PENAL LAW, hindering prose-
cution of terrorism in the second degree as defined in section 490.30 of
the penal law, hindering prosecution of terrorism in the first degree as
defined in section 490.35 of the penal law,  criminal  possession  of  a
chemical  weapon  or biological weapon in the third degree as defined in
section 490.37 of the penal law, criminal possession of a chemical weap-
on or biological weapon in the  second  degree  as  defined  in  section
490.40  of  the  penal  law, criminal possession of a chemical weapon or
biological weapon in the first degree as defined in  section  490.45  of
the penal law, criminal use of a chemical weapon or biological weapon in
the third degree as defined in section 490.47 of the penal law, criminal
use  of  a  chemical weapon or biological weapon in the second degree as
defined in section 490.50 of the penal law, and criminal use of a chemi-
cal weapon or biological weapon  in  the  first  degree  as  defined  in
section 490.55 of the penal law.
  §  6.  Domestic  terrorism task force. (a) There is hereby created the
domestic terrorism task force to examine, evaluate and determine how  to
prevent  mass  shootings  by  domestic  terrorists,  consisting  of nine
members, each to serve until two years after the effective date of  this
act.
  (b)  (1)  Such members shall be appointed as follows: one member shall
be the commissioner of the division of criminal  justice  services;  one
member  shall be the superintendent of state police; three members shall
be appointed by the governor; one  member  shall  be  appointed  by  the
temporary  president of the senate; one member shall be appointed by the
minority leader of the senate; one member  shall  be  appointed  by  the
speaker of the assembly; and one member shall be appointed by the minor-
ity leader of the assembly. Appointments shall be made within sixty days
of  the effective date of this act. Vacancies in the task force shall be
filled in the same manner provided for original appointments.

S. 7505                            36                            A. 9505

  (2) All appointees shall  have  expertise  in  fields  or  disciplines
related to criminal justice or violence prevention.
  (3)  The  task force shall be chaired by the commissioner of the divi-
sion of criminal justice services. The task force shall  elect  a  vice-
chair  by  majority  vote  and  other  necessary officers from among all
appointed members.
  (4) The task force shall meet at least quarterly at the  call  of  the
chair.  Meetings may be held via teleconference. Special meetings may be
called by the chair at the request of a majority of the members  of  the
task force.
  (5)  Members of the task force shall receive no compensation for their
services but shall be reimbursed for their actual expenses  incurred  in
the performance of their duties in the work of the task force.
  (c) The task force shall:
  (1) study mass shooting incidents;
  (2)  recommend  practices  to  identify  potential  mass  shooters and
prevent mass shooting incidents; and
  (3) recommend practices to provide for the security of locations like-
ly to be targeted by a mass shooter.
  (d) The task force may  establish  advisory  committees  as  it  deems
appropriate  on  matters  relating to the task force's functions, powers
and duties. Such committees shall be chaired by a task force member, but
may be composed of task force  members  as  well  as  other  individuals
selected  by the task force to provide expertise of interest specific to
the charge of such committees.
  (e) The task force may, as it deems appropriate, request that studies,
surveys and analyses relating to the task force's powers and  duties  be
performed by any state department, commission, agency or public authori-
ty.  All  state departments, commissions, agencies or public authorities
shall provide information and advice in a timely  manner  and  otherwise
assist  the  task force with its work; provided however, any information
or records otherwise confidential  and  privileged  in  accordance  with
state  or  federal  law  that are provided to the task force pursuant to
this subdivision shall remain confidential as provided by such state  or
federal law.
  (f)  The task force shall provide a preliminary report to the governor
and the legislature of its findings,  conclusions,  recommendations  and
activities already undertaken by the task force, not later than thirteen
months  after  the effective date of this act, and a final report of its
findings, conclusions, recommendations and activities already undertaken
by the task force, not later than twenty-two months after the  effective
date of this act and shall submit with its reports legislative proposals
as it deems necessary to implement its recommendations.
  § 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                 PART S

  Section  1.  Section  167-a  of  the  civil service law, as amended by
section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
read as follows:
  § 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
from the coverage of the health benefit plan  of  supplementary  medical
insurance  benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program,  an  amount

S. 7505                            37                            A. 9505

equal  to  the  STANDARD  MEDICARE premium charge for such supplementary
medical insurance benefits for such active or retired employee  and  his
or  her  dependents, if any, shall be paid monthly or at other intervals
to  such  active  or  retired  employee  from the health insurance fund.
FURTHERMORE, EFFECTIVE JANUARY  FIRST,  TWO  THOUSAND  TWENTY-ONE  THERE
SHALL BE NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT
AMOUNT  FOR  AMOUNTS  (PREMIUMS) INCURRED ON OR AFTER JANUARY FIRST, TWO
THOUSAND TWENTY TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER  DEPEN-
DENTS,  IF ANY. Where appropriate, such STANDARD MEDICARE PREMIUM amount
may be deducted from contributions payable by the  employee  or  retired
employee; or where appropriate in the case of a retired employee receiv-
ing a retirement allowance, such STANDARD MEDICARE PREMIUM amount may be
included  with  payments  of  his or her retirement allowance. All state
employer, employee, retired employee and dependent contributions to  the
health  insurance fund, including contributions from public authorities,
public benefit corporations or other quasi-public organizations  of  the
state  eligible  for participation in the health benefit plan as author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle, shall be adjusted as necessary to cover  the  cost  of  reimbursing
federal  old-age,  survivors  and  disability  insurance program premium
charges under this section. This cost shall be included  in  the  calcu-
lation  of  premium or subscription charges for health coverage provided
to employees and retired employees of  the  state,  public  authorities,
public  benefit  corporations or other quasi-public organizations of the
state; provided, however, the state, public authorities, public  benefit
corporations  or  other  quasi-public  organizations  of the state shall
remain obligated to pay no less than its share of  such  increased  cost
consistent  with  its  share of premium or subscription charges provided
for by this article. All other  employer  contributions  to  the  health
insurance  fund  shall  be  adjusted  as  necessary  to provide for such
payments.
  § 2. This act shall take effect immediately and shall apply on January
1, 2020 for the income related monthly adjustment  amount  for  amounts,
premiums, incurred on or after January 1, 2020.

                                 PART T

  Section  1.  Section  5004  of  the  civil  practice law and rules, as
amended by chapter 258 of the laws  of  1981,  is  amended  to  read  as
follows:
  §  5004.  Rate of interest. [Interest shall be at the rate of nine per
centum per annum, except where otherwise provided by statute.]  NOTWITH-
STANDING  ANY  OTHER  PROVISION  OF  LAW  OR REGULATION TO THE CONTRARY,
INCLUDING ANY LAW OR REGULATION THAT LIMITS THE ANNUAL RATE OF  INTEREST
TO  BE  PAID ON A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE OF INTEREST
TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM SHALL  BE  CALCULATED  AT  THE
ONE-YEAR  UNITED  STATES  TREASURY  BILL  RATE. FOR THE PURPOSES OF THIS
SECTION, THE "ONE-YEAR UNITED STATES TREASURY BILL RATE" MEANS THE WEEK-
LY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY YIELD,  AS  PUBLISHED  BY
THE  BOARD  OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR
WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT  AWARDING  DAMAGES.
PROVIDED  HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF
THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON
A JUDGMENT OR ACCRUED CLAIM.
  § 2. Section 16 of the state finance law, as amended by chapter 681 of
the laws of 1982, is amended to read as follows:

S. 7505                            38                            A. 9505

  § 16. Rate of interest on judgments and  accrued  claims  against  the
state.    The rate of interest to be paid by the state upon any judgment
or accrued claim against the state shall [not exceed nine per centum per
annum] BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY  BILL  RATE.
FOR  THE  PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED STATES TREASURY
BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY  TREASURY
YIELD,  AS  PUBLISHED  BY  THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE
SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF  THE  ENTRY  OF  THE
JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE
OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM.
  §  3.  This  act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2020.
                                 PART U

  Section 1. Section 167-a of the  civil  service  law,  as  amended  by
section  1  of  part  I of chapter 55 of the laws of 2012, is amended to
read as follows:
  § 167-a. Reimbursement for medicare premium  charges.  Upon  exclusion
from  the  coverage  of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a  depend-
ent covered by the health benefit plan is or would be eligible under the
federal  old-age,  survivors and disability insurance program, an amount
equal to the STANDARD MEDICARE premium  charge  for  such  supplementary
medical  insurance  benefits for such active or retired employee and his
or her dependents, if any, shall be paid monthly or at  other  intervals
to  such  active  or  retired  employee  from the health insurance fund;
PROVIDED, HOWEVER, SUCH PAYMENT FOR THE STANDARD MEDICARE PREMIUM CHARGE
SHALL NOT EXCEED ONE HUNDRED FORTY-FOUR  DOLLARS  AND  SIXTY  CENTS  PER
MONTH.   Where appropriate, such STANDARD MEDICARE PREMIUM amount may be
deducted from contributions payable by the employee or retired employee;
or where appropriate in the case  of  a  retired  employee  receiving  a
retirement  allowance,  such  STANDARD  MEDICARE  PREMIUM  amount may be
included with payments of his or her  retirement  allowance.  All  state
employer,  employee, retired employee and dependent contributions to the
health insurance fund, including contributions from public  authorities,
public  benefit  corporations or other quasi-public organizations of the
state eligible for participation in the health benefit plan  as  author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle,  shall  be  adjusted  as necessary to cover the cost of reimbursing
federal old-age, survivors  and  disability  insurance  program  premium
charges  under  this  section. This cost shall be included in the calcu-
lation of premium or subscription charges for health  coverage  provided
to  employees  and  retired  employees of the state, public authorities,
public benefit corporations or other quasi-public organizations  of  the
state;  provided, however, the state, public authorities, public benefit
corporations or other quasi-public  organizations  of  the  state  shall
remain  obligated  to  pay no less than its share of such increased cost
consistent with its share of premium or  subscription  charges  provided
for  by  this  article.  All  other employer contributions to the health
insurance fund shall be  adjusted  as  necessary  to  provide  for  such
payments.
  §  2.  This  act  shall take effect immediately and shall apply to the
standard medicare premium amount on and after April 1, 2020.

                                 PART V

S. 7505                            39                            A. 9505

  Section 1. Section 167 of the civil service law is amended by adding a
new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION OF LAW, THE STATE'S
CONTRIBUTION FOR THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES  FOR  THE
COVERAGE  OF  RETIRED  STATE EMPLOYEES WHO ARE ENROLLED IN THE STATEWIDE
AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO  THIS
ARTICLE AND WHO ARE HIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY
SHALL BE AS SET FORTH IN THIS SUBDIVISION.
  (A)  FOR  STATE  EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE TEN OR HIGHER WITH AT LEAST TEN BUT  LESS  THAN  TWENTY  YEARS  OF
SERVICE,  THE  STATE  SHALL  PAY FIFTY PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH  RETIRED  STATE
EMPLOYEES.  SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TEN YEARS, TO A MAXIMUM OF SIXTY-EIGHT PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION  AT
OR  EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE,
THE STATE SHALL PAY SEVENTY-FOUR PERCENT  OF  THE  COST  OF  PREMIUM  OR
SUBSCRIPTION  CHARGES  FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE
EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE  COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TWENTY YEARS, TO A MAXIMUM OF EIGHTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES.
  (B)  FOR  STATE  EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE NINE OR LOWER WITH AT LEAST TEN BUT  LESS  THAN  TWENTY  YEARS  OF
SERVICE,  THE  STATE SHALL PAY FIFTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE  INDIVIDUAL  COVERAGE  OF  SUCH  RETIRED
STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE
COST  OF  PREMIUM  OR  SUBSCRIPTION  CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF SEVENTY-TWO PERCENT OF THE COST  OF
PREMIUM  OR  SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A
POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE  YEARS
OF  SERVICE,  THE  STATE  SHALL PAY SEVENTY-EIGHT PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR  THE  INDIVIDUAL  COVERAGE  OF  SUCH
RETIRED  STATE  EMPLOYEES.  SUCH  CONTRIBUTIONS  SHALL  INCREASE  BY ONE
PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR  OF
SERVICE  IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-EIGHT PERCENT
OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES.
  (C) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT  OR  EQUATED  TO
GRADE  TEN  OR  HIGHER  WITH  AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF  PREMIUM
OR  SUBSCRIPTION  CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED
STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF  THE
COST  OF  PREMIUM  OR  SUBSCRIPTION  CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-THREE PERCENT OF THE COST  OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO  RETIRE  FROM  A  POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-NINE  PERCENT
OF  THE  COST  OF  PREMIUM  OR  SUBSCRIPTION CHARGES FOR THE COVERAGE OF
DEPENDENTS OF SUCH RETIRED  STATE  EMPLOYEES;  SUCH  CONTRIBUTION  SHALL
INCREASE  BY  ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES
FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY  YEARS,  TO  A  MAXIMUM  OF
SIXTY-NINE  PERCENT  OF  THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
  (D) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT  OR  EQUATED  TO
GRADE  NINE  OR  LOWER  WITH  AT LEAST TEN BUT LESS THAN TWENTY YEARS OF

S. 7505                            40                            A. 9505

SERVICE, THE STATE SHALL PAY THIRTY-NINE PERCENT OF THE COST OF  PREMIUM
OR  SUBSCRIPTION  CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED
STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF  THE
COST  OF  PREMIUM  OR  SUBSCRIPTION  CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-SEVEN PERCENT OF THE COST  OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO  RETIRE  FROM  A  POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SIXTY-THREE PERCENT
OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES  FOR  THE  COVERAGE  OF
DEPENDENTS  OF  SUCH  RETIRED  STATE  EMPLOYEES; SUCH CONTRIBUTION SHALL
INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES
FOR  EACH  YEAR  OF  SERVICE  IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF
SEVENTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
  (E) WITH RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES,  EACH  INCREMENT
OF ONE OR TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
EACH  YEAR  OF SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF SERVICE TO
THE STATE AND SHALL NOT BE APPLIED ON A PRO-RATA BASIS FOR PARTIAL YEARS
OF SERVICE.
  (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
  (1) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM;
  (2) MEMBERS IN THE  UNIFORMED  PERSONNEL  IN  INSTITUTIONS  UNDER  THE
JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION  OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS, AS DEFINED IN
SECTION EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW; AND
  (3) ANY STATE EMPLOYEE DETERMINED TO HAVE RETIRED  WITH  AN  ORDINARY,
ACCIDENTAL, OR PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFIT.
  (G)   FOR   THE  PURPOSES  OF  DETERMINING  THE  COST  OF  PREMIUM  OR
SUBSCRIPTION CHARGES TO BE PAID BY THE STATE ON BEHALF OF RETIRED  STATE
EMPLOYEES  ENROLLED  IN  THE NEW YORK STATE HEALTH INSURANCE PROGRAM WHO
ARE HIRED ON OR AFTER OCTOBER FIRST,  TWO  THOUSAND  TWENTY,  THE  STATE
SHALL  CONSIDER  ALL  YEARS OF SERVICE THAT A RETIRED STATE EMPLOYEE HAS
ACCRUED IN A PUBLIC RETIREMENT  SYSTEM  OF  THE  STATE  OR  AN  OPTIONAL
RETIREMENT  PROGRAM  ESTABLISHED  PURSUANT TO ARTICLE THREE, EIGHT-B, OR
ONE HUNDRED TWENTY-FIVE-A OF THE EDUCATION LAW. THE PROVISIONS  OF  THIS
PARAGRAPH  MAY NOT BE USED TO GRANT ELIGIBILITY FOR RETIREE STATE HEALTH
INSURANCE COVERAGE TO A RETIREE WHO IS NOT OTHERWISE ELIGIBLE TO  ENROLL
IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM AS A RETIREE.
  § 2. This act shall take effect October 1, 2020.

                                 PART W

  Section  1.  Paragraph  (h)  of  subdivision 1 of section 209-a of the
civil service law, as amended by section 1 of part E of  chapter  55  of
the laws of 2019, is amended to read as follows:
  (h)  to  disclose home addresses, personal telephone numbers, personal
cell phone numbers, personal e-mail addresses of a public  employee,  as
the  term  "public  employee" is defined in subdivision seven of section
two hundred one of this article, except (i) where required  pursuant  to
the provisions of this article, [and] (ii) to the extent compelled to do
so  by  lawful  service  of  process, subpoena, court order, OR (III) IN
ACCORDANCE WITH SUBDIVISION FOUR OF SECTION TWO HUNDRED  EIGHT  OF  THIS
ARTICLE,  or  as  otherwise  required  by  law. This paragraph shall not
prohibit other provisions of law regarding work-related, publicly avail-
able information such as title, salary, and dates of employment.

S. 7505                            41                            A. 9505

  § 2. Paragraph (b) of subdivision  4  of  section  208  of  the  civil
service law, as added by section 1 of part RRR of chapter 59 of the laws
of 2018, is amended and a new paragraph (c) is added to read as follows:
  (b)  Within thirty days of providing the notice in paragraph a of this
subdivision, a public employer shall allow a  duly  appointed  represen-
tative of the employee organization that represents that bargaining unit
to meet with such employee for a reasonable amount of time during his or
her  work  time without charge to leave credits, unless otherwise speci-
fied within an agreement bargained collectively under  article  fourteen
of  the  civil  service law, provided however that arrangements for such
meeting must be scheduled in consultation with  a  designated  represen-
tative of the public employer[.]; AND
  (C)  UPON  THE REQUEST OF THE CERTIFIED AND RECOGNIZED EMPLOYEE ORGAN-
IZATION, AND IF THE PUBLIC EMPLOYER CONDUCTS NEW EMPLOYEE  ORIENTATIONS,
THE  PUBLIC  EMPLOYER  SHALL PROVIDE THE EMPLOYEE ORGANIZATION MANDATORY
ACCESS TO SUCH NEW  EMPLOYEE  ORIENTATIONS.  THE  EMPLOYEE  ORGANIZATION
SHALL  RECEIVE  NOT  LESS  THAN TEN DAYS' NOTICE IN ADVANCE OF AN ORIEN-
TATION, EXCEPT THAT A SHORTER NOTICE  MAY  BE  PROVIDED  IN  A  SPECIFIC
INSTANCE  WHERE THERE IS AN URGENT NEED CRITICAL TO THE EMPLOYER'S OPER-
ATIONS THAT WAS NOT REASONABLY FORESEEABLE TO PROVIDE SUCH  NOTICE.  THE
STRUCTURE,  TIME, AND MANNER OF EXCLUSIVE REPRESENTATIVE ACCESS SHALL BE
DETERMINED THROUGH MUTUAL AGREEMENT BETWEEN THE EMPLOYER AND THE EMPLOY-
EE ORGANIZATION.
  § 3. Section 215 of the civil service law, as added by  section  1  of
part  DD  of  chapter  56  of  the  laws  of 2019, is amended to read as
follows:
  § 215. [Agency] DUES OR AGENCY shop fee deductions. 1. Notwithstanding
any other law to the contrary, any public employer, any employee  organ-
ization,  the  comptroller  and  the board, or any of their employees or
agents, shall not be liable for, and shall have a complete  defense  to,
any  claims  or  actions  under  the  laws  of this state for requiring,
deducting, receiving, or retaining DUES OR agency  shop  fee  deductions
from  public employees, and current or former public employees shall not
have standing to pursue these claims or actions, if  the  DUES  OR  fees
were permitted or mandated at the time under the laws of this state then
in force and paid, through payroll deduction or otherwise, prior to June
twenty-seventh, two thousand eighteen.
  2.  This section shall apply to claims and actions pending or filed on
or after June twenty-seventh, two thousand eighteen.
  3. The enactment of this section shall not be  interpreted  to  create
the  inference  that  any  relief made unavailable by this section would
otherwise be available.
  § 4. This act shall take effect immediately.

                                 PART X

  Section 1. Section 103 of the  state  technology  law  is  amended  by
adding a new subdivision 22 to read as follows:
  22.  TO  ISSUE  PROCUREMENTS FOR TECHNOLOGY, AS DEFINED IN SECTION ONE
HUNDRED ONE OF THIS ARTICLE, IN THE MANNER AS PRESCRIBED IN THIS  SUBDI-
VISION.
  (A)  NOTWITHSTANDING  SECTION  ONE  HUNDRED  SIXTY-THREE  OF THE STATE
FINANCE LAW, OR ANY OTHER PROVISION OF LAW TO THE CONTRARY,  THE  OFFICE
MAY  ISSUE  SOLICITATIONS FOR COMPREHENSIVE TECHNOLOGY SERVICE CONTRACTS
AND MAY AWARD COMPREHENSIVE TECHNOLOGY SERVICE CONTRACTS FOR  TECHNOLOGY
AS  PRESCRIBED  IN  THIS SUBDIVISION. A COMPREHENSIVE TECHNOLOGY SERVICE

S. 7505                            42                            A. 9505

CONTRACT SHALL MEAN ANY CONTRACT FOR BOTH THE DESIGN AND  BUILD  OF  ANY
TECHNOLOGY  BY A SINGLE ENTITY OR MULTIPLE ENTITIES ACTING AS ONE, WHICH
MAY INCLUDE ANY AND ALL TECHNOLOGY AS DEFINED IN THIS ARTICLE AND  SHALL
RESULT IN A COMPLETE AND OPERABLE SYSTEM DELIVERED TO THE STATE.
  (B)  FOR  ALL  PROCUREMENTS  CONDUCTED  PURSUANT  TO THIS SECTION, THE
OFFICE SHALL ADVERTISE IN THE CONTRACT REPORTER AND ON  THE  WEBSITE  OF
THE  OFFICE  FOR  NO  LESS  THAN  FIFTEEN  BUSINESS  DAYS, A REQUEST FOR
PROPOSALS WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF THE WORK  TO  BE
PERFORMED, ANY MINIMUM AND MANDATORY QUALIFICATIONS, A BRIEF DESCRIPTION
OF  HOW  THE  PROPOSALS  WILL BE SCORED, AND ANY OTHER CRITERIA THAT THE
OFFICE DEEMS NECESSARY AND APPROPRIATE. SCORING CRITERIA SHALL BE DRAFT-
ED AND SEALED BY THE OFFICE PRIOR TO THE OPENING OF ANY BIDS. SUCH SCOR-
ING CRITERIA SHALL BE OBJECTIVE TO  THE  EXTENT  PRACTICABLE  AND  SHALL
INCLUDE  COST.  IF  THE  WINNING  PROPOSAL SCORES LESS THAN FIVE PERCENT
HIGHER THAN THE PENULTIMATE PROPOSAL, THE OFFICE SHALL BE  EMPOWERED  TO
REQUEST SUCH TWO BIDDERS TO RE-SUBMIT THEIR COST PROPOSALS WITH THE SAME
OR  LOWER  COST WITHIN TEN BUSINESS DAYS' NOTICE, WHICH THE OFFICE SHALL
THEN EVALUATE BASED ON THE ORIGINAL SEALED SCORING  CRITERIA  FOR  FINAL
AWARD.
  (C)  THE  OFFICE  SHALL  INCLUDE IN EVERY CONTRACT AWARDED PURSUANT TO
THIS SECTION A CLAUSE WHICH LIMITS THE ABILITY OF ANY COST  INCREASE  OF
THE  CONTRACT  TO  NO MORE THAN TEN PERCENT OF THE ORIGINAL BID PRICE OF
THE CONTRACTOR. ANY REQUEST FOR AN INCREASE IN CONTRACT PRICE  SHALL  BE
SUBJECT  TO  APPROVAL  OF THE DIRECTOR OF THE DIVISION OF THE BUDGET AND
THE OFFICE OF THE STATE COMPTROLLER. SUCH CLAUSE SHALL ALSO SPECIFY THAT
IF THE VENDOR REFUSES TO COMPLETE THE CONTRACT ACCORDING TO THE SPECIFIC
TERMS OF THE CONTRACT AS SOLELY  DETERMINED  BY  THE  STATE  AND  UNLESS
OTHERWISE  AGREED  TO  IN  WRITING BY THE STATE, THE CONTRACTOR SHALL BE
LIABLE FOR RETURN OF ALL MONIES PAID BY THE STATE TO THE CONTRACTOR AS A
RESULT OF THE SUBJECT CONTRACT, DOCUMENTED STATE OUT OF POCKET  EXPENSES
UP  TO THE TIME OF TERMINATION OF THE CONTRACT FOR WORK PERFORMED BY THE
STATE IN FURTHERANCE OF THE GOALS OF THE CONTRACT,  AND  ANY  DOCUMENTED
COVER  COSTS WHICH THE STATE INCURS AS A RESULT OF RE-PROCUREMENT OF THE
CONTRACT, REGARDLESS OF FAULT. THE STATE SHALL ALSO RETAIN ALL TITLE AND
INTEREST IN ANY CUSTOM-BUILT WORK PRODUCT DELIVERED TO THE STATE  UP  TO
AND  INCLUDING  THE TIME OF TERMINATION, REGARDLESS OF PAYMENT OR REFUND
OF ASSOCIATED MONIES TO OR BY THE STATE.
  (D) ALL TERMS USED IN THIS SECTION SHALL HAVE THE SAME MEANING  OTHER-
WISE  PRESCRIBED  IN  THIS CHAPTER OR IN ARTICLES ELEVEN AND NINE OF THE
STATE FINANCE  LAW,  EXCEPT  FOR  THOSE  SPECIFICALLY  DEFINED  IN  THIS
SECTION.
  §  2.  Subdivisions 3 and 4 of section 163-a of the state finance law,
subdivision 3 as added by chapter 430 of the laws of 1997  and  subdivi-
sion  4  as amended by section 10 of part O of chapter 55 of the laws of
2012, are amended and a new subdivision 5 is added to read as follows:
  3. A vendor has furnished  at  government  request  specifications  or
information regarding a product or service they provide, but such vendor
has not been directly requested to write specifications for such product
or service or an agency technology procurement proposal; [or]
  4. The [state agency together with] DIRECTOR OF the office of informa-
tion  technology  services,  UPON  REQUEST BY A STATE AGENCY, determines
that the restriction is not in the best interest  of  the  state[.  Such
office  shall  notify each member of the advisory council established in
article one of the state technology law of  any  such  waiver  of  these
restrictions.]; OR

S. 7505                            43                            A. 9505

  5. FOR THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE RESTRICTIONS
CONTAINED  WITHIN  THIS  SECTION  SHALL NOT APPLY TO PROCUREMENTS ISSUED
PURSUANT TO SECTION ONE HUNDRED THREE OF THE STATE TECHNOLOGY LAW.
  § 3. This act shall take effect immediately.

                                 PART Y

  Section  1. Subdivision 10 of section 160 of the state finance law, as
added by chapter 83 of the laws of 1995, is amended to read as follows:
  10. "Technology" means either a good or a  service  or  a  combination
thereof,  [that  results  in a technical method of achieving a practical
purpose or in improvements in productivity] USED IN THE  APPLICATION  OF
ANY  COMPUTER OR ELECTRONIC INFORMATION OR INTERCONNECTED SYSTEM THAT IS
USED IN THE ACQUISITION, STORAGE,  MANIPULATION,  MANAGEMENT,  MOVEMENT,
CONTROL,  DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF
DATA OR VOICE INCLUDING, BUT NOT LIMITED TO, HARDWARE, SOFTWARE,  INFOR-
MATION  APPLIANCES,  FIRMWARE,  PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUC-
TURE, MEDIA, AND RELATED MATERIAL USED TO  AUTOMATICALLY  AND  ELECTRON-
ICALLY  COLLECT,  RECEIVE,  ACCESS,  TRANSMIT,  DISPLAY,  STORE, RECORD,
RETRIEVE, ANALYZE,  EVALUATE,  PROCESS,  CLASSIFY,  MANIPULATE,  MANAGE,
ASSIMILATE,  CONTROL,  COMMUNICATE,  EXCHANGE, CONVERT, COVERAGE, INTER-
FACE, SWITCH, OR DISSEMINATE DATA OF ANY KIND OR FORM, AND SHALL INCLUDE
ALL  ASSOCIATED  CONSULTING,  MANAGEMENT,  FACILITIES,  MAINTENANCE  AND
TRAINING. Goods may be either new or used.
  §  2.  Subdivision  5  of  section 101 of the state technology law, as
added by chapter 430 of the laws of 1997 and as  renumbered  by  chapter
437 of the laws of 2004, is amended to read as follows:
  5.  "Technology"  means  [a  good,  service,  or good and service that
results in a digital, electronic or similar technical method of  achiev-
ing  a  practical  purpose or in improvements in productivity, including
but not limited to information management, equipment, software,  operat-
ing  systems,  interface  systems,  interconnected systems, telecommuni-
cations, data management, networks, and network management,  consulting,
supplies,  facilities,  maintenance  and  training]  EITHER  A GOOD OR A
SERVICE OR A COMBINATION THEREOF, USED IN THE APPLICATION OF ANY COMPUT-
ER OR ELECTRONIC INFORMATION OR INTERCONNECTED SYSTEM THAT  IS  USED  IN
THE  ACQUISITION,  STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL,
DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF  DATA  OR
VOICE  INCLUDING,  BUT  NOT  LIMITED TO, HARDWARE, SOFTWARE, INFORMATION
APPLIANCES,  FIRMWARE,  PROGRAMS,  SYSTEMS,  NETWORKS,   INFRASTRUCTURE,
MEDIA,  AND  RELATED  MATERIAL  USED TO AUTOMATICALLY AND ELECTRONICALLY
COLLECT, RECEIVE, ACCESS, TRANSMIT, DISPLAY,  STORE,  RECORD,  RETRIEVE,
ANALYZE,  EVALUATE,  PROCESS,  CLASSIFY, MANIPULATE, MANAGE, ASSIMILATE,
CONTROL, COMMUNICATE, EXCHANGE, CONVERT, COVERAGE, INTERFACE, SWITCH, OR
DISSEMINATE DATA OF ANY KIND OR FORM, AND SHALL INCLUDE  ALL  ASSOCIATED
CONSULTING,  MANAGEMENT,  FACILITIES, MAINTENANCE, SUPPORT AND TRAINING.
GOODS MAY BE EITHER NEW OR USED.
  § 3. This act shall take effect immediately.

                                 PART Z

  Section 1. Section 1 of part S of chapter 56  of  the  laws  of  2010,
relating  to  establishing  a  joint  appointing authority for the state
financial system project, is amended to read as follows:
  Section 1. The division of the budget and office of  the  state  comp-
troller  may  dedicate such officers and employees as may be needed to a

S. 7505                            44                            A. 9505

joint project, which shall be known as the [state]  STATEWIDE  financial
system  project,  and  which  shall  be responsible for the development,
implementation and maintenance of a single, statewide financial  manage-
ment system for use by the OFFICE OF THE state comptroller and all agen-
cies. The division of the budget and the office of the state comptroller
shall  serve  jointly  as the appointing authority for all titles within
the project, and shall jointly  appoint  a  project  [manager]  DIRECTOR
therefor.  For  purposes  of  appointment  and promotion under the civil
service law, the [state] STATEWIDE financial  system  project  shall  be
treated as if it were a single department.  FOR THE PURPOSES OF PROCURE-
MENT  AND  CONTRACTING  PURSUANT TO THE STATE FINANCE LAW, THE STATEWIDE
FINANCIAL SYSTEM PROJECT  SHALL  BE  TREATED  AS  A  SINGLE  DEPARTMENT,
PROVIDED THAT ALL PROCUREMENTS AND CONTRACTS ISSUED AND AGREED TO BY THE
STATEWIDE  FINANCIAL  SYSTEM PROJECT SHALL BE SUBJECT TO THE APPROVAL OF
THE DIVISION OF THE BUDGET AND THE OFFICE OF THE STATE COMPTROLLER.
  § 2. This act shall take effect immediately.

                                 PART AA

  Section 1. Subdivision 12 of section 3 of the public buildings law, as
amended by section 48 of part T of chapter 57 of the laws  of  2007,  is
amended to read as follows:
  12. Lease from time to time buildings, rooms or premises in the county
of  Albany,  and  elsewhere as required, for providing space for depart-
ments, commissions, boards and officers of the  state  government,  upon
such  terms  and  conditions as he or she deems most advantageous to the
state. Any such lease shall, however, be for a term not exceeding  [ten]
FIFTEEN  years, but may provide for optional renewals on the part of the
state, for terms of [ten] FIFTEEN years or less. Each such  lease  shall
contain a clause stating that the contract of the state thereunder shall
be  deemed executory only to the extent of moneys available therefor and
that no liability shall be incurred by the state beyond the money avail-
able for such purpose. Notwithstanding the provisions of any other  law,
except section sixteen hundred seventy-six of the public authorities law
relating  to  use  of  dormitory  authority  facilities by the aged, the
commissioner of general services shall have sole and exclusive authority
to lease space for state departments, agencies, commissions, boards  and
officers  within the county of Albany. Any buildings, rooms or premises,
now or hereafter held by the  commissioner  of  general  services  under
lease, may be sublet, in part or in whole, provided that in the judgment
of  the  commissioner,  and the occupying department, commission, board,
and officers of the state government, such buildings, rooms or  premises
are not for a time needed. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE  CONTRARY,  IF BONDS OR NOTES ARE ISSUED PURSUANT TO SECTION SIXTEEN
HUNDRED EIGHTY-N OF THE  PUBLIC  AUTHORITIES  LAW  FOR  THE  PURPOSE  OF
ACQUIRING A BUILDING OR OTHER FACILITY PREVIOUSLY FINANCED BY A LEASE OR
LEASE-PURCHASE  OBLIGATION  AS AUTHORIZED HEREIN, THE STATE AGENCY WHICH
IS THE TENANT IN OCCUPANCY SHALL BE AUTHORIZED TO REMIT TAX PAYMENTS  OR
PAYMENTS  IN  LIEU  OF  THEREOF TO THE APPROPRIATE TAXING AUTHORITY IN A
MANNER CONSISTENT WITH  THE  PROCESS  AND  TERM  ESTABLISHED  UNDER  THE
ORIGINAL  LEASE  OR LEASE-PURCHASE FOR THE SUBJECT PROPERTY FOR A PERIOD
COINCIDENT WITH THE TERM OF THE LEASE AS ESTABLISHED AT THE COMMENCEMENT
OF THE TERM THEREOF. THE STATE MAY  UNDERTAKE  A  CERTIORARI  REVIEW  OF
ASSESSMENTS THAT MAY BE IMPOSED FROM TIME TO TIME.

S. 7505                            45                            A. 9505

  §  2.  This act shall take effect on the same date as the reversion of
subdivision 12 of section 3 of the public buildings law as  provided  in
section 27 of chapter 95 of the laws of 2000, as amended.

                                 PART BB

  Section 1. Section 139-l of the state finance law, as added by section
1  of subpart A of part KK of chapter 57 of the laws of 2018, is amended
to read as follows:
  § 139-l. Statement on sexual harassment AND REPORTS ON SEXUAL  HARASS-
MENT,  in  bids.  1.  (a)  Every  bid hereafter made to the state or any
public department  or  agency  thereof,  where  competitive  bidding  is
required  by statute, rule or regulation, for work or services performed
or to be performed or goods sold  or  to  be  sold,  shall  contain  the
following statement subscribed by the bidder and affirmed by such bidder
as true under the penalty of perjury:
"By  submission  of  this  bid,  each  bidder and each person signing on
behalf of any bidder certifies, and in the case  of  a  joint  bid  each
party  thereto  certifies  as  to its own organization, under penalty of
perjury, that the bidder  has  and  has  implemented  a  written  policy
addressing  sexual  harassment  prevention in the workplace and provides
annual sexual harassment prevention training to all  of  its  employees.
Such  policy  shall,  at a minimum, meet the requirements of section two
hundred one-g of the labor law."
  (b) Every bid hereafter made to the state or any public department  or
agency  thereof,  where  competitive bidding is not required by statute,
rule or regulation, for work or services performed or to be performed or
goods sold or to be sold, may contain, at the discretion of the  depart-
ment,  agency  or official, the certification required pursuant to para-
graph (a) of this subdivision.
  2. (A) EVERY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC  DEPARTMENT
OR  AGENCY  THEREOF,  WHERE  COMPETITIVE BIDDING IS REQUIRED BY STATUTE,
RULE OR REGULATION, FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR
GOODS SOLD OR TO BE SOLD, SHALL INCLUDE A REPORT LISTING (I) THE NAME OF
THE BIDDER; (II) THE TOTAL NUMBER OF ADVERSE JUDGMENTS OR ADMINISTRATIVE
RULINGS ARISING FROM ALLEGATIONS OF SEXUAL HARASSMENT DURING THE PRECED-
ING YEAR; (III) TOTAL NUMBER OF EMPLOYEES; (IV)  WHETHER  ANY  EQUITABLE
RELIEF  WAS ORDERED AGAINST THE BIDDER IN ANY ADVERSE JUDGMENT OR ADMIN-
ISTRATIVE RULING; (V) THE TOTAL NUMBER OF SETTLEMENTS,  DEFINED  AS  ANY
WRITTEN  COMMITMENT OR WRITTEN AGREEMENT, INCLUDING ANY AGREED JUDGMENT,
STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE  OF  DISCONTINUANCE,
OR  OTHERWISE  BETWEEN  AN EMPLOYEE OR A NONEMPLOYEE AND A BIDDER, UNDER
WHICH THE BIDDER  DIRECTLY  OR  INDIRECTLY  PROVIDES  TO  AN  INDIVIDUAL
COMPENSATION  OR OTHER CONSIDERATION DUE TO AN ALLEGATION THAT THE INDI-
VIDUAL HAS BEEN A VICTIM OF SEXUAL HARASSMENT,  THAT  HAS  BEEN  ENTERED
INTO  DURING THE PRECEDING YEAR THAT RELATE TO ANY ALLEGED ACT OF SEXUAL
HARASSMENT THAT OCCURRED IN THE WORKPLACE OF THE BIDDER;  AND  (VI)  THE
TOTAL  NUMBER  OF SETTLEMENTS ENTERED INTO DURING THE PREVIOUS YEAR THAT
RELATE TO ANY ALLEGED ACT OF SEXUAL HARASSMENT COMMITTED BY A  CORPORATE
EXECUTIVE  WITHOUT REGARD TO WHETHER THAT BEHAVIOR OCCURRED IN THE WORK-
PLACE OF THE BIDDER. THE INFORMATION REQUIRED BY THIS SUBDIVISION  SHALL
BE PROVIDED IN ELECTRONIC FORMAT IN SUCH FORM AS PRESCRIBED BY THE DIVI-
SION OF HUMAN RIGHTS.
  (B) ON OR BEFORE THE FIFTEENTH OF FEBRUARY OF EACH YEAR, COPIES OF THE
REPORTS  REQUIRED  BY  PARAGRAPH (A) OF THIS SUBDIVISION RECEIVED IN THE
PREVIOUS CALENDAR YEAR SHALL BE TRANSMITTED FROM THE CONTRACTING  AGENCY

S. 7505                            46                            A. 9505

TO THE DIVISION OF HUMAN RIGHTS AND THE OFFICE OF THE STATE COMPTROLLER.
THE  OFFICE  OF  THE  STATE  COMPTROLLER  SHALL PREPARE AN ANNUAL REPORT
SUMMARIZING SUCH DATA, WHICH SHALL BE SUBMITTED  TO  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE
CHAIRPERSONS OF THE SENATE FINANCE, THE ASSEMBLY WAYS AND MEANS  COMMIT-
TEES,  THE  ATTORNEY GENERAL, THE COMMISSIONER OF LABOR, AND THE COMMIS-
SIONER OF THE DIVISION OF HUMAN RIGHTS BY THE THIRTY-FIRST OF JULY  EACH
YEAR  FOLLOWING  THE  EFFECTIVE DATE OF THIS SECTION.  SUCH REPORT SHALL
INCLUDE THE NAME OF THE BIDDER; THE TOTAL NUMBER OF ADVERSE JUDGMENTS OR
ADMINISTRATIVE RULINGS DURING THE PRECEDING YEAR; THE  TOTAL  NUMBER  OF
EMPLOYEES;  WHETHER  ANY EQUITABLE RELIEF WAS ORDERED AGAINST THE BIDDER
IN ANY ADVERSE JUDGMENT OR ADMINISTRATIVE RULING; AND THE  TOTAL  NUMBER
OF  SETTLEMENTS, AS DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (A) OF THIS
SUBDIVISION, ENTERED INTO DURING THE PRECEDING YEAR.
  [2.] 3. Notwithstanding the foregoing, the statement required by para-
graph (a) of subdivision one of this section AND THE REPORT REQUIRED  BY
PARAGRAPH  (A) OF SUBDIVISION TWO OF THIS SECTION may be submitted elec-
tronically in accordance with the provisions  of  subdivision  seven  of
section one hundred sixty-three of this chapter.
  [3.] 4. A bid shall not be considered for award nor shall any award be
made  to  a  bidder who has not complied with [subdivision] SUBDIVISIONS
one AND TWO of this section;  provided,  however,  that  if  the  bidder
cannot  make the foregoing certification, such bidder shall so state and
shall furnish with the bid a signed statement which sets forth in detail
the reasons therefor.
  [4.] 5. Any bid hereafter made to the state or any public  department,
agency  or  official thereof, by a corporate bidder for work or services
performed or to be performed or goods sold or to be sold, where such bid
contains the statement required by subdivision one of this  section  AND
THE  REPORT REQUIRED BY SUBDIVISION TWO OF THIS SECTION, shall be deemed
to have been authorized by the board of directors of  such  bidder,  and
such authorization shall be deemed to include the signing and submission
of  such bid and the inclusion therein of such statement AND SUCH REPORT
as the act and deed of the corporation.
  § 2. This act shall take effect on the first of July  next  succeeding
the  date  upon  which it shall have become a law and shall apply to all
contracts with the state entered into on and after such effective date.

                                 PART CC

  Section 1. Subdivision 3 of  section  17  of  the  alcoholic  beverage
control law, as amended by section 8 of chapter 522 of the laws of 2018,
is amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under  this  chapter  and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this  chapter.  Any
civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
dollars as against the holder of any retail permit  issued  pursuant  to
sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of  any  retail  license  issued  pursuant  to
sections  fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five, fifty-
five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
sixty-four-c,  seventy-six-f,  seventy-nine, eighty-one and eighty-one-a
of this chapter, AND AS AGAINST THE HOLDER OF ANY LICENSE ISSUED  PURSU-
ANT  TO  SECTION  FORTY  OF THIS CHAPTER, and the sum of thirty thousand

S. 7505                            47                            A. 9505

dollars as against the holder of a license issued pursuant  to  sections
thirty,  thirty-one, fifty-three, sixty-one-a, sixty-one-b, seventy-six,
seventy-six-a, and seventy-eight of  this  chapter,  provided  that  the
civil  penalty against the holder of a wholesale license issued pursuant
to section fifty-three of this chapter shall not exceed the sum  of  ten
thousand dollars where that licensee violates provisions of this chapter
during the course of the sale of beer at retail to a person for consump-
tion at home, and the sum of one hundred thousand dollars as against the
holder  of any license issued pursuant to sections fifty-one, sixty-one,
and sixty-two of this chapter. Any civil penalty so imposed shall be  in
addition  to and separate and apart from the terms and provisions of the
bond required pursuant to section one hundred twelve  of  this  chapter.
Provided  that  no  appeal  is  pending  on the imposition of such civil
penalty, in the event such civil penalty imposed by the division remains
unpaid, in whole or in part, more than  forty-five  days  after  written
demand  for  payment has been sent by first class mail to the address of
the licensed premises, a notice of impending default judgment  shall  be
sent  by  first  class  mail to the licensed premises and by first class
mail to the last known home address of the person who  signed  the  most
recent  license  application.   The notice of impending default judgment
shall advise the licensee: (a) that a civil penalty was imposed  on  the
licensee;  (b)  the  date the penalty was imposed; (c) the amount of the
civil penalty; (d) the amount of the civil penalty that  remains  unpaid
as  of  the  date  of the notice; (e) the violations for which the civil
penalty was imposed; and (f) that a judgment by default will be  entered
in  the  supreme  court of the county in which the licensed premises are
located, or other  court  of  civil  jurisdiction  or  any  other  place
provided  for  the entry of civil judgments within the state of New York
unless the division receives full payment of  all  civil  penalties  due
within  twenty days of the date of the notice of impending default judg-
ment. If full payment shall not have been received by the division with-
in thirty days of mailing of the notice of impending  default  judgment,
the  division  shall proceed to enter with such court a statement of the
default judgment containing the  amount  of  the  penalty  or  penalties
remaining  due  and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall  have  the
full  force  and  effect  of  a default judgment duly docketed with such
court pursuant to the civil practice law and  rules  and  shall  in  all
respects  be  governed  by  that chapter and may be enforced in the same
manner and with the same effect as that provided by law  in  respect  to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
  §  2.  Subdivision  3  of section 17 of the alcoholic beverage control
law, as amended by section 9 of chapter 522 of  the  laws  of  2018,  is
amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under  this  chapter  and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this  chapter.  Any
civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
dollars as against the holder of any retail permit  issued  pursuant  to
sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d, and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and as against the holder of  any  retail  license  issued  pursuant  to
sections  fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five, fifty-
five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,

S. 7505                            48                            A. 9505

sixty-four-c,  seventy-six-f, seventy-nine, eighty-one, and eighty-one-a
of this chapter, AND AS AGAINST THE HOLDER OF ANY LICENSE ISSUED  PURSU-
ANT  TO  SECTION  FORTY  OF THIS CHAPTER, and the sum of thirty thousand
dollars  as  against the holder of a license issued pursuant to sections
thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b,  seventy-six,
seventy-six-a and seventy-eight of this chapter, provided that the civil
penalty  against  the  holder  of a wholesale license issued pursuant to
section fifty-three of this chapter shall not  exceed  the  sum  of  ten
thousand dollars where that licensee violates provisions of this chapter
during the course of the sale of beer at retail to a person for consump-
tion at home, and the sum of one hundred thousand dollars as against the
holder  of  any license issued pursuant to sections fifty-one, sixty-one
and sixty-two of this chapter. Any civil penalty so imposed shall be  in
addition  to and separate and apart from the terms and provisions of the
bond required pursuant to section one hundred twelve  of  this  chapter.
Provided  that  no  appeal  is  pending  on the imposition of such civil
penalty, in the event such civil penalty imposed by the division remains
unpaid, in whole or in part, more than  forty-five  days  after  written
demand  for  payment has been sent by first class mail to the address of
the licensed premises, a notice of impending default judgment  shall  be
sent  by  first  class  mail to the licensed premises and by first class
mail to the last known home address of the person who  signed  the  most
recent  license  application.   The notice of impending default judgment
shall advise the licensee: (a) that a civil penalty was imposed  on  the
licensee;  (b)  the  date the penalty was imposed; (c) the amount of the
civil penalty; (d) the amount of the civil penalty that  remains  unpaid
as  of  the  date  of the notice; (e) the violations for which the civil
penalty was imposed; and (f) that a judgment by default will be  entered
in  the  supreme  court of the county in which the licensed premises are
located, or other court  of  civil  jurisdiction,  or  any  other  place
provided  for  the entry of civil judgments within the state of New York
unless the division receives full payment of  all  civil  penalties  due
within  twenty days of the date of the notice of impending default judg-
ment. If full payment shall not have been received by the division with-
in thirty days of mailing of the notice of impending  default  judgment,
the  division  shall proceed to enter with such court a statement of the
default judgment containing the  amount  of  the  penalty  or  penalties
remaining  due  and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall  have  the
full  force  and  effect  of  a default judgment duly docketed with such
court pursuant to the civil practice law and  rules  and  shall  in  all
respects  be  governed  by  that chapter and may be enforced in the same
manner and with the same effect as that provided by law  in  respect  to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
  §  3.  The  alcoholic  beverage control law is amended by adding a new
article 3-A to read as follows:
                                ARTICLE 3-A
                         MISCELLANEOUS LICENSES
SECTION 40. HIGHER EDUCATION INSTITUTION LICENSE.
  § 40. HIGHER EDUCATION INSTITUTION LICENSE. 1. ANY COLLEGE OR  UNIVER-
SITY  ACCREDITED BY THE BOARD OF REGENTS OF THE NEW YORK STATE EDUCATION
DEPARTMENT MAY APPLY TO THE LIQUOR  AUTHORITY  FOR  A  HIGHER  EDUCATION
INSTITUTION  LICENSE  AS  PROVIDED FOR IN THIS SECTION. SUCH APPLICATION
SHALL BE IN WRITING AND SHALL CONTAIN SUCH  INFORMATION  AS  THE  LIQUOR

S. 7505                            49                            A. 9505

AUTHORITY  SHALL  REQUIRE.  SUCH  APPLICATION  SHALL BE ACCOMPANIED BY A
CHECK OR DRAFT FOR THE AMOUNT REQUIRED  BY  THIS  SUBDIVISION  FOR  SUCH
LICENSE.  IF THE LIQUOR AUTHORITY SHALL APPROVE THE APPLICATION IT SHALL
ISSUE  A  LICENSE  IN SUCH FORM AS SHALL BE DETERMINED BY ITS RULES. THE
ANNUAL FEE FOR A HIGHER EDUCATION INSTITUTION LICENSE SHALL BE TWO THOU-
SAND DOLLARS.
  2. A LICENSEE UNDER THIS SECTION SHALL HAVE THE FOLLOWING PRIVILEGES:
  (A) TO OPERATE A MANUFACTURING FACILITY OR FACILITIES AT THE  LICENSED
PREMISES  FOR THE PRODUCTION OF MEAD, BEER, CIDER, LIQUOR, AND WINE; THE
LICENSEE MAY: (I) SELL IN BULK SUCH ALCOHOLIC BEVERAGES  TO  ANY  PERSON
LICENSED UNDER THIS CHAPTER TO MANUFACTURE THE CLASS OF ALCOHOLIC BEVER-
AGE  TO  BE  PURCHASED,  OR TO A PERMITTEE ENGAGED IN THE MANUFACTURE OF
PRODUCTS WHICH ARE UNFIT FOR BEVERAGE USE; (II)  SELL  OR  DELIVER  SUCH
ALCOHOLIC BEVERAGES TO PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF
THE PLACE OF SUCH DELIVERY;
  (B)  TO  SELL TO MANUFACTURERS, WHOLESALERS, AND RETAILERS LICENSED OR
PERMITTED IN THIS STATE  ANY  ALCOHOLIC  BEVERAGE  MANUFACTURED  BY  THE
LICENSEE  WHICH  THAT MANUFACTURER, WHOLESALER OR RETAILER MAY SELL. ALL
SUCH ALCOHOLIC BEVERAGES SOLD BY THE LICENSEE MUST BE SECURELY SEALED IN
A CONTAINER AND HAVE ATTACHED THERETO A LABEL AS SHALL  BE  REQUIRED  BY
SECTION ONE HUNDRED SEVEN-A OF THIS CHAPTER;
  (C)  (I) (A) TO SELL AT RETAIL FOR ON AND OFF PREMISES CONSUMPTION ANY
ALCOHOLIC BEVERAGE MANUFACTURED BY THE LICENSEE AND ANY NEW  YORK  STATE
LABELED ALCOHOLIC BEVERAGE PROVIDED THAT FOR ON-PREMISES CONSUMPTION THE
LICENSEE  REGULARLY  KEEPS  FOOD AVAILABLE SUCH AS SANDWICHES, SOUPS AND
OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN, AND/OR
FOOD ITEMS INTENDED TO COMPLEMENT THE TASTING  OF  ALCOHOLIC  BEVERAGES,
WHICH  SHALL  MEAN  A  DIVERSIFIED  SELECTION OF FOOD THAT IS ORDINARILY
CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE  CONVENIENTLY  CONSUMED
WHILE  STANDING  OR  WALKING,  INCLUDING  BUT  NOT  LIMITED TO: CHEESES,
FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. (B) SALES
MADE UNDER CLAUSE (A) FOR OFF-PREMISES CONSUMPTION MAY BE MADE  ONLY  TO
CUSTOMERS WHO ARE PHYSICALLY PRESENT UPON THE LICENSED PREMISES AND SUCH
SALE  SHALL  BE  CONCLUDED BY THE CUSTOMER'S TAKING, WITH HIM OR HER, OF
THE SEALED CONTAINERS PURCHASED BY SUCH CUSTOMER AT THE TIME THE CUSTOM-
ER LEAVES THE LICENSED PREMISES. SUCH SALES SHALL NOT BE MADE WHERE  THE
ORDER  IS  PLACED  BY  LETTER,  TELEPHONE,  FAX,  OR EMAIL, OR WHERE THE
CUSTOMER OTHERWISE DOES NOT PLACE THE ORDER WHILE THE CUSTOMER IS  PHYS-
ICALLY PRESENT UPON THE LICENSED PREMISES; (II) TO OPERATE A RESTAURANT,
HOTEL,  CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING ESTABLISHMENT
AT THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR  CONSUMP-
TION  ON THE PREMISES, ANY ALCOHOLIC BEVERAGE MANUFACTURED BY THE LICEN-
SEE AND ANY NEW YORK STATE LABELED ALCOHOLIC BEVERAGE; (III) TO APPLY TO
THE AUTHORITY FOR A LICENSE UNDER THIS CHAPTER TO SELL  OTHER  ALCOHOLIC
BEVERAGES  AT  RETAIL  FOR CONSUMPTION AT THE LICENSED PREMISES.  ALL OF
THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL BEER, LIQUOR
OR WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY AS FAR  AS
APPLICABLE;  (IV) TO SELL ALCOHOLIC BEVERAGES MANUFACTURED BY THE LICEN-
SEE AT THE STATE FAIR, RECOGNIZED COUNTY FAIRS AND  AT  FARMERS  MARKETS
OPERATED  ON  A  NOT-FOR-PROFIT  BASIS;  (V) TO SELL ALCOHOLIC BEVERAGES
PRODUCED BY THE LICENSEE IN  BULK  BY  THE  KEG,  CASK,  OR  BARREL  FOR
CONSUMPTION AND NOT FOR RESALE AT A CLAM-BAKE, BARBEQUE, PICNIC OR SIMI-
LAR OUTDOOR GATHERING;
  (D)  TO MANUFACTURE, BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS SUCH
AS HONEY, MUSTARDS, SAUCES, JAMS,  JELLIES,  MULLING  SPICES  AND  OTHER
ALCOHOLIC  BEVERAGE  RELATED  FOODS  IN  ADDITION TO OTHER SUCH FOOD AND

S. 7505                            50                            A. 9505

CRAFTS ON AND FROM THE LICENSED PREMISES. SUCH LICENSE  SHALL  AUTHORIZE
THE  HOLDER THEREOF TO STORE AND SELL GIFT ITEMS IN A TAX-PAID ROOM UPON
THE LICENSED PREMISES INCIDENTAL TO THE  SALE  OF  ALCOHOLIC  BEVERAGES.
THESE  GIFT ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES: (I) NON-
ALCOHOLIC BEVERAGES FOR CONSUMPTION ON OR OFF  PREMISES,  INCLUDING  BUT
NOT  LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES; (II) FOOD ITEMS
FOR THE PURPOSE OF COMPLEMENTING ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A
DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY  CONSUMED  WITHOUT  THE
USE  OF  TABLEWARE  AND  CAN  BE CONVENIENTLY CONSUMED WHILE STANDING OR
WALKING. SUCH FOOD ITEMS SHALL INCLUDE  BUT  NEED  NOT  BE  LIMITED  TO:
CHEESES,  FRUITS,  VEGETABLES, CHOCOLATES, BREADS, BAKED GOODS, MUSTARDS
AND CRACKERS; (III) FOOD ITEMS, WHICH  SHALL  INCLUDE  LOCALLY  PRODUCED
FARM PRODUCTS AND ANY FOOD OR FOOD PRODUCT NOT SPECIFICALLY PREPARED FOR
IMMEDIATE CONSUMPTION UPON THE PREMISES. SUCH FOOD ITEMS MAY BE COMBINED
INTO  A  PACKAGE CONTAINING ALCOHOLIC BEVERAGES; (IV) ALCOHOLIC BEVERAGE
SUPPLIES AND ACCESSORIES, WHICH SHALL INCLUDE ANY ITEM UTILIZED FOR  THE
STORAGE, SERVING OR CONSUMPTION OF ALCOHOLIC BEVERAGES OR FOR DECORATIVE
PURPOSES.  THESE SUPPLIES MAY BE SOLD AS SINGLE ITEMS OR MAY BE COMBINED
INTO A PACKAGE CONTAINING ALCOHOLIC BEVERAGES;  (V)  ALCOHOLIC  BEVERAGE
EQUIPMENT  AND SUPPLIES INCLUDING, BUT NOT LIMITED TO: HONEY, HOME ALCO-
HOLIC BEVERAGE-MAKING KITS, PUMPS, FILTERS, YEASTS, CHEMICALS AND  OTHER
ALCOHOLIC  BEVERAGE  ADDITIVES,  BOTTLING  EQUIPMENT, BOTTLES, ALCOHOLIC
BEVERAGE STORAGE AND FERMENTING VESSELS, BARRELS,  AND  BOOKS  OR  OTHER
WRITTEN  MATERIAL  TO  ASSIST  ALCOHOLIC  BEVERAGE MAKERS TO PRODUCE AND
BOTTLE  ALCOHOLIC  BEVERAGES;  AND  (VI)  SOUVENIR  ITEMS,  WHICH  SHALL
INCLUDE, BUT NEED NOT BE LIMITED TO: ARTWORK, CRAFTS, CLOTHING, AGRICUL-
TURAL  PRODUCTS  AND ANY OTHER ARTICLES WHICH CAN BE CONSTRUED TO PROPA-
GATE TOURISM WITHIN THE REGION.
  (E) TO ENGAGE IN ANY OTHER BUSINESS ON THE  LICENSED  PREMISES  AS  IS
COMPATIBLE  WITH  THE MISSION OF A COLLEGE AND UNIVERSITY AND COMPATIBLE
WITH THE POLICY AND PURPOSES OF THIS CHAPTER  IN  CONSIDERATION  OF  THE
EFFECT  OF  THE  PARTICULAR  BUSINESSES ON THE COMMUNITY AND AREA IN THE
VICINITY OF THE LICENSED PREMISES.
  (F) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW OR OF  ANY  RULE  OR
REGULATION  PROMULGATED  PURSUANT THERETO, AND IN ADDITION TO THE ACTIV-
ITIES WHICH MAY OTHERWISE BE CARRIED OUT BY ANY  PERSON  LICENSED  UNDER
THIS  SECTION,  SUCH  PERSON  MAY,  ON  THE  PREMISES DESIGNATED IN SUCH
LICENSE:  (I) PRODUCE, PACKAGE, BOTTLE, SELL AND DELIVER SOFT DRINKS AND
OTHER NON-ALCOHOLIC BEVERAGES; (II) RECOVER CARBON  DIOXIDE  AND  YEAST;
(III)  STORE  BOTTLES,  PACKAGES AND SUPPLIES NECESSARY OR INCIDENTAL TO
ALL SUCH  OPERATIONS;  (IV)  PACKAGE,  BOTTLE,  SELL  AND  DELIVER  WINE
PRODUCTS; (V) ALLOW FOR THE PREMISES INCLUDING SPACE AND EQUIPMENT TO BE
RENTED BY A LICENSED TENANT ALCOHOLIC BEVERAGE PRODUCER FOR THE PURPOSES
OF ALTERNATION.
  (G)  THE  AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PROVISIONS OF  THIS  SECTION.  IN  PRESCRIBING
SUCH  RULES  AND  REGULATIONS, THE AUTHORITY SHALL PROMOTE THE EXPANSION
AND PROFITABILITY OF ALCOHOLIC BEVERAGE PRODUCTION AND OF TOURISM IN NEW
YORK, THEREBY PROMOTING THE CONSERVATION, PRODUCTION AND ENHANCEMENT  OF
NEW YORK SATE AGRICULTURAL LANDS.
  3.(A)  ANY ACTIVITIES AUTHORIZED UNDER THIS SECTION AND CARRIED OUT BY
AN ENTITY LICENSED PURSUANT TO THIS SECTION SHALL NOT  BE  VIOLATIVE  OF
SUBDIVISION  ONE  OF  SECTION  ONE  HUNDRED  ONE, SUBDIVISION SIXTEEN OF
SECTION ONE HUNDRED FIVE, OR SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED
SIX OF THIS CHAPTER PROVIDED SUCH ENTITY  HAS  NO  INTERESTS  DIRECT  OR

S. 7505                            51                            A. 9505

INDIRECT IN THE MANUFACTURE, WHOLESALE, OR RETAIL OF ALCOHOLIC BEVERAGES
OTHER THAN AT THE LICENSED PREMISES.
  (B)  PROVIDED  HOWEVER  THAT IF THE LICENSED ENTITY HAS AN INTEREST IN
THE MANUFACTURE OR WHOLESALE OR ALCOHOLIC BEVERAGES AT ANOTHER LOCATION,
SUCH INTEREST SHALL BE PERMISSIBLE WHERE:  (I)  THE  INTEREST  IS  TOTAL
OWNERSHIP,  OR (II) WHERE THE INTEREST IS LESS THAN TOTAL OWNERSHIP, AND
(A) THE MANUFACTURER OR WHOLESALER DOES  NOT,  DIRECTLY  OR  INDIRECTLY,
EXERCISE  CONTROL  OVER OR PARTICIPATE IN MANAGEMENT OF THE RETAIL BUSI-
NESS OF THE LICENSED ENTITY; (B) THE INTEREST DOES  NOT  RESULT  IN  THE
RETAIL  BUSINESS  OF  THE LICENSED ENTITY PURCHASING ALCOHOLIC BEVERAGES
FROM THE MANUFACTURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE OR  PART,
OF  ALCOHOLIC  BEVERAGES  OFFERED  FOR  SALE  BY  OTHER PERSONS; (C) THE
PRODUCTS AND SERVICES OF THE MANUFACTURER OR WHOLESALER ARE NOT  OFFERED
DISCRIMINATORILY  IN THAT THEY ARE OFFERED TO ALL RETAILERS IN THE LOCAL
MARKET ON THE SAME TERMS; AND (D) THE RETAIL BUSINESS  OF  THE  LICENSED
ENTITY  PURCHASES  ALCOHOLIC  BEVERAGES FROM A WHOLESALER LICENSED UNDER
THIS CHAPTER WITHOUT AN INTEREST IN THE RETAIL BUSINESS OF SUCH LICENSED
ENTITY WHEN PURCHASING  ALCOHOLIC  BEVERAGES  NOT  MANUFACTURED  BY  THE
LICENSEE.
  (C)  PROVIDED  FURTHER  THAT IF THE LICENSED ENTITY HAS AN INTEREST IN
RETAIL SALE OF ALCOHOLIC BEVERAGES AT ANOTHER  LOCATION,  SUCH  INTEREST
SHALL BE PERMISSIBLE WHERE: (I) THE INTEREST IS TOTAL OWNERSHIP, OR (II)
WHERE  THE  INTEREST  IS LESS THAN TOTAL OWNERSHIP, AND (A) THE RETAILER
DOES NOT, DIRECTLY OR INDIRECTLY, EXERCISE CONTROL OVER  OR  PARTICIPATE
IN  MANAGEMENT  OF  THE  MANUFACTURING  OR  WHOLESALING  BUSINESS OF THE
LICENSED ENTITY; (B) THE INTEREST DOES NOT RESULT IN THE RETAIL BUSINESS
OF THE LICENSED ENTITY PURCHASING ALCOHOLIC BEVERAGES FROM THE  MANUFAC-
TURER  OR WHOLESALER TO THE EXCLUSION, IN WHOLE OR IN PART, OF ALCOHOLIC
BEVERAGES OFFERED FOR SALE BY OTHER PERSONS;  (C)  THE  RETAIL  BUSINESS
PURCHASES  ALCOHOLIC  BEVERAGES  FROM  A  WHOLESALER LICENSED UNDER THIS
CHAPTER WITHOUT AN INTEREST IN THE RETAIL BUSINESS WHEN PURCHASING ALCO-
HOLIC BEVERAGES NOT MANUFACTURES BY THE LICENSEE.
  § 4. Subdivision 1 of section 56-a of the alcoholic  beverage  control
law,  as  amended by chapter 522 of the laws of 2018, is amended to read
as follows:
  1. In addition to the annual fees provided for in this chapter,  there
shall  be  paid  to  the  authority  with each initial application for a
license filed pursuant to section thirty, thirty-one, FORTY,  fifty-one,
fifty-one-a,  fifty-two, fifty-three, fifty-eight, fifty-eight-c, fifty-
eight-d, sixty-one, sixty-two, seventy-six,  seventy-seven  or  seventy-
eight  of  this chapter, a filing fee of four hundred dollars; with each
initial application for a license filed pursuant to section sixty-three,
sixty-four, sixty-four-a or sixty-four-b of this chapter, a  filing  fee
of  two  hundred  dollars;  with  each initial application for a license
filed pursuant to section fifty-three-a, fifty-four, fifty-five,  fifty-
five-a,  seventy-nine,  eighty-one  or  eighty-one-a  of this chapter, a
filing fee of one hundred dollars; with each initial application  for  a
permit  filed  pursuant to section ninety-one, ninety-one-a, ninety-two,
ninety-two-a, ninety-three, ninety-three-a, if  such  permit  is  to  be
issued on a calendar year basis, ninety-four, ninety-five, ninety-six or
ninety-six-a,  or  pursuant to paragraph b, c, e or j of subdivision one
of section ninety-nine-b of this chapter if such permit is to be  issued
on  a calendar year basis, or for an additional bar pursuant to subdivi-
sion four of section one hundred of this chapter, a filing fee of twenty
dollars; and with each application for a permit  under  section  ninety-
three-a  of this chapter, other than a permit to be issued on a calendar

S. 7505                            52                            A. 9505

year basis, section ninety-seven, ninety-eight, ninety-nine, or  ninety-
nine-b  of  this  chapter,  other than a permit to be issued pursuant to
paragraph b, c, e or j of subdivision one of  section  ninety-nine-b  of
this chapter on a calendar year basis, a filing fee of ten dollars.
  §  5.  This  act  shall take effect October 1, 2020, provided that the
amendments to subdivision 3 of section  17  of  the  alcoholic  beverage
control  law  made  by  section  one of this act shall be subject to the
expiration and reversion of such subdivision pursuant to  section  4  of
chapter  118  of  the  laws of 2012, as amended, when upon such date the
provisions of section two of this act shall take effect.

                                 PART DD

  Section 1. Section 106  of  the  alcoholic  beverage  control  law  is
amended by adding a new subdivision 16 to read as follows:
  16.  A PERSON HOLDING A RETAIL ON-PREMISES LICENSE FOR A MOVIE THEATRE
GRANTED PURSUANT TO SECTION SIXTY-FOUR-A OF THIS CHAPTER SHALL:
  (A) FOR EVERY PURCHASE OF AN ALCOHOLIC BEVERAGE, REQUIRE THE PURCHASER
TO PROVIDE WRITTEN EVIDENCE OF AGE AS SET  FORTH  IN  PARAGRAPH  (B)  OF
SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THIS CHAPTER; AND
  (B) ALLOW THE PURCHASE OF ONLY ONE ALCOHOLIC BEVERAGE PER TRANSACTION;
AND
  (C)  ONLY  PERMIT THE SALE OR DELIVERY OF ALCOHOLIC BEVERAGES DIRECTLY
TO AN INDIVIDUAL HOLDING A TICKET FOR A MOTION  PICTURE  WITH  A  MOTION
PICTURE ASSOCIATION OF AMERICA RATING OF "PG-13", "R", OR "NC-17"; AND
  (D)  NOT COMMENCE THE SALE OF ALCOHOLIC BEVERAGES UNTIL ONE HOUR PRIOR
TO THE START OF THE FIRST MOTION PICTURE AND CEASE ALL SALES OF ALCOHOL-
IC BEVERAGES AFTER THE CONCLUSION OF THE FINAL MOTION PICTURE.
  § 2. Subdivision 6 of section 64-a of the alcoholic  beverage  control
law,  as  amended by chapter 475 of the laws of 2011, is amended to read
as follows:
  6. No special on-premises license shall be granted except for premises
in which the principal business shall be (a) the sale of food or  bever-
ages at retail for consumption on the premises or (b) the operation of a
legitimate  theatre, INCLUDING A MOTION PICTURE THEATRE THAT IS A BUILD-
ING OR FACILITY WHICH IS REGULARLY USED AND KEPT OPEN PRIMARILY FOR  THE
EXHIBITION  OF  MOTION  PICTURES  FOR  AT LEAST FIVE OUT OF SEVEN DAYS A
WEEK, OR ON A REGULAR SEASONAL BASIS OF  NO  LESS  THAN  SIX  CONTIGUOUS
WEEKS, TO THE GENERAL PUBLIC WHERE ALL AUDITORIUM SEATING IS PERMANENTLY
AFFIXED  TO  THE  FLOOR  AND  AT  LEAST SIXTY-FIVE PERCENT OF THE MOTION
PICTURE THEATRE'S ANNUAL GROSS REVENUES IS THE COMBINED RESULT OF ADMIS-
SION REVENUE FOR THE SHOWING OF MOTION PICTURES AND THE SALE OF FOOD AND
NON-ALCOHOLIC BEVERAGES, or such other  lawful  adult  entertainment  or
recreational  facility as the liquor authority, giving due regard to the
convenience of the public and the strict avoidance of  sales  prohibited
by  this chapter, shall by regulation classify for eligibility. [Nothing
contained in this subdivision shall be deemed to authorize the  issuance
of a license to a motion picture theatre, except those meeting the defi-
nition of restaurant and meals, and where all seating is at tables where
meals are served.]
  §  3.  Subdivision 8 of section 64-a of the alcoholic beverage control
law, as added by chapter 531 of the laws of 1964, is amended to read  as
follows:
  8. Every special on-premises licensee shall regularly keep food avail-
able  for  sale  to  its  customers for consumption on the premises. The
availability of sandwiches, soups or other foods, whether  fresh,  proc-

S. 7505                            53                            A. 9505

essed,  pre-cooked  or  frozen,  shall  be  deemed  compliance with this
requirement. FOR MOTION PICTURE THEATRES LICENSED UNDER PARAGRAPH (B) OF
SUBDIVISION SIX OF THIS SECTION, FOOD  THAT  IS  TYPICALLY  FOUND  IN  A
MOTION  PICTURE  THEATRE,  INCLUDING BUT NOT LIMITED TO: POPCORN, CANDY,
AND LIGHT SNACKS, SHALL BE DEEMED TO BE IN COMPLIANCE WITH THIS REQUIRE-
MENT. The licensed premises shall comply at all times with all the regu-
lations of the local department of health.  Nothing  contained  in  this
subdivision,  however,  shall  be  construed to require that any food be
sold or purchased with any liquor, nor shall  any  rule,  regulation  or
standard  be  promulgated or enforced requiring that the sale of food be
substantial or that the receipts of the business  other  than  from  the
sale  of  liquor  equal  any set percentage of total receipts from sales
made therein.
  § 4. Subdivision 9 of section 64-a of the alcoholic  beverage  control
law  is  renumbered  subdivision  10 and a new subdivision 9 is added to
read as follows:
  9. IN THE CASE OF A MOTION PICTURE  THEATRE  APPLYING  FOR  A  LICENSE
UNDER  THIS  SECTION,  ANY  MUNICIPALITY  REQUIRED  TO BE NOTIFIED UNDER
SECTION ONE HUNDRED TEN-B OF THIS CHAPTER MAY EXPRESS  AN  OPINION  WITH
RESPECT  TO WHETHER THE APPLICATION SHOULD BE APPROVED, AND SUCH OPINION
MAY BE CONSIDERED IN DETERMINING WHETHER GOOD CAUSE EXISTS TO  DENY  ANY
SUCH APPLICATION.
  § 5. This act shall take effect immediately.

                                 PART EE

  Section  1.  Subdivision  1  of  section 101 of the alcoholic beverage
control law is amended by adding  a  new  paragraph  (a-1)  to  read  as
follows:
  (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION,  IT  SHALL  BE  LAWFUL  FOR  A MANUFACTURER OR WHOLESALER TO HOLD,
DIRECTLY OR INDIRECTLY, AN INTEREST IN A PREMISES  LICENSED  UNDER  THIS
CHAPTER WHERE ALCOHOLIC BEVERAGES ARE SOLD AT RETAIL, PROVIDED THAT:
  (I)  THE  MANUFACTURER OR WHOLESALER DOES NOT, DIRECTLY OR INDIRECTLY,
EXERCISE CONTROL OVER OR PARTICIPATE IN THE MANAGEMENT OF THE RETAILER'S
BUSINESS OR BUSINESS DECISIONS;
  (II) THE INTEREST DOES NOT RESULT IN THE RETAILER PURCHASING ALCOHOLIC
BEVERAGES FROM THE MANUFACTURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE
OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS;
  (III) THE PRODUCTS AND SERVICES OF THE MANUFACTURER OR WHOLESALER  ARE
NOT  OFFERED  DISCRIMINATORILY IN THAT THEY ARE OFFERED TO ALL RETAILERS
IN THE LOCAL MARKET ON THE SAME TERMS; AND
  (IV) THE RETAILER PURCHASES  ALCOHOLIC  BEVERAGES  FROM  A  WHOLESALER
LICENSED UNDER THIS CHAPTER WITHOUT AN INTEREST IN THE RETAILER.
  §  2.  Subdivision  1 of section 101 of the alcoholic beverage control
law is amended by adding a new paragraph (a-2) to read as follows:
  (A-2) THE PROVISIONS OF PARAGRAPHS (A) AND (A-1) OF  THIS  SUBDIVISION
SHALL  NOT APPLY TO A MANUFACTURER OR WHOLESALER WITH COMPLETE OWNERSHIP
OF A PREMISES WHERE ALCOHOLIC BEVERAGES ARE SOLD AT RETAIL.
  § 3. Subdivision 1 of section 101 of the  alcoholic  beverage  control
law is amended by adding a new paragraph (c-1) to read as follows:
  (C-1)  THE  DIRECT  OR  INDIRECT  OPERATION AND MANAGEMENT OF A RETAIL
PREMISES LICENSED UNDER THIS CHAPTER BY  A  MANUFACTURER  OR  WHOLESALER
WITH COMPLETE OWNERSHIP OF THE PREMISES SHALL NOT CONSTITUTE A PROHIBIT-
ED GIFT OR SERVICE.

S. 7505                            54                            A. 9505

  §  4.  Section 105 of the alcoholic beverage control law is amended by
adding a new subdivision 16-a to read as follows:
  16-A.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION SIXTEEN OF THIS
SECTION, IT SHALL BE LAWFUL  FOR  A  RETAIL  LICENSEE  FOR  OFF-PREMISES
CONSUMPTION  TO  HOLD, DIRECTLY OR INDIRECTLY, AN INTEREST IN A MANUFAC-
TURER OR WHOLESALER, PROVIDED THAT:
  (A) THE RETAIL LICENSEE DOES NOT EXERCISE, DIRECT OR INDIRECT, CONTROL
OVER OR PARTICIPATE IN THE MANAGEMENT  OF  THE  MANUFACTURER  OR  WHOLE-
SALER'S BUSINESS OR BUSINESS DECISIONS;
  (B)  THE  INTEREST  DOES  NOT  RESULT  IN  THE RETAILER PURCHASING THE
MANUFACTURER OR WHOLESALER'S ALCOHOLIC BEVERAGES TO  THE  EXCLUSION,  IN
WHOLE  OR  IN  PART,  OF  ALCOHOLIC  BEVERAGES OFFERED FOR SALE BY OTHER
PERSONS; AND
  (C) THE RETAIL LICENSEE  PURCHASES  ITS  ALCOHOLIC  BEVERAGES  FROM  A
WHOLESALER LICENSED UNDER THIS CHAPTER THAT THE RETAIL LICENSEE DOES NOT
HOLD AN INTEREST IN.
  §  5.  Section 105 of the alcoholic beverage control law is amended by
adding a new subdivision 16-b to read as follows:
  16-B. THE PROVISIONS OF SUBDIVISIONS SIXTEEN  AND  SIXTEEN-A  OF  THIS
SECTION  SHALL  NOT APPLY TO A RETAIL LICENSEE FOR OFF-PREMISES CONSUMP-
TION WITH COMPLETE OWNERSHIP OF A MANUFACTURER OR WHOLESALER.
  § 6. Section 106 of the alcoholic beverage control law is  amended  by
adding a new subdivision 13-a to read as follows:
  13-A.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION THIRTEEN OF THIS
SECTION, IT SHALL BE  LAWFUL  FOR  A  RETAIL  LICENSEE  FOR  ON-PREMISES
CONSUMPTION  TO  HOLD, DIRECTLY OR INDIRECTLY, AN INTEREST IN A MANUFAC-
TURER OR WHOLESALER LICENSED UNDER THIS CHAPTER, PROVIDED THAT:
  (A) THE RETAIL LICENSEE DOES NOT EXERCISE, DIRECT OR INDIRECT, CONTROL
OVER OR PARTICIPATE IN THE MANAGEMENT  OF  THE  MANUFACTURER  OR  WHOLE-
SALER'S BUSINESS OR BUSINESS DECISIONS;
  (B)  THE  INTEREST  DOES  NOT  RESULT  IN  THE RETAILER PURCHASING THE
MANUFACTURER OR WHOLESALER'S ALCOHOLIC BEVERAGES TO  THE  EXCLUSION,  IN
WHOLE  OR  IN  PART,  OF  ALCOHOLIC  BEVERAGES OFFERED FOR SALE BY OTHER
PERSONS; AND
  (C) THE RETAIL LICENSEE  PURCHASES  ITS  ALCOHOLIC  BEVERAGES  FROM  A
WHOLESALER LICENSED UNDER THIS CHAPTER THAT THE RETAIL LICENSEE DOES NOT
HOLD AN INTEREST IN.
  §  7.  Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 13-b to read as follows:
  13-B. THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION THIRTEEN AND SUBDI-
VISION THIRTEEN-A SHALL NOT APPLY TO A RETAIL LICENSEE  FOR  ON-PREMISES
CONSUMPTION WITH COMPLETE OWNERSHIP OF A MANUFACTURER OR WHOLESALER.
  § 8. This act shall take effect immediately.

                                 PART FF

  Section  1. Paragraph (b) of subdivision 5 of section 106 of the alco-
holic beverage control law, as amended by chapter  83  of  the  laws  of
1995, is amended to read as follows:
  (b)  On  any other day between four ante meridiem and eight ante meri-
diem; PROVIDED, HOWEVER, FOR A PREMISES LOCATED WITHIN AN  INTERNATIONAL
AIRPORT  OWNED  OR  OPERATED  BY  THE PORT AUTHORITY OF NEW YORK AND NEW
JERSEY, ON ANY OTHER DAY BETWEEN THREE ANTE MERIDIEM AND SIX ANTE  MERI-
DIEM;  PROVIDED FURTHER THAT SUCH HOURS FOR A PREMISES LOCATED WITHIN AN
INTERNATIONAL AIRPORT OWNED OR OPERATED BY THE  PORT  AUTHORITY  OF  NEW

S. 7505                            55                            A. 9505

YORK  AND NEW JERSEY SHALL NOT BE SUBJECT TO CHANGE PURSUANT TO SUBDIVI-
SION ELEVEN OF SECTION SEVENTEEN OF THIS CHAPTER.
  § 2. This act shall take effect immediately.

                                 PART GG

  Section  1.  The  section  heading  and  subdivisions 1, 2, 3 and 7 of
section 87 of the workers' compensation law,  the  section  heading  and
subdivision 1 as amended and subdivisions 2, 3 and 7 as added by section
20  of part GG of chapter 57 of the laws of 2013, are amended to read as
follows:
  [Investment of surplus or reserve] INVESTMENTS.  1. Any of the reserve
funds belonging to the state insurance fund, by order of the commission-
ers, approved by  the  superintendent  of  financial  services,  may  be
invested in the types of [securities] INVESTMENTS described in [subdivi-
sions  one, two, three, four, five, six, eleven, twelve, twelve-a, thir-
teen, fourteen, fifteen,  nineteen,  twenty,  twenty-one,  twenty-one-a,
twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five
of  section  two hundred thirty-five of the banking law or in paragraph]
PARAGRAPHS ONE THROUGH FOUR OF SUBSECTION (B) OF  SECTION  ONE  THOUSAND
FOUR  HUNDRED  TWO  OF THE INSURANCE LAW AND PARAGRAPHS ONE, two, THREE,
FOUR, FIVE, SIX, SEVEN, AND ELEVEN of  subsection  (a)  of  section  one
thousand four hundred four of the insurance law except that A MINIMUM OF
[up  to]  five  percent of such reserve funds [may] SHALL be invested in
the TYPES  OF  securities  [of  any  solvent  American  institution  as]
described  in  [such paragraph irrespective of the rating of such insti-
tution's obligations or other similar  qualitative  standards  described
therein]  PARAGRAPHS  ONE  THROUGH FOUR OF SUBSECTION (B) OF SECTION ONE
THOUSAND FOUR HUNDRED TWO OF THE INSURANCE LAW.
  2. Any [of the surplus] funds belonging to the  state  insurance  fund
EXCEEDING  SEVENTY  PERCENT  OF  THE  AGGREGATE  OF  LOSS RESERVES, LOSS
EXPENSE RESERVES, AND UNEARNED PREMIUM RESERVES, by order of the commis-
sioners, approved by the superintendent of financial  services,  may  be
invested in the types of [securities described in subdivisions one, two,
three,  four,  five,  six, eleven, twelve, twelve-a, thirteen, fourteen,
fifteen, nineteen, twenty, twenty-one, twenty-one-a, twenty-four,  twen-
ty-four-a,  twenty-four-b,  twenty-four-c and twenty-five of section two
hundred thirty-five of the banking  law  or,  up  to  fifty  percent  of
surplus  funds,  in the types of securities or] investments described in
[paragraphs two, three, eight and ten of] PARAGRAPHS ONE THROUGH FOUR OF
SUBSECTION (B) OF SECTION ONE THOUSAND FOUR HUNDRED TWO OF THE INSURANCE
LAW AND subsection (a) of section one thousand four hundred four of  the
insurance  law,  [except  that up to ten percent of surplus funds may be
invested in the  securities  of  any  solvent  American  institution  as
described  in  such paragraphs irrespective of the rating of such insti-
tution's obligations or other similar  qualitative  standards  described
therein,]  BUT  SUCH INVESTMENTS SHALL NOT BE SUBJECT TO THE QUALITATIVE
STANDARDS OR QUANTITATIVE LIMITATIONS WHICH ARE SET FORTH  WITH  RESPECT
TO  ANY  INVESTMENT  PERMITTED  BY  SUCH  SUBSECTION  and, up to fifteen
percent of [surplus] SUCH funds, in [securities or] investments which do
not otherwise qualify for investment under this section as shall be made
with the care, prudence  and  diligence  under  the  circumstances  then
prevailing  that a prudent person acting in a like capacity and familiar
with such matters would use in the conduct of an enterprise  of  a  like
character  and  with  like aims as provided for the state insurance fund
under this article, but shall not include any direct derivative  instru-

S. 7505                            56                            A. 9505

ment  or  derivative transaction except for hedging purposes.  [Notwith-
standing any other provision in this subdivision, the  aggregate  amount
that  the  state insurance fund may invest in the types of securities or
investments  described  in paragraphs three, eight and ten of subsection
(a) of section one thousand four hundred four of the insurance  law  and
as  a  prudent person acting in a like capacity would invest as provided
in this subdivision shall not  exceed  fifty  percent  of  such  surplus
funds.]
  3. Any [of the surplus or reserve] funds belonging to the state insur-
ance  fund,  upon  like  approval  of  the  superintendent  of financial
services, may be loaned on  the  pledge  of  any  such  securities.  The
commissioners,  upon  like  approval  of the superintendent of financial
services, may also sell any of such securities or investments.
  7. Notwithstanding any provision in this  section,  the  [surplus  and
reserve]  funds of the state insurance fund shall not be invested in any
investment that has  been  found  by  the  superintendent  of  financial
services  to be against public policy or in any investment prohibited by
the provisions of [paragraph six of subsection (a) of section one  thou-
sand  four  hundred  four  of the insurance law or by the provisions of]
paragraph one, two, three, four, six,  SEVEN,  eight,  nine  or  ten  of
subsection  (a) of section one thousand four hundred seven of the insur-
ance law OR IN EXCESS OF ANY  LIMITATION  PROVIDED  UNDER  SECTIONS  ONE
THOUSAND  FOUR  HUNDRED  EIGHT AND ONE THOUSAND FOUR HUNDRED NINE OF THE
INSURANCE LAW.
  § 2. This act shall take effect July 1, 2020;  provided,  however,  if
this  act  shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after July 1, 2020.

                                 PART HH

  Section 1. Paragraph (a) of subdivision 5 of section 54 of  the  work-
ers' compensation law, as amended by chapter 469 of the laws of 2017, is
amended to read as follows:
  (a)  Cancellation  and termination of insurance contracts. No contract
of insurance issued by an insurance carrier  against  liability  arising
under  this  chapter  shall be cancelled within the time limited in such
contract for its expiration unless notice is given as required  by  this
section. When cancellation is due to non-payment of premiums and assess-
ments,  such cancellation shall not be effective until at least ten days
after a notice of cancellation of such contract, on a date specified  in
such  notice,  shall be filed in the office of the chair and also served
on the employer. When cancellation is due to any reason other than  non-
payment  of  premiums  and  assessments,  such cancellation shall not be
effective until at least thirty days after a notice of  cancellation  of
such contract, on a date specified in such notice, shall be filed in the
office  of the chair and also served on the employer; provided, however,
in either case, that if the employer has secured insurance with  another
insurance carrier which becomes effective prior to the expiration of the
time  stated  in  such notice, the cancellation shall be effective as of
the date of such other coverage. No insurer shall refuse  to  renew  any
policy  insuring  against liability arising under this chapter unless at
least thirty days prior to its expiration notice  of  intention  not  to
renew  has  been filed in the office of the chair and also served on the
employer.

S. 7505                            57                            A. 9505

  Such notice shall be served on the employer by delivering it  to  him,
her  or  it or by sending it by mail, by certified or registered letter,
return receipt requested, addressed to the employer at his, her  or  its
last  known place of business; provided that, if the employer be a part-
nership, then such notice may be so given to any of one of the partners,
and if the employer be a corporation then the notice may be given to any
agent  or  officer  of  the  corporation  upon whom legal process may be
served; and further provided that an employer may designate  any  person
or  entity  at  any  address to receive such notice including the desig-
nation of one person or entity to receive notice on behalf  of  multiple
entities  insured  under one insurance policy and that service of notice
at the address so designated upon the person or entity so designated  by
delivery  or  by mail, by certified or registered letter, return receipt
requested,  shall  satisfy  the  notice  requirement  of  this  section.
[Provided, however, the] THE right to cancellation of a policy of insur-
ance  in  the state INSURANCE fund, HOWEVER, shall be exercised only for
non-payment of premiums and assessments, OR FAILURE BY THE  EMPLOYER  TO
COOPERATE WITH A PAYROLL AUDIT, or as provided in section ninety-four of
this  chapter.    THE  STATE  INSURANCE FUND MAY CANCEL A POLICY FOR THE
EMPLOYER'S FAILURE TO COOPERATE WITH A PAYROLL  AUDIT  IF  THE  EMPLOYER
FAILS  (I) EITHER TO MAKE OR KEEP AN APPOINTMENT DURING REGULAR BUSINESS
HOURS WITH A PAYROLL AUDITOR, AFTER THE STATE INSURANCE FUND HAS MADE AT
LEAST TWO ATTEMPTS TO ARRANGE AN APPOINTMENT  INCLUDING  CONTACTING  THE
EMPLOYER'S  BROKER  OR  ACCOUNTANT,  IF ANY, OR (II) TO FURNISH BUSINESS
RECORDS IN THE COURSE  OF  A  PAYROLL  AUDIT  AS  REQUIRED  PURSUANT  TO
SECTIONS  NINETY-FIVE  AND  ONE  HUNDRED  THIRTY-ONE OF THIS CHAPTER. AT
LEAST FIFTEEN DAYS IN ADVANCE OF SENDING A NOTICE  OF  CANCELLATION  FOR
FAILURE  TO  COOPERATE  WITH  A  PAYROLL AUDIT, THE STATE INSURANCE FUND
SHALL SEND A WARNING NOTICE TO  THE  EMPLOYER  IN  THE  SAME  MANNER  AS
PROVIDED  IN THIS SUBDIVISION FOR SERVING A NOTICE OF CANCELLATION. SUCH
NOTICE SHALL SPECIFY A MEANS OF CONTACTING THE STATE INSURANCE  FUND  TO
SET  UP  AN AUDIT APPOINTMENT. THE STATE INSURANCE FUND WILL BE REQUIRED
TO PROVIDE ONLY ONE SUCH WARNING NOTICE TO AN EMPLOYER  RELATED  TO  ANY
PARTICULAR PAYROLL AUDIT PRIOR TO CANCELLATION.
  The  provisions  of  this  subdivision shall not apply with respect to
policies containing coverage pursuant to subsection (j) of section three
thousand four hundred twenty of the  insurance  law  relating  to  every
policy  providing  comprehensive  personal liability insurance on a one,
two, three or four family owner-occupied dwelling.
  In the event such cancellation or termination notice is not filed with
the chair within the required time period,  the  chair  shall  impose  a
penalty  in  the  amount  of up to five hundred dollars for each ten-day
period the insurance carrier or state insurance fund failed to file  the
notification. All penalties collected pursuant to this subdivision shall
be deposited in the uninsured employers' fund.
  §  2.  Section  93  of  the  workers'  compensation law, as amended by
section 24 of part GG of chapter 57 of the laws of 2013, is  amended  to
read as follows:
  §  93.  Collection of premium in case of default. a. If a policyholder
shall default in any payment required to be made by [him]  SUCH  POLICY-
HOLDER  to  the  state  insurance fund OR SHALL FAIL TO COOPERATE WITH A
PAYROLL AUDIT AS SPECIFIED IN SUBDIVISION FIVE OF SECTION FIFTY-FOUR  OF
THIS  CHAPTER,  after due notice, [his] SUCH POLICYHOLDER'S insurance in
the state INSURANCE fund may be cancelled and the amount due from  [him]
SUCH  POLICYHOLDER  shall  be  collected by civil action brought against
[him] SUCH POLICYHOLDER in any county wherein the state  insurance  fund

S. 7505                            58                            A. 9505

maintains an office in the name of the commissioners of the state insur-
ance  fund  and  the  same, when collected, shall be paid into the state
insurance fund, and such policyholder's compliance with  the  provisions
of  this  chapter  requiring  payments to be made to the state insurance
fund shall date from the time of the payment of said money to the  state
insurance fund.
  b.  An  employer,  whose policy of insurance has been cancelled by the
state insurance fund for non-payment of premium and assessments, OR  FOR
FAILURE  TO  COOPERATE  WITH  A  PAYROLL AUDIT, or [withdraws] CANCELLED
pursuant to section  ninety-four  of  this  article,  is  ineligible  to
contract  for  a subsequent policy of insurance with the state insurance
fund [while] UNTIL THE STATE INSURANCE FUND  RECEIVES  FULL  COOPERATION
FROM  SUCH  EMPLOYER  IN  COMPLETING  ANY PAYROLL AUDIT ON THE CANCELLED
POLICY AND the billed premium on the cancelled  policy  [remains  uncol-
lected]  IS  PAID, INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE
COMPLETION OF ANY PAYROLL AUDIT.
  c. The state insurance fund shall not be required to write a policy of
insurance for any employer which is owned or controlled or the  majority
interest of which is owned or controlled, directly or indirectly, by any
person  who  directly  or  indirectly  owns  or  controls  or  owned  or
controlled at the time of cancellation an employer whose  former  policy
of insurance with the state insurance fund was cancelled for non-payment
of  premium  and assessments, OR FOR FAILURE TO COOPERATE WITH A PAYROLL
AUDIT, or [withdraws] CANCELLED pursuant to section ninety-four of  this
article,  or  who  is  or was at the time of cancellation the president,
vice-president, secretary or treasurer of such  an  employer  until  THE
STATE  INSURANCE  FUND  RECEIVES  FULL COOPERATION FROM SUCH EMPLOYER IN
COMPLETING ANY PAYROLL AUDIT AND the billed  premium  on  the  cancelled
policy  is  paid,  INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE
COMPLETION OF ANY PAYROLL AUDIT.
  For purposes of this subdivision, "person" [shall include individuals,
partnerships, corporations, and other associations] MEANS  ANY  INDIVID-
UAL, FIRM, COMPANY, PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY,
JOINT  VENTURE, JOINT-STOCK ASSOCIATION, ASSOCIATION, TRUST OR ANY OTHER
LEGAL ENTITY WHATSOEVER.
  § 3. Section 95 of the workers' compensation law, as amended by  chap-
ter 135 of the laws of 1998, is amended to read as follows:
  § 95. Record and audit of payrolls.  (1) Every employer who is insured
in the state insurance fund shall keep a true and accurate record of the
number  of  [his]  ITS  employees,  THE CLASSIFICATION OF ITS EMPLOYEES,
INFORMATION REGARDING EMPLOYEE ACCIDENTS and the  wages  paid  by  [him]
SUCH EMPLOYER, AS WELL AS SUCH RECORDS RELATING TO ANY PERSON PERFORMING
SERVICES UNDER A SUBCONTRACT WITH SUCH EMPLOYER WHO IS NOT COVERED UNDER
THE  SUBCONTRACTOR'S  OWN  WORKERS'  COMPENSATION  INSURANCE POLICY, and
shall furnish, upon demand, a sworn statement of the same.  Such  record
AND  ANY  OTHER  RECORDS  OF  AN  EMPLOYER  CONTAINING  SUCH INFORMATION
PERTAINING TO ANY POLICY PERIOD  INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
PAYROLL  BOOK,  PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK, CHECK BOOK,
BANK ACCOUNT STATEMENTS, COMMISSION RECORDS, LEDGERS,  JOURNALS,  REGIS-
TERS,  VOUCHERS,  CONTRACTS,  TAX  RETURNS  AND  REPORTS,  AND  COMPUTER
PROGRAMS FOR RETRIEVING DATA, CERTIFICATES OF  INSURANCE  PERTAINING  TO
SUBCONTRACTORS  AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF
THE BOARD shall be open to inspection BY THE STATE INSURANCE FUND at any
time and as often as may be necessary to verify the number of  employees
[and],  the  amount  of the payroll, THE CLASSIFICATION OF EMPLOYEES AND
INFORMATION REGARDING EMPLOYEE ACCIDENTS.  Any employer who  shall  fail

S. 7505                            59                            A. 9505

to  keep [such] ANY record REQUIRED BY THIS SECTION, who shall willfully
fail to furnish such record or who  shall  willfully  falsify  any  such
record[,]  shall be guilty of a misdemeanor AND SUBJECT TO ANY PENALTIES
OTHERWISE PROVIDED BY LAW.
  (2)  Employers  subject to [subdivision] SUBSECTION (e) of section two
thousand three hundred four of the insurance law and subdivision two  of
section  eighty-nine  of  this  article  shall  keep a true and accurate
record of hours worked for all  construction  classification  employees.
The willful failure to keep such record, or the knowing falsification of
any such record, may be prosecuted as insurance fraud in accordance with
the provisions of section 176.05 of the penal law.
  § 4. Subdivision 1 of section 131 of the workers' compensation law, as
amended by chapter 6 of the laws of 2007, is amended to read as follows:
  (1)  Every  employer  subject  to the provisions of this chapter shall
keep a true and accurate record of  the  number  of  [his  or  her]  ITS
employees,  the  classification  of ITS employees, information regarding
employee accidents and the wages paid by [him or her] SUCH EMPLOYER  for
a period of four years after each entry therein, [which] AS WELL AS SUCH
RECORDS  RELATING  TO ANY PERSON PERFORMING SERVICES UNDER A SUBCONTRACT
OF SUCH EMPLOYER THAT IS NOT COVERED UNDER THE SUBCONTRACTOR'S OWN WORK-
ERS' COMPENSATION INSURANCE  POLICY.  SUCH  records  shall  be  open  to
inspection  at  any time, and as often as may be necessary to verify the
same by investigators of the board, by the authorized auditors, account-
ants or inspectors of the carrier with whom the employer is insured,  or
by  the  authorized  auditors, accountants or inspectors of any workers'
compensation insurance  rating  board  or  bureau  operating  under  the
authority of the insurance law and of which board or bureau such carrier
is  a  member  or the group trust of which the employer is a member. Any
and all records required by law to be kept by such employer  upon  which
the  employer makes or files a return concerning wages paid to employees
AND ANY  OTHER  RECORDS  OF  AN  EMPLOYER  CONTAINING  SUCH  INFORMATION
PERTAINING  TO  ANY  POLICY  PERIOD  INCLUDING,  BUT NOT LIMITED TO, ANY
PAYROLL BOOK, PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK,  CHECK  BOOK,
BANK  ACCOUNT  STATEMENTS, COMMISSION RECORDS, LEDGERS, JOURNALS, REGIS-
TERS,  VOUCHERS,  CONTRACTS,  TAX  RETURNS  AND  REPORTS,  AND  COMPUTER
PROGRAMS  FOR  RETRIEVING  DATA, CERTIFICATES OF INSURANCE PERTAINING TO
SUBCONTRACTORS AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES  OF
THE  BOARD  shall form part of the records described in this section and
shall be open to inspection in the  same  manner  as  provided  in  this
section.  Any  employer  who  shall fail to keep such records, who shall
willfully fail to furnish such record as required in this section or who
shall falsify any such records, shall be guilty  of  a  misdemeanor  and
subject  to  a  fine  of  not  less than five nor more than ten thousand
dollars in addition to any other penalties otherwise  provided  by  law,
except that any such employer that has previously been subject to crimi-
nal  penalties  under  this  section within the prior ten years shall be
guilty of a class E felony, and subject to a fine of not less  than  ten
nor  more than twenty-five thousand dollars in addition to any penalties
otherwise provided by law.
  § 5. This act shall take effect July 1, 2020.

                                 PART II

  Section 1. Section 76 of the workers' compensation law is  amended  by
adding a new subdivision 1-a to read as follows:

S. 7505                            60                            A. 9505

  1-A.  A.  THE PURPOSES OF THE STATE INSURANCE FUND ARE HEREBY ENLARGED
TO PERMIT IT TO ENTER AGREEMENTS WITH INSURERS LICENSED TO  WRITE  WORK-
ERS' COMPENSATION INSURANCE IN STATES OUTSIDE NEW YORK TO ISSUE POLICIES
TO  STATE  INSURANCE  FUND  POLICYHOLDERS  COVERING THOSE POLICYHOLDERS'
OBLIGATIONS  TO  SECURE  THE  PAYMENT  OF WORKERS' COMPENSATION BENEFITS
UNDER THE LAWS OF STATES OTHER THAN NEW YORK. THE STATE  INSURANCE  FUND
SHALL  ALSO  BE AUTHORIZED TO RECEIVE PREMIUMS INTO ITS WORKERS' COMPEN-
SATION FUND FOR POLICIES WRITTEN UNDER SUCH AGREEMENTS AND TO  PAY  FROM
SUCH  FUND: (I) REIMBURSEMENT OF ALL LOSSES AND LOSS ADJUSTMENT EXPENSES
PAID BY A LICENSED INSURER UNDER SUCH POLICIES; AND (II) FEES TO SUCH  A
LICENSED  INSURER  FOR ADMINISTERING CLAIMS AND POLICIES COVERED BY SUCH
AGREEMENTS.
  B. FOR A POLICYHOLDER TO BE ELIGIBLE FOR  INSURANCE  IN  STATES  OTHER
THAN  NEW  YORK  PROVIDED THROUGH AGREEMENTS ENTERED UNDER THIS SUBDIVI-
SION, EITHER: (I) THE POLICYHOLDER'S WORKERS' COMPENSATION PREMIUMS WITH
THE STATE INSURANCE FUND COVERING ITS EMPLOYEES UNDER THIS CHAPTER  MUST
BE  GREATER  THAN THE PREMIUMS CHARGED TO COVER THE POLICYHOLDER'S OBLI-
GATIONS TO PAY WORKERS' COMPENSATION BENEFITS  IN  ALL  STATES,  IN  THE
AGGREGATE,   OTHER   THAN   NEW  YORK;  OR  (II)  THE  PAYROLL  FOR  THE
POLICYHOLDER'S  OPERATIONS  IN  NEW  YORK  MUST  BE  GREATER  THAN   THE
POLICYHOLDER'S  PAYROLL  IN ALL STATES, IN THE AGGREGATE, OTHER THAN NEW
YORK FOR THE PRIOR POLICY PERIOD. FOR DETERMINING  ELIGIBILITY,  "PREMI-
UMS"  MEAN  ESTIMATED PREMIUMS AS DETERMINED BY THE STATE INSURANCE FUND
AT THE BEGINNING OF THE POLICY PERIOD. IN ADDITION, FOR  A  POLICYHOLDER
TO  BE  ELIGIBLE FOR INSURANCE IN STATES OTHER THAN NEW YORK THROUGH THE
STATE INSURANCE FUND, THE POLICYHOLDER MUST  MEET  THE  STATE  INSURANCE
FUND'S  UNDERWRITING  CRITERIA FOR OTHER STATES COVERAGE AS SPECIFIED BY
RULES OF THE COMMISSIONERS.
  § 2. This act shall take effect immediately.

                                 PART JJ

  Section 1. Section 9-211 of the election law is amended  by  adding  a
new subdivision 6 to read as follows:
  6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WITHIN FIFTEEN DAYS
AFTER  EACH  GENERAL, SPECIAL OR PRIMARY ELECTION CONDUCTED BY THE BOARD
OF ELECTIONS, THE BOARD OF ELECTIONS OR A BIPARTISAN COMMITTEE APPOINTED
BY SUCH BOARD SHALL CONDUCT A COMPLETE AUDIT  OF  THE  VOTER  VERIFIABLE
AUDIT  RECORDS OF EVERY VOTING MACHINE OR SYSTEM WITHIN THE JURISDICTION
OF SUCH BOARD IN THE FOLLOWING CIRCUMSTANCES:
  (I) IN A STATE-WIDE ELECTION WHERE A 0.2% MARGIN OF VICTORY EXISTS.
  (II) IN ANY PUBLIC ELECTION THAT IS NOT A STATE-WIDE ELECTION WHERE  A
0.5% MARGIN OF VICTORY EXISTS.
  (B) FOR THE PURPOSES OF THIS SECTION, MARGIN OF VICTORY SHALL MEAN THE
MARGIN  OF  VICTORY  FOR ALL VOTES CAST IN THE ENTIRE ELECTION FOLLOWING
THE INITIAL CANVASS OF VOTES.
  (C) AUDITS UNDER THIS SECTION SHALL BE PERFORMED MANUALLY.
  § 2. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to any
election held 120 days or more after such effective date.

                                 PART KK

  Section 1. Section 54-l of the state finance law, as added by  section
1  of  part  J  of  chapter  57 of 2011, paragraph b of subdivision 2 as
amended by section 1 of part X of chapter 55 of the  laws  of  2014  and

S. 7505                            61                            A. 9505

subdivision  5 as added by section 5 of part S of chapter 39 of the laws
of 2019, is amended to read as follows:
  §  54-l.  State  assistance  to  eligible cities [and eligible munici-
palities] in which a video lottery gaming facility is located. 1.  Defi-
nitions.  When used in this section, unless otherwise expressly stated:
  [a.]  "Eligible  city" shall mean a city with a population equal to or
greater than one hundred twenty-five thousand and less than one  million
in  which a video lottery gaming facility is located and operating as of
January first, two thousand nine pursuant  to  section  sixteen  hundred
seventeen-a of the tax law.
  [b. "Eligible municipality" shall mean a county, city, town or village
in  which a video lottery gaming facility is located pursuant to section
sixteen hundred seventeen-a of the tax law that is not located in a city
with a population equal to or greater than one hundred twenty-five thou-
sand.]
  2. [a.] Within the amount  appropriated  therefor,  an  eligible  city
shall  receive  an amount equal to the state aid payment received in the
state fiscal year commencing April first, two  thousand  eight  from  an
appropriation for aid to municipalities with video lottery gaming facil-
ities.
  [b.  Within the amounts appropriated therefor, eligible municipalities
shall receive an amount equal  to  seventy  percent  of  the  state  aid
payment  received  in  the state fiscal year commencing April first, two
thousand eight from an appropriation  for  aid  to  municipalities  with
video lottery gaming facilities.]
  3. [a.] State aid payments made to an eligible city pursuant to [para-
graph  a  of]  subdivision two of this section shall be used to increase
support for public schools in such city.
  [b. State aid payments made to an eligible  municipality  pursuant  to
paragraph  b  of  subdivision  two of this section shall be used by such
eligible municipality to: (i) defray local costs associated with a video
lottery gaming facility,  or  (ii)  minimize  or  reduce  real  property
taxes.]
  4.  Payments of state aid pursuant to this section shall be made on or
before June thirtieth of each state fiscal  year  to  the  chief  fiscal
officer  of each eligible city [and each eligible municipality] on audit
and warrant of the state comptroller out of moneys appropriated  by  the
legislature  for such purpose to the credit of the local assistance fund
in the general fund of the state treasury.
  [5. The town and county in which the  facility  defined  in  paragraph
five  of subdivision a of section sixteen hundred seventeen-a of the tax
law is located shall receive assistance payments made pursuant  to  this
section  at the same dollar level realized by the village of Monticello,
Sullivan county, the town of Thompson,  Sullivan  county,  and  Sullivan
county.  Each village in which the facility defined in paragraph five of
subdivision a of section sixteen hundred seventeen-a of the tax  law  is
located  shall receive assistance payments made pursuant to this section
at the rate of fifty percent of the dollar level realized by the village
of Monticello. Any payments made pursuant to this subdivision shall  not
commence  until  the facility defined in paragraph five of subdivision a
of section sixteen hundred seventeen-a  of  the  tax  law  has  realized
revenue for a period of twelve consecutive months.]
  § 2. This act shall take effect immediately.

                                 PART LL

S. 7505                            62                            A. 9505

  Section  1.  Subdivision  8 of section 239-bb of the general municipal
law, as added by section 1 of part EE of chapter 55 of the laws of 2018,
is amended to read as follows:
  8.  For  each county, new shared services actions [not included] in [a
previously] AN approved and submitted plan pursuant to this  section  or
part  BBB  of  chapter fifty-nine of the laws of two thousand seventeen,
may be eligible for funding to match savings from such  action,  subject
to  available  appropriation. Savings that are actually and demonstrably
realized by the participating local governments are eligible for  match-
ing  funding.  For actions that are part of an approved plan transmitted
to the secretary of state in accordance with paragraph b of  subdivision
seven  of this section, savings achieved [from] DURING EITHER: (I) Janu-
ary first through December thirty-first from new actions implemented  on
or  after  January first through December thirty-first of the year imme-
diately following an approved [and transmitted] plan, OR (II) JULY FIRST
OF THE YEAR IMMEDIATELY FOLLOWING AN APPROVED PLAN THROUGH JUNE  THIRTI-
ETH  OF  THE  SUBSEQUENT YEAR FROM NEW ACTIONS IMPLEMENTED JULY FIRST OF
THE YEAR IMMEDIATELY FOLLOWING AN APPROVED PLAN THROUGH  JUNE  THIRTIETH
OF  THE  SUBSEQUENT  YEAR may be eligible for matching funding. Only net
savings between local governments for each action would be eligible  for
matching funding. Savings from internal efficiencies or any other action
taken  by  a local government without the participation of another local
government are not eligible for matching funding. Each county and all of
the local governments within the county that are part of any  action  to
be  implemented  as part of an approved plan must collectively apply for
the matching funding and agree on the distribution and use of any match-
ing funding in order to qualify for matching funding.  EACH COUNTY SHALL
BE AUTHORIZED TO SUBMIT ONE CONSOLIDATED APPLICATION FOR MATCHING  FUNDS
FOR  EACH  APPROVED  AND  TRANSMITTED  PLAN. ALL ACTIONS FROM A PLAN FOR
WHICH MATCHING FUNDS WILL BE REQUESTED SHALL ADHERE TO THE SAME  TWELVE-
MONTH PERIOD BEGINNING EITHER JANUARY FIRST OR JULY FIRST. THE SECRETARY
OF  STATE  SHALL DEVELOP THE APPLICATION WITH ANY NECESSARY REQUIREMENTS
FOR RECEIPT OF STATE MATCHING FUNDS.
  § 2. This act shall take effect immediately.

                                 PART MM

  Section 1. Subdivision 1 of section 160.05 of the local  finance  law,
as  added  by  chapter  67  of  the  laws of 2013, is amended to read as
follows:
  1. There shall be a financial restructuring board  for  local  govern-
ments which shall consist of ten members: the director of the budget who
shall  be  chair  of  the  board,  the attorney general, the state comp-
troller, and the secretary of state, each of whom may designate a repre-
sentative to attend sessions of the board on his or her behalf, and  six
members  appointed  by the governor, one of whom upon the recommendation
of the temporary president of the senate, one of whom upon the recommen-
dation of the speaker of the assembly, and four other members  appointed
by the governor, one of whom shall have significant experience in munic-
ipal  financial  and restructuring matters. In making such appointments,
the governor shall consider regional diversity. Appointees  shall  serve
at the pleasure of his or her appointing authority. The appointee of the
governor  who  has  been  designated as having significant experience in
municipal financial and restructuring matters shall receive fair compen-
sation for his or her services performed pursuant to this section in  an
amount  to  be  determined by the director of the budget and all members

S. 7505                            63                            A. 9505

shall be reimbursed for all reasonable expenses actually and necessarily
incurred by him or her in the performance of  his  or  her  duties.  The
board  shall  have the power to act by an affirmative vote of a majority
of  the  total number of members PRESENT AT THE MEETING and shall render
its findings and recommendations within six months of being requested to
act by a fiscally  eligible  municipality.  The  provisions  of  section
seventeen  of  the  public  officers  law  shall apply to members of the
board. No member of the board shall be held liable for  the  performance
of  any  function  or  duty  authorized by this section. The work of the
board shall be conducted with such staff as the director of the  budget,
the  secretary  of state, the attorney general and the state comptroller
shall make available. All proceedings, meetings and  hearings  conducted
by the board shall be held in the city of Albany.
  § 2. This act shall take effect immediately.

                                 PART NN

  Section  1.  Paragraph 3 of subdivision (c) of section 1261 of the tax
law, as amended by section 9 of part SS-1 of chapter 57 of the  laws  of
2008, is amended to read as follows:
  (3) However, the taxes, penalties and interest which (i) the county of
Nassau,  (ii)  the  county  of Erie, to the extent the county of Erie is
contractually or statutorily obligated to allocate and apply or pay  net
collections  to  the  city of Buffalo and to the extent that such county
has set aside net collections for educational purposes  attributable  to
the  Buffalo school district, or the city of Buffalo or (iii) the county
of Erie is authorized to impose pursuant to section twelve  hundred  ten
of this article, other than such taxes in the amounts described, respec-
tively,  in subdivisions one and two of section one thousand two hundred
sixty-two-e of this part, during the period that such section authorizes
Nassau county to establish special or local assistance  programs  there-
under,  together  with  any  penalties and interest related thereto, and
after the comptroller has reserved such  refund  fund  and  such  costs,
shall,  commencing  on the next payment date after the effective date of
this sentence and of each month thereafter, until such date as  (i)  the
Nassau  county  interim  finance  authority  shall  have  no obligations
outstanding, or (ii) the Buffalo fiscal stability authority shall  cease
to  exist,  or  (iii)  the  Erie county fiscal stability authority shall
cease to exist, be paid by the comptroller,  respectively,  to  (i)  the
Nassau  county  interim  finance  authority  to be applied by the Nassau
county interim finance authority, or (ii) to the Buffalo fiscal stabili-
ty authority to be applied by the Buffalo fiscal stability authority, or
(iii) to the Erie county fiscal stability authority to be applied by the
Erie county fiscal stability authority, as  the  case  may  be,  in  the
following order of priority: first pursuant to the Nassau county interim
finance  authority's  contracts  with  bondholders or the Buffalo fiscal
stability authority's contracts with  bondholders  or  the  Erie  county
fiscal  stability  authority's contracts with bondholders, respectively,
then to pay the Nassau  county  interim  finance  authority's  operating
expenses  not  otherwise  provided  for  or the Buffalo fiscal stability
authority's operating expenses not otherwise provided for  or  the  Erie
county  fiscal  stability  authority's  operating expenses not otherwise
provided for, respectively, THEN  (I)  FOR  THE  NASSAU  COUNTY  INTERIM
FINANCE  AUTHORITY  TO  PAY  TO  THE STATE AS SOON AS PRACTICABLE IN THE
MONTHS OF MAY AND DECEMBER EACH YEAR, THE AMOUNT  NECESSARY  TO  FULFILL
THE TOWN AND VILLAGE DISTRIBUTION REQUIREMENT ON BEHALF OF NASSAU COUNTY

S. 7505                            64                            A. 9505

PURSUANT  TO  PARAGRAPH  FIVE-A  OF  THIS  SUBDIVISION,  OR (II) FOR THE
BUFFALO FISCAL STABILITY AUTHORITY TO PAY TO THE STATE AS SOON AS  PRAC-
TICABLE  IN  THE MONTHS OF MAY AND DECEMBER EACH YEAR, THE PERCENTAGE OF
THE  AMOUNT  NECESSARY  TO  FULFILL  THE  TOWN  AND VILLAGE DISTRIBUTION
REQUIREMENT ON BEHALF OF ERIE COUNTY PURSUANT  TO  PARAGRAPH  FIVE-A  OF
THIS  SUBDIVISION  THAT  EQUATES  TO  THE  PERCENTAGE  OF THE COUNTY NET
COLLECTIONS THAT THE  CITY  OF  BUFFALO  AND  THE  BUFFALO  CITY  SCHOOL
DISTRICT, TOGETHER, ARE DUE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR,
OR  (III)  FOR  THE ERIE COUNTY FISCAL STABILITY AUTHORITY TO PAY TO THE
STATE AS SOON AS PRACTICABLE IN THE MONTHS  OF  MAY  AND  DECEMBER  EACH
YEAR,  THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION
REQUIREMENT ON BEHALF OF ERIE COUNTY PURSUANT  TO  PARAGRAPH  FIVE-A  OF
THIS SUBDIVISION, LESS THE AMOUNT BEING PAID TO THE STATE BY THE BUFFALO
FISCAL STABILITY AUTHORITY IN EACH RESPECTIVE MONTH, and then (i) pursu-
ant to the Nassau county interim finance authority's agreements with the
county  of  Nassau,  which  agreements  shall  require the Nassau county
interim finance authority to transfer such taxes, penalties and interest
remaining after providing for contractual or other  obligations  of  the
Nassau  county  interim  finance authority, and subject to any agreement
between such authority and the county of Nassau, to the county of Nassau
as frequently as practicable; or (ii) pursuant  to  the  Buffalo  fiscal
stability  authority's agreements with the city of Buffalo, which agree-
ments shall require the Buffalo fiscal stability authority  to  transfer
such  taxes,  penalties  and  interest  remaining  after  providing  for
contractual or other obligations of the Buffalo fiscal stability author-
ity, and subject to any agreement between such authority and the city of
Buffalo, to the city of Buffalo or the city of Buffalo school  district,
as  the  case may be, as frequently as practicable; or (iii) pursuant to
the Erie county fiscal stability authority's agreements with the  county
of Erie, which agreements shall require the Erie county fiscal stability
authority to transfer such taxes, penalties and interest remaining after
providing for contractual or other obligations of the Erie county fiscal
stability authority, and subject to any agreement between such authority
and the county of Erie, to the county of Erie as frequently as practica-
ble. During the period that the comptroller is required to make payments
to the Nassau county interim finance authority described in the previous
sentence, the county of Nassau shall have no right, title or interest in
or  to  such  taxes,  penalties  and interest required to be paid to the
Nassau county interim finance authority,  except  as  provided  in  such
authority's agreements with the county of Nassau. During the period that
the  comptroller  is  required  to  make  payments to the Buffalo fiscal
stability authority described in the second previous sentence, the  city
of Buffalo and such school district shall have no right, title or inter-
est  in  or to such taxes, penalties and interest required to be paid to
the Buffalo fiscal stability  authority,  except  as  provided  in  such
authority's  agreements with the city of Buffalo. During the period that
the comptroller is required to make payments to the Erie  county  fiscal
stability authority described in the third previous sentence, the county
of  Erie  shall  have  no  right, title or interest in or to such taxes,
penalties and interest required to be paid to  the  Erie  county  fiscal
stability  authority,  except as provided in such authority's agreements
with the county of Erie.
  § 2. Paragraph 5-a of subdivision (c) of section 1261 of the tax  law,
as  added by section 3 of part PPP of chapter 59 of the laws of 2019, is
amended to read as follows:

S. 7505                            65                            A. 9505

  (5-a) However, after the comptroller has  made  the  payments  TO  THE
NASSAU  COUNTY  INTERIM  FINANCE AUTHORITY, THE BUFFALO FISCAL STABILITY
AUTHORITY, AND THE ERIE COUNTY FISCAL STABILITY  AUTHORITY  required  by
[paragraphs  two,]  PARAGRAPH  three [and five] of this subdivision, for
each  municipality that received a base level grant in state fiscal year
two thousand eighteen-two thousand nineteen but not in state fiscal year
two thousand nineteen-two thousand twenty under the aid  and  incentives
for  municipalities  program  pursuant  to  subdivision  ten  of section
fifty-four of the state finance  law,  the  comptroller  shall  annually
withhold  FROM  EACH  COUNTY  EXCEPT  NASSAU AND ERIE from the remaining
taxes, penalties and interest imposed by the county in which a  majority
of  the population of such municipality resides, AND ON BEHALF OF NASSAU
AND ERIE COUNTIES THE COMPTROLLER SHALL ANNUALLY RECEIVE FROM THE NASSAU
COUNTY INTERIM FINANCE AUTHORITY, THE BUFFALO FISCAL STABILITY  AUTHORI-
TY,  AND  THE ERIE COUNTY FISCAL STABILITY AUTHORITY, an amount equal to
the base level grant received by such municipality in state fiscal  year
two  thousand eighteen-two thousand nineteen and shall annually distrib-
ute, by December fifteenth, two thousand nineteen and by such date annu-
ally thereafter, such amount directly to such municipality, unless  such
municipality has a fiscal year ending May thirty-first, then such annual
distribution  shall be made by May fifteenth, two thousand twenty and by
such date annually thereafter. No county shall have any right, title  or
interest in or to the taxes, penalties and interest required to be with-
held [and] OR distributed pursuant to this paragraph.
  §  3.  Subdivision 5 of section 3657 of the public authorities law, as
added by chapter 84 of the laws of 2000, is amended to read as follows:
  5. Tax revenues received by the authority pursuant to  section  twelve
hundred  sixty-one  of  the  tax  law,  together with any other revenues
received by the authority, shall be applied in the  following  order  of
priority:  first pursuant to the authority's contracts with bondholders,
then to pay the authority's operating expenses  not  otherwise  provided
for, THEN TO PAY TO THE STATE PURSUANT TO PARAGRAPH THREE OF SUBDIVISION
(C)  OF  SECTION  TWELVE  HUNDRED  SIXTY-ONE  OF  THE TAX LAW, and then,
subject to the authority's agreements with the county, to  transfer  the
balance  of  such tax revenues not required to meet contractual or other
obligations of the authority to the county as frequently as practicable.
  § 4. Subdivision 5 of section 3865 of the public authorities  law,  as
amended  by  chapter  86  of  the  laws  of  2004, is amended to read as
follows:
  5. Revenues of the authority shall be applied in the  following  order
of  priority:  first  to  pay debt service or for set asides to pay debt
service on the authority's bonds, notes, or  other  obligations  and  to
replenish  any  reserve  funds securing such bonds, notes or other obli-
gations of the authority, in accordance with the provision of any inden-
ture or bond resolution of the authority; then to  pay  the  authority's
operating  expenses not otherwise provided for; THEN TO PAY TO THE STATE
PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED
SIXTY-ONE OF THE TAX LAW; and then, subject to the authority's agreement
with the city, for itself or on behalf of the  city's  dependent  school
district  and  any other covered organization, to transfer as frequently
as practicable the balance of revenues not required to meet  contractual
or  other obligations of the authority to the city or the city's depend-
ent school district as provided in subdivision seven of this section.
  § 5. Subdivision 5 of section 3965 of the public authorities  law,  as
added by chapter 182 of the laws of 2005, is amended to read as follows:

S. 7505                            66                            A. 9505

  5.  Revenues  of the authority shall be applied in the following order
of priority: first to pay debt service or for set  asides  to  pay  debt
service  on  the  authority's  bonds, notes, or other obligations and to
replenish any reserve funds securing such bonds, notes  or  other  obli-
gations  of  the authority in accordance with the provision of indenture
or bond resolution of the authority; then to pay the authority's operat-
ing expenses not otherwise provided for; THEN TO PAY TO THE STATE PURSU-
ANT TO PARAGRAPH THREE OF SUBDIVISION  (C)  OF  SECTION  TWELVE  HUNDRED
SIXTY-ONE  OF  THE  TAX LAW; and then, subject to the authority's agree-
ments with the county for itself or on behalf of any  covered  organiza-
tion  to  transfer  as frequently as practicable the balance of revenues
not required to meet contractual or other obligations of  the  authority
to the county as provided in subdivision seven of this section.
  § 6. This act shall take effect immediately.

                                 PART OO

  Section  1.  Section  217  of  the  county  law  is amended to read as
follows:
  § 217. County jail. Each county shall continue to  maintain  a  county
jail  as  prescribed  by  law; PROVIDED, HOWEVER, THIS SECTION SHALL NOT
PROHIBIT COUNTIES FROM JOINTLY MAINTAINING A COUNTY JAIL PURSUANT  TO  A
SHARED SERVICES AGREEMENT.
  §  2.  Subdivision 1 of section 500-a of the correction law is amended
by adding a new paragraph (h) to read as follows:
  (H) NOTWITHSTANDING ANY OTHER LAW TO THE  CONTRARY,  NOTHING  IN  THIS
SUBDIVISION  SHALL  PROHIBIT  COUNTIES FROM JOINTLY MAINTAINING A COUNTY
JAIL PURSUANT TO A SHARED SERVICES AGREEMENT.
  § 3. Subdivision 1 of section 500-c of the correction law, as added by
chapter 907 of the laws of 1984, is amended to read as follows:
  1. Except as provided in subdivision two of this section, the  sheriff
of  each  county  shall  have custody of the county jail of such county;
PROVIDED HOWEVER, THAT FOR COUNTIES JOINTLY MAINTAINING  A  COUNTY  JAIL
PURSUANT  TO  A  SHARED SERVICES AGREEMENT, THE SHERIFF OF THE COUNTY IN
WHICH SUCH JAIL IS LOCATED SHALL CONSULT WITH THE SHERIFF OF ANY  COUNTY
USING THE JAIL PURSUANT TO A SHARED SERVICES AGREEMENT.
  §  4.  Section 500 of the correction law, as amended by chapter 131 of
the laws of 2014, is amended to read as follows:
  § 500. Application of article. The provisions of  this  article  shall
apply to any all local correctional facilities as defined by subdivision
sixteen  of  section  two  of this chapter AND SHALL APPLY TO ANY COUNTY
JAIL MAINTAINED BY MORE THAN ONE COUNTY PURSUANT TO  A  SHARED  SERVICES
AGREEMENT.
  §  5. Subdivision 2 of section 40 of the correction law, as amended by
chapter 247 of the laws of 2018, is amended to read as follows:
  2. "Local correctional facility" means any jail, penitentiary,  state,
county or municipal lockup, court detention pen, hospital prison ward or
specialized  secure juvenile detention facility for older youth, OR JAIL
JOINTLY MAINTAINED BY MORE THAN ONE COUNTY PURSUANT TO A SHARED SERVICES
AGREEMENT.
  § 6. Subdivision 1 of section 751 of the judiciary law, as amended  by
chapter 399 of the laws of 1988, is amended to read as follows:
  1. Except as provided in subdivisions (2), (3) and (4), punishment for
a  contempt,  specified  in section seven hundred fifty, may be by fine,
not exceeding one thousand dollars, or by  imprisonment,  not  exceeding
thirty  days,  in  the jail of the county where the court is sitting, or

S. 7505                            67                            A. 9505

both, in the discretion of the court. IF THE COUNTY JAIL  IN  WHICH  THE
COURT  IS  SITTING HAS ENTERED INTO A SHARED SERVICES AGREEMENT TO MAIN-
TAIN A JOINT COUNTY JAIL, THE PERSON MAY BE  IMPRISONED  IN  A  JAIL  IN
ANOTHER  COUNTY  THAT IS A PARTY TO THAT AGREEMENT. Where the punishment
for contempt is based on a violation of an order  of  protection  issued
under  section 530.12 or 530.13 of the criminal procedure law, imprison-
ment may be for a term not exceeding three months.  Where  a  person  is
committed  to  jail,  for  the  nonpayment of a fine, imposed under this
section, he must be discharged at the expiration  of  thirty  days;  but
where  he is also committed for a definite time, the thirty days must be
computed from the expiration of the definite time.
  Such a contempt, committed in the immediate view and presence  of  the
court,  may  be  punished  summarily;  when  not so committed, the party
charged must be notified of the accusation, and have a  reasonable  time
to make a defense.
  §  7. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 500-c of the correction  law  made  by
section  three  of  this act shall not affect the repeal of such section
and shall be deemed repealed therewith.

                                 PART PP

  Section 1. Subparagraph 9 of paragraph d of subdivision 5 of part B of
section 236 of the domestic relations law, as amended by chapter 281  of
the  laws  of 1980 and as renumbered by chapter 229 of the laws of 2009,
is amended to read as follows:
  (9) the probable future financial circumstances of each party  INCLUD-
ING  ACTS  OF  DOMESTIC  VIOLENCE  AS  PROVIDED  IN SECTION FOUR HUNDRED
FIFTY-NINE-A OF THE SOCIAL SERVICES LAW BY  ONE  PARTY  AGAINST  ANOTHER
THAT HAVE INHIBITED OR CONTINUE TO INHIBIT A PARTY'S EARNING CAPACITY OR
ABILITY TO OBTAIN MEANINGFUL EMPLOYMENT;
  §  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

                                 PART QQ

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 3 to read as follows:
  §  3. PAY EQUITY.  1. IN ORDER TO ATTRACT UNUSUAL MERIT AND ABILITY TO
THE SERVICE OF PUBLIC AUTHORITIES IN THE STATE OF NEW YORK, TO STIMULATE
HIGHER EFFICIENCY AMONG THE PERSONNEL, TO PROVIDE SKILLED LEADERSHIP  IN
ADMINISTRATION,  TO  REWARD  MERIT  AND  TO INSURE THE HIGHEST RETURN IN
SERVICES FOR  THE  NECESSARY  COSTS  OF  ADMINISTRATION,  IT  IS  HEREBY
DECLARED  THAT  PUBLIC  AUTHORITIES  SHALL,  CONSISTENT WITH THE FEDERAL
EQUAL PAY ACT OF 1963 (29 U.S.C. § 206), THE FEDERAL  CIVIL  RIGHTS  ACT
(42 U.S.C. § 2000E-2), ARTICLE FIFTEEN OF THE EXECUTIVE LAW, AND SECTION
FORTY-C  OF THE CIVIL RIGHTS LAW, ENSURE A FAIR, NON-BIASED COMPENSATION
STRUCTURE FOR ALL EMPLOYEES IN WHICH STATUS WITHIN ONE OR MORE PROTECTED
CLASS OR CLASSES IS NOT CONSIDERED  EITHER  DIRECTLY  OR  INDIRECTLY  IN
DETERMINING  THE  PROPER  COMPENSATION FOR A TITLE OR IN DETERMINING THE
PAY FOR ANY INDIVIDUAL OR GROUP OF EMPLOYEES, ENSURE  THAT  NO  EMPLOYEE
WITH  STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES SHALL BE PAID
A WAGE AT A RATE LESS THAN THE RATE AT WHICH AN EMPLOYEE WITHOUT  STATUS
WITHIN  THE SAME PROTECTED CLASS OR CLASSES IN THE SAME ESTABLISHMENT IS
PAID FOR SIMILAR WORK OR SUBSTANTIALLY SIMILAR WORK AND PROVIDE  REGULAR

S. 7505                            68                            A. 9505

INCREASES  IN  PAY IN PROPER PROPORTION TO INCREASE OF ABILITY, INCREASE
OF OUTPUT AND INCREASE OF QUALITY OF WORK DEMONSTRATED IN SERVICE.
  2. FOR THE PURPOSE OF THIS SECTION:
  (A)  THE  TERM  "PROTECTED  CLASS"  INCLUDES  AGE, RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR  EXPRESSION,
MILITARY  STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS,
FAMILIAL STATUS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, AND
ANY EMPLOYEE PROTECTED FROM DISCRIMINATION PURSUANT TO  PARAGRAPHS  (A),
(B), AND (C) OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINETY-SIX OF THE
EXECUTIVE  LAW, AND ANY INTERN PROTECTED FROM DISCRIMINATION PURSUANT TO
SECTION TWO HUNDRED NINETY-SIX-C OF THE EXECUTIVE LAW.
  (B) THE TERM "COMPENSATION" SHALL INCLUDE BUT NOT BE LIMITED TO:   ALL
EARNINGS  OF  AN  EMPLOYEE FOR LABOR OR SERVICES RENDERED, REGARDLESS OF
WHETHER THE AMOUNT OF EARNINGS IS PAID  ON  AN  ANNUAL  SALARY,  HOURLY,
BIWEEKLY  OR PER DIEM BASIS; REIMBURSEMENT FOR EXPENSES; HEALTH, WELFARE
AND RETIREMENT BENEFITS; AND VACATION PAY, SICK PAY, SEPARATION OR HOLI-
DAY PAY, OR ANY OTHER FORM OF REMUNERATION.
  (C) EMPLOYEES SHALL BE DEEMED TO WORK IN THE SAME ESTABLISHMENT IF THE
EMPLOYEES WORK FOR THE SAME EMPLOYER AT WORKPLACES LOCATED IN  THE  SAME
GEOGRAPHICAL  REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPU-
LATION DISTRIBUTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE  OF  MUNICI-
PALITIES.
  (D)  THE TERM "PUBLIC AUTHORITIES" SHALL MEAN ANY AUTHORITY AS DEFINED
IN SECTION TWO OF THIS TITLE.
  3. (A) IT SHALL NOT BE A VIOLATION OF THIS SECTION FOR AN EMPLOYER  TO
PAY  DIFFERENT  COMPENSATION  TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE
PURSUANT TO:
  (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (2) A BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY  OR  QUALITY
OF PRODUCTION;
  (3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS;
  (4)  ANY  OTHER  BONA FIDE FACTOR OTHER THAN STATUS WITHIN ONE OR MORE
PROTECTED CLASS OR CLASSES, SUCH AS EDUCATION, TRAINING, OR  EXPERIENCE.
SUCH  FACTOR: (A) SHALL NOT BE BASED UPON OR DERIVED FROM A DIFFERENTIAL
IN COMPENSATION BASED ON STATUS WITHIN ONE OR MORE  PROTECTED  CLASS  OR
CLASSES;  AND  (B)  SHALL BE JOB-RELATED WITH RESPECT TO THE POSITION IN
QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION
UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES  (I)
THAT  AN  EMPLOYER  USES  A PARTICULAR EMPLOYMENT PRACTICE THAT CAUSES A
DISPARATE IMPACT ON THE BASIS OF STATUS WITHIN  ONE  OR  MORE  PROTECTED
CLASS  OR  CLASSES,  (II) THAT AN ALTERNATIVE EMPLOYMENT PRACTICE EXISTS
THAT WOULD SERVE THE SAME PURPOSE AND NOT PRODUCE SUCH DIFFERENTIAL, AND
(III) THAT THE EMPLOYER HAS REFUSED TO ADOPT SUCH ALTERNATIVE  PRACTICE;
OR
  (5) A COLLECTIVE BARGAINING AGREEMENT.
  (B)  FOR  THE  PURPOSE OF PARAGRAPH (A) OF THIS SUBDIVISION, "BUSINESS
NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST  RELATION-
SHIP TO THE EMPLOYMENT IN QUESTION.
  (C)  NOTHING  SET  FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE  TO  EMPLOYEES
THROUGH  COLLECTIVE  BARGAINING  AGREEMENTS,  OR  OTHERWISE DIMINISH THE
INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  § 2. This act shall take effect immediately.

                                 PART RR

S. 7505                            69                            A. 9505

  Section 1. The opening paragraph of subdivision 1 of  section  812  of
the  family court act, as amended by chapter 109 of the laws of 2019, is
amended to read as follows:
  The  family court and the criminal courts shall have concurrent juris-
diction over any  proceeding  concerning  acts  which  would  constitute
disorderly conduct, unlawful dissemination or publication of an intimate
image,  harassment in the first degree, harassment in the second degree,
aggravated harassment in the second degree, sexual misconduct,  forcible
touching,  sexual  abuse in the third degree, sexual abuse in the second
degree as set forth in subdivision one of section 130.60  of  the  penal
law, stalking in the first degree, stalking in the second degree, stalk-
ing  in  the  third  degree,  stalking  in  the  fourth degree, criminal
mischief, menacing in the second degree, menacing in the  third  degree,
reckless endangerment, criminal obstruction of breathing or blood circu-
lation,  strangulation  in the second degree, strangulation in the first
degree, assault in the second degree, assault in the  third  degree,  an
attempted assault, identity theft in the first degree, identity theft in
the  second degree, identity theft in the third degree, grand larceny in
the fourth degree, grand larceny in the third degree,  coercion  in  the
second  degree  or coercion in the third degree as set forth in subdivi-
sions one, two and three of section 135.60  of  the  penal  law  between
spouses  or  former  spouses,  or  between  parent  and child or between
members of the same family or household except that  if  the  respondent
would not be criminally responsible by reason of age pursuant to section
30.00  of  the  penal  law,  then  the family court shall have exclusive
jurisdiction  over  such  proceeding.  Notwithstanding  a  complainant's
election  to  proceed  in  family court, the criminal court shall not be
divested of jurisdiction to hear a family offense proceeding pursuant to
this section.  THE FAMILY COURT MAY ALSO ISSUE AN  ORDER  OF  PROTECTION
BASED  ON  ANY  CIRCUMSTANCES THAT THE COURT DETERMINES REQUIRE AN ORDER
FOR THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
SECTION. In any proceeding pursuant to this article, a court  shall  not
deny  an order of protection, or dismiss a petition, solely on the basis
that the acts or events alleged are not relatively contemporaneous  with
the  date  of  the  petition,  the conclusion of the fact-finding or the
conclusion of the dispositional hearing. For purposes of  this  article,
"disorderly  conduct" includes disorderly conduct not in a public place.
For purposes of this article, "members of the same family or  household"
shall mean the following:
  § 2. Paragraph (a) of subdivision 1 of section 821 of the family court
act,  as  amended  by  section 6 of part NN of chapter 55 of the laws of
2018, is amended to read as follows:
  (a) An allegation that: (I) the respondent assaulted or  attempted  to
assault  his  or  her  spouse,  or former spouse, parent, child or other
member of the same family or household or engaged in disorderly conduct,
harassment, sexual misconduct, forcible touching, sexual  abuse  in  the
third degree, sexual abuse in the second degree as set forth in subdivi-
sion  one  of  section  130.60  of  the  penal  law,  stalking, criminal
mischief,  menacing,  reckless  endangerment,  criminal  obstruction  of
breathing  or  blood  circulation,  strangulation, identity theft in the
first degree, identity theft in the second degree, identity theft in the
third degree, grand larceny in the fourth degree, grand larceny  in  the
third  degree,  coercion  in  the second degree or coercion in the third
degree as set forth in subdivisions one, two and three of section 135.60
of the penal law, toward any such person; OR (II) THE RESPONDENT IS  THE
SPOUSE,  OR  FORMER  SPOUSE,  PARENT,  CHILD OR OTHER MEMBER OF THE SAME

S. 7505                            70                            A. 9505

FAMILY OR HOUSEHOLD AS  THE  PETITIONER  AND  CIRCUMSTANCES  EXIST  THAT
REQUIRE AN ORDER OF PROTECTION FOR THE PURPOSES ESTABLISHED IN PARAGRAPH
(B) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED TWELVE OF THIS ARTICLE;
  §  3. Subdivision 3-a of section 530.12 of the criminal procedure law,
as added by chapter 186 of the laws of  1997,  is  amended  to  read  as
follows:
  3-a.  Emergency  powers  when family court not in session; issuance of
temporary orders of protection. Upon the request of  the  petitioner,  a
local criminal court may on an ex parte basis issue a temporary order of
protection  pending  a  hearing  in  family court, provided that a sworn
affidavit, verified in accordance with subdivision one of section 100.30
of this chapter, is submitted: (i) alleging that the family court is not
in session; (ii) alleging that: (A) a  family  offense,  as  defined  in
subdivision  one of section eight hundred twelve of the family court act
and subdivision one of section 530.11 of this article, has been  commit-
ted;  OR (B) CIRCUMSTANCES EXIST THAT REQUIRE AN ORDER OF PROTECTION FOR
THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF  SECTION
EIGHT  HUNDRED  TWELVE  OF  THE  FAMILY COURT ACT; THE RESPONDENT IS THE
SPOUSE, OR FORMER SPOUSE, PARENT, CHILD OR  OTHER  MEMBER  OF  THE  SAME
FAMILY  OR  HOUSEHOLD  AS  THE  PETITIONER  AND CIRCUMSTANCES EXIST THAT
REQUIRE AN ORDER OF PROTECTION FOR THE PURPOSES ESTABLISHED IN PARAGRAPH
(B) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED  TWELVE  OF  THE  FAMILY
COURT  ACT; (iii) alleging that a family offense petition has been filed
or will be filed in family court  on  the  next  day  the  court  is  in
session;  and (iv) showing good cause. Upon appearance in a local crimi-
nal court, the petitioner shall be advised that he or she  may  continue
with the proceeding either in family court or upon the filing of a local
criminal  court  accusatory  instrument  in criminal court or both. Upon
issuance of a temporary order of protection  where  petitioner  requests
that  it  be  returnable in family court, the local criminal court shall
transfer the matter forthwith to the family court  and  shall  make  the
matter returnable in family court on the next day the family court is in
session, or as soon thereafter as practicable, but in no event more than
four  calendar  days  after  issuance  of  the order. The local criminal
court, upon issuing a temporary order of protection returnable in family
court pursuant to this subdivision,  shall  immediately  forward,  in  a
manner  designed  to  insure  arrival  before the return date set in the
order, a copy of the temporary order of protection and  sworn  affidavit
to  the family court and shall provide a copy of such temporary order of
protection to the petitioner; provided, however, that where  a  copy  of
the  temporary  order of protection and affidavit are transmitted to the
family court by facsimile or other electronic means, the original  order
and  affidavit shall be forwarded to the family court immediately there-
after. Any temporary order of protection issued pursuant to this  subdi-
vision  shall  be issued to the respondent, and copies shall be filed as
required in subdivisions six and eight of this  section  for  orders  of
protection  issued  pursuant  to  this  section.  Any temporary order of
protection issued pursuant to this subdivision shall plainly  state  the
date  that  such order expires which, in the case of an order returnable
in family court, shall be not more than four  calendar  days  after  its
issuance, unless sooner vacated or modified by the family court. A peti-
tioner  requesting  a temporary order of protection returnable in family
court pursuant to this subdivision in a case in  which  a  family  court
petition  has not been filed shall be informed that such temporary order
of protection shall expire as provided for herein, unless the petitioner
files a petition pursuant to subdivision one of  section  eight  hundred

S. 7505                            71                            A. 9505

twenty-one of the family court act on or before the return date in fami-
ly  court and the family court issues a temporary order of protection or
order of protection as authorized under  article  eight  of  the  family
court  act.  Nothing  in  this  subdivision  shall limit or restrict the
petitioner's right to proceed directly and  without  court  referral  in
either  a  criminal or family court, or both, as provided for in section
one hundred fifteen of the family court act and section 100.07  of  this
chapter.
  § 4. This act shall take effect immediately.

                                 PART SS

  Section  1.  The  election  law  is  amended  by  adding a new section
14-116-a to read as follows:
  §  14-116-A.  RESTRICTION  ON  CONTRIBUTIONS  FROM  FOREIGN-INFLUENCED
CORPORATIONS OR ENTITIES.  1. NO CORPORATION, LIMITED LIABILITY COMPANY,
JOINT-STOCK ASSOCIATION OR OTHER CORPORATE ENTITY DOING BUSINESS IN THIS
STATE  THAT  IS  FOREIGN-INFLUENCED,  NOR  ANY  FOREIGN  NATIONAL, SHALL
DIRECTLY OR INDIRECTLY PAY OR USE OR OFFER, CONSENT OR AGREE TO  PAY  OR
USE  ANY MONEY OR PROPERTY FOR OR IN AID OF ANY POLITICAL PARTY, COMMIT-
TEE OR ORGANIZATION, OR FOR, OR IN  AID  OF,  ANY  CORPORATION,  LIMITED
LIABILITY  COMPANY,  JOINT-STOCK,  OTHER ASSOCIATION, OR OTHER CORPORATE
ENTITY ORGANIZED OR MAINTAINED FOR POLITICAL PURPOSES, OR FOR, OR IN AID
OF, ANY CANDIDATE FOR  POLITICAL  OFFICE  OR  FOR  NOMINATION  FOR  SUCH
OFFICE,  OR  FOR ANY POLITICAL PURPOSE WHATSOEVER, OR FOR THE REIMBURSE-
MENT OR INDEMNIFICATION OF ANY PERSON FOR MONEYS OR  PROPERTY  SO  USED.
ANY OFFICER, DIRECTOR, STOCK-HOLDER, MEMBER, OWNER, ATTORNEY OR AGENT OF
ANY  CORPORATION,  LIMITED LIABILITY COMPANY, JOINT-STOCK ASSOCIATION OR
OTHER CORPORATE ENTITY WHICH VIOLATES ANY  OF  THE  PROVISIONS  OF  THIS
SECTION,  WHO PARTICIPATES IN, AIDS, ABETS OR ADVISES OR CONSENTS TO ANY
SUCH VIOLATIONS, AND ANY PERSON WHO SOLICITS OR KNOWINGLY  RECEIVES  ANY
MONEY  OR  PROPERTY  IN  VIOLATION OF THIS SECTION, SHALL BE GUILTY OF A
MISDEMEANOR. ANY SUCH CONTRIBUTION MAY RESULT IN  THE  ASSESSMENT  OF  A
CIVIL  FINE,  NOT  TO  EXCEED  TEN THOUSAND DOLLARS PER CONTRIBUTION, IN
ADDITION TO ANY OTHER PENALTIES UNDER THE LAW.
  2. FOR PURPOSES OF THIS SECTION, "FOREIGN-INFLUENCED" SHALL  MEAN  ANY
ENTITY FOR WHICH AT LEAST ONE OF THE FOLLOWING CONDITIONS IS MET:
  (A)  A SINGLE FOREIGN NATIONAL HOLDS, OWNS, CONTROLS, OR OTHERWISE HAS
DIRECT OR INDIRECT BENEFICIAL OWNERSHIP OF FIVE PERCENT OR MORE  OF  THE
TOTAL  EQUITY,  OUTSTANDING  VOTING  SHARES,  MEMBERSHIP UNITS, OR OTHER
APPLICABLE OWNERSHIP INTEREST IN THE  ENTITY  MAKING  THE  CONTRIBUTION,
EXPENDITURE OR PAYMENT; OR
  (B)  TWO  OR MORE FOREIGN NATIONALS, IN AGGREGATE, HOLD, OWN, CONTROL,
OR OTHERWISE HAVE DIRECT OR INDIRECT BENEFICIAL OWNERSHIP OF TEN PERCENT
OR MORE OF THE TOTAL EQUITY OUTSTANDING VOTING SHARES, MEMBERSHIP UNITS,
OR OTHER APPLICABLE OWNERSHIP INTEREST OF THE ENTITY; OR
  (C) ONE OR MORE FOREIGN NATIONALS, IN AGGREGATE, HOLD  MORE  THAN  TEN
PERCENT  OF THE BOARD OF DIRECTOR SEATS IN THE ENTITY'S GOVERNING BOARD;
OR
  (D) A FOREIGN NATIONAL PARTICIPATES  DIRECTLY  OR  INDIRECTLY  IN  THE
ENTITY'S  DECISION-MAKING PROCESS WITH RESPECT TO THE ENTITY'S POLITICAL
ACTIVITIES IN THE UNITED STATES, INCLUDING THE ENTITY'S POLITICAL ACTIV-
ITIES WITH RESPECT TO A COVERED ELECTION.
  3. FOR PURPOSES OF THIS SECTION, "FOREIGN  NATIONAL"  SHALL  HAVE  THE
SAME  MEANING  AS  THE  TERM DEFINED IN SUBSECTION B OF SECTION 30121 OF

S. 7505                            72                            A. 9505

TITLE 52 OF THE UNITED STATES CODE,  INCLUDING  BUT  NOT  LIMITED  TO  A
FOREIGN GOVERNMENT OR A FOREIGN PRINCIPAL.
  § 2. This act shall take effect June 1, 2020.

                                 PART TT

  Section  1. Section 10 of the public officers law, as amended by chap-
ter 29 of the laws of 1977, is amended to read as follows:
  § 10. Official oaths.  1. Every officer shall take and file  the  oath
of  office  required  by  law, and every judicial officer of the unified
court system, in addition, shall file a copy of said oath in the  office
of  court  administration, before he shall be entitled to enter upon the
discharge of any of his official duties. An oath of office may be admin-
istered by a judge of the court of appeals, the attorney general, or  by
any  officer authorized to take, within the state, the acknowledgment of
the execution of a deed of real property, or  by  an  officer  in  whose
office  the  oath  is  required  to  be  filed or by his duly designated
assistant, or may be administered to any member of a body  of  officers,
by  a  presiding officer or clerk, thereof, who shall have taken an oath
of office. An oath of office may be administered to any state  or  local
officer  who is a member of the armed forces of the United States by any
commissioned officer, in active service, of  the  armed  forces  of  the
United  States.  In  addition  to the requirements of any other law, the
certificate of the officer in the armed forces administering the oath of
office under this section shall state (a) the rank of the officer admin-
istering the oath, and (b) that the person taking the oath  was  at  the
time,  enlisted,  inducted,  ordered or commissioned in or serving with,
attached to or accompanying the armed forces of the United  States.  The
fact  that  the  officer  administering  the  oath  was at the time duly
commissioned and in active service  with  the  armed  forces,  shall  be
certified by the secretary of the army, secretary of the air force or by
the  secretary of the navy, as the case may be, of the United States, or
by a person designated by him to make such certifications, but the place
where such oath was administered need not  be  disclosed.  The  oath  of
office of a notary public or commissioner of deeds shall be filed in the
office  of the clerk of the county in which he shall reside. The oath of
office of every state officer shall be filed in the office of the secre-
tary of state; of every officer of a municipal corporation, including  a
school  district,  with  the  clerk thereof; and of every other officer,
including the trustees and officers of a public library and the officers
of boards of cooperative educational services,  in  the  office  of  the
clerk  of  the county in which he shall reside, if no place be otherwise
provided by law for the filing thereof.
  2. THE OATH OF OFFICE OF A STATEWIDE ELECTED OFFICIAL, MEMBER  OF  THE
LEGISLATURE,  HEAD  OF A STATE AGENCY OR ELECTED LOCAL OFFICIAL, AS SUCH
TERMS ARE USED IN SECTION SEVENTY-THREE-A  OF  THIS  CHAPTER,  SHALL  BE
FILED  TOGETHER  WITH  A  CERTIFICATION THAT SUCH OFFICIAL WILL ANNUALLY
FILE HIS OR HER NEW YORK STATE INCOME TAX RETURN WITH THE JOINT  COMMIS-
SION  ON  PUBLIC  ETHICS  AS REQUIRED BY SECTION SEVENTY-THREE-A OF THIS
CHAPTER.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (E)  OF  SECTION
SIX  HUNDRED  NINETY-SEVEN OF THE TAX LAW, SUCH CERTIFICATION SHALL ALSO
CONSTITUTE AUTHORIZATION FOR THE DEPARTMENT OF TAXATION AND  FINANCE  TO
DISCLOSE  TO THE JOINT COMMISSION ON PUBLIC ETHICS ANY INCOME TAX RETURN
FILED WITH SUCH DEPARTMENT THAT WAS  REQUIRED  TO  BE  FILED  WITH  SUCH
COMMISSION  PURSUANT  TO  SECTION  SEVENTY-THREE-A  OF THIS CHAPTER UPON

S. 7505                            73                            A. 9505

NOTIFICATION BY SUCH COMMISSION THAT SUCH RETURN WAS  NOT  FILED  AS  SO
REQUIRED.
  §  2.  Section  13  of  the  public officers law is amended to read as
follows:
  § 13. Notice of neglect to file oath or undertaking.  The  officer  or
body making the appointment or certificate of election of a public offi-
cer shall, if the officer be required to give an official undertaking to
be  filed  in an office other than that in which the written appointment
or certificate of election is to be filed, forthwith give written notice
of such appointment or election to  the  officer  in  whose  office  the
undertaking  is  to be filed. THE OFFICER OR BODY MAKING THE APPOINTMENT
OR CERTIFICATE OF ELECTION OF A STATEWIDE ELECTED  OFFICIAL,  MEMBER  OF
THE  LEGISLATURE,  HEAD  OF A STATE AGENCY OR ELECTED LOCAL OFFICIAL, AS
SUCH TERMS ARE USED IN SECTION SEVENTY-THREE-A OF  THIS  CHAPTER,  SHALL
ALSO  FORTHWITH  GIVE  WRITTEN NOTICE OF SUCH APPOINTMENT OR ELECTION TO
THE JOINT COMMISSION ON PUBLIC ETHICS. If  any  officer  shall  neglect,
within  the  time required by law, to take and file an official oath, or
execute and file an official undertaking, the officer, with whom  or  in
whose  office  such  oath  or undertaking is required to be filed, shall
forthwith give notice of such neglect, if of an appointive  officer,  to
the authority appointing such officer; if of an elective officer, to the
officer,  board  or body authorized to fill a vacancy in such office, if
any, or if none and a vacancy in the office may be filled by  a  special
election,  to  the  officer,  board  or  body authorized to call or give
notice of a special election to  fill  such  vacancy;  except  that  the
notice  of  failure of a justice of the peace to file his official oath,
shall be given to the town clerk of the town for which the  justice  was
elected.
  § 3. Paragraph h of subdivision 1 of section 30 of the public officers
law,  as  amended by chapter 209 of the laws of 1954, is amended to read
as follows:
  h. His refusal or neglect to file  his  official  oath,  CERTIFICATION
PURSUANT TO SUBDIVISION TWO OF SECTION TEN OF THIS CHAPTER, IF REQUIRED,
or  undertaking,  if one is required, before or within thirty days after
the commencement of the term of office for which he  is  chosen,  if  an
elective  office,  or  if an appointive office, within thirty days after
notice of his appointment, or within thirty days after the  commencement
of  such term; or to file a renewal undertaking within the time required
by law, or if no time be so specified, within thirty days  after  notice
to  him  in pursuance of law, that such renewal undertaking is required.
The neglect or failure of any state or local officer to execute and file
his oath of office, CERTIFICATION REQUIRED BY SUBDIVISION TWO OF SECTION
TEN OF THIS CHAPTER and official undertaking  within  the  time  limited
therefor  by law, shall not create a vacancy in the office if such offi-
cer was on active duty in the armed forces  of  the  United  States  and
absent  from  the county of his residence at the time of his election or
appointment, and shall take his oath of office and execute his  official
undertaking  within  thirty days after receipt of notice of his election
or appointment, and provided such oath of office, CERTIFICATION REQUIRED
BY SUBDIVISION TWO OF SECTION TEN OF THIS CHAPTER and official undertak-
ing be filed within ninety days following the date it has been taken and
subscribed, any inconsistent provision  of  law,  general,  special,  or
local to the contrary, notwithstanding.
  §  4.  Subdivision  1  of  section  73-a of the public officers law is
amended by adding a new paragraph (n) to read as follows:

S. 7505                            74                            A. 9505

  (N) THE TERM "ELECTED LOCAL OFFICIAL" SHALL MEAN AN  ELECTED  OFFICIAL
OF  A LOCAL AGENCY WHO RECEIVES ANNUAL COMPENSATION FOR SUCH POSITION IN
EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
  §  5.  Paragraphs (a), (e) and (k) of subdivision 2 of section 73-a of
public officers law, paragraphs (a) and (e) as amended and paragraph (k)
as added by section 5 of part A of chapter 399 of the laws of 2011,  are
amended to read as follows:
  (a)  Every  statewide  elected  official,  state  officer or employee,
member of the legislature,  legislative  employee  and  political  party
chairman  and every candidate for statewide elected office or for member
of the legislature shall file an annual statement of  financial  disclo-
sure containing the information and in the form set forth in subdivision
three  of this section.  EVERY STATEWIDE ELECTED OFFICIAL, MEMBER OF THE
LEGISLATURE, OR HEAD OF A  STATE  AGENCY  SHALL  ALSO  FILE,  AND  EVERY
ELECTED  LOCAL  OFFICIAL  SHALL FILE A COPY OF HIS OR HER NEW YORK STATE
INCOME TAX RETURN, INCLUDING  ANY  SCHEDULES  AND  ATTACHMENTS  TO  SUCH
RETURN,  FOR  THE  PRECEDING YEAR. On or before the fifteenth day of May
with respect to the preceding calendar year: (1)  every  member  of  the
legislature,  every candidate for member of the legislature and legisla-
tive  employee  shall  file  such  statement,AND  SUCH  TAX  RETURN,  IF
REQUIRED,  with  the  legislative  ethics commission which shall provide
such statement along with any requests for exemptions or deletions,  AND
SUCH  TAX  RETURN, IF REQUIRED, to the joint commission on public ethics
for filing and rulings with respect to such requests for  exemptions  or
deletions,  on  or before the thirtieth day of June; [and] (2) all other
individuals required to file such statement shall file it, AND SUCH  TAX
RETURN, IF REQUIRED, with the joint commission on public ethics; AND (3)
ANY  ELECTED LOCAL OFFICIAL SHALL FILE SUCH TAX RETURN WITH SUCH COMMIS-
SION, except that:
  (i) a person who is subject to  the  reporting  requirements  of  this
subdivision  and  who  timely filed with the internal revenue service an
application for automatic extension of time in which to file his or  her
individual  income  tax return for the immediately preceding calendar or
fiscal year shall be required to file such financial  disclosure  state-
ment  on or before May fifteenth but may, without being subjected to any
civil penalty on account of a deficient statement, indicate with respect
to any item of the disclosure statement that  information  with  respect
thereto  is lacking but will be supplied in a supplementary statement of
financial disclosure, which shall be filed, TOGETHER WITH  ANY  REQUIRED
TAX  RETURN,  on  or  before the seventh day after the expiration of the
period of such automatic extension of time within  which  to  file  such
individual income tax return, provided that failure to file or to timely
file  such supplementary statement of financial disclosure or the filing
of an incomplete  or  deficient  supplementary  statement  of  financial
disclosure shall be subject to the notice and penalty provisions of this
section  respecting annual statements of financial disclosure as if such
supplementary statement were an annual statement;
  (ii) a person who is required to file an annual  financial  disclosure
statement with the joint commission on public ethics, and who is granted
an  additional period of time within which to file such statement due to
justifiable cause or undue hardship, in accordance with  required  rules
and  regulations on the subject adopted pursuant to paragraph [c] (C) of
subdivision nine of section ninety-four of the executive law shall  file
such  statement  within  the  additional period of time granted; and the
legislative ethics commission  shall  notify  the  joint  commission  on
public ethics of any extension granted pursuant to this paragraph;

S. 7505                            75                            A. 9505

  (iii)  candidates for statewide office who receive a party designation
for nomination by a state committee pursuant to  section  6-104  of  the
election law shall file such statement within ten days after the date of
the meeting at which they are so designated;
  (iv)  candidates  for statewide office who receive twenty-five percent
or more of the vote cast at the meeting  of  the  state  committee  held
pursuant  to  section  6-104  of the election law and who demand to have
their names placed on the primary ballot and who do not withdraw  within
fourteen  days  after  such meeting shall file such statement within ten
days after the last day to withdraw their names in accordance  with  the
provisions of such section of the election law;
  (v)  candidates  for statewide office and candidates for member of the
legislature who file party designating petitions  for  nomination  at  a
primary  election  shall  file  such statement within ten days after the
last day allowed by law for the filing of  party  designating  petitions
naming them as candidates for the next succeeding primary election;
  (vi)  candidates  for  independent nomination who have not been desig-
nated by a party to receive a nomination shall file such statement with-
in ten days after the last day allowed by law for the  filing  of  inde-
pendent  nominating  petitions  naming  them  as  candidates in the next
succeeding general or special election;
  (vii) candidates who receive the nomination of a party for  a  special
election shall file such statement within ten days after the date of the
meeting of the party committee at which they are nominated;
  (viii)  a  candidate  substituted  for  another candidate, who fills a
vacancy in a party designation or in an independent  nomination,  caused
by declination, shall file such statement within ten days after the last
day allowed by law to file a certificate to fill a vacancy in such party
designation or independent nomination;
  (ix) with respect to all candidates for member of the legislature, the
legislative  ethics commission shall within five days of receipt provide
the joint commission on public ethics the statement  filed  pursuant  to
subparagraphs (v), (vi), (vii) and (viii) of this paragraph.
  (e)  Any  person  required to file such statement AND/OR FILE SUCH TAX
RETURN who commences employment after May  fifteenth  of  any  year  and
political  party  chairman  shall  file such statement AND, IF REQUIRED,
SUCH TAX RETURN within thirty days after  commencing  employment  or  of
taking  the position of political party chairman, as the case may be. In
the case of members of the legislature and legislative  employees,  such
statements  shall be filed with the legislative ethics commission within
thirty days after commencing  employment,  and  the  legislative  ethics
commission  shall  provide  such  statements  to the joint commission on
public ethics within forty-five days of receipt.
  (k) The joint commission on public ethics shall: (I) post for at least
five years beginning for filings made on  January  first,  two  thousand
thirteen the annual statement of financial disclosure and any amendments
filed  by  each  person  subject  to  the reporting requirements of this
subdivision who is an elected official on its website for public  review
within  thirty  days of its receipt of such statement or within ten days
of its receipt of such amendment that reflects any corrections of  defi-
ciencies  identified  by  the  commission or by the reporting individual
after the reporting individual's initial filing. Except upon an individ-
ual determination by the commission  that  certain  information  may  be
deleted  from  a  reporting  individual's  annual statement of financial
disclosure, none of the information  in  the  statement  posted  on  the
commission's website shall be otherwise deleted;

S. 7505                            76                            A. 9505

  (II)  POST  FOR AT LEAST FIVE YEARS BEGINNING FOR FILINGS MADE FOR THE
TWO THOUSAND NINETEEN CALENDAR YEAR ANY INCOME TAX RETURN FILED PURSUANT
TO THIS SUBDIVISION, PROVIDED, HOWEVER, THAT PRIOR TO  POSTING  ANY  TAX
RETURN TO THE COMMISSION SHALL REDACT SUCH INFORMATION AS IT, IN CONSUL-
TATION WITH THE COMMISSIONER OF TAXATION AND FINANCE OR HIS OR HER DELE-
GATE,  DEEMS  APPROPRIATE OR REQUIRED BY LAW. AN OFFICIAL SHALL BE ENTI-
TLED TO REQUEST AT THE  TIME  OF  FILING  OF  A  TAX  RETURN  PARTICULAR
REDACTIONS  TO  SUCH  RETURN  THAT THE COMMISSION SHALL MAKE IF IT DEEMS
SUCH REDACTIONS TO BE APPROPRIATE.
  § 6. The election law is amended by adding a new section 6-169 to read
as follows:
  § 6-169. NOTICE OF  TRANSPARENCY  REQUIREMENTS.  THE  STATE  BOARD  OF
ELECTIONS  OR OTHER BOARD OF ELECTIONS, AS THE CASE MAY BE, SHALL NOTIFY
EACH PERSON NOMINATED OR DESIGNATED AS A CANDIDATE FOR ELECTIVE  OFFICE,
NOT  LATER THAN TEN DAYS AFTER SUCH NOMINATION OR DESIGNATION, THAT SUCH
OFFICE MAY BE SUBJECT TO CERTIFICATION REQUIREMENTS PURSUANT TO  SECTION
TEN  OF THE PUBLIC OFFICERS LAW AND SUBJECT TO FINANCIAL AND TAX DISCLO-
SURE REQUIREMENTS PURSUANT TO  SECTION  SEVENTY-THREE-A  OF  THE  PUBLIC
OFFICERS LAW.
  §  7.  This  act  shall  take  effect  immediately  and shall apply to
elections conducted and appointments made on or after such date.

                                 PART UU

  Section 1. Section 172-b of the executive law is amended by  adding  a
new subdivision 9 to read as follows:
  9.  ANY REGISTERED CHARITABLE ORGANIZATION THAT IS REQUIRED TO FILE AN
ANNUAL FINANCIAL REPORT PURSUANT TO  SUBDIVISION  ONE  OR  TWO  OF  THIS
SECTION,  OR THAT IS REQUIRED TO FILE A FUNDING DISCLOSURE REPORT PURSU-
ANT TO SECTION ONE HUNDRED  SEVENTY-TWO-E  OF  THIS  ARTICLE,  AND/OR  A
FINANCIAL   DISCLOSURE   REPORT   PURSUANT   TO   SECTION   ONE  HUNDRED
SEVENTY-TWO-F OF THIS ARTICLE FOR A REPORTING PERIOD DURING THE APPLICA-
BLE FISCAL YEAR SHALL ALSO BE REQUIRED TO  FILE  SUCH  ANNUAL  FINANCIAL
REPORT,  INCLUDING  ALL REQUIRED FORMS AND ATTACHMENTS, WITH THE DEPART-
MENT OF TAXATION AND FINANCE.
  § 1-a.  Subdivision 2 of section 172-e of the executive law, as  added
by section 1 of part F of chapter 286 of the laws of 2016, is amended to
read as follows:
  2. Funding disclosure reports to be filed by covered entities. (a) Any
covered  entity  that  makes  an in-kind donation in excess of [two] TEN
thousand [five hundred] dollars to a recipient entity during a  relevant
reporting period shall file a funding disclosure report with the depart-
ment of law. The funding disclosure report shall include:
  (i)  the  name and address of the covered entity that made the in-kind
donation;
  (ii) the name and address of the recipient  entity  that  received  or
benefitted from the in-kind donation;
  (iii)  the  names  of  any persons who exert operational or managerial
control over the covered entity. The disclosures required by this  para-
graph shall include the name of at least one natural person;
  (iv)  the  date  [the  in-kind]  SUCH donation was made by the covered
entity; AND
  (v) [any donation in excess of two thousand five  hundred  dollars  to
the  covered  entity  during the relevant reporting period including the
identity of the donor of any such donation] A  DETAILED  DESCRIPTION  OF
THE  IN-KIND DONATION, INCLUDING THE CHARITABLE PURPOSE ADVANCED BY SUCH

S. 7505                            77                            A. 9505

DONATION, IF ANY, AND ANY RESTRICTIONS ON THE USE OF  SUCH  DONATION  BY
THE RECIPIENT ENTITY.
  [(vi) the date of any such donation to a covered entity.]
  (b) The covered entity shall file a funding disclosure report with the
department  of  law  AND  THE  DEPARTMENT OF TAXATION AND FINANCE within
thirty days of the close of a reporting period.
  § 2. Subdivision 2 of section 172-f of the executive law, as added  by
section  1  of  part G of chapter 286 of the laws of 2016, is amended to
read as follows:
  2. Disclosure of expenditures  for  covered  communications.  (a)  Any
covered  entity that makes expenditures for covered communications in an
aggregate amount or fair market value exceeding ten thousand dollars  in
a  calendar  year  shall  file  a  financial  disclosure report with the
department of law. The financial disclosure report shall include:
  (i) the name and address of the covered entity that made the  expendi-
ture for covered communications;
  (ii)  the  name  or  names of any individuals who exert operational or
managerial control over the covered entity. The disclosures required  by
this paragraph shall include the name of at least one natural person;
  (iii) a DETAILED description of the covered communication;
  (iv)  the  dollar amount paid for each covered communication, the name
and address of the person or entity receiving the payment, and the  date
the payment was made; and
  [(iv)]  (V) FOR ANY RESTRICTED DONATION RECEIVED BY THE COVERED ENTITY
IN WHOLE OR IN PART FOR THE SUPPORT OF THE  COVERED  COMMUNICATION,  the
name  and  address of any individual, corporation, association, or group
that made a donation [of one thousand dollars or more]  to  the  covered
entity  and  the  date of such donation, AND THE AMOUNT OF THE DONATION,
TOGETHER WITH A DESCRIPTION OF ANY RESTRICTION.
  (b) The covered entity shall file a financial disclosure  report  with
the  department of law AND THE DEPARTMENT OF TAXATION AND FINANCE within
thirty days of the close of a reporting period.
  (c) If a covered entity keeps one or  more  segregated  bank  accounts
containing funds used solely for covered communications and makes all of
its  expenditures  for  covered  communications from such accounts, then
with respect to donations included in subparagraph [(iv)] (V)  of  para-
graph  (a)  of  this subdivision, the financial report need only include
donations deposited into such accounts.
  § 3. Section 172-e of the executive law is amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  IF  A  COVERED  ENTITY'S OR RECIPIENT ENTITY'S ANNUAL REPORT FILED
PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF  THIS  ARTICLE  DOES  NOT
INCLUDE  A  COMPLETED  INTERNAL  REVENUE SERVICE FORM 990 SCHEDULE B AND
THAT COVERED ENTITY MAKES, OR THAT RECIPIENT ENTITY RECEIVES, QUALIFYING
DONATIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THAT ENTITY SHALL
IN ADDITION TO FILING A DISCLOSURE WITH THE DEPARTMENT OF LAW, ALSO FILE
WITH THE DEPARTMENT OF TAXATION AND FINANCE A COMPLETE INTERNAL  REVENUE
SERVICE  FORM 990 SCHEDULE B, REGARDLESS OF WHETHER SUCH FORM IS SUBMIT-
TED OR REQUIRED TO BE SUBMITTED TO THE INTERNAL REVENUE SERVICE.
  § 4. Section 172-f of the executive law is amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  IF  A COVERED ENTITY'S ANNUAL REPORT FILED PURSUANT TO SECTION ONE
HUNDRED SEVENTY-TWO OF THIS ARTICLE DOES NOT INCLUDE A COMPLETED  INTER-
NAL REVENUE SERVICE FORM 990 SCHEDULE B, THE ENTITY SHALL IN ADDITION TO
FILING  A  DISCLOSURE  WITH  THE  DEPARTMENT  OF LAW, ALSO FILE WITH THE
DEPARTMENT OF TAXATION AND FINANCE A COMPLETE INTERNAL  REVENUE  SERVICE

S. 7505                            78                            A. 9505

FORM  990  SCHEDULE  B,  REGARDLESS OF WHETHER SUCH FORM IS SUBMITTED OR
REQUIRED TO BE SUBMITTED TO THE INTERNAL REVENUE SERVICE.
  § 5. Section 171 of the tax law is amended by adding a new subdivision
twenty-ninth to read as follows:
  TWENTY-NINTH.  THE  COMMISSIONER  SHALL  RECEIVE  ALL  ANNUAL  REPORTS
REQUIRED TO BE FILED WITH THE DEPARTMENT PURSUANT TO EITHER  SUBDIVISION
ONE  OR  TWO  OF SECTION ONE HUNDRED SEVENTY-TWO-B OF THE EXECUTIVE LAW,
SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTY-TWO-E OF  THE  EXECUTIVE
LAW,  OR  SUBDIVISION  FOUR  OF SECTION ONE HUNDRED SEVENTY-TWO-F OF THE
EXECUTIVE LAW AND SHALL  PUBLISH  SUCH  SCHEDULES  ON  THE  DEPARTMENT'S
WEBSITE.
  §  6.  This  act shall take effect on the thirtieth day after it shall
have become a law.

                                 PART VV

  Section 1. The state comptroller is hereby authorized and directed  to
loan  money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law  to  the  following  funds  and/or
accounts:
  1. DOL-Child performer protection account (20401).
  2. Proprietary vocational school supervision account (20452).
  3. Local government records management account (20501).
  4. Child health plus program account (20810).
  5. EPIC premium account (20818).
  6. Education - New (20901).
  7. VLT - Sound basic education fund (20904).
  8.   Sewage  treatment  program  management  and  administration  fund
(21000).
  9. Hazardous bulk storage account (21061).
  10. Utility environmental regulatory account (21064).
  11. Federal grants indirect cost recovery account (21065).
  12. Low level radioactive waste account (21066).
  13. Recreation account (21067).
  14. Public safety recovery account (21077).
  15. Environmental regulatory account (21081).
  16. Natural resource account (21082).
  17. Mined land reclamation program account (21084).
  18. Great lakes restoration initiative account (21087).
  19. Environmental protection and oil spill compensation fund (21200).
  20. Public transportation systems account (21401).
  21. Metropolitan mass transportation (21402).
  22. Operating permit program account (21451).
  23. Mobile source account (21452).
  24.  Statewide  planning  and  research  cooperative  system   account
(21902).
  25. New York state thruway authority account (21905).
  26. Mental hygiene program fund account (21907).
  27. Mental hygiene patient income account (21909).
  28. Financial control board account (21911).
  29. Regulation of racing account (21912).
  30. State university dormitory income reimbursable account (21937).
  31. Criminal justice improvement account (21945).
  32. Environmental laboratory reference fee account (21959).
  33. Training, management and evaluation account (21961).
  34. Clinical laboratory reference system assessment account (21962).

S. 7505                            79                            A. 9505

  35. Indirect cost recovery account (21978).
  36. High school equivalency program account (21979).
  37. Multi-agency training account (21989).
  38. Bell jar collection account (22003).
  39. Industry and utility service account (22004).
  40. Real property disposition account (22006).
  41. Parking account (22007).
  42. Courts special grants (22008).
  43. Asbestos safety training program account (22009).
  44. Camp Smith billeting account (22017).
  45. Batavia school for the blind account (22032).
  46. Investment services account (22034).
  47. Surplus property account (22036).
  48. Financial oversight account (22039).
  49. Regulation of Indian gaming account (22046).
  50. Rome school for the deaf account (22053).
  51. Seized assets account (22054).
  52. Administrative adjudication account (22055).
  53. Federal salary sharing account (22056).
  54. New York City assessment account (22062).
  55. Cultural education account (22063).
  56. Local services account (22078).
  57. DHCR mortgage servicing account (22085).
  58. Housing indirect cost recovery account (22090).
  59. DHCR-HCA application fee account (22100).
  60. Low income housing monitoring account (22130).
  61. Corporation administration account (22135).
  62.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
account (22144).
  63. Deferred compensation administration account (22151).
  64. Rent revenue other New York City account (22156).
  65. Rent revenue account (22158).
  66. Tax revenue arrearage account (22168).
  67. New York state medical indemnity fund account (22240).
  68. State university general income offset account (22654).
  69. Lake George park trust fund account (22751).
  70. State police motor vehicle law enforcement account (22802).
  71. Highway safety program account (23001).
  72. DOH drinking water program account (23102).
  73. NYCCC operating offset account (23151).
  74. Commercial gaming revenue account (23701).
  75. Commercial gaming regulation account (23702).
  76. Highway use tax administration account (23801).
  77. New York state secure choice administrative account (23806).
  78. Fantasy sports administration account (24951).
  79. Highway and bridge capital account (30051).
  80. Aviation purpose account (30053).
  81. State university residence hall rehabilitation fund (30100).
  82. State parks infrastructure account (30351).
  83. Clean water/clean air implementation fund (30500).
  84. Hazardous waste remedial cleanup account (31506).
  85. Youth facilities improvement account (31701).
  86. Housing assistance fund (31800).
  87. Housing program fund (31850).
  88. Highway facility purpose account (31951).
  89. Information technology capital financing account (32215).

S. 7505                            80                            A. 9505

  90. New York racing account (32213).
  91. Capital miscellaneous gifts account (32214).
  92.  New  York  environmental protection and spill remediation account
(32219).
  93. Mental hygiene facilities capital improvement fund (32300).
  94. Correctional facilities capital improvement fund (32350).
  95. New York State Storm Recovery Capital Fund (33000).
  96. OGS convention center account (50318).
  97. Empire Plaza Gift Shop (50327).
  98. Centralized services fund (55000).
  99. Archives records management account (55052).
  100. Federal single audit account (55053).
  101. Civil service EHS occupational health program account (55056).
  102. Banking services account (55057).
  103. Cultural resources survey account (55058).
  104. Neighborhood work project account (55059).
  105. Automation & printing chargeback account (55060).
  106. OFT NYT account (55061).
  107. Data center account (55062).
  108. Intrusion detection account (55066).
  109. Domestic violence grant account (55067).
  110. Centralized technology services account (55069).
  111. Labor contact center account (55071).
  112. Human services contact center account (55072).
  113. Tax contact center account (55073).
  114. Department of law civil recoveries account (55074).
  115. Executive direction internal audit account (55251).
  116. CIO Information technology centralized services account (55252).
  117. Health insurance internal service account (55300).
  118. Civil service employee benefits division  administrative  account
(55301).
  119. Correctional industries revolving fund (55350).
  120. Employees health insurance account (60201).
  121. Medicaid management information system escrow fund (60900).
  122. New York state cannabis revenue fund.
  123. Behavioral health parity compliance fund.
  § 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within  the  following
federal  funds,  provided  the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse  such
loans:
  1. Federal USDA-food and nutrition services fund (25000).
  2. Federal health and human services fund (25100).
  3. Federal education fund (25200).
  4. Federal block grant fund (25250).
  5. Federal miscellaneous operating grants fund (25300).
  6. Federal unemployment insurance administration fund (25900).
  7. Federal unemployment insurance occupational training fund (25950).
  8. Federal emergency employment act fund (26000).
  9. Federal capital projects fund (31350).
  §  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2021, up to the unencumbered balance or the  follow-
ing amounts:

S. 7505                            81                            A. 9505

  Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund, business and licensing services account (21977),
to the general fund.
  3. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
enforcement account (21904), to the general fund.
  4.  $3,000,000  from  the  general  fund  to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
  Education:
  1. $2,487,000,000 from the general fund to  the  state  lottery  fund,
education  account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c  of
the  state  finance  law  that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
  2. $978,000,000 from the general fund to the state lottery  fund,  VLT
education  account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c  of
the  state  finance  law  that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
  3. $168,000,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to  education
pursuant  to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant  to  section
1352 of the racing, pari-mutuel wagering and breeding law.
  4. $5,000,000 from the interactive fantasy sports fund, fantasy sports
education  account (24950), to the state lottery fund, education account
(20901), as reimbursement for disbursements  made  from  such  fund  for
supplemental  aid  to  education  pursuant  to section 92-c of the state
finance law.
  5. An amount up to the unencumbered balance from the charitable  gifts
trust  fund,  elementary and secondary education account (24901), to the
general fund, for payment of general support for public schools pursuant
to section 3609-a of the education law.
  6. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  7. $300,000 from the New York state local government  records  manage-
ment  improvement  fund,  local  government  records  management account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
  8. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
  9. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
  10. $343,400,000 from  the  state  university  dormitory  income  fund
(40350)  to  the  miscellaneous  special  revenue fund, state university
dormitory income reimbursable account (21937).
  11. $8,318,000 from the general fund to the  state  university  income
fund,  state  university  income offset account (22654), for the state's
share of repayment of the STIP loan.
  12. $47,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for

S. 7505                            82                            A. 9505

hospital debt service for the period April 1,  2020  through  March  31,
2021.
  13. $25,390,000 from the miscellaneous special revenue fund, office of
the  professions  account (22051), to the miscellaneous capital projects
fund, office of the professions electronic licensing account (32222).
  14. $24,000,000 from any of the state education  department's  special
revenue  and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
  15. $4,200,000 from any of the state  education  department's  special
revenue or internal service funds to the capital projects fund (30000).
  16.  $1,500,000 from the miscellaneous special revenue fund, office of
the professions account (22051), to the general fund from  fees  charged
to  each non-licensee owner of a firm that is incorporating as a profes-
sional service corporation formed to lawfully engage in the practice  of
public accountancy.
  Environmental Affairs:
  1.  $16,000,000  from any of the department of environmental conserva-
tion's special revenue federal funds to the  environmental  conservation
special revenue fund, federal indirect recovery account (21065).
  2.  $5,000,000  from  any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund (21150) or
Marine Resources Account (21151) as  necessary  to  avoid  diversion  of
conservation funds.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation  capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant  indirect
cost recovery account (22188).
  4. $1,000,000 from any of the office of parks, recreation and historic
preservation  special revenue federal funds to the miscellaneous capital
projects fund, I love NY water account (32212).
  5. $28,000,000 from the general fund to the  environmental  protection
fund, environmental protection fund transfer account (30451).
  6.  $1,800,000  from  the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
  7. An amount up to or equal to the cash  balance  within  the  special
revenue-other  waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related  to  the
management  and  cleanup  program as put forth in section 27-1915 of the
environmental conservation law.
  8. $3,600,000 from the  miscellaneous  special  revenue  fund,  public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
  9. $4,000,000 from the general fund to the enterprise fund, state fair
account (50051).
  Family Assistance:
  1.  $7,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous  special
revenue  fund, office of human resources development state match account
(21967).
  2. $4,000,000 from any of the office of children and  family  services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).

S. 7505                            83                            A. 9505

  3. $18,670,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal  funds  and  any  other  miscellaneous  revenues
generated  from  the operation of office of children and family services
programs to the general fund.
  4.  $125,000,000  from  any  of the office of temporary and disability
assistance or department of health special revenue funds to the  general
fund.
  5.  $2,500,000  from  any  of  the  office of temporary and disability
assistance special revenue funds to the  miscellaneous  special  revenue
fund,  office  of  temporary  and  disability assistance program account
(21980).
  6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor,  and
department  of  health  special  revenue  federal funds to the office of
children and family services miscellaneous special revenue fund,  multi-
agency training contract account (21989).
  7.  $205,000,000  from  the  miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
  8. $621,850 from the general fund to the combined gifts,  grants,  and
bequests fund, WB Hoyt Memorial account (20128).
  9.  $5,000,000  from  the  miscellaneous  special  revenue fund, state
central registry (22028), to the general fund.
  10. $600,000 from the miscellaneous  special  revenue  fund,  veterans
remembrance  and cemetery maintenance and operation fund (20201), to the
capital projects fund (30000).
  General Government:
  1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
  2. $12,000,000 from the general fund to the health insurance revolving
fund (55300).
  3. $292,400,000  from  the  health  insurance  reserve  receipts  fund
(60550) to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
  5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
  6.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
  7. $19,000,000 from the miscellaneous special  revenue  fund,  revenue
arrearage account (22024), to the general fund.
  8.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous  special  revenue  fund,
authority budget office account (22138).
  9.  $1,000,000  from  the  agencies  enterprise fund, parking services
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
  10. $9,628,000 from the general fund to the centralized services fund,
COPS account (55013).
  11. $11,460,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for  the  purpose  of
enterprise technology projects.
  12. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
  13.  $20,000,000 from the miscellaneous special revenue fund, workers'
compensation account (21995),  to  the  miscellaneous  capital  projects

S. 7505                            84                            A. 9505

fund,  workers'  compensation  board  IT  business  process design fund,
(32218).
  14.  $12,000,000  from  the agencies enterprise fund, parking services
account (22007), to the centralized services, building support  services
account (55018).
  15.  $30,000,000  from  the general fund to the internal service fund,
business services center account (55022).
  16. $8,000,000 from the general fund to  the  internal  service  fund,
building support services account (55018).
  17.  $1,500,000  from  the  agencies  enterprise  fund, special events
account (20120), to the general fund.
  Health:
  1. A transfer from the general fund to the combined gifts, grants  and
bequests  fund, breast cancer research and education account (20155), up
to an amount equal to the  monies  collected  and  deposited  into  that
account in the previous fiscal year.
  2.  A transfer from the general fund to the combined gifts, grants and
bequests  fund,  prostate  cancer  research,  detection,  and  education
account  (20183),  up  to  an  amount  equal to the moneys collected and
deposited into that account in the previous fiscal year.
  3. A transfer from the general fund to the combined gifts, grants  and
bequests  fund,  Alzheimer's  disease  research  and  assistance account
(20143), up to an amount equal to the  moneys  collected  and  deposited
into that account in the previous fiscal year.
  4.  $33,134,000  from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell  trust  fund  account
(22161).
  5. $6,000,000 from the miscellaneous special revenue fund, certificate
of  need  account  (21920),  to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
  6. $2,000,000 from  the  miscellaneous  special  revenue  fund,  vital
health  records  account  (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
  7. $2,000,000 from the miscellaneous  special  revenue  fund,  profes-
sional  medical  conduct  account  (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
  8. $91,304,000 from the HCRA resources fund  (20800)  to  the  capital
projects fund (30000).
  9.  $6,550,000  from  the  general fund to the medical marihuana trust
fund, health operation and oversight account (23755).
  10. An amount up to the unencumbered balance  from  the  miscellaneous
special revenue fund, certificate of need account (21920), to the gener-
al fund.
  11. An amount up to the unencumbered balance from the charitable gifts
trust  fund, health charitable account (24900), to the general fund, for
payment of general support for primary, preventive, and inpatient health
care, dental and vision care, hunger prevention and nutritional  assist-
ance,  and  other services for New York state residents with the overall
goal of ensuring that New York state residents have  access  to  quality
health care and other related services.
  12.  $3,000,000  from the miscellaneous special revenue fund, New York
State cannabis revenue fund, to the general fund.
  Labor:
  1. $600,000 from the miscellaneous special revenue fund, DOL  fee  and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).

S. 7505                            85                            A. 9505

  2.  $11,700,000  from  the unemployment insurance interest and penalty
fund,  unemployment  insurance  special  interest  and  penalty  account
(23601), to the general fund.
  3.  $5,000,000  from  the miscellaneous special revenue fund, workers'
compensation account (21995), to  the  training  and  education  program
occupation  safety  and health fund, OSHA-training and education account
(21251) and occupational health inspection account (21252).
  Mental Hygiene:
  1. $10,000,000 from the general fund,  to  the  miscellaneous  special
revenue fund, federal salary sharing account (22056).
  2.  $3,800,000 from the general fund, to the agencies internal service
fund, civil service EHS occupational health program account (55056).
  3. $3,000,000 from the chemical  dependence  service  fund,  substance
abuse  services  fund  account  (22700),  to  the mental hygiene capital
improvement fund (32305).
  Public Protection:
  1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
management account (21944), to the general fund.
  2.  $2,087,000  from  the  general  fund  to the miscellaneous special
revenue fund, recruitment incentive account (22171).
  3. $22,773,000 from the general fund to  the  correctional  industries
revolving   fund,   correctional  industries  internal  service  account
(55350).
  4. $60,000,000 from any of the division of homeland security and emer-
gency services special revenue federal funds to the general fund.
  5. $11,149,000 from the miscellaneous special revenue  fund,  criminal
justice improvement account (21945), to the general fund.
  6.  $115,420,000  from  the state police motor vehicle law enforcement
and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
police  motor  vehicle  enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
  7. $120,500,000 from the general fund to the  correctional  facilities
capital improvement fund (32350).
  8.  $5,000,000  from  the  general  fund  to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
  9. $10,000,000 from the miscellaneous special revenue fund,  statewide
public  safety  communications  account (22123), to the capital projects
fund (30000).
  10. $9,830,000 from the  miscellaneous  special  revenue  fund,  legal
services assistance account (22096), to the general fund.
  11.  $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
  12. $7,980,000 from the miscellaneous special  revenue  fund,  finger-
print identification & technology account (21950), to the general fund.
  13. $1,100,000 from the state police motor vehicle law enforcement and
motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
  14. $25,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
  Transportation:
  1. $31,000,000 from the general fund to the MTA  financial  assistance
fund,  mobility  tax  trust account (23651) for disbursements related to
part NN of chapter 54 of the laws of 2016.

S. 7505                            86                            A. 9505

  2.  $20,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems  operating  assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
  3.  $727,500,000  from  the  general fund to the dedicated highway and
bridge trust fund (30050).
  4. $244,250,000 from the general fund to the MTA financial  assistance
fund, mobility tax trust account (23651).
  5. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion  regulation  account  (22067)  to  the dedicated highway and bridge
trust fund (30050), for disbursements made  from  such  fund  for  motor
carrier  safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
  6. $3,000,000 from the miscellaneous  special  revenue  fund,  traffic
adjudication account (22055), to the general fund.
  7. $11,721,000 from the mass transportation operating assistance fund,
metropolitan  mass  transportation operating assistance account (21402),
to the capital projects fund (30000).
  8. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the general fund,  for  disbursements
made  from  such fund for motor carrier safety that are in excess of the
amounts deposited in the general  fund  for  such  purpose  pursuant  to
section 94 of the transportation law.
  Miscellaneous:
  1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2.  $500,000,000  from  the general fund to the debt reduction reserve
fund (40000).
  3. $450,000,000 from the New York state storm  recovery  capital  fund
(33000) to the revenue bond tax fund (40152).
  4.  $15,500,000  from  the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
  5. $100,000,000 from any special revenue federal fund to  the  general
fund, state purposes account (10050).
  §  3.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2021:
  1. Upon request of the commissioner of environmental conservation,  up
to  $12,745,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000  from
the  environmental  protection  and oil spill compensation fund (21200),
and $1,834,600 from the conservation fund (21150), to the  environmental
conservation special revenue fund, indirect charges account (21060).
  2.  Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund  within  the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
  3.  Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund, state  fair  receipts
account  (50051)  to the miscellaneous capital projects fund, state fair
capital improvement account (32208).
  4. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or  miscellaneous  special

S. 7505                            87                            A. 9505

revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
  5.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any  miscel-
laneous  special  revenue  fund  account,  to  any miscellaneous special
revenue fund.
  6. Upon request of the commissioner of health up to  $13,225,000  from
revenues  credited  to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
  § 4. On or before March 31, 2021, the comptroller is hereby authorized
and directed to deposit earnings that  would  otherwise  accrue  to  the
general  fund  that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal  service  fund,  banking
services  account  (55057),  for  the purpose of meeting direct payments
from such account.
  § 5. Notwithstanding any law to the contrary, upon  the  direction  of
the  director of the budget and upon requisition by the state university
of New York, the dormitory  authority  of  the  state  of  New  York  is
directed  to  transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, the state university income fund general revenue
account (22653) for reimbursement  of  bondable  equipment  for  further
transfer to the state's general fund.
  §  6.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor  or  his  or  her
designee,  on or before March 31, 2021, up to $16,000,000 from the state
university income fund general revenue  account  (22653)  to  the  state
general  fund for debt service costs related to campus supported capital
project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
University at Buffalo.
  §  7.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor  or  his  or  her
designee,  on  or before March 31, 2021, up to $6,500,000 from the state
university income fund general revenue  account  (22653)  to  the  state
general  fund for debt service costs related to campus supported capital
project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
University at Albany.
  §  8.  Notwithstanding  any  law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university  collection
fund  (61000)  to  the  state  university  income fund, state university
general revenue offset account (22655) on or before March 31, 2021.
  § 9. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to  $1,019,748,300  from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2020 through June 30, 2021 to  support  operations  at
the state university.
  §  10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up

S. 7505                            88                            A. 9505

to $20,000,000 from the general fund  to  the  state  university  income
fund, state university general revenue offset account (22655) during the
period  of  July  1,  2020 to June 30, 2021 to support operations at the
state  university  in accordance with the maintenance of effort pursuant
to subparagraph (4) of paragraph h of subdivision 2 of  section  355  of
the education law.
  §  11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university  chancel-
lor  or his or her designee, up to $55,000,000 from the state university
income fund, state  university  hospitals  income  reimbursable  account
(22656),  for  services  and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account  (22652)  to  the  state
university capital projects fund (32400) on or before June 30, 2021.
  §  12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after  consultation
with  the  state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance,  from
the  state  university  collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university  income
fund,  state university hospitals income reimbursable account (22656) in
the event insufficient funds  are  available  in  the  state  university
income  fund,  state  university  hospitals  income reimbursable account
(22656) to permit the full transfer of moneys authorized  for  transfer,
to  the  general  fund  for  payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the  comptroller  is
also  hereby  authorized and directed, after consultation with the state
university chancellor or his or her designee, to  transfer  moneys  from
the  state  university  income fund to the state university income fund,
state university hospitals income reimbursable account  (22656)  in  the
event  insufficient  funds  are available in the state university income
fund, state university hospitals income reimbursable account (22656)  to
pay  hospital  operating  costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2021.
  § 13. Notwithstanding any law to the contrary, upon the  direction  of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state  finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund  (40350)
to  the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100)  to
the  state university dormitory income fund (40350), in an amount not to
exceed $80 million from each fund.
  § 14. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $650 million from the unencumbered balance of any special  revenue
fund  or  account,  agency  fund  or  account,  internal service fund or
account, enterprise fund or account, or any combination  of  such  funds
and  accounts,  to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2020-21 budget. Transfers  from  federal  funds,  debt
service  funds,  capital projects funds, the community projects fund, or

S. 7505                            89                            A. 9505

funds that would result in the loss of eligibility for federal  benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
  §  15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund,  tech-
nology  financing  account  (22207),  the miscellaneous capital projects
fund, the federal capital projects account (31350), information technol-
ogy capital financing account (32215),  or  the  centralized  technology
services  account  (55069),  for the purpose of consolidating technology
procurement and services. The amounts transferred to  the  miscellaneous
special  revenue  fund, technology financing account (22207) pursuant to
this authorization shall be equal to or less than  the  amount  of  such
monies  intended  to  support  information  technology  costs  which are
attributable, according to a plan, to such account made in pursuance  to
an  appropriation  by law. Transfers to the technology financing account
shall be completed  from  amounts  collected  by  non-general  funds  or
accounts  pursuant  to a fund deposit schedule or permanent statute, and
shall be transferred to the technology financing account pursuant  to  a
schedule agreed upon by the affected agency commissioner. Transfers from
funds  that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
1951 are not permitted pursuant to this authorization.
  §  16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the  purpose  of  consol-
idating  technology  procurement  and  services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information  technology  costs  which
are attributable, according to a plan, to such account made in pursuance
to  an  appropriation  by  law.  Transfers  to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule.  Transfers from funds that would  result
in  the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
pursuant to this authorization.
  §  17. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund $20,000,000 for the state fiscal  year
commencing  April  1,  2020,  the  proceeds of which will be utilized to
support energy-related state activities.
  § 18. Notwithstanding any provision of law, rule or regulation to  the
contrary,  the  New York state energy research and development authority
is authorized and directed to make the following  contributions  to  the
state  treasury to the credit of the general fund on or before March 31,
2021: (a) $913,000; and (b) $23,000,000 from proceeds collected  by  the
authority from the auction or sale of carbon dioxide emission allowances
allocated by the department of environmental conservation.

S. 7505                            90                            A. 9505

  §  19. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and  development  authority
is authorized and directed to transfer five million dollars to the cred-
it of the Environmental Protection Fund on or before March 31, 2021 from
proceeds  collected  by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
  § 20. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
amended  by section 21 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four  hundred  eighty-
one  and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of  the
laws  of  two  thousand  eleven,  or  any other provisions of law to the
contrary, during the fiscal year beginning  April  first,  two  thousand
[nineteen]  TWENTY,  the  state  comptroller  is  hereby  authorized and
directed to deposit to the fund created pursuant to  this  section  from
amounts  collected  pursuant  to  article  twenty-two of the tax law and
pursuant to a schedule submitted by the director of the  budget,  up  to
[$2,185,995,000] $1,999,516,000, as may be certified in such schedule as
necessary  to  meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [nineteen] TWENTY.
  § 21. Notwithstanding any law to  the  contrary,  the  comptroller  is
hereby authorized and directed to transfer, upon request of the director
of  the  budget, on or before March 31, 2021, the following amounts from
the following special revenue accounts  to  the  capital  projects  fund
(30000),  for  the  purposes  of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
  1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
  2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
  3. $366,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
  4. $513,000 from the miscellaneous  special  revenue  fund,  New  York
state home for veterans' and their dependents at oxford account (22142).
  5.  $159,000  from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
  6. $323,000 from the miscellaneous  special  revenue  fund,  New  York
state for veterans in the lower-hudson valley account (22144).
  7.  $2,550,000  from  the  miscellaneous  special revenue fund, patron
services account (22163).
  8. $7,300,000 from  the  miscellaneous  special  revenue  fund,  state
university general income reimbursable account (22653).
  9.  $132,000,000  from  the  miscellaneous special revenue fund, state
university revenue offset account (22655).
  10. $48,000,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
  11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
  § 22. Notwithstanding any provision of law to  the  contrary,  in  the
event  that  federal  legislation,  federal  regulatory actions, federal
executive actions or federal judicial actions  in  federal  fiscal  year
2021  reduce  federal financial participation in Medicaid funding to New
York state or its subdivisions by $850 million or more in  state  fiscal

S. 7505                            91                            A. 9505

years  2020-21  or  2021-22,  the director of the division of the budget
shall notify the temporary president of the senate and  the  speaker  of
the  assembly  in  writing that the federal actions will reduce expected
funding  to  New  York state. The director of the division of the budget
shall prepare a plan that shall be submitted to the  legislature,  which
shall (a) specify the total amount of the reduction in federal financial
participation  in Medicaid, (b) itemize the specific programs and activ-
ities that will be  affected  by  the  reduction  in  federal  financial
participation  in  Medicaid, and (c) identify the general fund and state
special revenue fund appropriations and related disbursements that shall
be reduced, and in what program  areas,  provided,  however,  that  such
reductions  to appropriations and disbursements shall be applied equally
and proportionally to the programs affected by the reduction in  federal
financial  participation in Medicaid. Upon such submission, the legisla-
ture shall have 90 days after such submission to either prepare its  own
plan, which may be adopted by concurrent resolution passed by both hous-
es,  or  if after 90 days the legislature fails to adopt their own plan,
the reductions to the general fund and state special revenue fund appro-
priations and related disbursements identified in the  division  of  the
budget plan will go into effect automatically.
  §  23.  Notwithstanding  any  provision of law to the contrary, in the
event that federal  legislation,  federal  regulatory  actions,  federal
executive  actions  or  federal  judicial actions in federal fiscal year
2021 reduce federal financial participation  or  other  federal  aid  in
funding  to New York state that affects the state operating funds finan-
cial plan by $850 million or more  in  state  fiscal  years  2020-21  or
2021-22, exclusive of any cuts to Medicaid, the director of the division
of the budget shall notify the temporary president of the senate and the
speaker  of the assembly in writing that the federal actions will reduce
expected funding to New York state. The director of the division of  the
budget  shall prepare a plan that shall be submitted to the legislature,
which shall (a) specify the total amount of  the  reduction  in  federal
aid,  (b)  itemize  the  specific  programs  and activities that will be
affected by the federal reductions, exclusive of Medicaid, and (c) iden-
tify the general fund and state special revenue fund appropriations  and
related  disbursements that shall be reduced, and in what program areas,
provided, however, that such reductions to appropriations and  disburse-
ments shall be applied equally and proportionally. Upon such submission,
the  legislature  shall  have  90  days  after such submission to either
prepare its own plan, which may  be  adopted  by  concurrent  resolution
passed  by  both  houses,  or  if after 90 days the legislature fails to
adopt their own plan, the reductions  to  the  general  fund  and  state
special revenue fund appropriations and related disbursements identified
in the division of the budget plan will go into effect automatically.
  §  24.  Notwithstanding  any  provision of law to the contrary, if the
financial plan required under sections  twenty-two  or  twenty-three  of
this  article  estimates that the General Fund is reasonably anticipated
to end the fiscal year with an imbalance of $500 million  or  more,  the
director  of  the division of the budget shall prepare a plan that shall
be submitted to the legislature, which shall identify the  general  fund
and  state  special  revenue  fund  aid to localities appropriations and
related disbursements that may be reduced  to  eliminate  the  imbalance
identified  in  the  General  Fund,  provided,  however,  that the total
reduction in disbursements identified in such plan shall not  exceed  an
amount  equal to 1.0 percent of estimated disbursements in state operat-
ing funds for fiscal year 2020-2021. The legislature shall have 30  days

S. 7505                            92                            A. 9505

after  such  submission  to  either  prepare  its own plan, which may be
adopted by concurrent resolution passed by both houses  and  implemented
by the division of the budget, of if after 30 days the legislature fails
to  adopt  its  own  plan,  the reductions to the general fund and state
special revenue  fund  aid  to  localities  appropriations  and  related
disbursements identified in the division of the budget plan will go into
effect  automatically.  To  the  extent  the  State is obligated to make
payment to any individual or entity pursuant  to  any  appropriation  to
which  an  adjustment  or  reduction  is applied in accordance with this
section, such obligation shall be reduced commensurate with any  adjust-
ments  or  reductions  made  by the director of the budget and/or by the
legislature. The following types of appropriations shall be exempt  from
reduction  in  any  plan prepared by the budget director and/or any plan
adopted by the legislature: (a) public assistance payments for  families
and  individuals  and  payments  for  eligible  aged, blind and disabled
persons related to supplemental social security; (b) any reductions that
would violate federal law; (c) payments  of  debt  service  and  related
expenses  for  which the state is constitutionally obligated to pay debt
service or is contractually obligated to pay debt service, subject to an
appropriation, including where the state has  a  contingent  contractual
obligation;  and (d) payments the state is obligated to make pursuant to
court orders or judgments.
  § 25. Subdivision 6 of section 4 of the state finance law, as  amended
by  section 25 of part BBB of chapter 59 of the laws of 2018, is amended
to read as follows:
  6. Notwithstanding any law to the contrary, at the  beginning  of  the
state  fiscal  year,  the  state  comptroller  is  hereby authorized and
directed to receive for deposit to  the  credit  of  a  fund  and/or  an
account  such  monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an  appropriation  by  law.  As
soon  as  practicable  upon enactment of the budget, the director of the
budget shall,  but  not  less  than  three  days  following  preliminary
submission  to the chairs of the senate finance committee and the assem-
bly ways and means committee, file with the state comptroller  an  iden-
tification  of specific monies to be so deposited. Any subsequent change
regarding the monies to be so deposited shall be filed by  the  director
of  the  budget,  as  soon  as practicable, but not less than three days
following preliminary submission to the chairs  of  the  senate  finance
committee and the assembly ways and means committee.
  All monies identified by the director of the budget to be deposited to
the  credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted  by  the
legislature.
  [The  provisions  of  this  subdivision  shall expire on March thirty-
first, two thousand twenty.]
  § 26. Subdivision 4 of section 40 of the state finance law, as amended
by section 26 of part BBB of chapter 59 of the laws of 2018, is  amended
to read as follows:
  4.  Every appropriation made from a fund or account to a department or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications expenses and expenses  for  other  centralized  services  fund
programs  without limit. Every appropriation shall also be available for
the payment of prior  years'  liabilities  other  than  those  indicated

S. 7505                            93                            A. 9505

above,  but  only  to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.
  [The  provisions  of this subdivision shall expire March thirty-first,
two thousand twenty.]
  § 27. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary, the state comptroller is hereby authorized and directed to use
any  balance  remaining  in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical  care  facilities  finance  agency,  and  the
facilities development corporation pursuant to chapter 83 of the laws of
1995  and  the  department  of  mental hygiene for the purpose of making
payments to the dormitory authority of the state of  New  York  for  the
amount  of  the  earnings  for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to  the  provisions  of
the  internal  revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal  income  taxation  on  the
interest paid to the holders of such agency's mental services facilities
improvement  revenue  bonds.  Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination  of  the
amounts  received  in the mental health services fund as a result of the
investment of monies deposited therein that  will  or  may  have  to  be
rebated  to  the  federal  government  pursuant to the provisions of the
internal revenue code of 1986, as amended.
  § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating  to  the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 28 of part TTT of chapter 59 of the laws of 2019, is amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal  amount  not  to exceed [eight billion four hundred
ninety-four million nine hundred seventy-nine  thousand]  EIGHT  BILLION
EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY-NINE THOUSAND dollars
[$8,494,979,000]  $8,817,299,000, and shall include all bonds, notes and
other obligations issued pursuant to chapter 56 of the laws of 1983,  as
amended  or  supplemented.  The  proceeds  of such bonds, notes or other
obligations shall be paid to the state, for deposit in the  correctional
facilities capital improvement fund to pay for all or any portion of the
amount  or  amounts paid by the state from appropriations or reappropri-
ations made to the department of corrections and  community  supervision
from  the  correctional  facilities capital improvement fund for capital
projects. The aggregate amount of  bonds,  notes  or  other  obligations
authorized  to  be  issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or  otherwise  repay  bonds,
notes  or  other  obligations  theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts  expended  by
the state from appropriations or reappropriations made to the department
of  corrections  and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount  of
outstanding bonds, notes or other obligations may be greater than [eight
billion four hundred ninety-four million nine hundred seventy-nine thou-

S. 7505                            94                            A. 9505

sand]  EIGHT BILLION EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY-
NINE THOUSAND dollars [$8,494,979,000] $8,817,299,000, only if the pres-
ent value of the aggregate debt service of the  refunding  or  repayment
bonds,  notes  or  other  obligations  to be issued shall not exceed the
present value of the aggregate debt service of the bonds, notes or other
obligations so to be refunded or repaid. For the  purposes  hereof,  the
present  value  of the aggregate debt service of the refunding or repay-
ment bonds, notes or other obligations and of the aggregate debt service
of the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding  or
repayment  bonds,  notes  or other obligations, which shall be that rate
arrived at by doubling the semi-annual interest rate  (compounded  semi-
annually) necessary to discount the debt service payments on the refund-
ing  or  repayment  bonds,  notes  or other obligations from the payment
dates thereof to the date of issue of the refunding or repayment  bonds,
notes  or  other  obligations  and  to the price bid including estimated
accrued interest or proceeds received by the corporation including esti-
mated accrued interest from the sale thereof.
  § 29. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
laws  of  2005,  relating to providing for the administration of certain
funds and accounts related  to  the  2005-2006  budget,  as  amended  by
section  32 of part TTT of chapter 59 of the laws of 2019, is amended to
read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes  in  one
or  more  series  in  an  aggregate  principal amount not to exceed [two
hundred seventy-one million six hundred thousand] THREE HUNDRED  TWENTY-
THREE  MILLION ONE HUNDRED THOUSAND dollars [$271,600,000] $323,100,000,
excluding bonds issued to finance  one  or  more  debt  service  reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to  refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects including IT  initiatives  for
the  division of state police, debt service and leases; and to reimburse
the state general fund for disbursements made therefor. Such  bonds  and
notes  of  such  authorized issuer shall not be a debt of the state, and
the state shall not be liable thereon, nor shall they be payable out  of
any  funds other than those appropriated by the state to such authorized
issuer for debt service and related expenses  pursuant  to  any  service
contract  executed  pursuant to subdivision (b) of this section and such
bonds and notes shall contain on the face thereof a  statement  to  such
effect. Except for purposes of complying with the internal revenue code,
any  interest  income  earned on bond proceeds shall only be used to pay
debt service on such bonds.
  § 30. Subdivision 3 of section 1285-p of the public  authorities  law,
as  amended by section 35 of part TTT of chapter 59 of the laws of 2019,
is amended to read as follows:
  3. The maximum amount of bonds that may be issued for the  purpose  of
financing  environmental  infrastructure  projects  authorized  by  this
section shall be [five billion  six  hundred  thirty-eight  million  ten
thousand]  SIX  BILLION  THREE HUNDRED SEVENTY-FOUR MILLION TEN THOUSAND
dollars [$5,638,010,000] $6,374,010,000, exclusive of  bonds  issued  to
fund  any  debt  service  reserve  funds,  pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay  bonds  or
notes  previously  issued. Such bonds and notes of the corporation shall
not be a debt of the state, and the state shall not be  liable  thereon,

S. 7505                            95                            A. 9505

nor shall they be payable out of any funds other than those appropriated
by  the  state  to the corporation for debt service and related expenses
pursuant to any service contracts executed pursuant to  subdivision  one
of  this  section,  and  such  bonds and notes shall contain on the face
thereof a statement to such effect.
  § 31.  Subdivision (a) of section 48 of part K of chapter  81  of  the
laws  of  2002,  relating to providing for the administration of certain
funds and accounts related  to  the  2002-2003  budget,  as  amended  by
section  36 of part TTT of chapter 59 of the laws of 2019, is amended to
read as follows:
  (a) Subject to the provisions of chapter 59 of the laws  of  2000  but
notwithstanding  the  provisions  of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds  or
notes  in  one  or  more  series in an aggregate principal amount not to
exceed [two hundred eighty-six million] THREE HUNDRED  FOURTEEN  MILLION
dollars  [$286,000,000] $314,000,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or  notes  previously issued, for the purpose of financing capital costs
related to homeland security and training facilities for the division of
state police, the division of military and naval affairs, and any  other
state agency, including the reimbursement of any disbursements made from
the state capital projects fund, and is hereby authorized to issue bonds
or  notes  in one or more series in an aggregate principal amount not to
exceed [$952,800,000 nine hundred fifty-two million eight hundred  thou-
sand]  $1,115,800,000  ONE  BILLION  ONE  HUNDRED  FIFTEEN MILLION EIGHT
HUNDRED THOUSAND dollars, excluding bonds issued to  fund  one  or  more
debt  service reserve funds, to pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay such bonds  or  notes
previously  issued,  for  the purpose of financing improvements to State
office buildings and other facilities located statewide,  including  the
reimbursement  of any disbursements made from the state capital projects
fund. Such bonds and notes of the corporation shall not be a debt of the
state, and the state shall not be liable  thereon,  nor  shall  they  be
payable  out  of any funds other than those appropriated by the state to
the corporation for debt service and related expenses  pursuant  to  any
service  contracts executed pursuant to subdivision (b) of this section,
and such bonds and notes shall contain on the face thereof  a  statement
to such effect.
  §  32.  Paragraph  (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 38 of part TTT of chapter  59  of
the laws of 2019, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  the  dormitory  authority shall not issue any bonds for state
university educational facilities purposes if the  principal  amount  of
bonds to be issued when added to the aggregate principal amount of bonds
issued  by  the  dormitory  authority  on and after July first, nineteen
hundred eighty-eight for state university  educational  facilities  will
exceed  [thirteen  billion eight hundred forty-one million eight hundred
sixty-four thousand] FOURTEEN BILLION SEVEN  HUNDRED  FORTY-ONE  MILLION
EIGHT    HUNDRED    SIXTY-FOUR    THOUSAND   dollars   [$13,841,864,000]
$14,741,864,000; provided, however, that bonds issued or  to  be  issued
shall  be excluded from such limitation if: (1) such bonds are issued to
refund  state  university  construction  bonds  and   state   university
construction  notes  previously issued by the housing finance agency; or
(2) such bonds are issued to refund bonds  of  the  authority  or  other

S. 7505                            96                            A. 9505

obligations  issued for state university educational facilities purposes
and the present value of the aggregate debt  service  on  the  refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations  issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred  ninety-three  will  generate  long
term  economic  benefits  to  the  state, as assessed on a present value
basis, such issuance will be deemed to have met the present  value  test
noted  above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds  and  the  aggregate  debt
service of the bonds refunded, shall be calculated by utilizing the true
interest  cost  of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded  semi-annually)
necessary  to  discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of  issue  of  the  refunding
bonds  to  the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance  thereof.  The  maturity  of  such
bonds,  other  than  bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as  certified  by  the  state
university construction fund, of the facilities in connection with which
the  bonds  are  issued,  and  in any case not later than the earlier of
thirty years or the expiration of the term of  any  lease,  sublease  or
other  agreement  relating  thereto;  provided  that  no note, including
renewals thereof, shall mature later than five years after the  date  of
issuance  of  such  note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the  dormitory  authority,
the  state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in  any  way  affect  such
right.
  §  33.  Paragraph  (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 39 of part TTT of chapter  59  of
the laws of 2019, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  (i)  the  dormitory  authority  shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation  to  city
university  community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred  eighty-
five  or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added  to  all  principal  amounts  of  bonds
previously  issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted  in  lieu
of  other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds  issued
for  city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or  after
July  first,  nineteen  hundred  eighty-five,  except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution  supple-
mental  to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the  principal  amount  of  bonds  previously
issued pursuant to any such resolution, except bonds issued to refund or

S. 7505                            97                            A. 9505

to  be  substituted  for  or  in lieu of other bonds in relation to city
university facilities, will exceed [eight billion six  hundred  seventy-
four  million  two  hundred fifty-six thousand] NINE BILLION TWO HUNDRED
TWENTY-TWO   MILLION   SEVEN   HUNDRED   THIRTY-TWO   THOUSAND   dollars
[$8,674,256,000 ] $9,222,732,000. The legislature reserves the right  to
amend  or  repeal  such  limit, and the state of New York, the dormitory
authority, the city university, and the fund are prohibited from  coven-
anting  or  making any other agreements with or for the benefit of bond-
holders which might in any way affect such right.
  § 34. Subdivision 10-a of section 1680 of the public authorities  law,
as  amended by section 40 of part TTT of chapter 59 of the laws of 2019,
is amended to read as follows:
  10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
two  thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in  relation  to
any  locally  sponsored  community  college,  shall be [one billion five
million six hundred two thousand]  ONE  BILLION  FIFTY-ONE  MILLION  SIX
HUNDRED  FORTY  THOUSAND  dollars  [$1,005,602,000] $1,051,640,000. Such
amount shall be exclusive of bonds and notes issued to fund any  reserve
fund or funds, costs of issuance and to refund any outstanding bonds and
notes,  issued  on  behalf of the state, relating to a locally sponsored
community college.
  § 35. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating  to  the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 41 of part TTT of chapter 59 of the laws of 2019, is amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal  amount  not  to  exceed eight hundred [four] FORTY
million [six] THREE  hundred  fifteen  thousand  dollars  [$804,615,000]
$840,315,000,  which  authorization  increases  the  aggregate principal
amount of bonds, notes and other obligations authorized by section 40 of
chapter 309 of the laws of 1996, and shall include all bonds, notes  and
other obligations issued pursuant to chapter 211 of the laws of 1990, as
amended  or  supplemented.  The  proceeds  of such bonds, notes or other
obligations shall be paid to the state, for deposit in the youth facili-
ties improvement fund, to pay for all or any portion of  the  amount  or
amounts  paid  by the state from appropriations or reappropriations made
to the office of children and family services from the youth  facilities
improvement  fund  for  capital projects. The aggregate amount of bonds,
notes and other obligations authorized to be  issued  pursuant  to  this
section shall exclude bonds, notes or other obligations issued to refund
or otherwise repay bonds, notes or other obligations theretofore issued,
the proceeds of which were paid to the state for all or a portion of the
amounts  expended  by  the state from appropriations or reappropriations
made to the office of children and family services;  provided,  however,
that  upon any such refunding or repayment the total aggregate principal
amount of outstanding bonds, notes or other obligations may  be  greater
than  eight  hundred  [four]  FORTY  million [six] THREE hundred fifteen
thousand dollars [$804,615,000] $840,315,000, only if the present  value
of the aggregate debt service of the refunding or repayment bonds, notes
or  other obligations to be issued shall not exceed the present value of

S. 7505                            98                            A. 9505

the aggregate debt service of the bonds, notes or other  obligations  so
to  be refunded or repaid. For the purposes hereof, the present value of
the aggregate debt service of the refunding or repayment bonds, notes or
other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds, notes or other obligations, which shall be that rate  arrived  at
by  doubling  the  semi-annual  interest rate (compounded semi-annually)
necessary to discount the debt service  payments  on  the  refunding  or
repayment bonds, notes or other obligations from the payment dates ther-
eof  to  the date of issue of the refunding or repayment bonds, notes or
other obligations and to  the  price  bid  including  estimated  accrued
interest  or  proceeds  received  by the corporation including estimated
accrued interest from the sale thereof.
  § 36. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 42 of part TTT
of chapter 59 of the laws of 2019, is amended to read as follows:
  b.  The  agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity  with  applicable
provisions  of  the uniform commercial code in such principal amount as,
in the opinion of the agency, shall  be  necessary,  after  taking  into
account  other moneys which may be available for the purpose, to provide
sufficient funds to  the  facilities  development  corporation,  or  any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of  mental  health  services  facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services  improve-
ment  bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and  notes,
the  cost  or  premium  of  bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service  that  would  be
payable  by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the  agency  incident
to  and  necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for  the  financing  or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing  finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds  and  mental  health
services  facilities  improvement notes in an aggregate principal amount
exceeding [nine billion three hundred thirty-three million three hundred
eight thousand] NINE  BILLION  NINE  HUNDRED  TWENTY-SEVEN  MILLION  TWO
HUNDRED  SEVENTY-SIX  THOUSAND  dollars [$9,333,308,000] $9,927,276,000,
excluding mental health services facilities improvement bonds and mental
health services facilities improvement notes issued to refund  outstand-
ing  mental  health  services  facilities  improvement  bonds and mental
health services facilities improvement notes;  provided,  however,  that
upon  any  such refunding or repayment of mental health services facili-
ties improvement bonds and/or mental health services facilities improve-
ment notes the total aggregate principal amount  of  outstanding  mental
health  services  facilities improvement bonds and mental health facili-
ties improvement notes may be greater than [nine billion  three  hundred
thirty-three  million  three  hundred  eight thousand] NINE BILLION NINE
HUNDRED TWENTY-SEVEN MILLION TWO HUNDRED  SEVENTY-SIX  THOUSAND  dollars

S. 7505                            99                            A. 9505

[$9,333,308,000] $9,927,276,000, only if, except as hereinafter provided
with  respect  to  mental  health  services  facilities bonds and mental
health  services  facilities  notes  issued  to  refund  mental  hygiene
improvement  bonds authorized to be issued pursuant to the provisions of
section 47-b of the private housing finance law, the  present  value  of
the  aggregate  debt  service  of the refunding or repayment bonds to be
issued shall not exceed the present value of the aggregate debt  service
of  the bonds to be refunded or repaid. For purposes hereof, the present
values of the aggregate debt  service  of  the  refunding  or  repayment
bonds,  notes  or other obligations and of the aggregate debt service of
the bonds, notes or other obligations so refunded or  repaid,  shall  be
calculated  by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall  be  that  rate
arrived  at  by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-
ing or repayment bonds, notes or  other  obligations  from  the  payment
dates  thereof to the date of issue of the refunding or repayment bonds,
notes or other obligations and to  the  price  bid  including  estimated
accrued  interest  or proceeds received by the authority including esti-
mated accrued interest from the sale thereof.  Such  bonds,  other  than
bonds  issued  to refund outstanding bonds, shall be scheduled to mature
over a term not to exceed the average useful life, as certified  by  the
facilities  development corporation, of the projects for which the bonds
are issued, and in any case shall not exceed thirty years and the  maxi-
mum  maturity  of  notes  or  any renewals thereof shall not exceed five
years from the date of the original issue of such notes. Notwithstanding
the provisions of this section, the agency shall have the power  and  is
hereby authorized to issue mental health services facilities improvement
bonds  and/or  mental  health  services  facilities improvement notes to
refund outstanding mental hygiene improvement  bonds  authorized  to  be
issued pursuant to the provisions of section 47-b of the private housing
finance  law  and  the  amount  of  bonds issued or outstanding for such
purposes shall not be included for purposes of determining the amount of
bonds issued pursuant to this section. The director of the budget  shall
allocate  the  aggregate principal authorized to be issued by the agency
among the office of mental health, office for people with  developmental
disabilities,   and  the  office  of  [alcoholism  and  substance  abuse
services] ADDICTION SERVICES AND SUPPORTS, in  consultation  with  their
respective  commissioners  to finance bondable appropriations previously
approved by the legislature.
  § 37. Subdivision (a) of section 28 of part Y of  chapter  61  of  the
laws  of  2005,  relating to providing for the administration of certain
funds and accounts related  to  the  2005-2006  budget,  as  amended  by
section  43 of part TTT of chapter 59 of the laws of 2019, is amended to
read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any  provisions  of  law  to  the contrary, one or more
authorized issuers as defined by section 68-a of the state  finance  law
are  hereby  authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to  exceed  [ninety-two  million]  ONE
HUNDRED  FIFTY-SEVEN MILLION dollars [$92,000,000] $157,000,000, exclud-
ing bonds issued to finance one or more debt service reserve  funds,  to
pay costs of issuance of such bonds, and bonds or notes issued to refund
or  otherwise  repay  such  bonds  or  notes  previously issued, for the
purpose of financing capital projects for public  protection  facilities
in  the Division of Military and Naval Affairs, debt service and leases;

S. 7505                            100                           A. 9505

and to reimburse the state general fund for disbursements made therefor.
Such bonds and notes of such authorized issuer shall not be  a  debt  of
the  state, and the state shall not be liable thereon, nor shall they be
payable  out  of any funds other than those appropriated by the state to
such authorized issuer for debt service and related expenses pursuant to
any service contract  executed  pursuant  to  subdivision  (b)  of  this
section  and  such  bonds  and notes shall contain on the face thereof a
statement to such effect. Except for  purposes  of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  §  38.  Section  53  of  section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development  corporation  act,  as
added  by  section  46 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
  § 53. 1. Notwithstanding the  provisions  of  any  other  law  to  the
contrary,  the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series  for
the  purpose  of funding project costs for the acquisition of equipment,
including but not limited to the creation or modernization  of  informa-
tion  technology systems and related research and development equipment,
health and safety equipment, heavy equipment and machinery, the creation
or improvement of security systems, and laboratory equipment  and  other
state costs associated with such capital projects. The aggregate princi-
pal  amount  of  bonds  authorized to be issued pursuant to this section
shall not exceed [ninety-three million] ONE HUNDRED NINETY-THREE MILLION
dollars [$93,000,000] $193,000,000, excluding bonds issued to  fund  one
or  more  debt  service  reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued.  Such  bonds  and  notes  of  the  dormitory
authority  and  the urban development corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they  be
payable  out  of any funds other than those appropriated by the state to
the dormitory authority and the urban development corporation for  prin-
cipal, interest, and related expenses pursuant to a service contract and
such  bonds  and  notes shall contain on the face thereof a statement to
such effect. Except for purposes of complying with the internal  revenue
code,  any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds.
  2. Notwithstanding any other provision of  law  to  the  contrary,  in
order to assist the dormitory authority and the urban development corpo-
ration  in  undertaking the financing for project costs for the acquisi-
tion of equipment, including but not limited to the creation or  modern-
ization  of  information  technology  systems  and  related research and
development equipment, health and safety equipment, heavy equipment  and
machinery,  the creation or improvement of security systems, and labora-
tory equipment and  other  state  costs  associated  with  such  capital
projects,  the director of the budget is hereby authorized to enter into
one or more service contracts with the dormitory authority and the urban
development corporation, none of which  shall  exceed  thirty  years  in
duration,  upon  such terms and conditions as the director of the budget
and the dormitory authority and the urban development corporation agree,
so as to annually provide to  the  dormitory  authority  and  the  urban
development corporation, in the aggregate, a sum not to exceed the prin-
cipal, interest, and related expenses required for such bonds and notes.
Any service contract entered into pursuant to this section shall provide
that  the  obligation  of  the  state to pay the amount therein provided

S. 7505                            101                           A. 9505

shall not constitute a debt of the  state  within  the  meaning  of  any
constitutional or statutory provision and shall be deemed executory only
to  the  extent  of  monies  available  and  that  no liability shall be
incurred  by  the  state  beyond  the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
any payments made or to be made thereunder may be assigned  and  pledged
by  the  dormitory  authority  and  the urban development corporation as
security for its bonds and notes, as authorized by this section.
  § 39. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 1 of part K of chapter 39 of the laws of 2019, is amended  to
read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide  for  state  commitments  to  provide
annually  to  the  thruway  authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to  fund  or  to  reimburse  the
state  for  funding  such  projects  having a cost not in excess of [ten
billion eight hundred five million seven hundred seventy-eight thousand]
ELEVEN BILLION TWO HUNDRED EIGHTY-THREE MILLION  FIVE  HUNDRED  SEVENTY-
FIVE  THOUSAND dollars [$10,805,778,000] $11,283,575,000 cumulatively by
the end of fiscal year [2019-20] 2020-21.
  § 40. Subdivision 1 of section 1689-i of the public  authorities  law,
as  amended by section 2 of part K of chapter 39 of the laws of 2019, is
amended to read as follows:
  1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
request  of  the  commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified  by  such  commissioner  not  to
exceed  a  total  principal amount of two hundred [fifty-one] SIXTY-FIVE
million dollars [$251,000,000] $265,000,000.
  § 41. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, as
amended by section 3 of part K of chapter 39 of the  laws  of  2019,  is
amended to read as follows:
  §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one  or
more  series  for  the purpose of funding project costs for the regional
economic development council  initiative,  the  economic  transformation
program,  state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo  or  surrounding  envi-
rons,  the  New  York  works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the  clarkson-trudeau  partnership,  the  New
York  genome  center, the cornell university college of veterinary medi-
cine, the olympic  regional  development  authority,  projects  at  nano
Utica,  onondaga  county  revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects,  high  tech  innovation  and  economic
development   infrastructure   program,  high  technology  manufacturing
projects in Chautauqua and Erie county, an industrial scale research and

S. 7505                            102                           A. 9505

development facility in Clinton county,  upstate  revitalization  initi-
ative  projects,  downstate  revitalization  initiative, market New York
projects, fairground buildings, equipment or facilities  used  to  house
and  promote  agriculture,  the  state fair, the empire state trail, the
moynihan station development project, the  Kingsbridge  armory  project,
strategic  economic  development projects, the cultural, arts and public
spaces fund, water infrastructure in the city  of  Auburn  and  town  of
Owasco,  a  life  sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural  facili-
ties  improvement  program,  restore  New York's communities initiative,
heavy  equipment,  economic  development  and  infrastructure  projects,
Roosevelt  Island  operating  corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit  projects  and
other state costs associated with such projects. The aggregate principal
amount  of  bonds authorized to be issued pursuant to this section shall
not exceed [nine billion eight hundred twenty-one  million  six  hundred
thirty-six thousand] TEN BILLION THREE HUNDRED THIRTY-FOUR MILLION EIGHT
HUNDRED  FIFTY-ONE  THOUSAND  dollars  [$9,821,636,000] $10,334,851,000,
excluding bonds issued to fund one or more debt service  reserve  funds,
to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes  previously  issued.  Such
bonds and notes of the dormitory authority and the corporation shall not
be  a  debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the  state to the dormitory authority and the corporation for principal,
interest, and related expenses pursuant to a service contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional  economic  develop-
ment  council  initiative,  the  economic  transformation program, state
university of New York college for nanoscale  and  science  engineering,
projects  within  the  city  of Buffalo or surrounding environs, the New
York works economic development fund,  projects  for  the  retention  of
professional  football  in  western  New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York  genome
center, the cornell university college of veterinary medicine, the olym-
pic  regional  development  authority,  projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of  pharma-
cy,  New  York  power  electronics  manufacturing  consortium,  regional
infrastructure projects, New York State Capital Assistance  Program  for
Transportation,  infrastructure,  and  economic  development,  high tech
innovation and economic development infrastructure program,  high  tech-
nology  manufacturing  projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or  facilities
used  to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge  armory
project, strategic economic development projects, the cultural, arts and
public  spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural  facili-

S. 7505                            103                           A. 9505

ties  improvement  program,  restore  New York's communities initiative,
heavy  equipment,  economic  development  and  infrastructure  projects,
Roosevelt  Island  operating  corporation capital projects, Lake Ontario
regional  projects,  Pennsylvania station and other transit projects and
other state costs associated with such  projects  the  director  of  the
budget  is hereby authorized to enter into one or more service contracts
with the dormitory authority and the corporation, none  of  which  shall
exceed  thirty  years in duration, upon such terms and conditions as the
director of the budget and the dormitory authority and  the  corporation
agree,  so  as  to  annually  provide to the dormitory authority and the
corporation, in the aggregate, a sum not to exceed the principal, inter-
est, and related expenses required for such bonds and notes. Any service
contract entered into pursuant to this section shall  provide  that  the
obligation  of  the  state  to pay the amount therein provided shall not
constitute a debt of the state within the meaning of any  constitutional
or  statutory provision and shall be deemed executory only to the extent
of monies available and that no liability shall be incurred by the state
beyond the monies available for such purpose, subject to  annual  appro-
priation  by  the legislature. Any such contract or any payments made or
to be made thereunder may be  assigned  and  pledged  by  the  dormitory
authority  and  the  corporation as security for its bonds and notes, as
authorized by this section.
  § 42. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 4 of part K of chapter 39 of the  laws  of  2019,  is
amended to read as follows:
  1.  Notwithstanding  any  other  provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series  for
the  purpose  of  financing  peace  bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture  projects  including  aviation  projects,  non-MTA   mass   transit
projects,  and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal  amount  of  bonds
authorized  to be issued pursuant to this section shall not exceed [four
billion six  hundred  forty-eight  million]  SIX  BILLION  NINE  HUNDRED
FORTY-TWO    MILLION   FOUR   HUNDRED   SIXTY-THREE   THOUSAND   dollars
[$4,648,000,000] $6,942,463,000, excluding bonds issued to fund  one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  to refund or otherwise repay such bonds or notes previously issued.
Such bonds and notes of the authority, the dormitory authority  and  the
urban  development corporation shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of  any
funds  other  than those appropriated by the state to the authority, the
dormitory authority and the urban development corporation for principal,
interest, and related expenses pursuant to a service contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  §  43.  Paragraph  (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 8 of part K of chapter 39  of
the laws of 2019, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  in  order  to  enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of  such

S. 7505                            104                           A. 9505

housing  programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable  housing  program  bonds  and
notes  in  such principal amount as shall be necessary to provide suffi-
cient  funds  for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making  capital  appropri-
ations  or  reappropriations  for  the  purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in  an
aggregate principal amount not exceeding [six billion two hundred ninety
million  five  hundred  ninety-nine  thousand]  SIX BILLION FIVE HUNDRED
THIRTY-ONE  MILLION   FIVE   HUNDRED   TWENTY-THREE   THOUSAND   dollars
[$6,290,599,000] $6,531,523,000, plus a principal amount of bonds issued
to  fund  the  debt  service  reserve  fund  in accordance with the debt
service reserve fund requirement established by the agency and  to  fund
any  other  reserves  that the agency reasonably deems necessary for the
security or marketability of such bonds and to provide for  the  payment
of   fees  and  other  charges  and  expenses,  including  underwriters'
discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
enhancement  and  liquidity  enhancement related to the issuance of such
bonds and notes. No reserve fund  securing  the  housing  program  bonds
shall  be  entitled  or  eligible  to receive state funds apportioned or
appropriated to maintain or restore such reserve fund at or to a partic-
ular level, except to the extent of any deficiency resulting directly or
indirectly from a failure of the state to appropriate or pay the  agreed
amount  under  any  of the contracts provided for in subdivision four of
this section.
  § 44. Subdivision 1 of section 50 of section 1 of chapter 174  of  the
laws  of  1968, constituting the New York state urban development corpo-
ration act, as amended by section 5 of part K of chapter 39 of the  laws
of 2019, is amended to read as follows:
  1.  Notwithstanding  the  provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs undertaken by  or  on  behalf  of  special  act
school  districts,  state-supported  schools  for  the  blind  and deaf,
approved private special education schools, non-public schools, communi-
ty centers, day care facilities, residential camps, day camps, and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued  pursuant  to  this  section
shall  not  exceed  one  hundred  [thirty]  FIFTY-FIVE  million  dollars
[$130,000,000] $155,000,000, excluding bonds issued to fund one or  more
debt  service reserve funds, to pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay such bonds  or  notes
previously  issued.  Such bonds and notes of the dormitory authority and
the urban development corporation shall not be a debt of the state,  and
the  state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state  to  the  dormitory
authority and the urban development corporation for principal, interest,
and  related  expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof  a  statement  to  such  effect.
Except  for  purposes  of  complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to  pay  debt
service on such bonds.
  §45.  Subdivision  1  of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration  act,  as  amended by section 27 of part TTT of chapter 59 of the
laws of 2019, is amended to read as follows:

S. 7505                            105                           A. 9505

  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  dormitory  authority  and  the corporation are hereby authorized to
issue bonds or notes in one or more series for the  purpose  of  funding
project costs for the office of information technology services, depart-
ment  of  law,  and  other  state  costs  associated  with  such capital
projects. The aggregate principal  amount  of  bonds  authorized  to  be
issued  pursuant  to  this  section shall not exceed [six] EIGHT hundred
[seventy-seven]  THIRTY  million  [three  hundred]  fifty-four  thousand
dollars,  [$677,354,000] $830,054,000 excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or  notes  previously  issued.  Such  bonds  and  notes of the dormitory
authority and the corporation shall not be a debt of the state, and  the
state  shall not be liable thereon, nor shall they be payable out of any
funds other than those  appropriated  by  the  state  to  the  dormitory
authority  and  the  corporation  for  principal,  interest, and related
expenses pursuant to a service contract and such bonds and  notes  shall
contain  on  the  face  thereof  a  statement to such effect. Except for
purposes of complying with  the  internal  revenue  code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  §  46.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
finance law, as amended by section 43 of part XXX of chapter 59  of  the
laws of 2017, is amended to read as follows:
  (b)  On  or  before the beginning of each quarter, the director of the
budget may certify to the state  comptroller  the  estimated  amount  of
monies  that  shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding  payments  due  from  the
revenue  bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law  to  the  contrary,  the
state  comptroller  shall  reserve  in the general debt service fund the
amount of monies identified on such certificate  as  necessary  for  the
payment  of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved  shall
not  be  available  for  any  other  purpose.  Such certificate shall be
reported to the chairpersons of the Senate  Finance  Committee  and  the
Assembly  Ways  and  Means  Committee. [The provisions of this paragraph
shall expire June thirtieth, two thousand twenty.]
  § 47. Section 2 of the state finance law is amended by  adding  a  new
subdivision 1-a to read as follows:
  1-A.  "BUSINESS  DAY".  ANY  DAY  OF THE YEAR WHICH IS NOT A SATURDAY,
SUNDAY OR LEGAL HOLIDAY IN THE STATE OF NEW YORK AND NOT A DAY ON  WHICH
BANKS ARE AUTHORIZED OR OBLIGATED TO BE CLOSED IN THE CITY OF NEW YORK.
  §  48. Paragraph a of subdivision 4 of section 57 of the state finance
law, as amended by section 39 of part JJ of chapter 56 of  the  laws  of
2010, is amended to read as follows:
  a.  Such  bonds  shall  be sold at par, at par plus a premium, or at a
discount to the bidder offering the lowest interest cost to  the  state,
taking  into  consideration  any premium or discount and, in the case of
refunding bonds, the bona fide initial public offering price,  not  less
than  [four  nor more than fifteen days, Sundays excepted,] TWO BUSINESS
DAYS after THE PUBLICATION OF  a    notice  of  [such]  sale  [has  been
published] at least once in a definitive trade publication of the munic-
ipal  bond  industry  published on each business day in the state of New
York which is generally available IN  ELECTRONIC  OR  PHYSICAL  FORM  to

S. 7505                            106                           A. 9505

participants  in  the  municipal bond industry, which notice shall state
the terms of the sale. The comptroller may not change the terms  of  the
sale  unless  notice  of such change is sent via a definitive trade wire
service  of  the municipal bond industry which, in general, makes avail-
able information regarding activity and sales of municipal bonds and  is
generally  available  to participants in the municipal bond industry, at
least one hour prior to the time  of  the  sale  as  set  forth  in  the
original  notice  of  sale.  In so changing the terms or conditions of a
sale the comptroller may send notice by such wire service that the  sale
will  be  delayed by up to thirty days, provided that wire notice of the
new sale date will be given at least one business day prior to  the  new
time  when  bids  will be accepted. In such event, no new notice of sale
shall be required to be published.  Notwithstanding  the  provisions  of
section three hundred five of the state technology law or any other law,
if  the  notice  of  sale  contains  a  provision that bids will only be
accepted electronically in the manner provided in such notice  of  sale,
the  comptroller  shall not be required to accept non-electronic bids in
any form. Advertisements shall contain a provision to  the  effect  that
the  state  comptroller, in his or her discretion, may reject any or all
bids made in pursuance of such advertisements, and in the event of  such
rejection,  the  state  comptroller is authorized to negotiate a private
sale or readvertise for bids in the form and manner above  described  as
many  times  as,  in  his  or her judgment, may be necessary to effect a
satisfactory sale. Notwithstanding  the  foregoing  provisions  of  this
paragraph,  whenever in the judgment of the comptroller the interests of
the state will be served thereby, he or she  may  sell  state  bonds  at
private  sale at par, at par plus a premium, or at a discount. The comp-
troller shall promulgate regulations governing the terms and  conditions
of  any  such private sales, which regulations shall include a provision
that he or she give notice to the governor, the temporary  president  of
the  senate, and the speaker of the assembly, of his or her intention to
conduct a private sale of obligations pursuant to this section not  less
than [five] TWO BUSINESS days prior to such sale or the execution of any
binding agreement to effect such sale.
  §  49.  Subdivision  (a)  of section 211 of the civil practice law and
rules, as amended by chapter 267 of the laws of 1970, is amended to read
as follows:
  (a) On a bond. An action to recover principal or interest upon a writ-
ten instrument evidencing an indebtedness of the state of New York or of
any person, association or public  or  private  corporation,  originally
sold  by  the  issuer after publication of an advertisement for bids for
the issue in [a newspaper of general circulation] ELECTRONIC OR PHYSICAL
FORM and secured only by a pledge of the faith and credit of the issuer,
regardless of whether a sinking fund is or may be  established  for  its
redemption,  must  be  commenced  within twenty years after the cause of
action accrues. This subdivision does not apply to actions upon  written
instruments  evidencing  an indebtedness of any corporation, association
or person under the jurisdiction of the public service  commission,  the
commissioner  of transportation, the interstate commerce commission, the
federal communications commission,  the  civil  aeronautics  board,  the
federal power commission, or any other regulatory commission or board of
a  state  or  of the federal government. This subdivision applies to all
causes of action, including those barred on April  eighteenth,  nineteen
hundred  fifty,  by the provisions of the civil practice act then effec-
tive.

S. 7505                            107                           A. 9505

  § 50. The opening paragraph of subdivision 9 of section 8 of the state
finance law, as separately amended by chapters 405 and 957 of  the  laws
of 1981, is amended to read as follows:
  Make  a report to the legislature prior to the convening of its annual
session, containing a complete statement of  every  fund  of  the  state
including  every fund under the supervision or control of any department
or any officer or division, bureau, commission, board or other organiza-
tion therein from whatever source derived and whether or  not  deposited
in the treasury, other than the funds of moneyed corporations or private
bankers  in  liquidation  or rehabilitation, together with a citation of
the statute authorizing the creation or establishment of each such fund,
all balances of money and receipts and disbursements during the  preced-
ing  fiscal year PRESENTED IN ACCORDANCE WITH THE ACCOUNTING PRINCIPLES,
POLICIES, AND LEGISLATIVE INTENT, INCLUDING BUT NOT LIMITED  TO  REFUNDS
OF  APPROPRIATION, SET FORTH IN A BUDGET BILL ENACTED IN ACCORDANCE WITH
ARTICLE VII OF THE STATE CONSTITUTION, a statement  of  each  object  of
disbursement, the funds, if any, from which paid or to be paid, a sched-
ule  by month of the investments of cash not needed for day to day oper-
ations including but not limited to total investment income, the average
daily invested balance and related yields for each fund, and a statement
of all claims against the state presented to him where no  provision  or
an  insufficient provision for the payment thereof has been made by law,
with the facts relating thereto and his opinion thereon, and  suggesting
plans  for  the  improvement and management of the public resources, and
containing such other information and recommendations  relating  to  the
fiscal  affairs  of the state, as in his judgment should be communicated
to the legislature, provided that:
  § 51. Paragraph a of subdivision 9-a of section 8 of the state finance
law, as amended by chapter 551 of the laws of 1989, is amended  to  read
as follows:
  a. Issue, on or before the fifteenth day of each month and cause to be
published in the state register, a report including (1) a summary of the
preceding  month's  investments  of cash not needed for day to day oper-
ations including but not limited to total investment income, the average
daily investment balance and related yield; and (2) a statement  setting
forth briefly the several receipts of and disbursements from the general
fund during the preceding month, and also the total of such receipts and
disbursements from the beginning of the fiscal year to the close of such
preceding  month  and the cash balance of the general fund, exclusive of
receipts and disbursements on account of  temporary  borrowing,  at  the
close  of  such  preceding  month,  provided that for state fiscal years
beginning on or after April first, nineteen hundred eighty-two the comp-
troller shall include in such reports the required information  for  all
funds  and  fund types.  SUCH REPORTS SHALL BE PREPARED AND PRESENTED IN
ACCORDANCE WITH THE ACCOUNTING  PRINCIPLES,  POLICIES,  AND  LEGISLATIVE
INTENT, INCLUDING BUT NOT LIMITED TO REFUNDS OF APPROPRIATION, SET FORTH
IN  A  BUDGET  BILL  ENACTED IN ACCORDANCE WITH ARTICLE VII OF THE STATE
CONSTITUTION.
  § 52. The state finance law is amended by adding a new section 2-b  to
read as follows:
  § 2-B. ADDITIONAL DEFINITIONS. AS USED IN SUBDIVISIONS NINE AND NINE-A
OF  SECTION  EIGHT  OF  THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "REFUND OF APPROPRIATION". RECEIPT OF REFUNDS, REBATES,  REIMBURSE-
MENTS, CREDITS, REPAYMENTS, AND/OR DISALLOWANCES, AS DEFINED HEREIN, THE
OFFICE  OF  THE  STATE  COMPTROLLER  SHALL CREDIT THE REFUNDED, REBATED,

S. 7505                            108                           A. 9505

REIMBURSED, CREDITED, REPAID, AND DISALLOWED AMOUNT BACK TO THE ORIGINAL
APPROPRIATION AND REDUCE EXPENDITURES IN THE YEAR WHICH SUCH  CREDIT  IS
RECEIVED REGARDLESS OF THE TIMING OF THE INITIAL EXPENDITURE.
  2.  "REFUNDS". FUNDS RECEIVED TO THE STATE RESULTING FROM THE OVERPAY-
MENT OF MONIES.
  3. "REBATES". FUNDS RECEIVED TO THE STATE RESULTING A FROM RETURN OF A
FULL OR PARTIAL AMOUNT PREVIOUSLY PAID, AS FOR GOODS OR SERVICES,  SERV-
ING AS A REDUCTION, DISCOUNT OR REBATE TO THE ORIGINAL PAYMENT AMOUNT.
  4.  "REIMBURSEMENTS".  FUNDS  RECEIVED TO THE STATE AS REPAYMENT IN AN
EQUIVALENT AMOUNT FOR GOODS OR SERVICES, INCLUDING BUT  NOT  LIMITED  TO
PERSONAL  SERVICE  COSTS,  INCURRED  BY  THE STATE IN THE FIRST INSTANCE
BEING PROVIDED TO A THIRD PARTY FOR THEIR BENEFIT AND  PARTIALLY  OR  IN
FULL FINANCED BY SUCH THIRD PARTY.
  5. "CREDIT". MONIES MADE AVAILABLE TO THE STATE THAT REDUCE THE AMOUNT
OWED  TO  A  THIRD  PARTY,  INCLUDING BUT NOT LIMITED TO BILLING ERRORS,
REBATES, AND PRIOR OVERPAYMENTS.
  6. "REPAYMENT".  THE  RETURN  OF  MONIES  AS  PAY  BACK  FOR  EXPENSES
INCURRED.
  7.  "DISALLOWANCE".  MONIES  MADE AVAILABLE TO THE STATE THAT WERE NOT
ALLOWED OR ACCEPTED OFFICIALLY BY THE INTENDED  RECIPIENT,  BASED  ON  A
DETERMINATION THE PAYMENT IS NOT ACCEPTABLE AND/OR VALID.
  §  53.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020; provided,
however, that the provisions of sections one, one-a, two,  three,  four,
five,  six,  seven, eight, twelve, thirteen, fourteen, fifteen, sixteen,
seventeen, eighteen, nineteen, twenty-one, twenty-two, twenty-three, and
twenty-four of this act shall expire March 31, 2021 when upon such  date
the provisions of such sections shall be deemed repealed.
  § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment  shall  be  rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  §  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through VV of this act shall be
as specifically set forth in the last section of such Parts.

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

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

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

                            January 22, 2020
                               ___________

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

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

AN ACT to amend chapter 887 of the laws of 1983, amending the correction
  law  relating  to the psychological testing of candidates, in relation
  to the effectiveness thereof; to amend chapter  428  of  the  laws  of
  1999, amending the executive law and the criminal procedure law relat-
  ing  to  expanding the geographic area of employment of certain police
  officers, in relation to extending the expiration of such chapter;  to
  amend chapter 886 of the laws of 1972, amending the correction law and
  the  penal law relating to prisoner furloughs in certain cases and the
  crime of absconding therefrom, in relation to the effectiveness there-
  of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
  and 54 of the laws of 1987, the correction  law,  the  penal  law  and
  other  chapters  and  laws  relating  to  correctional  facilities, in
  relation to the effectiveness thereof; to amend chapter 55 of the laws
  of 1992, amending the tax  law  and  other  laws  relating  to  taxes,
  surcharges,  fees and funding, in relation to extending the expiration
  of certain provisions of such chapter; to amend  chapter  339  of  the
  laws  of  1972, amending the correction law and the penal law relating
  to inmate work release, furlough and leave, in relation to the  effec-
  tiveness  thereof; to amend chapter 60 of the laws of 1994 relating to
  certain provisions which impact upon expenditure of certain  appropri-
  ations made by chapter 50 of the laws of 1994 enacting the state oper-
  ations  budget,  in  relation  to  the effectiveness thereof; to amend
  chapter 3 of the laws of 1995, amending the correction law  and  other
  laws  relating  to the incarceration fee, in relation to extending the
  expiration of certain provisions of such chapter; to amend chapter  62
  of the laws of 2011, amending the correction law and the executive law
  relating  to merging the department of correctional services and divi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12670-02-0

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

  sion of parole into the department of corrections and community super-
  vision, in relation to the effectiveness thereof; to amend chapter 907
  of the laws of 1984, amending the correction law, the  New  York  city
  criminal  court  act and the executive law relating to prison and jail
  housing and alternatives to detention and incarceration  programs,  in
  relation  to  extending  the  expiration of certain provisions of such
  chapter; to amend chapter 166 of the laws of 1991,  amending  the  tax
  law  and  other  laws  relating to taxes, in relation to extending the
  expiration of certain provisions of such chapter; to amend the vehicle
  and traffic law, in relation to extending the expiration of the manda-
  tory surcharge and victim assistance fee; to amend chapter 713 of  the
  laws  of  1988,  amending  the vehicle and traffic law relating to the
  ignition interlock device program, in relation to extending the  expi-
  ration thereof; to amend chapter 435 of the laws of 1997, amending the
  military  law  and  other  laws  relating  to  various  provisions, in
  relation to extending the expiration date of the merit  provisions  of
  the correction law and the penal law of such chapter; to amend chapter
  412 of the laws of 1999, amending the civil practice law and rules and
  the  court  of  claims  act relating to prisoner litigation reform, in
  relation  to  extending  the  expiration  of  the  inmate  filing  fee
  provisions  of the civil practice law and rules and general filing fee
  provision and inmate property claims  exhaustion  requirement  of  the
  court  of claims act of such chapter; to amend chapter 222 of the laws
  of 1994 constituting  the  family  protection  and  domestic  violence
  intervention  act  of 1994, in relation to extending the expiration of
  certain provisions of the criminal procedure law requiring the  arrest
  of certain persons engaged in family violence; to amend chapter 505 of
  the  laws of 1985, amending the criminal procedure law relating to the
  use of closed-circuit television and  other  protective  measures  for
  certain  child  witnesses,  in relation to extending the expiration of
  the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
  ing the sentencing reform act of 1995, in relation  to  extending  the
  expiration of certain provisions of such chapter; to amend chapter 689
  of  the  laws  of 1993 amending the criminal procedure law relating to
  electronic court  appearance  in  certain  counties,  in  relation  to
  extending  the expiration thereof; to amend chapter 688 of the laws of
  2003, amending the executive law relating to enacting  the  interstate
  compact  for adult offender supervision, in relation to the effective-
  ness thereof; to amend chapter 56 of the laws of  2009,  amending  the
  correction law relating to limiting the closing of certain correction-
  al  facilities, providing for the custody by the department of correc-
  tional services of inmates serving definite sentences,  providing  for
  custody  of  federal  prisoners  and  requiring the closing of certain
  correctional facilities, in relation  to  the  effectiveness  of  such
  chapter;  to amend chapter 152 of the laws of 2001, amending the mili-
  tary law relating to military  funds  of  the  organized  militia,  in
  relation  to  the  effectiveness  thereof; to amend chapter 554 of the
  laws of 1986, amending the correction law and the penal  law  relating
  to  providing  for community treatment facilities and establishing the
  crime of absconding from the community treatment facility, in relation
  to the effectiveness thereof; and to amend chapter 55 of the  laws  of
  2018  amending  the  criminal  procedure  law relating to pre-criminal
  proceeding settlements in the city of New York,  in  relation  to  the
  effectiveness  thereof  (Part  A);  to  amend  the  correction law, in
  relation to expanding  the  definition  of  internet  identifiers  and
  establishing criminal personation by a sex offender (Part B); to amend

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

  the  penal law, in relation to prohibiting the use of the intoxication
  of a victim as defense to a criminal charge for sex crimes  (Part  C);
  to amend section 7 of part Y of chapter 57 of the laws of 2018, amend-
  ing  the  education  law  relating  to  persons  practicing in certain
  licensed programs or services who are exempt  from  practice  require-
  ments  of  professionals  licensed  by the department of education, in
  relation to adding the division of criminal justice  services  to  the
  list of agencies not required to receive a waiver for entities provid-
  ing certain professional services (Part D); to amend the state finance
  law,  in  relation  to  establishing  the  district attorney discovery
  compensation fund;  and  to  amend  the  criminal  procedure  law,  in
  relation  to  monies recovered by county district attorneys before the
  filing of an accusatory  instrument  (Part  E);  in  relation  to  the
  closure of correctional facility; and providing for the repeal of such
  provisions  upon  expiration thereof (Part F); to amend the correction
  law and the executive law, in relation to moving adolescent  offenders
  to  the  office  of  children and family services; to repeal paragraph
  (a-1) of subdivision 4 of section 70.20 of the penal law  and  section
  77  of  the  correction law relating thereto; to repeal paragraphs (a)
  through (e) of section 508 of the executive law relating to a  techni-
  cal  correction;  and  providing  for the repeal of certain provisions
  upon expiration thereof (Part G); to amend the state finance  law,  in
  relation  to  directing the correctional industries program to provide
  services in certain situations (Part H); to  amend  the  tax  law,  in
  relation  to  suspending  the  transfer  of  monies into the emergency
  services revolving loan fund from  the  public  safety  communications
  account  (Part  I); to amend the executive law, in relation to the age
  of appointment for sworn members of the New  York  state  police;  and
  providing  for  the  repeal of such provisions upon expiration thereof
  (Part J); to amend the penal law, in relation to  the  possession  and
  sale  of firearm, rifle, and shotgun components (Part K); to amend the
  executive law, in relation to administrative subpoenas  (Part  L);  to
  amend the criminal procedure law, in relation to establishing the safe
  homes  and  families act (Part M); to amend the penal law, in relation
  to firearm licenses (Part N); to amend the executive law, in  relation
  to  the  reporting  of  firearms (Part O); to amend the mental hygiene
  law, in relation to sharing information  from  mental  health  profes-
  sionals  with  other  states  (Part  P);  to  amend  the penal law, in
  relation to establishing the crime of domestic violence (Part  Q);  to
  amend  the  penal  law  and the criminal procedure law, in relation to
  enacting the "New York Hate Crime Anti-Terrorism  Act"  (Part  R);  to
  amend the civil service law, in relation to reimbursement for medicare
  premium  charges  (Part  S); to amend the civil practice law and rules
  and the state finance law, in relation to the rate of interest  to  be
  paid  on  judgement  and  accrued  claims (Part T); to amend the civil
  service law, in relation to  capping  the  standard  medicare  premium
  charge  (Part  U);  to amend the civil service law, in relation to the
  state's contribution to the cost  of  health  insurance  premiums  for
  future  retirees  of the state and their dependents (Part V); to amend
  the civil service law,  in  relation  to  continuing  to  protect  and
  strengthen  unions (Part W); to amend the state technology law and the
  state finance law, in relation to authorizing comprehensive technology
  service contracts (Part X); to amend the state  finance  law  and  the
  state  technology  law, in relation to defining the term technology to
  include computer information, electronic  information,  interconnected
  systems  and  related material thereto (Part Y); to amend section 1 of

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

  part S of chapter 56 of the laws of 2010, relating to  establishing  a
  joint  appointing authority for the state financial system project, in
  relation to statewide financial system procurements (Part Z); to amend
  the  public buildings law, in relation to the leasing of real property
  (Part AA); to amend the state  finance  law,  in  relation  to  sexual
  harassment  disclosure  with  respect to state contracts (Part BB); to
  amend the alcoholic beverage control law, in relation  to  creating  a
  higher education institution license (Part CC); to amend the alcoholic
  beverage  control  law, in relation to allowing food that is typically
  found in a motion picture theatre to be deemed in compliance with food
  requirements to serve alcoholic beverages  (Part  DD);  to  amend  the
  alcoholic beverage control law, in relation to tied house restrictions
  (Part EE); to amend the alcoholic beverage control law, in relation to
  establishing the hours during which alcoholic beverages may be sold in
  certain  international  airport property (Part FF); to amend the work-
  ers' compensation law, in relation to diversifying the New York  state
  insurance fund's investment authority (Part GG); to amend the workers'
  compensation  law, in relation to combatting the New York state insur-
  ance fund's surprise premium increases (Part HH); to amend  the  work-
  ers'  compensation  law,  in  relation  to allowing the New York state
  insurance fund to enter into agreement with private insurance  provid-
  ers  to  cover out-of-state work (Part II); to amend the election law,
  in relation to triggering automatic manual recounts in elections  that
  finish  with  a  small margin of victory (Part JJ); to amend the state
  finance law, in relation to video lottery terminal aid (Part  KK);  to
  amend  the general municipal law, in relation to enhancing flexibility
  within the county-wide shared services initiative (Part LL); to  amend
  the  local finance law, in relation to the voting requirements for the
  financial restructuring board for  local  governments  (Part  MM);  to
  amend  the tax law and the public authorities law, in relation to AIM-
  related sales tax payments in the counties of Nassau  and  Erie  (Part
  NN);  to  amend  the  county law, the correction law and the judiciary
  law, in relation to authorizing shared  county  jails  (Part  OO);  to
  amend  the domestic relations law, in relation to consideration of the
  effects of domestic  violence  and  other  acts  on  future  financial
  circumstances  to determine equitable distribution of marital property
  (Part PP); to amend the public authorities law, in relation to  ensur-
  ing  pay  equity  at  state and local public authorities (Part QQ); to
  amend the family court act and the criminal procedure law, in relation
  to orders of protection (Part RR);  to  amend  the  election  law,  in
  relation  to  banning campaign contributions from foreign corporations
  (Part SS); to amend the public officers law and the election  law,  in
  relation  to  requiring  the  disclosure  of  tax  returns for certain
  elected officials and appointed employees  (Part  TT);  to  amend  the
  executive  law and the tax law, in relation to disclosure requirements
  for certain nonprofits (Part UU); to provide for the administration of
  certain funds and accounts related to the 2020-2021 budget,  authoriz-
  ing certain payments and transfers; to amend the state finance law, in
  relation to the administration of certain funds and accounts; to amend
  part D of chapter 389 of the laws of 1997 relating to the financing of
  the  correctional  facilities  improvement fund and the youth facility
  improvement fund, in relation to the  issuance  of  certain  bonds  or
  notes;  to amend part Y of chapter 61 of the laws of 2005, relating to
  providing for the administration of certain funds and accounts related
  to the 2005-2006 budget, in relation to the issuance of certain  bonds
  or  notes;  to  amend  the  public authorities law, in relation to the

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

  issuance of certain bonds or notes; to amend part K of chapter  81  of
  the  laws  of  2002,  relating  to providing for the administration of
  certain funds  and  accounts  related  to  the  2002-2003  budget,  in
  relation  to  the issuance of certain bonds or notes; to amend the New
  York state medical care facilities finance agency act, in relation  to
  the  issuance  of  certain bonds or notes; to amend the New York state
  urban development corporation act, in  relation  to  the  issuance  of
  certain  bonds  or  notes;  to  amend chapter 329 of the laws of 1991,
  amending the state finance law and other laws relating to  the  estab-
  lishment  of  the dedicated highway and bridge trust fund, in relation
  to the issuance of certain bonds or notes; to amend the public author-
  ities law, in relation to the issuance of certain bonds or  notes;  to
  amend  the  New  York  state  urban  development  corporation  act, in
  relation to the issuance of certain  bonds  or  notes;  to  amend  the
  private  housing finance law, in relation to housing program bonds and
  notes; to amend the state finance law,  in  relation  to  payments  of
  bonds;  to  amend  the civil practice law and rules, in relation to an
  action related to a bond; and providing  for  the  repeal  of  certain
  provisions  upon  expiration thereof (Part VV); and to amend part E of
  chapter 60 of the laws of 2015, establishing a commission on  legisla-
  tive,  judicial  and  executive  compensation,  and  providing for the
  powers and duties of the commission and for  the  dissolution  of  the
  commission, in relation to the powers of the members of the commission
  (Part WW)

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2020-2021
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through WW. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of  candidates,  as
amended  by  section  1  of part O of chapter 55 of the laws of 2019, is
amended to read as follows:
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2020] 2022.
  § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the  criminal  procedure  law  relating  to  expanding  the
geographic  area of employment of certain police officers, as amended by
section 2 of part O of chapter 55 of the laws of  2019,  is  amended  to
read as follows:

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

  §  3.  This  act  shall  take effect on the first day of November next
succeeding the date on which it shall  have  become  a  law,  and  shall
remain  in effect until the first day of September, [2020] 2022, when it
shall expire and be deemed repealed.
  §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
correction law and the penal  law  relating  to  prisoner  furloughs  in
certain  cases  and  the  crime  of  absconding therefrom, as amended by
section 3 of part O of chapter 55 of the laws of  2019,  is  amended  to
read as follows:
  §  3.  This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2020] 2022.
  § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other  chapters and laws relating to correctional facilities, as amended
by section 4 of part O of chapter 55 of the laws of 2019, is amended  to
read as follows:
  § 20. This act shall take effect immediately except that section thir-
teen  of  this  act shall expire and be of no further force or effect on
and after September 1, [2020]  2022  and  shall  not  apply  to  persons
committed to the custody of the department after such date, and provided
further  that  the commissioner of corrections and community supervision
shall report each January first and July first during such time  as  the
earned  eligibility  program is in effect, to the chairmen of the senate
crime victims, crime and correction committee, the senate codes  commit-
tee,  the  assembly correction committee, and the assembly codes commit-
tee, the standards in effect for earned  eligibility  during  the  prior
six-month  period,  the  number  of inmates subject to the provisions of
earned eligibility, the number who  actually  received  certificates  of
earned  eligibility  during  that  period of time, the number of inmates
with certificates who are granted parole upon their first  consideration
for  parole,  the  number  with  certificates who are denied parole upon
their first consideration, and the number  of  individuals  granted  and
denied parole who did not have earned eligibility certificates.
  § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending  the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part O of chapter 55 of the laws
of 2019, is amended to read as follows:
  (q) the provisions of section two  hundred  eighty-four  of  this  act
shall  remain in effect until September 1, [2020] 2022 and be applicable
to all persons entering the program on or before August 31, [2020] 2022.
  § 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
correction  law  and  the  penal  law  relating  to inmate work release,
furlough and leave, as amended by section 6 of part O of chapter  55  of
the laws of 2019, is amended to read as follows:
  §  10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect  until  September  1,  [2020]  2022,  and
provided  further  that  the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
crime victims, crime and correction committee, the senate codes  commit-
tee,  the  assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under  the  custody
and  control  of  the commissioner who have applied for participation in
any program offered under the provisions of work release,  furlough,  or
leave, and the number of such inmates who have been approved for partic-
ipation.

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

  §  7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
relating to certain provisions which impact upon expenditure of  certain
appropriations  made  by  chapter  50  of the laws of 1994, enacting the
state operations budget, as amended by section 7 of part O of chapter 55
of the laws of 2019, is amended to read as follows:
  (c)  sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2020] 2022; provided, that the provisions of  section  forty-two
of  this act shall apply to inmates entering the work release program on
or after such effective date; and
  § 8. Subdivision h of section 74 of chapter 3 of  the  laws  of  1995,
amending the correction law and other laws relating to the incarceration
fee,  as  amended  by  section  8 of part O of chapter 55 of the laws of
2019, is amended to read as follows:
  h. Section fifty-two of this act shall be deemed to have been in  full
force and effect on and after April 1, 1995; provided, however, that the
provisions  of  section 189 of the correction law, as amended by section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as amended by section fifty-six of this act, and section fifty-seven  of
this  act shall expire September 1, [2020] 2022, when upon such date the
amendments to the correction law and penal law made by  sections  fifty-
five  and  fifty-six  of  this act shall revert to and be read as if the
provisions of this act had not been  enacted;  provided,  however,  that
sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
deemed to have been in full force and effect on and after March 1,  1995
and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
provisions of subsection (e) of section 9110 of the  insurance  law  and
subdivision  2  of section 89-d of the state finance law shall revert to
and be read as set out in law on  the  date  immediately  preceding  the
effective date of sections sixty-two and sixty-three of this act;
  §  9.  Subdivision (c) of section 49 of subpart A of part C of chapter
62 of the laws of 2011, amending the correction law  and  the  executive
law  relating  to  merging  the  department of correctional services and
division of parole into the  department  of  corrections  and  community
supervision, as amended by section 9 of part O of chapter 55 of the laws
of 2019, is amended to read as follows:
  (c)  that  the  amendments  to  subdivision  9  of  section 201 of the
correction law as added by section thirty-two of this act  shall  remain
in  effect  until  September 1, [2020] 2022, when it shall expire and be
deemed repealed;
  § 10. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees  and  funding,  as amended by section 10 of part O of chapter 55 of
the laws of 2019, is amended to read as follows:
  (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
hundred  eighty-three  and  three  hundred eighty-four of this act shall
expire on September 1, [2020] 2022;
  § 11. Section 12 of chapter 907 of the  laws  of  1984,  amending  the
correction  law,  the New York city criminal court act and the executive
law relating to prison and jail housing and  alternatives  to  detention
and  incarceration programs, as amended by section 11 of part O of chap-
ter 55 of the laws of 2019, is amended to read as follows:
  § 12.  This  act  shall  take  effect  immediately,  except  that  the
provisions  of sections one through ten of this act shall remain in full
force and effect until September 1, [2020]  2022  on  which  date  those
provisions shall be deemed to be repealed.

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

  §  12.  Subdivision  (p)  of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as  amended
by section 12 of part O of chapter 55 of the laws of 2019, is amended to
read as follows:
  (p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this  act  shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three  hundred  forty-one  of
this act shall take effect immediately and shall expire November 1, 1993
at  which  time  it  shall  be  deemed  repealed; sections three hundred
forty-five and three hundred forty-six of this  act  shall  take  effect
July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this  act
shall  take  effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and  shall
expire  June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed  on  or  after  such
effective  date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred  seventy-four,  three
hundred  seventy-five  and  three  hundred seventy-six of this act shall
remain in effect until September 1, [2020]  2022,  at  which  time  they
shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
surcharge provided in section three hundred  seventy-four  of  this  act
shall  apply  to parking violations occurring on or after said effective
date; and provided further that the amendments made to  section  235  of
the vehicle and traffic law by section three hundred seventy-two of this
act,  the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the  labor  law  by
section three hundred seventy-five of this act shall expire on September
1,  [2020]  2022  and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the  provisions  of  this
act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred  seventy-
seven  and  three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions  of  such  subdivisions  shall
revert  and  shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action  as  is
necessary to assure that all applicants for examination for admission to
practice  as  an  attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any  exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the  date  prior  to  the  effective date of this act; the provisions of
section 306-a of the civil practice law and rules as  added  by  section
three  hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided,  however,  that
for  the  purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September  1,  1991;
the  provisions  of section three hundred eighty-three of this act shall
apply to all money deposited  in  connection  with  a  cash  bail  or  a
partially  secured  bail  bond  on or after such effective date; and the

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

provisions of sections  three  hundred  eighty-four  and  three  hundred
eighty-five  of  this  act  shall  apply  only to jury service commenced
during a judicial term beginning on or after the effective date of  this
act; provided, however, that nothing contained herein shall be deemed to
affect  the  application,  qualification,  expiration  or  repeal of any
provision of law amended by any section of this act and such  provisions
shall  be  applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
  § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 13 of part O of chapter 55 of the laws  of  2019,  is
amended to read as follows:
  8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [twenty] TWENTY-TWO.
  § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle  and  traffic law relating to the ignition interlock device program,
as amended by section 14 of part O of chapter 55 of the laws of 2019, is
amended to read as follows:
  § 6. This act shall take  effect  on  the  first  day  of  April  next
succeeding  the  date  on  which  it  shall have become a law; provided,
however, that effective immediately, the addition, amendment  or  repeal
of  any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective  date  is  authorized  and
directed  to  be made and completed on or before such effective date and
shall remain in full force and effect until the first day of  September,
[2020]  2022  when  upon  such  date the provisions of this act shall be
deemed repealed.
  § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 15 of part O of chapter 55 of  the
laws of 2019, is amended to read as follows:
  a.  sections  forty-three  through forty-five of this act shall expire
and be deemed repealed on September 1, [2020] 2022;
  § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 16 of part O of  chap-
ter 55 of the laws of 2019, is amended to read as follows:
  §  4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1,  [2020]
2022, when upon such date it shall expire.
  §  17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and  domestic  violence  intervention
act  of  1994,  as  amended by section 17 of part O of chapter 55 of the
laws of 2019, is amended to read as follows:
  2. Subdivision 4 of section 140.10 of the criminal  procedure  law  as
added  by  section  thirty-two  of this act shall take effect January 1,
1996 and shall expire and be deemed  repealed  on  September  1,  [2020]
2022.
  § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal  procedure law relating to the use of closed-circuit television and
other protective measures for certain child  witnesses,  as  amended  by
section  18  of  part O of chapter 55 of the laws of 2019, is amended to
read as follows:
  § 5. This act shall take effect immediately and  shall  apply  to  all
criminal  actions  and proceedings commenced prior to the effective date
of this act but still pending on such  date  as  well  as  all  criminal

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

actions  and  proceedings  commenced on or after such effective date and
its provisions shall expire on  September 1, [2020] 2022, when upon such
date the provisions of this act shall be deemed repealed.
  §  19.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 19  of
part O of chapter 55 of the laws of 2019, is amended to read as follows:
  d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this  act  shall
be deemed repealed on September 1, [2020] 2022;
  § 20. Section 2 of chapter 689 of the laws of 1993, amending the crim-
inal  procedure  law  relating to electronic court appearance in certain
counties, as amended by section 20 of part O of chapter 55 of  the  laws
of 2019, is amended to read as follows:
  §  2.  This  act  shall  take  effect  immediately,  except  that  the
provisions of this act shall be deemed to have been in  full  force  and
effect  since  July  1, 1992 and the provisions of this act shall expire
September 1, [2020] 2022 when upon such date the provisions of this  act
shall be deemed repealed.
  § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision,  as  amended  by  section 21 of part O of chapter 55 of the
laws of 2019, is amended to read as follows:
  § 3. This act shall take effect immediately, except that  section  one
of  this  act  shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2020] 2022,  upon  which  date  this  act
shall  be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to  any
compacting  state  which  has  enacted  an  interstate  compact entitled
"Interstate compact for adult offender supervision" and having an  iden-
tical  effect  to  that  added  by  section one of this act and provided
further that with respect to any such compacting state, upon the  effec-
tive date of section one of this act, section 259-m of the executive law
is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
added by section one of  this  act,  shall  take  effect;  and  provided
further  that  with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact  for  adult  offender  super-
vision"  and  having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect  and  the
provisions  of  section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall  adopt
an  interstate  compact  entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state,  effective  imme-
diately,  section  259-m  of  the  executive  law is deemed repealed and
section 259-mm of the executive law, as added by  section  one  of  this
act, shall take effect.
  §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of  certain  correc-
tional  facilities,  providing  for  the  custody  by  the department of
correctional services of inmates serving definite  sentences,  providing
for  custody  of  federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 22 of part O  of  chapter
55 of the laws of 2019, is amended to read as follows:

S. 7505--A                         11                         A. 9505--A

  §  8.  This  act shall take effect immediately; provided, however that
sections five and six of this act shall expire and  be  deemed  repealed
September 1, [2020] 2022.
  § 23. Section 3 of part C of chapter 152 of the laws of 2001, amending
the military law relating to military funds of the organized militia, as
amended  by  section  23 of part O of chapter 55 of the laws of 2019, is
amended to read as follows:
  § 3. This act shall take effect immediately; provided however that the
amendments made to subdivision 1 of section 221 of the military  law  by
section two of this act shall expire and be deemed repealed September 1,
[2020] 2022.
  §  24.  Section  5  of  chapter  554 of the laws of 1986, amending the
correction law and the penal law relating  to  providing  for  community
treatment  facilities  and establishing the crime of absconding from the
community treatment facility, as amended by section  24  of  part  O  of
chapter 55 of the laws of 2019, is amended to read as follows:
  §  5.  This act shall take effect immediately and shall remain in full
force and effect until September 1, [2020] 2022,  and  provided  further
that the commissioner of correctional services shall report each January
first  and July first during such time as this legislation is in effect,
to the chairmen of  the  senate  crime  victims,  crime  and  correction
committee,  the  senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at  each  facility  who
are  not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
  § 25. Section 2 of part F of chapter 55 of the laws of 2018,  amending
the  criminal  procedure law relating to pre-criminal proceeding settle-
ments in the city of New York, as amended by section 25  of  part  O  of
chapter 55 of the laws of 2019, is amended to read as follows:
  §  2.  This act shall take effect immediately and shall remain in full
force and effect until March 31, [2020] 2022, when it shall  expire  and
be deemed repealed.
  §  26.  This  act shall take effect immediately, provided however that
section twenty-five of this act shall be deemed to  have  been  in  full
force and effect on and after March 31, 2020.

                                 PART B

  Section  1.  Subdivision 16 of section 168-a of the correction law, as
added by chapter 67 of the laws of 2008, is amended to read as follows:
  16. "Authorized internet entity" means any business,  organization  or
other  entity  providing  or  offering a service over the internet which
permits persons [under eighteen years of age] to access,  meet,  congre-
gate  or communicate with other users for the purpose of social network-
ing.  This definition shall not include general e-mail services.
  Section 2. Subdivision 18 of section 168-a of the correction  law,  as
added by chapter 67 of the laws of 2008, is amended to read as follows:
  18. "Internet identifiers" means [electronic mail addresses and desig-
nations  used  for  the  purposes  of  chat,  instant  messaging, social
networking or other similar internet communication] (A)  PERSON-SPECIFIC
DESIGNATIONS,  INCLUDING  BUT  NOT LIMITED TO ELECTRONIC MAIL ADDRESSES,
PHONE NUMBERS, ACCOUNT NAMES, USER NAMES, SCREEN NAMES AND GAMING  TAGS,
AS WELL AS ALIASES USED FOR THE PURPOSES OF CHATTING, MESSAGING, GAMING,
DATING,  NETWORKING, SOCIAL MEDIA, FILE SHARING, INFORMATION SHARING, OR

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

OTHER INTERNET COMMUNICATION OR CONTACT AND (B) THE  NAME  OR  NAMES  OF
INTERNET  APPLICATIONS,  OR OTHER DOWNLOADABLE APPLICATIONS INTENDED FOR
USE ON A MOBILE DEVICE, SITES, PLATFORMS OR OTHER  SOFTWARE  WHERE  SUCH
PERSON-SPECIFIC  DESIGNATIONS  OR  ALIASES  ARE  USED TO ENGAGE IN CHAT,
MESSAGING, GAMING,  DATING,  NETWORKING,  SOCIAL  MEDIA,  FILE  SHARING,
INFORMATION SHARING, OR OTHER INTERNET COMMUNICATION OR CONTACT.
  §  3.  Subdivision 10 of section 168-b of the correction law, as added
by chapter 67 of the laws of 2008, is amended to read as follows:
  10. The division shall, upon the request of  any  authorized  internet
entity,  release  to  such entity internet identifiers that would enable
such entity to prescreen or remove sex offenders from its  services  or,
in  conformity with state and federal law, advise law enforcement and/or
other governmental  entities  of  potential  violations  of  law  and/or
threats  to public safety. Before releasing any information the division
shall require an authorized internet entity  that  requests  information
from  the registry to submit to the division the name, address and tele-
phone number of such entity and the specific legal nature and  corporate
status  of such entity. Except for the purposes specified in this subdi-
vision, an authorized internet entity shall not publish or  in  any  way
disclose  or  redisclose  any information provided to it by the division
pursuant to this subdivision.  AN AUTHORIZED INTERNET ENTITY OR INTERNET
ACCESS PROVIDER SHALL REVIEW THE INFORMATION PROVIDED  BY  THE  DIVISION
PURSUANT  TO  THIS  SECTION. SUCH AUTHORIZED INTERNET ENTITY OR INTERNET
ACCESS PROVIDER SHALL DEVELOP POLICIES REGARDING THE USE OF SUCH  INFOR-
MATION  AND  PUBLICLY  RELEASE SUCH POLICIES TO ITS USERS, IN ACCORDANCE
WITH RULES AND REGULATIONS PROMULGATED BY THE DIVISION PURSUANT TO  THIS
SUBDIVISION. The division may charge an authorized internet entity a fee
for  access  to registered internet identifiers requested by such entity
pursuant to this subdivision.  The division shall promulgate  rules  and
regulations relating to procedures for the release of information in the
registry,  including but not limited to, the disclosure and redisclosure
of such information, and the imposition of any fees, AND RULES AND REGU-
LATIONS RELATING TO CRITERIA REQUIRED FOR THE POLICIES TO  BE  DEVELOPED
BY AUTHORIZED INTERNET ENTITIES AND INTERNET ACCESS PROVIDERS.
  § 4. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is relettered section 168-x and a new section 168-w
is added to read as follows:
  § 168-W. CRIMINAL PERSONATION BY A SEX OFFENDER. 1. A PERSON IS GUILTY
OF CRIMINAL PERSONATION BY A SEX OFFENDER WHEN, BEING REQUIRED TO REGIS-
TER  OR  VERIFY UNDER THE PROVISIONS OF THIS ARTICLE, HE OR SHE, FOR THE
PURPOSE OF ENGAGING IN  CHAT,  MESSAGING,  GAMING,  DATING,  NETWORKING,
SOCIAL  MEDIA,  FILE  SHARING,  INFORMATION  SHARING,  OR OTHER INTERNET
COMMUNICATION OR CONTACT, KNOWINGLY  MISREPRESENTS  HIS  OR  HER  ACTUAL
NAME,  GENDER,  DATE  OF  BIRTH, ADDRESS, OR STATUS AS A SEX OFFENDER TO
ANOTHER PERSON, WITH THE INTENT  TO  DEFRAUD,  DECEIVE  OR  INJURE  SUCH
PERSON OR ANOTHER PERSON.
  2.  ANY SEX OFFENDER REQUIRED TO REGISTER OR TO VERIFY PURSUANT TO THE
PROVISIONS OF THIS ARTICLE WHO COMMITS THE CRIME OF CRIMINAL PERSONATION
BY A SEX OFFENDER AS DEFINED IN SUBDIVISION ONE OF THIS SECTION SHALL BE
GUILTY OF A CLASS E FELONY UPON CONVICTION FOR THE  FIRST  OFFENSE,  AND
UPON  CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A
CLASS D FELONY. THE COMMISSION OF SUCH OFFENSE SHALL ALSO BE  THE  BASIS
FOR REVOCATION OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF
THE  EXECUTIVE  LAW OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT TO
ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
  § 5. This act shall take effect immediately.

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

                                 PART C

  Section 1. Subdivision 6 of section 130.00 of the penal law is amended
to read as follows:
  6.  "Mentally incapacitated" means that a person is rendered temporar-
ily incapable of appraising or controlling his OR HER conduct  owing  to
the  influence  of  a narcotic or intoxicating substance administered to
him OR HER without his OR HER consent, or to  any  other  act  committed
upon him OR HER without his OR HER consent.
  §  2.  Paragraph  (d)  of subdivision 2 of section 130.05 of the penal
law, as amended by chapter 40 of the laws of 2004, is amended and a  new
paragraph (e) is added to read as follows:
  (d)  Where  the  offense  charged  is  SEXUAL MISCONDUCT AS DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 130.20, rape in the third degree  as
defined  in  subdivision three of section 130.25, or criminal sexual act
in the third degree as defined in subdivision three of  section  130.40,
in  addition  to  forcible compulsion, circumstances under which, at the
time of the act of intercourse,  oral  sexual  conduct  or  anal  sexual
conduct,  the victim clearly expressed that he or she did not consent to
engage in such act, and a reasonable person  in  the  actor's  situation
would  have  understood such person's words and acts as an expression of
lack of consent to such act under all the circumstances[.]; OR
  (E) WHERE THE OFFENSE CHARGED  IS  SEXUAL  MISCONDUCT  AS  DEFINED  IN
SUBDIVISIONS  ONE AND TWO OF SECTION 130.20, RAPE IN THE THIRD DEGREE AS
DEFINED IN SUBDIVISION THREE OF SECTION 130.25, OR CRIMINAL  SEXUAL  ACT
IN  THE  THIRD DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.40,
IN ADDITION TO FORCIBLE COMPULSION, CIRCUMSTANCES UNDER  WHICH,  AT  THE
TIME  OF  THE  ACT  OF  INTERCOURSE,  ORAL SEXUAL CONDUCT OR ANAL SEXUAL
CONDUCT, THE VICTIM IS UNDER THE INFLUENCE OF ANY DRUG,  INTOXICANT,  OR
OTHER  SUBSTANCE  TO  A  DEGREE WHICH RENDERS THAT PERSON UNABLE TO GIVE
KNOWING AND VOLUNTARY CONSENT AND THAT CONDITION IS KNOWN OR  REASONABLY
SHOULD BE KNOWN TO A PERSON IN THE ACTOR'S SITUATION.
  §  3.  Subdivision  4  of section 130.35 of the penal law, as added by
chapter 1 of the laws of 2000, is amended and a  new  subdivision  5  is
added to read as follows:
  4. Who is less than thirteen years old and the actor is eighteen years
old or more[.]; OR
  5.  WHO  IS INCAPABLE OF CONSENT BY REASON OF BEING MENTALLY INCAPACI-
TATED AS DEFINED IN SUBDIVISION SIX OF SECTION 130.00  OF  THIS  ARTICLE
AND  SUCH INCAPACITATION IS DUE IN PART TO THE CONDUCT OF THE ACTOR, AND
THE ACTOR INTENDED TO CAUSE SUCH INCAPACITATION.
  § 4. Subdivision 4 of section 130.50 of the penal law, as  amended  by
chapter  264  of the laws of 2003, is amended and a new subdivision 5 is
added to read as follows:
  4. Who is less than thirteen years old and the actor is eighteen years
old or more[.]; OR
  5. WHO IS INCAPABLE OF CONSENT BY REASON OF BEING  MENTALLY  INCAPACI-
TATED  AS  DEFINED  IN SUBDIVISION SIX OF SECTION 130.00 OF THIS ARTICLE
AND SUCH INCAPACITATION IS DUE IN PART TO THE CONDUCT OF THE ACTOR,  AND
THE ACTOR INTENDED TO CAUSE SUCH INCAPACITATION.
  § 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART D

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

  Section  1.  Section  7  of  part Y of chapter 57 of the laws of 2018,
amending the education law relating to  persons  practicing  in  certain
licensed  programs or services who are exempt from practice requirements
of professionals licensed by the department of education, is amended  to
read as follows:
  § 7. Programs and services operated, regulated, funded, or approved by
the  department  of  mental  hygiene,  the office of children and family
services, the department of corrections and community  supervision,  the
office  of temporary and disability assistance, the state office for the
aging [and], the department of health,  AND  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES or a local governmental unit as the term is defined in
section 41.03 of the mental hygiene law or a social services district as
defined in section 61 of the social services law shall not  be  required
to receive a waiver pursuant to section 6503-a of the education law and,
further,  such  programs  and  services  shall  also be considered to be
approved settings for the  receipt  of  supervised  experience  for  the
professions governed by articles 153, 154 and 163 of the education law.
  § 2. This act shall take effect immediately.

                                 PART E

  Section  1.  The  state finance law is amended by adding a new section
99-hh to read as follows:
  § 99-HH. DISTRICT ATTORNEY DISCOVERY COMPENSATION FUND.   1. THERE  IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE DISTRICT
ATTORNEY DISCOVERY COMPENSATION FUND.
  2. (A) SUCH FUND SHALL CONSIST OF TWO MILLION DOLLARS  UPON  IMMEDIATE
TRANSFER FROM FUNDS SECURED BY PAYMENTS ASSOCIATED WITH STATE SANCTIONED
DEFERRED  PROSECUTION  AGREEMENTS  CURRENTLY  HELD  ON  DEPOSIT WITH THE
OFFICE OF THE MANHATTAN DISTRICT ATTORNEY.
  (B) THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY SHALL ANNUALLY REMIT
TWO MILLION DOLLARS OF  FUTURE  STATE  SANCTIONED  DEFERRED  PROSECUTION
AGREEMENT  FUNDS  WHICH HAVE BEEN SECURED BY JANUARY FIRST OF THE SUBSE-
QUENT YEAR. IF TWO MILLION  DOLLARS  IN  FUTURE  FUNDING  HAS  NOT  BEEN
SECURED,  THE  OFFICE  OF THE MANHATTAN DISTRICT ATTORNEY SHALL TRANSFER
TWO MILLION DOLLARS FROM FUNDS SECURED BY PAYMENTS ASSOCIATED WITH STATE
SANCTIONED DEFERRED PROSECUTION AGREEMENTS  CURRENTLY  HELD  ON  DEPOSIT
WITH THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY BY JANUARY FIRST.
  3.  MONIES  OF  THE  DISTRICT  ATTORNEY  DISCOVERY  COMPENSATION FUND,
FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE  DIREC-
TOR OF THE BUDGET, SHALL BE MADE AVAILABLE FOR LOCAL ASSISTANCE SERVICES
AND EXPENSES RELATED TO DIGITAL EVIDENCE TRANSMISSION TECHNOLOGY.
  §  2. Section 95.00 of the criminal procedure law, as added by section
1 of part F of chapter 55 of the laws of 2018, is  amended  to  read  as
follows:
§ 95.00 Pre-criminal proceeding settlement.
  When  a  county district attorney of a county located in a city of one
million or more recovers monies  before  the  filing  of  an  accusatory
instrument  as  defined in subdivision one of section 1.20 of this chap-
ter, after injured parties  have  been  appropriately  compensated,  the
district  attorney's  office  shall retain a percentage of the remaining
such monies in recognition that such monies were recovered as  a  result
of investigations undertaken by such office. For each recovery the total
amount  of  such monies to be retained by the county district attorney's
office shall equal ten percent of the first twenty-five million  dollars

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

received  by such office, plus seven and one-half percent of such monies
received by such office in excess of  twenty-five  million  dollars  but
less  than  fifty  million dollars, plus five percent of any such monies
received by such office in excess of fifty million dollars but less than
one hundred million dollars, plus one percent of such monies received by
such  office  in excess of one hundred million dollars. The remainder of
such monies shall be paid by the district attorney's office to the state
and to the county in equal amounts within thirty days of receipt,  where
disposition  of  such  monies is not otherwise prescribed by law. Monies
distributed to a county district  attorney's  office  pursuant  to  this
section  shall  be  used  to  enhance law enforcement efforts within the
state of New York. On December first of each year, every district attor-
ney shall provide the governor, temporary president of  the  senate  and
speaker of the assembly with an annual report detailing the total amount
of  monies  received  as  described herein by his or her office [and], a
description of how and where such funds, AND  AN  ITEMIZATION  OF  FUNDS
RECEIVED  IN  THE  PREVIOUS  TEN  YEARS,  were distributed by his or her
office but shall not include a description of the distribution of monies
where the disclosure of such information  would  interfere  with  a  law
enforcement  investigation  or  a  judicial  proceeding, AND THE CURRENT
TOTAL BALANCE OF MONIES HELD ON DEPOSIT FOR  STATE  SANCTIONED  DEFERRED
PROSECUTION  AGREEMENTS. The report shall include a detailed description
of any entity to which funds are distributed, including but not  limited
to,  whether  it  is  a  profit  or  not-for-profit  entity, where it is
located, and the intended use of the monies distributed, and shall state
the law enforcement purpose.
  § 3. This act shall take effect immediately; provided,  however,  that
the  amendments  to  section 95.00 of the criminal procedure law made by
section two of this act shall not affect the repeal of such section  and
shall be deemed repealed therewith.

                                 PART F

  Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
the  correction  law,  the  governor is authorized to close correctional
facilities of the department of corrections and  community  supervision,
in the state fiscal year 2020-2021, as he determines to be necessary for
the  cost-effective  and efficient operation of the correctional system,
provided that the governor provides at least 90 days notice prior to any
such closures to the temporary president of the senate and  the  speaker
of the assembly.
  §  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020 and  shall
expire and be deemed repealed March 31, 2021.

                                 PART G

  Section  1.  Paragraph  (a-1) of subdivision 4 of section 70.20 of the
penal law is REPEALED.
  § 2. Section 77 of the correction law is REPEALED.
  § 3. The correction law is amended by adding a new section 80 to  read
as follows:
  §  80. TRANSFER OF ADOLESCENTS FROM THE DEPARTMENT. THE DEPARTMENT AND
THE OFFICE OF CHILDREN AND FAMILY SERVICES  SHALL  JOINTLY  ESTABLISH  A
TRANSITION  PLAN  AND PROTOCOL TO BE USED IN TRANSFERRING CUSTODY OF ALL
ADOLESCENT OFFENDERS AND INDIVIDUALS UNDER THE AGE OF EIGHTEEN FROM  THE

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

CUSTODY  OF  THE DEPARTMENT TO THE CUSTODY OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES ON OR BEFORE OCTOBER FIRST,  TWO  THOUSAND  TWENTY.  THE
PLAN  AND PROTOCOL SHALL BE COMPLETED ON OR BEFORE JULY FIRST, TWO THOU-
SAND TWENTY.
  § 4. The section heading and subdivisions 1, 2, 7 and 8 of section 508
of the executive law, the section heading as added by chapter 481 of the
laws  of  1978,  subdivision  1 as amended by chapter 738 of the laws of
2004, subdivisions 2, 7 and 8 as amended by section 82 of  part  WWW  of
chapter 59 of the laws of 2017 and such section as renumbered by chapter
465 of the laws of 1992, are amended to read as follows:
  Juvenile offender AND ADOLESCENT OFFENDER facilities. 1. The office of
children  and  family  services shall maintain secure facilities for the
care and confinement of  juvenile  offenders  AND  ADOLESCENT  OFFENDERS
committed  for  [an  indeterminate,  determinate or definite] A sentence
pursuant to the sentencing provisions of the penal law. Such  facilities
shall  provide appropriate services to juvenile offenders AND ADOLESCENT
OFFENDERS including but not limited to residential care, educational and
vocational training, physical and mental health services, and employment
counseling.
  2. Juvenile offenders AND ADOLESCENT OFFENDERS shall  be  confined  in
such  facilities  until  the  age of twenty-one in accordance with their
sentences, and shall not  be  released,  discharged  or  permitted  home
visits except pursuant to the provisions of this section.
  7. While in the custody of the office of children and family services,
an offender shall be subject to the rules and regulations of the office,
except  that his or her parole, temporary release and discharge shall be
governed by the laws applicable to inmates of state correctional facili-
ties and his or her transfer to state hospitals in the office of  mental
health  shall be governed by section five hundred nine of this [chapter]
ARTICLE; provided, however, that  an  otherwise  eligible  offender  may
receive  the  six-month  limited  credit  time  allowance for successful
participation in one or more programs developed by the office  of  chil-
dren  and  family services that are comparable to the programs set forth
in section eight hundred three-b of  the  correction  law,  taking  into
consideration  the  age  of offenders. The commissioner of the office of
children and family  services  shall,  however,  establish  and  operate
temporary  release  programs  at  office of children and family services
facilities for eligible juvenile offenders AND ADOLESCENT OFFENDERS  and
contract  with  the  department of corrections and community supervision
for the provision of parole supervision services for  temporary  releas-
ees.  The  rules  and regulations for these programs shall not be incon-
sistent with the laws for temporary release  applicable  to  inmates  of
state  correctional  facilities.  For  the purposes of temporary release
programs for juvenile offenders  AND  ADOLESCENT  OFFENDERS  only,  when
referred  to  or  defined  in  article twenty-six of the correction law,
"institution" shall mean any facility designated by the commissioner  of
the  office of children and family services, "department" shall mean the
office of children and family services, "inmate" shall mean  a  juvenile
offender  OR  ADOLESCENT  OFFENDER residing in an office of children and
family services facility, and "commissioner" shall mean the commissioner
of the office of children and family services. Time spent in  office  of
children and family services facilities and in juvenile detention facil-
ities  shall be credited towards the sentence imposed in the same manner
and to the same extent  applicable  to  inmates  of  state  correctional
facilities.

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

  8.  Whenever  a  juvenile  offender, ADOLESCENT OFFENDER or a juvenile
offender OR ADOLESCENT OFFENDER adjudicated a youthful offender shall be
delivered to the director of an office of children and  family  services
facility  pursuant  to a commitment to the office of children and family
services,  the  officer  so delivering such person shall deliver to such
facility director a certified copy of  the  sentence  received  by  such
officer from the clerk of the court by which such person shall have been
sentenced, a copy of the report of the probation officer's investigation
and  report,  any  other  pre-sentence memoranda filed with the court, a
copy of the person's fingerprint records, a detailed summary  of  avail-
able  medical  records,  psychiatric  records  and  reports  relating to
assaults, or other violent acts, attempts at suicide or  escape  by  the
person while in the custody of a local detention facility.
  § 5. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 of section
508 of the executive law are REPEALED.
  § 6. This act shall take effect immediately; provided that:
  a. sections one and four of this act shall take effect on the sixtieth
day  after  this  act  shall  have  become a law and the changes made by
section one shall apply to sentences ordered pursuant to  section  70.20
of the penal law on or after the effective date;
  b. section two of this act shall take effect October 1, 2020; and
  c.  section  three  of this act shall expire October 1, 2021 when upon
such date the provisions of  such  section  shall  be  deemed  repealed.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  to  be made and completed on or before such
effective date.

                                 PART H

  Section 1. Paragraph a of subdivision 2 of section 162  of  the  state
finance law, as amended by section 164 of subpart B of part C of chapter
62 of the laws of 2011, is amended to read as follows:
  a.  Commodities  AND  SERVICES produced by the correctional industries
program of the department of corrections and community  supervision  and
provided to the state pursuant to subdivision two of section one hundred
eighty-four of the correction law;
  § 2. Subparagraph (iii) of paragraph b of subdivision 4 of section 162
of the state finance law, as amended by chapter 430 of the laws of 1997,
is amended and a new subparagraph (iv) is added to read as follows:
  (iii) if, within ten days of the notification required by subparagraph
(i)  of this paragraph, no preferred source or facilitating entity iden-
tified in paragraph e of  subdivision  six  of  this  section  indicates
intent  to  provide  the service, [then the service shall be procured in
accordance with section one hundred sixty-three  of  this  article.  If,
after  such  period,  a  preferred  source elects to bid on the service,
award shall be made in accordance with section one  hundred  sixty-three
of this article or as otherwise provided by law] STATE AGENCIES OR POLI-
TICAL  SUBDIVISIONS  OR  PUBLIC  BENEFIT  CORPORATIONS  HAVING THEIR OWN
PURCHASING AGENCY SHALL MAKE REASONABLE EFFORTS TO PROVIDE  A  NOTIFICA-
TION  DESCRIBING  THEIR  REQUIREMENTS  TO  THE  CORRECTIONAL  INDUSTRIES
PROGRAM OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,  AND
IF  THE CORRECTIONAL INDUSTRIES PROGRAM OF THE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION PROVIDES A NOTICE OF  INTENT  TO  PROVIDE  THE
SERVICE  IN  THE  FORM,  FUNCTION  AND  UTILITY  REQUIRED, AT A PRICE IN
ACCORDANCE WITH THE PRICE PROVISIONS SET FORTH HEREIN, THEN THE  SERVICE

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

SHALL  BE  PURCHASED  FROM  THE  CORRECTIONAL  INDUSTRIES PROGRAM OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  (IV)  IF, WITHIN TEN DAYS OF THE NOTIFICATION REQUIRED BY SUBPARAGRAPH
(III) OF THIS PARAGRAPH, THE  CORRECTIONAL  INDUSTRIES  PROGRAM  OF  THE
DEPARTMENT  OF  CORRECTIONS  AND COMMUNITY SUPERVISION DOES NOT INDICATE
INTENT TO PROVIDE THE SERVICE, THEN THE SERVICE  SHALL  BE  PROCURED  IN
ACCORDANCE  WITH  SECTION  ONE  HUNDRED SIXTY-THREE OF THIS ARTICLE. IF,
AFTER SUCH PERIOD, A PREFERRED SOURCE ELECTS  TO  BID  ON  THE  SERVICE,
AWARD  SHALL  BE MADE IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-THREE
OF THIS ARTICLE OR AS OTHERWISE PROVIDED BY LAW.
  § 3. The opening paragraph of subdivision 5  of  section  162  of  the
state  finance  law, as amended by section 164 of subpart B of part C of
chapter 62 of the laws of 2011, is amended to read as follows:
  The prices to be charged for commodities AND SERVICES produced by  the
correctional  industries  program  of  the department of corrections and
community supervision  shall  be  established  by  the  commissioner  of
corrections  and  community  supervision  in accordance with section one
hundred eighty-six of the correction law.
  § 4. This act shall take effect immediately.

                                 PART I

  Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
law,  as  amended  by  section  1 of part M of chapter 55 of the laws of
2018, is amended to read as follows:
  (b) The sum of one million  five  hundred  thousand  dollars  must  be
deposited into the New York state emergency services revolving loan fund
annually;  provided,  however, that such sums shall not be deposited for
state fiscal years two thousand eleven--two thousand twelve,  two  thou-
sand  twelve--two thousand thirteen, two thousand fourteen--two thousand
fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
sixteen--two  thousand  seventeen,  two thousand seventeen--two thousand
eighteen, two thousand eighteen--two thousand nineteen [and], two  thou-
sand  nineteen--two  thousand  twenty, TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO;
  § 2. This act shall take effect April 1, 2020.

                                 PART J

  Section 1. Subdivision 3 of section  215  of  the  executive  law,  as
amended  by  chapter  478  of  the  laws  of 2004, is amended to read as
follows:
  3. The sworn members of the New York state police shall  be  appointed
by  the  superintendent  and  permanent appointees may be removed by the
superintendent only after a hearing. No person shall be appointed to the
New York state police force as a sworn member unless he or she shall  be
a citizen of the United States, between the ages of twenty-one and twen-
ty-nine  years except that in the superintendent's discretion, the maxi-
mum age may be extended to thirty-five years.   THE  SUPERINTENDENT  MAY
WAIVE  THE  MAXIMUM  AGE  FOR  APPOINTMENT IN THE CASE OF ANY INDIVIDUAL
EMPLOYED BY THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS
A POLICE OFFICER, AS DEFINED IN SECTION 1.20 OF THE  CRIMINAL  PROCEDURE
LAW,  WHO  IS  APPOINTED TO THE NEW YORK STATE POLICE AS A RESULT OF THE
NEW YORK STATE POLICE ASSUMING THE LAW ENFORCEMENT  RESPONSIBILITIES  OF
THAT  STATE  AGENCY.  Notwithstanding  any other provision of law or any
general or special law to the contrary the time spent on military  duty,

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

not exceeding a total of [six] SEVEN years, shall be subtracted from the
age  of  any  applicant who has passed his or her twenty-ninth birthday,
solely for the purpose of permitting qualification as to age and for  no
other  purpose.  Such  limitations  as to age however shall not apply to
persons appointed to the positions of counsel, first assistant  counsel,
assistant  counsel,  and  assistant  deputy  superintendent for employee
relations nor to any person appointed to the bureau of criminal investi-
gation pursuant to section two hundred sixteen of this article nor shall
any person be appointed unless he or she  has  fitness  and  good  moral
character  and shall have passed a physical and mental examination based
upon standards provided by the rules and regulations of the  superinten-
dent. Appointments shall be made for a probationary period which, in the
case  of  appointees  required  to  attend and complete a basic training
program at the state police  academy,  shall  include  such  time  spent
attending  the  basic  school  and  terminate  one year after successful
completion thereof. All other sworn members shall be subject to a proba-
tionary period of one year  from  the  date  of  appointment.  Following
satisfactory completion of the probationary period the member shall be a
permanent  appointee.  Voluntary  resignation or withdrawal from the New
York state police during such appointment  shall  be  submitted  to  the
superintendent  for  approval.    Reasonable  time  shall be required to
account for all equipment issued or for  debts  or  obligations  to  the
state  to  be  satisfied.  Resignation  or  withdrawal from the division
during a time of emergency, so declared by the governor,  shall  not  be
approved  if  contrary  to the best interest of the state and shall be a
misdemeanor. No sworn member removed from  the  New  York  state  police
shall be eligible for reappointment. The superintendent shall make rules
and  regulations  subject to approval by the governor for the discipline
and control of the New York state police and  for  the  examination  and
qualifications of applicants for appointment as members thereto and such
examinations  shall  be held and conducted by the superintendent subject
to such rules and  regulations.  The  superintendent  is  authorized  to
charge  a  fee  of  twenty  dollars as an application fee for any person
applying to take a competitive examination for the position of  trooper,
and a fee of five dollars for any competitive examination for a civilian
position. The superintendent shall promulgate regulations subject to the
approval  of  the director of the budget, to provide for a waiver of the
application fee when the fee would cause an unreasonable hardship on the
applicant and to establish a fee schedule and charge fees for the use of
state police facilities.
  § 2. This act shall take effect immediately; provided,  however,  that
the amendments to subdivision 3 of section 215 of the executive law made
by  section one of this act shall expire and be deemed repealed April 1,
2023.

                                 PART K

  Section 1. Section 265.00 of the penal law is amended by adding a  new
subdivision 31 to read as follows:
  31.  "UNFINISHED FRAME OR RECEIVER" MEANS A PIECE OF ANY MATERIAL THAT
DOES NOT CONSTITUTE THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR  SHOT-
GUN,  BUT  THAT  HAS BEEN SHAPED OR FORMED IN ANY WAY FOR THE PURPOSE OF
BECOMING THE FRAME OR RECEIVER OF A FIREARM,  RIFLE,  OR  SHOTGUN.  SUCH
TERM  SHALL  NOT  INCLUDE  A  PIECE OF MATERIAL THAT HAS HAD ITS SIZE OR
EXTERNAL SHAPE ALTERED TO FACILITATE TRANSPORTATION OR  STORAGE  OR  HAS
HAD ITS CHEMICAL COMPOSITION ALTERED.

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

  §  2.  Subdivision  10 of section 265.02 of the penal law, as added by
chapter 1 of the laws of 2013, is amended and a new  subdivision  11  is
added to read as follows:
  (10)  Such  person  possesses an unloaded firearm and also commits any
violent felony offense as defined in subdivision one of section 70.02 of
this chapter as part of the same criminal transaction[.]; OR
  (11) SUCH PERSON POSSESSES A MAJOR COMPONENT OF A FIREARM,  RIFLE,  OR
SHOTGUN,  OR AN UNFINISHED FRAME OR RECEIVER, AND SUCH PERSON IS PROHIB-
ITED FROM POSSESSING A SHOTGUN OR RIFLE PURSUANT TO: (I)  THIS  ARTICLE;
(II)  SUBSECTION  (G)  OF  SECTION  922 OF TITLE 18 OF THE UNITED STATES
CODE; OR (III) A TEMPORARY OR FINAL EXTREME RISK PROTECTION ORDER ISSUED
UNDER ARTICLE SIXTY-THREE-A OF THE CIVIL PRACTICE LAW AND RULES.
  § 3. The penal law is amended by adding a new section 400.04  to  read
as follows:
§ 400.04 SALE OR TRANSFER OF FIREARM, RIFLE, OR SHOTGUN COMPONENTS.
  1. NO COMMERCIAL TRANSFER OF A MAJOR COMPONENT OF A FIREARM, RIFLE, OR
SHOTGUN,  OR  AN UNFINISHED FRAME OR RECEIVER, SHALL TAKE PLACE UNLESS A
DEALER IN FIREARMS THAT IS VALIDLY LICENSED PURSUANT TO  SECTION  400.00
OF  THIS  ARTICLE  OR SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE,
ACTS AS AN INTERMEDIARY BETWEEN THE TRANSFEROR AND THE  ULTIMATE  TRANS-
FEREE  OF  SUCH  MAJOR  COMPONENT  OR UNFINISHED FRAME OR RECEIVER. SUCH
TRANSFER BETWEEN THE DEALER AND TRANSFEREE MUST OCCUR IN  PERSON.  PRIOR
TO COMPLETING A TRANSFER PURSUANT TO THIS SECTION THE DEALER IN FIREARMS
MUST  VERIFY  THE  IDENTITY OF THE TRANSFEREE BY EXAMINING A VALID STATE
IDENTIFICATION DOCUMENT OF THE TRANSFEREE ISSUED BY  THE  DEPARTMENT  OF
MOTOR  VEHICLES OR, IF SUCH TRANSFEREE IS NOT A RESIDENT OF THE STATE OF
NEW YORK, A VALID IDENTIFICATION DOCUMENT ISSUED  BY  SUCH  TRANSFEREE'S
STATE  OR COUNTRY OF RESIDENCE CONTAINING A PHOTOGRAPH OF SUCH TRANSFER-
EE.
  2. EVERY DEALER IN FIREARMS SHALL KEEP A RECORD BOOK AND ENTER AT  THE
TIME OF EVERY TRANSACTION INVOLVING THE TRANSFER OF A MAJOR COMPONENT OF
A  FIREARM,  RIFLE,  OR SHOTGUN, OR AN UNFINISHED FRAME OR RECEIVER, THE
DATE, NAME, AGE, AND RESIDENCE OF ANY PERSON TO WHOM SUCH  MAJOR  COMPO-
NENT OR UNFINISHED FRAME OR RECEIVER IS DELIVERED, AND, IN THE CASE OF A
RECEIVER  OR  A  FRAME OF A FIREARM, RIFLE, OR SHOTGUN, OR AN UNFINISHED
FRAME OR RECEIVER, THE SERIAL NUMBER ENGRAVED, CAST OR  STAMPED  THEREON
OR,  IF  NONE,  THE  SERIAL  NUMBER  ASSIGNED TO THE UNFINISHED FRAME OR
RECEIVER PURSUANT TO THIS SECTION.
  3. NO DEALER IN FIREARMS MAY COMPLETE  A  TRANSFER  PURSUANT  TO  THIS
SECTION  UNLESS  (I) THE FRAME OR RECEIVER OF A FIREARM, RIFLE, OR SHOT-
GUN, OR UNFINISHED FRAME OR RECEIVER, IS CONSPICUOUSLY  ENGRAVED,  CAST,
OR STAMPED WITH A UNIQUE SERIAL NUMBER, OR (II) IN THE CASE OF AN UNFIN-
ISHED  FRAME  OR  RECEIVER  THAT  LACKS SUCH A UNIQUE SERIAL NUMBER, THE
DEALER IN FIREARMS FIRST REQUESTS AND OBTAINS A UNIQUE SERIAL NUMBER FOR
EACH UNFINISHED FRAME OR RECEIVER PURSUANT TO SUBDIVISION FOUR  OF  THIS
SECTION AND PROVIDES THE UNIQUE SERIAL NUMBER ASSIGNED TO THE UNFINISHED
FRAME OR RECEIVER TO THE TRANSFEREE.
  4.  UPON THE REQUEST OF A DEALER IN FIREARMS MADE PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION, THE DIVISION OF STATE POLICE SHALL  ISSUE  A
UNIQUE SERIAL NUMBER FOR EACH UNFINISHED FRAME OR RECEIVER, TRANSMIT THE
SERIAL  NUMBER  TO  THE REQUESTING DEALER, AND MAINTAIN A RECORD OF EACH
SERIAL NUMBER ISSUED, THE DATE OF ISSUANCE,  AND  THE  IDENTITY  OF  THE
REQUESTING DEALER.
  5.  EVERY  TRANSFEREE  TAKING  POSSESSION  OF  AN  UNFINISHED FRAME OR
RECEIVER SHALL ENSURE THAT THE UNIQUE SERIAL  NUMBER  ASSIGNED  TO  SUCH
UNFINISHED FRAME OR RECEIVER PURSUANT TO THIS SECTION IS PERMANENTLY AND

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

CONSPICUOUSLY  ENGRAVED,  CAST,  OR STAMPED UPON THE UNFINISHED FRAME OR
RECEIVER IN A MANNER THAT MEETS OR EXCEEDS THE REQUIREMENTS  IMPOSED  ON
LICENSED  IMPORTERS  AND  LICENSED MANUFACTURERS OF FIREARMS PURSUANT TO
SUBSECTION  (I) OF SECTION 923 OF TITLE 18 OF THE UNITED STATES CODE AND
REGULATIONS ISSUED  PURSUANT  THERETO,  WITHIN  THIRTY  DAYS  OF  TAKING
POSSESSION OF SUCH UNFINISHED FRAME OR RECEIVER.
  6.  ANY  PERSON  NOT A VALIDLY LICENSED DEALER IN FIREARMS PURSUANT TO
SECTION 400.00 OF THIS ARTICLE OR SECTION 923 OF TITLE 18 OF THE  UNITED
STATES  CODE  WHO VIOLATES SUBDIVISION ONE OR FIVE OF THIS SECTION SHALL
BE GUILTY OF A CLASS D FELONY.  ANY  DEALER  IN  FIREARMS  WHO  VIOLATES
SUBDIVISION THREE OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEA-
NOR  AND ANY LICENSE OF SUCH DEALER ISSUED PURSUANT TO SECTION 400.00 OF
THIS ARTICLE SHALL BE REVOKED.  ANY  DEALER  IN  FIREARMS  WHO  VIOLATES
SUBDIVISION  ONE  OR  TWO OF THIS SECTION, FOR A FIRST OFFENSE, SHALL BE
GUILTY OF A VIOLATION AND SUBJECT TO THE FINE OF  ONE  THOUSAND  DOLLARS
AND  FOR  A SECOND OFFENSE, SHALL BE GUILTY OF A CLASS B MISDEMEANOR AND
ANY LICENSE OF SUCH DEALER ISSUED PURSUANT TO  SECTION  400.00  OF  THIS
ARTICLE SHALL BE REVOKED.
  § 4. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

                                 PART L

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

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

  (A) THE CONTENTS OF STORED OR IN-TRANSIT ELECTRONIC COMMUNICATIONS;
  (B)  ACCOUNT MEMBERSHIPS RELATED TO INTERNET GROUPS, NEWSGROUPS, MAIL-
ING LISTS, OR SPECIFIC AREAS OF INTEREST;
  (C) ACCOUNT PASSWORDS; AND
  (D) ACCOUNT CONTENT, INCLUDING ELECTRONIC MAIL IN  ANY  FORM,  ADDRESS
BOOKS,  CONTACTS, FINANCIAL RECORDS, WEB SURFING HISTORY, INTERNET PROXY
CONTENT, AND FILES OR OTHER DIGITAL DOCUMENTS STORED WITH THE ACCOUNT OR
PURSUANT TO USE OF THE ACCOUNT.
  § 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

                                 PART M

  Section 1. This act shall be known and may be cited as the "safe homes
and families act".
  § 2. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 6 to read as follows:
  6.  (A)  A POLICE OFFICER WHO RESPONDS TO A REPORT OF A FAMILY OFFENSE
AS DEFINED IN SECTION 530.11 OF THIS CHAPTER AND SECTION  EIGHT  HUNDRED
TWELVE  OF  THE  FAMILY COURT ACT MAY, IN THE INTEREST OF PUBLIC SAFETY,
TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE, ELECTRONIC DART GUN, ELEC-
TRONIC STUN GUN,  DISGUISED  GUN,  IMITATION  WEAPON,  SHOTGUN,  ANTIQUE
FIREARM,  BLACK  POWDER  RIFLE,  BLACK POWDER SHOTGUN, OR MUZZLE-LOADING
FIREARM THAT IS IN PLAIN SIGHT OR IS DISCOVERED  PURSUANT  TO  A  LAWFUL
SEARCH,  AND  SHALL TAKE TEMPORARY CUSTODY OF ANY SUCH WEAPON THAT IS IN
THE POSSESSION OF ANY PERSON ARRESTED FOR THE COMMISSION OF SUCH  FAMILY
OFFENSE  OR SUSPECTED OF ITS COMMISSION. AN OFFICER WHO TAKES CUSTODY OF
ANY WEAPON PURSUANT TO THIS PARAGRAPH SHALL ALSO  TAKE  CUSTODY  OF  ANY
LICENSE  TO CARRY, POSSESS, REPAIR, AND DISPOSE OF SUCH WEAPON ISSUED TO
THE PERSON ARRESTED OR SUSPECTED OF SUCH  FAMILY  OFFENSE.  THE  OFFICER
SHALL DELIVER SUCH WEAPON AND/OR LICENSE TO THE APPROPRIATE LAW ENFORCE-
MENT  OFFICER AS PROVIDED IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDI-
VISION A OF SECTION 265.20 OF THE PENAL LAW.
  (B) UPON TAKING CUSTODY OF WEAPONS OR A LICENSE DESCRIBED IN PARAGRAPH
(A) OF THIS SUBDIVISION, THE RESPONDING OFFICER SHALL GIVE THE OWNER  OR
PERSON  IN  POSSESSION  OF  SUCH WEAPONS OR LICENSE A RECEIPT DESCRIBING
SUCH WEAPONS AND/OR LICENSE AND INDICATING ANY IDENTIFICATION OR  SERIAL
NUMBER  ON  SUCH  WEAPONS. SUCH RECEIPT SHALL INDICATE WHERE THE WEAPONS
AND/OR LICENSE CAN BE RECOVERED AND DESCRIBE THE  PROCESS  FOR  RECOVERY
PROVIDED IN PARAGRAPH (D) OF THIS SUBDIVISION.
  (C)  A  WEAPON  DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT IS
UTILIZED IN THE COMMISSION OF AN OFFENSE, THAT IS UNLAWFULLY  POSSESSED,
OR  THAT A COURT ORDERS TO BE SURRENDERED PURSUANT TO SUBDIVISION TWO OR
SUBDIVISION THREE OF SECTION EIGHT HUNDRED  FORTY-TWO-A  OF  THE  FAMILY
COURT ACT SHALL BE DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF
SECTION  400.05  OF  THE  PENAL LAW AND EITHER DISPOSED OF IN THE MANNER
DESCRIBED IN SUBDIVISION TWO OR  RETAINED  AS  PROVIDED  IN  SUBDIVISION
THREE OF SECTION 400.05 OF THE PENAL LAW.
  (D)  A  FIREARM  OR  OTHER  WEAPON  DESCRIBED IN PARAGRAPH (A) OF THIS
SUBDIVISION WHICH IS TAKEN INTO TEMPORARY CUSTODY AND WHICH HAS NOT BEEN
DECLARED A NUISANCE PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, SHALL
BE RETAINED FOR A PERIOD NOT TO EXCEED ONE YEAR. PRIOR TO THE EXPIRATION
OF SUCH TIME PERIOD, BUT  NO  LESS  THAN  FORTY-EIGHT  HOURS  AFTER  THE
FIREARM OR WEAPON WAS TAKEN INTO TEMPORARY CUSTODY, THE OWNER SHALL HAVE
THE RIGHT TO RECLAIM THE ITEM OR ARRANGE FOR THE SALE OR TRANSFER OF THE
ITEM.  NOTHING  IN  THIS SUBDIVISION AUTHORIZES THE RETURN OF A FIREARM,

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

RIFLE OR SHOTGUN TO A PERSON WHO IS NOT AUTHORIZED TO POSSESS A FIREARM,
RIFLE OR SHOTGUN.
  § 3. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  (A)  UPON  INVESTIGATING  A  REPORT  OF A CRIME OR OFFENSE BETWEEN
MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS SUCH  TERMS  ARE  DEFINED  IN
SECTION  530.11  OF THIS CHAPTER AND SECTION EIGHT HUNDRED TWELVE OF THE
FAMILY COURT ACT, A LAW ENFORCEMENT OFFICER MAY, IN THE INTEREST OF  THE
SAFETY  OF  MEMBERS  OF  THE SAME FAMILY OR HOUSEHOLD OR OTHER PERSON OR
PERSONS, TAKE TEMPORARY CUSTODY OF ANY FIREARM, RIFLE OR SHOTGUN OR  ANY
OTHER  WEAPON  THAT  IS  IN  PLAIN  SIGHT OR IS DISCOVERED PURSUANT TO A
LAWFUL SEARCH.
  (B) UPON TAKING CUSTODY OF ANY FIREARM, RIFLE OR SHOTGUN OR ANY  OTHER
WEAPON  DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE LAW ENFORCE-
MENT OFFICER SHALL PROVIDE THE OWNER OR ANY OTHER ADULT RESIDING ON  THE
PREMISES WITH A RECEIPT DESCRIBING THE ITEMS TAKEN INTO TEMPORARY CUSTO-
DY AND SHALL PROVIDE INSTRUCTIONS FOR CLAIMING THE ITEMS.
  (C)  A  WEAPON  DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION THAT IS
USED IN THE COMMISSION OF AN OFFENSE OR IS UNLAWFULLY POSSESSED SHALL BE
DECLARED A NUISANCE AS PROVIDED IN SUBDIVISION ONE OF SECTION 400.05  OF
THE PENAL LAW AND EITHER DISPOSED OF IN THE MANNER DESCRIBED IN SUBDIVI-
SION  TWO OR RETAINED AS PROVIDED IN SUBDIVISION THREE OF SECTION 400.05
OF THE PENAL LAW.
  (D) A FIREARM OR OTHER WEAPON WHICH IS TAKEN  INTO  TEMPORARY  CUSTODY
AND  WHICH HAS NOT BEEN DECLARED A NUISANCE PURSUANT TO PARAGRAPH (C) OF
THIS SUBDIVISION, SHALL BE RETAINED FOR A PERIOD NOT TO EXCEED ONE YEAR.
PRIOR TO THE EXPIRATION OF SUCH TIME PERIOD, THE OWNER OF THE ITEM SHALL
HAVE THE RIGHT TO RECLAIM THE ITEM OR ARRANGE FOR THE SALE  OR  TRANSFER
OF  THE  ITEM.    NOTHING IN THIS SUBDIVISION AUTHORIZES THE RETURN OF A
FIREARM, RIFLE OR SHOTGUN TO A PERSON WHO IS NOT AUTHORIZED TO POSSESS A
FIREARM, RIFLE OR SHOTGUN.
  § 4. The section heading and paragraphs (a) and (b) of  subdivision  1
of  section  530.14 of the criminal procedure law, as amended by chapter
60 of the laws of 2018, are amended and a new paragraph (c) is added  to
read as follows:
  Suspension  and  revocation  of a license to carry, possess, repair or
dispose of a firearm or firearms pursuant to section 400.00 of the penal
law and ineligibility for such a license; order to  surrender  FIREARMS;
ORDER TO SEIZE firearms.
  (a) the court shall suspend any such existing license possessed by the
defendant,  order  the defendant ineligible for such a license and order
the immediate surrender of any or  all  firearms,  rifles  and  shotguns
owned  or  possessed where the court receives information that gives the
court good  cause  to  believe  that  (i)  the  defendant  has  a  prior
conviction  of any violent felony offense as defined in section 70.02 of
the penal law; (ii) the defendant has  previously  been  found  to  have
willfully  failed  to  obey a prior order of protection and such willful
failure involved (A) the infliction of physical injury,  as  defined  in
subdivision  nine  of  section  10.00  of  the penal law, (B) the use or
threatened use of a deadly weapon or dangerous instrument as those terms
are defined in subdivisions twelve and thirteen of section 10.00 of  the
penal  law,  or  (C) behavior constituting any violent felony offense as
defined in section 70.02 of the penal law; or (iii) the defendant has  a
prior  conviction for stalking in the first degree as defined in section
120.60 of the penal law, stalking in the second  degree  as  defined  in
section 120.55 of the penal law, stalking in the third degree as defined

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

in  section  120.50 of the penal law or stalking in the fourth degree as
defined in section 120.45 of such law; [and]
  (b)  the court shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
fully  against  the person or persons for whose protection the temporary
order of  protection  is  issued,  suspend  any  such  existing  license
possessed  by  the  defendant, order the defendant ineligible for such a
license and order the immediate surrender pursuant to  subparagraph  (f)
of  paragraph one of subdivision a of section 265.20 and subdivision six
of section 400.05 of the penal law, of any or all firearms,  rifles  and
shotguns owned or possessed[.]; AND
  (C)  THE  COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER
SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS  (A)  AND  (B)  OF
THIS  SUBDIVISION,  OR  FOR  OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM  THIS  ARTICLE  OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
  §  5. Paragraphs (a) and (b) of subdivision 2 of section 530.14 of the
criminal procedure law, as amended by chapter 60 of the  laws  of  2018,
are amended and a new paragraph (c) is added to read as follows:
  (a)  the court shall revoke any such existing license possessed by the
defendant, order the defendant ineligible for such a license  and  order
the  immediate  surrender  of  any  or all firearms, rifles and shotguns
owned or possessed where such action is required by  section  400.00  of
the penal law; [and]
  (b)  the court shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm, [rifles] RIFLE or [shot-
guns] SHOTGUN  unlawfully  against  the  person  or  persons  for  whose
protection the order of protection is issued, (i) revoke any such exist-
ing  license  possessed by the defendant, order the defendant ineligible
for such a license and order the  immediate  surrender  of  any  or  all
firearms,  rifles  and  shotguns  owned  or possessed or (ii) suspend or
continue to suspend any such existing license possessed by  the  defend-
ant,  order  the  defendant  ineligible for such a license and order the
immediate surrender pursuant to subparagraph (f)  of  paragraph  one  of
subdivision a of section 265.20 and subdivision six of section 400.05 of
the  penal  law,  of  any  or all firearms, rifles and shotguns owned or
possessed[.]; AND
  (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES  TO  SURRENDER
SUCH  FIREARM,  RIFLE  OR  SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE  SHOWN,  ORDER  THE  IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT  WITH  SUCH  RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
  § 6. Paragraphs (a) and (b) of subdivision 3 of section 530.14 of  the
criminal  procedure  law,  as amended by chapter 60 of the laws of 2018,
are amended and a new paragraph (c) is added to read as follows:
  (a) the court shall revoke any such existing license possessed by  the
defendant,  order  the defendant ineligible for such a license and order
the immediate surrender of any or  all  firearms,  rifles  and  shotguns
owned or possessed where the willful failure to obey such order involved
(i) the infliction of physical injury, as defined in subdivision nine of
section  10.00  of  the  penal  law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as  those  terms  are  defined  in
subdivisions  twelve  and  thirteen  of  section 10.00 of the penal law,
(iii) behavior constituting any violent felony  offense  as  defined  in

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

section  70.02  of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in  section  120.60  of  the  penal  law,
stalking  in the second degree as defined in section 120.55 of the penal
law,  stalking  in  the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section  120.45
of such law; [and]
  (b)  the court shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
fully  against  the  person or persons for whose protection the order of
protection was issued, (i) revoke any such existing license possessed by
the defendant, order the defendant ineligible for  such  a  license  and
order  the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision  six  of  section
400.05  of  the  penal  law, of any or all firearms, rifles and shotguns
owned or possessed or (ii) suspend any such existing  license  possessed
by  the defendant, order the defendant ineligible for such a license and
order the immediate surrender pursuant to subparagraph (f) of  paragraph
one  of  subdivision  a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
owned or possessed[.]; AND
  (C)  THE  COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER
SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS  (A)  AND  (B)  OF
THIS  SUBDIVISION,  OR  FOR  OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM  THIS  ARTICLE  OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
  §  7. Subdivisions 6 and 7 of section 530.14 of the criminal procedure
law, as amended by chapter 60 of the laws of 2018, are amended  to  read
as follows:
  6. Notice. (a) Where an order requiring surrender, revocation, suspen-
sion, SEIZURE or ineligibility has been issued pursuant to this section,
any  temporary  order  of protection or order of protection issued shall
state that such firearm license has been suspended or  revoked  or  that
the  defendant  is  ineligible for such license, as the case may be, and
that the defendant is prohibited from possessing any firearm,  rifle  or
shotgun.
  (b) The court revoking or suspending the license, ordering the defend-
ant  ineligible for such a license, or ordering the surrender OR SEIZURE
of any firearm, rifle or  shotgun  shall  immediately  notify  the  duly
constituted  police  authorities  of the locality concerning such action
and, in the case  of  orders  of  protection  and  temporary  orders  of
protection  issued  pursuant  to  section  530.12 of this article, shall
immediately notify the statewide registry of orders of protection.
  (c) The court revoking or  suspending  the  license  or  ordering  the
defendant ineligible for such a license shall give written notice there-
of  without  unnecessary  delay  to  the division of state police at its
office in the city of Albany.
  (d) Where an order  of  revocation,  suspension,  ineligibility  [or],
surrender OR SEIZURE is modified or vacated, the court shall immediately
notify  the  statewide  registry  of  orders  of protection and the duly
constituted police authorities of the locality  concerning  such  action
and  shall  give written notice thereof without unnecessary delay to the
division of state police at its office in the city of Albany.
  7. Hearing. The defendant shall have the right to a hearing before the
court regarding any revocation, suspension, ineligibility [or],  surren-
der  OR  SEIZURE  order  issued  pursuant to this section, provided that

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

nothing in this subdivision shall preclude the court  from  issuing  any
such  order prior to a hearing. Where the court has issued such an order
prior to a hearing, it shall commence such hearing within fourteen  days
of the date such order was issued.
  §  8.  The section heading and paragraphs (a) and (b) of subdivision 1
of section 842-a of the family court act, as amended by  chapter  60  of
the  laws  of 2018, are amended and a new paragraph (c) is added to read
as follows:
  Suspension and revocation of a license to carry,  possess,  repair  or
dispose of a firearm or firearms pursuant to section 400.00 of the penal
law  and  ineligibility for such a license; order to surrender firearms;
ORDER TO SEIZE FIREARMS.
  (a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision  six  of  section
400.05  of  the  penal  law, of any or all firearms, rifles and shotguns
owned or possessed where the court receives information that  gives  the
court  good  cause  to  believe  that:  (i)  the  respondent has a prior
conviction of any violent felony offense as defined in section 70.02  of
the  penal  law;  (ii)  the respondent has previously been found to have
willfully failed to obey a prior order of protection  and  such  willful
failure  involved  (A)  the infliction of physical injury, as defined in
subdivision nine of section 10.00 of the  penal  law,  (B)  the  use  or
threatened use of a deadly weapon or dangerous instrument as those terms
are  defined in subdivisions twelve and thirteen of section 10.00 of the
penal law, or (C) behavior constituting any violent  felony  offense  as
defined in section 70.02 of the penal law; or (iii) the respondent has a
prior  conviction for stalking in the first degree as defined in section
120.60 of the penal law, stalking in the second  degree  as  defined  in
section 120.55 of the penal law, stalking in the third degree as defined
in  section  120.50 of the penal law or stalking in the fourth degree as
defined in section 120.45 of such law; [and]
  (b) the court shall where the court finds a substantial risk that  the
respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
fully  against  the person or persons for whose protection the temporary
order of  protection  is  issued,  suspend  any  such  existing  license
possessed  by the respondent, order the respondent ineligible for such a
license, and order the immediate surrender pursuant to subparagraph  (f)
of  paragraph one of subdivision a of section 265.20 and subdivision six
of section 400.05 of the penal law, of any or all firearms,  rifles  and
shotguns owned or possessed[.]; AND
  (C)  THE  COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER
SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS  (A)  AND  (B)  OF
THIS  SUBDIVISION,  OR  FOR  OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM  THIS  ARTICLE  OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
  §  9.  Paragraphs (a) and (b) of subdivision 2 of section 842-a of the
family court act, as amended by chapter 60 of  the  laws  of  2018,  are
amended and a new paragraph (c) is added to read as follows:
  (a)  the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision  six  of  section
400.05  of  the  penal  law, of any or all firearms, rifles and shotguns

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

owned or possessed where the court finds that the conduct which resulted
in the issuance of the order of protection involved (i)  the  infliction
of  physical  injury, as defined in subdivision nine of section 10.00 of
the  penal  law,  (ii)  the  use or threatened use of a deadly weapon or
dangerous instrument as those terms are defined in  subdivisions  twelve
and  thirteen  of  section  10.00  of  the  penal law, or (iii) behavior
constituting any violent felony offense as defined in section  70.02  of
the penal law; [and]
  (b) the court shall, where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
fully  against  the  person or persons for whose protection the order of
protection is issued, (i) revoke any such existing license possessed  by
the  respondent,  order the respondent ineligible for such a license and
order the immediate surrender pursuant to subparagraph (f) of  paragraph
one  of  subdivision  a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns
owned  or  possessed  or  (ii)  suspend  or continue to suspend any such
existing license possessed by the respondent, order the respondent inel-
igible for such a license, and order the immediate surrender pursuant to
subparagraph (f) of paragraph one of subdivision a of section 265.20 and
subdivision six of section 400.05 of  the  penal  law,  of  any  or  all
firearms, rifles and shotguns owned or possessed[.]; AND
  (C)  THE  COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES TO SURRENDER
SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO PARAGRAPHS  (A)  AND  (B)  OF
THIS  SUBDIVISION,  OR  FOR  OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT WITH SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM  THIS  ARTICLE  OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
  §  10. Paragraphs (a) and (b) of subdivision 3 of section 842-a of the
family court act, as amended by chapter 60 of  the  laws  of  2018,  are
amended and a new paragraph (c) is added to read as follows:
  (a)  the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision  six  of  section
400.05  of  the  penal  law, of any or all firearms, rifles and shotguns
owned or possessed where the willful failure to obey such order involves
(i) the infliction of physical injury, as defined in subdivision nine of
section 10.00 of the penal law, (ii) the use  or  threatened  use  of  a
deadly  weapon  or  dangerous  instrument  as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
(iii)  behavior  constituting  any  violent felony offense as defined in
section 70.02 of the penal law; or (iv) behavior  constituting  stalking
in  the  first  degree  as  defined  in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the  penal
law,  stalking  in  the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section  120.45
of such law; [and]
  (b)  the court shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
fully against the person or persons for whose protection  the  order  of
protection was issued, (i) revoke any such existing license possessed by
the  respondent,  order  the  respondent  ineligible for such a license,
whether or not the respondent possesses such a license,  and  order  the
immediate  surrender  pursuant  to  subparagraph (f) of paragraph one of
subdivision a of section 265.20 and subdivision six of section 400.05 of

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

the penal law, of any or all firearms,  rifles  and  shotguns  owned  or
possessed  or  (ii)  suspend  any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the  immediate surrender of any or all firearms, rifles and shot-
guns owned or possessed[.]; AND
  (C) THE COURT MAY WHERE THE DEFENDANT WILLFULLY REFUSES  TO  SURRENDER
SUCH  FIREARM,  RIFLE  OR  SHOTGUN PURSUANT TO PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, OR FOR OTHER GOOD CAUSE  SHOWN,  ORDER  THE  IMMEDIATE
SEIZURE OF SUCH FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, CONSIST-
ENT  WITH  SUCH  RIGHTS AS THE DEFENDANT MAY DERIVE FROM THIS ARTICLE OR
THE CONSTITUTION OF THIS STATE OR THE UNITED STATES.
  § 11. Subdivisions 6 and 7 of section 842-a of the family  court  act,
as  amended  by  chapter  60 of the laws of 2018, are amended to read as
follows:
  6. Notice. (a) Where an order requiring surrender, revocation, suspen-
sion, SEIZURE or ineligibility has been issued pursuant to this section,
any temporary order of protection or order of  protection  issued  shall
state  that  such  firearm license has been suspended or revoked or that
the respondent is ineligible for such license, as the case may  be,  and
that the defendant is prohibited from possessing any firearms, rifles or
shotguns.
  (b)  The  court  revoking  or  suspending  the  license,  ordering the
respondent ineligible for such license, or  ordering  the  surrender  OR
SEIZURE  of any firearm, rifles or shotguns shall immediately notify the
statewide registry of orders of  protection  and  the  duly  constituted
police authorities of the locality of such action.
  (c)  The  court  revoking  or  suspending  the license or ordering the
defendant ineligible for such license shall give written notice  thereof
without  unnecessary delay to the division of state police at its office
in the city of Albany.
  (d) Where an order  of  revocation,  suspension,  ineligibility,  [or]
surrender, OR SEIZURE is modified or vacated, the court shall immediate-
ly  notify  the  statewide registry of orders of protection and the duly
constituted police authorities of the locality  concerning  such  action
and  shall  give written notice thereof without unnecessary delay to the
division of state police at its office in the city of Albany.
  7. Hearing. The respondent shall have the right to  a  hearing  before
the  court  regarding  any  revocation,  suspension, ineligibility [or],
surrender OR SEIZURE order issued pursuant  to  this  section,  provided
that  nothing  in this subdivision shall preclude the court from issuing
any such order prior to a hearing. Where the court has  issued  such  an
order prior to a hearing, it shall commence such hearing within fourteen
days of the date such order was issued.
  §  12.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law.

                                 PART N

  Section 1. Subdivision 17 of section 265.00 of the penal law, as added
by chapter 1041 of the laws of 1974, paragraph (a) as amended by chapter
264 of the laws of 2003, paragraph (b) as separately amended by sections
2 and 3 of chapter 232 of the laws of 2010, and paragraph (c)  as  added
by chapter 60 of the laws of 2018, is amended to read as follows:
  17. "Serious offense" means (a) [any of the following offenses defined
in  the  former  penal  law  as in force and effect immediately prior to
September first, nineteen hundred sixty-seven: illegally using, carrying

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

or possessing a pistol or other dangerous weapon; making  or  possessing
burglar's  instruments;  buying  or  receiving stolen property; unlawful
entry of a building; aiding escape from prison; that kind of  disorderly
conduct  defined  in subdivisions six and eight of section seven hundred
twenty-two of such former penal law; violations of sections four hundred
eighty-three, four hundred eighty-three-b,  four  hundred  eighty-four-h
and article one hundred six of such former penal law; that kind of crim-
inal sexual act or rape which was designated as a misdemeanor; violation
of  section seventeen hundred forty-seven-d and seventeen hundred forty-
seven-e of such former penal law; any  violation  of  any  provision  of
article thirty-three of the public health law relating to narcotic drugs
which  was  defined as a misdemeanor by section seventeen hundred fifty-
one-a of such former penal law, and any violation of  any  provision  of
article  thirty-three-A  of the public health law relating to depressant
and stimulant drugs which was defined as a misdemeanor by section seven-
teen hundred forty-seven-b of such former penal law.
  (b)] any of the following offenses defined in the  CURRENT  penal  law
AND  ANY  OFFENSE  IN  ANY  JURISDICTION  OR  THE  FORMER PENAL LAW THAT
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOLLOWING OFFENSES:
illegally using, carrying or possessing  a  pistol  or  other  dangerous
weapon;  possession  of  burglar's  tools; criminal possession of stolen
property in the third degree; escape  in  the  third  degree;  jostling;
fraudulent  accosting; endangering the welfare of a child; [the offenses
defined in article two hundred  thirty-five;]  OBSCENITY  IN  THE  THIRD
DEGREE;  issuing abortional articles; permitting prostitution; promoting
prostitution in the third degree; stalking in the fourth degree;  stalk-
ing  in  the  third degree; [the offenses defined in article one hundred
thirty; the offenses defined  in  article  two  hundred  twenty]  SEXUAL
MISCONDUCT;  FORCIBLE TOUCHING; SEXUAL ABUSE IN THE THIRD DEGREE; SEXUAL
ABUSE  IN  THE  SECOND  DEGREE;  CRIMINAL  POSSESSION  OF  A  CONTROLLED
SUBSTANCE  IN  THE  SEVENTH  DEGREE;  CRIMINALLY POSSESSING A HYPODERMIC
INSTRUMENT; CRIMINALLY USING DRUG PARAPHERNALIA IN  THE  SECOND  DEGREE;
CRIMINAL  POSSESSION  OF  METHAMPHETAMINE  MANUFACTURING MATERIAL IN THE
SECOND DEGREE; AND A HATE CRIME DEFINED IN ARTICLE FOUR HUNDRED  EIGHTY-
FIVE OF THIS CHAPTER.
  [(b) any of the following offenses defined in the penal law: illegally
using,  carrying  or  possessing  a  pistol  or  other dangerous weapon;
possession of burglar's tools; criminal possession of stolen property in
the third degree; escape  in  the  third  degree;  jostling;  fraudulent
accosting;  endangering  the welfare of a child; the offenses defined in
article two hundred thirty-five; issuing abortional articles; permitting
prostitution; promoting prostitution in the third  degree;  stalking  in
the third degree; stalking in the fourth degree; the offenses defined in
article  one hundred thirty; the offenses defined in article two hundred
twenty.
  (c)] (B) any of the following offenses DEFINED IN  THE  CURRENT  PENAL
LAW  AND ANY OFFENSE IN ANY JURISDICTION OR IN THE FORMER PENAL LAW THAT
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY OF THE FOLLOWING OFFENSES,
where the defendant and the person against whom the offense was  commit-
ted  were members of the same family or household as defined in subdivi-
sion one of section 530.11 of the criminal procedure law [and as  estab-
lished  pursuant  to  section  370.15  of  the  criminal procedure law]:
assault in the third degree; menacing in the third degree;  menacing  in
the  second  degree;  criminal  obstruction of breathing or blood circu-
lation; unlawful imprisonment in the  second  degree;  coercion  in  the
third  degree; criminal tampering in the third degree; criminal contempt

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

in the second degree; harassment in the first degree; aggravated harass-
ment in the second degree; criminal trespass in the third degree; crimi-
nal trespass in the second degree; arson in the fifth degree; or attempt
to commit any of the above-listed offenses.
  (C) ANY MISDEMEANOR OFFENSE IN ANY JURISDICTION OR IN THE FORMER PENAL
LAW  THAT  INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF A FELONY OFFENSE AS
DEFINED IN THE CURRENT PENAL LAW.
  § 2. Section 400.00 of the penal law is amended by adding a new subdi-
vision 1-a to read as follows:
  1-A. FOR PURPOSES OF SUBDIVISION ONE OF THIS SECTION, SERIOUS  OFFENSE
SHALL  INCLUDE  AN  OFFENSE  IN ANY JURISDICTION OR THE FORMER PENAL LAW
THAT INCLUDES ALL OF THE ESSENTIAL ELEMENTS  OF  A  SERIOUS  OFFENSE  AS
DEFINED  BY  SUBDIVISION  SEVENTEEN  OF  SECTION 265.00 OF THIS CHAPTER.
NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE DENIAL OF A LICENSE BASED
ON THE COMMISSION OF, ARREST FOR OR CONVICTION  OF  AN  OFFENSE  IN  ANY
OTHER  JURISDICTION WHICH DOES NOT INCLUDE ALL OF THE ESSENTIAL ELEMENTS
OF A SERIOUS OFFENSE.
  § 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

                                 PART O

  Section 1. Subdivisions 4 and 5 of section 230 of the  executive  law,
as  added  by chapter 189 of the laws of 2000, are amended and three new
subdivisions 6, 7, and 8 are added to read as follows:
  4. The superintendent of the division of state police shall  establish
and  maintain  within  the  division  a  criminal gun clearinghouse as a
central repository of information regarding all guns seized,  forfeited,
found  or otherwise coming into the possession of any state or local law
enforcement agency which are believed to have been used in  the  commis-
sion  of  a  crime.  The  superintendent of the division of state police
shall adopt and promulgate regulations prescribing reporting  procedures
for such state or local law enforcement agencies, including the form for
reporting  such  information. In addition to any other information which
the superintendent of the division of state police may require, the form
shall require (a) the serial number or other identifying information  on
the  gun,  if available and (b) a brief description of the circumstances
under which the gun came into the  possession  of  the  law  enforcement
agency,  including  the  crime which was or may have been committed with
the gun. WHENEVER A STATE OR LOCAL  LAW  ENFORCEMENT  AGENCY  SEIZES  OR
RECOVERS  A  GUN  THAT  WAS UNLAWFULLY POSSESSED, RECOVERED FROM A CRIME
SCENE, OR IS REASONABLY BELIEVED TO HAVE BEEN USED IN OR ASSOCIATED WITH
THE COMMISSION OF A CRIME, OR IS OTHERWISE RECOVERED AS AN ABANDONED  OR
DISCARDED  GUN,  THE AGENCY SHALL REPORT SUCH SEIZED OR RECOVERED GUN TO
THE CRIMINAL GUN CLEARINGHOUSE AS SOON AS PRACTICABLE, BUT  IN  NO  CASE
MORE  THAN  TWENTY-FOUR  HOURS  AFTER THE AGENCY HAS TAKEN POSSESSION OF
SUCH GUN. EVERY REPORT MADE  TO  THE  CRIMINAL  GUN  CLEARINGHOUSE  WILL
RESULT  IN  THE  PROMPT  SUBMISSION OF A REQUEST TO THE NATIONAL TRACING
CENTER OF THE BUREAU OF ALCOHOL, TOBACCO,  FIREARMS  AND  EXPLOSIVES  TO
TRACE    THE MOVEMENT OF THE SUBJECT GUN AND SUCH FEDERAL AGENCY WILL BE
REQUESTED TO PROVIDE THE RESULTS OF SUCH A TRACE TO  THE  SUPERINTENDENT
OF  THE  DIVISION OF STATE POLICE AND TO THE LAW ENFORCEMENT AGENCY THAT
SUBMITTED THE CLEARINGHOUSE REPORT.
  5. [In any case where a state or local law enforcement agency investi-
gates the commission of a crime in this state  and  a  specific  gun  is
known  to  have  been  used  in  such  crime, such agency shall submit a

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

request to the national tracing center of the United  States  Department
of  Treasury, bureau of alcohol, tobacco and firearms to trace the move-
ment of such gun and such federal agency shall be requested  to  provide
the  superintendent  of  the  division of state police and the local law
enforcement agency with the results of such a  trace.  This  subdivision
shall  not  apply  where the source of a gun is already known to a local
law enforcement agency.] ALL STATE AND LOCAL  LAW  ENFORCEMENT  AGENCIES
SHALL  PARTICIPATE  IN  THE  BUREAU  OF  ALCOHOL,  TOBACCO, FIREARMS AND
EXPLOSIVES COLLECTIVE DATA SHARING PROGRAM FOR THE  PURPOSE  OF  SHARING
GUN  TRACE  REPORTS AMONG ALL LAW ENFORCEMENT AGENCIES IN THE STATE ON A
RECIPROCAL BASIS.
  6. (A) WHENEVER A STATE OR LOCAL  LAW  ENFORCEMENT  AGENCY  SEIZES  OR
RECOVERS  A  GUN THAT WAS UNLAWFULLY POSSESSED, RECOVERED FROM THE SCENE
OF A CRIME, OR IS REASONABLY BELIEVED TO HAVE BEEN  USED  OR  ASSOCIATED
WITH  THE  COMMISSION  OF  A  CRIME, OR IS RECOVERED BY THE AGENCY AS AN
ABANDONED OR DISCARDED GUN, THE AGENCY SHALL ARRANGE FOR EVERY SUCH  GUN
THAT  IS DETERMINED TO BE SUITABLE FOR TEST-FIRING AND OF A TYPE THAT IS
ELIGIBLE FOR NATIONAL  INTEGRATED  BALLISTIC  INFORMATION  NETWORK  DATA
ENTRY  AND  CORRELATION TO BE TEST-FIRED AS SOON AS PRACTICABLE, AND THE
RESULTS OF THAT TEST-FIRING SHALL BE SUBMITTED FORTHWITH TO THE NATIONAL
INTEGRATED BALLISTIC INFORMATION NETWORK TO DETERMINE WHETHER THE GUN IS
ASSOCIATED OR RELATED TO A CRIME,  CRIMINAL  EVENT,  OR  ANY  INDIVIDUAL
ASSOCIATED  OR  RELATED  TO  A  CRIME  OR  CRIMINAL  EVENT OR REASONABLY
BELIEVED TO BE ASSOCIATED OR RELATED TO A CRIME OR CRIMINAL EVENT.
  (B) WHENEVER A STATE OR LOCAL  LAW  ENFORCEMENT  AGENCY  RECOVERS  ANY
AMMUNITION  CARTRIDGE  CASE  THAT  IS  OF  A  TYPE  THAT IS ELIGIBLE FOR
NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND  CORRE-
LATION  AT  A  CRIME SCENE, OR HAS REASON TO BELIEVE THAT SUCH RECOVERED
AMMUNITION CARTRIDGE CASE IS RELATED TO OR ASSOCIATED WITH  THE  COMMIS-
SION OF A CRIME OR THE UNLAWFUL DISCHARGE OF A GUN, THE AGENCY SHALL, AS
SOON  AS  PRACTICABLE,  ARRANGE  FOR  THE  BALLISTICS  INFORMATION TO BE
SUBMITTED TO THE NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK.
  7. WHENEVER A STATE OR LOCAL LAW ENFORCEMENT AGENCY SEIZES OR RECOVERS
ANY GUN, THE AGENCY SHALL PROMPTLY ENTER THE MAKE, MODEL,  CALIBER,  AND
SERIAL  NUMBER  OF  THE  GUN  INTO THE NATIONAL CRIME INFORMATION CENTER
(NCIC) SYSTEM TO DETERMINE WHETHER THE GUN WAS REPORTED STOLEN.
  8. THE SUPERINTENDENT MAY ADOPT RULES AND  REGULATIONS  TO  EFFECTUATE
THE PROVISIONS OF THIS SECTION.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART P

  Section  1.  Paragraph  13  of subdivision (c) of section 33.13 of the
mental hygiene law, as amended by chapter  491  of  the  laws  of  2008,
subparagraph  (ii)  as  amended  by  chapter  37 of the laws of 2011, is
amended to read as follows:
  13. to the state division of criminal justice services  for  the  sole
purposes of:
  (i)  providing,  facilitating,  evaluating  or  auditing access by the
commissioner of mental health to criminal history  information  pursuant
to subdivision (i) of section 7.09 of this chapter; or
  (ii)   providing  information  to  the  criminal  justice  information
services division of the federal bureau of investigation by the  commis-
sioner  of  mental health or the commissioner of developmental disabili-
ties, for the purposes of responding to queries to the national  instant

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

criminal  background  check  system  regarding  attempts  to purchase or
otherwise take possession of firearms,  in  accordance  with  applicable
federal laws or regulations[.]; OR
  (III)  PROVIDING INFORMATION TO PUBLIC ENTITIES RESPONSIBLE FOR DETER-
MINING ELIGIBILITY FOR PURCHASE OR POSSESSION IN STATES OTHER  THAN  NEW
YORK  FOR  THE  SOLE  PURPOSE  OF  DETERMINING  ELIGIBILITY TO PURCHASE,
POSSESS, OR CARRY A FIREARM, PROVIDED THAT THE  LAW  ENFORCEMENT  ENTITY
OBTAINS AND PROVIDES PATIENT CONSENT TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES, WHERE LEGALLY NECESSARY.
  §  2.  Paragraph  15 of subdivision (c) of section 33.13 of the mental
hygiene law, as added by chapter 1 of the laws of 2013,  is  amended  to
read as follows:
  15.  to  the  division  of  criminal justice services, names and other
non-clinical identifying information for the sole [purpose] PURPOSES of:
  (I) implementing the  division's  responsibilities  and  duties  under
sections 400.00 and 400.02 of the penal law[.]; OR
  (II)  PROVIDING  INFORMATION TO PUBLIC ENTITIES RESPONSIBLE FOR DETER-
MINING ELIGIBILITY FOR PURCHASE OR POSSESSION IN STATES OTHER  THAN  NEW
YORK  FOR  THE  SOLE  PURPOSE  OF  DETERMINING  ELIGIBILITY TO PURCHASE,
POSSESS, OR CARRY A FIREARM, PROVIDED THAT THE  LAW  ENFORCEMENT  ENTITY
OBTAINS AND PROVIDES PATIENT CONSENT TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES, WHERE LEGALLY NECESSARY.
  § 3. This act shall take effect immediately.

                                 PART Q

  Section 1.  The penal law is amended by adding a new section 120.65 to
read as follows:
§ 120.65 DOMESTIC VIOLENCE.
  A PERSON IS GUILTY OF DOMESTIC VIOLENCE WHEN HE OR SHE:
  1.  COMMITS  A SERIOUS OFFENSE AS DEFINED IN PARAGRAPH (C) OF SUBDIVI-
SION SEVENTEEN OF SECTION 265.00 OF THIS CHAPTER AND THE PERSON  AGAINST
WHOM  THE  OFFENSE IS COMMITTED IS A MEMBER OF THE SAME FAMILY OR HOUSE-
HOLD AS DEFINED IN SUBDIVISION ONE OF SECTION  530.11  OF  THE  CRIMINAL
PROCEDURE LAW; OR
  2.  COMMITS  THE  CRIME  OF  ASSAULT IN THE THIRD DEGREE AS DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 120.00 OF THIS ARTICLE, OR  CRIMINAL
OBSTRUCTION  OF  BREATHING  OR  BLOOD  CIRCULATION AS DEFINED IN SECTION
121.11 OF THIS TITLE, FORCIBLE TOUCHING AS DEFINED IN SECTION 130.52  OF
THIS  TITLE,  OR SEXUAL ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTION
130.60 OF THIS TITLE, OR SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED  IN
SECTION  130.55  OF  THIS  TITLE, OR UNLAWFUL IMPRISONMENT IN THE SECOND
DEGREE AS DEFINED IN SECTION 135.05 OF THIS TITLE AND THE PERSON AGAINST
WHOM THE OFFENSE IS COMMITTED IS A CURRENT OR FORMER SPOUSE, PARENT,  OR
GUARDIAN  OF  THE  PERSON COMMITTING THE OFFENSE, A PERSON WITH WHOM THE
PERSON COMMITTING THE OFFENSE SHARES A CHILD IN COMMON, A PERSON WHO  IS
COHABITING  WITH OR HAS COHABITED WITH THE PERSON COMMITTING THE OFFENSE
AS A SPOUSE, PARENT, OR GUARDIAN, OR A PERSON SIMILARLY  SITUATED  TO  A
SPOUSE, PARENT, OR GUARDIAN OF THE PERSON COMMITTING THE OFFENSE.
  DOMESTIC VIOLENCE IS A CLASS A MISDEMEANOR.
  §  2.  Paragraph  (c) of subdivision 17 of section 265.00 of the penal
law, as added by chapter 60 of the laws of 2018, is amended to  read  as
follows:
  (c)  any of the following offenses, where the defendant and the person
against whom the offense was committed were members of the  same  family
or  household  as  defined  in  subdivision one of section 530.11 of the

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

criminal procedure law [and as established pursuant to section 370.15 of
the criminal procedure law]: assault in the third  degree;  menacing  in
the third degree; menacing in the second degree; criminal obstruction of
breathing  or  blood  circulation;  unlawful  imprisonment in the second
degree; coercion in the third degree; criminal tampering  in  the  third
degree;  criminal contempt in the second degree; harassment in the first
degree; aggravated harassment in the second degree; criminal trespass in
the third degree; criminal trespass in the second degree; arson  in  the
fifth degree; or attempt to commit any of the above-listed offenses.
  § 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                 PART R

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York Hate Crime Anti-Terrorism Act".
  § 2. The opening paragraph of section 485.00  of  the  penal  law,  as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
  The legislature finds and determines as follows: criminal acts involv-
ing  violence,  intimidation and destruction of property based upon bias
and prejudice have become more prevalent in New  York  state  in  recent
years.    The  intolerable  truth  is that in these crimes, commonly and
justly referred to as "hate crimes", victims are intentionally selected,
in whole or in part, because of  their  race,  color,  national  origin,
ancestry,  gender,  gender  identity  or expression, religion, religious
practice, age, disability or sexual orientation.  Hate  crimes  do  more
than  threaten  the  safety and welfare of all citizens. They inflict on
victims incalculable physical and emotional damage and tear at the  very
fabric  of  free  society.  Crimes  motivated by invidious hatred toward
particular groups not only harm individual victims but send  a  powerful
message of intolerance and discrimination to all members of the group to
which  the victim belongs. Hate crimes can and do intimidate and disrupt
entire communities and vitiate the civility that is essential to healthy
democratic processes.  In  a  democratic  society,  citizens  cannot  be
required  to  approve  of  the beliefs and practices of others, but must
never commit criminal acts on account of them.   [Current law]  HOWEVER,
THESE CRIMINAL ACTS DO OCCUR AND ARE OCCURRING MORE AND MORE FREQUENTLY.
QUITE  OFTEN,  THESE  CRIMES OF HATE ARE ALSO ACTS OF TERROR. THE RECENT
ATTACKS IN MONSEY, NEW YORK AS WELL AS THE SHOOTINGS IN EL PASO,  TEXAS;
PITTSBURGH,  PENNSYLVANIA;  SUTHERLAND SPRINGS, TEXAS; ORLANDO, FLORIDA;
AND CHARLESTON, SOUTH CAROLINA ILLUSTRATE THAT MASS KILLINGS  ARE  OFTEN
APOLITICAL,  MOTIVATED  BY THE HATRED OF A SPECIFIC GROUP COUPLED WITH A
DESIRE TO INFLICT MASS CASUALTIES. THE CURRENT LAW EMPHASIZES THE  POLI-
TICAL  MOTIVATION  OF  AN  ACT OVER ITS CATASTROPHIC EFFECT AND does not
adequately recognize the harm to public order and individual safety that
hate crimes cause. Therefore, our laws must be strengthened  to  provide
clear  recognition  of  the  gravity  of  hate crimes and the compelling
importance of preventing their recurrence.
  § 3. Subdivision 3 of section 485.05 of the penal law, as  amended  by
section  9  of  part NN of chapter 55 of the laws of 2018, is amended to
read as follows:
  3. A "specified offense" is an offense defined by any of the following
provisions of  this  chapter:  section  120.00  (assault  in  the  third
degree);  section  120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old);  section  120.13  (menacing  in  the

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

first  degree);  section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20  (reckless  endan-
germent  in the second degree); section 120.25 (reckless endangerment in
the  first degree); section 121.12 (strangulation in the second degree);
section 121.13 (strangulation in the first degree); subdivision  one  of
section 125.15 (manslaughter in the second degree); subdivision one, two
or  four  of  section 125.20 (manslaughter in the first degree); section
125.25 (murder in the second degree); section 120.45  (stalking  in  the
fourth  degree);  section 120.50 (stalking in the third degree); section
120.55 (stalking in the second degree); section 120.60 (stalking in  the
first  degree);  subdivision  one  of  section 130.35 (rape in the first
degree); subdivision one of section 130.50 (criminal sexual act  in  the
first  degree);  subdivision  one of section 130.65 (sexual abuse in the
first degree); paragraph  (a)  of  subdivision  one  of  section  130.67
(aggravated  sexual abuse in the second degree); paragraph (a) of subdi-
vision one of section 130.70  (aggravated  sexual  abuse  in  the  first
degree);  section  135.05  (unlawful imprisonment in the second degree);
section 135.10 (unlawful imprisonment  in  the  first  degree);  section
135.20  (kidnapping in the second degree); section 135.25 (kidnapping in
the first degree);  section  135.60  (coercion  in  the  third  degree);
section 135.61 (coercion in the second degree); section 135.65 (coercion
in  the  first  degree);  section 140.10 (criminal trespass in the third
degree); section  140.15  (criminal  trespass  in  the  second  degree);
section  140.17  (criminal trespass in the first degree); section 140.20
(burglary in the third degree); section 140.25 (burglary in  the  second
degree);  section  140.30 (burglary in the first degree); section 145.00
(criminal mischief in  the  fourth  degree);  section  145.05  (criminal
mischief  in the third degree); section 145.10 (criminal mischief in the
second degree); section 145.12 (criminal mischief in the first  degree);
section  150.05  (arson  in the fourth degree); section 150.10 (arson in
the third degree); section 150.15 (arson in the second degree);  section
150.20  (arson  in  the  first  degree); section 155.25 (petit larceny);
section 155.30 (grand larceny in  the  fourth  degree);  section  155.35
(grand  larceny  in  the third degree); section 155.40 (grand larceny in
the second degree); section 155.42 (grand larceny in the first  degree);
section 160.05 (robbery in the third degree); section 160.10 (robbery in
the  second  degree);  section  160.15  (robbery  in  the first degree);
section 240.25 (harassment in the first degree); subdivision one, two or
four of section 240.30 (aggravated harassment  in  the  second  degree);
SECTION  490.10 (SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF TERRORISM
IN THE SECOND DEGREE); SECTION 490.15 (SOLICITING OR  PROVIDING  SUPPORT
FOR  AN  ACT OF TERRORISM IN THE FIRST DEGREE); SECTION 490.20 (MAKING A
TERRORISTIC THREAT); SECTION 490.25 (CRIME OF TERRORISM); SECTION 490.30
(HINDERING PROSECUTION OF  TERRORISM  IN  THE  SECOND  DEGREE);  SECTION
490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); SECTION
490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN
THE  THIRD  DEGREE);  SECTION  490.40 (CRIMINAL POSSESSION OF A CHEMICAL
WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.45 (CRIM-
INAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN  THE  FIRST
DEGREE); SECTION 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL
WEAPON  IN THE THIRD DEGREE); SECTION 490.50 (CRIMINAL USE OF A CHEMICAL
WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); SECTION 490.55 (CRIM-
INAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE);
or any attempt or conspiracy to commit any of the foregoing offenses.
  § 4. The penal law is amended by adding two new  sections  490.27  and
490.28 to read as follows:

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

§ 490.27 DOMESTIC  ACT  OF  TERRORISM  MOTIVATED  BY  HATE IN THE SECOND
           DEGREE.
  A PERSON IS GUILTY OF THE CRIME OF DOMESTIC ACT OF TERRORISM MOTIVATED
BY  HATE  IN THE SECOND DEGREE WHEN, ACTING WITH THE INTENT TO CAUSE THE
DEATH OF, OR SERIOUS PHYSICAL INJURY TO, FIVE OR MORE OTHER PERSONS,  IN
WHOLE  OR  IN  SUBSTANTIAL  PART  BECAUSE  OF THE PERCEIVED RACE, COLOR,
NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION,  RELI-
GION, RELIGIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION OF SUCH
OTHER  PERSONS,  REGARDLESS  OF  WHETHER  THAT  BELIEF  OR PERCEPTION IS
CORRECT, HE OR SHE, AS PART OF THE SAME CRIMINAL  TRANSACTION,  ATTEMPTS
TO  CAUSE THE DEATH OF, OR SERIOUS PHYSICAL INJURY TO, SUCH FIVE OR MORE
PERSONS, PROVIDED THAT THE VICTIMS ARE NOT PARTICIPANTS IN THE  CRIMINAL
TRANSACTION.
  DOMESTIC  ACT OF TERRORISM MOTIVATED BY HATE IN THE SECOND DEGREE IS A
CLASS A-I FELONY.
§ 490.28 DOMESTIC ACT OF  TERRORISM  MOTIVATED  BY  HATE  IN  THE  FIRST
           DEGREE.
  A PERSON IS GUILTY OF THE CRIME OF DOMESTIC ACT OF TERRORISM MOTIVATED
BY  HATE  IN  THE FIRST DEGREE WHEN, ACTING WITH THE INTENT TO CAUSE THE
DEATH OF, OR SERIOUS PHYSICAL INJURY TO, FIVE OR MORE OTHER PERSONS,  IN
WHOLE  OR  IN  SUBSTANTIAL  PART  BECAUSE  OF THE PERCEIVED RACE, COLOR,
NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION,  RELI-
GION, RELIGIOUS PRACTICE, AGE, DISABILITY, OR SEXUAL ORIENTATION OF SUCH
OTHER PERSON OR PERSONS, REGARDLESS OF WHETHER THAT BELIEF OR PERCEPTION
IS CORRECT, HE OR SHE, AS PART OF THE SAME CRIMINAL TRANSACTION:
  1.  CAUSES  THE  DEATH OF AT LEAST ONE OTHER PERSON, PROVIDED THAT THE
VICTIM OR VICTIMS ARE NOT A PARTICIPANT IN THE CRIMINAL TRANSACTION; AND
  2. CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF FOUR  OR  MORE  ADDITIONAL
OTHER  PERSONS,  PROVIDED  THAT THE VICTIMS ARE NOT A PARTICIPANT IN THE
CRIMINAL TRANSACTION; AND
  3. THE DEFENDANT WAS MORE THAN EIGHTEEN YEARS OLD AT THE TIME  OF  THE
COMMISSION OF THE CRIME.
  DOMESTIC  ACT  OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE IS A
CLASS A-I FELONY.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS CONVICTED
OF DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE FIRST DEGREE,  THE
SENTENCE SHALL BE LIFE IMPRISONMENT WITHOUT PAROLE.
  §  5. Paragraph (q) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by section 3 of part A of  chapter  1  of  the
laws of 2004, is amended to read as follows:
  (q)  Soliciting  or  providing  support for an act of terrorism in the
second degree as defined in section 490.10 of the penal law,  soliciting
or  providing  support  for  an  act of terrorism in the first degree as
defined in section 490.15 of the penal law, making a terroristic  threat
as  defined  in  section  490.20 of the penal law, crime of terrorism as
defined in section 490.25 of the penal law, DOMESTIC  ACT  OF  TERRORISM
MOTIVATED  BY  HATE IN THE SECOND DEGREE AS DEFINED IN SECTION 490.27 OF
THE PENAL LAW, DOMESTIC ACT OF TERRORISM MOTIVATED BY HATE IN THE  FIRST
DEGREE  AS  DEFINED IN SECTION 490.28 OF THE PENAL LAW, hindering prose-
cution of terrorism in the second degree as defined in section 490.30 of
the penal law, hindering prosecution of terrorism in the first degree as
defined in section 490.35 of the penal law,  criminal  possession  of  a
chemical  weapon  or biological weapon in the third degree as defined in
section 490.37 of the penal law, criminal possession of a chemical weap-
on or biological weapon in the  second  degree  as  defined  in  section
490.40  of  the  penal  law, criminal possession of a chemical weapon or

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

biological weapon in the first degree as defined in  section  490.45  of
the penal law, criminal use of a chemical weapon or biological weapon in
the third degree as defined in section 490.47 of the penal law, criminal
use  of  a  chemical weapon or biological weapon in the second degree as
defined in section 490.50 of the penal law, and criminal use of a chemi-
cal weapon or biological weapon  in  the  first  degree  as  defined  in
section 490.55 of the penal law.
  §  6.  Domestic  terrorism task force. (a) There is hereby created the
domestic terrorism task force to examine, evaluate and determine how  to
prevent  mass  shootings  by  domestic  terrorists,  consisting  of nine
members, each to serve until two years after the effective date of  this
act.
  (b)  (1)  Such members shall be appointed as follows: one member shall
be the commissioner of the division of criminal  justice  services;  one
member  shall be the superintendent of state police; three members shall
be appointed by the governor; one  member  shall  be  appointed  by  the
temporary  president of the senate; one member shall be appointed by the
minority leader of the senate; one member  shall  be  appointed  by  the
speaker of the assembly; and one member shall be appointed by the minor-
ity leader of the assembly. Appointments shall be made within sixty days
of  the effective date of this act. Vacancies in the task force shall be
filled in the same manner provided for original appointments.
  (2) All appointees shall  have  expertise  in  fields  or  disciplines
related to criminal justice or violence prevention.
  (3)  The  task force shall be chaired by the commissioner of the divi-
sion of criminal justice services. The task force shall  elect  a  vice-
chair  by  majority  vote  and  other  necessary officers from among all
appointed members.
  (4) The task force shall meet at least quarterly at the  call  of  the
chair.  Meetings may be held via teleconference. Special meetings may be
called by the chair at the request of a majority of the members  of  the
task force.
  (5)  Members of the task force shall receive no compensation for their
services but shall be reimbursed for their actual expenses  incurred  in
the performance of their duties in the work of the task force.
  (c) The task force shall:
  (1) study mass shooting incidents;
  (2)  recommend  practices  to  identify  potential  mass  shooters and
prevent mass shooting incidents; and
  (3) recommend practices to provide for the security of locations like-
ly to be targeted by a mass shooter.
  (d) The task force may  establish  advisory  committees  as  it  deems
appropriate  on  matters  relating to the task force's functions, powers
and duties. Such committees shall be chaired by a task force member, but
may be composed of task force  members  as  well  as  other  individuals
selected  by the task force to provide expertise of interest specific to
the charge of such committees.
  (e) The task force may, as it deems appropriate, request that studies,
surveys and analyses relating to the task force's powers and  duties  be
performed by any state department, commission, agency or public authori-
ty.  All  state departments, commissions, agencies or public authorities
shall provide information and advice in a timely  manner  and  otherwise
assist  the  task force with its work; provided however, any information
or records otherwise confidential  and  privileged  in  accordance  with
state  or  federal  law  that are provided to the task force pursuant to

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

this subdivision shall remain confidential as provided by such state  or
federal law.
  (f)  The task force shall provide a preliminary report to the governor
and the legislature of its findings,  conclusions,  recommendations  and
activities already undertaken by the task force, not later than thirteen
months  after  the effective date of this act, and a final report of its
findings, conclusions, recommendations and activities already undertaken
by the task force, not later than twenty-two months after the  effective
date of this act and shall submit with its reports legislative proposals
as it deems necessary to implement its recommendations.
  § 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                 PART S

  Section  1.  Section  167-a  of  the  civil service law, as amended by
section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
read as follows:
  § 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
from the coverage of the health benefit plan  of  supplementary  medical
insurance  benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program,  an  amount
equal  to  the  STANDARD  MEDICARE premium charge for such supplementary
medical insurance benefits for such active or retired employee  and  his
or  her  dependents, if any, shall be paid monthly or at other intervals
to such active or retired  employee  from  the  health  insurance  fund.
FURTHERMORE,  EFFECTIVE  JANUARY  FIRST,  TWO  THOUSAND TWENTY-ONE THERE
SHALL BE NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT
AMOUNT FOR AMOUNTS (PREMIUMS) INCURRED ON OR AFTER  JANUARY  FIRST,  TWO
THOUSAND  TWENTY TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPEN-
DENTS, IF ANY. Where appropriate, such STANDARD MEDICARE PREMIUM  amount
may  be  deducted  from contributions payable by the employee or retired
employee; or where appropriate in the case of a retired employee receiv-
ing a retirement allowance, such STANDARD MEDICARE PREMIUM amount may be
included with payments of his or her  retirement  allowance.  All  state
employer,  employee, retired employee and dependent contributions to the
health insurance fund, including contributions from public  authorities,
public  benefit  corporations or other quasi-public organizations of the
state eligible for participation in the health benefit plan  as  author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle,  shall  be  adjusted  as necessary to cover the cost of reimbursing
federal old-age, survivors  and  disability  insurance  program  premium
charges  under  this  section. This cost shall be included in the calcu-
lation of premium or subscription charges for health  coverage  provided
to  employees  and  retired  employees of the state, public authorities,
public benefit corporations or other quasi-public organizations  of  the
state;  provided, however, the state, public authorities, public benefit
corporations or other quasi-public  organizations  of  the  state  shall
remain  obligated  to  pay no less than its share of such increased cost
consistent with its share of premium or  subscription  charges  provided
for  by  this  article.  All  other employer contributions to the health
insurance fund shall be  adjusted  as  necessary  to  provide  for  such
payments.

S. 7505--A                         38                         A. 9505--A

  § 2. This act shall take effect immediately and shall apply on January
1,  2020  for  the income related monthly adjustment amount for amounts,
premiums, incurred on or after January 1, 2020.

                                 PART T

  Section  1.  Section  5004  of  the  civil  practice law and rules, as
amended by chapter 258 of the laws  of  1981,  is  amended  to  read  as
follows:
  §  5004.  Rate of interest. [Interest shall be at the rate of nine per
centum per annum, except where otherwise provided by statute.]  NOTWITH-
STANDING  ANY  OTHER  PROVISION  OF  LAW  OR REGULATION TO THE CONTRARY,
INCLUDING ANY LAW OR REGULATION THAT LIMITS THE ANNUAL RATE OF  INTEREST
TO  BE  PAID ON A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE OF INTEREST
TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM SHALL  BE  CALCULATED  AT  THE
ONE-YEAR  UNITED  STATES  TREASURY  BILL  RATE. FOR THE PURPOSES OF THIS
SECTION, THE "ONE-YEAR UNITED STATES TREASURY BILL RATE" MEANS THE WEEK-
LY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY YIELD,  AS  PUBLISHED  BY
THE  BOARD  OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR
WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT  AWARDING  DAMAGES.
PROVIDED  HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF
THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON
A JUDGMENT OR ACCRUED CLAIM.
  § 2. Section 16 of the state finance law, as amended by chapter 681 of
the laws of 1982, is amended to read as follows:
  § 16. Rate of interest on judgments and  accrued  claims  against  the
state.    The rate of interest to be paid by the state upon any judgment
or accrued claim against the state shall [not exceed nine per centum per
annum] BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY  BILL  RATE.
FOR  THE  PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED STATES TREASURY
BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY  TREASURY
YIELD,  AS  PUBLISHED  BY  THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE
SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF  THE  ENTRY  OF  THE
JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE
OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM.
  §  3.  This  act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2020.
                                 PART U

  Section 1. Section 167-a of the  civil  service  law,  as  amended  by
section  1  of  part  I of chapter 55 of the laws of 2012, is amended to
read as follows:
  § 167-a. Reimbursement for medicare premium  charges.  Upon  exclusion
from  the  coverage  of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a  depend-
ent covered by the health benefit plan is or would be eligible under the
federal  old-age,  survivors and disability insurance program, an amount
equal to the STANDARD MEDICARE premium  charge  for  such  supplementary
medical  insurance  benefits for such active or retired employee and his
or her dependents, if any, shall be paid monthly or at  other  intervals
to  such  active  or  retired  employee  from the health insurance fund;
PROVIDED, HOWEVER, SUCH PAYMENT FOR THE STANDARD MEDICARE PREMIUM CHARGE
SHALL NOT EXCEED ONE HUNDRED FORTY-FOUR  DOLLARS  AND  SIXTY  CENTS  PER
MONTH.   Where appropriate, such STANDARD MEDICARE PREMIUM amount may be
deducted from contributions payable by the employee or retired employee;

S. 7505--A                         39                         A. 9505--A

or where appropriate in the case  of  a  retired  employee  receiving  a
retirement  allowance,  such  STANDARD  MEDICARE  PREMIUM  amount may be
included with payments of his or her  retirement  allowance.  All  state
employer,  employee, retired employee and dependent contributions to the
health insurance fund, including contributions from public  authorities,
public  benefit  corporations or other quasi-public organizations of the
state eligible for participation in the health benefit plan  as  author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle,  shall  be  adjusted  as necessary to cover the cost of reimbursing
federal old-age, survivors  and  disability  insurance  program  premium
charges  under  this  section. This cost shall be included in the calcu-
lation of premium or subscription charges for health  coverage  provided
to  employees  and  retired  employees of the state, public authorities,
public benefit corporations or other quasi-public organizations  of  the
state;  provided, however, the state, public authorities, public benefit
corporations or other quasi-public  organizations  of  the  state  shall
remain  obligated  to  pay no less than its share of such increased cost
consistent with its share of premium or  subscription  charges  provided
for  by  this  article.  All  other employer contributions to the health
insurance fund shall be  adjusted  as  necessary  to  provide  for  such
payments.
  §  2.  This  act  shall take effect immediately and shall apply to the
standard medicare premium amount on and after April 1, 2020.

                                 PART V

  Section 1. Section 167 of the civil service law is amended by adding a
new subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  LAW,  THE  STATE'S
CONTRIBUTION  FOR  THE  COST  OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE
COVERAGE OF RETIRED STATE EMPLOYEES WHO ARE ENROLLED  IN  THE  STATEWIDE
AND  THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS
ARTICLE AND WHO ARE HIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY
SHALL BE AS SET FORTH IN THIS SUBDIVISION.
  (A) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT  OR  EQUATED  TO
GRADE  TEN  OR  HIGHER  WITH  AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY FIFTY PERCENT OF THE  COST  OF  PREMIUM  OR
SUBSCRIPTION  CHARGES  FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE
EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE  COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TEN YEARS, TO A MAXIMUM OF SIXTY-EIGHT PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION  CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT
OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF  SERVICE,
THE  STATE  SHALL  PAY  SEVENTY-FOUR  PERCENT  OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH  RETIRED  STATE
EMPLOYEES.  SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TWENTY YEARS, TO A MAXIMUM OF EIGHTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES.
  (B) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT  OR  EQUATED  TO
GRADE  NINE  OR  LOWER  WITH  AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY FIFTY-FOUR PERCENT OF THE COST  OF  PREMIUM
OR  SUBSCRIPTION  CHARGES  FOR  THE  INDIVIDUAL COVERAGE OF SUCH RETIRED
STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR  EACH  YEAR  OF  SERVICE  IN
EXCESS  OF TEN YEARS, TO A MAXIMUM OF SEVENTY-TWO PERCENT OF THE COST OF

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

PREMIUM OR SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE  FROM  A
POSITION  AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS
OF SERVICE, THE STATE SHALL PAY SEVENTY-EIGHT PERCENT  OF  THE  COST  OF
PREMIUM  OR  SUBSCRIPTION  CHARGES  FOR  THE INDIVIDUAL COVERAGE OF SUCH
RETIRED STATE  EMPLOYEES.  SUCH  CONTRIBUTIONS  SHALL  INCREASE  BY  ONE
PERCENT  OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF
SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-EIGHT  PERCENT
OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES.
  (C)  FOR  STATE  EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE TEN OR HIGHER WITH AT LEAST TEN BUT  LESS  THAN  TWENTY  YEARS  OF
SERVICE,  THE STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF  SUCH  RETIRED
STATE  EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR  EACH  YEAR  OF  SERVICE  IN
EXCESS  OF TEN YEARS, TO A MAXIMUM OF FIFTY-THREE PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE  TEN  OR  HIGHER  WITH
TWENTY  OR MORE YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-NINE PERCENT
OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES  FOR  THE  COVERAGE  OF
DEPENDENTS  OF  SUCH  RETIRED  STATE  EMPLOYEES; SUCH CONTRIBUTION SHALL
INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES
FOR  EACH  YEAR  OF  SERVICE  IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF
SIXTY-NINE PERCENT OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES  FOR
SUCH DEPENDENTS.
  (D)  FOR  STATE  EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE NINE OR LOWER WITH AT LEAST TEN BUT  LESS  THAN  TWENTY  YEARS  OF
SERVICE,  THE STATE SHALL PAY THIRTY-NINE PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF  SUCH  RETIRED
STATE  EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR  EACH  YEAR  OF  SERVICE  IN
EXCESS  OF TEN YEARS, TO A MAXIMUM OF FIFTY-SEVEN PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE  NINE  OR  LOWER  WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SIXTY-THREE PERCENT
OF  THE  COST  OF  PREMIUM  OR  SUBSCRIPTION CHARGES FOR THE COVERAGE OF
DEPENDENTS OF SUCH RETIRED  STATE  EMPLOYEES;  SUCH  CONTRIBUTION  SHALL
INCREASE  BY  ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES
FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY  YEARS,  TO  A  MAXIMUM  OF
SEVENTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
  (E)  WITH  RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES, EACH INCREMENT
OF ONE OR TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
EACH YEAR OF SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF  SERVICE  TO
THE STATE AND SHALL NOT BE APPLIED ON A PRO-RATA BASIS FOR PARTIAL YEARS
OF SERVICE.
  (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
  (1) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM;
  (2)  MEMBERS  IN  THE  UNIFORMED  PERSONNEL  IN INSTITUTIONS UNDER THE
JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS, AS DEFINED  IN
SECTION EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW; AND
  (3)  ANY  STATE  EMPLOYEE DETERMINED TO HAVE RETIRED WITH AN ORDINARY,
ACCIDENTAL, OR PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFIT.
  (G)  FOR  THE  PURPOSES  OF  DETERMINING  THE  COST  OF   PREMIUM   OR
SUBSCRIPTION  CHARGES TO BE PAID BY THE STATE ON BEHALF OF RETIRED STATE

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

EMPLOYEES ENROLLED IN THE NEW YORK STATE HEALTH  INSURANCE  PROGRAM  WHO
ARE  HIRED  ON  OR  AFTER  OCTOBER FIRST, TWO THOUSAND TWENTY, THE STATE
SHALL CONSIDER ALL YEARS OF SERVICE THAT A RETIRED  STATE  EMPLOYEE  HAS
ACCRUED  IN  A  PUBLIC  RETIREMENT  SYSTEM  OF  THE STATE OR AN OPTIONAL
RETIREMENT PROGRAM ESTABLISHED PURSUANT TO ARTICLE  THREE,  EIGHT-B,  OR
ONE  HUNDRED  TWENTY-FIVE-A OF THE EDUCATION LAW. THE PROVISIONS OF THIS
PARAGRAPH MAY NOT BE USED TO GRANT ELIGIBILITY FOR RETIREE STATE  HEALTH
INSURANCE  COVERAGE TO A RETIREE WHO IS NOT OTHERWISE ELIGIBLE TO ENROLL
IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM AS A RETIREE.
  § 2. This act shall take effect October 1, 2020.

                                 PART W

  Section 1. Paragraph (h) of subdivision 1  of  section  209-a  of  the
civil  service  law,  as amended by section 1 of part E of chapter 55 of
the laws of 2019, is amended to read as follows:
  (h) to disclose home addresses, personal telephone  numbers,  personal
cell  phone  numbers, personal e-mail addresses of a public employee, as
the term "public employee" is defined in subdivision  seven  of  section
two  hundred  one of this article, except (i) where required pursuant to
the provisions of this article, [and] (ii) to the extent compelled to do
so by lawful service of process, subpoena,  court  order,  OR  (III)  IN
ACCORDANCE  WITH  SUBDIVISION  FOUR OF SECTION TWO HUNDRED EIGHT OF THIS
ARTICLE, or as otherwise required  by  law.  This  paragraph  shall  not
prohibit other provisions of law regarding work-related, publicly avail-
able information such as title, salary, and dates of employment.
  §  2.  Paragraph  (b)  of  subdivision  4  of section 208 of the civil
service law, as added by section 1 of part RRR of chapter 59 of the laws
of 2018, is amended and a new paragraph (c) is added to read as follows:
  (b) Within thirty days of providing the notice in paragraph a of  this
subdivision,  a  public  employer shall allow a duly appointed represen-
tative of the employee organization that represents that bargaining unit
to meet with such employee for a reasonable amount of time during his or
her work time without charge to leave credits, unless  otherwise  speci-
fied  within  an agreement bargained collectively under article fourteen
of the civil service law, provided however that  arrangements  for  such
meeting  must  be  scheduled in consultation with a designated represen-
tative of the public employer[.]; AND
  (C) UPON THE REQUEST OF THE CERTIFIED AND RECOGNIZED  EMPLOYEE  ORGAN-
IZATION,  AND IF THE PUBLIC EMPLOYER CONDUCTS NEW EMPLOYEE ORIENTATIONS,
THE PUBLIC EMPLOYER SHALL PROVIDE THE  EMPLOYEE  ORGANIZATION  MANDATORY
ACCESS  TO  SUCH  NEW  EMPLOYEE  ORIENTATIONS. THE EMPLOYEE ORGANIZATION
SHALL RECEIVE NOT LESS THAN TEN DAYS' NOTICE IN  ADVANCE  OF  AN  ORIEN-
TATION,  EXCEPT  THAT  A  SHORTER  NOTICE  MAY BE PROVIDED IN A SPECIFIC
INSTANCE WHERE THERE IS AN URGENT NEED CRITICAL TO THE EMPLOYER'S  OPER-
ATIONS  THAT  WAS NOT REASONABLY FORESEEABLE TO PROVIDE SUCH NOTICE. THE
STRUCTURE, TIME, AND MANNER OF EXCLUSIVE REPRESENTATIVE ACCESS SHALL  BE
DETERMINED THROUGH MUTUAL AGREEMENT BETWEEN THE EMPLOYER AND THE EMPLOY-
EE ORGANIZATION.
  §  3.  Section  215 of the civil service law, as added by section 1 of
part DD of chapter 56 of the  laws  of  2019,  is  amended  to  read  as
follows:
  § 215. [Agency] DUES OR AGENCY shop fee deductions. 1. Notwithstanding
any  other law to the contrary, any public employer, any employee organ-
ization, the comptroller and the board, or any  of  their  employees  or
agents,  shall  not be liable for, and shall have a complete defense to,

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

any claims or actions under  the  laws  of  this  state  for  requiring,
deducting,  receiving,  or  retaining DUES OR agency shop fee deductions
from public employees, and current or former public employees shall  not
have  standing  to  pursue  these claims or actions, if the DUES OR fees
were permitted or mandated at the time under the laws of this state then
in force and paid, through payroll deduction or otherwise, prior to June
twenty-seventh, two thousand eighteen.
  2. This section shall apply to claims and actions pending or filed  on
or after June twenty-seventh, two thousand eighteen.
  3.  The  enactment  of this section shall not be interpreted to create
the inference that any relief made unavailable  by  this  section  would
otherwise be available.
  § 4. This act shall take effect immediately.

                                 PART X

  Section  1.  Section  103  of  the  state technology law is amended by
adding a new subdivision 22 to read as follows:
  22. TO ISSUE PROCUREMENTS FOR TECHNOLOGY, AS DEFINED  IN  SECTION  ONE
HUNDRED  ONE OF THIS ARTICLE, IN THE MANNER AS PRESCRIBED IN THIS SUBDI-
VISION.
  (A) NOTWITHSTANDING SECTION  ONE  HUNDRED  SIXTY-THREE  OF  THE  STATE
FINANCE  LAW,  OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE
MAY ISSUE SOLICITATIONS FOR COMPREHENSIVE TECHNOLOGY  SERVICE  CONTRACTS
AND  MAY AWARD COMPREHENSIVE TECHNOLOGY SERVICE CONTRACTS FOR TECHNOLOGY
AS PRESCRIBED IN THIS SUBDIVISION. A  COMPREHENSIVE  TECHNOLOGY  SERVICE
CONTRACT  SHALL  MEAN  ANY CONTRACT FOR BOTH THE DESIGN AND BUILD OF ANY
TECHNOLOGY BY A SINGLE ENTITY OR MULTIPLE ENTITIES ACTING AS ONE,  WHICH
MAY  INCLUDE ANY AND ALL TECHNOLOGY AS DEFINED IN THIS ARTICLE AND SHALL
RESULT IN A COMPLETE AND OPERABLE SYSTEM DELIVERED TO THE STATE.
  (B) FOR ALL PROCUREMENTS  CONDUCTED  PURSUANT  TO  THIS  SECTION,  THE
OFFICE  SHALL  ADVERTISE  IN THE CONTRACT REPORTER AND ON THE WEBSITE OF
THE OFFICE FOR NO  LESS  THAN  FIFTEEN  BUSINESS  DAYS,  A  REQUEST  FOR
PROPOSALS  WHICH  SHALL INCLUDE A DETAILED DESCRIPTION OF THE WORK TO BE
PERFORMED, ANY MINIMUM AND MANDATORY QUALIFICATIONS, A BRIEF DESCRIPTION
OF HOW THE PROPOSALS WILL BE SCORED, AND ANY  OTHER  CRITERIA  THAT  THE
OFFICE DEEMS NECESSARY AND APPROPRIATE. SCORING CRITERIA SHALL BE DRAFT-
ED AND SEALED BY THE OFFICE PRIOR TO THE OPENING OF ANY BIDS. SUCH SCOR-
ING  CRITERIA  SHALL  BE  OBJECTIVE  TO THE EXTENT PRACTICABLE AND SHALL
INCLUDE COST. IF THE WINNING PROPOSAL  SCORES  LESS  THAN  FIVE  PERCENT
HIGHER  THAN  THE PENULTIMATE PROPOSAL, THE OFFICE SHALL BE EMPOWERED TO
REQUEST SUCH TWO BIDDERS TO RE-SUBMIT THEIR COST PROPOSALS WITH THE SAME
OR LOWER COST WITHIN TEN BUSINESS DAYS' NOTICE, WHICH THE  OFFICE  SHALL
THEN  EVALUATE  BASED  ON THE ORIGINAL SEALED SCORING CRITERIA FOR FINAL
AWARD.
  (C) THE OFFICE SHALL INCLUDE IN EVERY  CONTRACT  AWARDED  PURSUANT  TO
THIS  SECTION  A CLAUSE WHICH LIMITS THE ABILITY OF ANY COST INCREASE OF
THE CONTRACT TO NO MORE THAN TEN PERCENT OF THE ORIGINAL  BID  PRICE  OF
THE  CONTRACTOR.  ANY REQUEST FOR AN INCREASE IN CONTRACT PRICE SHALL BE
SUBJECT TO APPROVAL OF THE DIRECTOR OF THE DIVISION OF  THE  BUDGET  AND
THE OFFICE OF THE STATE COMPTROLLER. SUCH CLAUSE SHALL ALSO SPECIFY THAT
IF THE VENDOR REFUSES TO COMPLETE THE CONTRACT ACCORDING TO THE SPECIFIC
TERMS  OF  THE  CONTRACT  AS  SOLELY  DETERMINED BY THE STATE AND UNLESS
OTHERWISE AGREED TO IN WRITING BY THE STATE,  THE  CONTRACTOR  SHALL  BE
LIABLE FOR RETURN OF ALL MONIES PAID BY THE STATE TO THE CONTRACTOR AS A
RESULT  OF THE SUBJECT CONTRACT, DOCUMENTED STATE OUT OF POCKET EXPENSES

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

UP TO THE TIME OF TERMINATION OF THE CONTRACT FOR WORK PERFORMED BY  THE
STATE  IN  FURTHERANCE  OF THE GOALS OF THE CONTRACT, AND ANY DOCUMENTED
COVER COSTS WHICH THE STATE INCURS AS A RESULT OF RE-PROCUREMENT OF  THE
CONTRACT, REGARDLESS OF FAULT. THE STATE SHALL ALSO RETAIN ALL TITLE AND
INTEREST  IN  ANY CUSTOM-BUILT WORK PRODUCT DELIVERED TO THE STATE UP TO
AND INCLUDING THE TIME OF TERMINATION, REGARDLESS OF PAYMENT  OR  REFUND
OF ASSOCIATED MONIES TO OR BY THE STATE.
  (D)  ALL TERMS USED IN THIS SECTION SHALL HAVE THE SAME MEANING OTHER-
WISE PRESCRIBED IN THIS CHAPTER OR IN ARTICLES ELEVEN AND  NINE  OF  THE
STATE  FINANCE  LAW,  EXCEPT  FOR  THOSE  SPECIFICALLY  DEFINED  IN THIS
SECTION.
  § 2. Subdivisions 3 and 4 of section 163-a of the state  finance  law,
subdivision  3  as added by chapter 430 of the laws of 1997 and subdivi-
sion 4 as amended by section 10 of part O of chapter 55 of the  laws  of
2012, are amended and a new subdivision 5 is added to read as follows:
  3.  A  vendor  has  furnished  at government request specifications or
information regarding a product or service they provide, but such vendor
has not been directly requested to write specifications for such product
or service or an agency technology procurement proposal; [or]
  4. The [state agency together with] DIRECTOR OF the office of informa-
tion technology services, UPON REQUEST BY  A  STATE  AGENCY,  determines
that  the  restriction  is  not in the best interest of the state[. Such
office shall notify each member of the advisory council  established  in
article  one  of  the  state  technology law of any such waiver of these
restrictions.]; OR
  5. FOR THE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE RESTRICTIONS
CONTAINED WITHIN THIS SECTION SHALL NOT  APPLY  TO  PROCUREMENTS  ISSUED
PURSUANT TO SECTION ONE HUNDRED THREE OF THE STATE TECHNOLOGY LAW.
  § 3. This act shall take effect immediately.

                                 PART Y

  Section  1. Subdivision 10 of section 160 of the state finance law, as
added by chapter 83 of the laws of 1995, is amended to read as follows:
  10. "Technology" means either a good or a  service  or  a  combination
thereof,  [that  results  in a technical method of achieving a practical
purpose or in improvements in productivity] USED IN THE  APPLICATION  OF
ANY  COMPUTER OR ELECTRONIC INFORMATION OR INTERCONNECTED SYSTEM THAT IS
USED IN THE ACQUISITION, STORAGE,  MANIPULATION,  MANAGEMENT,  MOVEMENT,
CONTROL,  DISPLAY, SWITCHING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF
DATA OR VOICE INCLUDING, BUT NOT LIMITED TO, HARDWARE, SOFTWARE,  INFOR-
MATION  APPLIANCES,  FIRMWARE,  PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUC-
TURE, MEDIA, AND RELATED MATERIAL USED TO  AUTOMATICALLY  AND  ELECTRON-
ICALLY  COLLECT,  RECEIVE,  ACCESS,  TRANSMIT,  DISPLAY,  STORE, RECORD,
RETRIEVE, ANALYZE,  EVALUATE,  PROCESS,  CLASSIFY,  MANIPULATE,  MANAGE,
ASSIMILATE,  CONTROL,  COMMUNICATE,  EXCHANGE, CONVERT, COVERAGE, INTER-
FACE, SWITCH, OR DISSEMINATE DATA OF ANY KIND OR FORM, AND SHALL INCLUDE
ALL  ASSOCIATED  CONSULTING,  MANAGEMENT,  FACILITIES,  MAINTENANCE  AND
TRAINING. Goods may be either new or used.
  §  2.  Subdivision  5  of  section 101 of the state technology law, as
added by chapter 430 of the laws of 1997 and as  renumbered  by  chapter
437 of the laws of 2004, is amended to read as follows:
  5.  "Technology"  means  [a  good,  service,  or good and service that
results in a digital, electronic or similar technical method of  achiev-
ing  a  practical  purpose or in improvements in productivity, including
but not limited to information management, equipment, software,  operat-

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

ing  systems,  interface  systems,  interconnected systems, telecommuni-
cations, data management, networks, and network management,  consulting,
supplies,  facilities,  maintenance  and  training]  EITHER  A GOOD OR A
SERVICE OR A COMBINATION THEREOF, USED IN THE APPLICATION OF ANY COMPUT-
ER  OR  ELECTRONIC  INFORMATION OR INTERCONNECTED SYSTEM THAT IS USED IN
THE ACQUISITION, STORAGE, MANIPULATION, MANAGEMENT,  MOVEMENT,  CONTROL,
DISPLAY,  SWITCHING,  INTERCHANGE, TRANSMISSION, OR RECEPTION OF DATA OR
VOICE INCLUDING, BUT NOT LIMITED  TO,  HARDWARE,  SOFTWARE,  INFORMATION
APPLIANCES,   FIRMWARE,  PROGRAMS,  SYSTEMS,  NETWORKS,  INFRASTRUCTURE,
MEDIA, AND RELATED MATERIAL USED  TO  AUTOMATICALLY  AND  ELECTRONICALLY
COLLECT,  RECEIVE,  ACCESS,  TRANSMIT, DISPLAY, STORE, RECORD, RETRIEVE,
ANALYZE, EVALUATE, PROCESS, CLASSIFY,  MANIPULATE,  MANAGE,  ASSIMILATE,
CONTROL, COMMUNICATE, EXCHANGE, CONVERT, COVERAGE, INTERFACE, SWITCH, OR
DISSEMINATE  DATA  OF ANY KIND OR FORM, AND SHALL INCLUDE ALL ASSOCIATED
CONSULTING, MANAGEMENT, FACILITIES, MAINTENANCE, SUPPORT  AND  TRAINING.
GOODS MAY BE EITHER NEW OR USED.
  § 3. This act shall take effect immediately.

                                 PART Z

  Section  1.  Section  1  of  part S of chapter 56 of the laws of 2010,
relating to establishing a joint  appointing  authority  for  the  state
financial system project, is amended to read as follows:
  Section  1.  The  division of the budget and office of the state comp-
troller may dedicate such officers and employees as may be needed  to  a
joint  project,  which shall be known as the [state] STATEWIDE financial
system project, and which shall  be  responsible  for  the  development,
implementation  and maintenance of a single, statewide financial manage-
ment system for use by the OFFICE OF THE state comptroller and all agen-
cies. The division of the budget and the office of the state comptroller
shall serve jointly as the appointing authority for  all  titles  within
the  project,  and  shall  jointly  appoint a project [manager] DIRECTOR
therefor. For purposes of appointment  and  promotion  under  the  civil
service  law,  the  [state]  STATEWIDE financial system project shall be
treated as if it were a single department.  FOR THE PURPOSES OF PROCURE-
MENT AND CONTRACTING PURSUANT TO THE STATE FINANCE  LAW,  THE  STATEWIDE
FINANCIAL  SYSTEM  PROJECT  SHALL  BE  TREATED  AS  A SINGLE DEPARTMENT,
PROVIDED THAT ALL PROCUREMENTS AND CONTRACTS ISSUED AND AGREED TO BY THE
STATEWIDE FINANCIAL SYSTEM PROJECT SHALL BE SUBJECT TO THE  APPROVAL  OF
THE DIVISION OF THE BUDGET AND THE OFFICE OF THE STATE COMPTROLLER.
  § 2. This act shall take effect immediately.

                                 PART AA

  Section 1. Subdivision 12 of section 3 of the public buildings law, as
amended  by  section  48 of part T of chapter 57 of the laws of 2007, is
amended to read as follows:
  12. Lease from time to time buildings, rooms or premises in the county
of Albany, and elsewhere as required, for providing  space  for  depart-
ments,  commissions,  boards  and officers of the state government, upon
such terms and conditions as he or she deems most  advantageous  to  the
state.  Any such lease shall, however, be for a term not exceeding [ten]
FIFTEEN years, but may provide for optional renewals on the part of  the
state,  for  terms of [ten] FIFTEEN years or less. Each such lease shall
contain a clause stating that the contract of the state thereunder shall
be deemed executory only to the extent of moneys available therefor  and

S. 7505--A                         45                         A. 9505--A

that no liability shall be incurred by the state beyond the money avail-
able  for such purpose. Notwithstanding the provisions of any other law,
except section sixteen hundred seventy-six of the public authorities law
relating  to  use  of  dormitory  authority  facilities by the aged, the
commissioner of general services shall have sole and exclusive authority
to lease space for state departments, agencies, commissions, boards  and
officers  within the county of Albany. Any buildings, rooms or premises,
now or hereafter held by the  commissioner  of  general  services  under
lease, may be sublet, in part or in whole, provided that in the judgment
of  the  commissioner,  and the occupying department, commission, board,
and officers of the state government, such buildings, rooms or  premises
are not for a time needed. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE  CONTRARY,  IF BONDS OR NOTES ARE ISSUED PURSUANT TO SECTION SIXTEEN
HUNDRED EIGHTY-N OF THE  PUBLIC  AUTHORITIES  LAW  FOR  THE  PURPOSE  OF
ACQUIRING A BUILDING OR OTHER FACILITY PREVIOUSLY FINANCED BY A LEASE OR
LEASE-PURCHASE  OBLIGATION  AS AUTHORIZED HEREIN, THE STATE AGENCY WHICH
IS THE TENANT IN OCCUPANCY SHALL BE AUTHORIZED TO REMIT TAX PAYMENTS  OR
PAYMENTS  IN  LIEU  OF  THEREOF TO THE APPROPRIATE TAXING AUTHORITY IN A
MANNER CONSISTENT WITH  THE  PROCESS  AND  TERM  ESTABLISHED  UNDER  THE
ORIGINAL  LEASE  OR LEASE-PURCHASE FOR THE SUBJECT PROPERTY FOR A PERIOD
COINCIDENT WITH THE TERM OF THE LEASE AS ESTABLISHED AT THE COMMENCEMENT
OF THE TERM THEREOF. THE STATE MAY  UNDERTAKE  A  CERTIORARI  REVIEW  OF
ASSESSMENTS THAT MAY BE IMPOSED FROM TIME TO TIME.
  §  2.  This act shall take effect on the same date as the reversion of
subdivision 12 of section 3 of the public buildings law as  provided  in
section 27 of chapter 95 of the laws of 2000, as amended.

                                 PART BB

  Section 1. Section 139-l of the state finance law, as added by section
1  of subpart A of part KK of chapter 57 of the laws of 2018, is amended
to read as follows:
  § 139-l. Statement on sexual harassment AND REPORTS ON SEXUAL  HARASS-
MENT,  in  bids.  1.  (a)  Every  bid hereafter made to the state or any
public department  or  agency  thereof,  where  competitive  bidding  is
required  by statute, rule or regulation, for work or services performed
or to be performed or goods sold  or  to  be  sold,  shall  contain  the
following statement subscribed by the bidder and affirmed by such bidder
as true under the penalty of perjury:
"By  submission  of  this  bid,  each  bidder and each person signing on
behalf of any bidder certifies, and in the case  of  a  joint  bid  each
party  thereto  certifies  as  to its own organization, under penalty of
perjury, that the bidder  has  and  has  implemented  a  written  policy
addressing  sexual  harassment  prevention in the workplace and provides
annual sexual harassment prevention training to all  of  its  employees.
Such  policy  shall,  at a minimum, meet the requirements of section two
hundred one-g of the labor law."
  (b) Every bid hereafter made to the state or any public department  or
agency  thereof,  where  competitive bidding is not required by statute,
rule or regulation, for work or services performed or to be performed or
goods sold or to be sold, may contain, at the discretion of the  depart-
ment,  agency  or official, the certification required pursuant to para-
graph (a) of this subdivision.
  2. (A) EVERY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC  DEPARTMENT
OR  AGENCY  THEREOF,  WHERE  COMPETITIVE BIDDING IS REQUIRED BY STATUTE,
RULE OR REGULATION, FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR

S. 7505--A                         46                         A. 9505--A

GOODS SOLD OR TO BE SOLD, SHALL INCLUDE A REPORT LISTING (I) THE NAME OF
THE BIDDER; (II) THE TOTAL NUMBER OF ADVERSE JUDGMENTS OR ADMINISTRATIVE
RULINGS ARISING FROM ALLEGATIONS OF SEXUAL HARASSMENT DURING THE PRECED-
ING  YEAR;  (III)  TOTAL NUMBER OF EMPLOYEES; (IV) WHETHER ANY EQUITABLE
RELIEF WAS ORDERED AGAINST THE BIDDER IN ANY ADVERSE JUDGMENT OR  ADMIN-
ISTRATIVE  RULING;  (V)  THE TOTAL NUMBER OF SETTLEMENTS, DEFINED AS ANY
WRITTEN COMMITMENT OR WRITTEN AGREEMENT, INCLUDING ANY AGREED  JUDGMENT,
STIPULATION,  DECREE,  AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE,
OR OTHERWISE BETWEEN AN EMPLOYEE OR A NONEMPLOYEE AND  A  BIDDER,  UNDER
WHICH  THE  BIDDER  DIRECTLY  OR  INDIRECTLY  PROVIDES  TO AN INDIVIDUAL
COMPENSATION OR OTHER CONSIDERATION DUE TO AN ALLEGATION THAT THE  INDI-
VIDUAL  HAS  BEEN  A  VICTIM OF SEXUAL HARASSMENT, THAT HAS BEEN ENTERED
INTO DURING THE PRECEDING YEAR THAT RELATE TO ANY ALLEGED ACT OF  SEXUAL
HARASSMENT  THAT  OCCURRED  IN THE WORKPLACE OF THE BIDDER; AND (VI) THE
TOTAL NUMBER OF SETTLEMENTS ENTERED INTO DURING THE PREVIOUS  YEAR  THAT
RELATE  TO ANY ALLEGED ACT OF SEXUAL HARASSMENT COMMITTED BY A CORPORATE
EXECUTIVE WITHOUT REGARD TO WHETHER THAT BEHAVIOR OCCURRED IN THE  WORK-
PLACE  OF THE BIDDER. THE INFORMATION REQUIRED BY THIS SUBDIVISION SHALL
BE PROVIDED IN ELECTRONIC FORMAT IN SUCH FORM AS PRESCRIBED BY THE DIVI-
SION OF HUMAN RIGHTS.
  (B) ON OR BEFORE THE FIFTEENTH OF FEBRUARY OF EACH YEAR, COPIES OF THE
REPORTS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION  RECEIVED  IN  THE
PREVIOUS  CALENDAR YEAR SHALL BE TRANSMITTED FROM THE CONTRACTING AGENCY
TO THE DIVISION OF HUMAN RIGHTS AND THE OFFICE OF THE STATE COMPTROLLER.
THE OFFICE OF THE STATE  COMPTROLLER  SHALL  PREPARE  AN  ANNUAL  REPORT
SUMMARIZING  SUCH  DATA,  WHICH  SHALL BE SUBMITTED TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY  AND  THE
CHAIRPERSONS  OF THE SENATE FINANCE, THE ASSEMBLY WAYS AND MEANS COMMIT-
TEES, THE ATTORNEY GENERAL, THE COMMISSIONER OF LABOR, AND  THE  COMMIS-
SIONER  OF THE DIVISION OF HUMAN RIGHTS BY THE THIRTY-FIRST OF JULY EACH
YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.   SUCH  REPORT  SHALL
INCLUDE THE NAME OF THE BIDDER; THE TOTAL NUMBER OF ADVERSE JUDGMENTS OR
ADMINISTRATIVE  RULINGS  DURING  THE PRECEDING YEAR; THE TOTAL NUMBER OF
EMPLOYEES; WHETHER ANY EQUITABLE RELIEF WAS ORDERED AGAINST  THE  BIDDER
IN  ANY  ADVERSE JUDGMENT OR ADMINISTRATIVE RULING; AND THE TOTAL NUMBER
OF SETTLEMENTS, AS DEFINED IN SUBPARAGRAPH (V) OF PARAGRAPH (A) OF  THIS
SUBDIVISION, ENTERED INTO DURING THE PRECEDING YEAR.
  [2.] 3. Notwithstanding the foregoing, the statement required by para-
graph  (a) of subdivision one of this section AND THE REPORT REQUIRED BY
PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION may be submitted  elec-
tronically  in  accordance  with  the provisions of subdivision seven of
section one hundred sixty-three of this chapter.
  [3.] 4. A bid shall not be considered for award nor shall any award be
made to a bidder who has not complied  with  [subdivision]  SUBDIVISIONS
one  AND  TWO  of  this  section;  provided, however, that if the bidder
cannot make the foregoing certification, such bidder shall so state  and
shall furnish with the bid a signed statement which sets forth in detail
the reasons therefor.
  [4.]  5. Any bid hereafter made to the state or any public department,
agency or official thereof, by a corporate bidder for work  or  services
performed or to be performed or goods sold or to be sold, where such bid
contains  the  statement required by subdivision one of this section AND
THE REPORT REQUIRED BY SUBDIVISION TWO OF THIS SECTION, shall be  deemed
to  have  been  authorized by the board of directors of such bidder, and
such authorization shall be deemed to include the signing and submission

S. 7505--A                         47                         A. 9505--A

of such bid and the inclusion therein of such statement AND SUCH  REPORT
as the act and deed of the corporation.
  §  2.  This act shall take effect on the first of July next succeeding
the date upon which it shall have become a law and shall  apply  to  all
contracts with the state entered into on and after such effective date.

                                 PART CC

  Section  1.  Subdivision  3  of  section  17 of the alcoholic beverage
control law, as amended by section 8 of chapter 522 of the laws of 2018,
is amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty  for  cause  against
any  holder  of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
dollars  as  against  the holder of any retail permit issued pursuant to
sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and  as  against  the  holder  of  any retail license issued pursuant to
sections fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five,  fifty-
five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
sixty-four-c, seventy-six-f, seventy-nine, eighty-one  and  eighty-one-a
of  this chapter, AND AS AGAINST THE HOLDER OF ANY LICENSE ISSUED PURSU-
ANT TO SECTION FORTY OF THIS CHAPTER, and the  sum  of  thirty  thousand
dollars  as  against the holder of a license issued pursuant to sections
thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b,  seventy-six,
seventy-six-a,  and  seventy-eight  of  this  chapter, provided that the
civil penalty against the holder of a wholesale license issued  pursuant
to  section  fifty-three of this chapter shall not exceed the sum of ten
thousand dollars where that licensee violates provisions of this chapter
during the course of the sale of beer at retail to a person for consump-
tion at home, and the sum of one hundred thousand dollars as against the
holder of any license issued pursuant to sections fifty-one,  sixty-one,
and  sixty-two of this chapter. Any civil penalty so imposed shall be in
addition to and separate and apart from the terms and provisions of  the
bond  required  pursuant  to section one hundred twelve of this chapter.
Provided that no appeal is pending  on  the  imposition  of  such  civil
penalty, in the event such civil penalty imposed by the division remains
unpaid,  in  whole  or  in part, more than forty-five days after written
demand for payment has been sent by first class mail to the  address  of
the  licensed  premises, a notice of impending default judgment shall be
sent by first class mail to the licensed premises  and  by  first  class
mail  to  the  last known home address of the person who signed the most
recent license application.  The notice of  impending  default  judgment
shall  advise  the licensee: (a) that a civil penalty was imposed on the
licensee; (b) the date the penalty was imposed; (c) the  amount  of  the
civil  penalty;  (d) the amount of the civil penalty that remains unpaid
as of the date of the notice; (e) the violations  for  which  the  civil
penalty  was imposed; and (f) that a judgment by default will be entered
in the supreme court of the county in which the  licensed  premises  are
located,  or  other  court  of  civil  jurisdiction  or  any other place
provided for the entry of civil judgments within the state of  New  York
unless  the  division  receives  full payment of all civil penalties due
within twenty days of the date of the notice of impending default  judg-
ment. If full payment shall not have been received by the division with-
in  thirty  days of mailing of the notice of impending default judgment,

S. 7505--A                         48                         A. 9505--A

the division shall proceed to enter with such court a statement  of  the
default  judgment  containing  the  amount  of  the penalty or penalties
remaining due and unpaid, along with proof of mailing of the  notice  of
impending  default  judgment. The filing of such judgment shall have the
full force and effect of a default  judgment  duly  docketed  with  such
court  pursuant  to  the  civil  practice law and rules and shall in all
respects be governed by that chapter and may be  enforced  in  the  same
manner  and  with  the same effect as that provided by law in respect to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
  § 2. Subdivision 3 of section 17 of  the  alcoholic  beverage  control
law,  as  amended  by  section  9 of chapter 522 of the laws of 2018, is
amended to read as follows:
  3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty  for  cause  against
any  holder  of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall  not  exceed  the  sum  of  ten  thousand
dollars  as  against  the holder of any retail permit issued pursuant to
sections ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d,  and
paragraph f of subdivision one of section ninety-nine-b of this chapter,
and  as  against  the  holder  of  any retail license issued pursuant to
sections fifty-three-a,  fifty-four,  fifty-four-a,  fifty-five,  fifty-
five-a,    sixty-three,    sixty-four,    sixty-four-a,    sixty-four-b,
sixty-four-c, seventy-six-f, seventy-nine, eighty-one, and  eighty-one-a
of  this chapter, AND AS AGAINST THE HOLDER OF ANY LICENSE ISSUED PURSU-
ANT TO SECTION FORTY OF THIS CHAPTER, and the  sum  of  thirty  thousand
dollars  as  against the holder of a license issued pursuant to sections
thirty, thirty-one, fifty-three, sixty-one-a, sixty-one-b,  seventy-six,
seventy-six-a and seventy-eight of this chapter, provided that the civil
penalty  against  the  holder  of a wholesale license issued pursuant to
section fifty-three of this chapter shall not  exceed  the  sum  of  ten
thousand dollars where that licensee violates provisions of this chapter
during the course of the sale of beer at retail to a person for consump-
tion at home, and the sum of one hundred thousand dollars as against the
holder  of  any license issued pursuant to sections fifty-one, sixty-one
and sixty-two of this chapter. Any civil penalty so imposed shall be  in
addition  to and separate and apart from the terms and provisions of the
bond required pursuant to section one hundred twelve  of  this  chapter.
Provided  that  no  appeal  is  pending  on the imposition of such civil
penalty, in the event such civil penalty imposed by the division remains
unpaid, in whole or in part, more than  forty-five  days  after  written
demand  for  payment has been sent by first class mail to the address of
the licensed premises, a notice of impending default judgment  shall  be
sent  by  first  class  mail to the licensed premises and by first class
mail to the last known home address of the person who  signed  the  most
recent  license  application.   The notice of impending default judgment
shall advise the licensee: (a) that a civil penalty was imposed  on  the
licensee;  (b)  the  date the penalty was imposed; (c) the amount of the
civil penalty; (d) the amount of the civil penalty that  remains  unpaid
as  of  the  date  of the notice; (e) the violations for which the civil
penalty was imposed; and (f) that a judgment by default will be  entered
in  the  supreme  court of the county in which the licensed premises are
located, or other court  of  civil  jurisdiction,  or  any  other  place
provided  for  the entry of civil judgments within the state of New York
unless the division receives full payment of  all  civil  penalties  due

S. 7505--A                         49                         A. 9505--A

within  twenty days of the date of the notice of impending default judg-
ment. If full payment shall not have been received by the division with-
in thirty days of mailing of the notice of impending  default  judgment,
the  division  shall proceed to enter with such court a statement of the
default judgment containing the  amount  of  the  penalty  or  penalties
remaining  due  and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall  have  the
full  force  and  effect  of  a default judgment duly docketed with such
court pursuant to the civil practice law and  rules  and  shall  in  all
respects  be  governed  by  that chapter and may be enforced in the same
manner and with the same effect as that provided by law  in  respect  to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
  §  3.  The  alcoholic  beverage control law is amended by adding a new
article 3-A to read as follows:
                                ARTICLE 3-A
                         MISCELLANEOUS LICENSES
SECTION 40. HIGHER EDUCATION INSTITUTION LICENSE.
  § 40. HIGHER EDUCATION INSTITUTION LICENSE. 1. ANY COLLEGE OR  UNIVER-
SITY  ACCREDITED BY THE BOARD OF REGENTS OF THE NEW YORK STATE EDUCATION
DEPARTMENT MAY APPLY TO THE LIQUOR  AUTHORITY  FOR  A  HIGHER  EDUCATION
INSTITUTION  LICENSE  AS  PROVIDED FOR IN THIS SECTION. SUCH APPLICATION
SHALL BE IN WRITING AND SHALL CONTAIN SUCH  INFORMATION  AS  THE  LIQUOR
AUTHORITY  SHALL  REQUIRE.  SUCH  APPLICATION  SHALL BE ACCOMPANIED BY A
CHECK OR DRAFT FOR THE AMOUNT REQUIRED  BY  THIS  SUBDIVISION  FOR  SUCH
LICENSE.  IF THE LIQUOR AUTHORITY SHALL APPROVE THE APPLICATION IT SHALL
ISSUE A LICENSE IN SUCH FORM AS SHALL BE DETERMINED BY  ITS  RULES.  THE
ANNUAL FEE FOR A HIGHER EDUCATION INSTITUTION LICENSE SHALL BE TWO THOU-
SAND DOLLARS.
  2. A LICENSEE UNDER THIS SECTION SHALL HAVE THE FOLLOWING PRIVILEGES:
  (A)  TO OPERATE A MANUFACTURING FACILITY OR FACILITIES AT THE LICENSED
PREMISES FOR THE PRODUCTION OF MEAD, BEER, CIDER, LIQUOR, AND WINE;  THE
LICENSEE  MAY:  (I)  SELL IN BULK SUCH ALCOHOLIC BEVERAGES TO ANY PERSON
LICENSED UNDER THIS CHAPTER TO MANUFACTURE THE CLASS OF ALCOHOLIC BEVER-
AGE TO BE PURCHASED, OR TO A PERMITTEE ENGAGED  IN  THE  MANUFACTURE  OF
PRODUCTS  WHICH  ARE  UNFIT  FOR BEVERAGE USE; (II) SELL OR DELIVER SUCH
ALCOHOLIC BEVERAGES TO PERSONS OUTSIDE THE STATE PURSUANT TO THE LAWS OF
THE PLACE OF SUCH DELIVERY;
  (B) TO SELL TO MANUFACTURERS, WHOLESALERS, AND RETAILERS  LICENSED  OR
PERMITTED  IN  THIS  STATE  ANY  ALCOHOLIC  BEVERAGE MANUFACTURED BY THE
LICENSEE WHICH THAT MANUFACTURER, WHOLESALER OR RETAILER MAY  SELL.  ALL
SUCH ALCOHOLIC BEVERAGES SOLD BY THE LICENSEE MUST BE SECURELY SEALED IN
A  CONTAINER  AND  HAVE ATTACHED THERETO A LABEL AS SHALL BE REQUIRED BY
SECTION ONE HUNDRED SEVEN-A OF THIS CHAPTER;
  (C) (I) (A) TO SELL AT RETAIL FOR ON AND OFF PREMISES CONSUMPTION  ANY
ALCOHOLIC  BEVERAGE  MANUFACTURED BY THE LICENSEE AND ANY NEW YORK STATE
LABELED ALCOHOLIC BEVERAGE PROVIDED THAT FOR ON-PREMISES CONSUMPTION THE
LICENSEE REGULARLY KEEPS FOOD AVAILABLE SUCH AS  SANDWICHES,  SOUPS  AND
OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED OR FROZEN, AND/OR
FOOD  ITEMS  INTENDED  TO COMPLEMENT THE TASTING OF ALCOHOLIC BEVERAGES,
WHICH SHALL MEAN A DIVERSIFIED SELECTION  OF  FOOD  THAT  IS  ORDINARILY
CONSUMED  WITHOUT  THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED
WHILE STANDING OR  WALKING,  INCLUDING  BUT  NOT  LIMITED  TO:  CHEESES,
FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS AND CRACKERS. (B) SALES
MADE  UNDER  CLAUSE (A) FOR OFF-PREMISES CONSUMPTION MAY BE MADE ONLY TO

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

CUSTOMERS WHO ARE PHYSICALLY PRESENT UPON THE LICENSED PREMISES AND SUCH
SALE SHALL BE CONCLUDED BY THE CUSTOMER'S TAKING, WITH HIM  OR  HER,  OF
THE SEALED CONTAINERS PURCHASED BY SUCH CUSTOMER AT THE TIME THE CUSTOM-
ER  LEAVES THE LICENSED PREMISES. SUCH SALES SHALL NOT BE MADE WHERE THE
ORDER IS PLACED BY LETTER,  TELEPHONE,  FAX,  OR  EMAIL,  OR  WHERE  THE
CUSTOMER  OTHERWISE DOES NOT PLACE THE ORDER WHILE THE CUSTOMER IS PHYS-
ICALLY PRESENT UPON THE LICENSED PREMISES; (II) TO OPERATE A RESTAURANT,
HOTEL, CATERING ESTABLISHMENT, OR OTHER FOOD AND DRINKING  ESTABLISHMENT
AT  THE LICENSED PREMISES AND SELL AT SUCH PLACE, AT RETAIL FOR CONSUMP-
TION ON THE PREMISES, ANY ALCOHOLIC BEVERAGE MANUFACTURED BY THE  LICEN-
SEE AND ANY NEW YORK STATE LABELED ALCOHOLIC BEVERAGE; (III) TO APPLY TO
THE  AUTHORITY  FOR A LICENSE UNDER THIS CHAPTER TO SELL OTHER ALCOHOLIC
BEVERAGES AT RETAIL FOR CONSUMPTION AT THE LICENSED PREMISES.    ALL  OF
THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL BEER, LIQUOR
OR  WINE AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL APPLY AS FAR AS
APPLICABLE; (IV) TO SELL ALCOHOLIC BEVERAGES MANUFACTURED BY THE  LICEN-
SEE  AT  THE  STATE FAIR, RECOGNIZED COUNTY FAIRS AND AT FARMERS MARKETS
OPERATED ON A NOT-FOR-PROFIT BASIS;  (V)  TO  SELL  ALCOHOLIC  BEVERAGES
PRODUCED  BY  THE  LICENSEE  IN  BULK  BY  THE  KEG, CASK, OR BARREL FOR
CONSUMPTION AND NOT FOR RESALE AT A CLAM-BAKE, BARBEQUE, PICNIC OR SIMI-
LAR OUTDOOR GATHERING;
  (D) TO MANUFACTURE, BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS  SUCH
AS  HONEY,  MUSTARDS,  SAUCES,  JAMS,  JELLIES, MULLING SPICES AND OTHER
ALCOHOLIC BEVERAGE RELATED FOODS IN ADDITION  TO  OTHER  SUCH  FOOD  AND
CRAFTS  ON  AND FROM THE LICENSED PREMISES. SUCH LICENSE SHALL AUTHORIZE
THE HOLDER THEREOF TO STORE AND SELL GIFT ITEMS IN A TAX-PAID ROOM  UPON
THE  LICENSED  PREMISES  INCIDENTAL  TO THE SALE OF ALCOHOLIC BEVERAGES.
THESE GIFT ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES: (I)  NON-
ALCOHOLIC  BEVERAGES  FOR  CONSUMPTION ON OR OFF PREMISES, INCLUDING BUT
NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES; (II) FOOD  ITEMS
FOR THE PURPOSE OF COMPLEMENTING ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A
DIVERSIFIED  SELECTION  OF  FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE
USE OF TABLEWARE AND CAN BE  CONVENIENTLY  CONSUMED  WHILE  STANDING  OR
WALKING.  SUCH  FOOD  ITEMS  SHALL  INCLUDE  BUT NEED NOT BE LIMITED TO:
CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, BAKED  GOODS,  MUSTARDS
AND  CRACKERS;  (III)  FOOD  ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCED
FARM PRODUCTS AND ANY FOOD OR FOOD PRODUCT NOT SPECIFICALLY PREPARED FOR
IMMEDIATE CONSUMPTION UPON THE PREMISES. SUCH FOOD ITEMS MAY BE COMBINED
INTO A PACKAGE CONTAINING ALCOHOLIC BEVERAGES; (IV)  ALCOHOLIC  BEVERAGE
SUPPLIES  AND ACCESSORIES, WHICH SHALL INCLUDE ANY ITEM UTILIZED FOR THE
STORAGE, SERVING OR CONSUMPTION OF ALCOHOLIC BEVERAGES OR FOR DECORATIVE
PURPOSES. THESE SUPPLIES MAY BE SOLD AS SINGLE ITEMS OR MAY BE  COMBINED
INTO  A  PACKAGE  CONTAINING ALCOHOLIC BEVERAGES; (V) ALCOHOLIC BEVERAGE
EQUIPMENT AND SUPPLIES INCLUDING, BUT NOT LIMITED TO: HONEY, HOME  ALCO-
HOLIC  BEVERAGE-MAKING KITS, PUMPS, FILTERS, YEASTS, CHEMICALS AND OTHER
ALCOHOLIC BEVERAGE ADDITIVES,  BOTTLING  EQUIPMENT,  BOTTLES,  ALCOHOLIC
BEVERAGE  STORAGE  AND  FERMENTING  VESSELS, BARRELS, AND BOOKS OR OTHER
WRITTEN MATERIAL TO ASSIST ALCOHOLIC  BEVERAGE  MAKERS  TO  PRODUCE  AND
BOTTLE  ALCOHOLIC  BEVERAGES;  AND  (VI)  SOUVENIR  ITEMS,  WHICH  SHALL
INCLUDE, BUT NEED NOT BE LIMITED TO: ARTWORK, CRAFTS, CLOTHING, AGRICUL-
TURAL PRODUCTS AND ANY OTHER ARTICLES WHICH CAN BE CONSTRUED  TO  PROPA-
GATE TOURISM WITHIN THE REGION.
  (E)  TO  ENGAGE  IN  ANY OTHER BUSINESS ON THE LICENSED PREMISES AS IS
COMPATIBLE WITH THE MISSION OF A COLLEGE AND UNIVERSITY  AND  COMPATIBLE
WITH  THE  POLICY  AND  PURPOSES OF THIS CHAPTER IN CONSIDERATION OF THE

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

EFFECT OF THE PARTICULAR BUSINESSES ON THE COMMUNITY  AND  AREA  IN  THE
VICINITY OF THE LICENSED PREMISES.
  (F)  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF LAW OR OF ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, AND IN ADDITION TO  THE  ACTIV-
ITIES  WHICH  MAY  OTHERWISE BE CARRIED OUT BY ANY PERSON LICENSED UNDER
THIS SECTION, SUCH PERSON  MAY,  ON  THE  PREMISES  DESIGNATED  IN  SUCH
LICENSE:  (I) PRODUCE, PACKAGE, BOTTLE, SELL AND DELIVER SOFT DRINKS AND
OTHER  NON-ALCOHOLIC  BEVERAGES;  (II) RECOVER CARBON DIOXIDE AND YEAST;
(III) STORE BOTTLES, PACKAGES AND SUPPLIES NECESSARY  OR  INCIDENTAL  TO
ALL  SUCH  OPERATIONS;  (IV)  PACKAGE,  BOTTLE,  SELL  AND  DELIVER WINE
PRODUCTS; (V) ALLOW FOR THE PREMISES INCLUDING SPACE AND EQUIPMENT TO BE
RENTED BY A LICENSED TENANT ALCOHOLIC BEVERAGE PRODUCER FOR THE PURPOSES
OF ALTERNATION.
  (G) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE RULES  AND  REGU-
LATIONS  TO  EFFECTUATE  THE  PROVISIONS OF THIS SECTION. IN PRESCRIBING
SUCH RULES AND REGULATIONS, THE AUTHORITY SHALL  PROMOTE  THE  EXPANSION
AND PROFITABILITY OF ALCOHOLIC BEVERAGE PRODUCTION AND OF TOURISM IN NEW
YORK,  THEREBY PROMOTING THE CONSERVATION, PRODUCTION AND ENHANCEMENT OF
NEW YORK SATE AGRICULTURAL LANDS.
  3.(A) ANY ACTIVITIES AUTHORIZED UNDER THIS SECTION AND CARRIED OUT  BY
AN  ENTITY  LICENSED  PURSUANT TO THIS SECTION SHALL NOT BE VIOLATIVE OF
SUBDIVISION ONE OF SECTION  ONE  HUNDRED  ONE,  SUBDIVISION  SIXTEEN  OF
SECTION ONE HUNDRED FIVE, OR SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED
SIX  OF  THIS  CHAPTER  PROVIDED  SUCH ENTITY HAS NO INTERESTS DIRECT OR
INDIRECT IN THE MANUFACTURE, WHOLESALE, OR RETAIL OF ALCOHOLIC BEVERAGES
OTHER THAN AT THE LICENSED PREMISES.
  (B) PROVIDED HOWEVER THAT IF THE LICENSED ENTITY HAS  AN  INTEREST  IN
THE MANUFACTURE OR WHOLESALE OR ALCOHOLIC BEVERAGES AT ANOTHER LOCATION,
SUCH  INTEREST  SHALL  BE  PERMISSIBLE  WHERE: (I) THE INTEREST IS TOTAL
OWNERSHIP, OR (II) WHERE THE INTEREST IS LESS THAN TOTAL OWNERSHIP,  AND
(A)  THE  MANUFACTURER  OR  WHOLESALER DOES NOT, DIRECTLY OR INDIRECTLY,
EXERCISE CONTROL OVER OR PARTICIPATE IN MANAGEMENT OF THE  RETAIL  BUSI-
NESS  OF  THE  LICENSED  ENTITY; (B) THE INTEREST DOES NOT RESULT IN THE
RETAIL BUSINESS OF THE LICENSED ENTITY  PURCHASING  ALCOHOLIC  BEVERAGES
FROM  THE MANUFACTURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE OR PART,
OF ALCOHOLIC BEVERAGES OFFERED  FOR  SALE  BY  OTHER  PERSONS;  (C)  THE
PRODUCTS  AND SERVICES OF THE MANUFACTURER OR WHOLESALER ARE NOT OFFERED
DISCRIMINATORILY IN THAT THEY ARE OFFERED TO ALL RETAILERS IN THE  LOCAL
MARKET  ON  THE  SAME TERMS; AND (D) THE RETAIL BUSINESS OF THE LICENSED
ENTITY PURCHASES ALCOHOLIC BEVERAGES FROM A  WHOLESALER  LICENSED  UNDER
THIS CHAPTER WITHOUT AN INTEREST IN THE RETAIL BUSINESS OF SUCH LICENSED
ENTITY  WHEN  PURCHASING  ALCOHOLIC  BEVERAGES  NOT  MANUFACTURED BY THE
LICENSEE.
  (C) PROVIDED FURTHER THAT IF THE LICENSED ENTITY HAS  AN  INTEREST  IN
RETAIL  SALE  OF  ALCOHOLIC BEVERAGES AT ANOTHER LOCATION, SUCH INTEREST
SHALL BE PERMISSIBLE WHERE: (I) THE INTEREST IS TOTAL OWNERSHIP, OR (II)
WHERE THE INTEREST IS LESS THAN TOTAL OWNERSHIP, AND  (A)  THE  RETAILER
DOES  NOT,  DIRECTLY OR INDIRECTLY, EXERCISE CONTROL OVER OR PARTICIPATE
IN MANAGEMENT OF  THE  MANUFACTURING  OR  WHOLESALING  BUSINESS  OF  THE
LICENSED ENTITY; (B) THE INTEREST DOES NOT RESULT IN THE RETAIL BUSINESS
OF  THE LICENSED ENTITY PURCHASING ALCOHOLIC BEVERAGES FROM THE MANUFAC-
TURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE OR IN PART, OF  ALCOHOLIC
BEVERAGES  OFFERED  FOR  SALE  BY OTHER PERSONS; (C) THE RETAIL BUSINESS
PURCHASES ALCOHOLIC BEVERAGES FROM  A  WHOLESALER  LICENSED  UNDER  THIS
CHAPTER WITHOUT AN INTEREST IN THE RETAIL BUSINESS WHEN PURCHASING ALCO-
HOLIC BEVERAGES NOT MANUFACTURES BY THE LICENSEE.

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

  §  4.  Subdivision 1 of section 56-a of the alcoholic beverage control
law, as amended by chapter 522 of the laws of 2018, is amended  to  read
as follows:
  1.  In addition to the annual fees provided for in this chapter, there
shall be paid to the authority  with  each  initial  application  for  a
license  filed pursuant to section thirty, thirty-one, FORTY, fifty-one,
fifty-one-a, fifty-two, fifty-three, fifty-eight, fifty-eight-c,  fifty-
eight-d,  sixty-one,  sixty-two,  seventy-six, seventy-seven or seventy-
eight of this chapter, a filing fee of four hundred dollars;  with  each
initial application for a license filed pursuant to section sixty-three,
sixty-four,  sixty-four-a  or sixty-four-b of this chapter, a filing fee
of two hundred dollars; with each  initial  application  for  a  license
filed  pursuant to section fifty-three-a, fifty-four, fifty-five, fifty-
five-a, seventy-nine, eighty-one or  eighty-one-a  of  this  chapter,  a
filing  fee  of one hundred dollars; with each initial application for a
permit filed pursuant to section ninety-one,  ninety-one-a,  ninety-two,
ninety-two-a,  ninety-three,  ninety-three-a,  if  such  permit is to be
issued on a calendar year basis, ninety-four, ninety-five, ninety-six or
ninety-six-a, or pursuant to paragraph b, c, e or j of  subdivision  one
of  section ninety-nine-b of this chapter if such permit is to be issued
on a calendar year basis, or for an additional bar pursuant to  subdivi-
sion four of section one hundred of this chapter, a filing fee of twenty
dollars;  and  with  each application for a permit under section ninety-
three-a of this chapter, other than a permit to be issued on a  calendar
year  basis, section ninety-seven, ninety-eight, ninety-nine, or ninety-
nine-b of this chapter, other than a permit to  be  issued  pursuant  to
paragraph  b,  c,  e or j of subdivision one of section ninety-nine-b of
this chapter on a calendar year basis, a filing fee of ten dollars.
  § 5. This act shall take effect October 1,  2020,  provided  that  the
amendments  to  subdivision  3  of  section 17 of the alcoholic beverage
control law made by section one of this act  shall  be  subject  to  the
expiration  and  reversion  of such subdivision pursuant to section 4 of
chapter 118 of the laws of 2012, as amended, when  upon  such  date  the
provisions of section two of this act shall take effect.

                                 PART DD

  Section  1.  Section  106  of  the  alcoholic  beverage control law is
amended by adding a new subdivision 16 to read as follows:
  16. A PERSON HOLDING A RETAIL ON-PREMISES LICENSE FOR A MOVIE  THEATRE
GRANTED PURSUANT TO SECTION SIXTY-FOUR-A OF THIS CHAPTER SHALL:
  (A) FOR EVERY PURCHASE OF AN ALCOHOLIC BEVERAGE, REQUIRE THE PURCHASER
TO  PROVIDE  WRITTEN  EVIDENCE  OF  AGE AS SET FORTH IN PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THIS CHAPTER; AND
  (B) ALLOW THE PURCHASE OF ONLY ONE ALCOHOLIC BEVERAGE PER TRANSACTION;
AND
  (C) ONLY PERMIT THE SALE OR DELIVERY OF ALCOHOLIC  BEVERAGES  DIRECTLY
TO  AN  INDIVIDUAL  HOLDING  A TICKET FOR A MOTION PICTURE WITH A MOTION
PICTURE ASSOCIATION OF AMERICA RATING OF "PG-13", "R", OR "NC-17"; AND
  (D) NOT COMMENCE THE SALE OF ALCOHOLIC BEVERAGES UNTIL ONE HOUR  PRIOR
TO THE START OF THE FIRST MOTION PICTURE AND CEASE ALL SALES OF ALCOHOL-
IC BEVERAGES AFTER THE CONCLUSION OF THE FINAL MOTION PICTURE.
  §  2.  Subdivision 6 of section 64-a of the alcoholic beverage control
law, as amended by chapter 475 of the laws of 2011, is amended  to  read
as follows:

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

  6. No special on-premises license shall be granted except for premises
in  which the principal business shall be (a) the sale of food or bever-
ages at retail for consumption on the premises or (b) the operation of a
legitimate theatre, INCLUDING A MOTION PICTURE THEATRE THAT IS A  BUILD-
ING  OR FACILITY WHICH IS REGULARLY USED AND KEPT OPEN PRIMARILY FOR THE
EXHIBITION OF MOTION PICTURES FOR AT LEAST FIVE  OUT  OF  SEVEN  DAYS  A
WEEK,  OR  ON  A  REGULAR  SEASONAL BASIS OF NO LESS THAN SIX CONTIGUOUS
WEEKS, TO THE GENERAL PUBLIC WHERE ALL AUDITORIUM SEATING IS PERMANENTLY
AFFIXED TO THE FLOOR AND AT  LEAST  SIXTY-FIVE  PERCENT  OF  THE  MOTION
PICTURE THEATRE'S ANNUAL GROSS REVENUES IS THE COMBINED RESULT OF ADMIS-
SION REVENUE FOR THE SHOWING OF MOTION PICTURES AND THE SALE OF FOOD AND
NON-ALCOHOLIC  BEVERAGES,  or  such  other lawful adult entertainment or
recreational facility as the liquor authority, giving due regard to  the
convenience  of  the public and the strict avoidance of sales prohibited
by this chapter, shall by regulation classify for eligibility.  [Nothing
contained  in this subdivision shall be deemed to authorize the issuance
of a license to a motion picture theatre, except those meeting the defi-
nition of restaurant and meals, and where all seating is at tables where
meals are served.]
  § 3. Subdivision 8 of section 64-a of the alcoholic  beverage  control
law,  as added by chapter 531 of the laws of 1964, is amended to read as
follows:
  8. Every special on-premises licensee shall regularly keep food avail-
able for sale to its customers for  consumption  on  the  premises.  The
availability  of  sandwiches, soups or other foods, whether fresh, proc-
essed, pre-cooked or  frozen,  shall  be  deemed  compliance  with  this
requirement. FOR MOTION PICTURE THEATRES LICENSED UNDER PARAGRAPH (B) OF
SUBDIVISION  SIX  OF  THIS  SECTION,  FOOD  THAT IS TYPICALLY FOUND IN A
MOTION PICTURE THEATRE, INCLUDING BUT NOT LIMITED  TO:  POPCORN,  CANDY,
AND LIGHT SNACKS, SHALL BE DEEMED TO BE IN COMPLIANCE WITH THIS REQUIRE-
MENT. The licensed premises shall comply at all times with all the regu-
lations  of  the  local  department of health. Nothing contained in this
subdivision, however, shall be construed to require  that  any  food  be
sold  or  purchased  with  any liquor, nor shall any rule, regulation or
standard be promulgated or enforced requiring that the sale of  food  be
substantial  or  that  the  receipts of the business other than from the
sale of liquor equal any set percentage of  total  receipts  from  sales
made therein.
  §  4.  Subdivision 9 of section 64-a of the alcoholic beverage control
law is renumbered subdivision 10 and a new subdivision  9  is  added  to
read as follows:
  9.  IN  THE  CASE  OF  A MOTION PICTURE THEATRE APPLYING FOR A LICENSE
UNDER THIS SECTION, ANY  MUNICIPALITY  REQUIRED  TO  BE  NOTIFIED  UNDER
SECTION  ONE  HUNDRED  TEN-B OF THIS CHAPTER MAY EXPRESS AN OPINION WITH
RESPECT TO WHETHER THE APPLICATION SHOULD BE APPROVED, AND SUCH  OPINION
MAY  BE  CONSIDERED IN DETERMINING WHETHER GOOD CAUSE EXISTS TO DENY ANY
SUCH APPLICATION.
  § 5. This act shall take effect immediately.

                                 PART EE

  Section 1. Subdivision 1 of section  101  of  the  alcoholic  beverage
control  law  is  amended  by  adding  a  new paragraph (a-1) to read as
follows:
  (A-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, IT SHALL BE LAWFUL FOR  A  MANUFACTURER  OR  WHOLESALER  TO  HOLD,

S. 7505--A                         54                         A. 9505--A

DIRECTLY  OR  INDIRECTLY,  AN INTEREST IN A PREMISES LICENSED UNDER THIS
CHAPTER WHERE ALCOHOLIC BEVERAGES ARE SOLD AT RETAIL, PROVIDED THAT:
  (I)  THE  MANUFACTURER OR WHOLESALER DOES NOT, DIRECTLY OR INDIRECTLY,
EXERCISE CONTROL OVER OR PARTICIPATE IN THE MANAGEMENT OF THE RETAILER'S
BUSINESS OR BUSINESS DECISIONS;
  (II) THE INTEREST DOES NOT RESULT IN THE RETAILER PURCHASING ALCOHOLIC
BEVERAGES FROM THE MANUFACTURER OR WHOLESALER TO THE EXCLUSION, IN WHOLE
OR IN PART, OF ALCOHOLIC BEVERAGES OFFERED FOR SALE BY OTHER PERSONS;
  (III) THE PRODUCTS AND SERVICES OF THE MANUFACTURER OR WHOLESALER  ARE
NOT  OFFERED  DISCRIMINATORILY IN THAT THEY ARE OFFERED TO ALL RETAILERS
IN THE LOCAL MARKET ON THE SAME TERMS; AND
  (IV) THE RETAILER PURCHASES  ALCOHOLIC  BEVERAGES  FROM  A  WHOLESALER
LICENSED UNDER THIS CHAPTER WITHOUT AN INTEREST IN THE RETAILER.
  §  2.  Subdivision  1 of section 101 of the alcoholic beverage control
law is amended by adding a new paragraph (a-2) to read as follows:
  (A-2) THE PROVISIONS OF PARAGRAPHS (A) AND (A-1) OF  THIS  SUBDIVISION
SHALL  NOT APPLY TO A MANUFACTURER OR WHOLESALER WITH COMPLETE OWNERSHIP
OF A PREMISES WHERE ALCOHOLIC BEVERAGES ARE SOLD AT RETAIL.
  § 3. Subdivision 1 of section 101 of the  alcoholic  beverage  control
law is amended by adding a new paragraph (c-1) to read as follows:
  (C-1)  THE  DIRECT  OR  INDIRECT  OPERATION AND MANAGEMENT OF A RETAIL
PREMISES LICENSED UNDER THIS CHAPTER BY  A  MANUFACTURER  OR  WHOLESALER
WITH COMPLETE OWNERSHIP OF THE PREMISES SHALL NOT CONSTITUTE A PROHIBIT-
ED GIFT OR SERVICE.
  §  4.  Section 105 of the alcoholic beverage control law is amended by
adding a new subdivision 16-a to read as follows:
  16-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION  SIXTEEN  OF  THIS
SECTION,  IT  SHALL  BE  LAWFUL  FOR  A RETAIL LICENSEE FOR OFF-PREMISES
CONSUMPTION TO HOLD, DIRECTLY OR INDIRECTLY, AN INTEREST IN  A  MANUFAC-
TURER OR WHOLESALER, PROVIDED THAT:
  (A) THE RETAIL LICENSEE DOES NOT EXERCISE, DIRECT OR INDIRECT, CONTROL
OVER  OR  PARTICIPATE  IN  THE  MANAGEMENT OF THE MANUFACTURER OR WHOLE-
SALER'S BUSINESS OR BUSINESS DECISIONS;
  (B) THE INTEREST DOES  NOT  RESULT  IN  THE  RETAILER  PURCHASING  THE
MANUFACTURER  OR  WHOLESALER'S  ALCOHOLIC BEVERAGES TO THE EXCLUSION, IN
WHOLE OR IN PART, OF ALCOHOLIC  BEVERAGES  OFFERED  FOR  SALE  BY  OTHER
PERSONS; AND
  (C)  THE  RETAIL  LICENSEE  PURCHASES  ITS  ALCOHOLIC BEVERAGES FROM A
WHOLESALER LICENSED UNDER THIS CHAPTER THAT THE RETAIL LICENSEE DOES NOT
HOLD AN INTEREST IN.
  § 5. Section 105 of the alcoholic beverage control law is  amended  by
adding a new subdivision 16-b to read as follows:
  16-B.  THE  PROVISIONS  OF  SUBDIVISIONS SIXTEEN AND SIXTEEN-A OF THIS
SECTION SHALL NOT APPLY TO A RETAIL LICENSEE FOR  OFF-PREMISES  CONSUMP-
TION WITH COMPLETE OWNERSHIP OF A MANUFACTURER OR WHOLESALER.
  §  6.  Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 13-a to read as follows:
  13-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THIRTEEN  OF  THIS
SECTION,  IT  SHALL  BE  LAWFUL  FOR  A  RETAIL LICENSEE FOR ON-PREMISES
CONSUMPTION TO HOLD, DIRECTLY OR INDIRECTLY, AN INTEREST IN  A  MANUFAC-
TURER OR WHOLESALER LICENSED UNDER THIS CHAPTER, PROVIDED THAT:
  (A) THE RETAIL LICENSEE DOES NOT EXERCISE, DIRECT OR INDIRECT, CONTROL
OVER  OR  PARTICIPATE  IN  THE  MANAGEMENT OF THE MANUFACTURER OR WHOLE-
SALER'S BUSINESS OR BUSINESS DECISIONS;
  (B) THE INTEREST DOES  NOT  RESULT  IN  THE  RETAILER  PURCHASING  THE
MANUFACTURER  OR  WHOLESALER'S  ALCOHOLIC BEVERAGES TO THE EXCLUSION, IN

S. 7505--A                         55                         A. 9505--A

WHOLE OR IN PART, OF ALCOHOLIC  BEVERAGES  OFFERED  FOR  SALE  BY  OTHER
PERSONS; AND
  (C)  THE  RETAIL  LICENSEE  PURCHASES  ITS  ALCOHOLIC BEVERAGES FROM A
WHOLESALER LICENSED UNDER THIS CHAPTER THAT THE RETAIL LICENSEE DOES NOT
HOLD AN INTEREST IN.
  § 7. Section 106 of the alcoholic beverage control law is  amended  by
adding a new subdivision 13-b to read as follows:
  13-B. THE PROVISIONS OF PARAGRAPH A OF SUBDIVISION THIRTEEN AND SUBDI-
VISION  THIRTEEN-A  SHALL NOT APPLY TO A RETAIL LICENSEE FOR ON-PREMISES
CONSUMPTION WITH COMPLETE OWNERSHIP OF A MANUFACTURER OR WHOLESALER.
  § 8. This act shall take effect immediately.

                                 PART FF

  Section 1. Paragraphs (a) and (b) of subdivision 5 of section  106  of
the alcoholic beverage control law, as amended by chapter 83 of the laws
of  1995,  is  amended,  and  a  new  paragraph (c) is added, to read as
follows:
  (a) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, ON
  (b) [On] EXCEPT AS PROVIDED IN PARAGRAPH (C) OF  THIS  SUBDIVISION  ON
any other day between four ante meridiem and eight ante meridiem
  (c)  ON ANY DAY BETWEEN THREE ANTE MERIDIAN AND SIX ANTE MERIDIAN, FOR
A PREMISES LOCATED WITHIN  AN INTERNATIONAL AIRPORT OWNED OR OPERATED BY
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.  THE PROVISIONS  OF  THIS
PARAGRAPH  SHALL NOT BE SUBJECT TO CHANGE PURSUANT TO SUBDIVISION ELEVEN
OF SECTION SEVENTEEN OF THIS CHAPTER.
  § 2. This act shall take effect immediately.

                                 PART GG

  Section 1. The section heading and subdivisions  1,  2,  3  and  7  of
section  87  of  the  workers' compensation law, the section heading and
subdivision 1 as amended and subdivisions 2, 3 and 7 as added by section
20 of part GG of chapter 57 of the laws of 2013, are amended to read  as
follows:
  [Investment of surplus or reserve] INVESTMENTS.  1. Any of the reserve
funds belonging to the state insurance fund, by order of the commission-
ers,  approved  by  the  superintendent  of  financial  services, may be
invested in the types of [securities] INVESTMENTS described in [subdivi-
sions one, two, three, four, five, six, eleven, twelve, twelve-a,  thir-
teen,  fourteen,  fifteen,  nineteen,  twenty, twenty-one, twenty-one-a,
twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five
of section two hundred thirty-five of the banking law or  in  paragraph]
PARAGRAPHS  ONE  THROUGH  FOUR OF SUBSECTION (B) OF SECTION ONE THOUSAND
FOUR HUNDRED TWO OF THE INSURANCE LAW AND PARAGRAPHS  ONE,  two,  THREE,
FOUR,  FIVE,  SIX,  SEVEN,  AND  ELEVEN of subsection (a) of section one
thousand four hundred four of the insurance law except that A MINIMUM OF
[up to] five percent of such reserve funds [may] SHALL  be  invested  in
the  TYPES  OF  securities  [of  any  solvent  American  institution as]
described in [such paragraph irrespective of the rating of  such  insti-
tution's  obligations  or  other similar qualitative standards described
therein] PARAGRAPHS ONE THROUGH FOUR OF SUBSECTION (B)  OF  SECTION  ONE
THOUSAND FOUR HUNDRED TWO OF THE INSURANCE LAW.
  2.  Any  [of  the surplus] funds belonging to the state insurance fund
EXCEEDING SEVENTY PERCENT  OF  THE  AGGREGATE  OF  LOSS  RESERVES,  LOSS
EXPENSE RESERVES, AND UNEARNED PREMIUM RESERVES, by order of the commis-

S. 7505--A                         56                         A. 9505--A

sioners,  approved  by  the superintendent of financial services, may be
invested in the types of [securities described in subdivisions one, two,
three, four, five, six, eleven, twelve,  twelve-a,  thirteen,  fourteen,
fifteen,  nineteen, twenty, twenty-one, twenty-one-a, twenty-four, twen-
ty-four-a, twenty-four-b, twenty-four-c and twenty-five of  section  two
hundred  thirty-five  of  the  banking  law  or,  up to fifty percent of
surplus funds, in the types of securities or] investments  described  in
[paragraphs two, three, eight and ten of] PARAGRAPHS ONE THROUGH FOUR OF
SUBSECTION (B) OF SECTION ONE THOUSAND FOUR HUNDRED TWO OF THE INSURANCE
LAW  AND subsection (a) of section one thousand four hundred four of the
insurance law, [except that up to ten percent of surplus  funds  may  be
invested  in  the  securities  of  any  solvent  American institution as
described in such paragraphs irrespective of the rating of  such  insti-
tution's  obligations  or  other similar qualitative standards described
therein,] BUT SUCH INVESTMENTS SHALL NOT BE SUBJECT TO  THE  QUALITATIVE
STANDARDS  OR  QUANTITATIVE LIMITATIONS WHICH ARE SET FORTH WITH RESPECT
TO ANY INVESTMENT PERMITTED  BY  SUCH  SUBSECTION  and,  up  to  fifteen
percent of [surplus] SUCH funds, in [securities or] investments which do
not otherwise qualify for investment under this section as shall be made
with  the  care,  prudence  and  diligence  under the circumstances then
prevailing that a prudent person acting in a like capacity and  familiar
with  such  matters  would use in the conduct of an enterprise of a like
character and with like aims as provided for the  state  insurance  fund
under  this article, but shall not include any direct derivative instru-
ment or derivative transaction except for hedging purposes.    [Notwith-
standing  any  other provision in this subdivision, the aggregate amount
that the state insurance fund may invest in the types of  securities  or
investments  described  in paragraphs three, eight and ten of subsection
(a) of section one thousand four hundred four of the insurance  law  and
as  a  prudent person acting in a like capacity would invest as provided
in this subdivision shall not  exceed  fifty  percent  of  such  surplus
funds.]
  3. Any [of the surplus or reserve] funds belonging to the state insur-
ance  fund,  upon  like  approval  of  the  superintendent  of financial
services, may be loaned on  the  pledge  of  any  such  securities.  The
commissioners,  upon  like  approval  of the superintendent of financial
services, may also sell any of such securities or investments.
  7. Notwithstanding any provision in this  section,  the  [surplus  and
reserve]  funds of the state insurance fund shall not be invested in any
investment that has  been  found  by  the  superintendent  of  financial
services  to be against public policy or in any investment prohibited by
the provisions of [paragraph six of subsection (a) of section one  thou-
sand  four  hundred  four  of the insurance law or by the provisions of]
paragraph one, two, three, four, six,  SEVEN,  eight,  nine  or  ten  of
subsection  (a) of section one thousand four hundred seven of the insur-
ance law OR IN EXCESS OF ANY  LIMITATION  PROVIDED  UNDER  SECTIONS  ONE
THOUSAND  FOUR  HUNDRED  EIGHT AND ONE THOUSAND FOUR HUNDRED NINE OF THE
INSURANCE LAW.
  § 2. This act shall take effect July 1, 2020;  provided,  however,  if
this  act  shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after July 1, 2020.

                                 PART HH

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

  Section 1. Paragraph (a) of subdivision 5 of section 54 of  the  work-
ers' compensation law, as amended by chapter 469 of the laws of 2017, is
amended to read as follows:
  (a)  Cancellation  and termination of insurance contracts. No contract
of insurance issued by an insurance carrier  against  liability  arising
under  this  chapter  shall be cancelled within the time limited in such
contract for its expiration unless notice is given as required  by  this
section. When cancellation is due to non-payment of premiums and assess-
ments,  such cancellation shall not be effective until at least ten days
after a notice of cancellation of such contract, on a date specified  in
such  notice,  shall be filed in the office of the chair and also served
on the employer. When cancellation is due to any reason other than  non-
payment  of  premiums  and  assessments,  such cancellation shall not be
effective until at least thirty days after a notice of  cancellation  of
such contract, on a date specified in such notice, shall be filed in the
office  of the chair and also served on the employer; provided, however,
in either case, that if the employer has secured insurance with  another
insurance carrier which becomes effective prior to the expiration of the
time  stated  in  such notice, the cancellation shall be effective as of
the date of such other coverage. No insurer shall refuse  to  renew  any
policy  insuring  against liability arising under this chapter unless at
least thirty days prior to its expiration notice  of  intention  not  to
renew  has  been filed in the office of the chair and also served on the
employer.
  Such notice shall be served on the employer by delivering it  to  him,
her  or  it or by sending it by mail, by certified or registered letter,
return receipt requested, addressed to the employer at his, her  or  its
last  known place of business; provided that, if the employer be a part-
nership, then such notice may be so given to any of one of the partners,
and if the employer be a corporation then the notice may be given to any
agent or officer of the corporation  upon  whom  legal  process  may  be
served;  and  further provided that an employer may designate any person
or entity at any address to receive such  notice  including  the  desig-
nation  of  one person or entity to receive notice on behalf of multiple
entities insured under one insurance policy and that service  of  notice
at  the address so designated upon the person or entity so designated by
delivery or by mail, by certified or registered letter,  return  receipt
requested,  shall  satisfy  the  notice  requirement  of  this  section.
[Provided, however, the] THE right to cancellation of a policy of insur-
ance in the state INSURANCE fund, HOWEVER, shall be exercised  only  for
non-payment  of  premiums and assessments, OR FAILURE BY THE EMPLOYER TO
COOPERATE WITH A PAYROLL AUDIT, or as provided in section ninety-four of
this chapter.  THE STATE INSURANCE FUND MAY  CANCEL  A  POLICY  FOR  THE
EMPLOYER'S  FAILURE  TO  COOPERATE  WITH A PAYROLL AUDIT IF THE EMPLOYER
FAILS (I) EITHER TO MAKE OR KEEP AN APPOINTMENT DURING REGULAR  BUSINESS
HOURS WITH A PAYROLL AUDITOR, AFTER THE STATE INSURANCE FUND HAS MADE AT
LEAST  TWO  ATTEMPTS  TO ARRANGE AN APPOINTMENT INCLUDING CONTACTING THE
EMPLOYER'S BROKER OR ACCOUNTANT, IF ANY, OR  (II)  TO  FURNISH  BUSINESS
RECORDS  IN  THE  COURSE  OF  A  PAYROLL  AUDIT  AS REQUIRED PURSUANT TO
SECTIONS NINETY-FIVE AND ONE HUNDRED  THIRTY-ONE  OF  THIS  CHAPTER.  AT
LEAST  FIFTEEN  DAYS  IN ADVANCE OF SENDING A NOTICE OF CANCELLATION FOR
FAILURE TO COOPERATE WITH A PAYROLL  AUDIT,  THE  STATE  INSURANCE  FUND
SHALL  SEND  A  WARNING  NOTICE  TO  THE  EMPLOYER IN THE SAME MANNER AS
PROVIDED IN THIS SUBDIVISION FOR SERVING A NOTICE OF CANCELLATION.  SUCH
NOTICE  SHALL  SPECIFY A MEANS OF CONTACTING THE STATE INSURANCE FUND TO
SET UP AN AUDIT APPOINTMENT. THE STATE INSURANCE FUND WILL  BE  REQUIRED

S. 7505--A                         58                         A. 9505--A

TO  PROVIDE  ONLY  ONE SUCH WARNING NOTICE TO AN EMPLOYER RELATED TO ANY
PARTICULAR PAYROLL AUDIT PRIOR TO CANCELLATION.
  The  provisions  of  this  subdivision shall not apply with respect to
policies containing coverage pursuant to subsection (j) of section three
thousand four hundred twenty of the  insurance  law  relating  to  every
policy  providing  comprehensive  personal liability insurance on a one,
two, three or four family owner-occupied dwelling.
  In the event such cancellation or termination notice is not filed with
the chair within the required time period,  the  chair  shall  impose  a
penalty  in  the  amount  of up to five hundred dollars for each ten-day
period the insurance carrier or state insurance fund failed to file  the
notification. All penalties collected pursuant to this subdivision shall
be deposited in the uninsured employers' fund.
  §  2.  Section  93  of  the  workers'  compensation law, as amended by
section 24 of part GG of chapter 57 of the laws of 2013, is  amended  to
read as follows:
  §  93.  Collection of premium in case of default. a. If a policyholder
shall default in any payment required to be made by [him]  SUCH  POLICY-
HOLDER  to  the  state  insurance fund OR SHALL FAIL TO COOPERATE WITH A
PAYROLL AUDIT AS SPECIFIED IN SUBDIVISION FIVE OF SECTION FIFTY-FOUR  OF
THIS  CHAPTER,  after due notice, [his] SUCH POLICYHOLDER'S insurance in
the state INSURANCE fund may be cancelled and the amount due from  [him]
SUCH  POLICYHOLDER  shall  be  collected by civil action brought against
[him] SUCH POLICYHOLDER in any county wherein the state  insurance  fund
maintains an office in the name of the commissioners of the state insur-
ance  fund  and  the  same, when collected, shall be paid into the state
insurance fund, and such policyholder's compliance with  the  provisions
of  this  chapter  requiring  payments to be made to the state insurance
fund shall date from the time of the payment of said money to the  state
insurance fund.
  b.  An  employer,  whose policy of insurance has been cancelled by the
state insurance fund for non-payment of premium and assessments, OR  FOR
FAILURE  TO  COOPERATE  WITH  A  PAYROLL AUDIT, or [withdraws] CANCELLED
pursuant to section  ninety-four  of  this  article,  is  ineligible  to
contract  for  a subsequent policy of insurance with the state insurance
fund [while] UNTIL THE STATE INSURANCE FUND  RECEIVES  FULL  COOPERATION
FROM  SUCH  EMPLOYER  IN  COMPLETING  ANY PAYROLL AUDIT ON THE CANCELLED
POLICY AND the billed premium on the cancelled  policy  [remains  uncol-
lected]  IS  PAID, INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE
COMPLETION OF ANY PAYROLL AUDIT.
  c. The state insurance fund shall not be required to write a policy of
insurance for any employer which is owned or controlled or the  majority
interest of which is owned or controlled, directly or indirectly, by any
person  who  directly  or  indirectly  owns  or  controls  or  owned  or
controlled at the time of cancellation an employer whose  former  policy
of insurance with the state insurance fund was cancelled for non-payment
of  premium  and assessments, OR FOR FAILURE TO COOPERATE WITH A PAYROLL
AUDIT, or [withdraws] CANCELLED pursuant to section ninety-four of  this
article,  or  who  is  or was at the time of cancellation the president,
vice-president, secretary or treasurer of such  an  employer  until  THE
STATE  INSURANCE  FUND  RECEIVES  FULL COOPERATION FROM SUCH EMPLOYER IN
COMPLETING ANY PAYROLL AUDIT AND the billed  premium  on  the  cancelled
policy  is  paid,  INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE
COMPLETION OF ANY PAYROLL AUDIT.
  For purposes of this subdivision, "person" [shall include individuals,
partnerships, corporations, and other associations] MEANS  ANY  INDIVID-

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

UAL, FIRM, COMPANY, PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY,
JOINT  VENTURE, JOINT-STOCK ASSOCIATION, ASSOCIATION, TRUST OR ANY OTHER
LEGAL ENTITY WHATSOEVER.
  §  3. Section 95 of the workers' compensation law, as amended by chap-
ter 135 of the laws of 1998, is amended to read as follows:
  § 95. Record and audit of payrolls.  (1) Every employer who is insured
in the state insurance fund shall keep a true and accurate record of the
number of [his] ITS employees,  THE  CLASSIFICATION  OF  ITS  EMPLOYEES,
INFORMATION  REGARDING  EMPLOYEE  ACCIDENTS  and the wages paid by [him]
SUCH EMPLOYER, AS WELL AS SUCH RECORDS RELATING TO ANY PERSON PERFORMING
SERVICES UNDER A SUBCONTRACT WITH SUCH EMPLOYER WHO IS NOT COVERED UNDER
THE SUBCONTRACTOR'S OWN  WORKERS'  COMPENSATION  INSURANCE  POLICY,  and
shall  furnish, upon demand, a sworn statement of the same.  Such record
AND ANY  OTHER  RECORDS  OF  AN  EMPLOYER  CONTAINING  SUCH  INFORMATION
PERTAINING  TO  ANY  POLICY  PERIOD  INCLUDING,  BUT NOT LIMITED TO, ANY
PAYROLL BOOK, PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK,  CHECK  BOOK,
BANK  ACCOUNT  STATEMENTS, COMMISSION RECORDS, LEDGERS, JOURNALS, REGIS-
TERS,  VOUCHERS,  CONTRACTS,  TAX  RETURNS  AND  REPORTS,  AND  COMPUTER
PROGRAMS  FOR  RETRIEVING  DATA, CERTIFICATES OF INSURANCE PERTAINING TO
SUBCONTRACTORS AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES  OF
THE BOARD shall be open to inspection BY THE STATE INSURANCE FUND at any
time  and as often as may be necessary to verify the number of employees
[and], the amount of the payroll, THE CLASSIFICATION  OF  EMPLOYEES  AND
INFORMATION  REGARDING  EMPLOYEE ACCIDENTS.  Any employer who shall fail
to keep [such] ANY record REQUIRED BY THIS SECTION, who shall  willfully
fail  to  furnish  such  record  or who shall willfully falsify any such
record[,] shall be guilty of a misdemeanor AND SUBJECT TO ANY  PENALTIES
OTHERWISE PROVIDED BY LAW.
  (2)  Employers  subject to [subdivision] SUBSECTION (e) of section two
thousand three hundred four of the insurance law and subdivision two  of
section  eighty-nine  of  this  article  shall  keep a true and accurate
record of hours worked for all  construction  classification  employees.
The willful failure to keep such record, or the knowing falsification of
any such record, may be prosecuted as insurance fraud in accordance with
the provisions of section 176.05 of the penal law.
  § 4. Subdivision 1 of section 131 of the workers' compensation law, as
amended by chapter 6 of the laws of 2007, is amended to read as follows:
  (1)  Every  employer  subject  to the provisions of this chapter shall
keep a true and accurate record of  the  number  of  [his  or  her]  ITS
employees,  the  classification  of ITS employees, information regarding
employee accidents and the wages paid by [him or her] SUCH EMPLOYER  for
a period of four years after each entry therein, [which] AS WELL AS SUCH
RECORDS  RELATING  TO ANY PERSON PERFORMING SERVICES UNDER A SUBCONTRACT
OF SUCH EMPLOYER THAT IS NOT COVERED UNDER THE SUBCONTRACTOR'S OWN WORK-
ERS' COMPENSATION INSURANCE  POLICY.  SUCH  records  shall  be  open  to
inspection  at  any time, and as often as may be necessary to verify the
same by investigators of the board, by the authorized auditors, account-
ants or inspectors of the carrier with whom the employer is insured,  or
by  the  authorized  auditors, accountants or inspectors of any workers'
compensation insurance  rating  board  or  bureau  operating  under  the
authority of the insurance law and of which board or bureau such carrier
is  a  member  or the group trust of which the employer is a member. Any
and all records required by law to be kept by such employer  upon  which
the  employer makes or files a return concerning wages paid to employees
AND ANY  OTHER  RECORDS  OF  AN  EMPLOYER  CONTAINING  SUCH  INFORMATION
PERTAINING  TO  ANY  POLICY  PERIOD  INCLUDING,  BUT NOT LIMITED TO, ANY

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

PAYROLL BOOK, PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK,  CHECK  BOOK,
BANK  ACCOUNT  STATEMENTS, COMMISSION RECORDS, LEDGERS, JOURNALS, REGIS-
TERS,  VOUCHERS,  CONTRACTS,  TAX  RETURNS  AND  REPORTS,  AND  COMPUTER
PROGRAMS  FOR  RETRIEVING  DATA, CERTIFICATES OF INSURANCE PERTAINING TO
SUBCONTRACTORS AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES  OF
THE  BOARD  shall form part of the records described in this section and
shall be open to inspection in the  same  manner  as  provided  in  this
section.  Any  employer  who  shall fail to keep such records, who shall
willfully fail to furnish such record as required in this section or who
shall falsify any such records, shall be guilty  of  a  misdemeanor  and
subject  to  a  fine  of  not  less than five nor more than ten thousand
dollars in addition to any other penalties otherwise  provided  by  law,
except that any such employer that has previously been subject to crimi-
nal  penalties  under  this  section within the prior ten years shall be
guilty of a class E felony, and subject to a fine of not less  than  ten
nor  more than twenty-five thousand dollars in addition to any penalties
otherwise provided by law.
  § 5. This act shall take effect July 1, 2020.

                                 PART II

  Section 1. Section 76 of the workers' compensation law is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A.  A.  THE PURPOSES OF THE STATE INSURANCE FUND ARE HEREBY ENLARGED
TO PERMIT IT TO ENTER AGREEMENTS WITH INSURERS LICENSED TO  WRITE  WORK-
ERS' COMPENSATION INSURANCE IN STATES OUTSIDE NEW YORK TO ISSUE POLICIES
TO  STATE  INSURANCE  FUND  POLICYHOLDERS  COVERING THOSE POLICYHOLDERS'
OBLIGATIONS TO SECURE THE  PAYMENT  OF  WORKERS'  COMPENSATION  BENEFITS
UNDER  THE  LAWS OF STATES OTHER THAN NEW YORK. THE STATE INSURANCE FUND
SHALL ALSO BE AUTHORIZED TO RECEIVE PREMIUMS INTO ITS  WORKERS'  COMPEN-
SATION  FUND  FOR POLICIES WRITTEN UNDER SUCH AGREEMENTS AND TO PAY FROM
SUCH FUND: (I) REIMBURSEMENT OF ALL LOSSES AND LOSS ADJUSTMENT  EXPENSES
PAID  BY A LICENSED INSURER UNDER SUCH POLICIES; AND (II) FEES TO SUCH A
LICENSED INSURER FOR ADMINISTERING CLAIMS AND POLICIES COVERED  BY  SUCH
AGREEMENTS.
  B.  FOR  A  POLICYHOLDER  TO BE ELIGIBLE FOR INSURANCE IN STATES OTHER
THAN NEW YORK PROVIDED THROUGH AGREEMENTS ENTERED  UNDER  THIS  SUBDIVI-
SION, EITHER: (I) THE POLICYHOLDER'S WORKERS' COMPENSATION PREMIUMS WITH
THE  STATE INSURANCE FUND COVERING ITS EMPLOYEES UNDER THIS CHAPTER MUST
BE GREATER THAN THE PREMIUMS CHARGED TO COVER THE  POLICYHOLDER'S  OBLI-
GATIONS  TO  PAY  WORKERS'  COMPENSATION  BENEFITS IN ALL STATES, IN THE
AGGREGATE,  OTHER  THAN  NEW  YORK;  OR  (II)  THE   PAYROLL   FOR   THE
POLICYHOLDER'S   OPERATIONS  IN  NEW  YORK  MUST  BE  GREATER  THAN  THE
POLICYHOLDER'S PAYROLL IN ALL STATES, IN THE AGGREGATE, OTHER  THAN  NEW
YORK  FOR  THE PRIOR POLICY PERIOD. FOR DETERMINING ELIGIBILITY, "PREMI-
UMS" MEAN ESTIMATED PREMIUMS AS DETERMINED BY THE STATE  INSURANCE  FUND
AT  THE  BEGINNING OF THE POLICY PERIOD. IN ADDITION, FOR A POLICYHOLDER
TO BE ELIGIBLE FOR INSURANCE IN STATES OTHER THAN NEW YORK  THROUGH  THE
STATE  INSURANCE  FUND,  THE  POLICYHOLDER MUST MEET THE STATE INSURANCE
FUND'S UNDERWRITING CRITERIA FOR OTHER STATES COVERAGE AS  SPECIFIED  BY
RULES OF THE COMMISSIONERS.
  § 2. This act shall take effect immediately.

                                 PART JJ

S. 7505--A                         61                         A. 9505--A

  Section  1.  Section  9-211 of the election law is amended by adding a
new subdivision 6 to read as follows:
  6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WITHIN FIFTEEN DAYS
AFTER  EACH  GENERAL, SPECIAL OR PRIMARY ELECTION CONDUCTED BY THE BOARD
OF ELECTIONS, THE BOARD OF ELECTIONS OR A BIPARTISAN COMMITTEE APPOINTED
BY SUCH BOARD SHALL CONDUCT A COMPLETE AUDIT  OF  THE  VOTER  VERIFIABLE
AUDIT  RECORDS OF EVERY VOTING MACHINE OR SYSTEM WITHIN THE JURISDICTION
OF SUCH BOARD IN THE FOLLOWING CIRCUMSTANCES:
  (I) IN A STATE-WIDE ELECTION WHERE A 0.2% MARGIN OF VICTORY EXISTS.
  (II) IN ANY PUBLIC ELECTION THAT IS NOT A STATE-WIDE ELECTION WHERE  A
0.5% MARGIN OF VICTORY EXISTS.
  (B) FOR THE PURPOSES OF THIS SECTION, MARGIN OF VICTORY SHALL MEAN THE
MARGIN  OF  VICTORY  FOR ALL VOTES CAST IN THE ENTIRE ELECTION FOLLOWING
THE INITIAL CANVASS OF VOTES.
  (C) AUDITS UNDER THIS SECTION SHALL BE PERFORMED MANUALLY.
  § 2. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to any
election held 120 days or more after such effective date.

                                 PART KK

  Section 1. Section 54-l of the state finance law, as added by  section
1  of  part  J  of  chapter  57 of 2011, paragraph b of subdivision 2 as
amended by section 1 of part X of chapter 55 of the  laws  of  2014  and
subdivision  5 as added by section 5 of part S of chapter 39 of the laws
of 2019, is amended to read as follows:
  § 54-l. State assistance to  eligible  cities  [and  eligible  munici-
palities]  in which a video lottery gaming facility is located. 1. Defi-
nitions.  When used in this section, unless otherwise expressly stated:
  [a.] "Eligible city" shall mean a city with a population equal  to  or
greater  than one hundred twenty-five thousand and less than one million
in which a video lottery gaming facility is located and operating as  of
January  first,  two  thousand  nine pursuant to section sixteen hundred
seventeen-a of the tax law.
  [b. "Eligible municipality" shall mean a county, city, town or village
in which a video lottery gaming facility is located pursuant to  section
sixteen hundred seventeen-a of the tax law that is not located in a city
with a population equal to or greater than one hundred twenty-five thou-
sand.]
  2.  [a.]  Within  the  amount  appropriated therefor, an eligible city
shall receive an amount equal to the state aid payment received  in  the
state  fiscal  year  commencing  April first, two thousand eight from an
appropriation for aid to municipalities with video lottery gaming facil-
ities.
  [b. Within the amounts appropriated therefor, eligible  municipalities
shall  receive  an  amount  equal  to  seventy  percent of the state aid
payment received in the state fiscal year commencing  April  first,  two
thousand  eight  from  an  appropriation  for aid to municipalities with
video lottery gaming facilities.]
  3. [a.] State aid payments made to an eligible city pursuant to [para-
graph a of] subdivision two of this section shall be  used  to  increase
support for public schools in such city.
  [b.  State  aid  payments made to an eligible municipality pursuant to
paragraph b of subdivision two of this section shall  be  used  by  such
eligible municipality to: (i) defray local costs associated with a video

S. 7505--A                         62                         A. 9505--A

lottery  gaming  facility,  or  (ii)  minimize  or  reduce real property
taxes.]
  4.  Payments of state aid pursuant to this section shall be made on or
before June thirtieth of each state fiscal  year  to  the  chief  fiscal
officer  of each eligible city [and each eligible municipality] on audit
and warrant of the state comptroller out of moneys appropriated  by  the
legislature  for such purpose to the credit of the local assistance fund
in the general fund of the state treasury.
  [5. The town and county in which the  facility  defined  in  paragraph
five  of subdivision a of section sixteen hundred seventeen-a of the tax
law is located shall receive assistance payments made pursuant  to  this
section  at the same dollar level realized by the village of Monticello,
Sullivan county, the town of Thompson,  Sullivan  county,  and  Sullivan
county.  Each village in which the facility defined in paragraph five of
subdivision a of section sixteen hundred seventeen-a of the tax  law  is
located  shall receive assistance payments made pursuant to this section
at the rate of fifty percent of the dollar level realized by the village
of Monticello. Any payments made pursuant to this subdivision shall  not
commence  until  the facility defined in paragraph five of subdivision a
of section sixteen hundred seventeen-a  of  the  tax  law  has  realized
revenue for a period of twelve consecutive months.]
  § 2. This act shall take effect immediately.

                                 PART LL

  Section  1.  Subdivision  8 of section 239-bb of the general municipal
law, as added by section 1 of part EE of chapter 55 of the laws of 2018,
is amended to read as follows:
  8. For each county, new shared services actions [not included]  in  [a
previously]  AN  approved and submitted plan pursuant to this section or
part BBB of chapter fifty-nine of the laws of  two  thousand  seventeen,
may  be  eligible for funding to match savings from such action, subject
to available appropriation. Savings that are actually  and  demonstrably
realized  by the participating local governments are eligible for match-
ing funding. For actions that are part of an approved  plan  transmitted
to  the secretary of state in accordance with paragraph b of subdivision
seven of this section, savings achieved [from] DURING EITHER: (I)  Janu-
ary  first through December thirty-first from new actions implemented on
or after January first through December thirty-first of the  year  imme-
diately following an approved [and transmitted] plan, OR (II) JULY FIRST
OF  THE YEAR IMMEDIATELY FOLLOWING AN APPROVED PLAN THROUGH JUNE THIRTI-
ETH OF THE SUBSEQUENT YEAR FROM NEW ACTIONS IMPLEMENTED  JULY  FIRST  OF
THE  YEAR  IMMEDIATELY FOLLOWING AN APPROVED PLAN THROUGH JUNE THIRTIETH
OF THE SUBSEQUENT YEAR may be eligible for matching  funding.  Only  net
savings  between local governments for each action would be eligible for
matching funding. Savings from internal efficiencies or any other action
taken by a local government without the participation of  another  local
government are not eligible for matching funding. Each county and all of
the  local  governments within the county that are part of any action to
be implemented as part of an approved plan must collectively  apply  for
the matching funding and agree on the distribution and use of any match-
ing funding in order to qualify for matching funding.  EACH COUNTY SHALL
BE  AUTHORIZED TO SUBMIT ONE CONSOLIDATED APPLICATION FOR MATCHING FUNDS
FOR EACH APPROVED AND TRANSMITTED PLAN. ALL  ACTIONS  FROM  A  PLAN  FOR
WHICH  MATCHING FUNDS WILL BE REQUESTED SHALL ADHERE TO THE SAME TWELVE-
MONTH PERIOD BEGINNING EITHER JANUARY FIRST OR JULY FIRST. THE SECRETARY

S. 7505--A                         63                         A. 9505--A

OF STATE SHALL DEVELOP THE APPLICATION WITH ANY  NECESSARY  REQUIREMENTS
FOR RECEIPT OF STATE MATCHING FUNDS.
  § 2. This act shall take effect immediately.

                                 PART MM

  Section  1.  Subdivision 1 of section 160.05 of the local finance law,
as added by chapter 67 of the laws  of  2013,  is  amended  to  read  as
follows:
  1.  There  shall  be a financial restructuring board for local govern-
ments which shall consist of ten members: the director of the budget who
shall be chair of the board,  the  attorney  general,  the  state  comp-
troller, and the secretary of state, each of whom may designate a repre-
sentative  to attend sessions of the board on his or her behalf, and six
members appointed by the governor, one of whom upon  the  recommendation
of the temporary president of the senate, one of whom upon the recommen-
dation  of the speaker of the assembly, and four other members appointed
by the governor, one of whom shall have significant experience in munic-
ipal financial and restructuring matters. In making  such  appointments,
the  governor  shall consider regional diversity. Appointees shall serve
at the pleasure of his or her appointing authority. The appointee of the
governor who has been designated as  having  significant  experience  in
municipal financial and restructuring matters shall receive fair compen-
sation  for his or her services performed pursuant to this section in an
amount to be determined by the director of the budget  and  all  members
shall be reimbursed for all reasonable expenses actually and necessarily
incurred  by  him  or  her  in the performance of his or her duties. The
board shall have the power to act by an affirmative vote of  a  majority
of  the  total number of members PRESENT AT THE MEETING and shall render
its findings and recommendations within six months of being requested to
act by a fiscally  eligible  municipality.  The  provisions  of  section
seventeen  of  the  public  officers  law  shall apply to members of the
board. No member of the board shall be held liable for  the  performance
of  any  function  or  duty  authorized by this section. The work of the
board shall be conducted with such staff as the director of the  budget,
the  secretary  of state, the attorney general and the state comptroller
shall make available. All proceedings, meetings and  hearings  conducted
by the board shall be held in the city of Albany.
  § 2. This act shall take effect immediately.

                                 PART NN

  Section  1.  Paragraph 3 of subdivision (c) of section 1261 of the tax
law, as amended by section 9 of part SS-1 of chapter 57 of the  laws  of
2008, is amended to read as follows:
  (3) However, the taxes, penalties and interest which (i) the county of
Nassau,  (ii)  the  county  of Erie, to the extent the county of Erie is
contractually or statutorily obligated to allocate and apply or pay  net
collections  to  the  city of Buffalo and to the extent that such county
has set aside net collections for educational purposes  attributable  to
the  Buffalo school district, or the city of Buffalo or (iii) the county
of Erie is authorized to impose pursuant to section twelve  hundred  ten
of this article, other than such taxes in the amounts described, respec-
tively,  in subdivisions one and two of section one thousand two hundred
sixty-two-e of this part, during the period that such section authorizes
Nassau county to establish special or local assistance  programs  there-

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

under,  together  with  any  penalties and interest related thereto, and
after the comptroller has reserved such  refund  fund  and  such  costs,
shall,  commencing  on the next payment date after the effective date of
this  sentence  and of each month thereafter, until such date as (i) the
Nassau county  interim  finance  authority  shall  have  no  obligations
outstanding,  or (ii) the Buffalo fiscal stability authority shall cease
to exist, or (iii) the Erie  county  fiscal  stability  authority  shall
cease  to  exist,  be  paid by the comptroller, respectively, to (i) the
Nassau county interim finance authority to  be  applied  by  the  Nassau
county interim finance authority, or (ii) to the Buffalo fiscal stabili-
ty authority to be applied by the Buffalo fiscal stability authority, or
(iii) to the Erie county fiscal stability authority to be applied by the
Erie  county  fiscal  stability  authority,  as  the case may be, in the
following order of priority: first pursuant to the Nassau county interim
finance authority's contracts with bondholders  or  the  Buffalo  fiscal
stability  authority's  contracts  with  bondholders  or the Erie county
fiscal stability authority's contracts with  bondholders,  respectively,
then  to  pay  the  Nassau  county interim finance authority's operating
expenses not otherwise provided for  or  the  Buffalo  fiscal  stability
authority's  operating  expenses  not otherwise provided for or the Erie
county fiscal stability authority's  operating  expenses  not  otherwise
provided  for,  respectively,  THEN  (I)  FOR  THE NASSAU COUNTY INTERIM
FINANCE AUTHORITY TO PAY TO THE STATE AS  SOON  AS  PRACTICABLE  IN  THE
MONTHS  OF  MAY  AND DECEMBER EACH YEAR, THE AMOUNT NECESSARY TO FULFILL
THE TOWN AND VILLAGE DISTRIBUTION REQUIREMENT ON BEHALF OF NASSAU COUNTY
PURSUANT TO PARAGRAPH FIVE-A  OF  THIS  SUBDIVISION,  OR  (II)  FOR  THE
BUFFALO  FISCAL STABILITY AUTHORITY TO PAY TO THE STATE AS SOON AS PRAC-
TICABLE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR, THE  PERCENTAGE  OF
THE  AMOUNT  NECESSARY  TO  FULFILL  THE  TOWN  AND VILLAGE DISTRIBUTION
REQUIREMENT ON BEHALF OF ERIE COUNTY PURSUANT  TO  PARAGRAPH  FIVE-A  OF
THIS  SUBDIVISION  THAT  EQUATES  TO  THE  PERCENTAGE  OF THE COUNTY NET
COLLECTIONS THAT THE  CITY  OF  BUFFALO  AND  THE  BUFFALO  CITY  SCHOOL
DISTRICT, TOGETHER, ARE DUE IN THE MONTHS OF MAY AND DECEMBER EACH YEAR,
OR  (III)  FOR  THE ERIE COUNTY FISCAL STABILITY AUTHORITY TO PAY TO THE
STATE AS SOON AS PRACTICABLE IN THE MONTHS  OF  MAY  AND  DECEMBER  EACH
YEAR,  THE AMOUNT NECESSARY TO FULFILL THE TOWN AND VILLAGE DISTRIBUTION
REQUIREMENT ON BEHALF OF ERIE COUNTY PURSUANT  TO  PARAGRAPH  FIVE-A  OF
THIS SUBDIVISION, LESS THE AMOUNT BEING PAID TO THE STATE BY THE BUFFALO
FISCAL STABILITY AUTHORITY IN EACH RESPECTIVE MONTH, and then (i) pursu-
ant to the Nassau county interim finance authority's agreements with the
county  of  Nassau,  which  agreements  shall  require the Nassau county
interim finance authority to transfer such taxes, penalties and interest
remaining after providing for contractual or other  obligations  of  the
Nassau  county  interim  finance authority, and subject to any agreement
between such authority and the county of Nassau, to the county of Nassau
as frequently as practicable; or (ii) pursuant  to  the  Buffalo  fiscal
stability  authority's agreements with the city of Buffalo, which agree-
ments shall require the Buffalo fiscal stability authority  to  transfer
such  taxes,  penalties  and  interest  remaining  after  providing  for
contractual or other obligations of the Buffalo fiscal stability author-
ity, and subject to any agreement between such authority and the city of
Buffalo, to the city of Buffalo or the city of Buffalo school  district,
as  the  case may be, as frequently as practicable; or (iii) pursuant to
the Erie county fiscal stability authority's agreements with the  county
of Erie, which agreements shall require the Erie county fiscal stability
authority to transfer such taxes, penalties and interest remaining after

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

providing for contractual or other obligations of the Erie county fiscal
stability authority, and subject to any agreement between such authority
and the county of Erie, to the county of Erie as frequently as practica-
ble. During the period that the comptroller is required to make payments
to the Nassau county interim finance authority described in the previous
sentence, the county of Nassau shall have no right, title or interest in
or  to  such  taxes,  penalties  and interest required to be paid to the
Nassau county interim finance authority,  except  as  provided  in  such
authority's agreements with the county of Nassau. During the period that
the  comptroller  is  required  to  make  payments to the Buffalo fiscal
stability authority described in the second previous sentence, the  city
of Buffalo and such school district shall have no right, title or inter-
est  in  or to such taxes, penalties and interest required to be paid to
the Buffalo fiscal stability  authority,  except  as  provided  in  such
authority's  agreements with the city of Buffalo. During the period that
the comptroller is required to make payments to the Erie  county  fiscal
stability authority described in the third previous sentence, the county
of  Erie  shall  have  no  right, title or interest in or to such taxes,
penalties and interest required to be paid to  the  Erie  county  fiscal
stability  authority,  except as provided in such authority's agreements
with the county of Erie.
  § 2. Paragraph 5-a of subdivision (c) of section 1261 of the tax  law,
as  added by section 3 of part PPP of chapter 59 of the laws of 2019, is
amended to read as follows:
  (5-a) However, after the comptroller has  made  the  payments  TO  THE
NASSAU  COUNTY  INTERIM  FINANCE AUTHORITY, THE BUFFALO FISCAL STABILITY
AUTHORITY, AND THE ERIE COUNTY FISCAL STABILITY  AUTHORITY  required  by
[paragraphs  two,]  PARAGRAPH  three [and five] of this subdivision, for
each municipality that received a base level grant in state fiscal  year
two thousand eighteen-two thousand nineteen but not in state fiscal year
two  thousand  nineteen-two thousand twenty under the aid and incentives
for municipalities  program  pursuant  to  subdivision  ten  of  section
fifty-four  of  the  state  finance  law, the comptroller shall annually
withhold FROM EACH COUNTY EXCEPT NASSAU  AND  ERIE  from  the  remaining
taxes,  penalties and interest imposed by the county in which a majority
of the population of such municipality resides, AND ON BEHALF OF  NASSAU
AND ERIE COUNTIES THE COMPTROLLER SHALL ANNUALLY RECEIVE FROM THE NASSAU
COUNTY  INTERIM FINANCE AUTHORITY, THE BUFFALO FISCAL STABILITY AUTHORI-
TY, AND THE ERIE COUNTY FISCAL STABILITY AUTHORITY, an amount  equal  to
the  base level grant received by such municipality in state fiscal year
two thousand eighteen-two thousand nineteen and shall annually  distrib-
ute, by December fifteenth, two thousand nineteen and by such date annu-
ally  thereafter, such amount directly to such municipality, unless such
municipality has a fiscal year ending May thirty-first, then such annual
distribution shall be made by May fifteenth, two thousand twenty and  by
such  date annually thereafter. No county shall have any right, title or
interest in or to the taxes, penalties and interest required to be with-
held [and] OR distributed pursuant to this paragraph.
  § 3. Subdivision 5 of section 3657 of the public authorities  law,  as
added by chapter 84 of the laws of 2000, is amended to read as follows:
  5.  Tax  revenues received by the authority pursuant to section twelve
hundred sixty-one of the tax  law,  together  with  any  other  revenues
received  by  the  authority, shall be applied in the following order of
priority: first pursuant to the authority's contracts with  bondholders,
then  to  pay  the authority's operating expenses not otherwise provided
for, THEN TO PAY TO THE STATE PURSUANT TO PARAGRAPH THREE OF SUBDIVISION

S. 7505--A                         66                         A. 9505--A

(C) OF SECTION TWELVE HUNDRED  SIXTY-ONE  OF  THE  TAX  LAW,  and  then,
subject  to  the authority's agreements with the county, to transfer the
balance of such tax revenues not required to meet contractual  or  other
obligations of the authority to the county as frequently as practicable.
  §  4.  Subdivision 5 of section 3865 of the public authorities law, as
amended by chapter 86 of the  laws  of  2004,  is  amended  to  read  as
follows:
  5.  Revenues  of the authority shall be applied in the following order
of priority: first to pay debt service or for set  asides  to  pay  debt
service  on  the  authority's  bonds, notes, or other obligations and to
replenish any reserve funds securing such bonds, notes  or  other  obli-
gations of the authority, in accordance with the provision of any inden-
ture  or  bond  resolution of the authority; then to pay the authority's
operating expenses not otherwise provided for; THEN TO PAY TO THE  STATE
PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED
SIXTY-ONE OF THE TAX LAW; and then, subject to the authority's agreement
with  the  city,  for itself or on behalf of the city's dependent school
district and any other covered organization, to transfer  as  frequently
as  practicable the balance of revenues not required to meet contractual
or other obligations of the authority to the city or the city's  depend-
ent school district as provided in subdivision seven of this section.
  §  5.  Subdivision 5 of section 3965 of the public authorities law, as
added by chapter 182 of the laws of 2005, is amended to read as follows:
  5. Revenues of the authority shall be applied in the  following  order
of  priority:  first  to  pay debt service or for set asides to pay debt
service on the authority's bonds, notes, or  other  obligations  and  to
replenish  any  reserve  funds securing such bonds, notes or other obli-
gations of the authority in accordance with the provision  of  indenture
or bond resolution of the authority; then to pay the authority's operat-
ing expenses not otherwise provided for; THEN TO PAY TO THE STATE PURSU-
ANT  TO  PARAGRAPH  THREE  OF  SUBDIVISION (C) OF SECTION TWELVE HUNDRED
SIXTY-ONE OF THE TAX LAW; and then, subject to  the  authority's  agree-
ments  with  the county for itself or on behalf of any covered organiza-
tion to transfer as frequently as practicable the  balance  of  revenues
not  required  to meet contractual or other obligations of the authority
to the county as provided in subdivision seven of this section.
  § 6. This act shall take effect immediately.

                                 PART OO

  Section 1. Section 217 of  the  county  law  is  amended  to  read  as
follows:
  §  217.  County  jail. Each county shall continue to maintain a county
jail as prescribed by law; PROVIDED, HOWEVER,  THIS  SECTION  SHALL  NOT
PROHIBIT  COUNTIES  FROM JOINTLY MAINTAINING A COUNTY JAIL PURSUANT TO A
SHARED SERVICES AGREEMENT.
  § 2. Subdivision 1 of section 500-a of the correction law  is  amended
by adding a new paragraph (h) to read as follows:
  (H)  NOTWITHSTANDING  ANY  OTHER  LAW TO THE CONTRARY, NOTHING IN THIS
SUBDIVISION SHALL PROHIBIT COUNTIES FROM JOINTLY  MAINTAINING  A  COUNTY
JAIL PURSUANT TO A SHARED SERVICES AGREEMENT.
  § 3. Subdivision 1 of section 500-c of the correction law, as added by
chapter 907 of the laws of 1984, is amended to read as follows:
  1.  Except as provided in subdivision two of this section, the sheriff
of each county shall have custody of the county  jail  of  such  county;
PROVIDED  HOWEVER,  THAT  FOR COUNTIES JOINTLY MAINTAINING A COUNTY JAIL

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

PURSUANT TO A SHARED SERVICES AGREEMENT, THE SHERIFF OF  THE  COUNTY  IN
WHICH  SUCH JAIL IS LOCATED SHALL CONSULT WITH THE SHERIFF OF ANY COUNTY
USING THE JAIL PURSUANT TO A SHARED SERVICES AGREEMENT.
  §  4.  Section 500 of the correction law, as amended by chapter 131 of
the laws of 2014, is amended to read as follows:
  § 500. Application of article. The provisions of  this  article  shall
apply to any all local correctional facilities as defined by subdivision
sixteen  of  section  two  of this chapter AND SHALL APPLY TO ANY COUNTY
JAIL MAINTAINED BY MORE THAN ONE COUNTY PURSUANT TO  A  SHARED  SERVICES
AGREEMENT.
  §  5. Subdivision 2 of section 40 of the correction law, as amended by
chapter 247 of the laws of 2018, is amended to read as follows:
  2. "Local correctional facility" means any jail, penitentiary,  state,
county or municipal lockup, court detention pen, hospital prison ward or
specialized  secure juvenile detention facility for older youth, OR JAIL
JOINTLY MAINTAINED BY MORE THAN ONE COUNTY PURSUANT TO A SHARED SERVICES
AGREEMENT.
  § 6. Subdivision 1 of section 751 of the judiciary law, as amended  by
chapter 399 of the laws of 1988, is amended to read as follows:
  1. Except as provided in subdivisions (2), (3) and (4), punishment for
a  contempt,  specified  in section seven hundred fifty, may be by fine,
not exceeding one thousand dollars, or by  imprisonment,  not  exceeding
thirty  days,  in  the jail of the county where the court is sitting, or
both, in the discretion of the court. IF THE COUNTY JAIL  IN  WHICH  THE
COURT  IS  SITTING HAS ENTERED INTO A SHARED SERVICES AGREEMENT TO MAIN-
TAIN A JOINT COUNTY JAIL, THE PERSON MAY BE  IMPRISONED  IN  A  JAIL  IN
ANOTHER  COUNTY  THAT IS A PARTY TO THAT AGREEMENT. Where the punishment
for contempt is based on a violation of an order  of  protection  issued
under  section 530.12 or 530.13 of the criminal procedure law, imprison-
ment may be for a term not exceeding three months.  Where  a  person  is
committed  to  jail,  for  the  nonpayment of a fine, imposed under this
section, he must be discharged at the expiration  of  thirty  days;  but
where  he is also committed for a definite time, the thirty days must be
computed from the expiration of the definite time.
  Such a contempt, committed in the immediate view and presence  of  the
court,  may  be  punished  summarily;  when  not so committed, the party
charged must be notified of the accusation, and have a  reasonable  time
to make a defense.
  §  7.  Paragraph  (a) of subdivision 16 of section 2 of the correction
law, as amended by section 4 of chapter 681  of  the  laws  of  1990  is
amended to read as follows:
  16.  (a) "Local correctional facility". Any place operated by a county
or the city of New York as a place for the confinement of  persons  duly
committed  to secure their attendance as witnesses in any criminal case,
charged with crime and committed for trial or examination, awaiting  the
availability  of  a court, duly committed for any contempt or upon civil
process, convicted of any offense and sentenced to imprisonment  therein
or  awaiting  transportation under sentence to imprisonment in a correc-
tional facility, OR JAIL JOINTLY MAINTAINED  BY  MORE  THAN  ONE  COUNTY
PURSUANT TO A SHARED SERVICES AGREEMENT, or pursuant to any other appli-
cable provisions of law.
  §  8  [7].   This act shall take effect immediately; provided that the
amendments to subdivision 1 of section 500-c of the correction law  made
by section three of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.

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

                                 PART PP

  Section 1. Subparagraph 9 of paragraph d of subdivision 5 of part B of
section  236 of the domestic relations law, as amended by chapter 281 of
the laws of 1980 and as renumbered by chapter 229 of the laws  of  2009,
is amended to read as follows:
  (9)  the probable future financial circumstances of each party INCLUD-
ING ACTS OF DOMESTIC  VIOLENCE  AS  PROVIDED  IN  SECTION  FOUR  HUNDRED
FIFTY-NINE-A  OF  THE  SOCIAL  SERVICES LAW BY ONE PARTY AGAINST ANOTHER
THAT HAVE INHIBITED OR CONTINUE TO INHIBIT A PARTY'S EARNING CAPACITY OR
ABILITY TO OBTAIN MEANINGFUL EMPLOYMENT;
  § 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

                                 PART QQ

  Section  1.  The  public  authorities  law  is amended by adding a new
section 3 to read as follows:
  § 3. PAY EQUITY.  1. IN ORDER TO ATTRACT UNUSUAL MERIT AND ABILITY  TO
THE SERVICE OF PUBLIC AUTHORITIES IN THE STATE OF NEW YORK, TO STIMULATE
HIGHER  EFFICIENCY AMONG THE PERSONNEL, TO PROVIDE SKILLED LEADERSHIP IN
ADMINISTRATION, TO REWARD MERIT AND TO  INSURE  THE  HIGHEST  RETURN  IN
SERVICES  FOR  THE  NECESSARY  COSTS  OF  ADMINISTRATION,  IT  IS HEREBY
DECLARED THAT PUBLIC AUTHORITIES  SHALL,  CONSISTENT  WITH  THE  FEDERAL
EQUAL  PAY  ACT  OF 1963 (29 U.S.C. § 206), THE FEDERAL CIVIL RIGHTS ACT
(42 U.S.C. § 2000E-2), ARTICLE FIFTEEN OF THE EXECUTIVE LAW, AND SECTION
FORTY-C OF THE CIVIL RIGHTS LAW, ENSURE A FAIR, NON-BIASED  COMPENSATION
STRUCTURE FOR ALL EMPLOYEES IN WHICH STATUS WITHIN ONE OR MORE PROTECTED
CLASS  OR  CLASSES  IS  NOT  CONSIDERED EITHER DIRECTLY OR INDIRECTLY IN
DETERMINING THE PROPER COMPENSATION FOR A TITLE OR  IN  DETERMINING  THE
PAY  FOR  ANY  INDIVIDUAL OR GROUP OF EMPLOYEES, ENSURE THAT NO EMPLOYEE
WITH STATUS WITHIN ONE OR MORE PROTECTED CLASS OR CLASSES SHALL BE  PAID
A  WAGE AT A RATE LESS THAN THE RATE AT WHICH AN EMPLOYEE WITHOUT STATUS
WITHIN THE SAME PROTECTED CLASS OR CLASSES IN THE SAME ESTABLISHMENT  IS
PAID  FOR SIMILAR WORK OR SUBSTANTIALLY SIMILAR WORK AND PROVIDE REGULAR
INCREASES IN PAY IN PROPER PROPORTION TO INCREASE OF  ABILITY,  INCREASE
OF OUTPUT AND INCREASE OF QUALITY OF WORK DEMONSTRATED IN SERVICE.
  2. FOR THE PURPOSE OF THIS SECTION:
  (A)  THE  TERM  "PROTECTED  CLASS"  INCLUDES  AGE, RACE, CREED, COLOR,
NATIONAL ORIGIN, SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR  EXPRESSION,
MILITARY  STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS,
FAMILIAL STATUS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, AND
ANY EMPLOYEE PROTECTED FROM DISCRIMINATION PURSUANT TO  PARAGRAPHS  (A),
(B), AND (C) OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINETY-SIX OF THE
EXECUTIVE  LAW, AND ANY INTERN PROTECTED FROM DISCRIMINATION PURSUANT TO
SECTION TWO HUNDRED NINETY-SIX-C OF THE EXECUTIVE LAW.
  (B) THE TERM "COMPENSATION" SHALL INCLUDE BUT NOT BE LIMITED TO:   ALL
EARNINGS  OF  AN  EMPLOYEE FOR LABOR OR SERVICES RENDERED, REGARDLESS OF
WHETHER THE AMOUNT OF EARNINGS IS PAID  ON  AN  ANNUAL  SALARY,  HOURLY,
BIWEEKLY  OR PER DIEM BASIS; REIMBURSEMENT FOR EXPENSES; HEALTH, WELFARE
AND RETIREMENT BENEFITS; AND VACATION PAY, SICK PAY, SEPARATION OR HOLI-
DAY PAY, OR ANY OTHER FORM OF REMUNERATION.
  (C) EMPLOYEES SHALL BE DEEMED TO WORK IN THE SAME ESTABLISHMENT IF THE
EMPLOYEES WORK FOR THE SAME EMPLOYER AT WORKPLACES LOCATED IN  THE  SAME
GEOGRAPHICAL  REGION, NO LARGER THAN A COUNTY, TAKING INTO ACCOUNT POPU-

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

LATION DISTRIBUTION, ECONOMIC ACTIVITY, AND/OR THE PRESENCE  OF  MUNICI-
PALITIES.
  (D)  THE TERM "PUBLIC AUTHORITIES" SHALL MEAN ANY AUTHORITY AS DEFINED
IN SECTION TWO OF THIS TITLE.
  3. (A) IT SHALL NOT BE A VIOLATION OF THIS SECTION FOR AN EMPLOYER  TO
PAY  DIFFERENT  COMPENSATION  TO EMPLOYEES, WHERE SUCH PAYMENTS ARE MADE
PURSUANT TO:
  (1) A BONA FIDE SENIORITY OR MERIT SYSTEM;
  (2) A BONA FIDE SYSTEM THAT MEASURES EARNINGS BY QUANTITY  OR  QUALITY
OF PRODUCTION;
  (3) A BONA FIDE SYSTEM BASED ON GEOGRAPHIC DIFFERENTIALS;
  (4)  ANY  OTHER  BONA FIDE FACTOR OTHER THAN STATUS WITHIN ONE OR MORE
PROTECTED CLASS OR CLASSES, SUCH AS EDUCATION, TRAINING, OR  EXPERIENCE.
SUCH  FACTOR: (A) SHALL NOT BE BASED UPON OR DERIVED FROM A DIFFERENTIAL
IN COMPENSATION BASED ON STATUS WITHIN ONE OR MORE  PROTECTED  CLASS  OR
CLASSES;  AND  (B)  SHALL BE JOB-RELATED WITH RESPECT TO THE POSITION IN
QUESTION AND SHALL BE CONSISTENT WITH BUSINESS NECESSITY. SUCH EXCEPTION
UNDER THIS PARAGRAPH SHALL NOT APPLY WHEN THE EMPLOYEE DEMONSTRATES  (I)
THAT  AN  EMPLOYER  USES  A PARTICULAR EMPLOYMENT PRACTICE THAT CAUSES A
DISPARATE IMPACT ON THE BASIS OF STATUS WITHIN  ONE  OR  MORE  PROTECTED
CLASS  OR  CLASSES,  (II) THAT AN ALTERNATIVE EMPLOYMENT PRACTICE EXISTS
THAT WOULD SERVE THE SAME PURPOSE AND NOT PRODUCE SUCH DIFFERENTIAL, AND
(III) THAT THE EMPLOYER HAS REFUSED TO ADOPT SUCH ALTERNATIVE  PRACTICE;
OR
  (5) A COLLECTIVE BARGAINING AGREEMENT.
  (B)  FOR  THE  PURPOSE OF PARAGRAPH (A) OF THIS SUBDIVISION, "BUSINESS
NECESSITY" SHALL BE DEFINED AS A FACTOR THAT BEARS A MANIFEST  RELATION-
SHIP TO THE EMPLOYMENT IN QUESTION.
  (C)  NOTHING  SET  FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE  TO  EMPLOYEES
THROUGH  COLLECTIVE  BARGAINING  AGREEMENTS,  OR  OTHERWISE DIMINISH THE
INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  § 2. This act shall take effect immediately.

                                 PART RR

  Section 1. The opening paragraph of subdivision 1 of  section  812  of
the  family court act, as amended by chapter 109 of the laws of 2019, is
amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, unlawful dissemination or publication of an intimate
image, harassment in the first degree, harassment in the second  degree,
aggravated  harassment in the second degree, sexual misconduct, forcible
touching, sexual abuse in the third degree, sexual abuse in  the  second
degree  as  set  forth in subdivision one of section 130.60 of the penal
law, stalking in the first degree, stalking in the second degree, stalk-
ing in the  third  degree,  stalking  in  the  fourth  degree,  criminal
mischief,  menacing  in the second degree, menacing in the third degree,
reckless endangerment, criminal obstruction of breathing or blood circu-
lation, strangulation in the second degree, strangulation in  the  first
degree,  assault  in  the second degree, assault in the third degree, an
attempted assault, identity theft in the first degree, identity theft in
the second degree, identity theft in the third degree, grand larceny  in
the  fourth  degree,  grand larceny in the third degree, coercion in the
second degree or coercion in the third degree as set forth  in  subdivi-

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

sions  one,  two  and  three  of section 135.60 of the penal law between
spouses or former spouses,  or  between  parent  and  child  or  between
members  of  the  same family or household except that if the respondent
would not be criminally responsible by reason of age pursuant to section
30.00  of  the  penal  law,  then  the family court shall have exclusive
jurisdiction  over  such  proceeding.  Notwithstanding  a  complainant's
election  to  proceed  in  family court, the criminal court shall not be
divested of jurisdiction to hear a family offense proceeding pursuant to
this section.  THE FAMILY COURT MAY ALSO ISSUE AN  ORDER  OF  PROTECTION
BASED  ON  ANY  CIRCUMSTANCES THAT THE COURT DETERMINES REQUIRE AN ORDER
FOR THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
SECTION. In any proceeding pursuant to this article, a court  shall  not
deny  an order of protection, or dismiss a petition, solely on the basis
that the acts or events alleged are not relatively contemporaneous  with
the  date  of  the  petition,  the conclusion of the fact-finding or the
conclusion of the dispositional hearing. For purposes of  this  article,
"disorderly  conduct" includes disorderly conduct not in a public place.
For purposes of this article, "members of the same family or  household"
shall mean the following:
  § 2. Paragraph (a) of subdivision 1 of section 821 of the family court
act,  as  amended  by  section 6 of part NN of chapter 55 of the laws of
2018, is amended to read as follows:
  (a) An allegation that: (I) the respondent assaulted or  attempted  to
assault  his  or  her  spouse,  or former spouse, parent, child or other
member of the same family or household or engaged in disorderly conduct,
harassment, sexual misconduct, forcible touching, sexual  abuse  in  the
third degree, sexual abuse in the second degree as set forth in subdivi-
sion  one  of  section  130.60  of  the  penal  law,  stalking, criminal
mischief,  menacing,  reckless  endangerment,  criminal  obstruction  of
breathing  or  blood  circulation,  strangulation, identity theft in the
first degree, identity theft in the second degree, identity theft in the
third degree, grand larceny in the fourth degree, grand larceny  in  the
third  degree,  coercion  in  the second degree or coercion in the third
degree as set forth in subdivisions one, two and three of section 135.60
of the penal law, toward any such person; OR (II) THE RESPONDENT IS  THE
SPOUSE,  OR  FORMER  SPOUSE,  PARENT,  CHILD OR OTHER MEMBER OF THE SAME
FAMILY OR HOUSEHOLD AS  THE  PETITIONER  AND  CIRCUMSTANCES  EXIST  THAT
REQUIRE AN ORDER OF PROTECTION FOR THE PURPOSES ESTABLISHED IN PARAGRAPH
(B) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED TWELVE OF THIS ARTICLE;
  §  3. Subdivision 3-a of section 530.12 of the criminal procedure law,
as added by chapter 186 of the laws of  1997,  is  amended  to  read  as
follows:
  3-a.  Emergency  powers  when family court not in session; issuance of
temporary orders of protection. Upon the request of  the  petitioner,  a
local criminal court may on an ex parte basis issue a temporary order of
protection  pending  a  hearing  in  family court, provided that a sworn
affidavit, verified in accordance with subdivision one of section 100.30
of this chapter, is submitted: (i) alleging that the family court is not
in session; (ii) alleging that: (A) a  family  offense,  as  defined  in
subdivision  one of section eight hundred twelve of the family court act
and subdivision one of section 530.11 of this article, has been  commit-
ted;  OR (B) CIRCUMSTANCES EXIST THAT REQUIRE AN ORDER OF PROTECTION FOR
THE PURPOSES ESTABLISHED IN PARAGRAPH (B) OF SUBDIVISION TWO OF  SECTION
EIGHT  HUNDRED  TWELVE  OF  THE  FAMILY COURT ACT; THE RESPONDENT IS THE
SPOUSE, OR FORMER SPOUSE, PARENT, CHILD OR  OTHER  MEMBER  OF  THE  SAME
FAMILY  OR  HOUSEHOLD  AS  THE  PETITIONER  AND CIRCUMSTANCES EXIST THAT

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

REQUIRE AN ORDER OF PROTECTION FOR THE PURPOSES ESTABLISHED IN PARAGRAPH
(B) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED  TWELVE  OF  THE  FAMILY
COURT  ACT; (iii) alleging that a family offense petition has been filed
or  will  be  filed  in  family  court  on  the next day the court is in
session; and (iv) showing good cause. Upon appearance in a local  crimi-
nal  court,  the petitioner shall be advised that he or she may continue
with the proceeding either in family court or upon the filing of a local
criminal court accusatory instrument in criminal  court  or  both.  Upon
issuance  of  a  temporary order of protection where petitioner requests
that it be returnable in family court, the local  criminal  court  shall
transfer  the  matter  forthwith  to the family court and shall make the
matter returnable in family court on the next day the family court is in
session, or as soon thereafter as practicable, but in no event more than
four calendar days after issuance  of  the  order.  The  local  criminal
court, upon issuing a temporary order of protection returnable in family
court  pursuant  to  this  subdivision,  shall immediately forward, in a
manner designed to insure arrival before the  return  date  set  in  the
order,  a  copy of the temporary order of protection and sworn affidavit
to the family court and shall provide a copy of such temporary order  of
protection  to  the  petitioner; provided, however, that where a copy of
the temporary order of protection and affidavit are transmitted  to  the
family  court by facsimile or other electronic means, the original order
and affidavit shall be forwarded to the family court immediately  there-
after.  Any temporary order of protection issued pursuant to this subdi-
vision shall be issued to the respondent, and copies shall be  filed  as
required  in  subdivisions  six  and eight of this section for orders of
protection issued pursuant to  this  section.  Any  temporary  order  of
protection  issued  pursuant to this subdivision shall plainly state the
date that such order expires which, in the case of an  order  returnable
in  family  court,  shall  be not more than four calendar days after its
issuance, unless sooner vacated or modified by the family court. A peti-
tioner requesting a temporary order of protection returnable  in  family
court  pursuant  to  this  subdivision in a case in which a family court
petition has not been filed shall be informed that such temporary  order
of protection shall expire as provided for herein, unless the petitioner
files  a  petition  pursuant to subdivision one of section eight hundred
twenty-one of the family court act on or before the return date in fami-
ly court and the family court issues a temporary order of protection  or
order  of  protection  as  authorized  under article eight of the family
court act. Nothing in this  subdivision  shall  limit  or  restrict  the
petitioner's  right  to  proceed  directly and without court referral in
either a criminal or family court, or both, as provided for  in  section
one  hundred  fifteen of the family court act and section 100.07 of this
chapter.
  § 4. This act shall take effect immediately.

                                 PART SS

  Section 1. The election  law  is  amended  by  adding  a  new  section
14-116-a to read as follows:
  §  14-116-A.  RESTRICTION  ON  CONTRIBUTIONS  FROM  FOREIGN-INFLUENCED
CORPORATIONS OR ENTITIES.  1. NO CORPORATION, LIMITED LIABILITY COMPANY,
JOINT-STOCK ASSOCIATION OR OTHER CORPORATE ENTITY DOING BUSINESS IN THIS
STATE THAT  IS  FOREIGN-INFLUENCED,  NOR  ANY  FOREIGN  NATIONAL,  SHALL
DIRECTLY  OR  INDIRECTLY PAY OR USE OR OFFER, CONSENT OR AGREE TO PAY OR
USE ANY MONEY OR PROPERTY FOR OR IN AID OF ANY POLITICAL PARTY,  COMMIT-

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

TEE  OR  ORGANIZATION,  OR  FOR,  OR IN AID OF, ANY CORPORATION, LIMITED
LIABILITY COMPANY, JOINT-STOCK, OTHER ASSOCIATION,  OR  OTHER  CORPORATE
ENTITY ORGANIZED OR MAINTAINED FOR POLITICAL PURPOSES, OR FOR, OR IN AID
OF,  ANY  CANDIDATE  FOR  POLITICAL  OFFICE  OR  FOR NOMINATION FOR SUCH
OFFICE, OR FOR ANY POLITICAL PURPOSE WHATSOEVER, OR FOR  THE  REIMBURSE-
MENT  OR  INDEMNIFICATION  OF ANY PERSON FOR MONEYS OR PROPERTY SO USED.
ANY OFFICER, DIRECTOR, STOCK-HOLDER, MEMBER, OWNER, ATTORNEY OR AGENT OF
ANY CORPORATION, LIMITED LIABILITY COMPANY, JOINT-STOCK  ASSOCIATION  OR
OTHER  CORPORATE  ENTITY  WHICH  VIOLATES  ANY OF THE PROVISIONS OF THIS
SECTION, WHO PARTICIPATES IN, AIDS, ABETS OR ADVISES OR CONSENTS TO  ANY
SUCH  VIOLATIONS,  AND ANY PERSON WHO SOLICITS OR KNOWINGLY RECEIVES ANY
MONEY OR PROPERTY IN VIOLATION OF THIS SECTION, SHALL  BE  GUILTY  OF  A
MISDEMEANOR.  ANY  SUCH  CONTRIBUTION  MAY RESULT IN THE ASSESSMENT OF A
CIVIL FINE, NOT TO EXCEED TEN  THOUSAND  DOLLARS  PER  CONTRIBUTION,  IN
ADDITION TO ANY OTHER PENALTIES UNDER THE LAW.
  2.  FOR  PURPOSES OF THIS SECTION, "FOREIGN-INFLUENCED" SHALL MEAN ANY
ENTITY FOR WHICH AT LEAST ONE OF THE FOLLOWING CONDITIONS IS MET:
  (A) A SINGLE FOREIGN NATIONAL HOLDS, OWNS, CONTROLS, OR OTHERWISE  HAS
DIRECT  OR  INDIRECT BENEFICIAL OWNERSHIP OF FIVE PERCENT OR MORE OF THE
TOTAL EQUITY, OUTSTANDING VOTING  SHARES,  MEMBERSHIP  UNITS,  OR  OTHER
APPLICABLE  OWNERSHIP  INTEREST  IN  THE ENTITY MAKING THE CONTRIBUTION,
EXPENDITURE OR PAYMENT; OR
  (B) TWO OR MORE FOREIGN NATIONALS, IN AGGREGATE, HOLD,  OWN,  CONTROL,
OR OTHERWISE HAVE DIRECT OR INDIRECT BENEFICIAL OWNERSHIP OF TEN PERCENT
OR MORE OF THE TOTAL EQUITY OUTSTANDING VOTING SHARES, MEMBERSHIP UNITS,
OR OTHER APPLICABLE OWNERSHIP INTEREST OF THE ENTITY; OR
  (C)  ONE  OR  MORE FOREIGN NATIONALS, IN AGGREGATE, HOLD MORE THAN TEN
PERCENT OF THE BOARD OF DIRECTOR SEATS IN THE ENTITY'S GOVERNING  BOARD;
OR
  (D)  A  FOREIGN  NATIONAL  PARTICIPATES  DIRECTLY OR INDIRECTLY IN THE
ENTITY'S DECISION-MAKING PROCESS WITH RESPECT TO THE ENTITY'S  POLITICAL
ACTIVITIES IN THE UNITED STATES, INCLUDING THE ENTITY'S POLITICAL ACTIV-
ITIES WITH RESPECT TO A COVERED ELECTION.
  3.  FOR  PURPOSES  OF  THIS SECTION, "FOREIGN NATIONAL" SHALL HAVE THE
SAME MEANING AS THE TERM DEFINED IN SUBSECTION B  OF  SECTION  30121  OF
TITLE  52  OF  THE  UNITED  STATES  CODE, INCLUDING BUT NOT LIMITED TO A
FOREIGN GOVERNMENT OR A FOREIGN PRINCIPAL.
  § 2. This act shall take effect June 1, 2020.

                                 PART TT

  Section 1. Section 10 of the public officers law, as amended by  chap-
ter 29 of the laws of 1977, is amended to read as follows:
  § 10. Official  oaths.   1. Every officer shall take and file the oath
of office required by law, and every judicial  officer  of  the  unified
court  system, in addition, shall file a copy of said oath in the office
of court administration, before he shall be entitled to enter  upon  the
discharge of any of his official duties. An oath of office may be admin-
istered  by a judge of the court of appeals, the attorney general, or by
any officer authorized to take, within the state, the acknowledgment  of
the  execution  of  a  deed  of real property, or by an officer in whose
office the oath is required to  be  filed  or  by  his  duly  designated
assistant,  or  may be administered to any member of a body of officers,
by a presiding officer or clerk, thereof, who shall have taken  an  oath
of  office.  An oath of office may be administered to any state or local
officer who is a member of the armed forces of the United States by  any

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

commissioned  officer,  in  active  service,  of the armed forces of the
United States. In addition to the requirements of  any  other  law,  the
certificate of the officer in the armed forces administering the oath of
office under this section shall state (a) the rank of the officer admin-
istering  the  oath,  and (b) that the person taking the oath was at the
time, enlisted, inducted, ordered or commissioned in  or  serving  with,
attached  to  or accompanying the armed forces of the United States. The
fact that the officer administering  the  oath  was  at  the  time  duly
commissioned  and  in  active  service  with  the armed forces, shall be
certified by the secretary of the army, secretary of the air force or by
the secretary of the navy, as the case may be, of the United States,  or
by a person designated by him to make such certifications, but the place
where  such  oath  was  administered  need not be disclosed. The oath of
office of a notary public or commissioner of deeds shall be filed in the
office of the clerk of the county in which he shall reside. The oath  of
office of every state officer shall be filed in the office of the secre-
tary  of state; of every officer of a municipal corporation, including a
school district, with the clerk thereof; and  of  every  other  officer,
including the trustees and officers of a public library and the officers
of  boards  of  cooperative  educational  services, in the office of the
clerk of the county in which he shall reside, if no place  be  otherwise
provided by law for the filing thereof.
  2.  THE  OATH OF OFFICE OF A STATEWIDE ELECTED OFFICIAL, MEMBER OF THE
LEGISLATURE, HEAD OF A STATE AGENCY OR ELECTED LOCAL OFFICIAL,  AS  SUCH
TERMS  ARE  USED  IN  SECTION  SEVENTY-THREE-A OF THIS CHAPTER, SHALL BE
FILED TOGETHER WITH A CERTIFICATION THAT  SUCH  OFFICIAL  WILL  ANNUALLY
FILE  HIS OR HER NEW YORK STATE INCOME TAX RETURN WITH THE JOINT COMMIS-
SION ON PUBLIC ETHICS AS REQUIRED BY  SECTION  SEVENTY-THREE-A  OF  THIS
CHAPTER.    NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (E) OF SECTION
SIX HUNDRED NINETY-SEVEN OF THE TAX LAW, SUCH CERTIFICATION  SHALL  ALSO
CONSTITUTE  AUTHORIZATION  FOR THE DEPARTMENT OF TAXATION AND FINANCE TO
DISCLOSE TO THE JOINT COMMISSION ON PUBLIC ETHICS ANY INCOME TAX  RETURN
FILED  WITH  SUCH  DEPARTMENT  THAT  WAS  REQUIRED TO BE FILED WITH SUCH
COMMISSION PURSUANT TO SECTION  SEVENTY-THREE-A  OF  THIS  CHAPTER  UPON
NOTIFICATION  BY  SUCH  COMMISSION  THAT SUCH RETURN WAS NOT FILED AS SO
REQUIRED.
  § 2. Section 13 of the public officers  law  is  amended  to  read  as
follows:
  § 13. Notice  of  neglect  to file oath or undertaking. The officer or
body making the appointment or certificate of election of a public offi-
cer shall, if the officer be required to give an official undertaking to
be filed in an office other than that in which the  written  appointment
or certificate of election is to be filed, forthwith give written notice
of  such  appointment  or  election  to  the officer in whose office the
undertaking is to be filed. THE OFFICER OR BODY MAKING  THE  APPOINTMENT
OR  CERTIFICATE  OF  ELECTION OF A STATEWIDE ELECTED OFFICIAL, MEMBER OF
THE LEGISLATURE, HEAD OF A STATE AGENCY OR ELECTED  LOCAL  OFFICIAL,  AS
SUCH  TERMS  ARE  USED IN SECTION SEVENTY-THREE-A OF THIS CHAPTER, SHALL
ALSO FORTHWITH GIVE WRITTEN NOTICE OF SUCH APPOINTMENT  OR  ELECTION  TO
THE  JOINT  COMMISSION  ON  PUBLIC ETHICS. If any officer shall neglect,
within the time required by law, to take and file an official  oath,  or
execute  and  file an official undertaking, the officer, with whom or in
whose office such oath or undertaking is required  to  be  filed,  shall
forthwith  give  notice of such neglect, if of an appointive officer, to
the authority appointing such officer; if of an elective officer, to the
officer, board or body authorized to fill a vacancy in such  office,  if

S. 7505--A                         74                         A. 9505--A

any,  or  if none and a vacancy in the office may be filled by a special
election, to the officer, board or  body  authorized  to  call  or  give
notice  of  a  special  election  to  fill such vacancy; except that the
notice  of  failure of a justice of the peace to file his official oath,
shall be given to the town clerk of the town for which the  justice  was
elected.
  § 3. Paragraph h of subdivision 1 of section 30 of the public officers
law,  as  amended by chapter 209 of the laws of 1954, is amended to read
as follows:
  h. His refusal or neglect to file  his  official  oath,  CERTIFICATION
PURSUANT TO SUBDIVISION TWO OF SECTION TEN OF THIS CHAPTER, IF REQUIRED,
or  undertaking,  if one is required, before or within thirty days after
the commencement of the term of office for which he  is  chosen,  if  an
elective  office,  or  if an appointive office, within thirty days after
notice of his appointment, or within thirty days after the  commencement
of  such term; or to file a renewal undertaking within the time required
by law, or if no time be so specified, within thirty days  after  notice
to  him  in pursuance of law, that such renewal undertaking is required.
The neglect or failure of any state or local officer to execute and file
his oath of office, CERTIFICATION REQUIRED BY SUBDIVISION TWO OF SECTION
TEN OF THIS CHAPTER and official undertaking  within  the  time  limited
therefor  by law, shall not create a vacancy in the office if such offi-
cer was on active duty in the armed forces  of  the  United  States  and
absent  from  the county of his residence at the time of his election or
appointment, and shall take his oath of office and execute his  official
undertaking  within  thirty days after receipt of notice of his election
or appointment, and provided such oath of office, CERTIFICATION REQUIRED
BY SUBDIVISION TWO OF SECTION TEN OF THIS CHAPTER and official undertak-
ing be filed within ninety days following the date it has been taken and
subscribed, any inconsistent provision  of  law,  general,  special,  or
local to the contrary, notwithstanding.
  §  4.  Subdivision  1  of  section  73-a of the public officers law is
amended by adding a new paragraph (n) to read as follows:
  (N) THE TERM "ELECTED LOCAL OFFICIAL" SHALL MEAN AN  ELECTED  OFFICIAL
OF  A LOCAL AGENCY WHO RECEIVES ANNUAL COMPENSATION FOR SUCH POSITION IN
EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
  § 5. Paragraphs (a), (e) and (k) of subdivision 2 of section  73-a  of
public officers law, paragraphs (a) and (e) as amended and paragraph (k)
as  added by section 5 of part A of chapter 399 of the laws of 2011, are
amended to read as follows:
  (a) Every statewide  elected  official,  state  officer  or  employee,
member  of  the  legislature,  legislative  employee and political party
chairman and every candidate for statewide elected office or for  member
of  the  legislature shall file an annual statement of financial disclo-
sure containing the information and in the form set forth in subdivision
three of this section.  EVERY STATEWIDE ELECTED OFFICIAL, MEMBER OF  THE
LEGISLATURE,  OR  HEAD  OF  A  STATE  AGENCY  SHALL ALSO FILE, AND EVERY
ELECTED LOCAL OFFICIAL SHALL FILE A COPY OF HIS OR HER  NEW  YORK  STATE
INCOME  TAX  RETURN,  INCLUDING  ANY  SCHEDULES  AND ATTACHMENTS TO SUCH
RETURN, FOR THE PRECEDING YEAR. On or before the fifteenth  day  of  May
with  respect  to  the  preceding calendar year: (1) every member of the
legislature, every candidate for member of the legislature and  legisla-
tive  employee  shall  file  such  statement,AND  SUCH  TAX  RETURN,  IF
REQUIRED, with the legislative ethics  commission  which  shall  provide
such  statement along with any requests for exemptions or deletions, AND
SUCH TAX RETURN, IF REQUIRED, to the joint commission on  public  ethics

S. 7505--A                         75                         A. 9505--A

for  filing  and rulings with respect to such requests for exemptions or
deletions, on or before the thirtieth day of June; [and] (2)  all  other
individuals  required to file such statement shall file it, AND SUCH TAX
RETURN, IF REQUIRED, with the joint commission on public ethics; AND (3)
ANY  ELECTED LOCAL OFFICIAL SHALL FILE SUCH TAX RETURN WITH SUCH COMMIS-
SION, except that:
  (i) a person who is subject to  the  reporting  requirements  of  this
subdivision  and  who  timely filed with the internal revenue service an
application for automatic extension of time in which to file his or  her
individual  income  tax return for the immediately preceding calendar or
fiscal year shall be required to file such financial  disclosure  state-
ment  on or before May fifteenth but may, without being subjected to any
civil penalty on account of a deficient statement, indicate with respect
to any item of the disclosure statement that  information  with  respect
thereto  is lacking but will be supplied in a supplementary statement of
financial disclosure, which shall be filed, TOGETHER WITH  ANY  REQUIRED
TAX  RETURN,  on  or  before the seventh day after the expiration of the
period of such automatic extension of time within  which  to  file  such
individual income tax return, provided that failure to file or to timely
file  such supplementary statement of financial disclosure or the filing
of an incomplete  or  deficient  supplementary  statement  of  financial
disclosure shall be subject to the notice and penalty provisions of this
section  respecting annual statements of financial disclosure as if such
supplementary statement were an annual statement;
  (ii) a person who is required to file an annual  financial  disclosure
statement with the joint commission on public ethics, and who is granted
an  additional period of time within which to file such statement due to
justifiable cause or undue hardship, in accordance with  required  rules
and  regulations on the subject adopted pursuant to paragraph [c] (C) of
subdivision nine of section ninety-four of the executive law shall  file
such  statement  within  the  additional period of time granted; and the
legislative ethics commission  shall  notify  the  joint  commission  on
public ethics of any extension granted pursuant to this paragraph;
  (iii)  candidates for statewide office who receive a party designation
for nomination by a state committee pursuant to  section  6-104  of  the
election law shall file such statement within ten days after the date of
the meeting at which they are so designated;
  (iv)  candidates  for statewide office who receive twenty-five percent
or more of the vote cast at the meeting  of  the  state  committee  held
pursuant  to  section  6-104  of the election law and who demand to have
their names placed on the primary ballot and who do not withdraw  within
fourteen  days  after  such meeting shall file such statement within ten
days after the last day to withdraw their names in accordance  with  the
provisions of such section of the election law;
  (v)  candidates  for statewide office and candidates for member of the
legislature who file party designating petitions  for  nomination  at  a
primary  election  shall  file  such statement within ten days after the
last day allowed by law for the filing of  party  designating  petitions
naming them as candidates for the next succeeding primary election;
  (vi)  candidates  for  independent nomination who have not been desig-
nated by a party to receive a nomination shall file such statement with-
in ten days after the last day allowed by law for the  filing  of  inde-
pendent  nominating  petitions  naming  them  as  candidates in the next
succeeding general or special election;

S. 7505--A                         76                         A. 9505--A

  (vii) candidates who receive the nomination of a party for  a  special
election shall file such statement within ten days after the date of the
meeting of the party committee at which they are nominated;
  (viii)  a  candidate  substituted  for  another candidate, who fills a
vacancy in a party designation or in an independent  nomination,  caused
by declination, shall file such statement within ten days after the last
day allowed by law to file a certificate to fill a vacancy in such party
designation or independent nomination;
  (ix) with respect to all candidates for member of the legislature, the
legislative  ethics commission shall within five days of receipt provide
the joint commission on public ethics the statement  filed  pursuant  to
subparagraphs (v), (vi), (vii) and (viii) of this paragraph.
  (e)  Any  person  required to file such statement AND/OR FILE SUCH TAX
RETURN who commences employment after May  fifteenth  of  any  year  and
political  party  chairman  shall  file such statement AND, IF REQUIRED,
SUCH TAX RETURN within thirty days after  commencing  employment  or  of
taking  the position of political party chairman, as the case may be. In
the case of members of the legislature and legislative  employees,  such
statements  shall be filed with the legislative ethics commission within
thirty days after commencing  employment,  and  the  legislative  ethics
commission  shall  provide  such  statements  to the joint commission on
public ethics within forty-five days of receipt.
  (k) The joint commission on public ethics shall: (I) post for at least
five years beginning for filings made on  January  first,  two  thousand
thirteen the annual statement of financial disclosure and any amendments
filed  by  each  person  subject  to  the reporting requirements of this
subdivision who is an elected official on its website for public  review
within  thirty  days of its receipt of such statement or within ten days
of its receipt of such amendment that reflects any corrections of  defi-
ciencies  identified  by  the  commission or by the reporting individual
after the reporting individual's initial filing. Except upon an individ-
ual determination by the commission  that  certain  information  may  be
deleted  from  a  reporting  individual's  annual statement of financial
disclosure, none of the information  in  the  statement  posted  on  the
commission's website shall be otherwise deleted;
  (II)  POST  FOR AT LEAST FIVE YEARS BEGINNING FOR FILINGS MADE FOR THE
TWO THOUSAND NINETEEN CALENDAR YEAR ANY INCOME TAX RETURN FILED PURSUANT
TO THIS SUBDIVISION, PROVIDED, HOWEVER, THAT PRIOR TO  POSTING  ANY  TAX
RETURN TO THE COMMISSION SHALL REDACT SUCH INFORMATION AS IT, IN CONSUL-
TATION WITH THE COMMISSIONER OF TAXATION AND FINANCE OR HIS OR HER DELE-
GATE,  DEEMS  APPROPRIATE OR REQUIRED BY LAW. AN OFFICIAL SHALL BE ENTI-
TLED TO REQUEST AT THE  TIME  OF  FILING  OF  A  TAX  RETURN  PARTICULAR
REDACTIONS  TO  SUCH  RETURN  THAT THE COMMISSION SHALL MAKE IF IT DEEMS
SUCH REDACTIONS TO BE APPROPRIATE.
  § 6. The election law is amended by adding a new section 6-169 to read
as follows:
  § 6-169. NOTICE OF  TRANSPARENCY  REQUIREMENTS.  THE  STATE  BOARD  OF
ELECTIONS  OR OTHER BOARD OF ELECTIONS, AS THE CASE MAY BE, SHALL NOTIFY
EACH PERSON NOMINATED OR DESIGNATED AS A CANDIDATE FOR ELECTIVE  OFFICE,
NOT  LATER THAN TEN DAYS AFTER SUCH NOMINATION OR DESIGNATION, THAT SUCH
OFFICE MAY BE SUBJECT TO CERTIFICATION REQUIREMENTS PURSUANT TO  SECTION
TEN  OF THE PUBLIC OFFICERS LAW AND SUBJECT TO FINANCIAL AND TAX DISCLO-
SURE REQUIREMENTS PURSUANT TO  SECTION  SEVENTY-THREE-A  OF  THE  PUBLIC
OFFICERS LAW.
  §  7.  This  act  shall  take  effect  immediately  and shall apply to
elections conducted and appointments made on or after such date.

S. 7505--A                         77                         A. 9505--A

                                 PART UU

  Section  1.  Section 172-b of the executive law is amended by adding a
new subdivision 9 to read as follows:
  9. ANY REGISTERED CHARITABLE ORGANIZATION THAT IS REQUIRED TO FILE  AN
ANNUAL  FINANCIAL  REPORT  PURSUANT  TO  SUBDIVISION  ONE OR TWO OF THIS
SECTION, OR THAT IS REQUIRED TO FILE A FUNDING DISCLOSURE REPORT  PURSU-
ANT  TO  SECTION  ONE  HUNDRED  SEVENTY-TWO-E  OF THIS ARTICLE, AND/OR A
FINANCIAL  DISCLOSURE   REPORT   PURSUANT   TO   SECTION   ONE   HUNDRED
SEVENTY-TWO-F OF THIS ARTICLE FOR A REPORTING PERIOD DURING THE APPLICA-
BLE  FISCAL  YEAR  SHALL  ALSO BE REQUIRED TO FILE SUCH ANNUAL FINANCIAL
REPORT, INCLUDING ALL REQUIRED FORMS AND ATTACHMENTS, WITH  THE  DEPART-
MENT OF TAXATION AND FINANCE.
  §  1-a.  Subdivision 2 of section 172-e of the executive law, as added
by section 1 of part F of chapter 286 of the laws of 2016, is amended to
read as follows:
  2. Funding disclosure reports to be filed by covered entities. (a) Any
covered entity that makes an in-kind donation in  excess  of  [two]  TEN
thousand  [five hundred] dollars to a recipient entity during a relevant
reporting period shall file a funding disclosure report with the depart-
ment of law. The funding disclosure report shall include:
  (i) the name and address of the covered entity that made  the  in-kind
donation;
  (ii)  the  name  and  address of the recipient entity that received or
benefitted from the in-kind donation;
  (iii) the names of any persons who  exert  operational  or  managerial
control  over the covered entity. The disclosures required by this para-
graph shall include the name of at least one natural person;
  (iv) the date [the in-kind] SUCH donation  was  made  by  the  covered
entity; AND
  (v)  [any  donation  in excess of two thousand five hundred dollars to
the covered entity during the relevant reporting  period  including  the
identity  of  the  donor of any such donation] A DETAILED DESCRIPTION OF
THE IN-KIND DONATION, INCLUDING THE CHARITABLE PURPOSE ADVANCED BY  SUCH
DONATION,  IF  ANY,  AND ANY RESTRICTIONS ON THE USE OF SUCH DONATION BY
THE RECIPIENT ENTITY.
  [(vi) the date of any such donation to a covered entity.]
  (b) The covered entity shall file a funding disclosure report with the
department of law AND THE DEPARTMENT  OF  TAXATION  AND  FINANCE  within
thirty days of the close of a reporting period.
  §  2. Subdivision 2 of section 172-f of the executive law, as added by
section 1 of part G of chapter 286 of the laws of 2016,  is  amended  to
read as follows:
  2.  Disclosure  of  expenditures  for  covered communications. (a) Any
covered entity that makes expenditures for covered communications in  an
aggregate  amount or fair market value exceeding ten thousand dollars in
a calendar year shall  file  a  financial  disclosure  report  with  the
department of law. The financial disclosure report shall include:
  (i)  the name and address of the covered entity that made the expendi-
ture for covered communications;
  (ii) the name or names of any individuals  who  exert  operational  or
managerial  control over the covered entity. The disclosures required by
this paragraph shall include the name of at least one natural person;
  (iii) a DETAILED description of the covered communication;

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

  (iv) the dollar amount paid for each covered communication,  the  name
and  address of the person or entity receiving the payment, and the date
the payment was made; and
  [(iv)]  (V) FOR ANY RESTRICTED DONATION RECEIVED BY THE COVERED ENTITY
IN WHOLE OR IN PART FOR THE SUPPORT OF THE  COVERED  COMMUNICATION,  the
name  and  address of any individual, corporation, association, or group
that made a donation [of one thousand dollars or more]  to  the  covered
entity  and  the  date of such donation, AND THE AMOUNT OF THE DONATION,
TOGETHER WITH A DESCRIPTION OF ANY RESTRICTION.
  (b) The covered entity shall file a financial disclosure  report  with
the  department of law AND THE DEPARTMENT OF TAXATION AND FINANCE within
thirty days of the close of a reporting period.
  (c) If a covered entity keeps one or  more  segregated  bank  accounts
containing funds used solely for covered communications and makes all of
its  expenditures  for  covered  communications from such accounts, then
with respect to donations included in subparagraph [(iv)] (V)  of  para-
graph  (a)  of  this subdivision, the financial report need only include
donations deposited into such accounts.
  § 3. Section 172-e of the executive law is amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  IF  A  COVERED  ENTITY'S OR RECIPIENT ENTITY'S ANNUAL REPORT FILED
PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF  THIS  ARTICLE  DOES  NOT
INCLUDE  A  COMPLETED  INTERNAL  REVENUE SERVICE FORM 990 SCHEDULE B AND
THAT COVERED ENTITY MAKES, OR THAT RECIPIENT ENTITY RECEIVES, QUALIFYING
DONATIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THAT ENTITY SHALL
IN ADDITION TO FILING A DISCLOSURE WITH THE DEPARTMENT OF LAW, ALSO FILE
WITH THE DEPARTMENT OF TAXATION AND FINANCE A COMPLETE INTERNAL  REVENUE
SERVICE  FORM 990 SCHEDULE B, REGARDLESS OF WHETHER SUCH FORM IS SUBMIT-
TED OR REQUIRED TO BE SUBMITTED TO THE INTERNAL REVENUE SERVICE.
  § 4. Section 172-f of the executive law is amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  IF  A COVERED ENTITY'S ANNUAL REPORT FILED PURSUANT TO SECTION ONE
HUNDRED SEVENTY-TWO OF THIS ARTICLE DOES NOT INCLUDE A COMPLETED  INTER-
NAL REVENUE SERVICE FORM 990 SCHEDULE B, THE ENTITY SHALL IN ADDITION TO
FILING  A  DISCLOSURE  WITH  THE  DEPARTMENT  OF LAW, ALSO FILE WITH THE
DEPARTMENT OF TAXATION AND FINANCE A COMPLETE INTERNAL  REVENUE  SERVICE
FORM  990  SCHEDULE  B,  REGARDLESS OF WHETHER SUCH FORM IS SUBMITTED OR
REQUIRED TO BE SUBMITTED TO THE INTERNAL REVENUE SERVICE.
  § 5. Section 171 of the tax law is amended by adding a new subdivision
twenty-ninth to read as follows:
  TWENTY-NINTH.  THE  COMMISSIONER  SHALL  RECEIVE  ALL  ANNUAL  REPORTS
REQUIRED  TO BE FILED WITH THE DEPARTMENT PURSUANT TO EITHER SUBDIVISION
ONE OR TWO OF SECTION ONE HUNDRED SEVENTY-TWO-B OF  THE  EXECUTIVE  LAW,
SUBDIVISION  FOUR  OF SECTION ONE HUNDRED SEVENTY-TWO-E OF THE EXECUTIVE
LAW, OR SUBDIVISION FOUR OF SECTION ONE  HUNDRED  SEVENTY-TWO-F  OF  THE
EXECUTIVE  LAW  AND  SHALL  PUBLISH  SUCH  SCHEDULES ON THE DEPARTMENT'S
WEBSITE.
  § 6. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

                                 PART VV

  Section  1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision  5
of  section  4  of  the  state finance law to the following funds and/or
accounts:

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

  1. DOL-Child performer protection account (20401).
  2. Proprietary vocational school supervision account (20452).
  3. Local government records management account (20501).
  4. Child health plus program account (20810).
  5. EPIC premium account (20818).
  6. Education - New (20901).
  7. VLT - Sound basic education fund (20904).
  8.   Sewage  treatment  program  management  and  administration  fund
(21000).
  9. Hazardous bulk storage account (21061).
  10. Utility environmental regulatory account (21064).
  11. Federal grants indirect cost recovery account (21065).
  12. Low level radioactive waste account (21066).
  13. Recreation account (21067).
  14. Public safety recovery account (21077).
  15. Environmental regulatory account (21081).
  16. Natural resource account (21082).
  17. Mined land reclamation program account (21084).
  18. Great lakes restoration initiative account (21087).
  19. Environmental protection and oil spill compensation fund (21200).
  20. Public transportation systems account (21401).
  21. Metropolitan mass transportation (21402).
  22. Operating permit program account (21451).
  23. Mobile source account (21452).
  24.  Statewide  planning  and  research  cooperative  system   account
(21902).
  25. New York state thruway authority account (21905).
  26. Mental hygiene program fund account (21907).
  27. Mental hygiene patient income account (21909).
  28. Financial control board account (21911).
  29. Regulation of racing account (21912).
  30. State university dormitory income reimbursable account (21937).
  31. Criminal justice improvement account (21945).
  32. Environmental laboratory reference fee account (21959).
  33. Training, management and evaluation account (21961).
  34. Clinical laboratory reference system assessment account (21962).
  35. Indirect cost recovery account (21978).
  36. High school equivalency program account (21979).
  37. Multi-agency training account (21989).
  38. Bell jar collection account (22003).
  39. Industry and utility service account (22004).
  40. Real property disposition account (22006).
  41. Parking account (22007).
  42. Courts special grants (22008).
  43. Asbestos safety training program account (22009).
  44. Camp Smith billeting account (22017).
  45. Batavia school for the blind account (22032).
  46. Investment services account (22034).
  47. Surplus property account (22036).
  48. Financial oversight account (22039).
  49. Regulation of Indian gaming account (22046).
  50. Rome school for the deaf account (22053).
  51. Seized assets account (22054).
  52. Administrative adjudication account (22055).
  53. Federal salary sharing account (22056).
  54. New York City assessment account (22062).

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

  55. Cultural education account (22063).
  56. Local services account (22078).
  57. DHCR mortgage servicing account (22085).
  58. Housing indirect cost recovery account (22090).
  59. DHCR-HCA application fee account (22100).
  60. Low income housing monitoring account (22130).
  61. Corporation administration account (22135).
  62.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
account (22144).
  63. Deferred compensation administration account (22151).
  64. Rent revenue other New York City account (22156).
  65. Rent revenue account (22158).
  66. Tax revenue arrearage account (22168).
  67. New York state medical indemnity fund account (22240).
  68. State university general income offset account (22654).
  69. Lake George park trust fund account (22751).
  70. State police motor vehicle law enforcement account (22802).
  71. Highway safety program account (23001).
  72. DOH drinking water program account (23102).
  73. NYCCC operating offset account (23151).
  74. Commercial gaming revenue account (23701).
  75. Commercial gaming regulation account (23702).
  76. Highway use tax administration account (23801).
  77. New York state secure choice administrative account (23806).
  78. Fantasy sports administration account (24951).
  79. Highway and bridge capital account (30051).
  80. Aviation purpose account (30053).
  81. State university residence hall rehabilitation fund (30100).
  82. State parks infrastructure account (30351).
  83. Clean water/clean air implementation fund (30500).
  84. Hazardous waste remedial cleanup account (31506).
  85. Youth facilities improvement account (31701).
  86. Housing assistance fund (31800).
  87. Housing program fund (31850).
  88. Highway facility purpose account (31951).
  89. Information technology capital financing account (32215).
  90. New York racing account (32213).
  91. Capital miscellaneous gifts account (32214).
  92. New York environmental protection and  spill  remediation  account
(32219).
  93. Mental hygiene facilities capital improvement fund (32300).
  94. Correctional facilities capital improvement fund (32350).
  95. New York State Storm Recovery Capital Fund (33000).
  96. OGS convention center account (50318).
  97. Empire Plaza Gift Shop (50327).
  98. Centralized services fund (55000).
  99. Archives records management account (55052).
  100. Federal single audit account (55053).
  101. Civil service EHS occupational health program account (55056).
  102. Banking services account (55057).
  103. Cultural resources survey account (55058).
  104. Neighborhood work project account (55059).
  105. Automation & printing chargeback account (55060).
  106. OFT NYT account (55061).
  107. Data center account (55062).
  108. Intrusion detection account (55066).

S. 7505--A                         81                         A. 9505--A

  109. Domestic violence grant account (55067).
  110. Centralized technology services account (55069).
  111. Labor contact center account (55071).
  112. Human services contact center account (55072).
  113. Tax contact center account (55073).
  114. Department of law civil recoveries account (55074).
  115. Executive direction internal audit account (55251).
  116. CIO Information technology centralized services account (55252).
  117. Health insurance internal service account (55300).
  118.  Civil  service employee benefits division administrative account
(55301).
  119. Correctional industries revolving fund (55350).
  120. Employees health insurance account (60201).
  121. Medicaid management information system escrow fund (60900).
  122. New York state cannabis revenue fund.
  123. Behavioral health parity compliance fund.
  § 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in  subdivision  5  of
section  4  of the state finance law to any account within the following
federal funds, provided the comptroller has made  a  determination  that
sufficient  federal grant award authority is available to reimburse such
loans:
  1. Federal USDA-food and nutrition services fund (25000).
  2. Federal health and human services fund (25100).
  3. Federal education fund (25200).
  4. Federal block grant fund (25250).
  5. Federal miscellaneous operating grants fund (25300).
  6. Federal unemployment insurance administration fund (25900).
  7. Federal unemployment insurance occupational training fund (25950).
  8. Federal emergency employment act fund (26000).
  9. Federal capital projects fund (31350).
  § 2. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or  before March 31, 2021, up to the unencumbered balance or the follow-
ing amounts:
  Economic Development and Public Authorities:
  1. $175,000 from the miscellaneous special revenue  fund,  underground
facilities safety training account (22172), to the general fund.
  2.  An  amount  up  to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services  account  (21977),
to the general fund.
  3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
enforcement account (21904), to the general fund.
  4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, tax revenue arrearage account (22168).
  Education:
  1.  $2,487,000,000  from  the  general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made  from
such  fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  2.  $978,000,000  from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made  from
such  fund for supplemental aid to education pursuant to section 92-c of

S. 7505--A                         82                         A. 9505--A

the state finance law that are in excess of  the  amounts  deposited  in
such fund for such purposes pursuant to section 1612 of the tax law.
  3. $168,000,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for  disbursements made from such fund for supplemental aid to education
pursuant to section 97-nnnn of the state finance law that are in  excess
of  the  amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
  4. $5,000,000 from the interactive fantasy sports fund, fantasy sports
education account (24950), to the state lottery fund, education  account
(20901),  as  reimbursement  for  disbursements  made from such fund for
supplemental aid to education pursuant to  section  92-c  of  the  state
finance law.
  5.  An amount up to the unencumbered balance from the charitable gifts
trust fund, elementary and secondary education account (24901),  to  the
general fund, for payment of general support for public schools pursuant
to section 3609-a of the education law.
  6. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  7.  $300,000  from the New York state local government records manage-
ment improvement  fund,  local  government  records  management  account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
  8. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
  9. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
  10.  $343,400,000  from  the  state  university  dormitory income fund
(40350) to the miscellaneous  special  revenue  fund,  state  university
dormitory income reimbursable account (21937).
  11.  $8,318,000  from  the general fund to the state university income
fund, state university income offset account (22654),  for  the  state's
share of repayment of the STIP loan.
  12. $47,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital  debt  service  for  the period April 1, 2020 through March 31,
2021.
  13. $25,390,000 from the miscellaneous special revenue fund, office of
the professions account (22051), to the miscellaneous  capital  projects
fund, office of the professions electronic licensing account (32222).
  14.  $24,000,000  from any of the state education department's special
revenue and internal service funds to the miscellaneous special  revenue
fund, indirect cost recovery account (21978).
  15.  $4,200,000  from  any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
  16. $1,500,000 from the miscellaneous special revenue fund, office  of
the  professions  account (22051), to the general fund from fees charged
to each non-licensee owner of a firm that is incorporating as a  profes-
sional  service corporation formed to lawfully engage in the practice of
public accountancy.
  Environmental Affairs:
  1. $16,000,000 from any of the department of  environmental  conserva-
tion's  special  revenue federal funds to the environmental conservation
special revenue fund, federal indirect recovery account (21065).

S. 7505--A                         83                         A. 9505--A

  2. $5,000,000 from any of the department  of  environmental  conserva-
tion's special revenue federal funds to the conservation fund (21150) or
Marine  Resources  Account  (21151)  as  necessary to avoid diversion of
conservation funds.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation  capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant  indirect
cost recovery account (22188).
  4. $1,000,000 from any of the office of parks, recreation and historic
preservation  special revenue federal funds to the miscellaneous capital
projects fund, I love NY water account (32212).
  5. $28,000,000 from the general fund to the  environmental  protection
fund, environmental protection fund transfer account (30451).
  6.  $1,800,000  from  the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
  7. An amount up to or equal to the cash  balance  within  the  special
revenue-other  waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related  to  the
management  and  cleanup  program as put forth in section 27-1915 of the
environmental conservation law.
  8. $3,600,000 from the  miscellaneous  special  revenue  fund,  public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
  9. $4,000,000 from the general fund to the enterprise fund, state fair
account (50051).
  Family Assistance:
  1.  $7,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous  special
revenue  fund, office of human resources development state match account
(21967).
  2. $4,000,000 from any of the office of children and  family  services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
  3. $18,670,000 from any of the office of children and family services,
office  of  temporary and disability assistance, or department of health
special revenue federal  funds  and  any  other  miscellaneous  revenues
generated  from  the operation of office of children and family services
programs to the general fund.
  4. $125,000,000 from any of the office  of  temporary  and  disability
assistance  or department of health special revenue funds to the general
fund.
  5. $2,500,000 from any of  the  office  of  temporary  and  disability
assistance  special  revenue  funds to the miscellaneous special revenue
fund, office of temporary  and  disability  assistance  program  account
(21980).
  6. $35,000,000 from any of the office of children and family services,
office  of temporary and disability assistance, department of labor, and
department of health special revenue federal  funds  to  the  office  of
children  and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
  7. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
facility per diem account (22186), to the general fund.

S. 7505--A                         84                         A. 9505--A

  8.  $621,850  from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
  9.  $5,000,000  from  the  miscellaneous  special  revenue fund, state
central registry (22028), to the general fund.
  10. $600,000 from the miscellaneous  special  revenue  fund,  veterans
remembrance  and cemetery maintenance and operation fund (20201), to the
capital projects fund (30000).
  General Government:
  1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
  2. $12,000,000 from the general fund to the health insurance revolving
fund (55300).
  3. $292,400,000  from  the  health  insurance  reserve  receipts  fund
(60550) to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
  5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
  6.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
  7. $19,000,000 from the miscellaneous special  revenue  fund,  revenue
arrearage account (22024), to the general fund.
  8.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous  special  revenue  fund,
authority budget office account (22138).
  9.  $1,000,000  from  the  agencies  enterprise fund, parking services
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
  10. $9,628,000 from the general fund to the centralized services fund,
COPS account (55013).
  11. $11,460,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for  the  purpose  of
enterprise technology projects.
  12. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
  13.  $20,000,000 from the miscellaneous special revenue fund, workers'
compensation account (21995),  to  the  miscellaneous  capital  projects
fund,  workers'  compensation  board  IT  business  process design fund,
(32218).
  14. $12,000,000 from the agencies enterprise  fund,  parking  services
account  (22007), to the centralized services, building support services
account (55018).
  15. $30,000,000 from the general fund to the  internal  service  fund,
business services center account (55022).
  16.  $8,000,000  from  the  general fund to the internal service fund,
building support services account (55018).
  17. $1,500,000 from  the  agencies  enterprise  fund,  special  events
account (20120), to the general fund.
  Health:
  1.  A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155),  up
to  an  amount  equal  to  the  monies collected and deposited into that
account in the previous fiscal year.
  2. A transfer from the general fund to the combined gifts, grants  and
bequests  fund,  prostate  cancer  research,  detection,  and  education

S. 7505--A                         85                         A. 9505--A

account (20183), up to an amount  equal  to  the  moneys  collected  and
deposited into that account in the previous fiscal year.
  3.  A transfer from the general fund to the combined gifts, grants and
bequests fund,  Alzheimer's  disease  research  and  assistance  account
(20143),  up  to  an  amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
  4. $33,134,000 from the HCRA resources fund (20800) to  the  miscella-
neous  special  revenue  fund, empire state stem cell trust fund account
(22161).
  5. $6,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the  miscellaneous  capital  projects  fund,
healthcare IT capital subfund (32216).
  6.  $2,000,000  from  the  miscellaneous  special  revenue fund, vital
health records account (22103), to the  miscellaneous  capital  projects
fund, healthcare IT capital subfund (32216).
  7.  $2,000,000  from  the  miscellaneous special revenue fund, profes-
sional medical conduct account (22088),  to  the  miscellaneous  capital
projects fund, healthcare IT capital subfund (32216).
  8.  $91,304,000  from  the  HCRA resources fund (20800) to the capital
projects fund (30000).
  9. $6,550,000 from the general fund to  the  medical  marihuana  trust
fund, health operation and oversight account (23755).
  10.  An  amount  up to the unencumbered balance from the miscellaneous
special revenue fund, certificate of need account (21920), to the gener-
al fund.
  11. An amount up to the unencumbered balance from the charitable gifts
trust fund, health charitable account (24900), to the general fund,  for
payment of general support for primary, preventive, and inpatient health
care,  dental and vision care, hunger prevention and nutritional assist-
ance, and other services for New York state residents with  the  overall
goal  of  ensuring  that New York state residents have access to quality
health care and other related services.
  12. $3,000,000 from the miscellaneous special revenue fund,  New  York
State cannabis revenue fund, to the general fund.
  Labor:
  1.  $600,000  from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
  2. $11,700,000 from the unemployment insurance  interest  and  penalty
fund,  unemployment  insurance  special  interest  and  penalty  account
(23601), to the general fund.
  3. $5,000,000 from the miscellaneous special  revenue  fund,  workers'
compensation  account  (21995),  to  the  training and education program
occupation safety and health fund, OSHA-training and  education  account
(21251) and occupational health inspection account (21252).
  Mental Hygiene:
  1.  $10,000,000  from  the  general fund, to the miscellaneous special
revenue fund, federal salary sharing account (22056).
  2. $3,800,000 from the general fund, to the agencies internal  service
fund, civil service EHS occupational health program account (55056).
  3.  $3,000,000  from  the  chemical dependence service fund, substance
abuse services fund account  (22700),  to  the  mental  hygiene  capital
improvement fund (32305).
  Public Protection:
  1.  $1,350,000  from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.

S. 7505--A                         86                         A. 9505--A

  2. $2,087,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, recruitment incentive account (22171).
  3.  $22,773,000  from  the general fund to the correctional industries
revolving  fund,  correctional  industries  internal   service   account
(55350).
  4. $60,000,000 from any of the division of homeland security and emer-
gency services special revenue federal funds to the general fund.
  5.  $11,149,000  from the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
  6. $115,420,000 from the state police motor  vehicle  law  enforcement
and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
police motor vehicle enforcement account (22802), to  the  general  fund
for state operation expenses of the division of state police.
  7.  $120,500,000  from the general fund to the correctional facilities
capital improvement fund (32350).
  8. $5,000,000 from the general  fund  to  the  dedicated  highway  and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
  9.  $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to  the  capital  projects
fund (30000).
  10.  $9,830,000  from  the  miscellaneous  special revenue fund, legal
services assistance account (22096), to the general fund.
  11. $1,000,000 from the general fund to the agencies internal  service
fund, neighborhood work project account (55059).
  12.  $7,980,000  from  the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
  13. $1,100,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
theft and insurance fraud account (22801), to the general fund.
  14. $25,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
  Transportation:
  1.  $31,000,000  from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651) for  disbursements  related  to
part NN of chapter 54 of the laws of 2016.
  2.  $20,000,000 from the general fund to the mass transportation oper-
ating  assistance  fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
  3. $727,500,000 from the general fund to  the  dedicated  highway  and
bridge trust fund (30050).
  4.  $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
  5. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to  the  dedicated  highway  and  bridge
trust  fund  (30050),  for  disbursements  made from such fund for motor
carrier safety that are in excess of the amounts deposited in the  dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
  6.  $3,000,000  from  the  miscellaneous special revenue fund, traffic
adjudication account (22055), to the general fund.
  7. $11,721,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance  account  (21402),
to the capital projects fund (30000).

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

  8. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion  regulation  account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess  of  the
amounts  deposited  in  the  general  fund  for such purpose pursuant to
section 94 of the transportation law.
  Miscellaneous:
  1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2.  $500,000,000  from  the general fund to the debt reduction reserve
fund (40000).
  3. $450,000,000 from the New York state storm  recovery  capital  fund
(33000) to the revenue bond tax fund (40152).
  4.  $15,500,000  from  the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
  5. $100,000,000 from any special revenue federal fund to  the  general
fund, state purposes account (10050).
  §  3.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2021:
  1. Upon request of the commissioner of environmental conservation,  up
to  $12,745,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000  from
the  environmental  protection  and oil spill compensation fund (21200),
and $1,834,600 from the conservation fund (21150), to the  environmental
conservation special revenue fund, indirect charges account (21060).
  2.  Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund  within  the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
  3.  Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund, state  fair  receipts
account  (50051)  to the miscellaneous capital projects fund, state fair
capital improvement account (32208).
  4. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or  miscellaneous  special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
  5.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any  miscel-
laneous  special  revenue  fund  account,  to  any miscellaneous special
revenue fund.
  6. Upon request of the commissioner of health up to  $13,225,000  from
revenues  credited  to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
  § 4. On or before March 31, 2021, the comptroller is hereby authorized
and directed to deposit earnings that  would  otherwise  accrue  to  the
general  fund  that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal  service  fund,  banking
services  account  (55057),  for  the purpose of meeting direct payments
from such account.
  § 5. Notwithstanding any law to the contrary, upon  the  direction  of
the  director of the budget and upon requisition by the state university
of New York, the dormitory  authority  of  the  state  of  New  York  is
directed  to  transfer, up to $22,000,000 in revenues generated from the

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

sale of notes or bonds, the state university income fund general revenue
account (22653) for reimbursement  of  bondable  equipment  for  further
transfer to the state's general fund.
  §  6.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor  or  his  or  her
designee,  on or before March 31, 2021, up to $16,000,000 from the state
university income fund general revenue  account  (22653)  to  the  state
general  fund for debt service costs related to campus supported capital
project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
University at Buffalo.
  §  7.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor  or  his  or  her
designee,  on  or before March 31, 2021, up to $6,500,000 from the state
university income fund general revenue  account  (22653)  to  the  state
general  fund for debt service costs related to campus supported capital
project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
University at Albany.
  §  8.  Notwithstanding  any  law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university  collection
fund  (61000)  to  the  state  university  income fund, state university
general revenue offset account (22655) on or before March 31, 2021.
  § 9. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to  $1,019,748,300  from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2020 through June 30, 2021 to  support  operations  at
the state university.
  §  10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $20,000,000 from the general fund  to  the  state  university  income
fund, state university general revenue offset account (22655) during the
period  of  July  1,  2020 to June 30, 2021 to support operations at the
state university in accordance with the maintenance of  effort  pursuant
to  subparagraph  (4)  of paragraph h of subdivision 2 of section 355 of
the education law.
  § 11. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $55,000,000 from the state  university
income  fund,  state  university  hospitals  income reimbursable account
(22656), for services and expenses of hospital  operations  and  capital
expenditures at the state university hospitals; and the state university
income  fund,  Long  Island  veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2021.
  § 12. Notwithstanding any law to the contrary, and in accordance  with
section  4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee,  is  hereby
authorized  and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony  Brook  hospital  collection

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

account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse  hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656)  in
the  event  insufficient  funds  are  available  in the state university
income fund, state  university  hospitals  income  reimbursable  account
(22656)  to  permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt  service  related  to  the  SUNY
hospitals.  Notwithstanding  any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with  the  state
university  chancellor  or  his or her designee, to transfer moneys from
the state university income fund to the state  university  income  fund,
state  university  hospitals  income reimbursable account (22656) in the
event insufficient funds are available in the  state  university  income
fund,  state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full  transfer  of  moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2021.
  §  13.  Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed  to
transfer  monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100),  and
from  the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not  to
exceed $80 million from each fund.
  §  14. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $650 million from the unencumbered balance of any special revenue
fund or account, agency  fund  or  account,  internal  service  fund  or
account,  enterprise  fund  or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred  pursuant  to
this authorization shall be in addition to any other transfers expressly
authorized  in  the  2020-21  budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects  fund,  or
funds  that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
1951 are not permitted pursuant to this authorization.
  §  15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund,  tech-
nology  financing  account  (22207),  the miscellaneous capital projects
fund, the federal capital projects account (31350), information technol-
ogy capital financing account (32215),  or  the  centralized  technology
services  account  (55069),  for the purpose of consolidating technology
procurement and services. The amounts transferred to  the  miscellaneous
special  revenue  fund, technology financing account (22207) pursuant to
this authorization shall be equal to or less than  the  amount  of  such
monies  intended  to  support  information  technology  costs  which are
attributable, according to a plan, to such account made in pursuance  to
an  appropriation  by law. Transfers to the technology financing account
shall be completed  from  amounts  collected  by  non-general  funds  or

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

accounts  pursuant  to a fund deposit schedule or permanent statute, and
shall be transferred to the technology financing account pursuant  to  a
schedule agreed upon by the affected agency commissioner. Transfers from
funds  that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
1951 are not permitted pursuant to this authorization.
  §  16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the  purpose  of  consol-
idating  technology  procurement  and  services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information  technology  costs  which
are attributable, according to a plan, to such account made in pursuance
to  an  appropriation  by  law.  Transfers  to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule.  Transfers from funds that would  result
in  the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
pursuant to this authorization.
  §  17. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund $20,000,000 for the state fiscal  year
commencing  April  1,  2020,  the  proceeds of which will be utilized to
support energy-related state activities.
  § 18. Notwithstanding any provision of law, rule or regulation to  the
contrary,  the  New York state energy research and development authority
is authorized and directed to make the following  contributions  to  the
state  treasury to the credit of the general fund on or before March 31,
2021: (a) $913,000; and (b) $23,000,000 from proceeds collected  by  the
authority from the auction or sale of carbon dioxide emission allowances
allocated by the department of environmental conservation.
  §  19. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and  development  authority
is authorized and directed to transfer five million dollars to the cred-
it of the Environmental Protection Fund on or before March 31, 2021 from
proceeds  collected  by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
  § 20. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
amended  by section 21 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four  hundred  eighty-
one  and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of  the
laws  of  two  thousand  eleven,  or  any other provisions of law to the
contrary, during the fiscal year beginning  April  first,  two  thousand
[nineteen]  TWENTY,  the  state  comptroller  is  hereby  authorized and
directed to deposit to the fund created pursuant to  this  section  from
amounts  collected  pursuant  to  article  twenty-two of the tax law and
pursuant to a schedule submitted by the director of the  budget,  up  to

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

[$2,185,995,000] $1,999,516,000, as may be certified in such schedule as
necessary  to  meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [nineteen] TWENTY.
  §  21.  Notwithstanding  any  law  to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2021, the following  amounts  from
the  following  special  revenue  accounts  to the capital projects fund
(30000), for the purposes of reimbursement to  such  fund  for  expenses
related to the maintenance and preservation of state assets:
  1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
  2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
  3. $366,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
  4.  $513,000  from  the  miscellaneous  special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
  5. $159,000 from the miscellaneous special revenue fund,  western  New
York veterans' home account (22143).
  6.  $323,000  from  the  miscellaneous  special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
  7. $2,550,000 from the  miscellaneous  special  revenue  fund,  patron
services account (22163).
  8.  $7,300,000  from  the  miscellaneous  special  revenue fund, state
university general income reimbursable account (22653).
  9. $132,000,000 from the miscellaneous  special  revenue  fund,  state
university revenue offset account (22655).
  10. $48,000,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
  11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
  §  22.  Notwithstanding  any  provision of law to the contrary, in the
event that federal  legislation,  federal  regulatory  actions,  federal
executive  actions  or  federal  judicial actions in federal fiscal year
2021 reduce federal financial participation in Medicaid funding  to  New
York  state  or its subdivisions by $850 million or more in state fiscal
years 2020-21 or 2021-22, the director of the  division  of  the  budget
shall  notify  the  temporary president of the senate and the speaker of
the assembly in writing that the federal actions  will  reduce  expected
funding  to  New  York state. The director of the division of the budget
shall prepare a plan that shall be submitted to the  legislature,  which
shall (a) specify the total amount of the reduction in federal financial
participation  in Medicaid, (b) itemize the specific programs and activ-
ities that will be  affected  by  the  reduction  in  federal  financial
participation  in  Medicaid, and (c) identify the general fund and state
special revenue fund appropriations and related disbursements that shall
be reduced, and in what program  areas,  provided,  however,  that  such
reductions  to appropriations and disbursements shall be applied equally
and proportionally to the programs affected by the reduction in  federal
financial  participation in Medicaid. Upon such submission, the legisla-
ture shall have 90 days after such submission to either prepare its  own
plan, which may be adopted by concurrent resolution passed by both hous-
es,  or  if after 90 days the legislature fails to adopt their own plan,
the reductions to the general fund and state special revenue fund appro-
priations and related disbursements identified in the  division  of  the
budget plan will go into effect automatically.

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

  §  23.  Notwithstanding  any  provision of law to the contrary, in the
event that federal  legislation,  federal  regulatory  actions,  federal
executive  actions  or  federal  judicial actions in federal fiscal year
2021 reduce federal financial participation  or  other  federal  aid  in
funding  to New York state that affects the state operating funds finan-
cial plan by $850 million or more  in  state  fiscal  years  2020-21  or
2021-22, exclusive of any cuts to Medicaid, the director of the division
of the budget shall notify the temporary president of the senate and the
speaker  of the assembly in writing that the federal actions will reduce
expected funding to New York state. The director of the division of  the
budget  shall prepare a plan that shall be submitted to the legislature,
which shall (a) specify the total amount of  the  reduction  in  federal
aid,  (b)  itemize  the  specific  programs  and activities that will be
affected by the federal reductions, exclusive of Medicaid, and (c) iden-
tify the general fund and state special revenue fund appropriations  and
related  disbursements that shall be reduced, and in what program areas,
provided, however, that such reductions to appropriations and  disburse-
ments shall be applied equally and proportionally. Upon such submission,
the  legislature  shall  have  90  days  after such submission to either
prepare its own plan, which may  be  adopted  by  concurrent  resolution
passed  by  both  houses,  or  if after 90 days the legislature fails to
adopt their own plan, the reductions  to  the  general  fund  and  state
special revenue fund appropriations and related disbursements identified
in the division of the budget plan will go into effect automatically.
  §  24.  Notwithstanding  any  provision of law to the contrary, if the
financial plan required under sections  twenty-two  or  twenty-three  of
this  article  estimates that the General Fund is reasonably anticipated
to end the fiscal year with an imbalance of $500 million  or  more,  the
director  of  the division of the budget shall prepare a plan that shall
be submitted to the legislature, which shall identify the  general  fund
and  state  special  revenue  fund  aid to localities appropriations and
related disbursements that may be reduced  to  eliminate  the  imbalance
identified  in  the  General  Fund,  provided,  however,  that the total
reduction in disbursements identified in such plan shall not  exceed  an
amount  equal to 1.0 percent of estimated disbursements in state operat-
ing funds for fiscal year 2020-2021. The legislature shall have 30  days
after  such  submission  to  either  prepare  its own plan, which may be
adopted by concurrent resolution passed by both houses  and  implemented
by the division of the budget, of if after 30 days the legislature fails
to  adopt  its  own  plan,  the reductions to the general fund and state
special revenue  fund  aid  to  localities  appropriations  and  related
disbursements identified in the division of the budget plan will go into
effect  automatically.  To  the  extent  the  State is obligated to make
payment to any individual or entity pursuant  to  any  appropriation  to
which  an  adjustment  or  reduction  is applied in accordance with this
section, such obligation shall be reduced commensurate with any  adjust-
ments  or  reductions  made  by the director of the budget and/or by the
legislature. The following types of appropriations shall be exempt  from
reduction  in  any  plan prepared by the budget director and/or any plan
adopted by the legislature: (a) public assistance payments for  families
and  individuals  and  payments  for  eligible  aged, blind and disabled
persons related to supplemental social security; (b) any reductions that
would violate federal law; (c) payments  of  debt  service  and  related
expenses  for  which the state is constitutionally obligated to pay debt
service or is contractually obligated to pay debt service, subject to an
appropriation, including where the state has  a  contingent  contractual

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

obligation;  and (d) payments the state is obligated to make pursuant to
court orders or judgments.
  §  25. Subdivision 6 of section 4 of the state finance law, as amended
by section 25 of part BBB of chapter 59 of the laws of 2018, is  amended
to read as follows:
  6.  Notwithstanding  any  law to the contrary, at the beginning of the
state fiscal year,  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the  credit of a fund and/or an
account such monies as are identified by the director of the  budget  as
having been intended for such deposit to support disbursements from such
fund  and/or  account  made  in pursuance of an appropriation by law. As
soon as practicable upon enactment of the budget, the  director  of  the
budget  shall,  but  not  less  than  three  days  following preliminary
submission to the chairs of the senate finance committee and the  assem-
bly  ways  and means committee, file with the state comptroller an iden-
tification of specific monies to be so deposited. Any subsequent  change
regarding  the  monies to be so deposited shall be filed by the director
of the budget, as soon as practicable, but  not  less  than  three  days
following  preliminary  submission  to  the chairs of the senate finance
committee and the assembly ways and means committee.
  All monies identified by the director of the budget to be deposited to
the credit of a fund and/or account shall be consistent with the  intent
of  the  budget for the then current state fiscal year as enacted by the
legislature.
  [The provisions of this subdivision  shall  expire  on  March  thirty-
first, two thousand twenty.]
  § 26. Subdivision 4 of section 40 of the state finance law, as amended
by  section 26 of part BBB of chapter 59 of the laws of 2018, is amended
to read as follows:
  4. Every appropriation made from a fund or account to a department  or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications  expenses  and  expenses  for  other centralized services fund
programs without limit. Every appropriation shall also be available  for
the  payment  of  prior  years'  liabilities  other than those indicated
above, but only to the extent of one-half of one percent  of  the  total
amount appropriated to a department or agency in such fund or account.
  [The  provisions  of this subdivision shall expire March thirty-first,
two thousand twenty.]
  § 27. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary, the state comptroller is hereby authorized and directed to use
any  balance  remaining  in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical  care  facilities  finance  agency,  and  the
facilities development corporation pursuant to chapter 83 of the laws of
1995  and  the  department  of  mental hygiene for the purpose of making
payments to the dormitory authority of the state of  New  York  for  the
amount  of  the  earnings  for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to  the  provisions  of
the  internal  revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal  income  taxation  on  the
interest paid to the holders of such agency's mental services facilities
improvement  revenue  bonds.  Annually on or before each June 30th, such

S. 7505--A                         94                         A. 9505--A

agency shall certify to the state comptroller its determination  of  the
amounts  received  in the mental health services fund as a result of the
investment of monies deposited therein that  will  or  may  have  to  be
rebated  to  the  federal  government  pursuant to the provisions of the
internal revenue code of 1986, as amended.
  § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating  to  the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 28 of part TTT of chapter 59 of the laws of 2019, is amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal  amount  not  to exceed [eight billion four hundred
ninety-four million nine hundred seventy-nine  thousand]  EIGHT  BILLION
EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY-NINE THOUSAND dollars
[$8,494,979,000]  $8,817,299,000, and shall include all bonds, notes and
other obligations issued pursuant to chapter 56 of the laws of 1983,  as
amended  or  supplemented.  The  proceeds  of such bonds, notes or other
obligations shall be paid to the state, for deposit in the  correctional
facilities capital improvement fund to pay for all or any portion of the
amount  or  amounts paid by the state from appropriations or reappropri-
ations made to the department of corrections and  community  supervision
from  the  correctional  facilities capital improvement fund for capital
projects. The aggregate amount of  bonds,  notes  or  other  obligations
authorized  to  be  issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or  otherwise  repay  bonds,
notes  or  other  obligations  theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts  expended  by
the state from appropriations or reappropriations made to the department
of  corrections  and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount  of
outstanding bonds, notes or other obligations may be greater than [eight
billion four hundred ninety-four million nine hundred seventy-nine thou-
sand]  EIGHT BILLION EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY-
NINE THOUSAND dollars [$8,494,979,000] $8,817,299,000, only if the pres-
ent value of the aggregate debt service of the  refunding  or  repayment
bonds,  notes  or  other  obligations  to be issued shall not exceed the
present value of the aggregate debt service of the bonds, notes or other
obligations so to be refunded or repaid. For the  purposes  hereof,  the
present  value  of the aggregate debt service of the refunding or repay-
ment bonds, notes or other obligations and of the aggregate debt service
of the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding  or
repayment  bonds,  notes  or other obligations, which shall be that rate
arrived at by doubling the semi-annual interest rate  (compounded  semi-
annually) necessary to discount the debt service payments on the refund-
ing  or  repayment  bonds,  notes  or other obligations from the payment
dates thereof to the date of issue of the refunding or repayment  bonds,
notes  or  other  obligations  and  to the price bid including estimated
accrued interest or proceeds received by the corporation including esti-
mated accrued interest from the sale thereof.
  § 29. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
laws  of  2005,  relating to providing for the administration of certain
funds and accounts related  to  the  2005-2006  budget,  as  amended  by

S. 7505--A                         95                         A. 9505--A

section  32 of part TTT of chapter 59 of the laws of 2019, is amended to
read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban  devel-
opment  corporation  is hereby authorized to issue bonds or notes in one
or more series in an aggregate  principal  amount  not  to  exceed  [two
hundred  seventy-one million six hundred thousand] THREE HUNDRED TWENTY-
THREE MILLION ONE HUNDRED THOUSAND dollars [$271,600,000]  $323,100,000,
excluding  bonds  issued  to  finance  one  or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued,  for
the  purpose  of financing capital projects including IT initiatives for
the division of state police, debt service and leases; and to  reimburse
the  state  general fund for disbursements made therefor. Such bonds and
notes of such authorized issuer shall not be a debt of  the  state,  and
the  state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to such  authorized
issuer  for  debt  service  and related expenses pursuant to any service
contract executed pursuant to subdivision (b) of this section  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  §  30.  Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 35 of part TTT of chapter 59 of the laws of  2019,
is amended to read as follows:
  3.  The  maximum amount of bonds that may be issued for the purpose of
financing  environmental  infrastructure  projects  authorized  by  this
section  shall  be  [five  billion  six hundred thirty-eight million ten
thousand] SIX BILLION THREE HUNDRED SEVENTY-FOUR  MILLION  TEN  THOUSAND
dollars  [$5,638,010,000]  $6,374,010,000,  exclusive of bonds issued to
fund any debt service reserve funds,  pay  costs  of  issuance  of  such
bonds,  and  bonds or notes issued to refund or otherwise repay bonds or
notes previously issued. Such bonds and notes of the  corporation  shall
not  be  a debt of the state, and the state shall not be liable thereon,
nor shall they be payable out of any funds other than those appropriated
by the state to the corporation for debt service  and  related  expenses
pursuant  to  any service contracts executed pursuant to subdivision one
of this section, and such bonds and notes  shall  contain  on  the  face
thereof a statement to such effect.
  §  31.    Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the  administration  of  certain
funds  and  accounts  related  to  the  2002-2003  budget, as amended by
section 36 of part TTT of chapter 59 of the laws of 2019, is amended  to
read as follows:
  (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of  the  urban  development
corporation  act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  [two  hundred eighty-six million] THREE HUNDRED FOURTEEN MILLION
dollars [$286,000,000] $314,000,000, excluding bonds issued to fund  one
or  more  debt  service  reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing  capital  costs
related to homeland security and training facilities for the division of
state  police, the division of military and naval affairs, and any other

S. 7505--A                         96                         A. 9505--A

state agency, including the reimbursement of any disbursements made from
the state capital projects fund, and is hereby authorized to issue bonds
or notes in one or more series in an aggregate principal amount  not  to
exceed  [$952,800,000 nine hundred fifty-two million eight hundred thou-
sand] $1,115,800,000 ONE  BILLION  ONE  HUNDRED  FIFTEEN  MILLION  EIGHT
HUNDRED  THOUSAND  dollars,  excluding  bonds issued to fund one or more
debt service reserve funds, to pay costs of issuance of such bonds,  and
bonds  or  notes issued to refund or otherwise repay such bonds or notes
previously issued, for the purpose of financing  improvements  to  State
office  buildings  and other facilities located statewide, including the
reimbursement of any disbursements made from the state capital  projects
fund. Such bonds and notes of the corporation shall not be a debt of the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
the  corporation  for  debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision (b) of this  section,
and  such  bonds and notes shall contain on the face thereof a statement
to such effect.
  § 32. Paragraph (c) of subdivision 19 of section 1680  of  the  public
authorities  law,  as amended by section 38 of part TTT of chapter 59 of
the laws of 2019, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any  bonds  for  state
university  educational  facilities  purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on  and  after  July  first,  nineteen
hundred  eighty-eight  for  state university educational facilities will
exceed [thirteen billion eight hundred forty-one million  eight  hundred
sixty-four  thousand]  FOURTEEN  BILLION SEVEN HUNDRED FORTY-ONE MILLION
EIGHT   HUNDRED   SIXTY-FOUR    THOUSAND    dollars    [$13,841,864,000]
$14,741,864,000;  provided,  however,  that bonds issued or to be issued
shall be excluded from such limitation if: (1) such bonds are issued  to
refund   state   university  construction  bonds  and  state  university
construction notes previously issued by the housing finance  agency;  or
(2)  such  bonds  are  issued  to refund bonds of the authority or other
obligations issued for state university educational facilities  purposes
and  the  present  value  of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two  and
March  thirty-first,  nineteen  hundred  ninety-three will generate long
term economic benefits to the state, as  assessed  on  a  present  value
basis,  such  issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of  the
aggregate  debt  service  of  the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that  rate  arrived
at  by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the  refunding  bonds
from  the  payment  dates  thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds,  including  interest
accrued  thereon  prior  to  the  issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding  bonds,  shall  not
exceed  the  weighted  average  economic life, as certified by the state
university construction fund, of the facilities in connection with which

S. 7505--A                         97                         A. 9505--A

the bonds are issued, and in any case not  later  than  the  earlier  of
thirty  years  or  the  expiration of the term of any lease, sublease or
other agreement relating  thereto;  provided  that  no  note,  including
renewals  thereof,  shall mature later than five years after the date of
issuance of such note. The legislature reserves the right  to  amend  or
repeal  such  limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university  construction
fund are prohibited from covenanting or making any other agreements with
or  for  the  benefit  of bondholders which might in any way affect such
right.
  § 33. Paragraph (c) of subdivision 14 of section 1680  of  the  public
authorities  law,  as amended by section 39 of part TTT of chapter 59 of
the laws of 2019, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall  not  deliver  a  series  of
bonds for city university community college facilities, except to refund
or  to  be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of  the
dormitory  authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount  of
bonds  so  to  be  issued  when  added to all principal amounts of bonds
previously issued by the dormitory authority for city university  commu-
nity  college  facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college  facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii)  the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college  facilities,
pursuant  to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except  to  refund  or  to  be
substituted for or in lieu of other bonds in relation to city university
facilities  and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to  July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to  be  issued  when  added  to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other  bonds  in  relation  to  city
university  facilities,  will exceed [eight billion six hundred seventy-
four million two hundred fifty-six thousand] NINE  BILLION  TWO  HUNDRED
TWENTY-TWO   MILLION   SEVEN   HUNDRED   THIRTY-TWO   THOUSAND   dollars
[$8,674,256,000 ] $9,222,732,000. The legislature reserves the right  to
amend  or  repeal  such  limit, and the state of New York, the dormitory
authority, the city university, and the fund are prohibited from  coven-
anting  or  making any other agreements with or for the benefit of bond-
holders which might in any way affect such right.
  § 34. Subdivision 10-a of section 1680 of the public authorities  law,
as  amended by section 40 of part TTT of chapter 59 of the laws of 2019,
is amended to read as follows:
  10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
two  thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in  relation  to
any  locally  sponsored  community  college,  shall be [one billion five
million six hundred two thousand]  ONE  BILLION  FIFTY-ONE  MILLION  SIX
HUNDRED  FORTY  THOUSAND  dollars  [$1,005,602,000] $1,051,640,000. Such
amount shall be exclusive of bonds and notes issued to fund any  reserve
fund or funds, costs of issuance and to refund any outstanding bonds and

S. 7505--A                         98                         A. 9505--A

notes,  issued  on  behalf of the state, relating to a locally sponsored
community college.
  § 35. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of  1997,  relating  to  the  financing  of  the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  41 of part TTT of chapter 59 of the laws of 2019, is amended to
read as follows:
  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate principal amount not to  exceed  eight  hundred  [four]  FORTY
million  [six]  THREE  hundred  fifteen  thousand dollars [$804,615,000]
$840,315,000, which  authorization  increases  the  aggregate  principal
amount of bonds, notes and other obligations authorized by section 40 of
chapter  309 of the laws of 1996, and shall include all bonds, notes and
other obligations issued pursuant to chapter 211 of the laws of 1990, as
amended or supplemented. The proceeds of  such  bonds,  notes  or  other
obligations shall be paid to the state, for deposit in the youth facili-
ties  improvement  fund,  to pay for all or any portion of the amount or
amounts paid by the state from appropriations or  reappropriations  made
to  the office of children and family services from the youth facilities
improvement fund for capital projects. The aggregate  amount  of  bonds,
notes  and  other  obligations  authorized to be issued pursuant to this
section shall exclude bonds, notes or other obligations issued to refund
or otherwise repay bonds, notes or other obligations theretofore issued,
the proceeds of which were paid to the state for all or a portion of the
amounts expended by the state from  appropriations  or  reappropriations
made  to  the office of children and family services; provided, however,
that upon any such refunding or repayment the total aggregate  principal
amount  of  outstanding bonds, notes or other obligations may be greater
than eight hundred [four] FORTY  million  [six]  THREE  hundred  fifteen
thousand  dollars [$804,615,000] $840,315,000, only if the present value
of the aggregate debt service of the refunding or repayment bonds, notes
or other obligations to be issued shall not exceed the present value  of
the  aggregate  debt service of the bonds, notes or other obligations so
to be refunded or repaid. For the purposes hereof, the present value  of
the aggregate debt service of the refunding or repayment bonds, notes or
other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds, notes or other obligations, which shall be that rate  arrived  at
by  doubling  the  semi-annual  interest rate (compounded semi-annually)
necessary to discount the debt service  payments  on  the  refunding  or
repayment bonds, notes or other obligations from the payment dates ther-
eof  to  the date of issue of the refunding or repayment bonds, notes or
other obligations and to  the  price  bid  including  estimated  accrued
interest  or  proceeds  received  by the corporation including estimated
accrued interest from the sale thereof.
  § 36. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 42 of part TTT
of chapter 59 of the laws of 2019, is amended to read as follows:
  b.  The  agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity  with  applicable
provisions  of  the uniform commercial code in such principal amount as,

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

in the opinion of the agency, shall  be  necessary,  after  taking  into
account  other moneys which may be available for the purpose, to provide
sufficient funds to  the  facilities  development  corporation,  or  any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of  mental  health  services  facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services  improve-
ment  bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and  notes,
the  cost  or  premium  of  bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service  that  would  be
payable  by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the  agency  incident
to  and  necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for  the  financing  or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing  finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds  and  mental  health
services  facilities  improvement notes in an aggregate principal amount
exceeding [nine billion three hundred thirty-three million three hundred
eight thousand] NINE  BILLION  NINE  HUNDRED  TWENTY-SEVEN  MILLION  TWO
HUNDRED  SEVENTY-SIX  THOUSAND  dollars [$9,333,308,000] $9,927,276,000,
excluding mental health services facilities improvement bonds and mental
health services facilities improvement notes issued to refund  outstand-
ing  mental  health  services  facilities  improvement  bonds and mental
health services facilities improvement notes;  provided,  however,  that
upon  any  such refunding or repayment of mental health services facili-
ties improvement bonds and/or mental health services facilities improve-
ment notes the total aggregate principal amount  of  outstanding  mental
health  services  facilities improvement bonds and mental health facili-
ties improvement notes may be greater than [nine billion  three  hundred
thirty-three  million  three  hundred  eight thousand] NINE BILLION NINE
HUNDRED TWENTY-SEVEN MILLION TWO HUNDRED  SEVENTY-SIX  THOUSAND  dollars
[$9,333,308,000] $9,927,276,000, only if, except as hereinafter provided
with  respect  to  mental  health  services  facilities bonds and mental
health  services  facilities  notes  issued  to  refund  mental  hygiene
improvement  bonds authorized to be issued pursuant to the provisions of
section 47-b of the private housing finance law, the  present  value  of
the  aggregate  debt  service  of the refunding or repayment bonds to be
issued shall not exceed the present value of the aggregate debt  service
of  the bonds to be refunded or repaid. For purposes hereof, the present
values of the aggregate debt  service  of  the  refunding  or  repayment
bonds,  notes  or other obligations and of the aggregate debt service of
the bonds, notes or other obligations so refunded or  repaid,  shall  be
calculated  by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall  be  that  rate
arrived  at  by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-
ing or repayment bonds, notes or  other  obligations  from  the  payment
dates  thereof to the date of issue of the refunding or repayment bonds,
notes or other obligations and to  the  price  bid  including  estimated
accrued  interest  or proceeds received by the authority including esti-
mated accrued interest from the sale thereof.  Such  bonds,  other  than
bonds  issued  to refund outstanding bonds, shall be scheduled to mature

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

over a term not to exceed the average useful life, as certified  by  the
facilities  development corporation, of the projects for which the bonds
are issued, and in any case shall not exceed thirty years and the  maxi-
mum  maturity  of  notes  or  any renewals thereof shall not exceed five
years from the date of the original issue of such notes. Notwithstanding
the provisions of this section, the agency shall have the power  and  is
hereby authorized to issue mental health services facilities improvement
bonds  and/or  mental  health  services  facilities improvement notes to
refund outstanding mental hygiene improvement  bonds  authorized  to  be
issued pursuant to the provisions of section 47-b of the private housing
finance  law  and  the  amount  of  bonds issued or outstanding for such
purposes shall not be included for purposes of determining the amount of
bonds issued pursuant to this section. The director of the budget  shall
allocate  the  aggregate principal authorized to be issued by the agency
among the office of mental health, office for people with  developmental
disabilities,   and  the  office  of  [alcoholism  and  substance  abuse
services] ADDICTION SERVICES AND SUPPORTS, in  consultation  with  their
respective  commissioners  to finance bondable appropriations previously
approved by the legislature.
  § 37. Subdivision (a) of section 28 of part Y of  chapter  61  of  the
laws  of  2005,  relating to providing for the administration of certain
funds and accounts related  to  the  2005-2006  budget,  as  amended  by
section  43 of part TTT of chapter 59 of the laws of 2019, is amended to
read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any  provisions  of  law  to  the contrary, one or more
authorized issuers as defined by section 68-a of the state  finance  law
are  hereby  authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to  exceed  [ninety-two  million]  ONE
HUNDRED  FIFTY-SEVEN MILLION dollars [$92,000,000] $157,000,000, exclud-
ing bonds issued to finance one or more debt service reserve  funds,  to
pay costs of issuance of such bonds, and bonds or notes issued to refund
or  otherwise  repay  such  bonds  or  notes  previously issued, for the
purpose of financing capital projects for public  protection  facilities
in  the Division of Military and Naval Affairs, debt service and leases;
and to reimburse the state general fund for disbursements made therefor.
Such bonds and notes of such authorized issuer shall not be  a  debt  of
the  state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
such authorized issuer for debt service and related expenses pursuant to
any  service  contract  executed  pursuant  to  subdivision  (b) of this
section and such bonds and notes shall contain on  the  face  thereof  a
statement  to  such  effect.  Except  for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  § 38. Section 53 of section 1 of chapter 174  of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, as
added by section 46 of part TTT of chapter 59 of the laws  of  2019,  is
amended to read as follows:
  §  53.  1.  Notwithstanding  the  provisions  of  any other law to the
contrary, the dormitory authority and the urban development  corporation
are  hereby authorized to issue bonds or notes in one or more series for
the purpose of funding project costs for the acquisition  of  equipment,
including  but  not limited to the creation or modernization of informa-
tion technology systems and related research and development  equipment,
health and safety equipment, heavy equipment and machinery, the creation

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

or  improvement  of security systems, and laboratory equipment and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued  pursuant  to  this  section
shall not exceed [ninety-three million] ONE HUNDRED NINETY-THREE MILLION
dollars  [$93,000,000]  $193,000,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or  notes  previously  issued.  Such  bonds  and  notes of the dormitory
authority and the urban development corporation shall not be a  debt  of
the  state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
the  dormitory authority and the urban development corporation for prin-
cipal, interest, and related expenses pursuant to a service contract and
such bonds and notes shall contain on the face thereof  a  statement  to
such  effect. Except for purposes of complying with the internal revenue
code, any interest income earned on bond proceeds shall only be used  to
pay debt service on such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the dormitory authority and the urban development corpo-
ration in undertaking the financing for project costs for  the  acquisi-
tion  of equipment, including but not limited to the creation or modern-
ization of information  technology  systems  and  related  research  and
development  equipment, health and safety equipment, heavy equipment and
machinery, the creation or improvement of security systems, and  labora-
tory  equipment  and  other  state  costs  associated  with such capital
projects, the director of the budget is hereby authorized to enter  into
one or more service contracts with the dormitory authority and the urban
development  corporation,  none  of  which  shall exceed thirty years in
duration, upon such terms and conditions as the director of  the  budget
and the dormitory authority and the urban development corporation agree,
so  as  to  annually  provide  to  the dormitory authority and the urban
development corporation, in the aggregate, a sum not to exceed the prin-
cipal, interest, and related expenses required for such bonds and notes.
Any service contract entered into pursuant to this section shall provide
that the obligation of the state to  pay  the  amount  therein  provided
shall  not  constitute  a  debt  of  the state within the meaning of any
constitutional or statutory provision and shall be deemed executory only
to the extent of  monies  available  and  that  no  liability  shall  be
incurred  by  the  state  beyond  the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
any payments made or to be made thereunder may be assigned  and  pledged
by  the  dormitory  authority  and  the urban development corporation as
security for its bonds and notes, as authorized by this section.
  § 39. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 1 of part K of chapter 39 of the laws of 2019, is amended  to
read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide  for  state  commitments  to  provide
annually  to  the  thruway  authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to  fund  or  to  reimburse  the

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

state  for  funding  such  projects  having a cost not in excess of [ten
billion eight hundred five million seven hundred seventy-eight thousand]
ELEVEN BILLION TWO HUNDRED EIGHTY-THREE MILLION  FIVE  HUNDRED  SEVENTY-
FIVE  THOUSAND dollars [$10,805,778,000] $11,283,575,000 cumulatively by
the end of fiscal year [2019-20] 2020-21.
  § 40. Subdivision 1 of section 1689-i of the public  authorities  law,
as  amended by section 2 of part K of chapter 39 of the laws of 2019, is
amended to read as follows:
  1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
request  of  the  commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified  by  such  commissioner  not  to
exceed  a  total  principal amount of two hundred [fifty-one] SIXTY-FIVE
million dollars [$251,000,000] $265,000,000.
  § 41. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
constituting  the  New  York state urban development corporation act, as
amended by section 3 of part K of chapter 39 of the  laws  of  2019,  is
amended to read as follows:
  §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one  or
more  series  for  the purpose of funding project costs for the regional
economic development council  initiative,  the  economic  transformation
program,  state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo  or  surrounding  envi-
rons,  the  New  York  works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the  clarkson-trudeau  partnership,  the  New
York  genome  center, the cornell university college of veterinary medi-
cine, the olympic  regional  development  authority,  projects  at  nano
Utica,  onondaga  county  revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects,  high  tech  innovation  and  economic
development   infrastructure   program,  high  technology  manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development facility in Clinton county,  upstate  revitalization  initi-
ative  projects,  downstate  revitalization  initiative, market New York
projects, fairground buildings, equipment or facilities  used  to  house
and  promote  agriculture,  the  state fair, the empire state trail, the
moynihan station development project, the  Kingsbridge  armory  project,
strategic  economic  development projects, the cultural, arts and public
spaces fund, water infrastructure in the city  of  Auburn  and  town  of
Owasco,  a  life  sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural  facili-
ties  improvement  program,  restore  New York's communities initiative,
heavy  equipment,  economic  development  and  infrastructure  projects,
Roosevelt  Island  operating  corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit  projects  and
other state costs associated with such projects. The aggregate principal
amount  of  bonds authorized to be issued pursuant to this section shall
not exceed [nine billion eight hundred twenty-one  million  six  hundred
thirty-six thousand] TEN BILLION THREE HUNDRED THIRTY-FOUR MILLION EIGHT
HUNDRED  FIFTY-ONE  THOUSAND  dollars  [$9,821,636,000] $10,334,851,000,
excluding bonds issued to fund one or more debt service  reserve  funds,
to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes  previously  issued.  Such

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

bonds and notes of the dormitory authority and the corporation shall not
be  a  debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated  by
the  state to the dormitory authority and the corporation for principal,
interest, and related expenses pursuant to a service contract  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional  economic  develop-
ment  council  initiative,  the  economic  transformation program, state
university of New York college for nanoscale  and  science  engineering,
projects  within  the  city  of Buffalo or surrounding environs, the New
York works economic development fund,  projects  for  the  retention  of
professional  football  in  western  New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York  genome
center, the cornell university college of veterinary medicine, the olym-
pic  regional  development  authority,  projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of  pharma-
cy,  New  York  power  electronics  manufacturing  consortium,  regional
infrastructure projects, New York State Capital Assistance  Program  for
Transportation,  infrastructure,  and  economic  development,  high tech
innovation and economic development infrastructure program,  high  tech-
nology  manufacturing  projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or  facilities
used  to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge  armory
project, strategic economic development projects, the cultural, arts and
public  spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural  facili-
ties  improvement  program,  restore  New York's communities initiative,
heavy  equipment,  economic  development  and  infrastructure  projects,
Roosevelt  Island  operating  corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit  projects  and
other  state  costs  associated  with  such projects the director of the
budget is hereby authorized to enter into one or more service  contracts
with  the  dormitory  authority and the corporation, none of which shall
exceed thirty years in duration, upon such terms and conditions  as  the
director  of  the budget and the dormitory authority and the corporation
agree, so as to annually provide to  the  dormitory  authority  and  the
corporation, in the aggregate, a sum not to exceed the principal, inter-
est, and related expenses required for such bonds and notes. Any service
contract  entered  into  pursuant to this section shall provide that the
obligation of the state to pay the amount  therein  provided  shall  not
constitute  a debt of the state within the meaning of any constitutional
or statutory provision and shall be deemed executory only to the  extent
of monies available and that no liability shall be incurred by the state
beyond  the  monies available for such purpose, subject to annual appro-
priation by the legislature. Any such contract or any payments  made  or
to  be  made  thereunder  may  be  assigned and pledged by the dormitory

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

authority and the corporation as security for its bonds  and  notes,  as
authorized by this section.
  § 42. Subdivision 1 of section 386-b of the public authorities law, as
amended  by  section  4  of part K of chapter 39 of the laws of 2019, is
amended to read as follows:
  1. Notwithstanding any other provision of law  to  the  contrary,  the
authority, the dormitory authority and the urban development corporation
are  hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge  projects  and  capital  costs  of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture   projects   including  aviation  projects,  non-MTA  mass  transit
projects, and rail service preservation projects, including work  appur-
tenant  and  ancillary  thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed  [four
billion  six  hundred  forty-eight  million]  SIX  BILLION  NINE HUNDRED
FORTY-TWO   MILLION   FOUR   HUNDRED   SIXTY-THREE   THOUSAND    dollars
[$4,648,000,000]  $6,942,463,000,  excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and to refund or otherwise repay such bonds or notes previously  issued.
Such  bonds  and notes of the authority, the dormitory authority and the
urban development corporation shall not be a debt of the state, and  the
state  shall not be liable thereon, nor shall they be payable out of any
funds other than those appropriated by the state to the  authority,  the
dormitory authority and the urban development corporation for principal,
interest,  and  related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a  statement  to  such
effect. Except for purposes of complying with the internal revenue code,
any  interest  income  earned on bond proceeds shall only be used to pay
debt service on such bonds.
  § 43. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
housing  finance law, as amended by section 8 of part K of chapter 39 of
the laws of 2019, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage  the  promotion  of  housing
programs  and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby  author-
ized  from  time  to  time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to  provide  suffi-
cient  funds  for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making  capital  appropri-
ations  or  reappropriations  for  the  purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in  an
aggregate principal amount not exceeding [six billion two hundred ninety
million  five  hundred  ninety-nine  thousand]  SIX BILLION FIVE HUNDRED
THIRTY-ONE  MILLION   FIVE   HUNDRED   TWENTY-THREE   THOUSAND   dollars
[$6,290,599,000] $6,531,523,000, plus a principal amount of bonds issued
to  fund  the  debt  service  reserve  fund  in accordance with the debt
service reserve fund requirement established by the agency and  to  fund
any  other  reserves  that the agency reasonably deems necessary for the
security or marketability of such bonds and to provide for  the  payment
of   fees  and  other  charges  and  expenses,  including  underwriters'
discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
enhancement  and  liquidity  enhancement related to the issuance of such
bonds and notes. No reserve fund  securing  the  housing  program  bonds
shall  be  entitled  or  eligible  to receive state funds apportioned or

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

appropriated to maintain or restore such reserve fund at or to a partic-
ular level, except to the extent of any deficiency resulting directly or
indirectly from a failure of the state to appropriate or pay the  agreed
amount  under  any  of the contracts provided for in subdivision four of
this section.
  § 44. Subdivision 1 of section 50 of section 1 of chapter 174  of  the
laws  of  1968, constituting the New York state urban development corpo-
ration act, as amended by section 5 of part K of chapter 39 of the  laws
of 2019, is amended to read as follows:
  1.  Notwithstanding  the  provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs undertaken by  or  on  behalf  of  special  act
school  districts,  state-supported  schools  for  the  blind  and deaf,
approved private special education schools, non-public schools, communi-
ty centers, day care facilities, residential camps, day camps, and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued  pursuant  to  this  section
shall  not  exceed  one  hundred  [thirty]  FIFTY-FIVE  million  dollars
[$130,000,000] $155,000,000, excluding bonds issued to fund one or  more
debt  service reserve funds, to pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay such bonds  or  notes
previously  issued.  Such bonds and notes of the dormitory authority and
the urban development corporation shall not be a debt of the state,  and
the  state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state  to  the  dormitory
authority and the urban development corporation for principal, interest,
and  related  expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof  a  statement  to  such  effect.
Except  for  purposes  of  complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to  pay  debt
service on such bonds.
  §45.  Subdivision  1  of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration  act,  as  amended by section 27 of part TTT of chapter 59 of the
laws of 2019, is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  dormitory  authority  and  the corporation are hereby authorized to
issue bonds or notes in one or more series for the  purpose  of  funding
project costs for the office of information technology services, depart-
ment  of  law,  and  other  state  costs  associated  with  such capital
projects. The aggregate principal  amount  of  bonds  authorized  to  be
issued  pursuant  to  this  section shall not exceed [six] EIGHT hundred
[seventy-seven]  THIRTY  million  [three  hundred]  fifty-four  thousand
dollars,  [$677,354,000] $830,054,000 excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or  notes  previously  issued.  Such  bonds  and  notes of the dormitory
authority and the corporation shall not be a debt of the state, and  the
state  shall not be liable thereon, nor shall they be payable out of any
funds other than those  appropriated  by  the  state  to  the  dormitory
authority  and  the  corporation  for  principal,  interest, and related
expenses pursuant to a service contract and such bonds and  notes  shall
contain  on  the  face  thereof  a  statement to such effect. Except for
purposes of complying with  the  internal  revenue  code,  any  interest

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

income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  §  46.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
finance law, as amended by section 43 of part XXX of chapter 59  of  the
laws of 2017, is amended to read as follows:
  (b)  On  or  before the beginning of each quarter, the director of the
budget may certify to the state  comptroller  the  estimated  amount  of
monies  that  shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding  payments  due  from  the
revenue  bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law  to  the  contrary,  the
state  comptroller  shall  reserve  in the general debt service fund the
amount of monies identified on such certificate  as  necessary  for  the
payment  of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved  shall
not  be  available  for  any  other  purpose.  Such certificate shall be
reported to the chairpersons of the Senate  Finance  Committee  and  the
Assembly  Ways  and  Means  Committee. [The provisions of this paragraph
shall expire June thirtieth, two thousand twenty.]
  § 47. Section 2 of the state finance law is amended by  adding  a  new
subdivision 1-a to read as follows:
  1-A.  "BUSINESS  DAY".  ANY  DAY  OF THE YEAR WHICH IS NOT A SATURDAY,
SUNDAY OR LEGAL HOLIDAY IN THE STATE OF NEW YORK AND NOT A DAY ON  WHICH
BANKS ARE AUTHORIZED OR OBLIGATED TO BE CLOSED IN THE CITY OF NEW YORK.
  §  48. Paragraph a of subdivision 4 of section 57 of the state finance
law, as amended by section 39 of part JJ of chapter 56 of  the  laws  of
2010, is amended to read as follows:
  a.  Such  bonds  shall  be sold at par, at par plus a premium, or at a
discount to the bidder offering the lowest interest cost to  the  state,
taking  into  consideration  any premium or discount and, in the case of
refunding bonds, the bona fide initial public offering price,  not  less
than  [four  nor more than fifteen days, Sundays excepted,] TWO BUSINESS
DAYS after THE PUBLICATION OF  a    notice  of  [such]  sale  [has  been
published] at least once in a definitive trade publication of the munic-
ipal  bond  industry  published on each business day in the state of New
York which is generally available IN  ELECTRONIC  OR  PHYSICAL  FORM  to
participants  in  the  municipal bond industry, which notice shall state
the terms of the sale. The comptroller may not change the terms  of  the
sale  unless  notice  of such change is sent via a definitive trade wire
service of the municipal bond industry which, in general,  makes  avail-
able  information regarding activity and sales of municipal bonds and is
generally available to participants in the municipal bond  industry,  at
least  one  hour  prior  to  the  time  of  the sale as set forth in the
original notice of sale. In so changing the terms  or  conditions  of  a
sale  the comptroller may send notice by such wire service that the sale
will be delayed by up to thirty days, provided that wire notice  of  the
new  sale  date will be given at least one business day prior to the new
time when bids will be accepted. In such event, no new  notice  of  sale
shall  be  required  to  be published. Notwithstanding the provisions of
section three hundred five of the state technology law or any other law,
if the notice of sale contains  a  provision  that  bids  will  only  be
accepted  electronically  in the manner provided in such notice of sale,
the comptroller shall not be required to accept non-electronic  bids  in
any  form.  Advertisements  shall contain a provision to the effect that
the state comptroller, in his or her discretion, may reject any  or  all

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

bids  made in pursuance of such advertisements, and in the event of such
rejection, the state comptroller is authorized to  negotiate  a  private
sale  or  readvertise for bids in the form and manner above described as
many  times  as,  in  his  or her judgment, may be necessary to effect a
satisfactory sale. Notwithstanding  the  foregoing  provisions  of  this
paragraph,  whenever in the judgment of the comptroller the interests of
the state will be served thereby, he or she  may  sell  state  bonds  at
private  sale at par, at par plus a premium, or at a discount. The comp-
troller shall promulgate regulations governing the terms and  conditions
of  any  such private sales, which regulations shall include a provision
that he or she give notice to the governor, the temporary  president  of
the  senate, and the speaker of the assembly, of his or her intention to
conduct a private sale of obligations pursuant to this section not  less
than [five] TWO BUSINESS days prior to such sale or the execution of any
binding agreement to effect such sale.
  §  49.  Subdivision  (a)  of section 211 of the civil practice law and
rules, as amended by chapter 267 of the laws of 1970, is amended to read
as follows:
  (a) On a bond. An action to recover principal or interest upon a writ-
ten instrument evidencing an indebtedness of the state of New York or of
any person, association or public  or  private  corporation,  originally
sold  by  the  issuer after publication of an advertisement for bids for
the issue in [a newspaper of general circulation] ELECTRONIC OR PHYSICAL
FORM and secured only by a pledge of the faith and credit of the issuer,
regardless of whether a sinking fund is or may be  established  for  its
redemption,  must  be  commenced  within twenty years after the cause of
action accrues. This subdivision does not apply to actions upon  written
instruments  evidencing  an indebtedness of any corporation, association
or person under the jurisdiction of the public service  commission,  the
commissioner  of transportation, the interstate commerce commission, the
federal communications commission,  the  civil  aeronautics  board,  the
federal power commission, or any other regulatory commission or board of
a  state  or  of the federal government. This subdivision applies to all
causes of action, including those barred on April  eighteenth,  nineteen
hundred  fifty,  by the provisions of the civil practice act then effec-
tive.
  § 50. The opening paragraph of subdivision 9 of section 8 of the state
finance law, as separately amended by chapters 405 and 957 of  the  laws
of 1981, is amended to read as follows:
  Make  a report to the legislature prior to the convening of its annual
session, containing a complete statement of  every  fund  of  the  state
including  every fund under the supervision or control of any department
or any officer or division, bureau, commission, board or other organiza-
tion therein from whatever source derived and whether or  not  deposited
in the treasury, other than the funds of moneyed corporations or private
bankers  in  liquidation  or rehabilitation, together with a citation of
the statute authorizing the creation or establishment of each such fund,
all balances of money and receipts and disbursements during the  preced-
ing  fiscal year PRESENTED IN ACCORDANCE WITH THE ACCOUNTING PRINCIPLES,
POLICIES, AND LEGISLATIVE INTENT, INCLUDING BUT NOT LIMITED  TO  REFUNDS
OF  APPROPRIATION, SET FORTH IN A BUDGET BILL ENACTED IN ACCORDANCE WITH
ARTICLE VII OF THE STATE CONSTITUTION, a statement  of  each  object  of
disbursement, the funds, if any, from which paid or to be paid, a sched-
ule  by month of the investments of cash not needed for day to day oper-
ations including but not limited to total investment income, the average
daily invested balance and related yields for each fund, and a statement

S. 7505--A                         108                        A. 9505--A

of all claims against the state presented to him where no  provision  or
an  insufficient provision for the payment thereof has been made by law,
with the facts relating thereto and his opinion thereon, and  suggesting
plans  for  the  improvement and management of the public resources, and
containing such other information and recommendations  relating  to  the
fiscal  affairs  of the state, as in his judgment should be communicated
to the legislature, provided that:
  § 51. Paragraph a of subdivision 9-a of section 8 of the state finance
law, as amended by chapter 551 of the laws of 1989, is amended  to  read
as follows:
  a. Issue, on or before the fifteenth day of each month and cause to be
published in the state register, a report including (1) a summary of the
preceding  month's  investments  of cash not needed for day to day oper-
ations including but not limited to total investment income, the average
daily investment balance and related yield; and (2) a statement  setting
forth briefly the several receipts of and disbursements from the general
fund during the preceding month, and also the total of such receipts and
disbursements from the beginning of the fiscal year to the close of such
preceding  month  and the cash balance of the general fund, exclusive of
receipts and disbursements on account of  temporary  borrowing,  at  the
close  of  such  preceding  month,  provided that for state fiscal years
beginning on or after April first, nineteen hundred eighty-two the comp-
troller shall include in such reports the required information  for  all
funds  and  fund types.  SUCH REPORTS SHALL BE PREPARED AND PRESENTED IN
ACCORDANCE WITH THE ACCOUNTING  PRINCIPLES,  POLICIES,  AND  LEGISLATIVE
INTENT, INCLUDING BUT NOT LIMITED TO REFUNDS OF APPROPRIATION, SET FORTH
IN  A  BUDGET  BILL  ENACTED IN ACCORDANCE WITH ARTICLE VII OF THE STATE
CONSTITUTION.
  § 52. The state finance law is amended by adding a new section 2-b  to
read as follows:
  § 2-B. ADDITIONAL DEFINITIONS. AS USED IN SUBDIVISIONS NINE AND NINE-A
OF  SECTION  EIGHT  OF  THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "REFUND OF APPROPRIATION". RECEIPT OF REFUNDS, REBATES,  REIMBURSE-
MENTS, CREDITS, REPAYMENTS, AND/OR DISALLOWANCES, AS DEFINED HEREIN, THE
OFFICE  OF  THE  STATE  COMPTROLLER  SHALL CREDIT THE REFUNDED, REBATED,
REIMBURSED, CREDITED, REPAID, AND DISALLOWED AMOUNT BACK TO THE ORIGINAL
APPROPRIATION AND REDUCE EXPENDITURES IN THE YEAR WHICH SUCH  CREDIT  IS
RECEIVED REGARDLESS OF THE TIMING OF THE INITIAL EXPENDITURE.
  2.  "REFUNDS". FUNDS RECEIVED TO THE STATE RESULTING FROM THE OVERPAY-
MENT OF MONIES.
  3. "REBATES". FUNDS RECEIVED TO THE STATE RESULTING A FROM RETURN OF A
FULL OR PARTIAL AMOUNT PREVIOUSLY PAID, AS FOR GOODS OR SERVICES,  SERV-
ING AS A REDUCTION, DISCOUNT OR REBATE TO THE ORIGINAL PAYMENT AMOUNT.
  4.  "REIMBURSEMENTS".  FUNDS  RECEIVED TO THE STATE AS REPAYMENT IN AN
EQUIVALENT AMOUNT FOR GOODS OR SERVICES, INCLUDING BUT  NOT  LIMITED  TO
PERSONAL  SERVICE  COSTS,  INCURRED  BY  THE STATE IN THE FIRST INSTANCE
BEING PROVIDED TO A THIRD PARTY FOR THEIR BENEFIT AND  PARTIALLY  OR  IN
FULL FINANCED BY SUCH THIRD PARTY.
  5. "CREDIT". MONIES MADE AVAILABLE TO THE STATE THAT REDUCE THE AMOUNT
OWED  TO  A  THIRD  PARTY,  INCLUDING BUT NOT LIMITED TO BILLING ERRORS,
REBATES, AND PRIOR OVERPAYMENTS.
  6. "REPAYMENT".  THE  RETURN  OF  MONIES  AS  PAY  BACK  FOR  EXPENSES
INCURRED.

S. 7505--A                         109                        A. 9505--A

  7.  "DISALLOWANCE".  MONIES  MADE AVAILABLE TO THE STATE THAT WERE NOT
ALLOWED OR ACCEPTED OFFICIALLY BY THE INTENDED  RECIPIENT,  BASED  ON  A
DETERMINATION THE PAYMENT IS NOT ACCEPTABLE AND/OR VALID.
  §  53.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020; provided,
however, that the provisions of sections one, one-a, two,  three,  four,
five,  six,  seven, eight, twelve, thirteen, fourteen, fifteen, sixteen,
seventeen, eighteen, nineteen, twenty-one, twenty-two, twenty-three, and
twenty-four of this act shall expire March 31, 2021 when upon such  date
the provisions of such sections shall be deemed repealed.

                                 PART WW

  Section 1. Section 2 and subdivision 7 of section 3 of part E of chap-
ter  60  of  the laws of 2015, establishing a commission on legislative,
judicial, and executive compensation, and providing for the  powers  and
duties  of  the  commission  and  for the dissolution of the commission,
subdivision 7 of section 3 as amended by section 1 of part VVV of  chap-
ter 59 of the laws of 2019, are amended to read as follows:
  § 2. 1. (A) On the first of June of every fourth year, commencing June
1,  2015,  there shall be established a commission on legislative, judi-
cial and executive compensation to examine, evaluate and make  recommen-
dations  with  respect to adequate levels of compensation and non-salary
benefits for members of the legislature,  judges  and  justices  of  the
state-paid  courts  of the unified court system, statewide elected offi-
cials, and those state officers referred to in section 169 of the execu-
tive law.
  (B) NOTWITHSTANDING ANY PROVISION OF THIS ACT  TO  THE  CONTRARY,  THE
COMMISSION  ESTABLISHED  IN THE YEAR 2019 MAY EXAMINE, EVALUATE AND MAKE
RECOMMENDATIONS WITH RESPECT TO  ADEQUATE  LEVELS  OF  COMPENSATION  AND
NON-SALARY  BENEFITS FOR JUDGES AND JUSTICES OF THE STATE-PAID COURTS OF
THE UNIFIED COURT SYSTEM DURING ITS EXAMINATION OF AND MAKING  RECOMMEN-
DATIONS FOR LEGISLATIVE AND EXECUTIVE COMPENSATION IN THE YEAR 2020.
  2.  (a) In accordance with the provisions of this section, the commis-
sion shall examine: (1) the prevailing adequacy of pay levels and  other
non-salary  benefits  received  by members of the legislature, statewide
elected officials, and those state officers referred to in  section  169
of the executive law; and
  (2)  the  prevailing  adequacy  of  pay levels and non-salary benefits
received by the judges and justices of  the  state-paid  courts  of  the
unified  court  system and housing judges of the civil court of the city
of New York and determine whether any of such pay levels warrant adjust-
ment; and
  (b) The commission shall determine whether: (1) for any  of  the  four
years commencing on the first of April of such years, following the year
in  which  the  commission  is  established OR AUTHORIZED BY THIS ACT TO
EVALUATE AND MAKE RECOMMENDATIONS ON SUCH SALARIES, the annual  salaries
for  the  judges  and  justices  of the state-paid courts of the unified
court system and housing judges of the civil court of the  city  of  New
York warrant an increase; and
  (2)  on  the  first  of January after the November general election at
which members of the state legislature are elected following the year in
which the commission is established, and on the first of January follow-
ing the next such election, the like annual salaries and  allowances  of
members  of the legislature, and salaries of statewide elected officials

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

and state officers referred to in  section  169  of  the  executive  law
warrant an increase.
  3.  In  discharging its responsibilities under subdivision two of this
section, the commission shall take into account all appropriate  factors
including,  but  not  limited to: the overall economic climate; rates of
inflation; changes in public-sector spending; the levels of compensation
and non-salary benefits  received  by  executive  branch  officials  and
legislators of other states and of the federal government; the levels of
compensation  and  non-salary  benefits  received  by  professionals  in
government, academia and  private  and  nonprofit  enterprise;  and  the
state's  ability  to fund increases in compensation and non-salary bene-
fits.
  7. The commission shall make a report to the governor, the legislature
and the chief judge of the state of its findings, conclusions,  determi-
nations  and recommendations, if any, not later than the thirty-first of
December of the year in which the commission is established for judicial
compensation and the fifteenth of November the following year for legis-
lative and executive compensation; PROVIDED, HOWEVER, THE REPORT MADE BY
THE COMMISSION IN THE  YEAR  TWO  THOUSAND  TWENTY  REGARDING  JUDICIAL,
LEGISLATIVE  AND  EXECUTIVE  COMPENSATION SHALL BE ISSUED NOT LATER THAN
NOVEMBER 15, 2020.  Any findings, conclusions, determinations and recom-
mendations in the report must be adopted  by  a  majority  vote  of  the
commission  and shall also be supported by at least one member appointed
by each appointing authority.  Each recommendation made to  implement  a
determination  pursuant  to section two of this act shall have the force
of law, and shall supersede, where appropriate, inconsistent  provisions
of  article  7-B of the judiciary law, section 169 of the executive law,
and sections 5 and 5-a of the legislative law, unless modified or  abro-
gated  by  statute  prior  to  April  first of the year as to which such
determination applies to judicial compensation and January first of  the
year as to which such determination applies to legislative and executive
compensation.
  § 2. This act shall take effect immediately.
  § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment  shall  be  rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  §  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through WW of this act shall be
as specifically set forth in the last section of such Parts.