| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Apr 19, 2021 | signed chap.55 |
| Apr 07, 2021 | delivered to governor |
| Apr 06, 2021 | returned to assembly passed senate 3rd reading cal.646 substituted for s2505c referred to finance delivered to senate passed assembly ordered to third reading rules cal.51 rules report cal.51 reported reported referred to rules |
| Apr 03, 2021 | print number 3005c |
| Apr 03, 2021 | amend (t) and recommit to ways and means |
| Mar 13, 2021 | print number 3005b |
| Mar 13, 2021 | amend (t) and recommit to ways and means |
| Feb 24, 2021 | print number 3005a |
| Feb 24, 2021 | amend (t) and recommit to ways and means |
| Jan 20, 2021 | referred to ways and means |
assembly Bill A3005C
Signed By Governor2021-2022 Legislative Session
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2021-2022 state fiscal year
Sponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
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Apr 6, 2021 - floor Vote
A3005C4320floor43Aye20Nay0Absent0Excused0Abstained-
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Floor Vote: Apr 6, 2021
aye (43)- Addabbo
- Bailey
- Benjamin
- Biaggi
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Rivera
- Ryan
- Salazar
- Sanders
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
-
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A3005 - Details
- See Senate Version of this Bill:
- S2505
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
A3005 - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2021-2022 state fiscal year; relates to various criminal justice and public safety programs (Part A); relates to the administration of certain grant funds to and by the office for the prevention of domestic violence (Part B); provides for compliance with executive order two hundred three (Part L)… (view more) relates to the closure of correctional facilities (Part M); extends the authorization of the recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia (Part P); enacts the "New York Medical Supplies Act" (Part BB); relates to bonds, notes, and revenues (Part RR); relates to the procurement process and procurement contracts (Part SS); provides for compensation, benefits and other terms and conditions of employment of members of the agency police services unit; implements an agreement or interest arbitration award between the state and the employee organization representing the members of the agency police services unit; makes an appropriation for the purpose of effectuating certain provisions thereof (Part VV); authorizes an exemption for class one capital improvements to residential buildings and certain new construction in a special assessing unit that is not a city (Part WW); relates to funding of local government entities by the urban development corporation, and to the effectiveness of such provisions related to certain local governments (Part XX); extends the authorization of provisions regarding procurements by the New York city transit authority and metropolitan transportation authority (Part YY); establishes a deer hunting pilot program (Part ZZ); authorizes the grant of certain easements to Alle-Catt Wind Energy LLC on a proportion of real property within the Farmersville State Forest, Swift Hill State Forest, and Lost Nation State Forest (Part AAA); makes technical amendments related to the office of renewable energy siting; establishes the farmland protection working group (Part BBB); relates to infrastructure projects relating to clean vehicle projects (Part CCC); relates to the clean energy resources development and incentives program (Part DDD).
A3005 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2505 A. 3005
S E N A T E - A S S E M B L Y
January 20, 2021
___________
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 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
division of parole into the department of corrections and community
supervision, in relation to the effectiveness thereof; to amend chap-
ter 55 of the laws of 1992, amending the tax law and other laws relat-
ing to taxes, surcharges, fees and funding, in relation to extending
the expiration of certain provisions of such chapter; to amend chapter
907 of the laws of 1984, amending the correction law, the New York
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12570-01-1
S. 2505 2 A. 3005
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 the pre-criminal
proceeding settlements in the City of New York, in relation to the
effectiveness thereof (Part A); to amend the executive law, the crimi-
nal procedure law, the domestic relations law, the family court act,
the general business law, the insurance law, the labor law, the public
health law, the social services law, and the state finance law, in
relation to establishing the New York state office to end domestic and
gender-based violence (Part B); to amend the penal law, in relation to
S. 2505 3 A. 3005
establishing the crime of domestic violence (Part C); to amend the
family court act, the criminal procedure law, and the domestic
relations law, in relation to authorizing the court to require a
person subject to an order of protection to pay reasonable costs for
repairing damages caused by that person to the premises of a person
protected by such order (Part D); to amend the judiciary law and the
executive law, in relation to reports of domestic violence data (Part
E); to amend the domestic relations law, in relation to the custody of
children (Part F); to repeal section 240.37 of the penal law, relating
to loitering for the purpose of engaging in a prostitution offense;
and to amend the penal law, the criminal procedure law, the social
services law and the administrative code of the city of New York, in
relation to making technical corrections relating thereto (Part G); to
amend the family court act and the education law, in relation to
removing the term incorrigible (Part H); to amend the election law, in
relation to authorizing judges and their immediate family members to
apply for confidentiality of voter registration records (Part I); to
amend the criminal procedure law, in relation to the electronic
appearance of a defendant (Part J); to amend the executive law, the
criminal procedure law, the general municipal law, the public authori-
ties law and the civil service law, in relation to police officers;
and to repeal certain provisions of the executive law and the civil
service law, relating thereto (Part K); to amend the executive law, in
relation to monitoring compliance with executive order two hundred
three (Part L); in relation to the closure of correctional facilities;
and providing for the repeal of such provisions upon the expiration
thereof (Part M); to amend the penal law, in relation to the purchase
and disposal of firearms, rifles and shotguns (Part N); to amend the
executive law, in relation to the reporting of firearms seized or
recovered by law enforcement (Part O); to amend chapter 268 of the
laws of 1996, amending the education law and the state finance law
relating to providing a recruitment incentive and retention program
for certain active members of the New York army national guard, New
York air national guard, and New York naval militia, in relation to
the effectiveness of such chapter (Part P); to amend election law, in
relation to expanding the application period for an absentee ballot
request (Part Q); to amend the election law, in relation to establish-
ing a deadline for county boards to process and mail requested absen-
tee ballots (Part R); to amend the election law, in relation to
expanding polling site hours of operation during early voting (Part
S); to amend the election law, in relation to expediting the absentee
ballot counting process (Part T); to amend the election law, in
relation to establishing a uniform process to ensure the timely admin-
istration of recounts (Part U); to amend the workers' compensation
law, in relation to allowing the New York state insurance fund to
enter into agreements with private insurance providers to cover out-
of-state work (Part V); to amend the workers' compensation law and the
insurance law, in relation to diversifying the New York state insur-
ance fund's investment authority (Part W); to amend the workers'
compensation law and the insurance law, in relation to specifying
methods of calculating deposits and reserves for the aggregate trust
fund and reserves of the state insurance fund (Part X); to amend the
alcoholic beverage control law, in relation to temporary permits; to
amend chapter 396 of the laws of 2010, relating to liquidator's
permits and temporary retail permits, in relation to the effectiveness
thereof; and to repeal certain provisions of such law relating thereto
S. 2505 4 A. 3005
(Part Y); 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 Z); to amend the civil practice law and rules and the
state finance law, in relation to the rate of interest to be paid on
judgment and accrued claims (Part AA); to amend the state finance law
and the public authorities law, in relation to enacting the "New York
medical supplies act" (Part BB); to amend the civil service law, in
relation to ceasing reimbursement of the Medicare income related
monthly adjustment amounts (IRMAA) to high income state retirees (Part
CC); to amend the civil service law, in relation to the state's
contribution to the cost of health insurance premiums for future reti-
rees of the state and their dependents (Part DD); to amend the civil
service law, in relation to capping the standard medicare premium
charge (Part EE); to amend the state technology law and the state
finance law, in relation to authorizing comprehensive technology
service contracts (Part FF); to amend the state finance law, in
relation to posting the names of individuals who are authorized to
sign state contracts and eliminating unfavorable terms in state
contracts (Part GG); to amend the public officers law, in relation to
allowing the exchange of any record or personal information between
and among agencies of the state (Part HH); to amend the general busi-
ness law, in relation to enacting the "New York data accountability
and transparency act" (Part II); to amend the general business law, in
relation to disclosures for the use of voice recognition features in
internet-capable devices (Part JJ); to amend the state finance law, in
relation to video lottery terminal aid (Part KK); to amend the state
finance law and the tax law, in relation to reducing aid and incen-
tives for municipalities base level grants (Part LL); to amend the
general municipal law, in relation to authorized investments for local
governments (Part MM); to amend the general municipal law, in relation
to enhancing flexibility within the county-wide shared services initi-
ative; and to repeal certain provisions of the general municipal law
relating thereto (Part NN); to amend chapter 308 of the laws of 2012,
amending the general municipal law relating to providing local govern-
ments greater contract flexibility and cost savings by permitting
certain shared purchasing among political subdivisions, in relation to
the effectiveness thereof (Part OO); to amend the county law, the
correction law, the executive law, the judiciary law, the criminal
procedure law and the education law, in relation to authorizing shared
county jails (Part PP); and to provide for the administration of
certain funds and accounts related to the 2021-2022 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
issuance of certain bonds or notes; to amend the New York state
medical care facilities finance agency act, in relation to the issu-
ance 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
S. 2505 5 A. 3005
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 issu-
ance of certain bonds or notes; to amend the private housing finance
law, in relation to housing program bonds and notes; to amend the New
York state urban development corporation act, in relation to authoriz-
ing the dormitory authority of the state of New York and the urban
development corporation to enter into line of credit facilities, and
in relation to state-supported debt issued during the 2022 fiscal
year; to amend the state finance law, in relation to payments of
bonds; to amend the state finance law, in relation to the mental
health services fund; to amend the public health law, in relation to
secured hospital project bonds; to repeal paragraph c of subdivision 5
of section 89-b of the state finance law relating to the dedicated
highway and bridge trust fund; to repeal subdivision (j) of section
92-dd of the state finance law relating to the HCRA resources fund; to
repeal subdivision 3-a of the public health law relating to eligible
secured hospital borrower; and providing for the repeal of certain
provisions upon expiration thereof (Part QQ)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state public protection and general govern-
ment budget for the 2021-2022 state fiscal year. Each component is whol-
ly contained within a Part identified as Parts A through QQ. The effec-
tive date for each particular provision contained within such Part is
set forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part A of chapter 55 of the laws of 2020, 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,
[2021] 2023.
§ 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 A of chapter 55 of the laws of 2020, 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, [2021] 2023, when it
shall expire and be deemed repealed.
S. 2505 6 A. 3005
§ 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 A of chapter 55 of the laws of 2020, 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, [2021] 2023.
§ 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 A of chapter 55 of the laws of 2020, 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, [2021] 2023 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 A of chapter 55 of the laws
of 2020, 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, [2021] 2023 and be applicable
to all persons entering the program on or before August 31, [2021] 2023.
§ 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 A of chapter 55 of
the laws of 2020, 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, [2021] 2023, 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 A of chapter 55
of the laws of 2020, is amended to read as follows:
S. 2505 7 A. 3005
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2021] 2023; 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 A of chapter 55 of the laws of
2020, 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, [2021] 2023, 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 A of chapter 55 of the laws
of 2020, 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, [2021] 2023, 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 A of chapter 55 of
the laws of 2020, 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, [2021] 2023;
§ 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 A of chap-
ter 55 of the laws of 2020, 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, [2021] 2023 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 A of chapter 55 of the laws of 2020, 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
S. 2505 8 A. 3005
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, [2021] 2023, 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, [2021] 2023 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
S. 2505 9 A. 3005
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 A of chapter 55 of the laws of 2020, 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-one]
TWENTY-THREE.
§ 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 A of chapter 55 of the laws of 2020, 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,
[2021] 2023 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 A of chapter 55 of the
laws of 2020, 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, [2021] 2023;
§ 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 A of chap-
ter 55 of the laws of 2020, 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, [2021]
2023, 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 A of chapter 55 of the
laws of 2020, 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, [2021]
2023.
§ 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 A of chapter 55 of the laws of 2020, 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, [2021] 2023, when upon such
date the provisions of this act shall be deemed repealed.
S. 2505 10 A. 3005
§ 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 A of chapter 55 of the laws of 2020, 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, [2021] 2023;
§ 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 A of chapter 55 of the laws
of 2020, 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, [2021] 2023 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 A of chapter 55 of the
laws of 2020, 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, [2021] 2023, 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 A of chapter
55 of the laws of 2020, 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, [2021] 2023.
§ 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
S. 2505 11 A. 3005
amended by section 23 of part A of chapter 55 of the laws of 2020, 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,
[2021] 2023.
§ 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 A of
chapter 55 of the laws of 2020, is amended to read as follows:
§ 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2021] 2023, 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 A of
chapter 55 of the laws of 2020, is amended to read as follows:
§ 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2021] 2023, 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, 2021.
PART B
Section 1. The article heading of article 21 of the executive law, as
added by chapter 463 of the laws of 1992, is amended to read as follows:
ARTICLE 21
NEW YORK STATE OFFICE [FOR
THE PREVENTION OF] TO END
DOMESTIC AND GENDER-BASED VIOLENCE
§ 2. Section 575 of the executive law, as added by chapter 463 of the
laws of 1992, paragraph (e) of subdivision 3 as amended and subdivision
9 as added by chapter 368 of the laws of 1997, paragraph (l) of subdivi-
sion 3 as added by chapter 339 of the laws of 2011, paragraph (m) of
subdivision 3 as added, paragraph (n) of subdivision 3 as relettered,
and paragraph (b) of subdivision 4 as amended by chapter 204 of the laws
of 2020, subdivision 4 as amended by section 1 and subdivision 10 as
added by section 3 of part A of chapter 491 of the laws of 2012, subdi-
visions 7 and 8 as added by chapter 396 of the laws of 1994, and para-
graph (d) of subdivision 10 as amended by chapter 248 of the laws of
2017, is amended to read as follows:
§ 575. New York state office [for the prevention of] TO END domestic
AND GENDER-BASED violence. 1. Establishment of office. There is hereby
established within the executive department the "New York state office
S. 2505 12 A. 3005
[for the prevention of] TO END domestic AND GENDER-BASED violence",
hereinafter in this section referred to as the "office".
2. Duties and responsibilities. The office shall advise the governor
and the legislature on the most effective ways for state government to
respond to the problem of domestic AND GENDER-BASED violence. In
fulfilling this responsibility, the office shall consult with experts,
service providers and representative organizations in the field of
domestic AND GENDER-BASED violence and shall act as an advocate for
domestic AND GENDER-BASED violence victims and SURVIVOR-CENTERED
programs.
3. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "DOMESTIC VIOLENCE" MEANS A PATTERN OF BEHAVIOR USED BY AN INDI-
VIDUAL TO ESTABLISH AND MAINTAIN POWER AND CONTROL OVER THEIR INTIMATE
PARTNER. SUCH BEHAVIOR INCLUDES ABUSIVE AND COERCIVE TACTICS, THREATS
AND ACTIONS THAT MAY OR MAY NOT RISE TO THE LEVEL OF CRIMINAL BEHAVIOR,
INCLUDING, BUT NOT LIMITED TO, PHYSICAL, EMOTIONAL, FINANCIAL, AND SEXU-
AL ABUSE.
(B) "GENDER-BASED VIOLENCE" MEANS THREATS TO HARM, OR ACTUAL HARMS
COMMITTED AGAINST A PERSON OR PERSONS BASED ON ACTUAL OR PERCEIVED SEX,
GENDER, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION OR OTHER SUCH
SEX/GENDER RELATED CHARACTERISTICS. "GENDER-BASED VIOLENCE" SHALL
INCLUDE, BUT NOT BE LIMITED TO, DOMESTIC VIOLENCE; SEXUAL VIOLENCE;
HUMAN TRAFFICKING; REPRODUCTIVE COERCION AND VIOLENCE; STALKING; AND
CHILD-ABUSE AS CONNECTED TO GENDER-BASED VIOLENCE. "GENDER-BASED
VIOLENCE" SHALL NOT INCLUDE ACTIONS TAKEN BY A PERSON IN SELF-DEFENSE
AGAINST AN ACT OR SERIES OF ACTS OF GENDER-BASED VIOLENCE.
4. Activities. In addition, the office shall develop and implement
policies and programs designed to assist victims of domestic AND
GENDER-BASED violence and their families, and to provide education and
prevention, training and technical assistance. Such domestic AND
GENDER-BASED violence-related activities shall include, but not be
limited to:
(a) Serving as a clearinghouse for information and materials;
(b) Developing and coordinating community outreach and public educa-
tion throughout the state;
(c) Developing and delivering training to professionals, including but
not limited to professionals in the fields of:
(i) domestic AND GENDER-BASED violence;
(ii) health and mental health;
(iii) social and human services;
(iv) public education;
(v) law enforcement and criminal justice;
(vi) alcohol and substance abuse[.];
(d) Developing and promoting school-based prevention programs;
(e) Providing technical assistance to state and local government
bodies and other agencies and to private BUSINESSES AND not-for-profit
corporations, on effective SURVIVOR-CENTERED policies and responses to
domestic AND GENDER-BASED violence, including development of [a] model
[domestic violence] policies[, pursuant to subdivisions seven, eight and
nine of this section];
(f) Promoting and facilitating interagency cooperation among state
agencies and intergovernmental cooperation between different levels of
government in the state in the delivery and/or funding of SURVIVOR-CEN-
TERED services;
S. 2505 13 A. 3005
(g) Operating, IN COLLABORATION WITH SURVIVORS, STATE COALITIONS, AND
OTHER STAKEHOLDERS, as an advocate for [domestic violence services and]
victims AND FOR SURVIVOR-CENTERED DOMESTIC AND GENDER-BASED VIOLENCE
SERVICES, INCLUDING PERIODIC SOLICITATION OF INPUT FROM SURVIVORS AND
SERVICE PROVIDERS REGARDING SUCCESSES, CHALLENGES, AND NEEDS;
(h) Undertaking program and services needs assessments on its own
initiative or at the request of the governor, the legislature or service
providers;
(i) Examining the relationship between domestic AND GENDER-BASED
violence and other problems and making recommendations for effective
policy response;
(j) Collecting data, conducting research, and holding public hearings;
(k) Making periodic reports to the governor and the legislature recom-
mending policy and program directions and reviewing the activities of
the office;
(l) [Developing] WORKING WITH STAKEHOLDERS IN DEVELOPING and promoting
[senior center based] GENDER-BASED VIOLENCE prevention programs;
(m) [promoting best practices for abusive partner intervention] INVES-
TIGATING, ESTABLISHING AND PROMOTING BEST PRACTICES FOR ACCOUNTABILITY
FOR THOSE WHO HARM THEIR INTIMATE PARTNERS;
(n) ADMINISTERING GRANT FUNDS APPROPRIATED AND MADE AVAILABLE TO
SUPPORT COMPLIANCE WITH ARTICLE ONE HUNDRED TWENTY-NINE-B OF THE EDUCA-
TION LAW; AND UNDERTAKING SUCH ACTIONS, DUTIES, AND RESPONSIBILITIES AS
MAY BE NECESSARY TO SERVE THE PURPOSE OF ARTICLE ONE HUNDRED TWENTY-
NINE-B OF THE EDUCATION LAW;
(O) Any other activities including the making of and promulgation of
rules and regulations deemed necessary to [facilitate the prevention of]
END domestic AND GENDER-BASED violence within the scope and purview of
this article which are not otherwise inconsistent with any other
provisions of law.
[4.] 5. Advisory council. (a) An advisory council is hereby estab-
lished to make recommendations on domestic AND GENDER-BASED violence
related issues and effective strategies [for the prevention of] TO END
domestic AND GENDER-BASED violence, to assist in the development of
appropriate policies and priorities for effective intervention, public
education and advocacy, and to facilitate and assure communication and
coordination of efforts among state agencies and between different
levels of government, state, federal, and municipal, [for the prevention
of] TO END domestic AND GENDER-BASED violence.
(b) The advisory council shall consist of nine members and seventeen
ex-officio members. Each member shall be appointed to serve for a term
of three years and shall continue in office until a successor appointed
member is made. A member appointed to fill a vacancy shall be appointed
for the unexpired term of the member he or she is to succeed. All of the
members shall be individuals with expertise in the area of domestic AND
GENDER-BASED violence. Three members shall be appointed by the governor,
two members shall be appointed upon the recommendation of the temporary
president of the senate, two members shall be appointed upon the recom-
mendation of the speaker of the assembly, one member shall be appointed
upon the recommendation of the minority leader of the senate, and one
member shall be appointed upon the recommendation of the minority leader
of the assembly. The ex-officio members of the advisory board shall
consist of the director of the office, who shall chair the council, and
the following members or their designees: the commissioner of the office
of temporary and disability assistance; the commissioner of the depart-
ment of health; the commissioner of the education department; the
S. 2505 14 A. 3005
commissioner of the office of mental health; the commissioner of the
office of [alcoholism and substance abuse] ADDICTION services AND
SUPPORTS; the commissioner of the division of criminal justice services;
the superintendent of the division of state police; the director of the
office of probation and correctional alternatives; the commissioner of
the office of children and family services; the director of the office
of victim services; the chief administrative judge of the office of
court administration; the commissioner of the department of labor; the
director of the state office for the aging; the commissioner of the
department of corrections and community supervision; the commissioner of
homes and community renewal; the chief executive officer of the New York
state coalition against domestic violence; and the executive director of
the New York state coalition against sexual assault.
(c) The advisory council shall meet as often as deemed necessary by
the chair but in no event less than two times per year.
(d) The members of the advisory council shall receive no salary or
other compensation for their services but shall be entitled to
reimbursement for actual and necessary expenses incurred in the perform-
ance of their duties within amounts made available by appropriation
therefor subject to the approval of the director of the budget. The
ex-officio members of the advisory council shall receive no additional
compensation for their services on the advisory council above the salary
they receive from the respective departments or divisions that employ
them.
[5.] 6. Executive director. (a) The governor shall appoint an execu-
tive director of the office who shall serve at the pleasure of the
governor.
(b) The executive director shall receive an annual salary fixed by the
governor within the amounts appropriated specifically therefor and shall
be entitled to reimbursement for reasonable expenses incurred in
connection with the performance of the director's duties.
(c) THE DIRECTOR OF THE OFFICE, WITH THE APPROVAL OF THE GOVERNOR, MAY
ACCEPT AS AGENT OF THE STATE ANY GRANT, INCLUDING FEDERAL GRANTS, OR ANY
GIFT OR DONATION FOR ANY OF THE PURPOSES OF THIS ARTICLE. ANY MONEYS SO
RECEIVED MAY BE EXPENDED BY THE OFFICE TO EFFECTUATE ANY PURPOSE OF THIS
ARTICLE, SUBJECT TO THE APPLICABLE PROVISIONS OF THE STATE FINANCE LAW.
(D) The executive director shall appoint staff and perform such other
functions to ensure the efficient operation of the office.
[6.] 7. Assistance of other agencies. The office may request and shall
receive in a timely manner from any department, division, board, bureau,
commission or agency of the state, such information and assistance as
shall enable it to properly carry out its powers and duties pursuant to
this article.
[7. Model domestic violence policy for counties. (a) The office shall
convene a task force of county level municipal officials, municipal
police and members of the judiciary, or their representatives, and
directors of domestic violence programs, including representatives from
a statewide advocacy organization for the prevention of domestic
violence, to develop a model domestic violence policy for counties. For
the purposes of this subdivision, "county" shall have the same meaning
as such term is defined in section three of the county law, except that
the city of New York shall be deemed to be one county. The office shall
give due consideration to the recommendations of the governor, the
temporary president of the senate and the speaker of the assembly for
participation by any person on the task force, and shall make reasonable
efforts to assure regional balance in membership.
S. 2505 15 A. 3005
(b) The purpose of the model policy shall be to provide consistency
and coordination by and between county agencies and departments, includ-
ing criminal justice agencies and the judiciary, and, as appropriate, by
municipalities or other jurisdictions within the county and other
governmental agencies and departments, by assuring that best practices,
policies, protocols and procedures are used to address the issue of
domestic violence, and to secure the safety of the victim including, but
not limited to:
(i) response, investigation and arrest policies by police agencies;
(ii) response by other criminal justice agencies, including disposi-
tion of domestic violence complaints, the provision of information and
orders of protection;
(iii) response by human services and health agencies, including iden-
tification, assessment, intervention and referral policies and responses
to victims and the perpetrators of domestic violence;
(iv) training and appropriate and relevant measures for periodic eval-
uation of community efforts; and
(v) other issues as shall be appropriate and relevant for the task
force to develop such policy.
(c) Such model policy shall be reviewed by the task force to assure
consistency with existing law and shall be made the subject of public
hearings convened by the office throughout the state at places and at
times which are convenient for attendance by the public, after which the
policy shall be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task force,
such model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than two years
after the effective date of this subdivision. Notification of the avail-
ability of such model domestic violence policy shall be made by the
office to every county in the state, and copies of the policy shall be
made available to them upon request.
(d) The office in consultation with the task force, providers of
service, the advisory council and others, including representatives of a
statewide advocacy organization for the prevention domestic violence,
shall provide technical support, information and encouragement to coun-
ties to implement the provisions of the model policy on domestic
violence.
(e) Nothing contained in this subdivision shall be deemed to prevent
the governing body of a county from designating a local advisory commit-
tee to investigate the issues, work with providers of domestic violence
programs and other interested parties, and to aid in the implementation
of the policy required by this subdivision. Such governing body or advi-
sory committee may request and shall receive technical assistance from
the office for the development of such a policy. Implementation of the
model domestic violence policy may take place in a form considered
appropriate by the governing body of a county, including guidelines,
regulations and local laws.
(f) The office shall survey county governments within four years of
the effective date of this subdivision to determine the level of compli-
ance with the model domestic violence policy, and shall take such steps
as shall be necessary to aid county governments in the implementation of
such policy.]
8. State domestic violence policy. [(a) The office shall survey every
state agency to determine any activities, programs, rules, regulations,
guidelines or statutory requirements that have a direct or indirect
bearing on the state's efforts and abilities to address the issue of
S. 2505 16 A. 3005
domestic violence including, but not limited to, the provision of
services to victims and their families. Within two years of the effec-
tive date of this subdivision, the office shall compile such information
and provide a report, with appropriate comments and recommendations, to
the governor and the legislature. For the purposes of this subdivision,
"state agency" shall have the same meaning as such term is defined in
section two-a of the state finance law.
(b) Within three years of the effective date of this subdivision the
office shall recommend a state domestic violence policy consistent with
statute and best practice, policies, procedures and protocols to the
governor and the legislature. The purpose of such model policy shall be
to provide consistency and coordination by and between state agencies
and departments to address the issue of domestic violence. In developing
such model policy, the office shall consult with a statewide advocacy
organization for the prevention of domestic violence, and shall assure
that the advisory council reviews all data and recommendations and shall
not submit such model policy until approved by the advisory council.
Such recommendations shall be provided exclusive of any study or report
the office is required to undertake pursuant to a chapter of the laws of
nineteen hundred ninety-four, entitled "the family protection and domes-
tic violence intervention act of 1994".
(c)] No state agency shall promulgate a rule pursuant to the state
administrative procedure act, or adopt a guideline or other procedure,
including a request for proposals, directly or indirectly affecting the
provision of services to victims of domestic AND GENDER-BASED violence,
or the provision of services by residential or non-residential domestic
violence programs, as such terms are defined in section four hundred
fifty-nine-a of the social services law, or establish a grant program
directly or indirectly affecting such victims of domestic OR GENDER-
BASED violence or providers of service, without first consulting the
office, which shall provide all comments in response to such rules,
guidelines or procedures in writing directly to the chief executive
officer of such agency, to the administrative regulations review commit-
tee and to the appropriate committees of the legislature having juris-
diction of the subject matter addressed within two weeks of receipt
thereof, provided that failure of the office to respond as required
herein shall not otherwise impair the ability of such state agency to
promulgate a rule. This paragraph shall not apply to an appropriation
which finances a contract with a not-for-profit organization which has
been identified for a state agency without the use of a request for
proposals.
9. [Model domestic violence employee awareness and assistance policy.
(a) The office shall convene a task force including members of the busi-
ness community, employees, employee organizations, representatives from
the department of labor and the empire state development corporation,
and directors of domestic violence programs, including representatives
of statewide advocacy organizations for the prevention of domestic
violence, to develop a model domestic violence employee awareness and
assistance policy for businesses.
The office shall give due consideration to the recommendations of the
governor, the temporary president of the senate, and the speaker of the
assembly for participation by any person on the task force, and shall
make reasonable efforts to assure regional balance in membership.
(b) The purpose of the model employee awareness and assistance policy
shall be to provide businesses with the best practices, policies, proto-
cols and procedures in order that they ascertain domestic violence
S. 2505 17 A. 3005
awareness in the workplace, assist affected employees, and provide a
safe and helpful working environment for employees currently or poten-
tially experiencing the effects of domestic violence. The model plan
shall include but not be limited to:
(i) the establishment of a definite corporate policy statement recog-
nizing domestic violence as a workplace issue as well as promoting the
need to maintain job security for those employees currently involved in
domestic violence disputes;
(ii) policy and service publication requirements, including posting
said policies and service availability pamphlets in break rooms, on
bulletin boards, restrooms and other communication methods;
(iii) a listing of current domestic violence community resources such
as shelters, crisis intervention programs, counseling and case manage-
ment programs, legal assistance and advocacy opportunities for affected
employees;
(iv) measures to ensure workplace safety including, where appropriate,
designated parking areas, escort services and other affirmative safe-
guards;
(v) training programs and protocols designed to educate employees and
managers in how to recognize, approach and assist employees experiencing
domestic violence, including both victims and batterers; and
(vi) other issues as shall be appropriate and relevant for the task
force in developing such model policy.
(c) Such model policy shall be reviewed by the task force to assure
consistency with existing law and shall be made the subject of public
hearings convened by the office throughout the state at places and at
times which are convenient for attendance by the public, after which the
policy shall be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task force,
such model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than one year
after the effective date of this subdivision. The office shall make
every effort to notify businesses of the availability of such model
domestic violence employee awareness and assistance policy.
(d) The office in consultation with the task force, providers of
services, the advisory council, the department of labor, the empire
state development corporation, and representatives of statewide advocacy
organizations for the prevention of domestic violence, shall provide
technical support, information, and encouragement to businesses to
implement the provisions of the model domestic violence employee aware-
ness and assistance policy.
(e) Nothing contained in this subdivision shall be deemed to prevent
businesses from adopting their own domestic violence employee awareness
and assistance policy.
(f) The office shall survey businesses within four years of the effec-
tive date of this section to determine the level of model policy
adoption amongst businesses and shall take steps necessary to promote
the further adoption of such policy.
10.] Fatality review team. (a) There shall be established within the
office a fatality review team for the purpose of analyzing, in conjunc-
tion with local representation, the domestic violence-related death or
near death of individuals, with the goal of:
(i) examining the trends and patterns of domestic violence-related
fatalities in New York state;
S. 2505 18 A. 3005
(ii) educating the public, service providers, and policymakers about
domestic violence fatalities and strategies for intervention and
prevention; and
(iii) recommending policies, practices, procedures, and services to
reduce fatalities due to domestic violence.
(b) A domestic violence-related death or near death shall mean any
death or near death caused by a family or household member as defined in
section eight hundred twelve of the family court act or section 530.11
of the criminal procedure law, except that there shall be no review of
the death or near death of a child for those cases in which the office
of children and family services is required to issue a fatality report
in accordance with subdivision five of section twenty of the social
services law.
(c) The team shall review deaths or near deaths in cases that have
been adjudicated and have received a final judgment and that are not
under investigation.
(d) Members of a domestic violence fatality review team shall be
appointed by the executive director, [in consultation with the advisory
council,] and shall include, but not be limited to, one representative
from the office of children and family services, the office of temporary
and disability assistance, the division of criminal justice services,
the state police, the department of health, the office of court adminis-
tration, the office of probation and correctional alternatives, the
department of corrections and community supervision, the office of
victim services, at least one representative from local law enforcement,
a county prosecutor's office, a local social services district, a member
of the judiciary, and a domestic violence services program approved by
the office of children and family services. A domestic violence fatality
review team may also include representatives from sexual assault
services programs, public health, mental health and substance abuse
agencies, hospitals, clergy, local school districts, local divisions of
probation, local offices of the department of corrections and community
supervision, the office of the medical examiner or coroner, any local
domestic violence task force, coordinating council or other interagency
entity that meets regularly to support a coordinated community response
to domestic violence, any other program that provides services to domes-
tic violence victims, or any other person necessary to the work of the
team, including survivors of domestic violence.
(e) The team shall identify potential cases and shall select which
deaths or near deaths will be reviewed each year. Localities may request
that the team conduct a review of a particular death or near death.
(f) The team shall work with officials and organizations within the
community where the death or near death occurred to conduct each review.
(g) Team members shall serve without compensation but are entitled to
be reimbursed for travel expenses to the localities where a fatality
review will be conducted and members who are full-time salaried officers
or employees of the state or of any political subdivision of the state
are entitled to their regular compensation.
(h) To the extent consistent with federal law, upon request the team
shall be provided client-identifiable information and records necessary
for the investigation of a domestic violence-related death or near death
incident, including, but not limited to:
(i) records maintained by a local social services district;
(ii) law enforcement records, except where the provision of such
records would interfere with an ongoing law enforcement investigation or
S. 2505 19 A. 3005
identify a confidential source or endanger the safety or welfare of an
individual;
(iii) court records;
(iv) probation and parole records;
(v) records from domestic violence residential or non-residential
programs;
(vi) records from any relevant service provider, program or organiza-
tion; and
(vii) all other relevant records in the possession of state and local
officials or agencies provided, however, no official or agency shall be
required to provide information or records concerning a person charged,
investigated or convicted in such death or near death in violation of
such person's attorney-client privilege.
(i) Any information or records otherwise SEALED, confidential and
privileged in accordance with state law which are provided to the team
shall remain SEALED, confidential, AND PRIVILEGED as otherwise provided
by law. All records received, meetings conducted, reports and records
made and maintained and all books and papers obtained by the team shall
be confidential and shall not be open or made available, except by court
order or as set forth in paragraphs (k) and (l) of this subdivision.
(j) Any person who releases or permits the release of any information
protected under paragraph (i) of this subdivision to persons or agencies
not authorized to receive such information shall be guilty of a class A
misdemeanor.
(k) Team members and persons who present information to the team shall
not be questioned in any civil or criminal proceeding regarding any
opinions formed as a result of a meeting of the team. Nothing in this
section shall be construed to prevent a person from testifying as to
information which is obtained independently of the team or information
which is public.
(l) Team members are not liable for damages or other relief in any
action brought by reason of the reasonable and good faith performance of
a duty, function, or activity of the team.
(m) Consistent with all federal and state confidentiality protections,
the team may provide recommendations to any individual or entity for
appropriate actions to improve a community's response to domestic
violence.
(n) The team shall periodically submit a cumulative report to the
governor and the legislature incorporating the aggregate data and a
summary of the general findings and recommendations resulting from the
domestic violence fatality reviews completed pursuant to this subdivi-
sion. The cumulative report shall thereafter be made available to the
public, consistent with federal and state confidentiality protections.
§ 3. Subdivision 6 of section 530.11 of the criminal procedure law, as
amended by chapter 663 of the laws of 2019, is amended to read as
follows:
6. Notice. Every police officer, peace officer or district attorney
investigating a family offense under this article shall advise the
victim of the availability of a shelter or other services in the commu-
nity, and shall immediately give the victim written notice of the legal
rights and remedies available to a victim of a family offense under the
relevant provisions of this chapter and the family court act. Such
notice shall be prepared, at minimum, in plain English, Spanish, Chinese
and Russian and if necessary, shall be delivered orally, and shall
include but not be limited to the information contained in the following
statement:
S. 2505 20 A. 3005
"Are you the victim of domestic violence? If you need help now, you
can call 911 for the police to come to you. You can also call a domestic
violence hotline. You can have a confidential talk with an advocate at
the hotline about help you can get in your community including: where
you can get treatment for injuries, where you can get shelter, where you
can get support, and what you can do to be safe. The New York State
24-hour Domestic & Sexual Violence Hotline number is (insert the state-
wide multilingual 800 number). They can give you information in many
languages. If you are deaf or hard of hearing, call 711.
This is what the police can do:
They can help you and your children find a safe place such as a family
or friend's house or a shelter in your community.
You can ask the officer to take you or help you and your children get
to a safe place in your community.
They can help connect you to a local domestic violence program.
They can help you get to a hospital or clinic for medical care.
They can help you get your personal belongings.
They must complete a report discussing the incident. They will give
you a copy of this police report before they leave the scene. It is
free.
They may, and sometimes must, arrest the person who harmed you if you
are the victim of a crime. The person arrested could be released at any
time, so it is important to plan for your safety.
If you have been abused or threatened, this is what you can ask the
police or district attorney to do:
File a criminal complaint against the person who harmed you.
Ask the criminal court to issue an order of protection for you and
your child if the district attorney files a criminal case with the
court.
Give you information about filing a family offense petition in your
local family court.
You also have the right to ask the family court for an order of
protection for you and your children.
This is what you can ask the family court to do:
To have your family offense petition filed the same day you go to
court.
To have your request heard in court the same day you file or the next
day court is open.
Only a judge can issue an order of protection. The judge does that as
part of a criminal or family court case against the person who harmed
you. An order of protection in family court or in criminal court can
say:
That the other person have no contact or communication with you by
mail, phone, computer or through other people.
That the other person stay away from you and your children, your home,
job or school.
That the other person not assault, harass, threaten, strangle, or
commit another family offense against you or your children.
That the other person turn in their firearms and firearms licenses,
and not get any more firearms.
That you have temporary custody of your children.
That the other person pay temporary child support.
That the other person not harm your pets or service animals.
If the family court is closed because it is night, a weekend, or a
holiday, you can go to a criminal court to ask for an order of
protection.
S. 2505 21 A. 3005
If you do not speak English or cannot speak it well, you can ask the
police, the district attorney, or the criminal or family court to get
you an interpreter who speaks your language. The interpreter can help
you explain what happened.
You can get the forms you need to ask for an order of protection at
your local family court (insert addresses and contact information for
courts). You can also get them online: www.NYCourts.gov/forms.
You do not need a lawyer to ask for an order of protection.
You have a right to get a lawyer in the family court. If the family
court finds that you cannot afford to pay for a lawyer, it must get you
one for free.
If you file a complaint or family court petition, you will be asked to
swear to its truthfulness because it is a crime to file a legal document
that you know is false."
The division of criminal justice services in consultation with the
state office [for the prevention of] TO END domestic AND GENDER-BASED
violence shall prepare the form of such written notice consistent with
provisions of this section and distribute copies thereof to the appro-
priate law enforcement officials pursuant to subdivision nine of section
eight hundred forty-one of the executive law.
Additionally, copies of such notice shall be provided to the chief
administrator of the courts to be distributed to victims of family
offenses through the criminal court at such time as such persons first
come before the court and to the state department of health for distrib-
ution to all hospitals defined under article twenty-eight of the public
health law. No cause of action for damages shall arise in favor of any
person by reason of any failure to comply with the provisions of this
subdivision except upon a showing of gross negligence or willful miscon-
duct.
§ 4. Subparagraph (i) of paragraph (b) of subdivision 3 of section 15
of the domestic relations law, as amended by chapter 35 of the laws of
2017, is amended to read as follows:
(i) provide notification to each minor party of his or her rights,
including but not limited to, rights in relation to termination of the
marriage, child and spousal support, domestic violence services and
access to public benefits and other services, which notification shall
be developed by the office of court administration, in consultation with
the office [for the prevention of] TO END domestic AND GENDER-BASED
violence;
§ 5. Section 214-b of the executive law, as amended by chapter 432 of
the laws of 2015, is amended to read as follows:
§ 214-b. Family offense intervention. The superintendent shall, for
all members of the state police including new and veteran officers,
develop, maintain and disseminate, in consultation with the state office
[for the prevention of] TO END domestic AND GENDER-BASED violence, writ-
ten policies and procedures consistent with article eight of the family
court act and applicable provisions of the criminal procedure and domes-
tic relations laws, regarding the investigation of and intervention in
incidents of family offenses. Such policies and procedures shall make
provision for education and training in the interpretation and enforce-
ment of New York's family offense laws, including but not limited to:
(a) intake and recording of victim statements, and the prompt trans-
lation of such statements if made in a language other than English, in
accordance with subdivision (c) of this section, on a standardized
"domestic violence incident report form" promulgated by the state divi-
sion of criminal justice services in consultation with the superinten-
S. 2505 22 A. 3005
dent and with the state office [for the prevention of] TO END domestic
AND GENDER-BASED violence, and the investigation thereof so as to ascer-
tain whether a crime has been committed against the victim by a member
of the victim's family or household as such terms are defined in section
eight hundred twelve of the family court act and section 530.11 of the
criminal procedure law;
(b) the need for immediate intervention in family offenses including
the arrest and detention of alleged offenders, pursuant to subdivision
four of section 140.10 of the criminal procedure law, and notifying
victims of their rights, in their native language, if identified as
other than English, in accordance with subdivision (c) of this section,
including but not limited to immediately providing the victim with the
written notice provided in subdivision six of section 530.11 of the
criminal procedure law and subdivision five of section eight hundred
twelve of the family court act.
(c) The superintendent, in consultation with the division of criminal
justice services and the office [for the prevention of] TO END domestic
AND GENDER-BASED violence shall determine the languages in which such
translation required by subdivision (a) of this section, and the notifi-
cation required pursuant to subdivision (b) of this section, shall be
provided. Such determination shall be based on the size of the New York
state population that speaks each language and any other relevant
factor. Such written notice required pursuant to subdivision (b) of this
section shall be made available to all state police officers in the
state.
§ 6. Subdivision 1 of section 221-a of the executive law, as amended
by chapter 492 of the laws of 2015, is amended to read as follows:
1. The superintendent, in consultation with the division of criminal
justice services, office of court administration, and the office [for
the prevention of] TO END domestic AND GENDER-BASED violence, shall
develop a comprehensive plan for the establishment and maintenance of a
statewide computerized registry of all orders of protection issued
pursuant to articles four, five, six, eight and ten of the family court
act, section 530.12 of the criminal procedure law and, insofar as they
involve victims of domestic violence as defined by section four hundred
fifty-nine-a of the social services law, section 530.13 of the criminal
procedure law and sections two hundred forty and two hundred fifty-two
of the domestic relations law, and orders of protection issued by courts
of competent jurisdiction in another state, territorial or tribal juris-
diction, special orders of conditions issued pursuant to subparagraph
(i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
criminal procedure law insofar as they involve a victim or victims of
domestic violence as defined by subdivision one of section four hundred
fifty-nine-a of the social services law or a designated witness or
witnesses to such domestic violence, and all warrants issued pursuant to
sections one hundred fifty-three and eight hundred twenty-seven of the
family court act, and arrest and bench warrants as defined in subdivi-
sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
nal procedure law, insofar as such warrants pertain to orders of
protection or temporary orders of protection; provided, however, that
warrants issued pursuant to section one hundred fifty-three of the fami-
ly court act pertaining to articles three and seven of such act and
section 530.13 of the criminal procedure law shall not be included in
the registry. The superintendent shall establish and maintain such
registry for the purposes of ascertaining the existence of orders of
protection, temporary orders of protection, warrants and special orders
S. 2505 23 A. 3005
of conditions, and for enforcing the provisions of paragraph (b) of
subdivision four of section 140.10 of the criminal procedure law.
§ 7. The opening paragraph of subdivision 15 of section 837 of the
executive law, as amended by chapter 432 of the laws of 2015, is amended
to read as follows:
Promulgate, in consultation with the superintendent of state police
and the state office [for the prevention of] TO END domestic AND
GENDER-BASED violence, and in accordance with paragraph (f) of subdivi-
sion three of section eight hundred forty of this article, a standard-
ized "domestic violence incident report form" for use by state and local
law enforcement agencies in the reporting, recording and investigation
of all alleged incidents of domestic violence, regardless of whether an
arrest is made as a result of such investigation. Such form shall be
prepared in multiple parts, one of which shall be immediately provided
to the victim, and shall include designated spaces for: the recordation
of the results of the investigation by the law enforcement agency and
the basis for any action taken; the recordation of a victim's allega-
tions of domestic violence; the age and gender of the victim and the
alleged offender or offenders; and immediately thereunder a space on
which the victim may sign and verify such victim's allegations. Such
form shall also include, but not be limited to spaces to identify:
§ 8. Paragraph (f) of subdivision 3 of section 840 of the executive
law, as amended by chapter 432 of the laws of 2015, is amended to read
as follows:
(f) Develop, maintain and disseminate, in consultation with the state
office [for the prevention of] TO END domestic AND GENDER-BASED
violence, written policies and procedures consistent with article eight
of the family court act and applicable provisions of the criminal proce-
dure and domestic relations laws, regarding the investigation of and
intervention by new and veteran police officers in incidents of family
offenses. Such policies and procedures shall make provisions for educa-
tion and training in the interpretation and enforcement of New York's
family offense laws, including but not limited to:
(1) intake and recording of victim statements, and the prompt trans-
lation of such statements if made in a language other than English, in
accordance with subparagraph three of this paragraph, on a standardized
"domestic violence incident report form" promulgated by the division of
criminal justice services in consultation with the superintendent of
state police, representatives of local police forces and the state
office [for the prevention of] TO END domestic AND GENDER-BASED
violence, and the investigation thereof so as to ascertain whether a
crime has been committed against the victim by a member of the victim's
family or household as such terms are defined in section eight hundred
twelve of the family court act and section 530.11 of the criminal proce-
dure law; and
(2) the need for immediate intervention in family offenses including
the arrest and detention of alleged offenders, pursuant to subdivision
four of section 140.10 of the criminal procedure law, and notifying
victims of their rights, in their native language, if identified as
other than English, in accordance with subparagraph three of this para-
graph, including but not limited to immediately providing the victim
with the written notice required in subdivision six of section 530.11 of
the criminal procedure law and subdivision five of section eight hundred
twelve of the family court act;
(3) determine, in consultation with the superintendent of state police
and the office [for the prevention of] TO END domestic AND GENDER-BASED
S. 2505 24 A. 3005
violence, the languages in which such translation required by subpara-
graph one of this paragraph, and the notification required by subpara-
graph two of this paragraph, shall be provided. Such determination shall
be based on the size of the New York state population that speaks each
language and any other relevant factor. Such written notice required
pursuant to subparagraph two of this paragraph shall be made available
to all local law enforcement agencies throughout the state. Nothing in
this paragraph shall prevent the council from using the determinations
made by the superintendent of state police pursuant to subdivision (c)
of section two hundred fourteen-b of this chapter;
§ 9. The opening paragraph of paragraph 2 of subdivision (b) of
section 153-c of the family court act, as added by chapter 367 of the
laws of 2015, is amended to read as follows:
Development of a pilot program. A plan for a pilot program pursuant to
this section shall be developed by the chief administrator of the courts
or his or her delegate in consultation with one or more local programs
providing assistance to victims of domestic violence, the office [for
the prevention of] TO END domestic AND GENDER-BASED violence, and attor-
neys who represent family offense petitions. The plan shall include, but
is not limited to:
§ 10. Paragraph 2 of subdivision (a) of section 249-b of the family
court act, as added by chapter 476 of the laws of 2009, is amended to
read as follows:
2. provide for the development of training programs with the input of
and in consultation with the state office [for the prevention of] TO END
domestic AND GENDER-BASED violence. Such training programs must include
the dynamics of domestic violence and its effect on victims and on chil-
dren, and the relationship between such dynamics and the issues consid-
ered by the court, including, but not limited to, custody, visitation
and child support. Such training programs along with the providers of
such training must be approved by the office of court administration
following consultation with and input from the state office for the
prevention of domestic violence; and
§ 11. The closing paragraph of subdivision 5 of section 812 of the
family court act, as amended by chapter 663 of the laws of 2019, is
amended to read as follows:
The division of criminal justice services in consultation with the
state office [for the prevention of] TO END domestic AND GENDER-BASED
violence shall prepare the form of such written notice consistent with
the provisions of this section and distribute copies thereof to the
appropriate law enforcement officials pursuant to subdivision nine of
section eight hundred forty-one of the executive law. Additionally,
copies of such notice shall be provided to the chief administrator of
the courts to be distributed to victims of family offenses through the
family court at such time as such persons first come before the court
and to the state department of health for distribution to all hospitals
defined under article twenty-eight of the public health law. No cause of
action for damages shall arise in favor of any person by reason of any
failure to comply with the provisions of this subdivision except upon a
showing of gross negligence or willful misconduct.
§ 12. Subdivision 3 of section 403 of the general business law, as
amended by chapter 715 of the laws of 2019, is amended to read as
follows:
3. The advisory committee shall advise the secretary on all matters
relating to this article, and on such other matters as the secretary
shall request. In advising the secretary on matters concerning profes-
S. 2505 25 A. 3005
sional education or curriculum, inclusive of the maintenance of cultural
and ethnic awareness within the prescribed curriculum in regard to hair
types, including, but not limited to, curl pattern, hair strand thick-
ness, and volume of hair, the advisory committee shall, to the extent
practicable, consult with the state education department. The advisory
committee is directed, in consultation with the department of state, the
New York state office [for the prevention of] TO END domestic AND
GENDER-BASED violence and an advocacy group recognized by the federal
department of health and human services, which has the ability to coor-
dinate statewide and with local communities on programming and educa-
tional materials related to the prevention and intervention of domestic
violence in New York state, to develop, provide for and integrate aware-
ness training on domestic violence and sexual assault for all prospec-
tive students seeking to be licensed under this article. Further, on a
voluntary basis for those seeking to renew their license as provided for
in this article to develop and provide access to educational material
for domestic violence and sexual assault awareness.
§ 13. Section 408-b of the general business law, as amended by chapter
71 of the laws of 2020, is amended to read as follows:
§ 408-b. Domestic violence and sexual assault awareness education. The
department shall ensure that domestic violence and sexual assault aware-
ness education courses are made available to all licensees and appli-
cants for a license or renewal pursuant to this article and that such
courses are offered through the department's website. The department, in
consultation with the office [for the prevention of] TO END domestic AND
GENDER-BASED violence and advocacy groups recognized by the federal
department of health and human services or the federal department of
justice, which have the ability to coordinate statewide and with local
communities on programming and educational materials related to the
prevention and intervention of domestic violence or sexual assault in
New York state, shall develop and provide access to domestic violence
and sexual assault awareness education courses appropriate for those
licensed under this article.
§ 14. Subsections (f) and (g) and paragraph 8 of subsection (h) of
section 2612 of the insurance law, subsection (f) as amended by chapter
246 of the laws of 2005, subsection (g) as added by chapter 361 of the
laws of 2006, and paragraph 8 of subsection (h) as added by section 2 of
part E of chapter 491 of the laws of 2012, are amended to read as
follows:
(f) If any person covered by an insurance policy issued to another
person as the policyholder delivers to the insurer that issued the poli-
cy, at its home office, a valid order of protection against the policy-
holder, issued by a court of competent jurisdiction in this state, the
insurer shall be prohibited for the duration of the order from disclos-
ing to the policyholder the address and telephone number of the insured,
or of any person or entity providing covered services to the insured. If
a child is the covered person, the right established by this subsection
may be asserted by, and shall also extend to, the parent or guardian of
the child. The superintendent, in consultation with the commissioner of
health and the office of children and family services and the office
[for the prevention of] TO END domestic AND GENDER-BASED violence, shall
promulgate rules to guide and enable insurers to guard against the
disclosure of the address and location of an insured who is a victim of
domestic violence.
(g) If any person covered by a group insurance policy delivers to the
insurer that issued the policy, at its home office, a valid order of
S. 2505 26 A. 3005
protection against another person covered by the group policy, issued by
a court of competent jurisdiction in this state, the insurer shall be
prohibited for the duration of the order from disclosing to the person
against whom the valid order of protection was issued the address and
telephone number of the insured person covered by the order of
protection, or of any person or entity providing covered services to the
insured person covered by the order of protection. If a child is the
covered person, the right established by this subsection may be asserted
by, and shall also extend to, the parent or guardian of the child. The
superintendent, in consultation with the commissioner of health, the
office of children and family services and the office [for the
prevention of] TO END domestic AND GENDER-BASED violence, shall promul-
gate rules to guide and enable insurers to guard against the disclosure
of the address and location of an insured who is a victim of domestic
violence.
(8) The superintendent, in consultation with the commissioner of
health, the office of children and family services and the office [for
the prevention of] TO END domestic AND GENDER-BASED violence, shall
promulgate rules to guide health insurers in guarding against the
disclosure of the information protected pursuant to this subsection.
§ 15. Section 10-a of the labor law, as added by chapter 527 of the
laws of 1995, is amended to read as follows:
§ 10-a. Domestic violence policy. The commissioner shall study the
issue of employees separated from employment due to acts of domestic
violence as referred to in and qualified by section four hundred fifty-
nine-a of the social services law. The commissioner shall consult with
the New York state office [for the prevention of] TO END domestic AND
GENDER-BASED violence and its advisory council, the department of social
services, the division of women and members of the public in preparing
such study. Such study shall include a review of case histories in
which unemployment compensation was sought and an analysis of the poli-
cies in other states. A copy of such study shall be transmitted to the
temporary president of the senate and the speaker of the assembly on or
before January fifteenth, nineteen hundred ninety-six and shall contain
policy recommendations.
§ 16. Section 10-b of the labor law, as added by chapter 368 of the
laws of 1997, is amended to read as follows:
§ 10-b. Domestic violence employee awareness and assistance. The
commissioner shall assist the office [for the prevention of] TO END
domestic AND GENDER-BASED violence in the creation, approval and dissem-
ination of the model domestic violence employee awareness and assistance
policy as further defined in subdivision nine of section five hundred
seventy-five of the executive law. Upon completion and approval of the
model plan as outlined in subdivision nine of section five hundred
seventy-five of the executive law, the commissioner shall assist in the
promotion of the model policy to businesses in New York state.
§ 17. Section 2137 of the public health law, as added by chapter 163
of the laws of 1998, is amended to read as follows:
§ 2137. Domestic violence recognition. The department shall, in
consultation with the office [for the prevention of] TO END domestic AND
GENDER-BASED violence and statewide organizations and community based
organizations, develop a protocol for the identification and screening
of victims of domestic violence who may either be a protected individual
or a contact as used in this title.
§ 18. Subdivision 2 of section 2803-p of the public health law, as
added by chapter 271 of the laws of 1997, is amended to read as follows:
S. 2505 27 A. 3005
2. Every hospital having maternity and newborn services shall provide
information concerning family violence to parents of newborn infants at
any time prior to the discharge of the mother. Such information shall
also be provided by every diagnostic and treatment center offering
prenatal care services to women upon an initial prenatal care visit.
The commissioner shall, in consultation with the state office [for the
prevention of] TO END domestic AND GENDER-BASED violence and the depart-
ment of social services, prepare, produce and transmit such notice to
such facilities in quantities sufficient to comply with the requirements
of this section. Such notice shall contain information which shall
include but not be limited to the effects of family violence and the
services available to women and children experiencing family violence.
Such information shall be in clear and concise language readily
comprehensible. Nothing in this section shall preclude a facility from
providing the notice required by this section as an addendum to, or in
connection with, any other information required to be provided by any
other provision of law, rule or regulation.
§ 19. Subdivision 3 of section 2805-z of the public health law, as
amended by chapter 37 of the laws of 2020, is amended to read as
follows:
3. The commissioner shall promulgate such rules and regulations as may
be necessary and proper to carry out effectively the provisions of this
section. Prior to promulgating such rules and regulations, the commis-
sioner shall consult with the office [for the prevention of] TO END
domestic AND GENDER-BASED violence and other such persons as the commis-
sioner deems necessary to develop a model policy for hospitals to
utilize in complying with this section and to identify the domestic
violence or victim assistance organizations operating in each hospital's
geographic area, a list of which the commissioner shall provide to
hospitals with the model policy.
§ 20. The opening paragraph of subdivision (g) of section 17 of the
social services law, as added by chapter 280 of the laws of 2002, is
amended to read as follows:
require participation of all employees of a child protective service
in a training course which has been developed by the office [for the
prevention of] TO END domestic AND GENDER-BASED violence in conjunction
with the office of children and family services whose purpose is to
develop an understanding of the dynamics of domestic violence and its
connection to child abuse and neglect. Such course shall:
§ 21. Subdivision 1 of section 111-v of the social services law, as
added by chapter 398 of the laws of 1997, is amended to read as follows:
1. The department, in consultation with appropriate agencies including
but not limited to the New York state office [for the prevention of] TO
END domestic AND GENDER-BASED violence, shall by regulation prescribe
and implement safeguards on the confidentiality, integrity, accuracy,
access, and the use of all confidential information and other data
handled or maintained, including data obtained pursuant to section one
hundred eleven-o of this article and including such information and data
maintained in the automated child support enforcement system. Such
information and data shall be maintained in a confidential manner
designed to protect the privacy rights of the parties and shall not be
disclosed except for the purpose of, and to the extent necessary to,
establish paternity, or establish, modify or enforce an order of
support.
S. 2505 28 A. 3005
§ 22. Subdivisions 1, 2 and 3 of section 349-a of the social services
law, as added by section 36 of part B of chapter 436 of the laws of
1997, are amended to read as follows:
1. The department, after consultation with the office [for the
prevention of] TO END domestic AND GENDER-BASED violence and statewide
domestic violence advocacy groups, shall by regulation establish
requirements for social services districts to notify all applicants and,
upon recertification, recipients, of procedures for protection from
domestic violence and the availability of services. Such notice shall
inform applicants and recipients that the social services district will
make periodic inquiry regarding the existence of domestic violence
affecting the individual. Such notice shall also inform individuals
that response to these inquiries is voluntary and confidential;
provided, however, that information regarding neglect or abuse of chil-
dren will be reported to child protective services.
2. Such inquiry shall be performed utilizing a universal screening
form to be developed by the department after consultation with the
office [for the prevention of] TO END domestic AND GENDER-BASED violence
and statewide domestic violence advocacy groups. An individual may
request such screening at any time, and any individual who at any time
self identifies as a victim of domestic violence shall be afforded the
opportunity for such screening.
3. An individual indicating the presence of domestic violence, as a
result of such screening, shall be promptly referred to a domestic
violence liaison who meets training requirements established by the
department, after consultation with the office [for the prevention of]
TO END domestic AND GENDER-BASED violence and statewide domestic
violence advocacy groups.
§ 23. The opening paragraph of subdivision 2 and the opening paragraph
of subdivision 3 of section 427-a of the social services law, as added
by chapter 452 of the laws of 2007, are amended to read as follows:
Any social services district interested in implementing a differential
response program shall apply to the office of children and family
services for permission to participate. The criteria for a social
services district to participate will be determined by the office of
children and family services after consultation with the office [for the
prevention of] TO END domestic AND GENDER-BASED violence, however the
social services district's application must include a plan setting forth
the following:
The criteria for determining which cases may be placed in the assess-
ment track shall be determined by the local department of social
services, in conjunction with the office of children and family services
and after consultation with the office [for the prevention of] TO END
domestic AND GENDER-BASED violence. Provided, however, that reports
including any of the following allegations shall not be included in the
assessment track of a differential response program:
§ 24. Subdivision (a) of section 483-cc of the social services law, as
amended by chapter 368 of the laws of 2015, is amended to read as
follows:
(a) As soon as practicable after a first encounter with a person who
reasonably appears to a law enforcement agency, district attorney's
office, or an established provider of social or legal services desig-
nated by the office of temporary and disability assistance, the office
[for the prevention of] TO END domestic AND GENDER-BASED violence or the
office of victim services to be a human trafficking victim, that law
enforcement agency or district attorney's office shall notify the office
S. 2505 29 A. 3005
of temporary and disability assistance and the division of criminal
justice services that such person may be eligible for services under
this article or, in the case of an established provider of social or
legal services, shall notify the office of temporary and disability
assistance and the division of criminal justice services if such victim
consents to seeking services pursuant to this article.
§ 25. Subdivision (a) of section 483-ee of the social services law, as
amended by chapter 413 of the laws of 2016, is amended to read as
follows:
(a) There is established an interagency task force on trafficking in
persons, which shall consist of the following members or their desig-
nees: (1) the commissioner of the division of criminal justice services;
(2) the commissioner of the office of temporary and disability assist-
ance; (3) the commissioner of health; (4) the commissioner of the office
of mental health; (5) the commissioner of labor; (6) the commissioner of
the office of children and family services; (7) the commissioner of the
office of alcoholism and substance abuse services; (8) the director of
the office of victim services; (9) the executive director of the office
[for the prevention of] TO END domestic AND GENDER-BASED violence; and
(10) the superintendent of the division of state police; and the follow-
ing additional members, who shall be promptly appointed by the governor,
each for a term of two years, provided that such person's membership
shall continue after such two year term until a successor is appointed
and provided, further, that a member may be reappointed if again recom-
mended in the manner specified in this subdivision: (11) two members,
who shall be appointed on the recommendation of the temporary president
of the senate; (12) two members, who shall be appointed on the recommen-
dation of the speaker of the assembly; (13) two members, who shall be
appointed on the recommendation of the not-for-profit organization in
New York state that receives the largest share of funds, appropriated by
and through the state budget, for providing services to victims of human
trafficking, as shall be identified annually in writing by the director
of the budget; and (14) one member, who shall be appointed on the recom-
mendation of the president of the New York state bar association; and
others as may be necessary to carry out the duties and responsibilities
under this section. The task force will be co-chaired by the commission-
ers of the division of criminal justice services and the office of
temporary and disability assistance, or their designees. It shall meet
as often as is necessary, but no less than three times per year, and
under circumstances as are appropriate to fulfilling its duties under
this section. All members shall be provided with written notice reason-
ably in advance of each meeting with date, time and location of such
meeting.
§ 26. Subdivision 3 of section 97-yyy of the state finance law, as
added by chapter 634 of the laws of 2002, is amended to read as follows:
3. Moneys of the fund, following appropriation by the legislature and
allocation by the director of the budget, shall be available for the
purpose of funding expenses of the office [for the prevention of] TO END
domestic AND GENDER-BASED violence for educational and prevention
programs undertaken pursuant to article twenty-one of the executive law.
§ 27. This act shall take effect immediately; provided however that
section nineteen of this act shall take effect on the same date and in
the same manner as section 2 of chapter 733 of the laws of 2019, as
amended, takes effect; and provided further that the amendments to
subdivision (a) of section 483-ee of the social services law made by
S. 2505 30 A. 3005
section twenty-five of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.
PART C
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 RECKLESS
ENDANGERMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.20 OF THIS
ARTICLE, OR CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS
DEFINED IN SECTION 121.11 OF THIS ARTICLE, OR 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
VICTIM.
DOMESTIC VIOLENCE IS A CLASS A MISDEMEANOR.
§ 2. Subdivision 17 of section 265.00 of the penal law is amended by
adding a new paragraph (d) to read as follows:
(D) DOMESTIC VIOLENCE AS DEFINED BY SUBDIVISION ONE OF SECTION 120.65
OF THIS CHAPTER.
§ 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 D
Section 1. Paragraph 2 of subdivision (j) and subdivision (k) of
section 446 of the family court act, paragraph 2 of subdivision (j) as
added and subdivision (k) as amended by chapter 261 of the laws of 2020,
are amended to read as follows:
2. For purposes of this subdivision, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; [and]
(k) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(L) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY;
(M) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
S. 2505 31 A. 3005
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION; AND
(N) to observe such other conditions as are necessary to further the
purposes of protection. The court may also award custody of the child,
during the term of the order of protection to either parent, or to an
appropriate relative within the second degree. Nothing in this section
gives the court power to place or board out any child or to commit a
child to an institution or agency. In making orders of protection, the
court shall so act as to insure that in the care, protection, discipline
and guardianship of the child his religious faith shall be preserved and
protected.
§ 2. Paragraph 2 of subdivision (k) and subdivision (l) of section 551
of the family court act, paragraph 2 of subdivision (k) as added and
subdivision (l) as amended by chapter 261 of the laws of 2020, are
amended to read as follows:
2. For purposes of this subdivision, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; [and]
(l) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(M) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY;
(N) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION; AND
(O) to observe such other conditions as are necessary to further the
purposes of protection.
§ 3. Paragraph 2 of subdivision (k) and subdivision (l) of section 656
of the family court act, paragraph 2 of subdivision (k) as added and
subdivision (l) as amended by chapter 261 of the laws of 2020, are
amended to read as follows:
2. For purposes of this subdivision, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; [and]
(l) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(M) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY;
(N) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION; AND
(O) to observe such other conditions as are necessary to further the
purposes of protection.
§ 4. Paragraph 2 of subdivision (k) and subdivision (l) of section 842
of the family court act, paragraph 2 of subdivision (k) as added and
subdivision (l) as amended by chapter 261 of the laws of 2020, are
amended to read as follows:
2. For purposes of this subdivision, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
S. 2505 32 A. 3005
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; [and]
(l) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(M) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY;
(N) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION; AND
(O) to observe such other conditions as are necessary to further the
purposes of protection.
§ 5. Clause (B) of subparagraph 8 of paragraph (a) of subdivision 1 of
section 530.12 of the criminal procedure law, as added by chapter 261 of
the laws of 2020, is amended and three new subparagraphs 9, 10 and 11
are added to read as follows:
(B) For purposes of this subparagraph, "connected device" shall mean
any device, or other physical object that is capable of connecting to
the internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address[.];
(9) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
DEFENDANT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(10) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY; AND
(11) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED
PARTY, INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS,
MOVING SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS
RESPONSIBILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED
PARTY'S ADDRESS OR LOCATION.
§ 6. Paragraphs (e) and (f) of subdivision 5 of section 530.12 of the
criminal procedure law, paragraph (e) as amended and paragraph (f) as
added by chapter 261 of the laws of 2020, are amended and three new
paragraphs (g), (h) and (i) are added to read as follows:
(e) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in this proceeding or in any other proceeding or action under this chap-
ter, the family court act or the domestic relations law; [or]
(f) (i) to refrain from remotely controlling any connected devices
affecting the home, vehicle or property of the person protected by the
order.
(ii) For purposes of this paragraph, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address[.];
(G) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(H) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY; OR
(I) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION;
S. 2505 33 A. 3005
§ 7. Subdivision 1 of section 530.13 of the criminal procedure law is
amended by adding three new paragraphs (e), (f) and (g) to read as
follows:
(E) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(F) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY; OR
(G) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION;
§ 8. Subparagraph 2 of paragraph (d) of subdivision 4 of section
530.13 of the criminal procedure law, as added by chapter 261 of the
laws of 2020, is amended and three new paragraphs (e), (f) and (g) are
added to read as follows:
2. For purposes of this paragraph, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address[.];
(E) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
DEFENDANT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(F) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY; AND
(G) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION.
§ 9. Clause (ii) of subparagraph 9 and subparagraph 10 of paragraph a
of subdivision 3 of section 240 of the domestic relations law, as
amended by chapter 261 of the laws of 2020, are amended to read as
follows:
(ii) For purposes of this subparagraph, "connected device" shall mean
any device, or other physical object that is capable of connecting to
the internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; [and]
(10) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(11) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY;
(12) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED
PARTY, INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS,
MOVING SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS
RESPONSIBILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED
PARTY'S ADDRESS OR LOCATION; AND
(13) to observe such other conditions as are necessary to further the
purposes of protection.
§ 10. Subparagraph 2 of paragraph (i) and paragraph (j) of subdivision
1 of section 252 of the domestic relations law, as amended by chapter
261 of the laws of 2020, are amended to read as follows:
(2) For purposes of this paragraph, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; [and]
S. 2505 34 A. 3005
(j) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY; AND
(K) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY;
(L) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION; AND
(M) to observe such other conditions as are necessary to further the
purposes of protection.
§ 11. This act shall take effect immediately.
PART E
Section 1. Subdivision 5 of section 216 of the judiciary law, as added
by section 5 of part UU of chapter 56 of the laws of 2020, is amended to
read as follows:
5. The chief administrator of the courts, in conjunction with the
division of criminal justice services, shall collect data and report
every six months regarding pretrial release and detention. Such data and
report shall contain information categorized by gender, racial and
ethnic background; regarding the nature of the criminal offenses,
including the top charge of each case; WHETHER AN ORDER OF PROTECTION
WAS ISSUED FOR A FAMILY OFFENSE; the number and type of charges in each
defendant's criminal record; the number of individuals released on
recognizance; the number of individuals released on non-monetary condi-
tions, including the conditions imposed; the number of individuals
committed to the custody of a sheriff prior to trial; the rates of fail-
ure to appear and rearrest; the outcome of such cases or dispositions;
the length of the pretrial detention stay and any other such information
as the chief administrator and the division of criminal justice services
may find necessary and appropriate. Such report shall aggregate the data
collected by county; court, including city, town and village courts; and
judge. The data shall be disaggregated in order to protect the identity
of individual defendants. The report shall be released publicly and
published on the websites of the office of court administration and the
division of criminal justice services. The first report shall be
published twelve months after this subdivision shall have become a law,
and shall include data from the first six months following the enactment
of this section. Reports for subsequent periods shall be published every
six months thereafter.
§ 2. Section 216 of the judiciary law is amended by adding a new
subdivision 6 to read as follows:
6. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PREPARE A REPORT EACH
MONTH RELATED TO PERSONS CHARGED WITH A FELONY OR MISDEMEANOR OFFENSE
WHERE THE DEFENDANT AND THE PERSON ALLEGED TO BE THE VICTIM OF SUCH
CRIME WERE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDI-
VISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW. SUCH REPORT
SHALL CONTAIN INFORMATION ON THE NUMBER OF CASES WITHIN EACH COUNTY,
CATEGORIZED BY FELONY AND MISDEMEANOR, IN WHICH THE COURT ISSUED AN
ORDER OF PROTECTION FOR A FAMILY OFFENSE. THE REPORTS SHALL BE PROVIDED
EACH MONTH TO THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE OFFICE
FOR THE PREVENTION OF DOMESTIC VIOLENCE.
§ 3. Section 837-u of the executive law, as added by section 6 of part
UU of chapter 56 of the laws of 2020, is amended to read as follows:
S. 2505 35 A. 3005
§ 837-u. The division of criminal justice services, in conjunction
with the chief administrator of the courts, shall collect data and
report annually regarding pretrial release and detention. Such data and
report shall contain information categorized by gender, racial and
ethnic background; regarding the nature of the criminal offenses,
including the top charge of each case; WHETHER AN ORDER OF PROTECTION
WAS ISSUED FOR A FAMILY OFFENSE; the number and type of charges in each
defendant's criminal record; the number of individuals released on
recognizance; the number of individuals released on non-monetary condi-
tions, including the conditions imposed; the number of individuals
committed to the custody of a sheriff prior to trial; the rates of fail-
ure to appear and rearrest; the outcome of such cases or dispositions;
whether the defendant was represented by counsel at every court appear-
ance regarding the defendant's securing order; the length of the
pretrial detention stay and any other such information as the chief
administrator and the division of criminal justice services may find
necessary and appropriate. Such annual report shall aggregate the data
collected by county; court, including city, town and village courts; and
judge. The data shall be disaggregated in order to protect the identity
of individual defendants. The report shall be released publicly and
published on the websites of the office of court administration and the
division of criminal justice services. The first report shall be
published eighteen months after this section shall have become a law,
and shall include data from the first twelve months following the enact-
ment of this section. Reports for subsequent years shall be published
annually on or before that date thereafter.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART F
Section 1. Subdivision 1 of section 240 of the domestic relations law
is amended by adding a new paragraph (k) to read as follows:
(K) IN DETERMINING THE BEST INTERESTS OF THE CHILD, THE COURT SHALL
NOT: (1) CONSIDER THE SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER
EXPRESSION OF THE PARTIES; OR (2) PROHIBIT A PARTY FROM UNDERGOING
GENDER REASSIGNMENT.
§ 2. This act shall take effect immediately.
PART G
Section 1. The repeal of section 240.37 of the penal law, as effected
by section two of this act, is hereby declared to be ameliorative, and
it is the intent of the legislature that no prosecution under such
section be commenced, continued, or refiled.
§ 2. Section 240.37 of the penal law is REPEALED.
§ 3. Section 230.01 of the penal law, as amended by chapter 189 of the
laws of 2018, is amended to read as follows:
§ 230.01 Prostitution; affirmative defense.
In any prosecution under section 230.00, section 230.03, section
230.19, SECTION 230.20, subdivision 2 of section 230.25, subdivision 2
of section 230.30[,] OR section 230.34-a [or subdivision two of section
240.37] of this [part] ARTICLE, it is an affirmative defense that the
defendant's participation in the offense was a result of having been a
victim of compelling prostitution under section 230.33 OF THIS ARTICLE,
a victim of sex trafficking under section 230.34 of this article, a
S. 2505 36 A. 3005
victim of sex trafficking of a child under section 230.34-a of this
article or a victim of trafficking in persons under the trafficking
victims protection act (United States Code, Title 22, Chapter 78).
§ 4. Section 60.47 of the criminal procedure law, as added by section
2 of part I of chapter 57 of the laws of 2015, is amended to read as
follows:
§ 60.47 Possession of condoms; receipt into evidence.
Evidence that a person was in possession of one or more condoms may
not be admitted at any trial, hearing, or other proceeding in a prose-
cution for section 230.00 [or section 240.37] of the penal law for the
purpose of establishing probable cause for an arrest or proving any
person's commission or attempted commission of such offense.
§ 5. Paragraphs (c) and (d) of subdivision 1 of section 160.10 of the
criminal procedure law, paragraph (c) as amended by chapter 762 of the
laws of 1971 and paragraph (d) as amended by chapter 232 of the laws of
2010, are amended to read as follows:
(c) A misdemeanor defined outside the penal law which would constitute
a felony if such person had a previous judgment of conviction for a
crime[; or
(d) Loitering for the purpose of engaging in a prostitution offense as
defined in subdivision two of section 240.37 of the penal law].
§ 6. Subdivision 4 of section 170.30 of the criminal procedure law, as
added by chapter 402 of the laws of 2014, is amended to read as follows:
4. After arraignment upon an information, a simplified information, a
prosecutor's information or misdemeanor complaint on a charge of prosti-
tution pursuant to section 230.00 of the penal law [or loitering for the
purposes of prostitution pursuant to subdivision two of section 240.37
of the penal law, provided that the person does not stand charged with
loitering for the purpose of patronizing a prostitute, where such
offense allegedly occurred when the person was sixteen or seventeen
years of age,] the local criminal court may dismiss such charge in its
discretion in the interest of justice on the ground that a defendant
participated in services provided to him or her.
§ 7. The opening paragraph of subdivision 1 of section 170.80 of the
criminal procedure law, as amended by chapter 402 of the laws of 2014,
is amended to read as follows:
Notwithstanding any other provision of law, at any time at or after
arraignment on a charge of prostitution pursuant to section 230.00 of
the penal law [or loitering for the purposes of prostitution pursuant to
subdivision two of section 240.37 of the penal law, provided that the
person does not stand charged with loitering for the purpose of patron-
izing a prostitute, where such offense allegedly occurred when the
person was sixteen or seventeen years of age except where], after
consultation with counsel, a knowing and voluntary plea of guilty has
been entered to such charge, any judge or justice hearing any stage of
such case may, upon consent of the defendant after consultation with
counsel:
§ 8. Subdivision 2 of section 420.35 of the criminal procedure law, as
amended by chapter 144 of the laws of 2020, is amended to read as
follows:
2. Except as provided in this subdivision or subdivision two-a of this
section, under no circumstances shall the mandatory surcharge, sex
offender registration fee, DNA databank fee or the crime victim assist-
ance fee be waived. A court shall waive any mandatory surcharge, DNA
databank fee and crime victim assistance fee when: (i) [the defendant is
convicted of loitering for the purpose of engaging in prostitution under
S. 2505 37 A. 3005
section 240.37 of the penal law (provided that the defendant was not
convicted of loitering for the purpose of patronizing a person for pros-
titution); (ii)] the defendant is convicted of prostitution under
section 230.00 of the penal law; [(iii)] (II) the defendant is convicted
of a violation in the event such conviction is in lieu of a plea to or
conviction for [loitering for the purpose of engaging in prostitution
under section 240.37 of the penal law (provided that the defendant was
not alleged to be loitering for the purpose of patronizing a person for
prostitution) or] prostitution under section 230.00 of the penal law;
[or (iv)] (III) the court finds that a defendant is a victim of sex
trafficking under section 230.34 of the penal law or a victim of traf-
ficking in persons under the trafficking victims protection act (United
States Code, Title 22, Chapter 78); or [(v)] (IV) the court finds that
the defendant is a victim of sex trafficking of a child under section
230.34-a of the penal law.
§ 9. Subdivision 4 of section 720.15 of the criminal procedure law, as
added by chapter 402 of the laws of 2014, is amended to read as follows:
4. Notwithstanding any provision in this article, a person charged
with prostitution as defined in section 230.00 of the penal law [or
loitering for the purposes of prostitution as defined in subdivision two
of section 240.37 of the penal law, provided that the person does not
stand charged with loitering for the purpose of patronizing a prosti-
tute, and such person is aged sixteen or seventeen when such offense
occurred,] regardless of whether such person (i) had prior to commence-
ment of trial or entry of a plea of guilty been convicted of a crime or
found a youthful offender, or (ii) subsequent to such conviction for
prostitution [or loitering for prostitution] is convicted of a crime or
found a youthful offender, the provisions of subdivisions one and two of
this section requiring or authorizing the accusatory instrument filed
against a youth to be sealed, and the arraignment and all proceedings in
the action to be conducted in private shall apply.
§ 10. Subdivision 1 of section 720.35 of the criminal procedure law,
as amended by chapter 402 of the laws of 2014, is amended to read as
follows:
1. A youthful offender adjudication is not a judgment of conviction
for a crime or any other offense, and does not operate as a disquali-
fication of any person so adjudged to hold public office or public
employment or to receive any license granted by public authority but
shall be deemed a conviction only for the purposes of transfer of super-
vision and custody pursuant to section two hundred fifty-nine-m of the
executive law. A defendant for whom a youthful offender adjudication was
substituted, who was originally charged with prostitution as defined in
section 230.00 of the penal law [or loitering for the purposes of pros-
titution as defined in subdivision two of section 240.37 of the penal
law provided that the person does not stand charged with loitering for
the purpose of patronizing a prostitute, for an offense allegedly
committed when he or she was sixteen or seventeen years of age], shall
be deemed a "sexually exploited child" as defined in subdivision one of
section four hundred forty-seven-a of the social services law and there-
fore shall not be considered an adult for purposes related to the charg-
es in the youthful offender proceeding or a proceeding under section
170.80 of this chapter.
§ 11. Paragraph (d) of subdivision 1 of section 447-a of the social
services law, as amended by chapter 189 of the laws of 2018, is amended
to read as follows:
S. 2505 38 A. 3005
(d) engages in acts or conduct described in article two hundred
sixty-three [or section 240.37] of the penal law.
§ 12. The third undesignated paragraph of subdivision a of section
3-118 of the administrative code of the city of New York, as amended by
chapter 189 of the laws of 2018, is amended to read as follows:
Sexually exploited youth. The term "sexually exploited youth" means
persons under the age of 18 who have been subject to sexual exploitation
because they (a) are the victim of the crime of sex trafficking as
defined in section 230.34 of the penal law; (b) engage in any act as
defined in section 230.00 of the penal law; (c) are a victim of the
crime of compelling prostitution as defined in section 230.33 of the
penal law; (d) are a victim of the crime of sex trafficking of a child
as defined in section 230.34-a of the penal law; or (e) engage in acts
or conduct described in article [263 or section 240.37] TWO HUNDRED
SIXTY-THREE of the penal law. The term shall also mean persons under
the age of 18 who have been subject to incest in the third degree,
second degree or first degree, as defined in sections 255.25, 255.26,
and 255.27 of the penal law, respectively, or any of the sex offenses
enumerated in article [130] ONE HUNDRED THIRTY of the penal law.
§ 13. This act shall take effect immediately.
PART H
Section 1. Subdivisions (a) and (c) of section 712 of the family court
act, as amended by section 1 of part K of chapter 56 of the laws of
2019, are amended to read as follows:
(a) "Person in need of supervision". A person less than eighteen years
of age: (i) who does not attend school in accordance with the provisions
of part one of article sixty-five of the education law; (ii) who is
[incorrigible,] ungovernable or habitually disobedient and beyond the
lawful control of a parent or other person legally responsible for such
child's care, or other lawful authority; (iii) who violates the
provisions of: (1) section 221.05; or (2) 230.00 of the penal law; (iv)
or who appears to be a sexually exploited child as defined in paragraph
(a), (c) or (d) of subdivision one of section four hundred forty-seven-a
of the social services law, but only if the child consents to the filing
of a petition under this article.
(c) "Fact-finding hearing". A hearing to determine whether the
respondent did the acts alleged to show that he or she violated a law or
is [incorrigible,] ungovernable or habitually disobedient and beyond the
control of his or her parents, guardian or legal custodian.
§ 2. Paragraph (i) of subdivision (a) of section 732 of the family
court act, as amended by section 9 of part G of chapter 58 of the laws
of 2010, is amended to read as follows:
(i) the respondent is an habitual truant or is [incorrigible,] ungo-
vernable, or habitually disobedient and beyond the lawful control of his
or her parents, guardian or lawful custodian, or has been the victim of
sexual exploitation as defined in subdivision one of section four
hundred forty-seven-a of the social services law, and specifying the
acts on which the allegations are based and the time and place they
allegedly occurred. Where habitual truancy is alleged or the petitioner
is a school district or local educational agency, the petition shall
also include the steps taken by the responsible school district or local
educational agency to improve the school attendance and/or conduct of
the respondent;
S. 2505 39 A. 3005
§ 3. Section 773 of the family court act, as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
§ 773. Petition for transfer [for incorrigibility]. Any institution,
society or agency in which a person was placed under section seven
hundred fifty-six OF THIS ARTICLE may petition to the court which made
the order of placement for transfer of that person to a society or agen-
cy, governed or controlled by persons of the same religious faith or
persuasion as that of the child, where practicable, or, if not practica-
ble, to some other suitable institution, or to some other suitable
institution on the ground that [such person]
(a) [is incorrigible and that his or her] THE presence OF SUCH PERSON
is seriously detrimental to the welfare of the applicant institution,
society, agency or other persons in its care, or
(b) after placement by the court, SUCH PERSON was released on parole
or probation from such institution, society or agency and a term or
condition of the release was willfully violated. The petition shall be
verified by an officer of the applicant institution, society or agency
and shall specify the act or acts bringing the person within this
section.
§ 4. Subdivision (h) of section 1012 of the family court act, as added
by chapter 1015 of the laws of 1972, is amended to read as follows:
(h) "Impairment of emotional health" and "impairment of mental or
emotional condition" includes a state of substantially diminished
psychological or intellectual functioning in relation to, but not limit-
ed to, such factors as failure to thrive, control of aggressive or self-
destructive impulses, ability to think and reason, or acting out or
misbehavior, [including incorrigibility,] ungovernability or habitual
truancy; provided, however, that such impairment must be clearly attrib-
utable to the unwillingness or inability of the respondent to exercise a
minimum degree of care toward the child.
§ 5. Section 4111 of the education law is amended to read as follows:
§ 4111. Arrest of truants. Any attendance officer may arrest without
warrant anywhere within the state any Indian child between six and
sixteen years of age, found away from his home and who is then a truant
from instruction upon which he is lawfully required to attend within the
districts of which such attendance officer has jurisdiction. He shall
forthwith deliver a child so arrested either to the person in parental
relation to the child, or to the teacher of the school from which said
child is then a truant, or in case of habitual [or incorrigible]
truants, shall bring them before a magistrate for commitment to a school
for delinquents, as provided in section forty-one hundred twelve OF THIS
ARTICLE.
§ 6. Section 4707 of the education law is amended to read as follows:
§ 4707. Children admitted to such school. Children not more than
eighteen nor less than eight years of age may be admitted to or received
in such school, either (1) upon the application of the parents or guard-
ians having the legal custody or control of such children, accompanied
by the written consent of such parents or guardians, or (2) upon commit-
ment thereto as truants [or incorrigible pupils as provided in section
thirty-two hundred fourteen of this chapter,] or (3) upon commitment
thereto as juvenile delinquents as provided by law, provided that chil-
dren convicted of crime shall not be committed to such school. Children
who have no homes or who are without proper parental control or who are
under improper guardianship may be sent to and received in such school,
in the same manner and under the same authority as in case of other
children who are improperly provided for at home.
S. 2505 40 A. 3005
§ 7. Subdivision 2 of section 4807 of the education law is amended to
read as follows:
2. Truants[, incorrigible pupils] or children coming within any of the
descriptions mentioned in section thirty-two hundred fourteen of this
chapter upon commitment thereto either by the school authorities or by a
court having jurisdiction thereof.
§ 8. Section 4809 of the education law, as amended by chapter 550 of
the laws of 1978, is amended to read as follows:
§ 4809. Transfer of pupils. The board of managers shall have full
power to transfer to other institutions any child [committed by a court
found to be incorrigible, not amenable to proper discipline and training
of the school, or mentally retarded, in the manner and by the methods
prescribed and set forth in the penal law] IF A COURT GRANTS A PETITION
FOR TRANSFER PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-THREE OF THE
FAMILY COURT ACT.
§ 9. This act shall take effect immediately.
PART I
Section 1. Subdivision 1 of section 5-508 of the election law is
amended by adding two new paragraphs (c) and (d) to read as follows:
(C) "JUDGE" MEANS THE SAME AS SUCH TERM IS DEFINED IN SECTION TWENTY-
SIX OF THE GENERAL CONSTRUCTION LAW, PROVIDED FURTHER THAT IT SHALL
INCLUDE INDIVIDUALS WHO HAVE RETIRED FROM SUCH POSITION.
(D) "IMMEDIATE FAMILY OF JUDGE" MEANS THE PERSONS LEGALLY MARRIED TO A
JUDGE, PERSONS FORMERLY MARRIED TO A JUDGE REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD, THE PARENT, CHILD, SIBLING OF A
JUDGE, AND ANY OTHER PERSON WHO REGULARLY RESIDES OR HAS REGULARLY
RESIDED IN THE SAME HOUSEHOLD AS A JUDGE.
§ 2. Subdivision 2 of section 5-508 of the election law, as amended by
chapter 396 of the laws of 2017, is amended to read as follows:
2. Upon application made to the supreme court, county court, or family
court, in the county wherein a victim of domestic violence, JUDGE, OR
THE IMMEDIATE FAMILY OF A JUDGE, is registered pursuant to this article,
the court may issue an order requiring that any registration record kept
or maintained in accordance with this article and any other records with
respect to such an individual be kept separate and apart from other such
records and not be made available for inspection or copying by the
public or any other person, except election officials acting within the
course and scope of their official duties and only as pertinent and
necessary in connection therewith.
§ 3. Section 5-508 of the election law is amended by adding a new
subdivision 3 to read as follows:
3. ANY PERSON WHO QUALIFIES FOR CONFIDENTIALITY OF REGISTRATION
RECORDS PURSUANT TO THE PROVISIONS OF THIS SECTION MAY ALSO OMIT THEIR
HOME ADDRESS FROM PUBLIC DISPLAY WHERE IT IS OTHERWISE REQUIRED BY THE
PROVISIONS OF THIS CHAPTER BY WRITING "OMITTED" IN ITS PLACE AND, WHERE
REQUIRED, NOTIFYING THE COUNTY BOARD OF ELECTIONS.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART J
Section 1. Subdivision 1 of section 182.20 of the criminal procedure
law, as amended by chapter 332 of the laws of 2009, is amended to read
as follows:
S. 2505 41 A. 3005
1. Notwithstanding any other provision of law and except as provided
in section 182.30 of this article, the court, in its discretion, may
dispense with the personal appearance of the defendant, except an
appearance at a hearing or trial, and conduct an electronic appearance
in connection with a criminal action pending in [Albany, Bronx, Broome,
Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange,
Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattarau-
gus, Clinton, Essex, Montgomery, Rensselaer, Warren, Westchester,
Suffolk, Herkimer or Franklin] ANY county, provided that the chief
administrator of the courts has authorized the use of electronic appear-
ance and the defendant, after consultation with counsel, consents on the
record. Such consent shall be required at the commencement of each elec-
tronic appearance to such electronic appearance.
§ 2. This act shall take effect immediately, provided, however, that
the amendments to subdivision 1 of section 182.20 of the criminal proce-
dure law made by section one of this act shall not affect the repeal of
such section and shall be deemed repealed therewith.
PART K
Section 1. Short title. This act shall be known and may be cited as
the "New York state professional policing act of 2021".
§ 2. Legislative findings and declaration. It is hereby declared to
be the policy of this state to promote professional police services and
to ensure that persons appointed to the position of police officer are
held to standards that will ensure that their interactions with all
individuals are appropriate and ensure that the rights of all parties
are respected. Law enforcement agencies and the police officers they
employ interact with many persons, including individuals who are not
residents of their jurisdiction. Ensuring that all New York law enforce-
ment agencies and police officers are held to a similar professional
standard is a matter of substantial state concern.
§ 3. Subdivision 1-a of section 53 of the executive law, as added by
chapter 104 of the laws of 2020, is amended to read as follows:
1-a. receive and investigate complaints from any source, or upon his
or her own initiative, concerning allegations of corruption, fraud, use
of excessive force, criminal activity, conflicts of interest or abuse by
any police officer in a covered agency AND PROMPTLY INFORM THE DIVISION
OF CRIMINAL JUSTICE SERVICES, IN THE FORM AND MANNER AS PRESCRIBED BY
THE DIVISION, OF SUCH ALLEGATIONS AND THE PROGRESS OF INVESTIGATIONS
RELATED THERETO. NOTHING IN THIS SUBDIVISION SHALL REQUIRE THE DIVISION
OF CRIMINAL JUSTICE SERVICES TO TAKE ACTION OR PREVENT THE DIVISION OF
CRIMINAL JUSTICE FROM TAKING ACTION AUTHORIZED PURSUANT TO SUBDIVISION
FOUR OF SECTION EIGHT HUNDRED FORTY-FIVE OF THIS CHAPTER IN THE TIME AND
MANNER DETERMINED BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES.
§ 4. Subdivision 3 of section 75 of the executive law is amended by
adding a new paragraph (b-1) to read as follows:
(B-1) PROMPTLY INFORM THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN
THE FORM AND MANNER PRESCRIBED BY THE DIVISION, OF SUCH ALLEGATIONS AND
THE PROGRESS OF INVESTIGATIONS RELATED THERETO. NOTHING IN THIS PARA-
GRAPH SHALL REQUIRE THE DIVISION OF CRIMINAL JUSTICE SERVICES TO TAKE
ACTION OR PREVENT THE DIVISION OF CRIMINAL JUSTICE FROM TAKING ACTION
AUTHORIZED PURSUANT TO SUBDIVISION FOUR OF SECTION EIGHT HUNDRED FORTY-
FIVE OF THIS CHAPTER IN THE TIME AND MANNER DETERMINED BY THE COMMIS-
SIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES;
S. 2505 42 A. 3005
§ 5. Paragraph (c) of subdivision 5 of section 75 of the executive
law, as added by chapter 104 of the laws of 2020, is amended to read as
follows:
(c) The head of any covered agency shall advise the governor, the
temporary president of the senate, the speaker of the assembly, the
minority leader of the senate [and], the minority leader of the assembly
AND THE DIVISION OF CRIMINAL JUSTICE SERVICES within ninety days of the
issuance of a report by the law enforcement misconduct investigative
office as to the remedial action that the agency has taken in response
to any recommendation for such action contained in such report.
§ 6. Subdivision 4 of section 837 of the executive law is amended by
adding a new paragraph (e-1) to read as follows:
(E-1) COLLECT DEMOGRAPHIC DATA WITH RESPECT TO PERSONS APPOINTED AS A
POLICE OFFICER, INCLUDING BUT NOT LIMITED TO RACIAL AND GENDER CHARAC-
TERISTICS; AND
§ 7. Subdivisions 1 and 5 of section 839 of the executive law, subdi-
vision 1 as added by chapter 399 of the laws of 1972, subdivision 5 as
amended by chapter 459 of the laws of 1975 and such section as renum-
bered by chapter 603 of the laws of 1973, are amended to read as
follows:
1. There is hereby created within the division a municipal police
training council composed of [eight] TEN members, who shall be selected
as follows:
(a) [three] ONE shall be appointed by the governor WHO SHALL BE A
FULL-TIME FACULTY MEMBER OF A COLLEGE OR UNIVERSITY WHO TEACHES IN THE
AREA OF CRIMINAL JUSTICE OR POLICE SCIENCE;
(b) [two] ONE shall be appointed by the governor from a list of at
least [six] THREE nominees submitted by the New York state sheriffs'
association, who shall be incumbent sheriffs in the state having at
least two years of service on the law enforcement training committee of
such association or having other specialized experience in connection
with police training which, in the opinion of the chairman of such law
enforcement training committee, provides the sheriff with at least an
equivalent background in the field of police training; and
(c) [two] ONE shall be appointed by the governor from a list of at
least [six] THREE nominees submitted by the New York state association
of chiefs of police, who shall be incumbent chiefs of police or commis-
sioners of police of a municipality in the state having at least two
years of service on the police training committee of such association or
having other specialized experience in connection with police training
which, in the opinion of the chairman of such training committee,
provides the chief of police or commissioner of police with at least an
equivalent background in the field of police training; and
(d) one shall be the commissioner of police of the city of New York or
a member of his department, designated by such commissioner and approved
by the governor[.]; AND
(E) ONE SHALL BE THE SUPERINTENDENT OF THE STATE POLICE; AND
(F) ONE SHALL BE APPOINTED BY THE GOVERNOR WHO SHALL BE AN INCUMBENT
CHIEF OF POLICE OR COMMISSIONER OF POLICE FROM A MUNICIPALITY IN THE
STATE WITH A POLICE DEPARTMENT CONSISTING OF MORE THAN ONE HUNDRED OFFI-
CERS; AND
(G) ONE SHALL BE APPOINTED BY THE GOVERNOR WHO SHALL BE AN INCUMBENT
SHERIFF IN THE STATE FROM AN AGENCY WITH MORE THAN ONE HUNDRED DEPUTY
SHERIFFS; AND
(H) ONE SHALL BE APPOINTED BY THE GOVERNOR WHO SHALL BE A REPRESEN-
TATIVE OF VICTIMS OF CRIME; AND
S. 2505 43 A. 3005
(I) ONE SHALL BE APPOINTED BY THE GOVERNOR WHO SHALL BE A REPRESEN-
TATIVE FROM A COMMUNITY WITH HIGH NUMBERS OF POLICE AND COMMUNITY INTER-
ACTIONS; AND
(J) ONE SHALL BE APPOINTED BY THE GOVERNOR WHO SHALL BE AN INCUMBENT
EXECUTIVE FROM A PEACE OFFICER EMPLOYING AGENCY OR MUNICIPALITY.
5. The council shall meet at least four times in each year. Special
meetings may be called by the chairman and shall be called by him at the
request of the governor or upon the written request of [five] SIX
members of the council. The council may establish its own requirements
as to quorum and its own procedures with respect to the conduct of its
meetings and other affairs; provided, however, that all recommendations
made by the council to the governor pursuant to subdivision one of
section eight hundred forty of this chapter shall require the affirma-
tive vote of [five] SIX members of the council.
§ 8. Paragraph (h) of subdivision 1 of section 840 of the executive
law is REPEALED.
§ 9. Subdivision 2 of section 840 of the executive law, as amended by
chapter 66 of the laws of 1973, is amended to read as follows:
2. The council shall promulgate, and may from time to time amend, such
rules and regulations prescribing height, weight [and], physical fitness
AND PSYCHOLOGICAL requirements for eligibility of persons for provi-
sional or permanent appointment in the competitive class of the civil
service as police officers of any county, city, town, village or police
district as it deems necessary and proper for the efficient performance
of police duties.
§ 10. Section 840 of the executive law is amended by adding a new
subdivision 2-b to read as follows:
2-B. THE COUNCIL SHALL PROMULGATE, AND MAY FROM TIME TO TIME AMEND,
SUCH RULES AND REGULATIONS PRESCRIBING BACKGROUND INVESTIGATIONS FOR
ELIGIBILITY OF PERSONS FOR PROVISIONAL OR PERMANENT APPOINTMENT IN THE
COMPETITIVE CLASS OF THE CIVIL SERVICE AS POLICE OFFICERS OF ANY COUNTY,
CITY, TOWN, VILLAGE OR POLICE DISTRICT AS IT DEEMS NECESSARY AND PROPER
FOR THE EFFICIENT PERFORMANCE OF POLICE DUTIES, WHICH REQUIREMENTS SHALL
BE INCORPORATED BY THE LAW ENFORCEMENT ACCREDITATION COUNCIL AS PART OF
THE MANDATORY ACCREDITATION PURSUANT TO THIS CHAPTER.
§ 11. Subdivision 4 of section 845 of the executive law, as added by
chapter 491 of the laws of 2010, is amended to read as follows:
4. Upon the failure or refusal to comply with the requirements of
subdivision two of this section, [the commissioner may apply to the
supreme court for an order directed to the person responsible requiring
compliance. Upon such application the court may issue such order as may
be just, and a failure to comply with the order of the court shall be a
contempt of court and punishable as such] OR UPON INFORMATION INDICATING
THAT A REPORT MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION DOES NOT
ACCURATELY REFLECT THE CIRCUMSTANCES PERTAINING TO AN OFFICER WHO HAS
CEASED TO SERVE, THE COMMISSIONER MAY UPDATE THE CENTRAL REGISTRY OF
POLICE AND PEACE OFFICERS TO ACCURATELY REFLECT THE INFORMATION REQUIRED
BY SUBDIVISION TWO OF THIS SECTION. THE COMMISSIONER MAY CONSIDER RELI-
ABLE HEARSAY EVIDENCE IN MAKING A DETERMINATION TO UPDATE THE CENTRAL
REGISTRY OF POLICE AND PEACE OFFICERS. AN AGENCY RESPONSIBLE FOR COMPLI-
ANCE WITH SUBDIVISION TWO OF THIS SECTION OR AN INDIVIDUAL AFFECTED BY
SUCH REPORTING, MAY APPLY TO A COURT, PURSUANT TO THE PROVISIONS OF
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, UPON A
DISPUTE CONCERNING THE ACCURACY OF THE INFORMATION MAINTAINED ON THE
CENTRAL REGISTRY OF POLICE AND PEACE OFFICERS.
S. 2505 44 A. 3005
§ 12. Paragraph (c) of subdivision 1 of section 846-h of the executive
law, as added by chapter 521 of the laws of 1988, is amended and new
paragraph (d) is added to read as follows:
(c) The council shall recommend rules and regulations establishing
[an] A VOLUNTARY accreditation process that encourages and provides law
enforcement agencies with a voluntary opportunity to demonstrate that
they meet the model standards developed by the council. The accredi-
tation process shall provide that applications for accreditation shall
be submitted by the chief law enforcement officer of the agency so
applying only upon the approval of the chief elected officer, or if
there is no chief elected officer, by the local governing body. Such
model standards and rules and regulations shall be transmitted to the
temporary president of the senate, the speaker of the assembly, every
law enforcement agency, mayor and appropriate town and county official
in the state on or before April first, nineteen hundred eighty-nine. The
rules and regulations in final form shall be transmitted to the governor
on or after June first, nineteen hundred eighty-nine and shall be effec-
tive following their approval by the governor. ACCREDITATION OF HIRING
PRACTICES ONLY SHALL, HOWEVER, BE MANDATORY FOR AGENCIES EMPLOYING
POLICE OFFICERS DEFINED IN PARAGRAPHS (B), (C), (D), (E), (F), (J), (K),
(L), (O), (P), (S) AND (U) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW ONLY AFTER THE COUNCIL PROMULGATES RULES AND
REGULATIONS SOLELY FOR THE PURPOSE OF ENSURING HIRING PRACTICES PROTECT
THE INTEGRITY OF THE DEPARTMENT WHICH MAY PROMULGATE REQUIREMENTS
RELATED TO HIRING, BACKGROUND CHECKS, VERIFICATION OF GOOD MORAL CHARAC-
TER AND THE REPORTING OF MISCONDUCT TO THE DIVISION.
(D) THE COUNCIL MAY REVOKE, OR WITHHOLD THE GRANTING OF, THE ACCREDI-
TATION STATUS OF AN AGENCY FOR FAILURE TO ADHERE TO MANDATORY ACCREDI-
TATION STANDARDS LISTED IN PARAGRAPH (C) OF THIS SUBDIVISION, OR FOR ANY
AGENCY THAT HAS VOLUNTARILY ADOPTED ADDITIONAL ACCREDITATION STANDARDS,
SUCH ACCREDITATION MAY BE REVOKED AS TO SUCH AGENCY FOR SUCH STANDARDS.
§ 13. Subdivisions 2, 4 and 5 of section 846-h of the executive law,
as added by chapter 521 of the laws of 1988, are amended to read as
follows:
2. (a) The law enforcement agency accreditation council shall consist
of:
(i) [Three] TWO incumbent sheriffs of the state;
(ii) [Three] TWO incumbent chiefs of police;
(iii) One incumbent deputy sheriff;
(iv) One incumbent police officer;
(v) The superintendent of state police;
(vi) The commissioner of police of the city of New York;
(vii) One incumbent chief executive officer of a county of the state;
(viii) One incumbent mayor of a city or village of the state;
(ix) One incumbent chief executive officer of a town of the state;
(x) One member of a statewide labor organization representing police
officers as that term is defined in subdivision thirty-four of section
1.20 of the criminal procedure law;
(xi) One full-time faculty member of a college or university who
teaches in the area of criminal justice or police science; [and]
(xii) Two members appointed pursuant to subparagraph (ix) of paragraph
(c) of this subdivision.
(xiii) One incumbent chief of police or commissioner of police from a
municipality in the state with a police department consisting of more
than one hundred officers;
S. 2505 45 A. 3005
(xiv) One incumbent sheriff in the state from an agency with more than
one hundred deputy sheriffs;
(xv) One representative of victims of crime; and
(xvi) One representative from a community with high numbers of police
an community interactions.
(b) With the exception of the superintendent of state police and the
commissioner of police of the city of New York, each member of the coun-
cil shall be appointed by the governor to serve a [two year] TWO-YEAR
term. Any member appointed by the governor may be reappointed for addi-
tional terms.
(c) The governor shall make appointments to the council as follows:
(i) Each member who is an incumbent sheriff of the state shall be
chosen from a list of two eligible persons submitted by the New York
state sheriffs' association;
(ii) Each member who is an incumbent chief of police shall be chosen
from a list of two eligible persons submitted by the New York state
association of chiefs of police;
(iii) The member who is an incumbent deputy sheriff shall be chosen
from a list of two eligible persons submitted jointly by the New York
state sheriffs' association and the New York state deputy sheriffs'
association, inc.;
(iv) The member who is an incumbent police officer shall be chosen
from a list of two eligible persons submitted jointly by the New York
state association of chiefs of police and a statewide labor organization
representing police officers as that term is defined in subdivision
thirty-four of section 1.20 of the criminal procedure law;
(v) The member who is an incumbent chief executive officer of a county
of the state shall be chosen from a list of two eligible persons submit-
ted by the New York state association of counties;
(vi) The member who is an incumbent mayor of a city or village of the
state shall be chosen from a list of two eligible persons submitted by
the New York state conference of mayors;
(vii) The member who is an incumbent chief executive officer of a town
of the state shall be chosen from a list of two eligible persons submit-
ted by the association of towns of the state of New York;
(viii) The governor may appoint any eligible person to be a member who
is an active member of a statewide labor organization representing
police officers; and
(ix) The temporary president of the senate and the speaker of the
assembly shall each nominate one member as provided in subparagraph
(xii) of paragraph (a) of this subdivision.
(d) In making such appointments, the governor shall select individuals
from municipalities that are representative, to the extent possible, of
the varying sizes of communities and law enforcement agencies in the
state.
(e) Any member chosen to fill a vacancy, including a vacancy in the
chairperson, created otherwise than by expiration of term shall be
appointed by the governor for the unexpired term of the member he is to
succeed. Any such vacancy shall be filled in the same manner as the
original appointment.
(f) Any member who shall cease to hold the position which qualified
him for such appointment shall cease to be a member of the council.
4. The governor shall designate from among the members of the council
a chairperson who shall serve at the pleasure of the governor. DURING A
VACANCY OF THE CHAIRPERSON THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL SERVE AS THE TEMPORARY CHAIRPERSON.
S. 2505 46 A. 3005
5. The law enforcement agency accreditation council shall meet at
least four times in a year. Special meetings may be called by the chair-
person and shall be called by him at the request of the governor or upon
the written request of [nine] TEN members of the council. The council
may establish its own QUORUM rules and procedures with respect to the
conduct of its meetings and other affairs not inconsistent with law;
PROVIDED, HOWEVER, THAT ALL RECOMMENDATIONS MADE BY THE COUNCIL TO THE
GOVERNOR AS PROVIDED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION
SHALL REQUIRE THE AFFIRMATIVE VOTE OF TEN MEMBERS OF THE COUNCIL.
§ 14. Paragraphs (b), (c), (d), (e), (f), (j), (k), (l), (o), (p), (s)
and (u) of subdivision 34 of section 1.20 of the criminal procedure law,
paragraph (e) as amended by chapter 662 of the laws of 1972, paragraph
(f) as amended by chapter 22 of the laws of 1974, paragraph (j) as
amended by chapter 858 of the laws of 1972, paragraph (k) as separately
amended by chapters 282 and 877 of the laws of 1974, paragraph (l) as
added by chapter 282 of the laws of 1974, paragraph (o) as amended by
chapter 599 of the laws of 2000, paragraph (p) as amended by chapter 476
of the laws of 2018, paragraph (s) as added by chapter 424 of the laws
of 1998 and paragraph (u) as added by chapter 558 of the laws of 2005,
are amended to read as follows:
(b) Sheriffs, under-sheriffs and deputy sheriffs of counties outside
of New York City WHERE SUCH DEPARTMENT MEETS THE MANDATORY ACCREDITATION
REQUIREMENTS PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H OF THE EXECU-
TIVE LAW;
(c) A sworn officer of an authorized county or county parkway police
department WHERE SUCH DEPARTMENT MEETS THE MANDATORY ACCREDITATION
REQUIREMENTS PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H OF THE EXECU-
TIVE LAW;
(d) A sworn officer of an authorized police department or force of a
city, town, village or police district WHERE SUCH DEPARTMENT OR FORCE
MEETS THE MANDATORY ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT
HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW;
(e) A sworn officer of an authorized police department of an authority
or a sworn officer of the state regional park police in the office of
parks and recreation WHERE SUCH DEPARTMENT OR FORCE MEETS THE MANDATORY
ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H
OF THE EXECUTIVE LAW;
(f) A sworn officer of the capital police force of the office of
general services WHERE SUCH FORCE MEETS THE MANDATORY ACCREDITATION
REQUIREMENTS PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H OF THE EXECU-
TIVE LAW;
(j) A sworn officer of the division of law enforcement in the depart-
ment of environmental conservation WHERE SUCH DIVISION MEETS THE MANDA-
TORY ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT HUNDRED
FORTY-SIX-H OF THE EXECUTIVE LAW;
(k) A sworn officer of a police force of a public authority created by
an interstate compact WHERE SUCH FORCE MEETS THE MANDATORY ACCREDITATION
REQUIREMENTS PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H OF THE EXECU-
TIVE LAW;
(l) Long Island railroad police[.] WHERE SUCH DEPARTMENT OR FORCE
MEETS THE MANDATORY ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT
HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW;
(o) A sworn officer of the water-supply police employed by the city of
New York, appointed to protect the sources, works, and transmission of
water supplied to the city of New York, and to protect persons on or in
the vicinity of such water sources, works, and transmission[.] WHERE
S. 2505 47 A. 3005
SUCH DEPARTMENT OR FORCE MEETS THE MANDATORY ACCREDITATION REQUIREMENTS
PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW;
(p) Persons appointed as railroad police officers pursuant to section
eighty-eight of the railroad law[.] WHERE SUCH DEPARTMENT OR FORCE MEETS
THE MANDATORY ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT
HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW;
(s) A university police officer appointed by the state university
pursuant to paragraph 1 of subdivision two of section three hundred
fifty-five of the education law[.] WHERE SUCH DEPARTMENT OR FORCE MEETS
THE MANDATORY ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT
HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW;
(u) Persons appointed as Indian police officers pursuant to section
one hundred fourteen of the Indian law[.] WHERE SUCH DEPARTMENT OR FORCE
MEETS THE MANDATORY ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT
HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW;
§ 15. The opening paragraph of paragraph (b) and paragraph (c) of
subdivision 1 and paragraph a of subdivision 2 of section 209-q of the
general municipal law, the opening paragraph of paragraph (b) and para-
graph (c) of subdivision 1 as amended by chapter 551 of the laws of 2001
and paragraph a of subdivision 2 as amended by chapter 435 of the laws
of 1997, are amended to read as follows:
[A] UNLESS OTHERWISE DETERMINED BY THE COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES, A certificate attesting to satisfactory
completion of an approved municipal police basic training program
awarded by the executive director of the municipal police training coun-
cil pursuant to this subdivision shall remain valid:
(c) As used in this subdivision, the term "interruption" shall mean a
period of separation from employment as a police officer or peace offi-
cer who has an equivalency certificate for police officer training or an
approved course for state university of New York public safety officers
issued in accordance with subdivision three of section eight hundred
forty-one of the executive law, by reason of such officer's leave of
absence, resignation or removal, other than removal for cause WHERE THE
CERTIFICATE IS PERMANENTLY INVALID.
a. The term "police officer", as used in this section, shall mean a
[member of a police force or other organization of a municipality or a
detective or rackets investigator employed by the office of the district
attorney in any county located in a city of one million or more persons
who is responsible for the prevention or detection of crime and the
enforcement of the general criminal laws of the state, but shall not
include any person serving as such solely by virtue of his occupying any
other office or position, nor shall such term include a sheriff or
under-sheriff, the sheriff or deputy sheriff of the city of New York,
commissioner of police, deputy or assistant commissioner of police,
chief of police, deputy or assistant chief of police or any person
having an equivalent title who is appointed or employed by a county,
city, town, village or police district to exercise equivalent superviso-
ry authority] PERSON DEFINED AS A POLICE OFFICER PURSUANT TO SUBDIVISION
THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW WHO IS
APPOINTED OR EMPLOYED BY A COUNTY, CITY, TOWN, VILLAGE OR POLICE
DISTRICT.
§ 16. Paragraph (a-1) of subdivision 4 of section 1279 of the public
authorities law, as added by chapter 104 of the laws of 2020, is amended
to read as follows:
(a-1) to receive and investigate complaints from any source, or upon
his or her own initiative, concerning allegations of corruption, fraud,
S. 2505 48 A. 3005
use of excessive force, criminal activity, conflicts of interest or
abuse by any police officer under the jurisdiction of the office of the
metropolitan transportation authority AND PROMPTLY INFORM THE DIVISION
OF CRIMINAL JUSTICE SERVICES, IN THE FORM AND MANNER AS PRESCRIBED BY
THE DIVISION, OF SUCH ALLEGATIONS AND THE PROGRESS OF INVESTIGATIONS
RELATED THERETO. NOTHING IN THIS PARAGRAPH SHALL REQUIRE THE DIVISION OF
CRIMINAL JUSTICE SERVICES TO TAKE ACTION OR PREVENT THE DIVISION OF
CRIMINAL JUSTICE SERVICES FROM TAKING ACTION AUTHORIZED PURSUANT TO
SUBDIVISION FOUR OF SECTION EIGHT HUNDRED FORTY-FIVE OF THE EXECUTIVE
LAW IN THE TIME AND MANNER DETERMINED BY THE COMMISSIONER OF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES.
§ 17. Paragraphs (c) and (d) of subdivision 1 of section 58 of the
civil service law, as amended by chapter 244 of the laws of 2013, are
amended to read as follows:
(c) he or she satisfies the height, weight [and], physical AND PSYCHO-
LOGICAL fitness requirements prescribed by the municipal police training
council pursuant to the provisions of section eight hundred forty of the
executive law; and
(d) he or she is of good moral character AS DETERMINED BY A BACKGROUND
INVESTIGATION STANDARD PROMULGATED BY THE MUNICIPAL POLICE TRAINING
COUNCIL PURSUANT TO THE PROVISIONS OF SECTION EIGHT HUNDRED FORTY OF THE
EXECUTIVE LAW OR PURSUANT TO THE MANDATORY ACCREDITATION STANDARDS
PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW.
§ 18. Subdivision 5 of section 58 of the civil service law is REPEALED
and subdivision 6 is renumbered subdivision 5.
§ 19. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided however the amendments to
paragraph (c) of subdivision 1 of section 846-h of the executive law
made by section twelve of this act and the amendments to subdivision 34
of section 1.20 of the criminal procedure law made by section fourteen
of this act pertaining to the required accreditation of police agencies
shall take effect three years after such effective date; and provided
further that if chapter 104 of the laws of 2020 shall not have taken
effect on or before such date then sections three, four, five and
sixteen of this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2020, takes effect.
PART L
Section 1. Section 63 of the executive law is amended by adding a new
subdivision 17 to read as follows:
17. (A) ANY LOCAL GOVERNMENT ENTITY WHICH HAS A POLICE AGENCY OPERAT-
ING WITH POLICE OFFICERS AS DEFINED UNDER SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW THAT FAILS TO TRANSMIT TO THE DIRECTOR OF THE DIVISION OF
THE BUDGET THE CERTIFICATION REQUIRED BY EXECUTIVE ORDER NUMBER TWO
HUNDRED THREE ISSUED ON JUNE TWELFTH, TWO THOUSAND TWENTY AND TITLED
"NEW YORK STATE POLICE REFORM AND REINVENTION COLLABORATIVE" ON OR
BEFORE APRIL FIRST, TWO THOUSAND TWENTY-ONE SHALL, UPON REQUEST OF THE
GOVERNOR OR THE DIRECTOR OF THE DIVISION OF THE BUDGET, BE REQUIRED TO
INSTALL A MONITOR, TO OVERSEE OPERATIONS OF SUCH POLICE AGENCY, UNTIL
SUCH TIME THAT THE REQUIRED CERTIFICATION IS SUBMITTED TO THE DIRECTOR
OF THE DIVISION OF THE BUDGET. SUCH MONITOR SHALL BE APPOINTED BY THE
ATTORNEY GENERAL, IN CONSULTATION WITH THE GOVERNOR, AT THE EXPENSE OF
THE POLICE AGENCY OR RESPONSIBLE LOCAL GOVERNMENT. THE CERTIFICATION
FILED WITH THE DIRECTOR OF THE DIVISION OF THE BUDGET MUST AFFIRM THAT
SUCH LOCAL GOVERNMENT HAS COMPLIED WITH THE PROCESS SET FORTH IN EXECU-
S. 2505 49 A. 3005
TIVE ORDER NUMBER TWO HUNDRED THREE BY ADOPTING A LOCAL LAW OR RESOL-
UTION THAT INCLUDES ITS PLAN TO ADOPT AND IMPLEMENT THE RECOMMENDATIONS
RESULTING FROM ITS REVIEW AND CONSULTATION WITH THE COMMUNITY TO IMPROVE
SUCH POLICE FORCE DEPLOYMENTS, STRATEGIES, POLICIES, PROCEDURES, AND
PRACTICES FOR THE PURPOSES OF ADDRESSING THE PARTICULAR NEEDS OF THE
COMMUNITIES SERVED BY SUCH POLICE AGENCY AND PROMOTE COMMUNITY ENGAGE-
MENT TO FOSTER TRUST, FAIRNESS, AND LEGITIMACY, AND TO ADDRESS ANY
RACIAL BIAS AND DISPROPORTIONATE POLICING OF COMMUNITIES OF COLOR.
(B) THE APPOINTMENT OF A MONITOR, PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, SHALL BE IMPOSED IN ADDITION TO ANY WITHHOLDING OF APPRO-
PRIATED STATE FUNDS BY THE DIRECTOR OF THE DIVISION OF THE BUDGET IN
ACCORDANCE WITH THE AUTHORITY GRANTED IN ANY APPROPRIATIONS BILL ENACTED
FOR SUCH FISCAL YEARS IN WHICH SUCH WITHHOLDING OF FUNDS OCCURS, AS
DIRECTED BY EXECUTIVE ORDER NUMBER TWO HUNDRED THREE.
§ 2. This act shall take effect immediately.
PART M
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,
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, 2021 and shall
expire and be deemed repealed March 31, 2023.
PART N
Section 1. Section 265.17 of the penal law, as amended by chapter 1
of the laws of 2013, is amended to read as follows:
§ 265.17 Criminal purchase or disposal of a weapon.
A person is guilty of criminal purchase or disposal of a weapon when:
1. Knowing that he or she is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction or because of
some other disability which would render him or her ineligible to
lawfully possess a firearm, rifle or shotgun in this state, OR HE OR SHE
BEING THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST ISSUED UPON THE
ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE, such person purchases
OR OTHERWISE ACQUIRES a firearm, rifle or shotgun from another person;
or
2. Knowing that it would be unlawful for another person to possess a
firearm, rifle or shotgun, OR KNOWING THAT ANOTHER PERSON IS THE SUBJECT
OF AN OUTSTANDING WARRANT OF ARREST ISSUED UPON THE ALLEGED COMMISSION
OF A FELONY OR SERIOUS OFFENSE, he or she purchases OR OTHERWISE
ACQUIRES a firearm, rifle or shotgun for, on behalf of, or for the use
of such other person; or
3. Knowing that another person is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction or because of
some other disability which would render him or her ineligible to
lawfully possess a firearm, rifle or shotgun in this state, OR KNOWING
THAT ANOTHER PERSON IS THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST
ISSUED UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE, a
person disposes of a firearm, rifle or shotgun to such other person.
S. 2505 50 A. 3005
Criminal purchase or disposal of a weapon is a class D felony.
§ 2. This act shall take effect July 1, 2021.
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 BY SUCH AGENCY AS
AN ABANDONED OR DISCARDED GUN, SUCH 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 SUCH AGENCY HAS TAKEN
POSSESSION OF SUCH GUN. EVERY REPORT MADE TO THE CRIMINAL GUN CLEARING-
HOUSE SHALL RESULT IN THE SUBMISSION OF A REQUEST TO THE NATIONAL TRAC-
ING CENTER OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO
INITIATE A TRACE OF SUCH GUN AND THE BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES SHALL BE DIRECTED TO PROVIDE THE GUN TRACE
RESULTS 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 DATA 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 IN OR ASSOCI-
ATED WITH THE COMMISSION OF A CRIME, OR IS OTHERWISE RECOVERED BY SUCH
AGENCY AS AN ABANDONED OR DISCARDED GUN, SUCH AGENCY SHALL ARRANGE FOR
EVERY SUCH GUN THAT IS DETERMINED TO BE OF A TYPE THAT IS ELIGIBLE FOR
S. 2505 51 A. 3005
NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND CORRE-
LATION TO BE TEST-FIRED AS SOON AS PRACTICABLE, AND THE RESULTS OF SUCH
TEST-FIRING SHALL BE SUBMITTED FORTHWITH TO THE NATIONAL INTEGRATED
BALLISTIC INFORMATION NETWORK TO DETERMINE WHETHER SUCH GUN IS ASSOCI-
ATED 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 SEIZES OR RECOV-
ERS ANY AMMUNITION CARTRIDGE CASE FROM THE SCENE OF A CRIME THAT IS OF A
TYPE THAT IS ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC INFORMATION
NETWORK DATA ENTRY AND CORRELATION, OR OTHERWISE HAS REASON TO BELIEVE
THAT ANY SEIZED OR RECOVERED AMMUNITION CARTRIDGE CASE THAT IS OF A TYPE
THAT IS ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK
DATA ENTRY AND CORRELATION IS RELATED TO OR ASSOCIATED WITH THE COMMIS-
SION OF A CRIME OR THE UNLAWFUL DISCHARGE OF A GUN, SUCH 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, SUCH AGENCY SHALL PROMPTLY ENTER THE MAKE, MODEL, CALIBER, AND
SERIAL NUMBER OF SUCH GUN INTO THE NATIONAL CRIME INFORMATION CENTER
SYSTEM TO DETERMINE WHETHER SUCH 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 July 1, 2021.
PART P
Section 1. Section 5 of chapter 268 of the laws of 1996, amending the
education law and the state finance law relating to providing a recruit-
ment incentive and retention program for certain active members of the
New York army national guard, New York air national guard, and New York
naval militia, as amended by section 1 of part E of chapter 57 of the
laws of 2016, is amended to read as follows:
§ 5. This act shall take effect January 1, 1997 and shall expire and
be deemed repealed September 1, [2021] 2026; provided that any person
who has begun to receive the benefits of this act prior to its expira-
tion and repeal shall be entitled to continue to receive the benefits of
this act after its expiration and repeal until completion of a baccalau-
reate degree or cessation of status as an active member, whichever
occurs first.
§ 2. This act shall take effect immediately.
PART Q
Section 1. Paragraph (d) of subdivision 2 of section 8-400 of the
election law, as separately amended by chapters 97 and 104 of the laws
of 2010, is amended to read as follows:
(d) The board of elections shall mail an absentee ballot to every
qualified voter otherwise eligible for such a ballot, who requests such
an absentee ballot from such board of elections in writing in a letter,
telefax indicating the address, phone number and the telefax number from
which the writing is sent or other written instrument, which is signed
by the voter and received by the board of elections not earlier than the
[thirtieth] FORTY-FIFTH day nor later than the seventh day before the
election for which the ballot is first requested and which states the
address where the voter is registered and the address to which the
ballot is to be mailed; provided, however, a military voter may request
S. 2505 52 A. 3005
a military ballot or voter registration application or an absentee
ballot application in a letter as provided in subdivision three of
section 10-106 of this chapter; and provided further, a special federal
voter may request a special federal ballot or voter registration appli-
cation or an absentee ballot application in a letter as provided in
paragraph d of subdivision one of section 11-202 of this chapter. The
board of elections shall enclose with such ballot a form of application
for absentee ballot if the applicant is registered with such board of
elections.
§ 2. This act shall take effect immediately.
PART R
Section 1. Section 8-406 of the election law, as amended by chapter
296 of the laws of 1988, is amended to read as follows:
§ 8-406. Absentee ballots, delivery of. If the board shall find that
the applicant is a qualified voter of the election district containing
[his] THE APPLICANT'S residence as stated in [his] THE APPLICANT'S
statement and that [his] THE APPLICANT'S statement is sufficient, it
shall, as soon as practicable after it shall have determined [his] THE
APPLICANT'S right thereto, AND WITHIN FOUR BUSINESS DAYS OF RECEIVING
THE APPLICATION, OR, WHERE THE APPLICATION WAS RECEIVED BETWEEN THE
TENTH DAY AND NOT LATER THAN THE SEVENTH DAY BEFORE THE ELECTION, WITHIN
TWENTY-FOUR HOURS, mail to [him] THE APPLICANT at an address designated
by [him] THE APPLICANT, or deliver to [him] THE APPLICANT, or to any
person designated for such purpose in writing by [him] THE APPLICANT, at
the office of the board, such an absentee voter's ballot or set of
ballots and an envelope therefor. If the ballot or ballots are to be
sent outside of the United States to a country other than Canada or
Mexico, such ballot or ballots shall be sent by air mail. However, if an
applicant who is eligible for an absentee ballot is a resident of a
facility operated or licensed by, or under the jurisdiction of, the
department of mental hygiene, or a resident of a facility defined as a
nursing home or residential health care facility pursuant to subdivi-
sions two and three of section two thousand eight hundred one of the
public health law, or a resident of a hospital or other facility oper-
ated by the Veteran's Administration of the United States, such absentee
ballot need not be so mailed or delivered to any such applicant but, may
be delivered to the voter in the manner prescribed by section 8-407 of
this [chapter] TITLE if such facility is located in the county or city
in which such voter is eligible to vote.
§ 2. This act shall take effect immediately.
PART S
Section 1. Paragraphs (a), (b) and (c) of subdivision 4 of section
8-600 of the election law, as added by chapter 6 of the laws of 2019,
are amended to read as follows:
(a) Polls shall be open for early voting for at least eight hours
between seven o'clock in the morning and [eight] NINE o'clock in the
evening each week day during the early voting period.
(b) At least one polling place for early voting shall remain open
until [eight] NINE o'clock in the evening on at least [two] THREE week
days in each calendar week during the early voting period. If polling
places for early voting are limited to voters from certain areas pursu-
ant to subdivision three of this section, polling places that remain
S. 2505 53 A. 3005
open until [eight] NINE o'clock shall be designated such that any person
entitled to vote early may vote until [eight] NINE o'clock in the even-
ing on at least [two] THREE week days during the early voting period.
(c) Polls shall be open for early voting for at least [five] TEN hours
between nine o'clock in the morning and [six] NINE o'clock in the even-
ing on each Saturday, Sunday and legal holiday during the early voting
period.
§ 2. This act shall take effect immediately.
PART T
Section 1. Subdivision 1 of section 9-209 of the election law, as
amended by chapter 104 of the laws of 2010, is amended to read as
follows:
1. (a) The board of elections shall designate itself or such of its
employees as it shall deem appropriate as a set of poll clerks to EXAM-
INE, cast and canvass such ballots, and fix a time and place for their
meeting for such [purpose, provided that such meeting shall be no more
than fourteen days after a general or special election and no more than
eight days after a primary election at which such ballots are voted.]
PURPOSES. STARTING FORTY DAYS PRIOR TO THE DAY OF THE ELECTION, SUCH
POLL CLERKS SHALL EXAMINE AND DETERMINE THE VALIDITY OF ABSENTEE BALLOT
ENVELOPES AS THEY ARE RECEIVED BY THE BOARD OF ELECTIONS. SUCH EXAMINA-
TION SHALL OCCUR EVERY BUSINESS DAY PRIOR TO THE DAY OF THE ELECTION,
OR, UPON BIPARTISAN AGREEMENT, ON SUCH OTHER SCHEDULE AS DETERMINED BY
THE BOARD, PROVIDED THAT THE BOARD POST WHEN SUCH EXAMINATIONS SHALL
OCCUR ON ITS WEBSITE.
(B) BEGINNING FOUR HOURS BEFORE THE CLOSE OF POLLS ON THE ELECTION
DAY, BOARD OF ELECTIONS EMPLOYEES SHALL BEGIN TO PREPARE AND CANVASS
VALID ABSENTEE BALLOTS RECEIVED PRIOR TO SUCH DATE FOR CANVASSING BY
HAND OR CENTRAL SCANNER. SUCH PREPARATION SHALL INCLUDE, BUT NOT BE
LIMITED TO, REVIEWING THE VOTER HISTORY RECORD FOR EACH VOTER WHO
SUBMITTED AN ABSENTEE BALLOT TO REFLECT ANY INSTANCE OF EARLY VOTING BY
SUCH VOTERS, OPENING ABSENTEE BALLOT AFFIRMATION ENVELOPES, REMOVING
BALLOTS FROM ABSENTEE BALLOT AFFIRMATION ENVELOPES, STACKING ABSENTEE
BALLOTS, AND INSERTING BALLOTS INTO A CENTRAL SCANNER OR OTHER VOTE
COUNTING DEVICE. ANY BALLOTS PREPARED AND CANVASSED DURING THIS PERIOD
SHALL BE SECURED IN THE SAME MANNER AS VOTED BALLOTS CAST DURING EARLY
VOTING OR ON ELECTION DAY. ALL ABSENTEE BALLOTS NOT SET ASIDE TO BE
CURED BY THE VOTER PURSUANT TO THIS SECTION AND RECEIVED PRIOR TO
ELECTION DAY SHALL BE CANVASSED ON ELECTION DAY.
(C) NO UNOFFICIAL TABULATIONS OF ELECTION RESULTS SHALL BE PRINTED OR
VIEWED IN ANY MANNER UNTIL AFTER THE CLOSE OF POLLS ON ELECTION DAY AT
WHICH TIME SUCH TABULATIONS SHALL BE ADDED INTO THE ELECTION NIGHT
CANVASS TOTALS.
(D) BOARD OF ELECTIONS EMPLOYEES SHALL FOLLOW ALL RELEVANT PROVISIONS
OF THIS ARTICLE FOR CANVASSING, PROCESSING, RECORDING, AND ANNOUNCING
RESULTS OF VOTING AND SECURING BALLOTS, SCANNERS, AND OTHER ELECTION
MATERIALS. SUCH CANVASS MAY OCCUR AT THE OFFICES OF THE BOARD OF
ELECTIONS, OR SUCH OTHER LOCATION DESIGNATED BY THE BOARD OF ELECTIONS.
(E) IN CANVASSING SUCH BALLOTS, THE BOARD SHALL TAKE ALL MEASURES
NECESSARY TO ENSURE THE PRIVACY OF VOTERS AND NON-PUBLIC RELEASE OF
ELECTION RESULTS PRIOR TO THE CLOSE OF POLLS ON ELECTION DAY.
(F) The board may designate additional sets of poll clerks and if it
designates more than one such set shall apportion among all such sets
the election districts from which such ballots have been received,
S. 2505 54 A. 3005
provided that all such ballots from a single election district shall be
assigned to a single set of clerks, and that each such set shall be
divided equally between representatives of the two major political
parties. Each such set of clerks shall be deemed a central board of
inspectors for purposes of this section.
[(b)] (G) At least five days prior to the time fixed for [such] A
meeting TO EXAMINE OR CAST AND CANVASS ABSENTEE BALLOTS SUBSEQUENT TO
THE DAY OF THE ELECTION, the board shall send notice by first class mail
to each candidate, political party, and independent body entitled to
have had watchers present at the polls in any election district in the
board's jurisdiction. Such notice shall state the time and place fixed
by the board for such canvass.
[(c)] (H) Each such candidate, political party, and independent body
shall be entitled to appoint such number of watchers to attend upon each
central board of inspectors as such candidate, political party, or inde-
pendent body was entitled to appoint at such election in any one
election district for which such central board of inspectors is desig-
nated to act.
§ 2. Section 9-209 of the election law is amended by adding three new
subdivisions 4, 5 and 6 to read as follows:
4. IF THE BOARD OF ELECTIONS MANUALLY CANVASSES BALLOTS, IT SHALL
REVIEW THE BALLOT TO DETERMINE ITS VALIDITY CONSISTENT WITH SECTION
9-112 OF THIS ARTICLE. IN CASES WHERE THE EXPRESS INTENT OF THE VOTER
IS UNAMBIGUOUS, ANY STRAY MARKS OR WRITING SHALL NOT BE A BASIS FOR
VOIDING AN ABSENTEE BALLOT. IF THE ABSENTEE BALLOTS ARE TABULATED BY AN
OPTICAL SCAN VOTING SYSTEM, THEN A REVIEW OF THE ABSENTEE BALLOT SHALL
NOT OCCUR.
5. IF AN AFFIDAVIT BALLOT WAS CAST BY A VOTER ON THE DAY OF ELECTION
AND IT IS DETERMINED HE OR SHE ALSO SUBMITTED AN ABSENTEE BALLOT, SUCH
AFFIDAVIT SHALL BE LEFT ASIDE, UNOPENED.
6. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES OR REGULATIONS
NECESSARY FOR THE IMPLEMENTATION OF THESE PROVISIONS INCLUDING, BUT NOT
BE LIMITED TO, (I) ENSURING THAT VOTERS WHO SUBMITTED AN ABSENTEE BALLOT
AND THEREAFTER VOTED IN PERSON DURING THE EARLY VOTING PERIOD DO NOT
HAVE THEIR ABSENTEE BALLOT CANVASSED IN THE ELECTION; (II) BALLOTS SHALL
BE SUBJECT TO THE REQUIREMENTS OF VOTER PRIVACY; AND (III) ANY INDIVID-
UAL WHO HAS PREVIOUSLY REQUESTED AN ABSENTEE BALLOT SHALL BE REQUIRED TO
VOTE ON AN AFFIDAVIT BALLOT TO ENSURE THAT DUPLICATE VOTES ARE NOT
RECORDED.
§ 3. Clause (A) of subparagraph (i) of paragraph (a) of subdivision 2
of section 9-209 of the election law, as amended by chapter 308 of the
laws of 2011, is amended to read as follows:
(A) If a person whose name is on an envelope as a voter has already
voted in person at such election, or if his or her name and residence as
stated on the envelope are not on a registration poll record, or the
computer generated list of registered voters or the list of special
presidential voters, or if there is no name on the envelope, or if the
envelope is not sealed, such envelope shall be laid aside unopened;
PROVIDED, HOWEVER, THAT IF THE ENVELOPE IS NOT SEALED, SUCH VOTER SHALL
RECEIVE NOTICE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION.
§ 4. Paragraph c of subdivision 3 of section 5-506 of the election
law, as amended by section 6 of part XX of chapter 55 of the laws of
2019, is amended to read as follows:
c. The computer generated registration list prepared for each election
in each election district shall be prepared in a manner which meets or
S. 2505 55 A. 3005
exceeds standards for clarity and speed of production established by the
state board of elections, shall be in a form approved by such board,
shall include the names of all voters eligible to vote in such election
and shall be in alphabetical order, except that, at a primary election,
the names of the voters enrolled in each political party may be placed
in a separate part of the list or in a separate list, as the board of
elections in its discretion, may determine. Such list shall contain,
adjacent to each voter's name, or in a space so designated, at least the
following: street address, date of birth, party enrollment, year of
registration, a computer reproduced facsimile of the voter's signature
or an indication that the voter is unable to sign his OR HER name, a
place for the voter to sign his OR HER name at such election and a place
for the inspectors to mark the voting machine number, the public counter
number if any, or the number of any paper ballots given the voter. SUCH
LIST SHALL ALSO INCLUDE A NOTATION INDICATING IF SUCH VOTER WAS PROVIDED
AN ABSENTEE BALLOT FOR THE APPLICABLE ELECTION. THE FORMAT FOR SUCH
NOTATION SHALL BE PROMULGATED BY THE STATE BOARD OF ELECTIONS AND USED
UNIFORMLY IN COMPUTER GENERATED REGISTRATION LISTS.
§ 5. Subdivision 1 of section 4-128 of the election law, as amended by
section 2 of part XX of chapter 55 of the laws of 2019, is amended to
read as follows:
1. The board of elections of each county shall provide the requisite
number of official and facsimile ballots, two cards of instruction to
voters in the form prescribed by the state board of elections, at least
one copy of the instruction booklet for inspectors, a sufficient number
of maps, street finders or other descriptions of all of the polling
places and election districts within the political subdivision in which
the polling place is located to enable the election inspectors and poll
clerks to determine the correct election district and polling place for
each street address within the political subdivision in which the poll-
ing place is located, distance markers, tally sheets and return blanks,
pens, pencils, or other appropriate marking devices, envelopes for the
ballots of voters whose registration poll records are not in the ledger
or whose names are not in the computer generated registration list,
ENVELOPES FOR THE ABSENTEE BALLOTS OF VOTERS WHO HAVE ELECTED TO VOTE BY
MACHINE TO BE VOIDED, envelopes for returns, identification buttons,
badges or emblems for the inspectors and clerks in the form prescribed
by the state board of elections and such other articles of stationery as
may be necessary for the proper conduct of elections, except that when a
town, city or village holds an election not conducted by the board of
elections, the clerk of such town, city or village, shall provide such
official and facsimile ballots and the necessary blanks, supplies and
stationery for such election.
§ 6. Section 8-302 of the election law is amended by adding two new
subdivisions 2-b and 3-d to read as follows:
2-B. IF ON ELECTION DAY OR DURING EARLY VOTING A VOTER'S NAME APPEARS
IN THE LEDGER OR COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION
INDICATING THAT THE VOTER WAS PROVIDED AN ABSENTEE BALLOT, SUCH VOTER
SHALL BE PERMITTED TO CAST HIS OR HER VOTE ON THE VOTING MACHINE IF THE
VOTER SURRENDERS HIS OR HER ABSENTEE BALLOT AND AFFIRMATION OATH ENVEL-
OPE TO THE INSPECTOR AND SUCH ABSENTEE BALLOT IS MARKED "VOTED IN
PERSON" AND PLACED BY THE INSPECTOR IN AN ENVELOPE DESIGNATED FOR THIS
PURPOSE.
3-D. IF ON ELECTION DAY OR DURING EARLY VOTING A VOTER'S NAME APPEARS
IN THE LEDGER OR COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION
INDICATING THAT THE VOTER WAS PROVIDED AN ABSENTEE BALLOT AND SUCH VOTER
S. 2505 56 A. 3005
IS UNABLE TO SURRENDER HIS OR HER BALLOT AND AFFIRMATION OATH ENVELOPE
PURSUANT TO SUBDIVISION TWO-B OF THIS SECTION, SUCH VOTER SHALL ONLY BE
ENTITLED TO VOTE BY AFFIDAVIT BALLOT.
§ 7. Section 16-106 of the election law is amended by adding a new
subdivision 4-a to read as follows:
4-A. IN ORDER TO OBTAIN ANY ORDER FOR TEMPORARY OR PRELIMINARY INJUNC-
TIVE RELIEF OR AN IMPOUND ORDER HALTING OR ALTERING THE CANVASSING OF
ABSENTEE OR AFFIDAVIT BALLOTS AS PROVIDED FOR IN SECTION 9-209 OF THIS
CHAPTER, IN ADDITION TO THE CRITERIA IN ARTICLE SIXTY-THREE OF THE CIVIL
PRACTICE LAW AND RULES, THE PETITIONER MUST SHOW, BY CLEAR AND CONVINC-
ING EVIDENCE, THAT, BECAUSE OF PROCEDURAL IRREGULARITIES OR OTHER FACTS
ARISING DURING THE ELECTION, THE PETITIONER WILL BE IRREPARABLY HARMED
ABSENT SUCH RELIEF. FOR PURPOSES OF THIS SECTION, ALLEGATIONS THAT
OPINION POLLS OR TESTIMONIAL EVIDENCE THAT AN ELECTION WILL BE WITHIN
THE MARGIN OF THE RECOUNT AS SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION
FOUR OF SECTION 9-208 OF THIS CHAPTER ARE INSUFFICIENT TO SHOW IRREPARA-
BLE HARM TO A PETITIONER BY CLEAR AND CONVINCING EVIDENCE.
§ 8. Subdivision 20 of section 17-130 of the election law is amended
to read as follows:
20. Intentionally opens an absentee voter's envelope or examines the
contents thereof after the receipt of the envelope by the board of
elections and before the close of the polls at the election EXCEPT AS
PROVIDED FOR IN SECTION 9-209 OF THIS CHAPTER; or,
§ 9. This act shall take effect on the ninetieth day after it shall
have become a law.
PART U
Section 1. Paragraphs (a), (b) and (c) of subdivision 4 of section
9-208 of the election law, as added by section 1 of part JJ of chapter
55 of the laws of 2020, are amended to read as follows:
(a) [The] BASED ON THE RESULTS OF THE CANVASS THREE DAYS FOLLOWING THE
DEADLINE FOR RECEIPT OF ABSENTEE BALLOTS, THE board of elections or a
bipartisan committee appointed by the board shall conduct a full manual
recount of all ballots for a particular contest:
i. Where the margin of victory is twenty votes or less; or
ii. Where the margin of victory is 0.5% or less; or
iii. In a contest where one million or more ballots have been cast and
the margin of victory is less than 5,000 votes.
(b) For the purposes of this section, the term margin of victory shall
mean the margin between all votes cast in the entire contest [following
the recanvass of votes] BASED ON THE CURRENT RESULTS OF THE CANVASS
THREE DAYS FOLLOWING THE DEADLINE FOR RECEIPT OF ABSENTEE BALLOTS.
(c) Where the contest involves portions of two or more counties, the
margin of victory shall be determined by the state board of elections
based on the [most recent recanvass results] CURRENT RESULTS OF THE
CANVASS THREE DAYS FOLLOWING THE DEADLINE FOR THE RECEIPT OF ABSENTEE
BALLOTS for the contest submitted by the boards of elections of the
counties involved.
§ 2. Subdivision 4 of section 9-208 of the election law is amended by
adding a new paragraph (e) to read as follows:
(E) ANY MANUAL RECOUNT SHALL BEGIN BY TWO DAYS AFTER THE DATE REQUIRED
BY LAW AND BE COMPLETED WITHIN FIVE DAYS.
§ 3. This act shall take effect immediately.
PART V
S. 2505 57 A. 3005
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
UNDER SUCH POLICIES; AND (II) FEES AND OTHER COSTS, INCLUDING BUT NOT
LIMITED TO THOSE FOR CLAIMS SERVICES, RELATING TO SUCH AGREEMENTS. AN
AGREEMENT UNDER THIS SUBDIVISION SHALL NOT INCLUDE THE PROVISION OF
CLAIMS SERVICES FOR ANY CLAIM UNDER THIS CHAPTER.
B. FOR A POLICYHOLDER TO BE ELIGIBLE FOR INSURANCE IN STATES OTHER
THAN NEW YORK PROVIDED THROUGH AGREEMENTS ENTERED INTO UNDER THIS SUBDI-
VISION, 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
OBLIGATIONS TO PAY WORKERS' COMPENSATION BENEFITS IN ALL STATES, IN THE
AGGREGATE, OTHER THAN NEW YORK WHEN COVERED UNDER SUCH AGREEMENTS; 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 WHEN COVERED UNDER SUCH AGREEMENTS FOR THE PRIOR
POLICY PERIOD. FOR DETERMINING ELIGIBILITY, "PREMIUMS" 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 COMMIS-
SIONERS.
§ 2. This act shall take effect immediately.
PART W
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, TWO, THREE AND 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 WITH THE QUALITATIVE
STANDARDS OR QUANTITATIVE LIMITATIONS WHICH ARE SET FORTH IN SUCH PARA-
GRAPHS except that [up to] A MINIMUM OF five percent of such reserve
funds [may] SHALL be invested in the TYPES OF securities [of any solvent
S. 2505 58 A. 3005
American institution as] described in [such paragraph irrespective of
the rating of such institution's obligations or other similar qualita-
tive standards described therein] PARAGRAPHS ONE, TWO, THREE AND 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 FIFTY PERCENT OF UNEARNED PREMIUM RESERVES, by
order of the commissioners, 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, twenty-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,
TWO, THREE AND FOUR OF SUBSECTION (B) OF SECTION ONE THOUSAND FOUR
HUNDRED TWO OF THE INSURANCE LAW AND subsection (a) of section one thou-
sand 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 irrespec-
tive of the rating of such institution'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 funds in securities or
investments which do not otherwise qualify for investment under this
section as shall be made with the care, prudence and diligence under the
circumstances then prevailing that a prudent person acting in a like
capacity and familiar with such matters would use in the conduct of an
enterprise of a like character and with like aims as provided for the
state insurance fund under this article, but shall not include any
direct derivative instrument or derivative transaction except for hedg-
ing purposes] IN ACCORDANCE WITH SECTION ONE THOUSAND FOUR HUNDRED TEN
OF THE INSURANCE LAW. [Notwithstanding any other provision in this
subdivision, the aggregate amount that the state insurance fund may
invest in the types of securities or investments described in paragraphs
three, eight and ten of subsection (a) of section one thousand four
hundred four of the insurance law and as a prudent person acting in a
like capacity would invest as provided in this subdivision shall not
exceed fifty percent of such surplus funds.]
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 SECTION ONE THOU-
SAND FOUR HUNDRED NINE OF THE INSURANCE LAW.
S. 2505 59 A. 3005
§ 2. Subsection (c) of section 1108 of the insurance law, as amended
by section 38 of part SS of chapter 54 of the laws of 2016, is amended
to read as follows:
(c) The state insurance fund of this state, except as to the
provisions of SECTION ONE THOUSAND FOUR HUNDRED TEN, subsection (d) of
section two thousand three hundred thirty-nine, section three thousand
one hundred ten, subsection (a), paragraph one of subsection (b), para-
graph three of subsection (c) and subsection (d) of section three thou-
sand two hundred one, sections three thousand two hundred two, three
thousand two hundred four, subsections (a) through (d) of section three
thousand two hundred twenty-one, subsections (b) and (c) of section four
thousand two hundred twenty-four, section four thousand two hundred
twenty-six and subsections (a) and (b), (g) through (j), and (n) of
section four thousand two hundred thirty-five of this chapter and except
as otherwise specifically provided by the laws of this state.
§ 3. Subsection (a) of section 1410 of the insurance law, as added by
chapter 650 of the laws of 1998, is amended to read as follows:
(a) For purposes of this section, except subsection (k) of this
section, an insurer shall mean a domestic life insurer, a domestic
property/casualty insurer, a domestic reciprocal insurer, a domestic
mortgage guaranty insurer, a domestic co-operative property/casualty
insurance corporation [or], a domestic financial guaranty insurer, OR
THE STATE INSURANCE FUND OF THIS STATE.
§ 4. This act shall take effect immediately.
PART X
Section 1. Subdivision 5 of section 27 of the workers' compensation
law, as amended by chapter 6 of the laws of 2007, is amended to read as
follows:
5. All computations made OR DIRECTED by the board shall be upon the
basis of (I) the survivorship annuitants table of mortality, the remar-
riage tables of the Dutch Royal Insurance Institution APPLICABLE TO
CLAIMS FOR ACCIDENTS OCCURRING ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, AND (II) BEGINNING JANUARY FIRST, TWO THOUSAND
TWENTY-TWO, AND ON JANUARY FIRST OF EACH TENTH YEAR THEREAFTER, THE
UNITED STATES LIFE TABLE FOR THE TOTAL POPULATION PUBLISHED BY THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE REMARRIAGE TABLE
PUBLISHED BY THE UNITED STATES RAILROAD RETIREMENT BOARD APPLICABLE TO
CLAIMS FOR ACCIDENTS OCCURRING ON OR AFTER JANUARY FIRST OF THE YEAR
FOLLOWING THE ADOPTION OF ANY REVISION OF SUCH TABLES AS PROVIDED IN
THIS SUBDIVISION and interest at three and one-half per centum per annum
on claims based on accidents occurring up to and including June thirti-
eth, nineteen hundred thirty-nine, at three per centum per annum on
claims based on accidents occurring from July first, nineteen hundred
thirty-nine up to and including August thirty-first, nineteen hundred
eighty-three, at six per centum per annum on claims based on accidents
occurring from September first, nineteen hundred eighty-three up to and
including December thirty-first, two thousand and at the industry stand-
ard rate on claims based on accidents occurring thereafter, except (a)
that computations of present values of death benefits required to be
paid into the aggregate trust fund by an insurance carrier which is a
stock corporation or a mutual association shall be based, in the case of
a dependent parent, grandparent, blind or physically disabled child or
spouse, upon said table of mortality disregarding possible change in or
termination of dependency, with interest at three and one-half per
S. 2505 60 A. 3005
centum per annum on claims based on accidents occurring up to and
including June thirtieth, nineteen hundred thirty-nine, at three per
centum per annum on claims based on accidents occurring from July first,
nineteen hundred thirty-nine up to and including August thirty-first,
nineteen hundred eighty-three, at six per centum per annum on claims
based on accidents occurring from September first, nineteen hundred
eighty-three up to and including December thirty-first, two thousand and
at the industry standard rate on claims based on accidents occurring
thereafter and (b) that computations of present values of permanent
partial disability benefits awarded for a definite number of weeks shall
be on the basis of annuities certain with interest at three and one-half
per centum per annum on claims based on accidents occurring up to and
including June thirtieth, nineteen hundred thirty-nine, at three per
centum per annum on claims based on accidents occurring from July first,
nineteen hundred thirty-nine up to and including August thirty-first,
nineteen hundred eighty-three, at six per centum per annum on claims
based on accidents occurring from September first, nineteen hundred
eighty-three up to and including December thirty-first, two thousand and
at the industry standard rate on claims based on accidents occurring
thereafter.
§ 2. The closing paragraph of subdivision 7 of section 27 of the work-
ers' compensation law, as amended by chapter 6 of the laws of 2007 and
as further amended by section 104 of part A of chapter 62 of the laws of
2011, is amended to read as follows:
Such additional payments shall be required until the surplus of the
fund equals or exceeds one per centum of the total outstanding loss
reserves as shown by three successive annual reports of the fund to the
superintendent of financial services and such additional payment shall
be required as a payment upon each award based on an accident occurring
prior to July first next succeeding the third such annual report, but
not as a payment upon any award based on an accident occurring on or
after said July first; provided, however, that if and when the surplus
of the fund as shown by any annual report thereafter shall be less than
one per centum of the total outstanding loss reserves, then the addi-
tional payments as provided in paragraphs (a), (b), (c) and (d) of this
subdivision shall be resumed and shall be payable upon any award based
on an accident occurring on or after July first next succeeding the
close of the year for which such annual report is made. Thereafter, the
suspension or resumption of additional payments as required by this
subdivision shall be governed by the foregoing provisions. Such loss
reserves shall be computed based upon the tables specified in subdivi-
sion five of this section APPLICABLE TO THE CALCULATION OF THE DEPOSIT
FOR THE CLAIM ON WHICH SUCH DEPOSIT IS BASED and interest at a standard
to be determined by the superintendent of financial services by regu-
lation.
§ 3. Section 86 of the workers' compensation law, as amended by chap-
ter 7 of the laws of 1989 and as further amended by section 104 of part
A of chapter 62 of the laws of 2011, is amended to read as follows:
§ 86. Catastrophe surplus and reserves for workers' compensation. Ten
per centum of the premiums collected from employers insured in the fund
for workers' compensation shall be set aside for the creation of a
surplus until such surplus shall amount to the sum of one hundred thou-
sand dollars, and thereafter five per centum of such premiums, until
such time as in the judgment of the commissioners such surplus shall be
sufficiently large to cover the catastrophe hazard. Thereafter the
contribution to such surplus may be reduced or discontinued conditional
S. 2505 61 A. 3005
upon constant maintenance of a sufficient surplus to cover the catastro-
phe hazard. Reserves shall be set up and maintained adequate to meet
anticipated losses and carry all claims and policies to maturity, which
reserves shall be computed [to reflect the present values, at five
percent interest per annum, of the determined and estimated unpaid loss-
es, and other requirements computed in accordance with such rules as
shall be approved by the superintendent of financial services] PURSUANT
TO SUBSECTIONS (D) AND (E) OF SECTION FOUR THOUSAND ONE HUNDRED SEVEN-
TEEN OF THE INSURANCE LAW.
§ 4. Subsection (c) of section 1108 of the insurance law, as amended
by section 38 of part SS of chapter 54 of the laws of 2016, is amended
to read as follows:
(c) The state insurance fund of this state, except as to the
provisions of subsection (d) of section two thousand three hundred thir-
ty-nine, section three thousand one hundred ten, subsection (a), para-
graph one of subsection (b), paragraph three of subsection (c) and
subsection (d) of section three thousand two hundred one, sections three
thousand two hundred two, three thousand two hundred four, subsections
(a) through (d) of section three thousand two hundred twenty-one,
SUBSECTIONS (D) AND (E) OF SECTION FOUR THOUSAND ONE HUNDRED SEVENTEEN,
subsections (b) and (c) of section four thousand two hundred twenty-
four, section four thousand two hundred twenty-six and subsections (a)
and (b), (g) through (j), and (n) of section four thousand two hundred
thirty-five of this chapter and except as otherwise specifically
provided by the laws of this state.
§ 5. Subsection (e) of section 4117 of the insurance law, as amended
by chapter 11 of the laws of 1986, is amended to read as follows:
(e) Whenever in the judgment of the superintendent, the loss and loss
expense reserves of any property/casualty insurance company doing busi-
ness in this state OR OF THE STATE INSURANCE FUND OF THIS STATE calcu-
lated in accordance with the foregoing provisions are inadequate or
excessive, [he] THE SUPERINTENDENT may prescribe any other basis [which]
THAT will produce adequate and reasonable reserves.
§ 6. This act shall take effect January 1, 2022.
PART Y
Section 1. Section 76-b of the alcoholic beverage control law is
REPEALED.
§ 2. Subdivision 1-b of section 83 of the alcoholic beverage control
law is REPEALED.
§ 3. Paragraph (b) of subdivision 1 of section 97-a of the alcoholic
beverage control law, as added by chapter 396 of the laws of 2010, is
amended to read as follows:
(b) to the applicant for a new retail license [where the prospective
licensed premises is located in a municipality with a population of less
than one million] during the period that the application is pending.
§ 4. Paragraphs (b) and (c) of subdivision 5 of section 97-a of the
alcoholic beverage control law, as added by chapter 396 of the laws of
2010, are amended and a new paragraph (d) is added to read as follows:
(b) in the case of all other retail applications, to purchase and sell
such alcoholic beverages as would be permitted to be purchased and sold
under the privileges of the license applied for; [and]
(c) to sell such alcoholic beverages to consumers only and not for
resale[.]; AND
S. 2505 62 A. 3005
(D) IN THE CASE OF A PERMIT GRANTED UNDER PARAGRAPH (B) OF SUBDIVISION
ONE OF THIS SECTION WHERE THE PROSPECTIVE LICENSED PREMISES ARE LOCATED
IN A MUNICIPALITY WITH A POPULATION OF MORE THAN ONE MILLION, TO OPERATE
THE PREMISES ONLY UNDER THE FOLLOWING CONDITIONS: THE PREMISES SHALL
CLOSE NO LATER THAN TWELVE O'CLOCK ANTEMERIDIAN EACH DAY, SHALL HAVE
RECORDED BACKGROUND MUSIC ONLY, WITH NO LIVE MUSIC, DJ'S, KARAOKE, OR
SIMILAR FORMS OF MUSIC, AND SHALL HAVE NO DANCING.
§ 5. The alcoholic beverage control law is amended by adding a new
section 97-c to read as follows:
§ 97-C. TEMPORARY MANUFACTURING PERMIT. 1. ANY PERSON MAY APPLY TO THE
LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC BEVER-
AGE MANUFACTURING FACILITY AS MAY BE LICENSED UNDER THIS CHAPTER. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN INFORMA-
TION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
DOLLARS FOR SUCH PERMIT.
2. UPON APPLICATION, THE LIQUOR AUTHORITY MAY ISSUE SUCH TEMPORARY
PERMIT WHEN:
(A) THE APPLICANT HAS A MANUFACTURING LICENSE APPLICATION AT THE SAME
PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
FILING AND LICENSE FEES; AND
(B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF ALL PERMITS,
LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
NESS; AND
(C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES HAS BEEN SURRENDERED
OR PLACED IN SAFEKEEPING, OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
(A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION
OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER; AND
(B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
THE MANUFACTURING LICENSE BEING APPLIED FOR; AND
(C) THE APPLICANT HAS SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS
NECESSARY TO OBTAIN SUCH LICENSE.
4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED OR DENIED BY THE
LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
CATION.
5. A TEMPORARY PERMIT SHALL AUTHORIZE THE PERMITTEE TO OPERATE A MANU-
FACTURING FACILITY FOR THE MANUFACTURE AND SALE OF ALCOHOLIC BEVERAGES
ACCORDING TO THE LAWS APPLICABLE TO THE TYPE OF MANUFACTURING LICENSE
BEING APPLIED FOR.
6. SUCH TEMPORARY PERMIT SHALL REMAIN IN EFFECT FOR SIX MONTHS OR
UNTIL THE MANUFACTURING LICENSE BEING APPLIED FOR IS APPROVED AND THE
LICENSE GRANTED, WHICHEVER IS SHORTER. SUCH PERMIT MAY BE EXTENDED AT
THE DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH PERI-
ODS OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR EACH
SUCH EXTENSION.
7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE LIQUOR
AUTHORITY DETERMINES THAT GOOD CAUSE FOR CANCELLATION OR SUSPENSION
EXISTS. THE LIQUOR AUTHORITY SHALL PROMPTLY NOTIFY THE PERMITTEE IN
WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET FORTH THE
REASONS FOR SUCH ACTION.
8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
WISE SHOWN. A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL
S. 2505 63 A. 3005
EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE
IN FAVOR OF THE APPLICANT.
§ 6. Section 5 of chapter 396 of the laws of 2010, amending the alco-
holic beverage control law, relating to liquidator's permits and tempo-
rary retail permits, as amended by section 1 of item AAA of subpart B of
part XXX of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law[, provided that paragraph (b) of subdivision 1 of
section 97-a of the alcoholic beverage control law as added by section
two of this act shall expire and be deemed repealed October 12, 2021].
§ 7. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that upon effect, any valid permit
issued under section 76-b of the alcoholic beverage control law shall
remain in effect according to the terms of section 76-b of the alcoholic
beverage control law as if such section had not been repealed, and
provided further, any application duly submitted prior to the effective
date of this act and not yet acted upon shall be processed as if such
section had not been repealed, and if such application is approved, any
permit issued shall remain in effect according to the terms of section
76-b of the alcoholic beverage control law as if such section had not
been repealed.
PART Z
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
S. 2505 64 A. 3005
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 AA
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. 2505 65 A. 3005
§ 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, 2021.
PART BB
Section 1. Short title. This act shall be known and may be cited as
the "New York Medical Supplies Act".
§ 2. The state finance law is amended by adding a new section 148 to
read as follows:
§ 148. CERTAIN CONTRACTS INVOLVING PERSONAL PROTECTIVE EQUIPMENT AND
MEDICAL SUPPLIES. 1. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, ALL
CONTRACTS OVER FIFTY THOUSAND DOLLARS IN VALUE MADE AND AWARDED BY ANY
DEPARTMENT OR AGENCY OF THE STATE FOR THE PURCHASE OF PERSONAL PROTEC-
TIVE EQUIPMENT OR MEDICAL SUPPLIES SHALL REQUIRE THAT THE PERSONAL
PROTECTIVE EQUIPMENT OR MEDICAL SUPPLY ITEMS BE PRODUCED OR MADE IN
WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES.
2. FOR PURPOSES OF THIS SECTION:
(A) "PERSONAL PROTECTIVE EQUIPMENT" MEANS ALL EQUIPMENT WORN TO MINI-
MIZE EXPOSURE TO MEDICAL HAZARDS, INCLUDING GLOVES, MASKS, FACE SHIELDS,
EYE PROTECTION, RESPIRATORS, MEDICAL HAIR AND SHOE COVERINGS, AND
DISPOSABLE GOWNS AND APRONS.
(B) "MEDICAL SUPPLIES" MEANS MATERIALS NECESSARY TO RESPOND TO HEALTH
EMERGENCIES OR PANDEMICS, INCLUDING AND WITHOUT LIMITATION VENTILATORS,
MEDICAL TEST KITS, AND VACCINES.
(C) "UNITED STATES" MEANS THE UNITED STATES, ITS TERRITORIES, OR
POSSESSIONS.
3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE HEAD OF THE
DEPARTMENT OR AGENCY PURCHASING THE PERSONAL PROTECTIVE EQUIPMENT OR
MEDICAL SUPPLIES, IN HIS OR HER SOLE DISCRETION, DETERMINES THAT SUCH
PROVISIONS WOULD NOT BE IN THE PUBLIC INTEREST; THAT OBTAINING SUCH
PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLIES IN THE UNITED STATES
WOULD INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT; THAT
SUCH PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLIES CANNOT BE
PRODUCED OR MADE IN THE UNITED STATES IN SUFFICIENT AND REASONABLY
AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY OR DESIGN TO MEET THE
DEPARTMENT'S OR AGENCY'S REQUIREMENTS; OR THAT PURCHASING PERSONAL
PROTECTIVE EQUIPMENT OR MEDICAL SUPPLIES MANUFACTURED OUTSIDE OF THE
UNITED STATES IS NECESSARY TO AVOID A DELAY IN THE DELIVERY OF CRITICAL
SERVICES THAT COULD COMPROMISE THE PUBLIC WELFARE.
4. NOTHING IN THIS SECTION IS INTENDED TO CONTRAVENE ANY EXISTING
TREATIES, LAWS, TRADE AGREEMENTS, OR REGULATIONS OF THE UNITED STATES OR
SUBSEQUENT TRADE AGREEMENTS ENTERED INTO BETWEEN ANY FOREIGN COUNTRIES
AND THE STATE OR THE UNITED STATES.
5. SUBJECT TO THE PROVISIONS OF THIS SECTION, THE DEPARTMENT OF
ECONOMIC DEVELOPMENT, IN CONSULTATION WITH THE OFFICE OF GENERAL
S. 2505 66 A. 3005
SERVICES AND THE DIVISION OF THE BUDGET, SHALL BE AUTHORIZED TO ESTAB-
LISH RULES AND REGULATIONS FOR THE EFFECTIVE ADMINISTRATION OF THIS
SECTION.
§ 3. The public authorities law is amended by adding a new section
2878-c to read as follows:
§ 2878-C. CERTAIN CONTRACTS INVOLVING PERSONAL PROTECTIVE EQUIPMENT
AND MEDICAL SUPPLIES. 1. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW,
ALL CONTRACTS OVER FIFTY THOUSAND DOLLARS IN VALUE MADE AND AWARDED BY
ANY STATE AUTHORITY FOR THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT OR
MEDICAL SUPPLIES SHALL REQUIRE THAT THE PERSONAL PROTECTIVE EQUIPMENT OR
MEDICAL SUPPLY ITEMS BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN
THE UNITED STATES.
2. FOR PURPOSES OF THIS SECTION:
(A) "PERSONAL PROTECTIVE EQUIPMENT" MEANS ALL EQUIPMENT WORN TO MINI-
MIZE EXPOSURE TO MEDICAL HAZARDS, INCLUDING GLOVES, MASKS, FACE SHIELDS,
EYE PROTECTION, RESPIRATORS, MEDICAL HAIR AND SHOE COVERINGS, AND
DISPOSABLE GOWNS AND APRONS.
(B) "MEDICAL SUPPLIES" MEANS MATERIALS NECESSARY TO RESPOND TO HEALTH
EMERGENCIES OR PANDEMICS, INCLUDING AND WITHOUT LIMITATION VENTILATORS,
MEDICAL TEST KITS, AND VACCINES.
(C) "UNITED STATES" MEANS THE UNITED STATES, ITS TERRITORIES, OR
POSSESSIONS.
3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE HEAD OF THE
STATE AUTHORITY PURCHASING THE PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL
SUPPLIES, IN HIS OR HER SOLE DISCRETION, DETERMINES THAT SUCH PROVISIONS
WOULD NOT BE IN THE PUBLIC INTEREST; THAT OBTAINING SUCH PERSONAL
PROTECTIVE EQUIPMENT OR MEDICAL SUPPLIES IN THE UNITED STATES WOULD
INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT; THAT SUCH
PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLIES CANNOT BE PRODUCED OR
MADE IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTI-
TIES AND OF SATISFACTORY QUALITY OR DESIGN TO MEET THE STATE AUTHORITY'S
REQUIREMENTS; OR THAT PURCHASING PERSONAL PROTECTIVE EQUIPMENT OR
MEDICAL SUPPLIES MANUFACTURED OUTSIDE OF THE UNITED STATES IS NECESSARY
TO AVOID A DELAY IN THE DELIVERY OF CRITICAL SERVICES THAT COULD COMPRO-
MISE THE PUBLIC WELFARE.
4. NOTHING IN THIS SECTION IS INTENDED TO CONTRAVENE ANY EXISTING
TREATIES, LAWS, TRADE AGREEMENTS, OR REGULATIONS OF THE UNITED STATES OR
SUBSEQUENT TRADE AGREEMENTS ENTERED INTO BETWEEN ANY FOREIGN COUNTRIES
AND THE STATE OR THE UNITED STATES.
5. SUBJECT TO THE PROVISIONS OF THIS SECTION, THE DEPARTMENT OF
ECONOMIC DEVELOPMENT, IN CONSULTATION WITH THE OFFICE OF GENERAL
SERVICES AND THE DIVISION OF THE BUDGET, SHALL BE AUTHORIZED TO ESTAB-
LISH RULES AND REGULATIONS FOR THE EFFECTIVE ADMINISTRATION OF THIS
SECTION.
§ 4. This act shall take effect April 1, 2021 and shall apply to any
state contracting opportunities advertised on or after such date and
shall exclude contracts for which an invitation for bid, request for
proposal, or similar solicitation has been issued prior to April 1,
2021.
PART CC
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:
S. 2505 67 A. 3005
§ 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-TWO 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-ONE TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER
DEPENDENTS, IF ANY. Where appropriate, such STANDARD MEDICARE PREMIUM
amount may be deducted from contributions payable by the employee or
retired employee; or where appropriate in the case of a retired employee
receiving a retirement allowance, such STANDARD MEDICARE PREMIUM amount
may be included with payments of his or her retirement allowance. All
state employer, employee, retired employee and dependent contributions
to the health insurance fund, including contributions from public
authorities, public benefit corporations or other quasi-public organiza-
tions of the state eligible for participation in the health benefit plan
as authorized by subdivision two of section one hundred sixty-three of
this article, shall be adjusted as necessary to cover the cost of reim-
bursing federal old-age, survivors and disability insurance program
premium charges under this section. This cost shall be included in the
calculation of premium or subscription charges for health coverage
provided to employees and retired employees of the state, public author-
ities, public benefit corporations or other quasi-public organizations
of the state; provided, however, the state, public authorities, public
benefit corporations or other quasi-public organizations of the state
shall remain obligated to pay no less than its share of such increased
cost consistent with its share of premium or subscription charges
provided for by this article. All other employer contributions to the
health insurance fund shall be adjusted as necessary to provide for such
payments.
§ 2. This act shall take effect immediately and shall apply on January
1, 2021 for the income related monthly adjustment amount for amounts,
premiums, incurred on or after January 1, 2021.
PART DD
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 TWEN-
TY-ONE 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
S. 2505 68 A. 3005
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
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.
S. 2505 69 A. 3005
(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-ONE, 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, 2021.
PART EE
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-EIGHT DOLLARS AND FIFTY 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-
S. 2505 70 A. 3005
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, 2021.
PART FF
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 PURSUANT TO THIS SECTION AND MAY AWARD COMPREHENSIVE TECHNOLO-
GY 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, WHICH MAY ALLOW FOR THE
APPROVAL OF WORK AT THE DISCRETION OF THE OFFICE WHICH IS NOT PRE-DETER-
MINED IN THE CONTRACT, SUBJECT TO CONDITIONS DEEMED APPROPRIATE BY THE
DIRECTOR, BY A SINGLE ENTITY OR MULTIPLE ENTITIES ACTING AS ONE, WHICH
MAY INCLUDE ANY AND ALL TECHNOLOGY AS DEFINED IN THIS ARTICLE AND SHALL
ONLY BE USED FOR THOSE CONTRACTS WHICH 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 NEW YORK STATE 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 DRAFTED AND SEALED BY THE OFFICE PRIOR TO THE OPENING OF ANY BIDS.
SUCH SCORING CRITERIA SHALL BE OBJECTIVE TO THE EXTENT PRACTICABLE AND
SHALL INCLUDE COST AS DETERMINED BY THE OFFICE. IF THE WINNING PROPOSAL
SCORES LESS THAN FIVE PERCENT HIGHER THAN THE SECOND HIGHEST SCORING
PROPOSAL, THE OFFICE SHALL BE EMPOWERED TO REQUEST SUCH TWO BIDDERS TO
RE-SUBMIT THEIR PROPOSALS IN A MANNER PRESCRIBED BY THE OFFICE, CONSIST-
ENT WITH THIS ARTICLE, WHICH THE OFFICE SHALL THEN EVALUATE BASED ON THE
ORIGINAL SEALED SCORING CRITERIA FOR FINAL AWARD.
(C) ALL TERMS USED IN THIS SECTION SHALL HAVE THE SAME MEANING OTHER-
WISE PRESCRIBED IN THIS CHAPTER OR IN ARTICLES NINE AND ELEVEN OF THE
STATE FINANCE LAW, EXCEPT FOR THOSE TERMS SPECIFICALLY DEFINED IN THIS
SECTION.
(D) THE OFFICE SHALL KEEP A PROCUREMENT RECORD AS DEFINED IN SECTION
ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, WHICH SHALL BE
FURNISHED TO THE OFFICE OF THE STATE COMPTROLLER UPON REQUEST PURSUANT
TO SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW.
S. 2505 71 A. 3005
§ 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 SUBDIVISION TWENTY-TWO OF SECTION ONE HUNDRED THREE OF THE
STATE TECHNOLOGY LAW.
§ 3. This act shall take effect immediately.
PART GG
Section 1. Section 110 of the state finance law is amended by adding a
new subdivision 1-a to read as follows:
1-A. EACH DEPARTMENT THAT MAINTAINS A PUBLIC WEBSITE SHALL PUBLICLY
POST AND MAINTAIN A WEBPAGE ON THAT WEBSITE SHOWING THE CURRENT LIST OF
THE NAMES OF THE INDIVIDUALS WHO THE DEPARTMENT HAS AUTHORIZED TO
EXECUTE CONTRACTS ON BEHALF OF THE DEPARTMENT, WHICH THE DEPARTMENT HAS
FILED WITH THE COMPTROLLER PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
SUCH POSTING SHALL PROVIDE CLEAR NOTICE TO THE PUBLIC OF THOSE INDIVID-
UALS WHO ARE AUTHORIZED TO EXECUTE CONTRACTS TO WHICH THE DEPARTMENT OR
THE STATE IS A PARTY.
§ 2. The state finance law is amended by adding a new section 139-m to
read as follows:
§ 139-M. TERMS AND CONDITIONS IN CONTRACTS THAT SHALL BE VOID. THE
FOLLOWING TERMS OR CONDITIONS IN ANY CONTRACT ENTERED INTO BY THE STATE
OR ANY DEPARTMENT THEREOF SHALL BE VOID AND UNENFORCEABLE:
1. ANY TERM OR CONDITION THAT REQUIRES THE STATE OR THE DEPARTMENT TO
INDEMNIFY OR HOLD HARMLESS ANOTHER PERSON, EXCEPT AS OTHERWISE AUTHOR-
IZED BY LAW;
2. ANY TERM OR CONDITION BY WHICH THE STATE OR THE DEPARTMENT AGREES
TO BINDING ARBITRATION OR ANY OTHER BINDING EXTRA-JUDICIAL DISPUTE
RESOLUTION PROCESS IN WHICH THE FINAL RESOLUTION IS NOT DETERMINED BY
THE STATE;
3. ANY TERM OR CONDITION WHICH PURPORTS TO RESERVE A RIGHT TO THE
CONTRACTOR TO UNILATERALLY AMEND, REVISE, OR ADD TO THE TERMS AND CONDI-
TIONS WITHOUT THE CONSENT OF THE STATE OR THE DEPARTMENT;
4. ANY TERM OR CONDITION BY WHICH THE STATE OR THE DEPARTMENT AGREES
TO LIMIT THE LIABILITY OF ANOTHER PERSON FOR BODILY INJURY, DEATH, OR
DAMAGE TO TANGIBLE PROPERTY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCON-
DUCT OF SUCH PERSON OR SUCH PERSON'S EMPLOYEES OR AGENTS; AND
5. ANY TERM OR CONDITION THAT DESIGNATES THE LAW OF A JURISDICTION
OTHER THAN THE STATE OF NEW YORK AS THE LAW GOVERNING THE CONTRACT.
NOTWITHSTANDING THE FOREGOING, ANY CONTRACT CONTAINING SUCH TERM OR
CONDITION SHALL OTHERWISE BE ENFORCEABLE AS IF THE CONTRACT DID NOT
CONTAIN SUCH TERM OR CONDITION.
S. 2505 72 A. 3005
§ 3. This act shall take effect immediately.
PART HH
Section 1. Section 96 of the public officers law is amended by adding
a new subdivision 3 to read as follows:
(3) FOR PURPOSES OF THIS SECTION, THE EXCHANGE OF ANY RECORD OR
PERSONAL INFORMATION BETWEEN AND AMONG AGENCIES OF THE STATE SHALL NOT
CONSTITUTE DISCLOSURE OF ANY RECORD OR PERSONAL INFORMATION UNDER SUBDI-
VISION ONE OF THIS SECTION AND IS NOT SUBJECT TO THE REQUIREMENTS THERE-
IN. THE EXCHANGE OF SUCH RECORDS BETWEEN AGENCIES SHALL BE PRESUMPTIVELY
PERMISSIBLE, UNLESS SUCH DISCLOSURE IS OTHERWISE PROHIBITED BY LAW.
§ 2. This act shall take effect immediately.
PART II
Section 1. Short Title. This act shall be known and may be cited as
the "New York data accountability and transparency act".
§ 2. The general business law is amended by adding a new section 899-
cc to read as follows:
§ 899-CC. NEW YORK DATA ACCOUNTABILITY AND TRANSPARENCY ACT. 1. DEFI-
NITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS OTHERWISE SPECIFIED:
(A) "AFFILIATE" SHALL MEAN A LEGAL ENTITY THAT CONTROLS, IS CONTROLLED
BY, OR IS UNDER COMMON CONTROL WITH, ANOTHER LEGAL ENTITY, WHERE THE
ENTITY HOLDS ITSELF OUT AS AFFILIATED OR UNDER COMMON OWNERSHIP SUCH
THAT A CONSUMER ACTING REASONABLY UNDER THE CIRCUMSTANCES WOULD ANTIC-
IPATE THEIR PERSONAL INFORMATION BEING PROVIDED TO AN AFFILIATE.
(B) "CONSUMER" SHALL MEAN AN IDENTIFIED OR IDENTIFIABLE NATURAL PERSON
WHO IS A NEW YORK RESIDENT.
(C) "COVERED ENTITIES" SHALL MEAN LEGAL ENTITIES, INCLUDING ANY AFFIL-
IATES, THAT CONDUCT BUSINESS IN NEW YORK STATE OR PRODUCE PRODUCTS OR
SERVICES THAT ARE INTENTIONALLY TARGETED TO RESIDENTS OF NEW YORK STATE,
AND THAT SATISFY ONE OR MORE OF THE FOLLOWING THRESHOLDS:
(I) CONTROLS OR PROCESSES PERSONAL INFORMATION OF ONE HUNDRED THOUSAND
CONSUMERS OR MORE; OR
(II) DERIVES OVER FIFTY PERCENT OF GROSS REVENUE FROM THE SALE,
CONTROL, OR PROCESSING OF PERSONAL INFORMATION.
(D) "DE-IDENTIFIED DATA" MEANS:
(I) DATA THAT CANNOT BE LINKED TO A KNOWN NATURAL PERSON WITHOUT ADDI-
TIONAL INFORMATION NOT AVAILABLE TO THE COVERED ENTITY; OR
(II) DATA THAT: HAS BEEN MODIFIED TO A DEGREE THAT THE RISK OF RE-I-
DENTIFICATION IS SMALL AS DETERMINED BY A PERSON WITH APPROPRIATE KNOW-
LEDGE OF AND EXPERIENCE WITH GENERALLY ACCEPTED STATISTICAL AND SCIEN-
TIFIC PRINCIPLES AND METHODS FOR DE-IDENTIFYING DATA; IS SUBJECT TO A
PUBLIC COMMITMENT BY THE CONTROLLER NOT TO ATTEMPT TO RE-IDENTIFY THE
DATA; AND, TO WHICH ONE OR MORE ENFORCEABLE CONTROLS TO PREVENT RE-IDEN-
TIFICATION HAS BEEN APPLIED. ENFORCEABLE CONTROLS TO PREVENT RE-IDENTI-
FICATION MAY INCLUDE LEGAL, ADMINISTRATIVE, TECHNICAL, OR CONTRACTUAL
CONTROLS.
(E) "DIRECT RELATIONSHIP" SHALL MEAN THAT THE CONSUMER IS A PAST OR
PRESENT:
(I) CUSTOMER, CLIENT, SUBSCRIBER OR USER OF THE BUSINESS'S GOODS OR
SERVICES;
(II) INVESTOR IN THE BUSINESS; OR
(III) DONOR TO THE BUSINESS.
S. 2505 73 A. 3005
(F) "IDENTIFIED OR IDENTIFIABLE NATURAL PERSON" SHALL MEAN A PERSON
WHO CAN BE IDENTIFIED, DIRECTLY OR INDIRECTLY, IN PARTICULAR BY REFER-
ENCE TO SPECIFIC INFORMATION INCLUDING, BUT NOT LIMITED TO, A NAME, AN
IDENTIFICATION NUMBER, SPECIFIC GEOLOCATION DATA, OR AN ONLINE IDENTIFI-
ER.
(G) "PERSONAL INFORMATION" SHALL MEAN DATA RELATING TO AN IDENTIFIED
OR IDENTIFIABLE NATURAL PERSON PROVIDED FURTHER THAT:
(I) PERSONAL INFORMATION SHALL INCLUDE BUT IS NOT LIMITED TO:
(A) AN IDENTIFIER SUCH AS A REAL NAME, ALIAS, SIGNATURE, DATE OF
BIRTH, GENDER IDENTITY, SEXUAL ORIENTATION, MARITAL STATUS, PHYSICAL
CHARACTERISTIC OR DESCRIPTION, POSTAL ADDRESS, TELEPHONE NUMBER, UNIQUE
PERSONAL IDENTIFIER, MILITARY IDENTIFICATION NUMBER, ONLINE IDENTIFIER,
INTERNET PROTOCOL ADDRESS, EMAIL ADDRESS, ACCOUNT NAME, MOTHER'S MAIDEN
NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE NUMBER, PASSPORT NUMBER,
OR OTHER SIMILAR IDENTIFIER;
(B) INFORMATION SUCH AS EMPLOYMENT, EMPLOYMENT HISTORY, BANK ACCOUNT
NUMBER, CREDIT CARD NUMBER, DEBIT CARD NUMBER, INSURANCE POLICY NUMBER,
OR ANY OTHER FINANCIAL INFORMATION, MEDICAL INFORMATION, MENTAL HEALTH
INFORMATION, OR HEALTH INSURANCE INFORMATION;
(C) COMMERCIAL INFORMATION, INCLUDING A RECORD OF PERSONAL PROPERTY,
INCOME, ASSETS, LEASES, RENTALS, PRODUCTS OR SERVICES PURCHASED,
OBTAINED, OR CONSIDERED, OR OTHER PURCHASING OR CONSUMING HISTORY;
(D) BIOMETRIC INFORMATION, INCLUDING A RETINA OR IRIS SCAN, FINGER-
PRINT, VOICEPRINT, OR SCAN OF HAND OR FACE GEOMETRY;
(E) INTERNET OR OTHER ELECTRONIC NETWORK ACTIVITY INFORMATION, INCLUD-
ING BROWSING HISTORY, SEARCH HISTORY, CONTENT, INCLUDING TEXT, PHOTO-
GRAPHS, AUDIO OR VIDEO RECORDINGS, OR OTHER USER-GENERATED CONTENT,
NON-PUBLIC COMMUNICATIONS, AND INFORMATION REGARDING AN INDIVIDUAL'S
INTERACTION WITH AN INTERNET WEBSITE, MOBILE APPLICATION, OR ADVERTISE-
MENT;
(F) HISTORICAL OR REAL-TIME GEOLOCATION DATA;
(G) AUDIO, VISUAL, THERMAL, OLFACTORY, OR SIMILAR INFORMATION;
(H) EDUCATION RECORDS, AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO
OF THE EDUCATION LAW;
(I) POLITICAL INFORMATION OR INFORMATION ON CRIMINAL CONVICTIONS OR
ARRESTS;
(J) ANY REQUIRED SECURITY CODE, ACCESS CODE, PASSWORD, OR USERNAME
NECESSARY TO PERMIT ACCESS TO THE ACCOUNT OF AN INDIVIDUAL;
(K) TRAITS OR CHARACTERISTICS OF AN INDIVIDUAL PROTECTED UNDER THE
HUMAN RIGHTS LAW; OR
(L) AN INFERENCE DRAWN FROM ANY OF THE INFORMATION DESCRIBED IN THIS
PARAGRAPH TO CREATE A PROFILE ABOUT AN INDIVIDUAL REFLECTING THE INDI-
VIDUAL'S PREFERENCES, CHARACTERISTICS, PSYCHOLOGICAL TRENDS, PREFER-
ENCES, PREDISPOSITIONS, BEHAVIOR, ATTITUDES, INTELLIGENCE, ABILITIES, OR
APTITUDES.
(II) PERSONAL INFORMATION SHALL NOT INCLUDE:
(A) DE-IDENTIFIED DATA;
(B) PERSONAL INFORMATION THAT IS COLLECTED BY A BUSINESS ABOUT A
NATURAL PERSON IN THE COURSE OF THE NATURAL PERSON ACTING AS A JOB
APPLICANT TO, AN EMPLOYEE OF, OWNER OF, DIRECTOR OF, OFFICER OF, MEDICAL
STAFF MEMBER OF, OR CONTRACTOR OF THAT BUSINESS TO THE EXTENT THAT THE
NATURAL PERSON'S PERSONAL INFORMATION IS COLLECTED AND USED BY THE BUSI-
NESS SOLELY WITHIN THE CONTEXT OF THE NATURAL PERSON'S ROLE OR FORMER
ROLE AS A JOB APPLICANT TO, AN EMPLOYEE OF, OWNER OF, DIRECTOR OF, OFFI-
CER OF, MEDICAL STAFF MEMBER OF, OR A CONTRACTOR OF THAT BUSINESS;
S. 2505 74 A. 3005
(C) PERSONAL INFORMATION THAT IS COLLECTED BY A BUSINESS THAT IS EMER-
GENCY CONTACT INFORMATION OF THE NATURAL PERSON ACTING AS A JOB APPLI-
CANT TO, AN EMPLOYEE OF, OWNER OF, DIRECTOR OF, OFFICER OF, MEDICAL
STAFF MEMBER OF, OR CONTRACTOR OF THAT BUSINESS TO THE EXTENT THAT THE
PERSONAL INFORMATION IS COLLECTED AND USED SOLELY WITHIN THE CONTEXT OF
HAVING AN EMERGENCY CONTACT ON FILE; OR
(D) PERSONAL INFORMATION THAT IS NECESSARY FOR THE BUSINESS TO RETAIN
TO ADMINISTER BENEFITS FOR ANOTHER NATURAL PERSON RELATING TO THE
NATURAL PERSON ACTING AS A JOB APPLICANT TO, AN EMPLOYEE OF, OWNER OF,
DIRECTOR OF, OFFICER OF, MEDICAL STAFF MEMBER OF, OR CONTRACTOR OF THAT
BUSINESS TO THE EXTENT THAT THE PERSONAL INFORMATION IS COLLECTED AND
USED SOLELY WITHIN THE CONTEXT OF ADMINISTERING THOSE BENEFITS.
(H) "PUBLICLY AVAILABLE INFORMATION" IS THAT WHICH A COVERED ENTITY
HAS A REASONABLE BASIS TO BELIEVE IS LAWFULLY MADE AVAILABLE TO THE
GENERAL PUBLIC FROM: FEDERAL, STATE OR LOCAL GOVERNMENT RECORDS; WIDELY
DISTRIBUTED MEDIA; OR DISCLOSURES TO THE GENERAL PUBLIC THAT ARE
REQUIRED TO BE MADE BY FEDERAL, STATE OR LOCAL LAW.
(I) "VERIFIABLE CONSUMER REQUEST" MEANS A REQUEST THAT IS MADE BY A
CONSUMER, BY A CONSUMER ON BEHALF OF THE CONSUMER'S MINOR CHILD, OR BY A
NATURAL PERSON OR A PERSON REGISTERED WITH THE SECRETARY OF STATE,
AUTHORIZED BY THE CONSUMER TO ACT ON THE CONSUMER'S BEHALF, AND THAT THE
COVERED ENTITY CAN REASONABLY VERIFY TO BE THE CONSUMER ABOUT WHOM THE
BUSINESS HAS COLLECTED PERSONAL INFORMATION. A COVERED ENTITY IS NOT
OBLIGATED TO PERFORM ANY ACTION RELATED TO PARAGRAPH (G) OF SUBDIVISION
THREE OF THIS SECTION IF THE COVERED ENTITY CANNOT VERIFY THAT THE
CONSUMER MAKING THE REQUEST IS THE CONSUMER ABOUT WHOM THE COVERED ENTI-
TY HAS COLLECTED INFORMATION OR IS A PERSON AUTHORIZED BY THE CONSUMER
TO ACT ON SUCH CONSUMER'S BEHALF.
2. EXCEPTIONS. THIS SECTION SHALL NOT APPLY TO:
(A) STATE AND LOCAL GOVERNMENT ENTITIES, INCLUDING AGENCIES, BOARDS,
COMMISSIONS, AND AUTHORITIES;
(B) PERSONAL INFORMATION THAT IS:
(I) COLLECTED, STORED, OR OTHERWISE UTILIZED IN ACCORDANCE WITH THE
FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, THE
HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT, THE
GRAMM-LEACH-BLILEY ACT, OR THE DRIVER'S PRIVACY PROTECTION ACT;
(II) MAINTAINED FOR EMPLOYMENT RECORDS PURPOSES, TO THE EXTENT THAT
SUCH DATA SETS ARE REQUIRED TO BE MAINTAINED BY AN ENTITY TO MEET ITS
LEGAL REQUIREMENTS;
(III) COLLECTED, STORED, OR OTHERWISE UTILIZED IN ACCORDANCE WITH THE
FAIR CREDIT REPORTING ACT;
(IV) PUBLICLY AVAILABLE INFORMATION; OR
(V) DE-IDENTIFIED DATA.
3. REQUIREMENTS OF COVERED ENTITIES. A COVERED ENTITY SHALL:
(A) LIMIT THE COLLECTION OF PERSONAL INFORMATION TO PERSONAL INFORMA-
TION OBTAINED BY LAWFUL MEANS AND IN ACCORDANCE WITH SUBDIVISION FIVE OF
THIS SECTION.
(B) ONLY COLLECT PERSONAL INFORMATION RELEVANT TO THE PURPOSES FOR
WHICH THEY ARE INTENDED TO BE USED AND ONLY TO THE EXTENT NECESSARY FOR
THOSE PURPOSES.
(C) AT OR BEFORE THE POINT OF COLLECTION, INFORM THE CONSUMER AS TO
THE TYPE OF PERSONAL INFORMATION TO BE COLLECTED AND THE PURPOSES FOR
WHICH SUCH PERSONAL INFORMATION SHALL BE USED. A COVERED ENTITY SHALL
NOT COLLECT ADDITIONAL CATEGORIES OF PERSONAL INFORMATION OR USE
PERSONAL INFORMATION COLLECTED FOR ADDITIONAL PURPOSES WITHOUT PROVIDING
S. 2505 75 A. 3005
THE CONSUMER WITH NOTICE OF SUCH COLLECTION AND THE OPTION TO LIMIT SUCH
COLLECTION PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
(D) NOT USE OR DISCLOSE PERSONAL INFORMATION FOR PURPOSES OTHER THAN
THOSE SPECIFIED, EXCEPT:
(I) WHEN THE CONSUMER HAS THE OPTION TO LIMIT THE USE OR DISCLOSURE IN
ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION; OR
(II) AS OTHERWISE REQUIRED BY LAW.
(E) PROTECT PERSONAL INFORMATION BY IMPLEMENTING SECURITY SAFEGUARDS
TO PROTECT AGAINST RISKS SUCH AS LOSS, UNAUTHORIZED ACCESS, DESTRUCTION,
USE, MODIFICATION, OR UNAUTHORIZED DISCLOSURE OF SUCH DATA.
(F) CLEARLY STATE THE IDENTITY AND LOCATION OF ANY DATA PROCESSORS,
AFFILIATES, OR CONTROLLERS.
(G) UPON RECEIPT OF A VERIFIABLE CONSUMER REQUEST, PROVIDE A CONSUMER
WITH THE ABILITY:
(I) TO OBTAIN CONFIRMATION OF WHETHER OR NOT THE COVERED ENTITY
POSSESSES PERSONAL INFORMATION ABOUT THE CONSUMER;
(II) TO HAVE PERSONAL INFORMATION COLLECTED ABOUT THE CONSUMER IN THE
LAST TWELVE MONTHS COMMUNICATED TO THE CONSUMER, WITHIN A REASONABLE
TIME, AT NO CHARGE, IN A REASONABLE MANNER, AND IN A FORM THAT IS READI-
LY INTELLIGIBLE TO THE CONSUMER, PROVIDED THAT A COVERED ENTITY MAY, BUT
SHALL NOT BE REQUIRED TO PROVIDE PERSONAL INFORMATION TO A CONSUMER MORE
THAN TWICE IN A TWELVE MONTH PERIOD;
(III) THE REASONS FOR AND THE ABILITY TO CHALLENGE A DENIAL OF A
REQUEST UNDER SUBPARAGRAPHS (IV) AND (V) OF THIS PARAGRAPH DENIED AND TO
BE ABLE TO CHALLENGE SUCH DENIAL;
(IV) TO CHALLENGE DATA RELATING TO THE CONSUMER AND, IF THE CHALLENGE
IS SUCCESSFUL, TO HAVE THE DATA RETURNED, DESTROYED, RECTIFIED,
COMPLETED OR AMENDED; AND
(V) DESTROY OR RETURN PERSONAL INFORMATION WITHOUT UNDUE DELAY, AND
DIRECT ALL AFFILIATES TO DO THE SAME, IN THE FOLLOWING CIRCUMSTANCES:
(A) THE PERSONAL INFORMATION IS NO LONGER NECESSARY FOR THE PURPOSES
FOR WHICH IT WAS COLLECTED OR OTHERWISE PROCESSED;
(B) THE CONSUMER AFFIRMATIVELY REQUESTS THE COVERED ENTITY STOPS THE
COLLECTION, STORAGE, OR PROCESSING OF PERSONAL INFORMATION;
(C) THE PERSONAL INFORMATION HAS BEEN UNLAWFULLY COLLECTED OR PROC-
ESSED; OR
(D) UPON A REQUEST PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF
THIS SECTION.
4. CONSUMERS' RIGHTS. THE DEPARTMENT OF STATE, IN CONSULTATION WITH
THE DEPARTMENT OF FINANCIAL SERVICES, SHALL CREATE A CONSUMER DATA
PRIVACY BILL OF RIGHTS, WHICH SHALL INCLUDE, AT A MINIMUM THE RIGHTS
DELINEATED IN THIS SUBDIVISION AND INFORMATION ON HOW A CONSUMER MAY
ENFORCE SUCH RIGHTS, AS WELL AS ANY OTHER INFORMATION DEEMED NECESSARY
TO INFORM CONSUMERS OF THEIR RIGHTS REGARDING DATA PRIVACY IN ACCORDANCE
WITH THIS SECTION OR ANY OTHER RELEVANT PROVISION OF LAW. THE RIGHTS
AFFORDED UNDER THIS SUBDIVISION SHALL BE IN ADDITION TO ANY OTHER RIGHTS
AFFORDED UNDER ANY OTHER PROVISION OF STATE OR FEDERAL LAW. CONSUMERS
SHALL HAVE THE FOLLOWING RIGHTS:
(A) THE RIGHT TO PROTECTION OF THEIR PERSONAL INFORMATION BY COVERED
ENTITIES.
(B) THE RIGHT TO EXERCISE CONTROL OVER WHAT PERSONAL INFORMATION
COVERED ENTITIES COLLECT FROM THEM AND HOW IT IS USED.
(C) THE RIGHT TO REQUEST THAT A COVERED ENTITY RETURN, DESTROY, AMEND
OR OTHERWISE ALTER THE PERSONAL INFORMATION COLLECTED ABOUT THE CONSUMER
IN ACCORDANCE WITH PARAGRAPH (G) OF SUBDIVISION THREE OF THIS SECTION.
S. 2505 76 A. 3005
PROVIDED HOWEVER, THIS RIGHT SHALL NOT APPLY TO THE EXTENT THAT THE
POSSESSION, AND PROCESSING OF SUCH DATA:
(I) IS EXERCISING THE RIGHT OF FREEDOM OF SPEECH OR OTHER LEGAL RIGHT
BY THE COVERED ENTITY OR ANOTHER PARTY;
(II) IS NECESSARY FOR COMPLIANCE WITH A LEGAL OBLIGATION;
(III) IS MAINTAINED FOR REASONS OF PUBLIC INTEREST IN THE AREA OF
PUBLIC HEALTH;
(IV) IS SOLELY USED FOR ARCHIVING PURPOSES IN THE PUBLIC INTEREST, FOR
SCIENTIFIC OR HISTORICAL RESEARCH PURPOSES OR STATISTICAL PURPOSES IN SO
FAR AS THE RIGHT TO ERASURE IS LIKELY TO RENDER IMPOSSIBLE OR SERIOUSLY
IMPAIR THE ACHIEVEMENT OF THE OBJECTIVES OF THAT COLLECTION OR PROCESS-
ING;
(V) IS USED FOR THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL
CLAIMS; OR
(VI) IS USED TO COMPLETE THE TRANSACTION FOR WHICH THE PERSONAL INFOR-
MATION WAS COLLECTED, FULFILL THE TERMS OF A WRITTEN WARRANTY OR PRODUCT
RECALL CONDUCTED IN ACCORDANCE WITH FEDERAL LAW, PROVIDE A GOOD OR
SERVICE REQUESTED BY THE CONSUMER, OR REASONABLY ANTICIPATED WITHIN THE
CONTEXT OF A BUSINESS' ONGOING BUSINESS RELATIONSHIP WITH THE CONSUMER,
OR OTHERWISE PERFORM A CONTRACT BETWEEN THE BUSINESS AND THE CONSUMER.
(D) THE RIGHT TO EASILY UNDERSTANDABLE AND ACCESSIBLE INFORMATION
ABOUT THE PRIVACY AND SECURITY PRACTICES OF A COVERED ENTITY.
(E) THE RIGHT TO SECURE AND RESPONSIBLE HANDLING OF PERSONAL INFORMA-
TION.
(F) THE RIGHT TO ACCESS AND CORRECT PERSONAL INFORMATION IN A FORM AND
MANNER THAT CAN BE ACCESSED BY THE CONSUMER, AND THAT IS APPROPRIATE TO
ENSURE THE DATA REMAINS PROTECTED.
(G) THE RIGHT TO OPT-OUT OF THE SALE OF PERSONAL INFORMATION, AS
FOLLOWS:
(I) A CONSUMER SHALL HAVE THE RIGHT, AT ANY TIME, TO DIRECT A COVERED
ENTITY THAT SELLS OR SHARES PERSONAL INFORMATION ABOUT THE CONSUMER TO
THIRD PARTIES NOT TO SELL OR SHARE THE CONSUMER'S PERSONAL INFORMATION.
THIS RIGHT MAY BE REFERRED TO AS THE RIGHT TO OPT-OUT OF SALE OR SHAR-
ING;
(II) A COVERED ENTITY THAT SELLS CONSUMERS' PERSONAL INFORMATION TO,
OR SHARES IT WITH, THIRD PARTIES SHALL PROVIDE NOTICE TO CONSUMERS IN A
CLEAR AND UNAMBIGUOUS MANNER THAT THIS INFORMATION MAY BE SOLD OR SHARED
AND THAT CONSUMERS HAVE THE "RIGHT TO OPT-OUT" OF THE SALE OR SHARING OF
THEIR PERSONAL INFORMATION PURSUANT TO SUBDIVISION FIVE OF THIS SECTION;
(III) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A BUSINESS
SHALL NOT SELL OR SHARE THE PERSONAL INFORMATION OF CONSUMERS IF THE
BUSINESS HAS ACTUAL KNOWLEDGE THAT THE CONSUMER IS LESS THAN EIGHTEEN
YEARS OF AGE, UNLESS THE CONSUMER'S PARENT OR GUARDIAN HAS AFFIRMATIVELY
AUTHORIZED THE SALE OR SHARING OF THE CONSUMER'S PERSONAL INFORMATION. A
BUSINESS THAT WILLFULLY DISREGARDS THE CONSUMER'S AGE SHALL BE DEEMED TO
HAVE HAD ACTUAL KNOWLEDGE OF THE CONSUMER'S AGE;
(IV) A BUSINESS THAT HAS RECEIVED DIRECTION FROM A CONSUMER NOT TO
SELL OR SHARE THE CONSUMER'S PERSONAL INFORMATION OR, IN THE CASE OF A
MINOR CONSUMER'S PERSONAL INFORMATION HAS NOT RECEIVED CONSENT TO SELL
OR SHARE THE MINOR CONSUMER'S PERSONAL INFORMATION, SHALL BE PROHIBITED
FROM SELLING OR SHARING THE CONSUMER'S PERSONAL INFORMATION AFTER ITS
RECEIPT OF THE CONSUMER'S DIRECTION, UNLESS THE CONSUMER SUBSEQUENTLY
OPTS-IN TO THE SALE OR SHARING OF THE CONSUMER'S PERSONAL INFORMATION;
OR
(V) RIGHT TO EQUAL SERVICES AFTER EXERCISING OF ANY RIGHTS.
S. 2505 77 A. 3005
(H) (I) EXCEPT AS OTHERWISE PERMITTED IN THIS PARAGRAPH, A COVERED
ENTITY SHALL NOT DISCRIMINATE AGAINST A CONSUMER BECAUSE THE CONSUMER
EXERCISED ANY OF THE CONSUMER'S RIGHTS UNDER THIS SECTION, INCLUDING,
BUT NOT LIMITED TO, BY:
(A) DENYING GOODS OR SERVICES TO THE CONSUMER;
(B) CHARGING DIFFERENT PRICES OR RATES FOR GOODS OR SERVICES, INCLUD-
ING THROUGH THE USE OF DISCOUNTS OR OTHER BENEFITS OR IMPOSING PENAL-
TIES; OR
(C) PROVIDING A DIFFERENT LEVEL OR QUALITY OF GOODS OR SERVICES TO THE
CONSUMER.
(II) NOTHING IN THIS SECTION SHALL PROHIBIT A COVERED ENTITY FROM
CHARGING A CONSUMER A DIFFERENT PRICE OR RATE, OR FROM PROVIDING A
DIFFERENT LEVEL OR QUALITY OF GOODS OR SERVICES TO THE CONSUMER, IF THAT
DIFFERENCE IS REASONABLY RELATED TO THE VALUE PROVIDED TO THE BUSINESS
BY THE CONSUMER'S PERSONAL INFORMATION.
(III) THIS PARAGRAPH DOES NOT PROHIBIT A COVERED ENTITY FROM OFFERING
LOYALTY, REWARDS, PREMIUM FEATURES, DISCOUNTS, OR CLUB CARD PROGRAMS
OTHERWISE CONSISTENT WITH THIS SECTION.
(IV) A COVERED ENTITY MAY OFFER FINANCIAL INCENTIVES, INCLUDING
PAYMENTS TO CONSUMERS AS COMPENSATION, FOR THE COLLECTION, SALE, SHAR-
ING, OR RETENTION OF A CONSUMER'S PERSONAL INFORMATION. A COVERED ENTITY
THAT OFFERS ANY FINANCIAL INCENTIVES PURSUANT TO THIS SUBDIVISION, SHALL
CLEARLY AND CONSPICUOUSLY NOTIFY CONSUMERS OF SUCH FINANCIAL INCENTIVES.
(V) A COVERED ENTITY MAY ENROLL A CONSUMER INTO A FINANCIAL INCENTIVE
PROGRAM ONLY IF THE CONSUMER GIVES THE COVERED ENTITY PRIOR OPT-IN
CONSENT THAT CLEARLY DESCRIBES THE MATERIAL TERMS OF THE FINANCIAL
INCENTIVE PROGRAM, AND WHICH MAY BE REVOKED BY THE CONSUMER AT ANY TIME.
IF A CONSUMER DECLINES TO PROVIDE OPT-IN CONSENT, THEN THE COVERED ENTI-
TY SHALL WAIT AT LEAST TWELVE MONTHS BEFORE MAKING A SUBSEQUENT REQUEST
THAT THE CONSUMER PROVIDE OPT-IN CONSENT. PROVIDED HOWEVER, NOTHING
SHALL PRECLUDE A COVERED ENTITY FROM ENROLLING A CONSUMER INTO SUCH A
FINANCIAL INCENTIVE PROGRAM, PRIOR TO SUCH TWELVE MONTH PERIOD UPON THE
RECEIPT OF A VERIFIABLE CONSUMER REQUEST TO OPT-IN TO SUCH PROGRAM.
(VI) A COVERED ENTITY SHALL NOT USE FINANCIAL INCENTIVE PRACTICES THAT
ARE UNJUST, UNREASONABLE, COERCIVE, OR USURIOUS IN NATURE.
5. METHODS OF LIMITING SALE, SHARING, COLLECTION AND USE OF PERSONAL
INFORMATION. (A) A COVERED ENTITY THAT SELLS OR SHARES CONSUMERS'
PERSONAL INFORMATION SHALL, IN A FORM THAT IS REASONABLY ACCESSIBLE TO
CONSUMERS:
(I) PROVIDE A CLEAR AND CONSPICUOUS LINK ON THE COVERED ENTITY'S
INTERNET HOMEPAGES, TITLED "DO NOT SELL OR SHARE MY PERSONAL INFORMA-
TION", TO AN INTERNET WEB PAGE THAT ENABLES A CONSUMER, OR A PERSON
AUTHORIZED BY THE CONSUMER, TO OPT-OUT OF THE SALE OR SHARING OF THE
CONSUMER'S PERSONAL INFORMATION;
(II) PROVIDE A CLEAR AND CONSPICUOUS LINK ON THE COVERED ENTITY'S
INTERNET HOMEPAGES, TITLED "LIMIT THE USE AND COLLECTION OF MY PERSONAL
INFORMATION", THAT ENABLES A CONSUMER, OR A PERSON AUTHORIZED BY THE
CONSUMER, TO LIMIT THE COLLECTION, USE OR DISCLOSURE OF THE CONSUMER'S
PERSONAL INFORMATION TO THOSE USES AUTHORIZED BY SUBDIVISION THREE OF
THIS SECTION;
(III) AT THE COVERED ENTITY'S DISCRETION, UTILIZE A SINGLE, CLEARLY
LABELED LINK ON THE COVERED ENTITY'S INTERNET HOMEPAGES, IN LIEU OF
COMPLYING WITH SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH, IF THAT
LINK EASILY ALLOWS A CONSUMER TO OPT-OUT OF THE SALE OR SHARING OF THE
CONSUMER'S PERSONAL INFORMATION AND TO LIMIT THE USE, COLLECTION OR
DISCLOSURE OF THE CONSUMER'S PERSONAL INFORMATION; AND
S. 2505 78 A. 3005
(IV) IN THE EVENT THAT A COVERED ENTITY RESPONDS TO OPT-OUT REQUESTS
RECEIVED PURSUANT TO SUBPARAGRAPH (I), (II), OR (III) OF THIS PARAGRAPH
BY INFORMING THE CONSUMER OF A CHARGE FOR THE USE OF ANY PRODUCT OR
SERVICE, PRESENT THE TERMS OF ANY FINANCIAL INCENTIVE OFFERED IN ACCORD-
ANCE WITH PARAGRAPH (I) OF SUBDIVISION FOUR OF THIS SECTION FOR THE
RETENTION, USE, SALE, OR SHARING OF THE CONSUMER'S PERSONAL INFORMATION.
(B) A COVERED ENTITY THAT RECEIVES A REQUEST PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION MUST COMPLY WITH THE REQUEST AS SOON AS TECH-
NICALLY FEASIBLE, BUT IN NO INSTANCE LONGER THAN THIRTY DAYS FROM THE
RECEIPT OF THE REQUEST.
6. OUTREACH AND EDUCATION. THE DEPARTMENT OF STATE CONSUMER PROTECTION
DIVISION (THE "DIVISION") SHALL, IN CONJUNCTION WITH THE DEPARTMENT OF
FINANCIAL SERVICES, DEVELOP, ESTABLISH, AND IMPLEMENT A PUBLIC EDUCATION
AWARENESS PROGRAM ADVISING CONSUMERS ABOUT:
(A) THE EXISTENCE OF THE CONSUMER DATA PRIVACY BILL OF RIGHTS AND
WHERE SUCH BILL OF RIGHTS CAN BE ACCESSED AND DOWNLOADED;
(B) THE SIGNIFICANCE EACH INDIVIDUAL CONSUMER PERSONAL PRIVATE DATA
POINT HOLDS IN THE MARKETPLACE;
(C) AFFIRMATIVE STEPS CONSUMERS CAN TAKE TO PREVENT UNAUTHORIZED USE
OF PERSONAL PRIVATE DATA AND THE DANGERS INHERENT IN NOT PROTECTING SUCH
DATA;
(D) THE PROGRAM SHALL INCLUDE A DEDICATED WEBPAGE ON THE DIVISION'S
WEBSITE, BROCHURES, CONSUMER GUIDES, POSTERS OR ANY COMBINATION THEREOF;
AND
(E) THE PROGRAM SHALL BE MADE AVAILABLE TO THE PUBLIC BY ANY MEANS
DEEMED APPROPRIATE BY THE DIVISION, AND MAY INCLUDE INTERNET, RADIO, AND
PRINT ADVERTISING. THE PROGRAM MAY ALSO IDENTIFY AND RECRUIT INDIVIDUALS
TO SERVE AS VISIBLE, PUBLIC AMBASSADORS TO PROMOTE CRITICAL CONSUMER
PERSONAL INFORMATION PRIVACY MESSAGES.
7. CONSUMER DATA PRIVACY ADVISORY BOARD. (A) THE CONSUMER DATA PRIVACY
ADVISORY BOARD SHALL CONSIST OF THE FOLLOWING MEMBERS, OR THEIR DESIG-
NEES:
(I) THE ATTORNEY GENERAL;
(II) THE SECRETARY OF STATE;
(III) THE SUPERINTENDENT OF FINANCIAL SERVICES;
(IV) THE CHIEF INFORMATION SECURITY OFFICER;
(V) THE CHIEF DATA OFFICER; AND
(VI) TWO MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF
THE ATTORNEY GENERAL, ONE OF WHICH MUST BE AN OFFICER OR EMPLOYEE OF A
COVERED ENTITY, AND ONE OF WHICH MUST BE AN OFFICER OR EMPLOYEE OF A
DATA PRIVACY PUBLIC INTEREST OR ADVOCACY GROUP. THESE TWO MEMBERS SHALL
SERVE FOR THREE YEAR TERMS.
(B) THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION, EXCEPT
THAT EACH OF THEM SHALL BE ALLOWED THE NECESSARY AND ACTUAL EXPENSES
INCURRED IN THE PERFORMANCE OF ANY OF THEIR DUTIES HEREUNDER.
(C) THE BOARD MAY CONDUCT ANY BUSINESS AUTHORIZED HEREIN WHEN A QUORUM
OF THE MEMBERS ARE REPRESENTED IN SESSION.
(D) THE BOARD SHALL MEET AT LEAST ONCE PER YEAR AND SHALL PROVIDE
GUIDANCE AND RECOMMENDATIONS RELATED TO THIS SECTION, ANY REGULATIONS
PROMULGATED HEREUNDER, AND OTHER MATTERS RELATED TO CONSUMER DATA PRIVA-
CY.
8. RECORDKEEPING REQUIREMENTS. COVERED ENTITIES SHALL MAINTAIN
RECORDS, IN A FORM AND MANNER AS PRESCRIBED BY THE SECRETARY OF STATE,
PERTAINING TO THEIR BUSINESS PRACTICES DEMONSTRATING COMPLIANCE WITH THE
PROVISIONS OF THIS SECTION AND ANY OTHER INFORMATION AS REQUESTED BY THE
S. 2505 79 A. 3005
SECRETARY OF STATE. SUCH INFORMATION SHALL BE MADE AVAILABLE FOR
INSPECTION UPON THE REQUEST OF THE SECRETARY OF STATE.
9. ENFORCEMENT. THE SECRETARY OF STATE SHALL HAVE THE POWER TO ENFORCE
THE PROVISIONS OF THIS SECTION, AND UPON COMPLAINT OF ANY PERSON, OR ON
HIS OR HER OWN INITIATIVE, TO INVESTIGATE ANY VIOLATION THEREOF, IF IN
THE OPINION OF THE SECRETARY OF STATE SUCH INVESTIGATION IS WARRANTED.
UPON A FINDING OF A VIOLATION OF ANY PROVISION OF THIS SECTION, THE
SECRETARY OF STATE MAY ASSESS A CIVIL PENALTY OF UP TO SEVEN THOUSAND
FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION, WHICH MAY BE IMPOSED ON A
PER DAY BASIS FOR ANY CONTINUING VIOLATION.
10. REGULATIONS. THE DEPARTMENT OF STATE SHALL HAVE THE AUTHORITY TO
ISSUE RULES AND REGULATIONS PURSUANT TO THIS SECTION TO EFFECTUATE THIS
SECTION.
§ 3. This act shall take effect two years after it shall have become a
law.
PART JJ
Section 1. The general business law is amended by adding a new article
32-A to read as follows:
ARTICLE 32-A
VOICE RECOGNITION FEATURES IN PRODUCTS
SECTION 676. DISCLOSURES FOR THE USE OF VOICE RECOGNITION FEATURES IN
PRODUCTS.
§ 676. DISCLOSURES FOR THE USE OF VOICE RECOGNITION FEATURES IN
PRODUCTS. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING
DEFINITIONS SHALL APPLY:
(A) "CLOUD COMPUTING STORAGE SERVICE" SHALL HAVE THE SAME DEFINITION
AS SUCH TERM IS DEFINED BY THE NATIONAL INSTITUTE OF STANDARDS AND TECH-
NOLOGY SPECIAL PUBLICATION 800-145, OR A SUCCESSOR PUBLICATION, AND
INCLUDES THE SERVICE AND DEPLOYMENT MODELS REFERENCED THEREIN.
(B) "CONNECTED DEVICE" SHALL MEAN A TELEVISION, VIDEO GAME CONSOLE AS
DEFINED IN SECTION THREE HUNDRED NINETY-SIX-KK OF THIS CHAPTER, COMPUTER
AS DEFINED IN SECTION THREE HUNDRED NINETY-TWO-A OF THIS CHAPTER,
COMPUTER ACCESSORY AS DEFINED IN SECTION THREE HUNDRED NINETY-TWO-A OF
THIS CHAPTER, INTERNET-CAPABLE DEVICE AS DEFINED IN SECTION FIVE HUNDRED
THIRTY-EIGHT-B OF THIS CHAPTER, OR A TOY AS DEFINED IN PARAGRAPH (F) OF
THIS SUBDIVISION.
(C) "DE-IDENTIFIED DATA" SHALL MEAN:
(I) DATA THAT CANNOT BE LINKED TO A KNOWN NATURAL PERSON WITHOUT ADDI-
TIONAL INFORMATION NOT AVAILABLE TO THE COVERED ENTITY; OR
(II) DATA THAT: HAS BEEN MODIFIED TO A DEGREE THAT THE RISK OF RE-I-
DENTIFICATION IS SMALL AS DETERMINED BY A PERSON WITH APPROPRIATE KNOW-
LEDGE OF AND EXPERIENCE WITH GENERALLY ACCEPTED STATISTICAL AND SCIEN-
TIFIC PRINCIPLES AND METHODS FOR DE-IDENTIFYING DATA; IS SUBJECT TO A
PUBLIC COMMITMENT BY THE CONTROLLER NOT TO ATTEMPT TO RE-IDENTIFY THE
DATA; AND TO WHICH ONE OR MORE ENFORCEABLE CONTROLS TO PREVENT RE-IDEN-
TIFICATION HAS BEEN APPLIED. ENFORCEABLE CONTROLS TO PREVENT RE-IDENTI-
FICATION MAY INCLUDE LEGAL, ADMINISTRATIVE, TECHNICAL, OR CONTRACTUAL
CONTROLS.
(D) "PERSONAL INFORMATION" SHALL MEAN DATA RELATING TO AN IDENTIFIED
OR IDENTIFIABLE NATURAL PERSON PROVIDED FURTHER THAT:
(I) PERSONAL INFORMATION SHALL INCLUDE BUT IS NOT LIMITED TO:
(A) AN IDENTIFIER SUCH AS A REAL NAME, ALIAS, SIGNATURE, DATE OF
BIRTH, GENDER IDENTITY, SEXUAL ORIENTATION, MARITAL STATUS, PHYSICAL
CHARACTERISTIC OR DESCRIPTION, POSTAL ADDRESS, TELEPHONE NUMBER, UNIQUE
S. 2505 80 A. 3005
PERSONAL IDENTIFIER, MILITARY IDENTIFICATION NUMBER, ONLINE IDENTIFIER,
INTERNET PROTOCOL ADDRESS, EMAIL ADDRESS, ACCOUNT NAME, MOTHER'S MAIDEN
NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE NUMBER, PASSPORT NUMBER,
OR OTHER SIMILAR IDENTIFIER;
(B) INFORMATION SUCH AS EMPLOYMENT, EMPLOYMENT HISTORY, BANK ACCOUNT
NUMBER, CREDIT CARD NUMBER, DEBIT CARD NUMBER, INSURANCE POLICY NUMBER,
OR ANY OTHER FINANCIAL INFORMATION, MEDICAL INFORMATION, MENTAL HEALTH
INFORMATION, OR HEALTH INSURANCE INFORMATION;
(C) COMMERCIAL INFORMATION, INCLUDING A RECORD OF PERSONAL PROPERTY,
INCOME, ASSETS, LEASES, RENTALS, PRODUCTS OR SERVICES PURCHASED,
OBTAINED, OR CONSIDERED, OR OTHER PURCHASING OR CONSUMING HISTORY;
(D) BIOMETRIC INFORMATION, INCLUDING A RETINA OR IRIS SCAN, FINGER-
PRINT, VOICEPRINT, OR SCAN OF HAND OR FACE GEOMETRY;
(E) INTERNET OR OTHER ELECTRONIC NETWORK ACTIVITY INFORMATION, INCLUD-
ING BROWSING HISTORY, SEARCH HISTORY, CONTENT, INCLUDING TEXT, PHOTO-
GRAPHS, AUDIO OR VIDEO RECORDINGS, OR OTHER USER-GENERATED CONTENT, NON-
PUBLIC COMMUNICATIONS, AND INFORMATION REGARDING AN INDIVIDUAL'S INTER-
ACTION WITH AN INTERNET WEBSITE, MOBILE APPLICATION, OR ADVERTISEMENT;
(F) HISTORICAL OR REAL-TIME GEOLOCATION DATA;
(G) AUDIO, VISUAL, THERMAL, OLFACTORY, OR SIMILAR INFORMATION;
(H) EDUCATION RECORDS, AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO
OF THE EDUCATION LAW;
(I) POLITICAL INFORMATION OR INFORMATION ON CRIMINAL CONVICTIONS OR
ARRESTS;
(J) ANY REQUIRED SECURITY CODE, ACCESS CODE, PASSWORD, OR USERNAME
NECESSARY TO PERMIT ACCESS TO THE ACCOUNT OF AN INDIVIDUAL;
(K) CHARACTERISTICS OF PROTECTED CLASSES UNDER THE HUMAN RIGHTS LAW,
INCLUDING RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, AGE, OR DISABILI-
TY; OR
(L) AN INFERENCE DRAWN FROM ANY OF THE INFORMATION DESCRIBED IN THIS
PARAGRAPH TO CREATE A PROFILE ABOUT AN INDIVIDUAL REFLECTING THE INDI-
VIDUAL'S PREFERENCES, CHARACTERISTICS, PSYCHOLOGICAL TRENDS, PREFER-
ENCES, PREDISPOSITIONS, BEHAVIOR, ATTITUDES, INTELLIGENCE, ABILITIES, OR
APTITUDES.
(II) PERSONAL INFORMATION SHALL NOT INCLUDE DE-IDENTIFIED DATA.
(E) "RETAINED" SHALL MEAN THE SAVING OR STORING, OR BOTH SAVING AND
STORING, OF VOICE RECORDED DATA LONGER THAN THE MINIMUM TIME NECESSARY
TO COMPLETE A REQUESTED COMMAND BY THE USER.
(F) "TOY" SHALL MEAN ANY PRODUCT DESIGNED OR INTENDED BY THE MANUFAC-
TURER TO BE USED BY CHILDREN OR ADULTS FOR AMUSEMENT OR PLAY.
(G) "USER" SHALL MEAN A PERSON WHO ORIGINALLY PURCHASES, LEASES, OR
TAKES OWNERSHIP OF A CONNECTED DEVICE OR ANOTHER PERSON DESIGNATED BY
THE USER TO PERFORM THE INITIAL SETUP OR INSTALLATION OF THE CONNECTED
DEVICE, BUT SUCH TERM SHALL NOT INCLUDE A PERSON WHO IS INCIDENTALLY
RECORDED WHEN A VOICE RECOGNITION FEATURE IS ACTIVATED BY A USER.
(H) "VOICE RECOGNITION FEATURE" SHALL MEAN THE FUNCTION OF A CONNECTED
DEVICE WITH A VOICE RECOGNITION FEATURE THAT ALLOWS THE COLLECTION,
RECORDING, STORAGE, ANALYSIS, TRANSMISSION, INTERPRETATION, OR OTHER USE
OF SPOKEN WORDS OR OTHER SOUNDS, EXCEPT THAT THIS TERM SHALL NOT INCLUDE
SPOKEN WORDS OR OTHER SOUNDS THAT ARE NOT RECORDED, RETAINED, OR TRANS-
MITTED BEYOND THE CONNECTED DEVICE.
(I) "VOICE RECORDED DATA" SHALL MEAN AUDIO RECORDINGS OR TRAN-
SCRIPTIONS OF THOSE RECORDINGS COLLECTED THROUGH THE OPERATION OF A
VOICE RECOGNITION FEATURE BY THE MANUFACTURER OF A CONNECTED DEVICE.
2. DISCLOSURES ON USE OF VOICE RECOGNITION. (A) A PERSON OR ENTITY
SHALL NOT SELL OR OTHERWISE PROVIDE A CONNECTED DEVICE OR TOY CONTAINING
S. 2505 81 A. 3005
A VOICE RECOGNITION FEATURE WITHIN THIS STATE WITHOUT PROMINENTLY
INFORMING PURCHASERS BOTH PRIOR TO THE SALE ON ITS PACKAGING AND DURING
THE INITIAL SETUP OR INSTALLATION THAT, AT A MINIMUM, THE DEVICE MAY BE
RECORDING THE USER. DURING THE INITIAL SETUP OR INSTALLATION SUCH DEVICE
MUST DISCLOSE: THE CATEGORIES OF PERSONAL INFORMATION COLLECTED, THE
PURPOSES FOR WHICH THIS PERSONAL INFORMATION IS COLLECTED, AND THAT IF
THE PERSON OR ENTITY IS RETAINING SUCH VOICE RECORDED DATA, FOR HOW
LONG, AND WHETHER A NATURAL PERSON MAY LISTEN TO SUCH AUDIO.
(B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE THE
DISCLOSURE OF ANY RECORDINGS RETAINED BY THE MANUFACTURER, ANY AFFIL-
IATES OF THE SAME, OR ANY THIRD PARTIES WITH A CONTRACTUAL RELATIONSHIP
WITH THE MANUFACTURER, TO ANY INDIVIDUAL OR ENTITY, INCLUDING A LAW
ENFORCEMENT AGENCY, OR ANY OFFICER, EMPLOYEE, OR AGENT OF SUCH AGENCY,
UNLESS OTHERWISE AUTHORIZED BY LAW OR PURSUANT TO A JUDICIAL ORDER.
(C) A MANUFACTURER SHALL NOT BE LIABLE FOR FUNCTIONALITY PROVIDED BY
APPLICATIONS THAT THE USER CHOOSES TO USE IN A CLOUD COMPUTING STORAGE
SERVICE OR ARE DOWNLOADED AND INSTALLED BY A USER, UNLESS THE MANUFAC-
TURER COLLECTS, CONTROLS, OR HAS ACCESS TO ANY PERSONAL INFORMATION
COLLECTED OR ELICITED BY THE APPLICATIONS.
(D) THIS SECTION SHALL NOT APPLY TO A PRODUCT OR SERVICE USED ONLY TO
RECORD INFORMATION BY A COVERED ENTITY, A HEALTH CARE PROVIDER, A BUSI-
NESS ASSOCIATE, A HEALTH CARE SERVICE PLAN, A CONTRACTOR, AN EMPLOYEE OR
ANOTHER PERSON THAT IS SUBJECT TO THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996 OR REGULATIONS PROMULGATED UNDER SUCH ACT,
WITH RESPECT TO ANY ACTION THAT SUCH ACT REGULATES.
(E) THIS SECTION SHALL NOT APPLY TO ANY CONNECTED DEVICE REGULATED BY
THE UNITED STATES FOOD AND DRUG ADMINISTRATION UNDER 21 C.F.R. PARTS 800
TO 1299 OR OTHER REQUIREMENTS, REGULATIONS, AND GUIDANCE THE UNITED
STATES FOOD AND DRUG ADMINISTRATION PROMULGATES WITH RESPECT TO MEDICAL
DEVICES, INCLUDING SOFTWARE AS A MEDICAL DEVICE.
3. ENFORCEMENT. THE SECRETARY OF STATE SHALL HAVE THE POWER TO ENFORCE
THE PROVISIONS OF THIS SECTION, AND UPON COMPLAINT OF ANY PERSON, OR ON
HIS OR HER OWN INITIATIVE, TO INVESTIGATE ANY VIOLATION THEREOF, IF IN
THE OPINION OF THE SECRETARY OF STATE SUCH INVESTIGATION IS WARRANTED.
UPON A FINDING OF A VIOLATION OF ANY PROVISION OF THIS SECTION, THE
SECRETARY OF STATE MAY ASSESS A CIVIL PENALTY OF UP TO TWO THOUSAND FIVE
HUNDRED DOLLARS FOR EACH SUCH VIOLATION.
§ 2. This act shall take effect one year after it shall have become a
law.
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.
S. 2505 82 A. 3005
[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 NINETY-FIVE PERCENT OF the state aid
payment received in the state fiscal year commencing April first, two
thousand [eight] TWENTY from an appropriation for aid to municipalities
with video lottery gaming facilities.
[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
Section 1. Subparagraph (i) of paragraph a of subdivision 10 of
section 54 of the state finance law, as added by section 1 of part F of
chapter 56 of the laws of 2007, is amended to read as follows:
(i) "Municipality" means a city with a population less than one
million[, town or village].
§ 2. Subparagraph (v) of paragraph b of subdivision 10 of section 54
of the state finance law, as added by section 1 of part PPP of chapter
59 of the laws of 2019, is amended and a new subparagraph (vi) is added
to read as follows:
S. 2505 83 A. 3005
(v) Notwithstanding subparagraph (i) of this paragraph, within amounts
appropriated in the state fiscal year commencing April first, two thou-
sand nineteen, [and annually thereafter,] there shall be apportioned and
paid to each municipality [which is a city] a base level grant in an
amount equal to the prior year aid received by such city, and there
shall be apportioned and paid to each [municipality which is a] town or
village a base level grant in accordance with clause two of this subpar-
agraph.
(1) When used in this subparagraph, unless otherwise expressly stated:
(A) "two thousand eighteen--two thousand nineteen AIM funding" shall
mean the sum of the base level grant paid in the state fiscal year that
began April first, two thousand eighteen pursuant to this paragraph.
(B) "two thousand seventeen total expenditures" shall mean all funds
and total expenditures for a town or a village as reported to the state
comptroller for local fiscal years ended in two thousand seventeen.
(C) "AIM Reliance" shall mean two thousand eighteen-two thousand nine-
teen AIM funding calculated as a percentage of two thousand seventeen
total expenditures, provided that, for a village which dissolved during
the state fiscal year that began April first, two thousand eighteen, the
village's two thousand eighteen--two thousand nineteen AIM funding shall
be added to the existing two thousand eighteen--two thousand nineteen
AIM funding of the town into which the village dissolved for purposes of
this calculation.
(2) A base level grant equal to a town or village's prior year aid
only if such town or village's AIM reliance equals two percent or great-
er as reported to and published by the state comptroller as of January
tenth, two thousand nineteen.
(VI) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, WITHIN
AMOUNTS APPROPRIATED IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST,
TWO THOUSAND TWENTY-ONE, AND ANNUALLY THEREAFTER, THERE SHALL BE APPOR-
TIONED AND PAID TO EACH MUNICIPALITY A BASE LEVEL GRANT IN ACCORDANCE
WITH CLAUSE TWO OF THIS SUBPARAGRAPH:
(1) WHEN USED IN THIS SUBPARAGRAPH, UNLESS OTHERWISE EXPRESSLY STATED:
(A) "TWO THOUSAND NINETEEN-TWO THOUSAND TWENTY AIM FUNDING" SHALL MEAN
THE SUM OF THE BASE LEVEL GRANT PAID IN THE STATE FISCAL YEAR THAT BEGAN
APRIL FIRST, TWO THOUSAND NINETEEN PURSUANT TO THIS PARAGRAPH.
(B) "TWO THOUSAND NINETEEN EXPENDITURES" SHALL MEAN GENERAL FUND
EXPENDITURES FOR A MUNICIPALITY AS REPORTED TO AND PUBLISHED BY THE
STATE COMPTROLLER FOR LOCAL FISCAL YEARS ENDED IN TWO THOUSAND NINETEEN.
(C) "AIM RELIANCE" SHALL MEAN TWO THOUSAND NINETEEN-TWO THOUSAND TWEN-
TY AIM FUNDING CALCULATED AS A PERCENTAGE OF TWO THOUSAND NINETEEN
EXPENDITURES.
(2) A BASE LEVEL GRANT EQUAL TO:
(A) EIGHTY PERCENT OF A MUNICIPALITY'S TWO THOUSAND NINETEEN-TWO THOU-
SAND TWENTY AIM FUNDING IF SUCH MUNICIPALITY'S AIM RELIANCE WAS EQUAL
TO OR LESS THAN 8.1500 PERCENT; OR
(B) EIGHTY-FIVE PERCENT OF A MUNICIPALITY'S TWO THOUSAND NINETEEN-TWO
THOUSAND TWENTY AIM FUNDING IF SUCH MUNICIPALITY'S AIM RELIANCE WAS
HIGHER THAN 8.1500 PERCENT BUT LESS THAN OR EQUAL TO 11.3436 PERCENT; OR
(C) NINETY PERCENT OF A MUNICIPALITY'S TWO THOUSAND NINETEEN-TWO THOU-
SAND TWENTY AIM FUNDING IF SUCH MUNICIPALITY'S AIM RELIANCE WAS HIGHER
THAN 11.3436 PERCENT BUT LESS THAN OR EQUAL TO 14.1522 PERCENT; OR
(D) NINETY-SEVEN AND ONE-HALF PERCENT OF A MUNICIPALITY'S TWO THOUSAND
NINETEEN-TWO THOUSAND TWENTY AIM FUNDING IF SUCH MUNICIPALITY'S AIM
RELIANCE WAS HIGHER THAN 14.1522 PERCENT; OR
S. 2505 84 A. 3005
(E) EIGHTY PERCENT OF A MUNICIPALITY'S TWO THOUSAND NINETEEN-TWO THOU-
SAND TWENTY AIM FUNDING IF SUCH MUNICIPALITY HAS NOT, BY MAY FIFTEENTH,
TWO THOUSAND TWENTY-ONE, REPORTED THE INFORMATION TO THE STATE COMP-
TROLLER NECESSARY TO ESTABLISH ITS TWO THOUSAND NINETEEN EXPENDITURES.
§ 3. Paragraph 5-a of subdivision (c) of section 1261 of the tax law,
as amended by section 2 of part NN of chapter 55 of the laws of 2020, 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
paragraph three of this subdivision, for each municipality that received
a base level grant in state fiscal year two thousand eighteen-two thou-
sand 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 authority, and the Erie county fiscal stability
authority, an amount equal to EIGHTY PERCENT OF the base level grant
received by such municipality in state fiscal year two thousand eigh-
teen-two thousand nineteen and shall annually distribute, by December
fifteenth, two thousand [nineteen] TWENTY-ONE and by such date annually
thereafter, such amount directly to such municipality, unless such muni-
cipality has a fiscal year ending May thirty-first, then such annual
distribution shall be made by May fifteenth, two thousand [twenty] TWEN-
TY-TWO 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 withheld or distributed pursuant to this paragraph.
§ 4. This act shall take effect immediately, provided, however, that
the amendments made to paragraph 5-a of subdivision (c) of section 1261
of the tax law made by section three of the act shall not take effect
until July 1, 2021.
PART MM
Section 1. The opening paragraph of subparagraph 2 of paragraph a and
subparagraph 2 of paragraph b of subdivision 3 of section 11 of the
general municipal law, the opening paragraph of subparagraph 2 of para-
graph a as amended by section 1 of part W of chapter 406 of the laws of
1999 and subparagraph 2 of paragraph b as amended by chapter 130 of the
laws of 1998, are amended to read as follows:
notwithstanding any other provision of general, special or local law,
any city having a population of one million or more AND ANY COUNTY may
also make investments in the following:
(2) Such obligations, unless registered or inscribed in the name of
the local government, shall be purchased through, delivered to and held
in the custody of a bank or trust company or, with respect to the city
of New York AND COUNTIES, a reputable dealer in such obligations as
shall be designated by the state comptroller, in this state. Such obli-
gations shall be purchased, sold or presented for redemption or payment
by such bank or trust company or dealer in obligations only in accord-
ance with prior written authorization from the officer authorized to
make the investment. All such transactions shall be confirmed in writing
S. 2505 85 A. 3005
to the local government by the bank or trust company. All obligations
held in the custody of a bank or trust company pursuant to this para-
graph shall be held by such bank or trust company pursuant to a written
custodial agreement as set forth in paragraph a of subdivision three of
section ten of this article.
§ 2. Paragraph b of subdivision 3 of section 11 of the general munici-
pal law, as amended by chapter 548 of the laws of 1997, is amended to
read as follows:
b. Such obligations, unless registered or inscribed in the name of the
local government, shall be purchased through, delivered to and held in
the custody of a bank or trust company or, with respect to the city of
New York AND COUNTIES, a reputable dealer in such obligations as shall
be designated by the state comptroller, in this state. Such obligations
shall be purchased, sold or presented for redemption or payment by such
bank or trust company or dealer in obligations only in accordance with
prior written authorization from the officer authorized to make the
investment. All such transactions shall be confirmed in writing to the
local government by the bank or trust company. All obligations held in
the custody of a bank or trust company pursuant to this paragraph shall
be held by such bank or trust company pursuant to a written custodial
agreement as set forth in paragraph a of subdivision three of section
ten of this article.
§ 3. This act shall take effect immediately, provided however the
amendments to subdivision 3 of section 11 of the general municipal law
made by section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 2 of chapter 130 of
the laws of 1998, as amended, when upon such date the provisions of
section two of this act shall take effect.
PART NN
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
S. 2505 86 A. 3005
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. Subdivision 11 of section 239-bb of the general municipal law is
REPEALED.
§ 3. This act shall take effect immediately.
PART OO
Section 1. Section 2 of chapter 308 of the laws of 2012 amending the
general municipal law relating to providing local governments greater
contract flexibility and cost savings by permitting certain shared
purchasing among political subdivisions, as amended by chapter 211 of
the laws of 2018, is amended to read as follows:
§ 2. This act shall take effect immediately, and shall expire and be
deemed repealed July 31, [2021] 2023.
§ 2. This act shall take effect immediately.
PART PP
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 CONTIGUOUS COUNTIES FROM JOINTLY MAINTAINING A JAIL PURSUANT TO
A SHARED SERVICES AGREEMENT THAT HAS BEEN REVIEWED AND APPROVED BY THE
NEW YORK STATE COMMISSION OF CORRECTION. THE COMMISSION'S REVIEW AND
APPROVAL OF A SHARED SERVICES AGREEMENT SHALL BE LIMITED TO THE PORTIONS
OF THE AGREEMENT THAT DIRECTLY AFFECT THE CARE, CUSTODY, CORRECTION,
TREATMENT, SUPERVISION, DISCIPLINE, AND OTHER CORRECTIONAL PROGRAMS FOR
ALL PERSONS CONFINED IN THE JAIL.
§ 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 CONTIGUOUS COUNTIES FROM JOINTLY MAINTAINING
A JAIL PURSUANT TO SECTION TWO HUNDRED SEVENTEEN OF THE COUNTY LAW.
§ 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 CONTIGUOUS COUNTIES JOINTLY MAINTAINING A
JAIL PURSUANT TO SECTION TWO HUNDRED SEVENTEEN OF THE COUNTY LAW, THE
SHERIFF OF THE COUNTY IN WHICH SUCH JAIL IS LOCATED SHALL REGULARLY
CONSULT WITH THE SHERIFF OF ANY COUNTY JOINTLY MAINTAINING THE JAIL.
§ 4. Paragraph (b) of subdivision 3 of section 259-i of the executive
law, as amended by section 11 of part E of chapter 62 of the laws of
2003, is amended to read as follows:
(b) A person who shall have been taken into custody pursuant to this
subdivision for violation of one or more conditions of presumptive
release, parole, conditional release or post-release supervision shall,
insofar as practicable, be incarcerated in the county or city in which
S. 2505 87 A. 3005
the arrest occurred. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY,
NOTHING IN THIS SUBDIVISION SHALL PROHIBIT CONTIGUOUS COUNTIES FROM
JOINTLY MAINTAINING A JAIL PURSUANT TO SECTION TWO HUNDRED SEVENTEEN OF
THE COUNTY LAW.
§ 5. Paragraph (a) of subdivision 16 of section 2 of the correction
law, as amended by chapter 681 of the laws of 1990, is amended to read
as follows:
(a) "Local correctional facility." Any place [operated] MAINTAINED by
[a county] ONE OR MORE CONTIGUOUS COUNTIES, 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 trans-
portation under sentence to imprisonment in a correctional facility, or
pursuant to any other applicable provisions of law.
§ 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 PURSUANT
TO SECTION TWO HUNDRED SEVENTEEN OF THE COUNTY LAW, THE PERSON MAY BE
IMPRISONED IN A JAIL IN THE CONTIGUOUS COUNTY THAT IS PARTY TO SUCH
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, imprisonment 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 expira-
tion 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. Subdivision 4 of section 40 of the correction law, as amended by
chapter 247 of the laws of 2018, is amended to read as follows:
4. "Municipal official" means (a) the sheriff or, where a local
correctional facility is under the jurisdiction of a county department,
the head of such department, and clerk of the board of supervisors, in
the case of a county jail; (b) [the] ANY sheriff or other officer having
custody or administrative jurisdiction and the clerk of [the] ANY board
of supervisors, in the case of a [county penitentiary] JAIL MAINTAINED
BY TWO OR MORE CONTIGUOUS COUNTIES PURSUANT TO SECTION TWO HUNDRED
SEVENTEEN OF THE COUNTY LAW; (c) the clerk of the board of supervisors
in the case of a county lockup; (d) the mayor and the city clerk, in the
case of a city jail or lockup; (e) the supervisor and town clerk, in the
case of a town lockup; (f) the mayor and village clerk, in the case of a
village lockup; (g) the clerk of the board of supervisors of the county
wherein located and the officer having custody or control, in the case
of a court detention pen or a hospital prison ward.
S. 2505 88 A. 3005
§ 8. Paragraph (b) of subdivision 3 of section 430.20 of the criminal
procedure law, as amended by chapter 788 of the laws of 1971, is amended
to read as follows:
(b) In any other case, commitment must be to the county jail[, work-
house or penitentiary, or to a penitentiary outside the county] OR, IN A
COUNTY JOINTLY MAINTAINING A JAIL PURSUANT TO SECTION TWO HUNDRED SEVEN-
TEEN OF THE COUNTY LAW, TO SUCH JAIL, and the order of commitment must
specify the institution to which the defendant is to be delivered.
§ 9. Subdivision 35 of section 1.20 of the criminal procedure law is
amended to read as follows:
35. "Commitment to the custody of the sheriff," when referring to an
order of a court located in a county or city which has established a
department of correction, means commitment to the commissioner of
correction of such county or city. WHEN REFERRING TO AN ORDER OF A
COURT LOCATED IN A COUNTY JOINTLY MAINTAINING A JAIL PURSUANT TO SECTION
TWO HUNDRED SEVENTEEN OF THE COUNTY LAW, "COMMITMENT TO THE CUSTODY OF
THE SHERIFF" SHALL MEAN COMMITMENT TO THE SHERIFF OF THE COUNTY IN WHICH
SUCH JAIL IS LOCATED.
§ 10. Paragraph a of subdivision 7 of section 3202 of the education
law, as amended by chapter 564 of the laws of 2001, is amended to read
as follows:
a. A person under twenty-one years of age who has not received a high
school diploma and who is incarcerated in a correctional facility main-
tained by [a county] ONE OR MORE CONTIGUOUS COUNTIES or by the city of
New York or in a youth shelter is eligible for educational services
pursuant to this subdivision and in accordance with the regulations of
the commissioner. Such services shall be provided by the school district
in which the facility or youth shelter is located, within the limits of
the funds allocated by the commissioner for such purposes pursuant to
section thirty-six hundred two of this chapter and pursuant to a plan
approved by the commissioner. School districts shall submit such plan
by July fifteenth of each school year. Boards of education are author-
ized to contract for the provision of such educational services by a
board of cooperative educational services or by another public school
district.
§ 11. 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 QQ
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. Local government records management account (20501).
3. Child health plus program account (20810).
4. EPIC premium account (20818).
5. Education - New (20901).
6. VLT - Sound basic education fund (20904).
7. Sewage treatment program management and administration fund
(21000).
8. Hazardous bulk storage account (21061).
9. Utility environmental regulatory account (21064).
S. 2505 89 A. 3005
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
24. New York state thruway authority account (21905).
25. Mental hygiene program fund account (21907).
26. Mental hygiene patient income account (21909).
27. Financial control board account (21911).
28. Regulation of racing account (21912).
29. State university dormitory income reimbursable account (21937).
30. Criminal justice improvement account (21945).
31. Environmental laboratory reference fee account (21959).
32. Training, management and evaluation account (21961).
33. Clinical laboratory reference system assessment account (21962).
34. Indirect cost recovery account (21978).
35. Multi-agency training account (21989).
36. Bell jar collection account (22003).
37. Industry and utility service account (22004).
38. Real property disposition account (22006).
39. Parking account (22007).
40. Courts special grants (22008).
41. Asbestos safety training program account (22009).
42. Camp Smith billeting account (22017).
43. Batavia school for the blind account (22032).
44. Investment services account (22034).
45. Surplus property account (22036).
46. Financial oversight account (22039).
47. Regulation of Indian gaming account (22046).
48. Rome school for the deaf account (22053).
49. Seized assets account (22054).
50. Administrative adjudication account (22055).
51. Federal salary sharing account (22056).
52. New York City assessment account (22062).
53. Cultural education account (22063).
54. Local services account (22078).
55. DHCR mortgage servicing account (22085).
56. Housing indirect cost recovery account (22090).
57. DHCR-HCA application fee account (22100).
58. Low income housing monitoring account (22130).
59. Corporation administration account (22135).
60. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
61. Deferred compensation administration account (22151).
62. Rent revenue other New York City account (22156).
63. Rent revenue account (22158).
S. 2505 90 A. 3005
64. Tax revenue arrearage account (22168).
65. New York state medical indemnity fund account (22240).
66. Behavioral health parity compliance fund (22246).
67. State university general income offset account (22654).
68. Lake George park trust fund account (22751).
69. State police motor vehicle law enforcement account (22802).
70. Highway safety program account (23001).
71. DOH drinking water program account (23102).
72. NYCCC operating offset account (23151).
73. Commercial gaming regulation account (23702).
74. Highway use tax administration account (23801).
75. New York state secure choice administrative account (23806).
76. Fantasy sports administration account (24951).
77. Highway and bridge capital account (30051).
78. Aviation purpose account (30053).
79. State university residence hall rehabilitation fund (30100).
80. State parks infrastructure account (30351).
81. Clean water/clean air implementation fund (30500).
82. Hazardous waste remedial cleanup account (31506).
83. Youth facilities improvement account (31701).
84. Housing assistance fund (31800).
85. Housing program fund (31850).
86. Highway facility purpose account (31951).
87. Information technology capital financing account (32215).
88. New York racing account (32213).
89. Capital miscellaneous gifts account (32214).
90. New York environmental protection and spill remediation account
(32219).
91. Mental hygiene facilities capital improvement fund (32300).
92. Correctional facilities capital improvement fund (32350).
93. New York State Storm Recovery Capital Fund (33000).
94. OGS convention center account (50318).
95. Empire Plaza Gift Shop (50327).
96. Centralized services fund (55000).
97. Archives records management account (55052).
98. Federal single audit account (55053).
99. Civil service EHS occupational health program account (55056).
100. Banking services account (55057).
101. Cultural resources survey account (55058).
102. Neighborhood work project account (55059).
103. Automation & printing chargeback account (55060).
104. OFT NYT account (55061).
105. Data center account (55062).
106. Intrusion detection account (55066).
107. Domestic violence grant account (55067).
108. Centralized technology services account (55069).
109. Labor contact center account (55071).
110. Human services contact center account (55072).
111. Tax contact center account (55073).
112. Department of law civil recoveries account (55074).
113. Executive direction internal audit account (55251).
114. CIO Information technology centralized services account (55252).
115. Health insurance internal service account (55300).
116. Civil service employee benefits division administrative account
(55301).
117. Correctional industries revolving fund (55350).
S. 2505 91 A. 3005
118. Employees health insurance account (60201).
119. Medicaid management information system escrow fund (60900).
120. New York state cannabis revenue 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, 2022, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $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. $2,520,000,000 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. $746,000,000 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. $125,600,000 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. $6,000,000 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.
S. 2505 92 A. 3005
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. $68,000,000 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, 2021 through March 31,
2022.
13. $7,850,000 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.
17. $12,500,000 from the School Capital Facilities Financing Reserve
Fund to the Capital Projects Fund account (30000), for excess debt
service reserve fund balances related to bonds that have been fully
retired. Such excess funds shall be used to support the development of
a modernized State aid data system for the education department.
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital 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, and/or federal capital 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
S. 2505 93 A. 3005
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. $1,800,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
9. $7,000,000 from the general fund to the enterprise fund, state fair
account (50051).
10. $4,000,000 from the waste management & cleanup account (21053) to
the general fund.
11. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
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. $175,000,000 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).
S. 2505 94 A. 3005
9. $5,000,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
General Government:
1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
2. $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. $3,435,000 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. $12,000,000 from the agencies enterprise fund, parking services
account (22007), to the centralized services, building support services
account (55018).
14. $30,000,000 from the general fund to the internal service fund,
business services center account (55022).
15. $8,000,000 from the general fund to the internal service fund,
building support services account (55018).
16. $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. $20,294,000 from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
S. 2505 95 A. 3005
5. $2,000,000 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. $6,000,000 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 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.
11. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund, to the miscellaneous special revenue fund,
environmental laboratory fee account (21959).
12. An amount up to the unencumbered balance from the public health
emergency charitable gifts trust fund to the general fund, for payment
of goods and services necessary to respond to a public health disaster
emergency or to assist or aid in responding to such a disaster.
13. $2,585,000 from the miscellaneous special revenue fund, patient
safety center account (22140), to the general fund.
14. $1,000,000 from the miscellaneous special revenue fund, nursing
home receivership account (21925), to the general fund.
15. $133,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
16. $2,200,000 from the miscellaneous special revenue fund, adult home
quality enhancement account (22091), 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. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
ment insurance special interest and penalty account (23601), and public
work enforcement account (21998), to the general fund.
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. 2505 96 A. 3005
2. $2,587,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $20,773,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $2,000,000,000 from any of the division of homeland security and
emergency 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. $131,500,000 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. $30,500,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
Transportation:
1. $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.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
4. $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.
5. $3,000,000 from the miscellaneous special revenue fund, traffic
adjudication account (22055), to the general fund.
6. $8,557,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance account (21402),
to the capital projects fund (30000).
7. $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
S. 2505 97 A. 3005
amounts deposited in the general fund for such purpose pursuant to
section 94 of the transportation law.
8. $4,721,000 from the mass transportation operating assistance fund,
public transportation systems operating assistance account (21401), to
the general fund.
9. $107,474,000 from the mass transportation operating assistance
fund, metropolitan mass transportation operating assistance account
(21402), to the general fund.
10. $22,557,000 from the dedicated mass transportation trust fund,
transit account (20851), to the general fund.
11. $3,985,000 from the dedicated mass transportation trust fund,
commuter rail account (20852), to the general fund.
12. $2,372,000 from the dedicated mass transportation trust fund,
non-MTA account (20853), to the general fund.
13. $12,552,000 from the metropolitan transportation authority finan-
cial assistance fund, mobility tax trust account (23651), to the general
fund.
14. $6,552,000 from the New York central business district trust fund
(23653) to the general fund.
Miscellaneous:
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances
or fund spending expected to be incurred to maintain essential govern-
mental operations which are in excess of available cash resulting from a
reduction of dedicated revenue sources that were waived or otherwise
impacted by reduced utilization directly or indirectly associated with
executive order and/or societal response to the novel coronavirus,
COVID-19.
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, 2022:
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. 2505 98 A. 3005
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, 2022, 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, 2022, 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, 2022, 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, 2022.
§ 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 $978,934,300 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2021 through June 30, 2022 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. 2505 99 A. 3005
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, 2021 to June 30, 2022 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, 2022.
§ 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, 2022.
§ 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 $1 billion 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 2021-22 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
S. 2505 100 A. 3005
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 up to $20,000,000 for the state fiscal
year commencing April 1, 2021, 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,
2022: (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. 2505 101 A. 3005
§ 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, 2022 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 20 of part JJ of chapter 56 of the laws of 2020, 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
[twenty] TWENTY-ONE, 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
[$2,073,116,000] $586,503,000, 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 [twenty] TWENTY-ONE.
§ 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, 2022, 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. $7,502,241 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $135,656,957 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $49,329,802 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. Subdivision 5 of section 4 of the state finance law, as amended
by section 16 of part PP of chapter 56 of the laws of 2009, is amended
to read as follows:
5. No money or other financial resources shall be transferred or
temporarily loaned from one fund to another without specific statutory
S. 2505 102 A. 3005
authorization for such transfer or temporary loan, except that money or
other financial resources of a fund may be temporarily loaned to the
general fund during the state fiscal year provided that such loan shall
be repaid in full no later than [(a) four months after it was made or
(b) by] the end of the same fiscal year in which it was made, [whichever
period is shorter,] so that an accurate accounting and reporting of the
balance of financial resources in each fund may be made. The comptroller
is hereby authorized to temporarily loan money from the general fund or
any other fund to the fund/accounts that are authorized to receive a
loan. Such loans shall be limited to the amounts immediately required to
meet disbursements, made in pursuance of an appropriation by law and
authorized by a certificate of approval issued by the director of the
budget with copies thereof filed with the comptroller and the chair of
the senate finance committee and the chair of the assembly ways and
means committee. The director of the budget shall not issue such a
certificate unless he or she shall have determined that the amounts to
be so loaned are receivable on account. When making loans, the comp-
troller shall establish appropriate accounts and if the loan is not
repaid by the end of the month, provide on or before the fifteenth day
of the following month to the director of the budget, the chair of the
senate finance committee and the chair of the assembly ways and means
committee, an accurate accounting and report of the financial resources
of each such fund at the end of such month. Within ten days of the
receipt of such accounting and reporting, the director of the budget
shall provide the comptroller and the chair of the senate finance
committee and the chair of the assembly ways and means committee an
expected schedule of repayment by fund and by source for each outstand-
ing loan. Repayment shall be made by the comptroller from the first cash
receipt of this fund.
§ 23. The opening paragraph of subdivision 3 of section 93-b of the
state finance law, as amended by section 1 of part M of chapter 57 of
the laws of 2016, is amended to read as follows:
Notwithstanding any other provisions of law to the contrary, [commenc-
ing on April first, two thousand fifteen, and continuing through March
thirty-first, two thousand twenty-one,] the comptroller is hereby
authorized to transfer monies from the dedicated infrastructure invest-
ment fund to the general fund, and from the general fund to the dedi-
cated infrastructure investment fund, in an amount determined by the
director of the budget to the extent moneys are available in the fund;
provided, however, that the comptroller is only authorized to transfer
monies from the dedicated infrastructure investment fund to the general
fund in the event of an economic downturn as described in paragraph (a)
of this subdivision; and/or to fulfill disallowances and/or settlements
related to over-payments of federal medicare and medicaid revenues in
excess of one hundred million dollars from anticipated levels, as deter-
mined by the director of the budget and described in paragraph (b) of
this subdivision.
§ 24. 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
S. 2505 103 A. 3005
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.
§ 25. 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 JJ of chapter 56 of the laws of 2020, 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 eight hundred
seventeen million two hundred ninety-nine thousand dollars
$8,817,299,000] NINE BILLION ONE HUNDRED THIRTY-NINE MILLION SIX HUNDRED
NINETEEN THOUSAND DOLLARS $9,139,619,000, 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 correc-
tional facilities capital improvement fund to pay for all or any portion
of the amount or amounts paid by the state from appropriations or reap-
propriations made to the department of corrections and community super-
vision from the correctional facilities capital improvement fund for
capital projects. The aggregate amount of bonds, notes or other obli-
gations 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 eight hundred seventeen million two hundred
ninety-nine thousand dollars $8,817,299,000] NINE BILLION ONE HUNDRED
THIRTY-NINE MILLION SIX HUNDRED NINETEEN THOUSAND DOLLARS
$9,139,619,000, 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 obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the debt
S. 2505 104 A. 3005
service payments on the refunding 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 estimated accrued interest from the sale ther-
eof.
§ 26. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 29 of part JJ of chapter 56 of the laws of 2020, 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 [three
hundred twenty-three million one hundred thousand dollars $323,100,000]
THREE HUNDRED SEVENTY-FOUR MILLION SIX HUNDRED THOUSAND DOLLARS
$374,600,000, 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.
§ 27. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 30 of part JJ of chapter 56 of the laws of 2020,
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 [six billion three hundred seventy-four million ten
thousand dollars $6,374,010,000] SEVEN BILLION ONE HUNDRED THIRTY
MILLION TEN THOUSAND DOLLARS $7,130,010,000, 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.
§ 28. 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 31 of part JJ of chapter 56 of the laws of 2020, 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
S. 2505 105 A. 3005
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 [three hundred fourteen million dollars $314,000,000] THREE
HUNDRED FORTY-SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS $347,500,000,
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 [$1,115,800,000
one billion one hundred fifteen million eight hundred thousand dollars]
ONE BILLION TWO HUNDRED SEVENTY-EIGHT MILLION EIGHT HUNDRED THOUSAND
DOLLARS $1,278,800,000, 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 previ-
ously 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.
§ 29. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 32 of part JJ of chapter 56 of
the laws of 2020, 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 [fourteen billion seven hundred forty-one million eight hundred
sixty-four thousand dollars $14,741,864,000] FIFTEEN BILLION FOUR
HUNDRED FIFTY-FIVE MILLION EIGHT HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$15,455,864,000; 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
S. 2505 106 A. 3005
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.
§ 30. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 33 of part JJ of chapter 56 of
the laws of 2020, 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 [nine billion two hundred twenty-two
million seven hundred thirty-two thousand dollars $9,222,732,000] NINE
BILLION FIVE HUNDRED FORTY-EIGHT MILLION EIGHT HUNDRED THIRTY THOUSAND
DOLLARS $9,548,830,000. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the city university, and the fund are prohibited from covenanting or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
S. 2505 107 A. 3005
§ 31. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 34 of part JJ of chapter 56 of the laws of 2020,
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 fifty-one
million six hundred forty thousand dollars $1,051,640,000] ONE BILLION
SIXTY-SIX MILLION TWO HUNDRED FIFTY-SEVEN THOUSAND DOLLARS
$1,066,257,000. 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.
§ 32. 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 35 of part JJ of chapter 56 of the laws of 2020, 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 forty million
three hundred fifteen thousand dollars $840,315,000] EIGHT HUNDRED
SEVENTY-SIX MILLION FIFTEEN THOUSAND DOLLARS $876,015,000, which author-
ization 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 facilities improvement fund, to pay
for all or any portion of the amount or amounts paid by the state from
appropriations or reappropriations made to the office of children and
family services from the youth facilities improvement fund for capital
projects. The aggregate amount of bonds, notes and other obligations
authorized to be issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts expended by
the state from appropriations or reappropriations made to the office of
children and family services; provided, however, that upon any such
refunding or repayment the total aggregate principal amount of outstand-
ing bonds, notes or other obligations may be greater than [eight hundred
forty million three hundred fifteen thousand dollars $840,315,000] EIGHT
HUNDRED SEVENTY-SIX MILLION FIFTEEN THOUSAND DOLLARS $876,015,000, 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
S. 2505 108 A. 3005
(compounded semi-annually) necessary to discount the debt service
payments on the refunding 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 includ-
ing estimated accrued interest or proceeds received by the corporation
including estimated accrued interest from the sale thereof.
§ 33. 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 36 of part JJ
of chapter 56 of the laws of 2020, 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 nine hundred twenty-seven million two hundred
seventy-six thousand dollars $9,927,276,000] TEN BILLION FOUR HUNDRED
SEVENTY-SIX MILLION SEVEN HUNDRED SEVENTY-THREE THOUSAND DOLLARS
$10,476,773,000, excluding mental health services facilities improvement
bonds and mental health services facilities improvement notes issued to
refund outstanding 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 facilities improvement bonds and/or mental health services
facilities improvement notes the total aggregate principal amount of
outstanding mental health services facilities improvement bonds and
mental health facilities improvement notes may be greater than [nine
billion nine hundred twenty-seven million two hundred seventy-six thou-
sand dollars $9,927,276,000] TEN BILLION FOUR HUNDRED SEVENTY-SIX
MILLION SEVEN HUNDRED SEVENTY-THREE THOUSAND DOLLARS $10,476,773,000,
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
S. 2505 109 A. 3005
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 obli-
gations 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 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 estimated 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 aver-
age 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 maximum 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 addiction services and supports, in consultation with
their respective commissioners to finance bondable appropriations previ-
ously approved by the legislature.
§ 34. 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 37 of part JJ of chapter 56 of the laws of 2020, 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 [one hundred fifty-seven
million dollars $157,000,000] ONE HUNDRED SEVENTY-TWO MILLION DOLLARS
$172,000,000, 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 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
S. 2505 110 A. 3005
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.
§ 35. Section 53 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 38 of part JJ of chapter 56 of the laws of 2020, 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 [one hundred] TWO HUNDRED ninety-three million dollars
[$193,000,000] $293,000,000, 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.
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
S. 2505 111 A. 3005
by the dormitory authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
§ 36. 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 39 of part JJ of chapter 56 of the laws of 2020, 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 [eleven
billion three hundred forty-nine million eight hundred seventy-five
thousand dollars $11,349,875,000] ELEVEN BILLION EIGHT HUNDRED THIRTY-
SEVEN MILLION TWO HUNDRED TWENTY-SEVEN THOUSAND DOLLARS $11,837,227,000
cumulatively by the end of fiscal year [2020-21] 2021-22.
§ 37. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 40 of part JJ of chapter 56 of the laws of 2020,
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 sixty-five million
dollars $265,000,000] TWO HUNDRED SEVENTY-NINE MILLION DOLLARS
$279,000,000.
§ 38. 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 41 of part JJ of chapter 56 of the laws of 2020, 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,
S. 2505 112 A. 3005
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 [ten billion three hundred thirty-four million eight hundred
fifty-one thousand dollars $10,334,851,000] ELEVEN BILLION TWO HUNDRED
FIFTY-FOUR MILLION TWO HUNDRED TWO THOUSAND DOLLARS $11,254,202,000,
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-
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
S. 2505 113 A. 3005
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.
§ 39. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 42 of part JJ of chapter 56 of the laws of 2020, 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 [six
billion nine hundred forty-two million four hundred sixty-three thousand
dollars $6,942,463,000] EIGHT BILLION EIGHT HUNDRED THIRTY-NINE MILLION
NINE HUNDRED SIXTY-THREE THOUSAND DOLLARS $8,839,963,000, 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 authori-
ty, 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.
§ 40. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 43 of part JJ of chapter 56
of the laws of 2020, 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-
S. 2505 114 A. 3005
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 five hundred thir-
ty-one million five hundred twenty-three thousand dollars
$6,531,523,000] SEVEN BILLION EIGHTY-SIX MILLION SIX HUNDRED SEVEN THOU-
SAND DOLLARS $7,086,607,000, 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 particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
§ 41. 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 44 of part JJ of chapter 56 of the
laws of 2020, 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 THE STATE EDUCA-
TION DEPARTMENT, special act school districts, state-supported schools
for the blind and deaf, approved private special education schools,
non-public schools, community centers, day care facilities, residential
camps, day camps, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [one hundred fifty-five
million dollars $155,000,000] ONE HUNDRED NINETY-SIX MILLION DOLLARS
$196,000,000, 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.
§ 42. 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 45 of part JJ of chapter 56 of the
laws of 2020, 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
S. 2505 115 A. 3005
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [eight hundred thirty
million fifty-four thousand dollars, $830,054,000] NINE HUNDRED FORTY-
NINE MILLION TWO HUNDRED FIFTY-FOUR THOUSAND DOLLARS $949,254,000
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.
§ 43. Paragraph (b) of subdivision 1 of section 385 of the public
authorities law, as amended by section 1 of part G of chapter 60 of the
laws of 2005, is amended to read as follows:
(b) The authority is hereby authorized, as additional corporate
purposes thereof solely upon the request of the director of the budget:
(i) to issue special emergency highway and bridge trust fund bonds and
notes for a term not to exceed thirty years and to incur obligations
secured by the moneys appropriated from the dedicated highway and bridge
trust fund established in section eighty-nine-b of the state finance
law; (ii) to make available the proceeds in accordance with instructions
provided by the director of the budget from the sale of such special
emergency highway and bridge trust fund bonds, notes or other obli-
gations, net of all costs to the authority in connection therewith, for
the purposes of financing all or a portion of the costs of activities
for which moneys in the dedicated highway and bridge trust fund estab-
lished in section eighty-nine-b of the state finance law are authorized
to be utilized or for the financing of disbursements made by the state
for the activities authorized pursuant to section eighty-nine-b of the
state finance law; and (iii) to enter into agreements with the commis-
sioner of transportation pursuant to section ten-e of the highway law
with respect to financing for any activities authorized pursuant to
section eighty-nine-b of the state finance law, or agreements with the
commissioner of transportation pursuant to sections ten-f and ten-g of
the highway law in connection with activities on state highways pursuant
to these sections, and (iv) to enter into service contracts, contracts,
agreements, deeds and leases with the director of the budget or the
commissioner of transportation and project sponsors and others to
provide for the financing by the authority of activities authorized
pursuant to section eighty-nine-b of the state finance law, and each of
the director of the budget and the commissioner of transportation are
hereby authorized to enter into service contracts, contracts, agree-
ments, deeds and leases with the authority, project sponsors or others
to provide for such financing. The authority shall not issue any bonds
or notes in an amount in excess of [$16.5 billion] EIGHTEEN BILLION ONE
HUNDRED FIFTY MILLION DOLLARS $18,150,000,000, plus a principal amount
of bonds or notes: (A) to fund capital reserve funds; (B) to provide
capitalized interest; and, (C) to fund other costs of issuance. In
computing for the purposes of this subdivision, the aggregate amount of
indebtedness evidenced by bonds and notes of the authority issued pursu-
ant to this section, as amended by a chapter of the laws of nineteen
S. 2505 116 A. 3005
hundred ninety-six, there shall be excluded the amount of bonds or notes
issued that would constitute interest under the United States Internal
Revenue Code of 1986, as amended, and the amount of indebtedness issued
to refund or otherwise repay bonds or notes.
§ 44. Subdivision 1 of section 386-a of the public authorities law, as
amended by section 44 of part TTT of chapter 59 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 assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter or other
capital projects. The aggregate principal amount of bonds authorized to
be issued pursuant to this section shall not exceed [two billion one
hundred seventy-nine million eight hundred fifty-six thousand dollars
$2,179,856,000] TWELVE BILLION FIVE HUNDRED FIFTEEN MILLION EIGHT
HUNDRED FIFTY-SIX THOUSAND DOLLARS $12,515,856,000, 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 develop-
ment 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. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 57 to read as follows:
§ 57. 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 EMPIRE STATION COMPLEX
PROJECT, AND SUCH PROJECT SHALL BE DEEMED A CAPITAL WORK OR PURPOSE FOR
PURPOSES OF SUBDIVISION 3 OF SECTION 67-B OF THE STATE FINANCE LAW. THE
AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO
THIS SECTION SHALL NOT EXCEED ONE BILLION THREE HUNDRED MILLION DOLLARS
$1,300,000,000, 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.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
S. 2505 117 A. 3005
RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE EMPIRE
STATION COMPLEX PROJECT, 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
PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND
NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL
PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN
PROVIDED SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF
ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY
ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE
INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE,
SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR
ANY PAYMENTS MADE OR TO BE MADE 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.
§ 46. Paragraphs (a) and (b) of subdivision 1 of section 54 of section
1 of chapter 174 of the laws of 1968, constituting the New York state
urban development corporation act, as added by section 49-a of part JJ
of chapter 56 of the laws of 2020, are amended to read as follows:
(a) The state of New York finds and determines that the global spread
of the COVID-19 [coronavirus disease is having and] PANDEMIC is expected
to continue to have a significant ADVERSE impact on the health and
welfare of individuals in the state as well as [a significant financial
impact on the state] TO THE FINANCIAL CONDITION OF THE STATE DURING THE
STATE'S 2022 FISCAL YEAR AND BEYOND. The [serious threat posed by]
ANTICIPATED SHORTFALLS AND DEFERRALS IN THE STATE'S FINANCIAL PLAN
RECEIPTS CAUSED BY the COVID-19 [coronavirus disease] PANDEMIC has
[caused governments, including] REQUIRED the state[,] to adopt policies,
regulations and procedures [to] THAT suspend various legal requirements
[in order to (i) respond to and mitigate the impact of the outbreak, and
(ii) provide temporary relief to individuals, including the deferral of
the federal income tax payment deadline from April 15, 2020 to a later
date in the calendar year. The state of New York further finds and
determines that] AND ADDRESS STATE BUDGETARY PRESSURES, SOME OF WHICH
REQUIRE certain fiscal management authorization measures [should be] TO
BE LEGISLATIVELY authorized and established.
(b) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section sixty-seven-b of the state finance law, the dormitory
authority of the state of New York and the corporation are hereby
authorized to issue until December 31, [2020] 2021, notes with a maturi-
ty no later than March 31, [2021] 2022, to be designated as personal
income tax revenue or bond anticipation notes, in one or more series in
an aggregate principal amount not to exceed eight billion dollars,
excluding notes issued to finance one or more debt service reserve
funds, to pay costs of issuance of such notes, and notes issued to
renew, refund or otherwise repay such notes previously issued, for the
purpose of temporarily financing budgetary needs of the state [following
the federal government deferral of the federal income tax payment dead-
line from April 15, 2020 to a later date in the calendar year]. Such
purpose shall constitute an authorized purpose under subdivision two of
section sixty-eight-a of the state finance law for all purposes of arti-
S. 2505 118 A. 3005
cle five-C of the state finance law with respect to the notes, renewal
notes, refunding notes and any state personal income tax revenue bonds
issued to refinance any notes, renewal notes, refunding notes authorized
by this paragraph. On or before their maturity, such notes may be
renewed or refunded once with renewal or refunding notes for an addi-
tional period not to exceed one year from the date of renewal or refund-
ing. If on or before the maturity date of such notes or such renewal or
refunding notes, the director of the division of the budget shall deter-
mine that all or a portion of such notes or such renewal or refunding
notes shall be refinanced on a long term basis, such notes or such
renewal or refunding notes may be refinanced with state personal income
tax revenue bonds in one or more series in an aggregate principal amount
not to exceed the then outstanding principal amount of such notes or
such renewal or refunding notes plus an amount necessary to finance one
or more debt service reserve funds and to pay costs of issuance of such
refunding bonds, notwithstanding any other provision of law to the
contrary, including, specifically, the provisions of chapter fifty-nine
of the laws of two thousand and section sixty-seven-b of the state
finance law, OTHER THAN SUBDIVISION FOUR OF SECTION SIXTY-SEVEN-B OF THE
STATE FINANCE LAW. For so long as any notes, renewal or refunding notes
or such refunding bonds authorized by this paragraph shall remain
outstanding, including any state-supported debt issued to refinance the
refunding bonds authorized by this paragraph, the restrictions, limita-
tions and requirements contained in article five-B of the state finance
law shall not apply, OTHER THAN SUBDIVISION FOUR OF SECTION SIXTY-SEV-
EN-B OF SUCH ARTICLE.
§ 47. Section 55 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 49-b of part JJ of chapter 56 of the laws of 2020, is
amended to read as follows:
§ 55. 1. Findings and declaration of need. (a) The state of New York
finds and determines that the global spread of the COVID-19 [coronavirus
disease] PANDEMIC is [having and is] expected to continue to have a
significant ADVERSE impact on the health and welfare of individuals in
the state as well as [a significant] TO THE financial [impact on] CONDI-
TION OF the state DURING THE STATE'S 2022 FISCAL YEAR AND BEYOND. The
[serious threat posed by] ANTICIPATED SHORTFALLS AND DEFERRALS IN THE
STATE'S FINANCIAL PLAN RECEIPTS CAUSED BY the COVID-19 [coronavirus
disease] PANDEMIC has [caused governments, including] REQUIRED the
state[,] to adopt policies, regulations and procedures [to] THAT suspend
various legal requirements [in order to: (i) respond to and mitigate the
impact of the outbreak;] and [(ii)] address STATE budgetary pressures
[to the state arising from anticipated shortfalls and deferrals in the
state's fiscal 2021 financial plan receipts, thereby requiring that],
SOME OF WHICH REQUIRE certain fiscal management authorization measures
TO be LEGISLATIVELY authorized and established.
(b) DEFINITIONS. WHEN USED IN THIS SUBDIVISION THE FOLLOWING TERMS
SHALL HAVE THE MEANINGS SET FORTH BELOW:
(I) "STATE-SUPPORTED DEBT" SHALL MEAN ANY STATE PERSONAL INCOME TAX
REVENUE BONDS, STATE SALES TAX REVENUE BONDS OR SERVICE CONTRACT BONDS
ISSUED BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK OR THE URBAN
DEVELOPMENT CORPORATION TO REFINANCE ONE OR MORE LINE OF CREDIT FACILI-
TIES PROVIDED FOR IN THIS SUBDIVISION, TOGETHER WITH ANY RELATED
EXPENSES AND FEES, AND ANY SUCH BONDS OR NOTES ISSUED TO FUND RESERVE
FUNDS AND COSTS OF ISSUANCE, FOR WHICH THE STATE IS CONTRACTUALLY OBLI-
GATED TO PAY DEBT SERVICE SUBJECT TO AN APPROPRIATION.
S. 2505 119 A. 3005
(II) "RELATED EXPENSES AND FEES" SHALL MEAN INTEREST COSTS, COMMITMENT
FEES AND OTHER COSTS, EXPENSES AND FEES INCURRED IN CONNECTION WITH A
LINE OF CREDIT FACILITY AND/OR A SERVICE CONTRACT OR OTHER AGREEMENT OF
THE STATE SECURING SUCH LINE OF CREDIT FACILITY THAT CONTRACTUALLY OBLI-
GATES THE STATE TO PAY DEBT SERVICE SUBJECT TO AN APPROPRIATION.
(C) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section 67-b of the state finance law, [during the state's 2021
fiscal year,] the dormitory authority of the state of New York and the
urban development corporation are authorized UNTIL MARCH 31, 2024 to:
(i) enter into commitments with financial institutions for the estab-
lishment of one or more line of credit facilities and other similar
revolving financing arrangements not in excess of three billion dollars
in aggregate principal amount outstanding at any one time; (ii) draw, at
one or more times at the direction of the director of the budget, upon
such line of credit facilities and provide to the state the amounts so
drawn for the purpose of assisting the state to temporarily finance its
budgetary needs; and (iii) secure repayment of such draws under such
line of credit facilities [with a service contract of the state],
TOGETHER WITH RELATED EXPENSES AND FEES, which payment obligation there-
under 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 moneys are available and that no liability shall be
incurred by the state beyond the moneys available for such purpose, and
that such payment obligation is subject to annual appropriation by the
legislature. Any line of credit facility agreements entered by the
dormitory authority of the state of New York and/or the urban develop-
ment corporation with financial institutions pursuant to this section
may contain such provisions that the dormitory authority of the state of
New York and/or the urban development corporation deem necessary or
desirable for the establishment of such credit facilities. The maximum
[original] term of any line of credit facility shall be [one year] THREE
YEARS from the date of incurrence; provided however that NO DRAW ON any
such line of credit facility [may be extended, renewed or refinanced for
up to two additional one year terms] SHALL OCCUR AFTER MARCH 31, 2024,
AND PROVIDED FURTHER THAT ANY SUCH LINE OF CREDIT FACILITY WHOSE TERM
EXTENDS BEYOND MARCH 31, 2024, SHALL BE SUPPORTED BY SUFFICIENT APPRO-
PRIATION AUTHORITY ENACTED BY THE LEGISLATURE THAT PROVIDES FOR THE
REPAYMENT OF ALL AMOUNTS DRAWN AND REMAINING UNPAID AS OF MARCH 31,
2024, TOGETHER WITH RELATED EXPENSES AND FEES INCURRED AND TO BECOME DUE
AND PAYABLE BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND/OR
THE URBAN DEVELOPMENT CORPORATION. If on or before the maturity date of
the [original] term of ANY such line of credit facility [or any renewal
or extension term thereof], the director of the division of the budget
shall determine that all or a portion of [any outstanding line of credit
facility] THE AMOUNTS DRAWN AND REMAINING UNPAID, TOGETHER WITH RELATED
EXPENSES AND FEES TO BECOME DUE AND PAYABLE BY THE DORMITORY AUTHORITY
OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOPMENT CORPORATION shall
be refinanced on a long-term basis, the dormitory authority of the state
of New York and/or the urban development corporation are authorized to
refinance such [line of credit facility with state personal income tax
revenue bonds and/or state service contract bonds] AMOUNTS BY ISSUING
STATE-SUPPORTED DEBT in one or more series in an aggregate principal
amount not to exceed the [then outstanding principal amount of such line
of credit facility and any accrued interest thereon] AGGREGATE AMOUNT
BEING SO REFINANCED, INCLUDING RELATED EXPENSES AND FEES, plus an amount
S. 2505 120 A. 3005
necessary to finance one or more debt service reserve funds and to pay
costs of issuance of such [state personal income tax revenue bonds
and/or state service contract bonds] STATE-SUPPORTED DEBT.
[(c)] (D) Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the general fund, all amounts provided by the dormitory
authority of the state of New York and/or the urban development corpo-
ration to the state from draws made on any line of credit facility
authorized by paragraph [(b)] (C) of this subdivision.
[(d)] (E) Notwithstanding any other provision of law to the contrary,
including specifically the provisions of subdivision 3 of section 67-b
of the state finance law, no capital work or purpose shall be required
for any indebtedness incurred in connection with any line of credit
facility authorized by paragraph [(b)] (C) of this subdivision [and any
extensions or renewals thereof], or for any [state personal income tax
revenue bonds and/or state service contract bonds] STATE-SUPPORTED DEBT
issued to refinance any [of the foregoing] LINE OF CREDIT FACILITY
AUTHORIZED BY PARAGRAPH (C) OF THIS SUBDIVISION, or for any service
contract OR OTHER AGREEMENT entered into in connection with any SUCH
line of credit facility, all in accordance with this section.
[(e)] (F) Notwithstanding any other provision of law to the contrary,
for so long as any such line of credit facility shall remain outstand-
ing, the restrictions, limitations and requirements contained in article
5-B of the state finance law shall not apply. In addition, OTHER THAN
SUBDIVISION 4 OF SECTION 67-B OF SUCH ARTICLE such restrictions, limita-
tions and requirements shall not apply to any [state personal income tax
revenue bonds and/or state service contract bonds] STATE-SUPPORTED DEBT
issued to refund such line of credit facility for so long as such [state
personal income tax revenue bonds and/or state service contract bonds]
STATE-SUPPORTED DEBT shall remain outstanding, including any state-sup-
ported debt issued to refund [such state personal income tax revenue
bonds and/or state service contract bonds] STATE-SUPPORTED DEBT ISSUED
TO REFINANCE ANY LINE OF CREDIT FACILITY. Any such line of credit facil-
ity, [including any extensions or renewals thereof, and any state
personal income tax revenue bonds and/or state service contract bonds]
AND, TO THE EXTENT APPLICABLE, ANY STATE-SUPPORTED DEBT issued to
[refund] REFINANCE such line of credit facilities shall be deemed to be
incurred or issued for (I) an authorized purpose within the meaning of
subdivision 2 of section 68-a of the state finance law FOR ALL PURPOSES
OF ARTICLE 5-C OF THE STATE FINANCE LAW AND SECTION 92-Z OF THE STATE
FINANCE LAW, AND/OR (II) AN AUTHORIZED PURPOSE WITHIN THE MEANING OF
SUBDIVISION 2 OF SECTION 69-M OF THE STATE FINANCE LAW FOR ALL PURPOSES
OF ARTICLE 5-F OF THE STATE FINANCE LAW AND SECTION 92-H OF THE STATE
FINANCE LAW, AS THE CASE MAY BE. As applicable, all of the provisions of
the state finance law, the dormitory authority act and the New York
state urban development corporation act relating to notes and bonds
which are not inconsistent with the provisions of this section shall
apply to any issuance of [state personal income tax revenue bonds and/or
state service contract bonds] STATE-SUPPORTED DEBT issued to refinance
any line of credit facility authorized by paragraph [(b)] (C) of this
subdivision. The issuance of any [state personal income tax revenue
bonds and/or state service contract bonds issued] STATE-SUPPORTED DEBT
to refinance any such line of credit facility shall further be subject
to the approval of the director of the division of the budget.
[(f) Any draws] (G) EACH DRAW on a line of credit facility authorized
by paragraph [(b)] (C) of this subdivision shall only be made [and] IF
S. 2505 121 A. 3005
the service contract OR OTHER AGREEMENT entered into in connection with
such line of credit [facilities shall only be executed and delivered to
the dormitory authority of the state of New York and/or the urban devel-
opment corporation if the legislature has enacted sufficient appropri-
ation authority to provide for the repayment of all amounts expected to
be drawn by the dormitory authority of the state of New York and/or the
urban development corporation under such line of credit facility during
fiscal year 2021] FACILITY IS SUPPORTED BY SUFFICIENT APPROPRIATION
AUTHORITY ENACTED BY THE LEGISLATURE TO REPAY THE AMOUNT OF THE DRAW,
TOGETHER WITH RELATED EXPENSES AND FEES TO BECOME DUE AND PAYABLE.
Amounts repaid under a line of credit facility [during fiscal year 2021]
may be re-borrowed [during such fiscal year] UNDER THE SAME OR ANOTHER
LINE OF CREDIT FACILITY AUTHORIZED BY PARAGRAPH (C) OF THIS SUBDIVISION
provided that the legislature has enacted sufficient appropriation
authority [to provide] THAT PROVIDES for the repayment of any such
re-borrowed amounts, TOGETHER WITH RELATED EXPENSES AND FEES TO BECOME
DUE AND PAYABLE. Neither the dormitory authority of the state of New
York nor the urban development corporation shall have any financial
liability for the repayment of draws under any line of credit facility
authorized by paragraph [(b)] (C) of this subdivision beyond the moneys
received for such purpose under [the] ANY service contract OR OTHER
AGREEMENT authorized by paragraph [(g)] (H) of this subdivision.
[(g)] (H) The director of the budget is authorized to enter into one
or more service contracts or other agreements, none of which shall
exceed 30 years in duration, with the dormitory authority of the state
of New York and/or the urban development corporation, upon such terms
and conditions as the director of the budget and dormitory authority of
the state of New York and/or the urban development corporation shall
agree. Any service contract or other [agreements] AGREEMENT entered into
pursuant to this paragraph shall provide for state commitments to
provide annually to the dormitory authority of the state of New York
and/or the urban development corporation a sum or sums, upon such terms
and conditions as shall be deemed appropriate by the director of the
budget and the dormitory authority of the state of New York and/or the
urban development corporation, to fund the payment of ALL amounts TO
BECOME due AND PAYABLE under any line of credit facility and, TO THE
EXTENT APPLICABLE any [state personal income tax revenue bonds and/or
state service contract bonds] STATE-SUPPORTED DEBT issued to refinance
ALL OR A PORTION OF THE AMOUNTS DRAWN AND REMAINING UNPAID, TOGETHER
WITH RELATED EXPENSES AND FEES TO BECOME DUE AND PAYABLE UNDER such line
of credit facility. Any such service contract or other [agreements]
AGREEMENT shall provide that the obligation of the director of the budg-
et or of the state to fund or to pay the amounts therein provided for
shall not constitute a debt of the state within the meaning of any
constitutional or statutory provision and shall be deemed executory only
to the extent moneys are available and that no liability shall be
incurred by the state beyond the moneys available for such purpose, and
that such obligation is subject to annual appropriation by the legisla-
ture.
[(h)] (I) Any service contract or other [agreements] AGREEMENT entered
into pursuant to paragraph [(g)] (H) of this subdivision or any payments
made or to be made thereunder may be assigned and pledged by the dormi-
tory authority of the state of New York and/or the urban development
corporation as security for any related payment obligation it may have
with one or more financial institutions in connection with a line of
credit facility authorized by paragraph [(b)] (C) of this subdivision.
S. 2505 122 A. 3005
[(i)] (J) In addition to the foregoing, the director of the budget,
the dormitory authority of the state of New York and the urban develop-
ment corporation shall each be authorized to enter into such other
agreements and to take or cause to be taken such additional actions as
are necessary or desirable to effectuate the purposes of the trans-
actions contemplated by a line of credit facility and the related
service contract OR OTHER AGREEMENT.
[(j)] (K) No later than seven days after a draw occurs on the line of
credit facility, the director of the budget shall provide notification
of such draw to the president pro tempore of the senate and the speaker
of the assembly.
[(k)] (L) The authorization, establishment and use by the dormitory
authority of the state of New York and the urban development corporation
of a line of credit facility authorized by paragraph [(b)] (C) of this
subdivision, and the execution, sale and issuance of [state personal
income tax revenue bonds and/or state service contract bonds] STATE-SUP-
PORTED DEBT to refinance any such line of credit facility shall not be
deemed an action, as such term is defined in article 8 of the environ-
mental conservation law, for the purposes of such article. Such
exemption shall be strictly limited in its application to such financing
activities of the dormitory authority of the state of New York and the
urban development corporation undertaken pursuant to this section and
does not exempt any other entity from compliance with such article.
[(l)] (M) Nothing contained in this section shall be construed to
limit the abilities of the director of the budget and the authorized
issuers of state-supported debt to perform their respective obligations
on existing service contracts or other agreements entered into prior to
April 1, [2020] 2021.
2. Effect of inconsistent provisions. Insofar as the provisions of
this section are inconsistent with the provisions of any other law,
general, special, or local, the provisions of this act shall be control-
ling.
3. Severability; construction. The provisions of this section shall be
severable, and if the application of any clause, sentence, paragraph,
subdivision, section or part of this section to any person or circum-
stance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not necessarily affect, impair or invali-
date the application of any such clause, sentence, paragraph, subdivi-
sion, section, part of this section or remainder thereof, as the case
may be, to any other person or circumstance, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered.
§ 48. Section 56 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 49-c of part JJ of chapter 56 of the laws of 2020, is
amended to read as follows:
§ 56. State-supported debt; [2021] 2022. 1. In light of the [signif-
icant] CONTINUING ADVERSE impact that the [global spread of the] COVID-
19 [coronavirus disease] PANDEMIC is [having and is] expected to
[continue to] have on the health and welfare of individuals in the state
as well as [on] TO the financial condition of the state DURING THE
STATE'S 2022 FISCAL YEAR, and notwithstanding any other provision of law
to the contrary, the dormitory authority of the state of New York and
the urban development corporation are each authorized to issue state-
supported debt pursuant to ARTICLE 5-B, article 5-C AND ARTICLE 5-F of
S. 2505 123 A. 3005
the state finance law to assist the state to manage its financing needs
during its [2021] 2022 fiscal year, without regard to any restrictions,
limitations and requirements contained in article 5-B of the state
finance law[, other than subdivision 4 of section 67-b of such article],
and such state-supported debt shall be deemed to be issued for (I) an
authorized purpose within the meaning of subdivision 2 of section 68-a
of the state finance law for all purposes of article 5-C of the state
finance law AND SECTION 92-Z OF THE STATE FINANCE LAW, OR (II) AN
AUTHORIZED PURPOSE WITHIN THE MEANING OF SUBDIVISION 2 OF SECTION 69-M
OF THE STATE FINANCE LAW FOR ALL PURPOSES OF ARTICLE 5-F OF THE STATE
FINANCE LAW AND SECTION 92-H OF THE STATE FINANCE LAW, AS THE CASE MAY
BE. Furthermore, any bonds issued directly by the state during the
state's [2021] 2022 fiscal year shall be issued without regard to any
restrictions, limitations and requirements contained in article 5-B of
the state finance law[, other than subdivision 4 of section 67-b of such
article]. For so long as any state-supported debt issued during the
state's [2021] 2022 fiscal year shall remain outstanding, including any
state-supported debt issued to refund state-supported debt issued during
such fiscal year, the restrictions, limitations and requirements
contained in article 5-B of the state finance law, [other than subdivi-
sion 4 of section 67-b of such article,] shall not apply.
2. Effect of inconsistent provisions. Insofar as the provisions of
this section are inconsistent with the provisions of any other law,
general, special, or local, the provisions of this act shall be control-
ling.
3. Severability; construction. The provisions of this section shall be
severable, and if the application of any clause, sentence, paragraph,
subdivision, section or part of this section to any person or circum-
stance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not necessarily affect, impair or invali-
date the application of any such clause, sentence, paragraph, subdivi-
sion, section, part of this section or remainder thereof, as the case
may be, to any other person or circumstance, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered.
§ 49. Section 3238-a of the public authorities law, as amended by
section 1 of part V of chapter 63 of the laws of 2003, is amended to
read as follows:
§ 3238-a. Payment to city of New York. 1. Notwithstanding any incon-
sistent provision of law, the corporation shall transfer to the city of
New York one hundred seventy million dollars from the resources of the
corporation pursuant to section thirty-two hundred thirty-nine of this
title[. Such payment]; PROVIDED, HOWEVER, THAT ON AND AFTER JULY FIRST,
TWO THOUSAND TWENTY, THE OBLIGATION OF THE CORPORATION TO MAKE SUCH
TRANSFER SHALL BE CONDITIONED ON ANY BONDS ISSUED BY THE SALES TAX ASSET
RECEIVABLES CORPORATION THAT ARE SECURED BY THE CORPORATION'S PAYMENTS
DESCRIBED IN THIS SUBDIVISION BEING OUTSTANDING IN ACCORDANCE WITH THE
TRUST INDENTURE UNDER WHICH THEY WERE ISSUED, WHILE ANY SUCH BONDS ARE
OUTSTANDING SUCH PAYMENTS shall be made during each city fiscal year.
Such payments from the corporation shall be made from the fund estab-
lished by section ninety-two-r of the state finance law and in accord-
ance with the provisions thereof.
2. The city of New York, acting by the mayor alone, may assign all or
any portion of such amount to any not-for-profit corporation incorpo-
rated pursuant to section fourteen hundred eleven of the not-for-profit
S. 2505 124 A. 3005
corporation law and, upon such assignment, the amount so assigned shall
be the property of such not-for-profit corporation for all purposes.
Following notice from the city of New York to the corporation and the
comptroller of such assignment, such payment shall be made directly to
the city's assignee. If such not-for-profit corporation issues bonds
and/or notes, the state does hereby pledge and agree with the holders of
any issue of bonds and/or notes secured by such a pledge that the state
will not limit or alter the rights vested in such not-for-profit corpo-
ration to fulfill the terms of any agreements made with such holders or
in any way impair the rights and remedies of such holders or the securi-
ty for such bonds and/or notes until such bonds and/or notes, together
with the interest thereon and all costs and expenses in connection with
any action or proceeding by or on behalf of such holders, are fully paid
and discharged. The foregoing pledge and agreement may be included in
any agreement with the holders of such bonds or notes. Nothing contained
in this section shall be deemed to restrict the right of the state to
amend, modify, repeal or otherwise alter statutes imposing or relating
to the taxes subject to such assignment, but such taxes shall in all
events continue to be so payable, as assigned, so long as any such taxes
are imposed.
3. THE STATE MAY, AT ANY TIME, PROVIDE PROCEEDS OF STATE SUPPORTED
DEBT, AS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE
STATE FINANCE LAW, OR OTHER AVAILABLE MONIES, TO THE TRUSTEE FOR THE
BONDS OF THE SALES TAX ASSET RECEIVABLE CORPORATION SECURED BY THE
CORPORATION'S PAYMENTS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION IN
AN AMOUNT SUFFICIENT TO FULLY PAY AND DISCHARGE SUCH BONDS BY MEANS OF A
LEGAL DEFEASANCE OF ALL SUCH OUTSTANDING BONDS IN ACCORDANCE WITH THE
TRUST INDENTURE UNDER WHICH THEY WERE ISSUED. UPON ANY SUCH LEGAL DEFEA-
SANCE OF SUCH BONDS, THE CORPORATION'S OBLIGATION CONTAINED IN SUBDIVI-
SION ONE OF THIS SECTION TO TRANSFER FUNDS TO THE CITY OF NEW YORK SHALL
BE DEEMED SATISFIED AND FULLY DISCHARGED.
4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK AND THE NEW YORK STATE URBAN DEVELOP-
MENT CORPORATION ARE HEREBY AUTHORIZED TO ISSUE BONDS IN ONE OR MORE
SERIES PURSUANT TO ARTICLE FIVE-C OR ARTICLE FIVE-F OF THE STATE FINANCE
LAW IN AN AGGREGATE PRINCIPAL AMOUNT SUFFICIENT TO (I) FINANCE THE LEGAL
DEFEASANCE OF ALL OF THE OUTSTANDING BONDS OF THE SALES TAX ASSET
RECEIVABLE CORPORATION SECURED BY THE CORPORATION'S PAYMENTS DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION, (II) ONE OR MORE RELATED DEBT
SERVICE RESERVE FUNDS, AND (III) COSTS OF ISSUANCE ATTRIBUTABLE TO SUCH
BONDS, AND THE ISSUANCE OF SUCH BONDS IS HEREBY DETERMINED TO BE FOR AN
"AUTHORIZED PURPOSE", AS DEFINED IN SUBDIVISION TWO OF SECTION SIXTY-
EIGHT-A AND SUBDIVISION TWO OF SECTION SIXTY-NINE-M OF THE STATE FINANCE
LAW, AS THE CASE MAY BE.
§ 50. Paragraph a of subdivision 5 of section 89-b of the state
finance law, as amended by section 11 of part C of chapter 57 of the
laws of 2014, is amended to read as follows:
a. Moneys in the dedicated highway and bridge trust fund shall,
following appropriation by the legislature, be utilized for: recon-
struction, replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village roads, highways,
parkways, and bridges thereon, to restore such facilities to their
intended functions; construction, reconstruction, enhancement and
improvement of state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for traffic mitigation activities; aviation
S. 2505 125 A. 3005
projects authorized pursuant to section fourteen-j of the transportation
law and for payments to the general debt service fund of amounts equal
to amounts required for service contract payments related to aviation
projects as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged in transportation construction and recon-
struction projects, including a revolving fund for working capital
loans, and a bonding guarantee assistance program in accordance with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion of real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and bridges meet or
exceed their optimum useful life; expenses of control of snow and ice on
state highways by the department of transportation including but not
limited to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred forty-nine of
the highway law; personal services, nonpersonal services, and fringe
benefit costs of the department of transportation for bus safety
inspection activities, rail safety inspection activities, and truck
safety inspection activities; costs of the department of motor vehicles,
including but not limited to personal and nonpersonal services; costs of
engineering and administrative services of the department of transporta-
tion, including but not limited to fringe benefits; the contract
services provided by private firms in accordance with section fourteen
of the transportation law; personal services and nonpersonal services,
for activities including but not limited to the preparation of designs,
plans, specifications and estimates; construction management and super-
vision activities; costs of appraisals, surveys, testing and environ-
mental impact statements for transportation projects; expenses in
connection with buildings, equipment, materials and facilities used or
useful in connection with the maintenance, operation, and repair of
highways, parkways and bridges thereon; and project costs for:
construction, reconstruction, improvement, reconditioning and preserva-
tion of rail freight facilities and intercity rail passenger facilities
and equipment; construction, reconstruction, improvement, reconditioning
and preservation of state, municipal and privately owned ports;
construction, reconstruction, improvement, reconditioning and preserva-
tion of municipal airports; privately owned airports and aviation capi-
tal facilities, excluding airports operated by the state or operated by
a bi-state municipal corporate instrumentality for which federal funding
is not available provided the project is consistent with an approved
airport layout plan; and construction, reconstruction, enhancement,
improvement, replacement, reconditioning, restoration, rehabilitation
and preservation of state, county, town, city and village roads, high-
ways, parkways and bridges; and construction, reconstruction, improve-
ment, reconditioning and preservation of fixed ferry facilities of
municipal and privately owned ferry lines for transportation purposes,
and the payment of debt service required on any bonds, notes or other
obligations and related expenses for highway, parkway, bridge and
project costs for: construction, reconstruction, improvement, recondi-
tioning and preservation of rail freight facilities and intercity rail
S. 2505 126 A. 3005
passenger facilities and equipment; construction, reconstruction,
improvement, reconditioning and preservation of state, municipal and
privately owned ports; construction, reconstruction, improvement, recon-
ditioning and preservation of municipal airports; privately owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate instrumentality
for which federal funding is not available provided the project is
consistent with an approved airport layout plan; construction, recon-
struction, enhancement, improvement, replacement, reconditioning, resto-
ration, rehabilitation and preservation of state, county, town, city and
village roads, highways, parkways and bridges; and construction, recon-
struction, improvement, reconditioning and preservation of fixed ferry
facilities of municipal and privately owned ferry lines for transporta-
tion purposes, purposes authorized on or after the effective date of
this section. Beginning with disbursements made on and after the first
day of April, nineteen hundred ninety-three, moneys in such fund shall
be available to pay such costs or expenses made pursuant to appropri-
ations or reappropriations made during the state fiscal year which began
on the first of April, nineteen hundred ninety-two. Beginning the first
day of April, nineteen hundred ninety-three, moneys in such fund shall
also be used for transfers to the general debt service fund and the
[revenue bond tax] GENERAL fund of amounts equal to that respectively
required for service contract and financing agreement payments as
provided and authorized by section three hundred eighty of the public
authorities law, section eleven of chapter three hundred twenty-nine of
the laws of nineteen hundred ninety-one, as amended, and sections
sixty-eight-c and sixty-nine-o of this chapter.
§ 51. Paragraph c of subdivision 5 of section 89-b of the state
finance law is REPEALED.
§ 52. Subdivision 5 of section 97-f of the state finance law, as
amended by section 49 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
5. The comptroller shall from time to time, but in no event later than
the fifteenth day of each month, pay over for deposit in the mental
hygiene general fund state operations account, INCLUDING MONEYS PURSUANT
TO SUBDIVISION EIGHT OF THIS SECTION, all moneys in the mental health
services fund in excess of the amount of money required to be maintained
on deposit in the mental health services fund. Subject to subdivision
nine of this section, the amount required to be maintained in such fund
shall be (i) twenty percent of the amount of the next payment coming due
relating to the mental health services facilities improvement program
under any agreement between the facilities development corporation and
the New York state medical care facilities finance agency multiplied by
the number of months from the date of the last such payment with respect
to payments under any such agreement required to be made semi-annually,
plus (ii) those amounts specified in any such agreement with respect to
payments required to be made other than semi-annually, including for
variable rate bonds, interest rate exchange or similar agreements or
other financing arrangements permitted by law. Concurrently with the
making of any such payment, the facilities development corporation shall
deliver to the comptroller, the director of the budget and the New York
state medical care facilities finance agency a certificate stating the
aggregate amount to be maintained on deposit in the mental health
services fund to comply in full with the provisions of this subdivision.
S. 2505 127 A. 3005
§ 53. Subdivision 8 of section 97-f of the state finance law, as
amended by section 49 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
8. [In addition to the amounts required to be maintained on deposit in
the mental health services fund pursuant to subdivision five of this
section and subject to subdivision nine of this section, the fund shall
maintain on deposit an amount equal to the debt service and other cash
requirements on mental health services facilities bonds issued by
authorized issuers pursuant to sections sixty-eight-b and sixty-nine-n
of this chapter. The amount required to be maintained in such fund shall
be (i) twenty percent of the amount of the next payment coming due
relating to mental health services facilities bonds issued by an author-
ized issuer multiplied by the number of months from the date of the last
such payment with respect to payments required to be made semi-annually,
plus (ii) those amounts specified in any financing agreement between the
issuer and the state, acting through the director of the budget, with
respect to payments required to be made other than semi-annually,
including for variable rate bonds, interest rate exchange or similar
agreements or other financing arrangements permitted by law. Concur-
rently with the making of any such payment, the facilities development
corporation shall deliver to the comptroller, the director of the budget
and the New York state medical care facilities finance agency a certif-
icate stating the aggregate amount to be maintained on deposit in the
mental health services fund to comply in full with the provisions of
this subdivision.
No later than five days prior to the payment to be made by the state
comptroller on such mental health services facilities bonds pursuant to
sections ninety-two-z and ninety-two-h of this article, the] THE amount
of [such] payment ON SUCH MENTAL HEALTH SERVICES FACILITIES BONDS PURSU-
ANT TO SECTIONS NINETY-TWO-Z AND NINETY-TWO-H OF THIS ARTICLE, shall be
transferred by the state comptroller from the mental health services
fund to the [revenue bond tax fund established by section ninety-two-z
of this article and the sales tax revenue bond fund established by
section ninety-two-h of this article] MENTAL HYGIENE GENERAL FUND STATE
OPERATION ACCOUNT. The accumulation of moneys pursuant to this subdivi-
sion and subsequent transfer to the [revenue bond tax fund and the sales
tax revenue bond fund] MENTAL HYGIENE GENERAL FUND STATE OPERATION
ACCOUNT shall be subordinate in all respects to payments to be made to
the New York state medical care facilities finance agency and to any
pledge or assignment pursuant to subdivision six of this section.
§ 54. Subdivision 9 of section 97-f of the state finance law, as added
by section 49 of part TTT of chapter 59 of the laws of 2019, is amended
to read as follows:
9. In determining the amounts required to be maintained in the mental
health services fund under [subdivisions] SUBDIVISION five [and eight]
of this section in each month, the amount of receipts associated with
loans, leases and other agreements with voluntary agencies accumulated
and set aside in the mental hygiene facilities improvement fund income
account under paragraph g of subdivision three of section nine of the
facilities development corporation act shall be taken into account as a
credit but only if such crediting does not result in the amounts
required to be maintained in the mental health services fund exclusive
of any credit to be less than the amount required under subdivision five
of this section in each month.
§ 55. Subdivision (j) of section 92-dd of the state finance law is
REPEALED.
S. 2505 128 A. 3005
§ 56. Subdivision 3-a of section 2872 of the public health law is
REPEALED and a new subdivision 3-a is added to read as follows:
3-A. "SECURED HOSPITAL PROJECT BONDS" SHALL MEAN OUTSTANDING BONDS
ISSUED ON BEHALF OF A NOT-FOR-PROFIT HOSPITAL CORPORATION ORGANIZED
UNDER THE LAWS OF THIS STATE, WHICH HOSPITAL HAS PREVIOUSLY BEEN DESIG-
NATED BY THE COMMISSIONER AND THE PUBLIC HEALTH COUNCIL TO BE ELIGIBLE
TO RECEIVE DISTRIBUTIONS FROM THE REIMBURSEMENT POOLS ESTABLISHED PURSU-
ANT TO PARAGRAPH (C) OF SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED
SEVEN-A OF THIS CHAPTER, OR ANY SUCCESSOR POOL OR POOLS ESTABLISHED TO
SERVE A SUBSTANTIALLY SIMILAR PURPOSE TO SUCH POOLS.
§ 57. Section 2874 of the public health law is amended by adding a new
subdivision 5 to read as follows:
5. THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND THE NEW YORK
STATE URBAN DEVELOPMENT CORPORATION ARE EACH HEREBY AUTHORIZED TO ISSUE
BONDS IN ONE OR MORE SERIES PURSUANT TO ARTICLE 5-C OR ARTICLE 5-F OF
THE STATE FINANCE LAW FOR THE PURPOSE OF REFUNDING OUTSTANDING SECURED
HOSPITAL PROJECT BONDS, AS DEFINED IN SUBDIVISION THREE-A OF SECTION
TWENTY-EIGHT HUNDRED SEVENTY-TWO OF THIS ARTICLE, AND TO FINANCE ONE OR
MORE RELATED DEBT SERVICE RESERVE FUNDS AND TO PAY COSTS OF ISSUANCE
ATTRIBUTABLE TO SUCH REFUNDING BONDS. THE USE OF ALL SAVINGS RESULTING
FROM THE REFUNDING OF ANY OUTSTANDING SECURED HOSPITAL PROJECT BONDS,
INCLUDING ORIGINAL ISSUE PREMIUM, SHALL BE DETERMINED BY THE DIRECTOR OF
THE BUDGET.
§ 58. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021; 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, and twenty-two of this act
shall expire March 31, 2022 when upon such date the provisions of such
sections shall be deemed repealed; and provided further that section
forty-six of this act shall be deemed to have been in full force and
effect on and after April 1, 2020; and provided further that the amend-
ments to section 3238-a of the public authorities law made by section
forty-nine of this act shall be subject to the repeal of such section
and shall expire and be deemed repealed therewith.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through QQ of this act shall be
as specifically set forth in the last section of such Parts.
A3005A - Details
- See Senate Version of this Bill:
- S2505
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
A3005A - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2021-2022 state fiscal year; relates to various criminal justice and public safety programs (Part A); relates to the administration of certain grant funds to and by the office for the prevention of domestic violence (Part B); provides for compliance with executive order two hundred three (Part L)… (view more) relates to the closure of correctional facilities (Part M); extends the authorization of the recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia (Part P); enacts the "New York Medical Supplies Act" (Part BB); relates to bonds, notes, and revenues (Part RR); relates to the procurement process and procurement contracts (Part SS); provides for compensation, benefits and other terms and conditions of employment of members of the agency police services unit; implements an agreement or interest arbitration award between the state and the employee organization representing the members of the agency police services unit; makes an appropriation for the purpose of effectuating certain provisions thereof (Part VV); authorizes an exemption for class one capital improvements to residential buildings and certain new construction in a special assessing unit that is not a city (Part WW); relates to funding of local government entities by the urban development corporation, and to the effectiveness of such provisions related to certain local governments (Part XX); extends the authorization of provisions regarding procurements by the New York city transit authority and metropolitan transportation authority (Part YY); establishes a deer hunting pilot program (Part ZZ); authorizes the grant of certain easements to Alle-Catt Wind Energy LLC on a proportion of real property within the Farmersville State Forest, Swift Hill State Forest, and Lost Nation State Forest (Part AAA); makes technical amendments related to the office of renewable energy siting; establishes the farmland protection working group (Part BBB); relates to infrastructure projects relating to clean vehicle projects (Part CCC); relates to the clean energy resources development and incentives program (Part DDD).
A3005A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2505--A A. 3005--A
S E N A T E - A S S E M B L Y
January 20, 2021
___________
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 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
division of parole into the department of corrections and community
supervision, in relation to the effectiveness thereof; to amend chap-
ter 55 of the laws of 1992, amending the tax law and other laws relat-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12570-02-1
S. 2505--A 2 A. 3005--A
ing to taxes, surcharges, fees and funding, in relation to extending
the expiration of certain provisions of such chapter; 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 the pre-criminal
proceeding settlements in the City of New York, in relation to the
effectiveness thereof (Part A); to amend the executive law, the crimi-
nal procedure law, the domestic relations law, the family court act,
the general business law, the insurance law, the labor law, the public
S. 2505--A 3 A. 3005--A
health law, the social services law, and the state finance law, in
relation to establishing the New York state office to end domestic and
gender-based violence (Part B); to amend the penal law, in relation to
establishing the crime of domestic violence (Part C); to amend the
family court act, the criminal procedure law, and the domestic
relations law, in relation to authorizing the court to require a
person subject to an order of protection to pay reasonable costs for
repairing damages caused by that person to the premises of a person
protected by such order (Part D); to amend the judiciary law and the
executive law, in relation to reports of domestic violence data (Part
E); to amend the domestic relations law, in relation to the custody of
children (Part F); Intentionally omitted (Part G); to amend the family
court act and the education law, in relation to removing the term
incorrigible (Part H); to amend the election law, in relation to
authorizing judges and their immediate family members to apply for
confidentiality of voter registration records (Part I); to amend the
criminal procedure law, in relation to the electronic appearance of a
defendant (Part J); to amend the executive law, the criminal procedure
law, the general municipal law, the public authorities law and the
civil service law, in relation to police officers; and to repeal
certain provisions of the executive law and the civil service law,
relating thereto (Part K); to amend the executive law, in relation to
monitoring compliance with executive order two hundred three (Part L);
in relation to the closure of correctional facilities; and providing
for the repeal of such provisions upon the expiration thereof (Part
M); to amend the penal law, in relation to the purchase and disposal
of firearms, rifles and shotguns (Part N); to amend the executive law,
in relation to the reporting of firearms seized or recovered by law
enforcement (Part O); to amend chapter 268 of the laws of 1996, amend-
ing the education law and the state finance law relating to providing
a recruitment incentive and retention program for certain active
members of the New York army national guard, New York air national
guard, and New York naval militia, in relation to the effectiveness of
such chapter (Part P); to amend election law, in relation to expanding
the application period for an absentee ballot request (Part Q); to
amend the election law, in relation to establishing a deadline for
county boards to process and mail requested absentee ballots (Part R);
to amend the election law, in relation to expanding polling site hours
of operation during early voting (Part S); to amend the election law,
in relation to expediting the absentee ballot counting process (Part
T); to amend the election law, in relation to establishing a uniform
process to ensure the timely administration of recounts (Part U); to
amend the workers' compensation law, in relation to allowing the New
York state insurance fund to enter into agreements with private insur-
ance providers to cover out-of-state work (Part V); to amend the work-
ers' compensation law and the insurance law, in relation to diversify-
ing the New York state insurance fund's investment authority (Part W);
to amend the workers' compensation law and the insurance law, in
relation to specifying methods of calculating deposits and reserves
for the aggregate trust fund and reserves of the state insurance fund
(Part X); to amend the alcoholic beverage control law, in relation to
temporary permits; to amend chapter 396 of the laws of 2010, relating
to liquidator's permits and temporary retail permits, in relation to
the effectiveness thereof; and to repeal certain provisions of such
law relating thereto (Part Y); to amend the alcoholic beverage control
law, in relation to allowing food that is typically found in a motion
S. 2505--A 4 A. 3005--A
picture theatre to be deemed in compliance with food requirements to
serve alcoholic beverages (Part Z); to amend the civil practice law
and rules and the state finance law, in relation to the rate of inter-
est to be paid on judgment and accrued claims (Part AA); to amend the
state finance law and the public authorities law, in relation to
enacting the "New York medical supplies act" (Part BB); to amend the
civil service law, in relation to ceasing reimbursement of the Medi-
care income related monthly adjustment amounts (IRMAA) to high income
state retirees (Part CC); 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 DD); to
amend the civil service law, in relation to capping the standard medi-
care premium charge (Part EE); to amend the state technology law and
the state finance law, in relation to authorizing comprehensive tech-
nology service contracts (Part FF); to amend the state finance law, in
relation to posting the names of individuals who are authorized to
sign state contracts and eliminating unfavorable terms in state
contracts (Part GG); to amend the public officers law, in relation to
allowing the exchange of any record or personal information between
and among agencies of the state (Part HH); to amend the general busi-
ness law, in relation to enacting the "New York data accountability
and transparency act" (Part II); to amend the general business law, in
relation to disclosures for the use of voice recognition features in
internet-capable devices (Part JJ); to amend the state finance law, in
relation to video lottery terminal aid (Part KK); to amend the state
finance law and the tax law, in relation to reducing aid and incen-
tives for municipalities base level grants (Part LL); to amend the
general municipal law, in relation to authorized investments for local
governments (Part MM); to amend the general municipal law, in relation
to enhancing flexibility within the county-wide shared services initi-
ative; and to repeal certain provisions of the general municipal law
relating thereto (Part NN); to amend chapter 308 of the laws of 2012,
amending the general municipal law relating to providing local govern-
ments greater contract flexibility and cost savings by permitting
certain shared purchasing among political subdivisions, in relation to
the effectiveness thereof (Part OO); to amend the county law, the
correction law, the executive law, the judiciary law, the criminal
procedure law and the education law, in relation to authorizing shared
county jails (Part PP); to provide for the administration of certain
funds and accounts related to the 2021-2022 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 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
medical care facilities finance agency act, in relation to the issu-
ance 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
S. 2505--A 5 A. 3005--A
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 issu-
ance of certain bonds or notes; to amend the private housing finance
law, in relation to housing program bonds and notes; to amend the New
York state urban development corporation act, in relation to authoriz-
ing the dormitory authority of the state of New York and the urban
development corporation to enter into line of credit facilities, and
in relation to state-supported debt issued during the 2022 fiscal
year; to amend the state finance law, in relation to payments of
bonds; to amend the state finance law, in relation to the mental
health services fund; to amend the public health law, in relation to
secured hospital project bonds; to repeal paragraph c of subdivision 5
of section 89-b of the state finance law relating to the dedicated
highway and bridge trust fund; to repeal subdivision (j) of section
92-dd of the state finance law relating to the HCRA resources fund; to
repeal subdivision 3-a of the public health law relating to eligible
secured hospital borrower; and providing for the repeal of certain
provisions upon expiration thereof (Part QQ); to amend chapter 83 of
the laws of 1995 amending the state finance law and other laws relat-
ing to bonds, notes and revenues, in relation to the effectiveness of
certain provisions thereof (Part RR); to amend chapter 1 of the laws
of 2005, amending the state finance law relating to restricting
contacts in the procurement process and the recording of contacts
relating thereto, in relation to the effectiveness thereof; and to
amend the state finance law, in relation to procurement contracts
(Part SS); to amend the civil service law, in relation to authorizing
the president of the civil service commission to establish an amnesty
period to identify dependents who are ineligible for health benefits
(Part TT); and to amend the state finance law, in relation to creating
the COVID-19 extraordinary relief fund (Part UU)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state public protection and general govern-
ment budget for the 2021-2022 state fiscal year. Each component is whol-
ly contained within a Part identified as Parts A through UU. The effec-
tive date for each particular provision contained within such Part is
set forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part A of chapter 55 of the laws of 2020, is
amended to read as follows:
S. 2505--A 6 A. 3005--A
§ 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,
[2021] 2023.
§ 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 A of chapter 55 of the laws of 2020, 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, [2021] 2023, 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 A of chapter 55 of the laws of 2020, 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, [2021] 2023.
§ 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 A of chapter 55 of the laws of 2020, 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, [2021] 2023 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 A of chapter 55 of the laws
of 2020, 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, [2021] 2023 and be applicable
to all persons entering the program on or before August 31, [2021] 2023.
§ 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 A of chapter 55 of
the laws of 2020, 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, [2021] 2023, and
provided further that the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
S. 2505--A 7 A. 3005--A
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 A of chapter 55
of the laws of 2020, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2021] 2023; 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 A of chapter 55 of the laws of
2020, 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, [2021] 2023, 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 A of chapter 55 of the laws
of 2020, 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, [2021] 2023, 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 A of chapter 55 of
the laws of 2020, 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, [2021] 2023;
§ 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
S. 2505--A 8 A. 3005--A
and incarceration programs, as amended by section 11 of part A of chap-
ter 55 of the laws of 2020, 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, [2021] 2023 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 A of chapter 55 of the laws of 2020, 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, [2021] 2023, 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, [2021] 2023 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
S. 2505--A 9 A. 3005--A
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
§ 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 13 of part A of chapter 55 of the laws of 2020, 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-one]
TWENTY-THREE.
§ 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 A of chapter 55 of the laws of 2020, 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,
[2021] 2023 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 A of chapter 55 of the
laws of 2020, 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, [2021] 2023;
§ 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 A of chap-
ter 55 of the laws of 2020, 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, [2021]
2023, 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 A of chapter 55 of the
laws of 2020, 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, [2021]
2023.
S. 2505--A 10 A. 3005--A
§ 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 A of chapter 55 of the laws of 2020, 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, [2021] 2023, 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 A of chapter 55 of the laws of 2020, 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, [2021] 2023;
§ 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 A of chapter 55 of the laws
of 2020, 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, [2021] 2023 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 A of chapter 55 of the
laws of 2020, 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, [2021] 2023, 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.
S. 2505--A 11 A. 3005--A
§ 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 A of chapter
55 of the laws of 2020, 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, [2021] 2023.
§ 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 A of chapter 55 of the laws of 2020, 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,
[2021] 2023.
§ 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 A of
chapter 55 of the laws of 2020, is amended to read as follows:
§ 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2021] 2023, 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 A of
chapter 55 of the laws of 2020, is amended to read as follows:
§ 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2021] 2023, 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, 2021.
PART B
Section 1. The article heading of article 21 of the executive law, as
added by chapter 463 of the laws of 1992, is amended to read as follows:
ARTICLE 21
NEW YORK STATE OFFICE [FOR
THE PREVENTION OF] TO END
DOMESTIC AND GENDER-BASED VIOLENCE
§ 2. Section 575 of the executive law, as added by chapter 463 of the
laws of 1992, paragraph (e) of subdivision 3 as amended and subdivision
9 as added by chapter 368 of the laws of 1997, paragraph (l) of subdivi-
S. 2505--A 12 A. 3005--A
sion 3 as added by chapter 339 of the laws of 2011, paragraph (m) of
subdivision 3 as added, paragraph (n) of subdivision 3 as relettered,
and paragraph (b) of subdivision 4 as amended by chapter 204 of the laws
of 2020, subdivision 4 as amended by section 1 and subdivision 10 as
added by section 3 of part A of chapter 491 of the laws of 2012, subdi-
visions 7 and 8 as added by chapter 396 of the laws of 1994, and para-
graph (d) of subdivision 10 as amended by chapter 248 of the laws of
2017, is amended to read as follows:
§ 575. New York state office [for the prevention of] TO END domestic
AND GENDER-BASED violence. 1. Establishment of office. There is hereby
established within the executive department the "New York state office
[for the prevention of] TO END domestic AND GENDER-BASED violence",
hereinafter in this section referred to as the "office".
2. Duties and responsibilities. The office shall advise the governor
and the legislature on the most effective ways for state government to
respond to the problem of domestic AND GENDER-BASED violence. In
fulfilling this responsibility, the office shall consult with experts,
service providers and representative organizations in the field of
domestic AND GENDER-BASED violence and shall act as an advocate for
domestic AND GENDER-BASED violence victims and SURVIVOR-CENTERED
programs.
3. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "DOMESTIC VIOLENCE" MEANS A PATTERN OF BEHAVIOR USED BY AN INDI-
VIDUAL TO ESTABLISH AND MAINTAIN POWER AND CONTROL OVER THEIR INTIMATE
PARTNER. SUCH BEHAVIOR INCLUDES ABUSIVE AND COERCIVE TACTICS, THREATS
AND ACTIONS THAT MAY OR MAY NOT RISE TO THE LEVEL OF CRIMINAL BEHAVIOR,
INCLUDING, BUT NOT LIMITED TO, PHYSICAL, EMOTIONAL, FINANCIAL, AND SEXU-
AL ABUSE.
(B) "GENDER-BASED VIOLENCE" MEANS THREATS TO HARM, OR ACTUAL HARMS
COMMITTED AGAINST A PERSON OR PERSONS BASED ON ACTUAL OR PERCEIVED SEX,
GENDER, SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION OR OTHER SUCH
SEX/GENDER RELATED CHARACTERISTICS. "GENDER-BASED VIOLENCE" SHALL
INCLUDE, BUT NOT BE LIMITED TO, DOMESTIC VIOLENCE; SEXUAL VIOLENCE;
HUMAN TRAFFICKING; REPRODUCTIVE COERCION AND VIOLENCE; STALKING; AND
CHILD-ABUSE AS CONNECTED TO GENDER-BASED VIOLENCE. "GENDER-BASED
VIOLENCE" SHALL NOT INCLUDE ACTIONS TAKEN BY A PERSON IN SELF-DEFENSE
AGAINST AN ACT OR SERIES OF ACTS OF GENDER-BASED VIOLENCE.
4. Activities. In addition, the office shall develop and implement
policies and programs designed to assist victims of domestic AND
GENDER-BASED violence and their families, and to provide education and
prevention, training and technical assistance. Such domestic AND
GENDER-BASED violence-related activities shall include, but not be
limited to:
(a) Serving as a clearinghouse for information and materials;
(b) Developing and coordinating community outreach and public educa-
tion throughout the state;
(c) Developing and delivering training to professionals, including but
not limited to professionals in the fields of:
(i) domestic AND GENDER-BASED violence;
(ii) health and mental health;
(iii) social and human services;
(iv) public education;
(v) law enforcement and criminal justice;
(vi) alcohol and substance abuse[.];
(d) Developing and promoting school-based prevention programs;
S. 2505--A 13 A. 3005--A
(e) Providing technical assistance to state and local government
bodies and other agencies and to private BUSINESSES AND not-for-profit
corporations, on effective SURVIVOR-CENTERED policies and responses to
domestic AND GENDER-BASED violence, including development of [a] model
[domestic violence] policies[, pursuant to subdivisions seven, eight and
nine of this section];
(f) Promoting and facilitating interagency cooperation among state
agencies and intergovernmental cooperation between different levels of
government in the state in the delivery and/or funding of SURVIVOR-CEN-
TERED services;
(g) Operating, IN COLLABORATION WITH SURVIVORS, STATE COALITIONS, AND
OTHER STAKEHOLDERS, as an advocate for [domestic violence services and]
victims AND FOR SURVIVOR-CENTERED DOMESTIC AND GENDER-BASED VIOLENCE
SERVICES, INCLUDING PERIODIC SOLICITATION OF INPUT FROM SURVIVORS AND
SERVICE PROVIDERS REGARDING SUCCESSES, CHALLENGES, AND NEEDS;
(h) Undertaking program and services needs assessments on its own
initiative or at the request of the governor, the legislature or service
providers;
(i) Examining the relationship between domestic AND GENDER-BASED
violence and other problems and making recommendations for effective
policy response;
(j) Collecting data, conducting research, and holding public hearings;
(k) Making periodic reports to the governor and the legislature recom-
mending policy and program directions and reviewing the activities of
the office;
(l) [Developing] WORKING WITH STAKEHOLDERS IN DEVELOPING and promoting
[senior center based] GENDER-BASED VIOLENCE prevention programs;
(m) [promoting best practices for abusive partner intervention] INVES-
TIGATING, ESTABLISHING AND PROMOTING BEST PRACTICES FOR ACCOUNTABILITY
FOR THOSE WHO HARM THEIR INTIMATE PARTNERS;
(n) ADMINISTERING GRANT FUNDS APPROPRIATED AND MADE AVAILABLE TO
SUPPORT COMPLIANCE WITH ARTICLE ONE HUNDRED TWENTY-NINE-B OF THE EDUCA-
TION LAW; AND UNDERTAKING SUCH ACTIONS, DUTIES, AND RESPONSIBILITIES AS
MAY BE NECESSARY TO SERVE THE PURPOSE OF ARTICLE ONE HUNDRED TWENTY-
NINE-B OF THE EDUCATION LAW;
(O) Any other activities including the making of and promulgation of
rules and regulations deemed necessary to [facilitate the prevention of]
END domestic AND GENDER-BASED violence within the scope and purview of
this article which are not otherwise inconsistent with any other
provisions of law.
[4.] 5. Advisory council. (a) An advisory council is hereby estab-
lished to make recommendations on domestic AND GENDER-BASED violence
related issues and effective strategies [for the prevention of] TO END
domestic AND GENDER-BASED violence, to assist in the development of
appropriate policies and priorities for effective intervention, public
education and advocacy, and to facilitate and assure communication and
coordination of efforts among state agencies and between different
levels of government, state, federal, and municipal, [for the prevention
of] TO END domestic AND GENDER-BASED violence.
(b) The advisory council shall consist of nine members and seventeen
ex-officio members. Each member shall be appointed to serve for a term
of three years and shall continue in office until a successor appointed
member is made. A member appointed to fill a vacancy shall be appointed
for the unexpired term of the member he or she is to succeed. All of the
members shall be individuals with expertise in the area of domestic AND
GENDER-BASED violence. Three members shall be appointed by the governor,
S. 2505--A 14 A. 3005--A
two members shall be appointed upon the recommendation of the temporary
president of the senate, two members shall be appointed upon the recom-
mendation of the speaker of the assembly, one member shall be appointed
upon the recommendation of the minority leader of the senate, and one
member shall be appointed upon the recommendation of the minority leader
of the assembly. The ex-officio members of the advisory board shall
consist of the director of the office, who shall chair the council, and
the following members or their designees: the commissioner of the office
of temporary and disability assistance; the commissioner of the depart-
ment of health; the commissioner of the education department; the
commissioner of the office of mental health; the commissioner of the
office of [alcoholism and substance abuse] ADDICTION services AND
SUPPORTS; the commissioner of the division of criminal justice services;
the superintendent of the division of state police; the director of the
office of probation and correctional alternatives; the commissioner of
the office of children and family services; the director of the office
of victim services; the chief administrative judge of the office of
court administration; the commissioner of the department of labor; the
director of the state office for the aging; the commissioner of the
department of corrections and community supervision; the commissioner of
homes and community renewal; the chief executive officer of the New York
state coalition against domestic violence; and the executive director of
the New York state coalition against sexual assault.
(c) The advisory council shall meet as often as deemed necessary by
the chair but in no event less than two times per year.
(d) The members of the advisory council shall receive no salary or
other compensation for their services but shall be entitled to
reimbursement for actual and necessary expenses incurred in the perform-
ance of their duties within amounts made available by appropriation
therefor subject to the approval of the director of the budget. The
ex-officio members of the advisory council shall receive no additional
compensation for their services on the advisory council above the salary
they receive from the respective departments or divisions that employ
them.
[5.] 6. Executive director. (a) The governor shall appoint an execu-
tive director of the office who shall serve at the pleasure of the
governor.
(b) The executive director shall receive an annual salary fixed by the
governor within the amounts appropriated specifically therefor and shall
be entitled to reimbursement for reasonable expenses incurred in
connection with the performance of the director's duties.
(c) THE DIRECTOR OF THE OFFICE, WITH THE APPROVAL OF THE GOVERNOR, MAY
ACCEPT AS AGENT OF THE STATE ANY GRANT, INCLUDING FEDERAL GRANTS, OR ANY
GIFT OR DONATION FOR ANY OF THE PURPOSES OF THIS ARTICLE. ANY MONEYS SO
RECEIVED MAY BE EXPENDED BY THE OFFICE TO EFFECTUATE ANY PURPOSE OF THIS
ARTICLE, SUBJECT TO THE APPLICABLE PROVISIONS OF THE STATE FINANCE LAW.
(D) The executive director shall appoint staff and perform such other
functions to ensure the efficient operation of the office.
[6.] 7. Assistance of other agencies. The office may request and shall
receive in a timely manner from any department, division, board, bureau,
commission or agency of the state, such information and assistance as
shall enable it to properly carry out its powers and duties pursuant to
this article.
[7. Model domestic violence policy for counties. (a) The office shall
convene a task force of county level municipal officials, municipal
police and members of the judiciary, or their representatives, and
S. 2505--A 15 A. 3005--A
directors of domestic violence programs, including representatives from
a statewide advocacy organization for the prevention of domestic
violence, to develop a model domestic violence policy for counties. For
the purposes of this subdivision, "county" shall have the same meaning
as such term is defined in section three of the county law, except that
the city of New York shall be deemed to be one county. The office shall
give due consideration to the recommendations of the governor, the
temporary president of the senate and the speaker of the assembly for
participation by any person on the task force, and shall make reasonable
efforts to assure regional balance in membership.
(b) The purpose of the model policy shall be to provide consistency
and coordination by and between county agencies and departments, includ-
ing criminal justice agencies and the judiciary, and, as appropriate, by
municipalities or other jurisdictions within the county and other
governmental agencies and departments, by assuring that best practices,
policies, protocols and procedures are used to address the issue of
domestic violence, and to secure the safety of the victim including, but
not limited to:
(i) response, investigation and arrest policies by police agencies;
(ii) response by other criminal justice agencies, including disposi-
tion of domestic violence complaints, the provision of information and
orders of protection;
(iii) response by human services and health agencies, including iden-
tification, assessment, intervention and referral policies and responses
to victims and the perpetrators of domestic violence;
(iv) training and appropriate and relevant measures for periodic eval-
uation of community efforts; and
(v) other issues as shall be appropriate and relevant for the task
force to develop such policy.
(c) Such model policy shall be reviewed by the task force to assure
consistency with existing law and shall be made the subject of public
hearings convened by the office throughout the state at places and at
times which are convenient for attendance by the public, after which the
policy shall be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task force,
such model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than two years
after the effective date of this subdivision. Notification of the avail-
ability of such model domestic violence policy shall be made by the
office to every county in the state, and copies of the policy shall be
made available to them upon request.
(d) The office in consultation with the task force, providers of
service, the advisory council and others, including representatives of a
statewide advocacy organization for the prevention domestic violence,
shall provide technical support, information and encouragement to coun-
ties to implement the provisions of the model policy on domestic
violence.
(e) Nothing contained in this subdivision shall be deemed to prevent
the governing body of a county from designating a local advisory commit-
tee to investigate the issues, work with providers of domestic violence
programs and other interested parties, and to aid in the implementation
of the policy required by this subdivision. Such governing body or advi-
sory committee may request and shall receive technical assistance from
the office for the development of such a policy. Implementation of the
model domestic violence policy may take place in a form considered
S. 2505--A 16 A. 3005--A
appropriate by the governing body of a county, including guidelines,
regulations and local laws.
(f) The office shall survey county governments within four years of
the effective date of this subdivision to determine the level of compli-
ance with the model domestic violence policy, and shall take such steps
as shall be necessary to aid county governments in the implementation of
such policy.]
8. State domestic violence policy. [(a) The office shall survey every
state agency to determine any activities, programs, rules, regulations,
guidelines or statutory requirements that have a direct or indirect
bearing on the state's efforts and abilities to address the issue of
domestic violence including, but not limited to, the provision of
services to victims and their families. Within two years of the effec-
tive date of this subdivision, the office shall compile such information
and provide a report, with appropriate comments and recommendations, to
the governor and the legislature. For the purposes of this subdivision,
"state agency" shall have the same meaning as such term is defined in
section two-a of the state finance law.
(b) Within three years of the effective date of this subdivision the
office shall recommend a state domestic violence policy consistent with
statute and best practice, policies, procedures and protocols to the
governor and the legislature. The purpose of such model policy shall be
to provide consistency and coordination by and between state agencies
and departments to address the issue of domestic violence. In developing
such model policy, the office shall consult with a statewide advocacy
organization for the prevention of domestic violence, and shall assure
that the advisory council reviews all data and recommendations and shall
not submit such model policy until approved by the advisory council.
Such recommendations shall be provided exclusive of any study or report
the office is required to undertake pursuant to a chapter of the laws of
nineteen hundred ninety-four, entitled "the family protection and domes-
tic violence intervention act of 1994".
(c)] No state agency shall promulgate a rule pursuant to the state
administrative procedure act, or adopt a guideline or other procedure,
including a request for proposals, directly or indirectly affecting the
provision of services to victims of domestic AND GENDER-BASED violence,
or the provision of services by residential or non-residential domestic
violence programs, as such terms are defined in section four hundred
fifty-nine-a of the social services law, or establish a grant program
directly or indirectly affecting such victims of domestic OR GENDER-
BASED violence or providers of service, without first consulting the
office, which shall provide all comments in response to such rules,
guidelines or procedures in writing directly to the chief executive
officer of such agency, to the administrative regulations review commit-
tee and to the appropriate committees of the legislature having juris-
diction of the subject matter addressed within two weeks of receipt
thereof, provided that failure of the office to respond as required
herein shall not otherwise impair the ability of such state agency to
promulgate a rule. This paragraph shall not apply to an appropriation
which finances a contract with a not-for-profit organization which has
been identified for a state agency without the use of a request for
proposals.
9. [Model domestic violence employee awareness and assistance policy.
(a) The office shall convene a task force including members of the busi-
ness community, employees, employee organizations, representatives from
the department of labor and the empire state development corporation,
S. 2505--A 17 A. 3005--A
and directors of domestic violence programs, including representatives
of statewide advocacy organizations for the prevention of domestic
violence, to develop a model domestic violence employee awareness and
assistance policy for businesses.
The office shall give due consideration to the recommendations of the
governor, the temporary president of the senate, and the speaker of the
assembly for participation by any person on the task force, and shall
make reasonable efforts to assure regional balance in membership.
(b) The purpose of the model employee awareness and assistance policy
shall be to provide businesses with the best practices, policies, proto-
cols and procedures in order that they ascertain domestic violence
awareness in the workplace, assist affected employees, and provide a
safe and helpful working environment for employees currently or poten-
tially experiencing the effects of domestic violence. The model plan
shall include but not be limited to:
(i) the establishment of a definite corporate policy statement recog-
nizing domestic violence as a workplace issue as well as promoting the
need to maintain job security for those employees currently involved in
domestic violence disputes;
(ii) policy and service publication requirements, including posting
said policies and service availability pamphlets in break rooms, on
bulletin boards, restrooms and other communication methods;
(iii) a listing of current domestic violence community resources such
as shelters, crisis intervention programs, counseling and case manage-
ment programs, legal assistance and advocacy opportunities for affected
employees;
(iv) measures to ensure workplace safety including, where appropriate,
designated parking areas, escort services and other affirmative safe-
guards;
(v) training programs and protocols designed to educate employees and
managers in how to recognize, approach and assist employees experiencing
domestic violence, including both victims and batterers; and
(vi) other issues as shall be appropriate and relevant for the task
force in developing such model policy.
(c) Such model policy shall be reviewed by the task force to assure
consistency with existing law and shall be made the subject of public
hearings convened by the office throughout the state at places and at
times which are convenient for attendance by the public, after which the
policy shall be reviewed by the task force and amended as necessary to
reflect concerns raised at the hearings. If approved by the task force,
such model policy shall be provided as approved with explanation of its
provisions to the governor and the legislature not later than one year
after the effective date of this subdivision. The office shall make
every effort to notify businesses of the availability of such model
domestic violence employee awareness and assistance policy.
(d) The office in consultation with the task force, providers of
services, the advisory council, the department of labor, the empire
state development corporation, and representatives of statewide advocacy
organizations for the prevention of domestic violence, shall provide
technical support, information, and encouragement to businesses to
implement the provisions of the model domestic violence employee aware-
ness and assistance policy.
(e) Nothing contained in this subdivision shall be deemed to prevent
businesses from adopting their own domestic violence employee awareness
and assistance policy.
S. 2505--A 18 A. 3005--A
(f) The office shall survey businesses within four years of the effec-
tive date of this section to determine the level of model policy
adoption amongst businesses and shall take steps necessary to promote
the further adoption of such policy.
10.] Fatality review team. (a) There shall be established within the
office a fatality review team for the purpose of analyzing, in conjunc-
tion with local representation, the domestic violence-related death or
near death of individuals, with the goal of:
(i) examining the trends and patterns of domestic violence-related
fatalities in New York state;
(ii) educating the public, service providers, and policymakers about
domestic violence fatalities and strategies for intervention and
prevention; and
(iii) recommending policies, practices, procedures, and services to
reduce fatalities due to domestic violence.
(b) A domestic violence-related death or near death shall mean any
death or near death caused by a family or household member as defined in
section eight hundred twelve of the family court act or section 530.11
of the criminal procedure law, except that there shall be no review of
the death or near death of a child for those cases in which the office
of children and family services is required to issue a fatality report
in accordance with subdivision five of section twenty of the social
services law.
(c) The team shall review deaths or near deaths in cases that have
been adjudicated and have received a final judgment and that are not
under investigation.
(d) Members of a domestic violence fatality review team shall be
appointed by the executive director, [in consultation with the advisory
council,] and shall include, but not be limited to, one representative
from the office of children and family services, the office of temporary
and disability assistance, the division of criminal justice services,
the state police, the department of health, the office of court adminis-
tration, the office of probation and correctional alternatives, the
department of corrections and community supervision, the office of
victim services, at least one representative from local law enforcement,
a county prosecutor's office, a local social services district, a member
of the judiciary, and a domestic violence services program approved by
the office of children and family services. A domestic violence fatality
review team may also include representatives from sexual assault
services programs, public health, mental health and substance abuse
agencies, hospitals, clergy, local school districts, local divisions of
probation, local offices of the department of corrections and community
supervision, the office of the medical examiner or coroner, any local
domestic violence task force, coordinating council or other interagency
entity that meets regularly to support a coordinated community response
to domestic violence, any other program that provides services to domes-
tic violence victims, or any other person necessary to the work of the
team, including survivors of domestic violence.
(e) The team shall identify potential cases and shall select which
deaths or near deaths will be reviewed each year. Localities may request
that the team conduct a review of a particular death or near death.
(f) The team shall work with officials and organizations within the
community where the death or near death occurred to conduct each review.
(g) Team members shall serve without compensation but are entitled to
be reimbursed for travel expenses to the localities where a fatality
review will be conducted and members who are full-time salaried officers
S. 2505--A 19 A. 3005--A
or employees of the state or of any political subdivision of the state
are entitled to their regular compensation.
(h) To the extent consistent with federal law, upon request the team
shall be provided client-identifiable information and records necessary
for the investigation of a domestic violence-related death or near death
incident, including, but not limited to:
(i) records maintained by a local social services district;
(ii) law enforcement records, except where the provision of such
records would interfere with an ongoing law enforcement investigation or
identify a confidential source or endanger the safety or welfare of an
individual;
(iii) court records;
(iv) probation and parole records;
(v) records from domestic violence residential or non-residential
programs;
(vi) records from any relevant service provider, program or organiza-
tion; and
(vii) all other relevant records in the possession of state and local
officials or agencies provided, however, no official or agency shall be
required to provide information or records concerning a person charged,
investigated or convicted in such death or near death in violation of
such person's attorney-client privilege.
(i) Any information or records otherwise SEALED, confidential and
privileged in accordance with state law which are provided to the team
shall remain SEALED, confidential, AND PRIVILEGED as otherwise provided
by law. All records received, meetings conducted, reports and records
made and maintained and all books and papers obtained by the team shall
be confidential and shall not be open or made available, except by court
order or as set forth in paragraphs (k) and (l) of this subdivision.
(j) Any person who releases or permits the release of any information
protected under paragraph (i) of this subdivision to persons or agencies
not authorized to receive such information shall be guilty of a class A
misdemeanor.
(k) Team members and persons who present information to the team shall
not be questioned in any civil or criminal proceeding regarding any
opinions formed as a result of a meeting of the team. Nothing in this
section shall be construed to prevent a person from testifying as to
information which is obtained independently of the team or information
which is public.
(l) Team members are not liable for damages or other relief in any
action brought by reason of the reasonable and good faith performance of
a duty, function, or activity of the team.
(m) Consistent with all federal and state confidentiality protections,
the team may provide recommendations to any individual or entity for
appropriate actions to improve a community's response to domestic
violence.
(n) The team shall periodically submit a cumulative report to the
governor and the legislature incorporating the aggregate data and a
summary of the general findings and recommendations resulting from the
domestic violence fatality reviews completed pursuant to this subdivi-
sion. The cumulative report shall thereafter be made available to the
public, consistent with federal and state confidentiality protections.
§ 3. Subdivision 6 of section 530.11 of the criminal procedure law, as
amended by chapter 663 of the laws of 2019, is amended to read as
follows:
S. 2505--A 20 A. 3005--A
6. Notice. Every police officer, peace officer or district attorney
investigating a family offense under this article shall advise the
victim of the availability of a shelter or other services in the commu-
nity, and shall immediately give the victim written notice of the legal
rights and remedies available to a victim of a family offense under the
relevant provisions of this chapter and the family court act. Such
notice shall be prepared, at minimum, in plain English, Spanish, Chinese
and Russian and if necessary, shall be delivered orally, and shall
include but not be limited to the information contained in the following
statement:
"Are you the victim of domestic violence? If you need help now, you
can call 911 for the police to come to you. You can also call a domestic
violence hotline. You can have a confidential talk with an advocate at
the hotline about help you can get in your community including: where
you can get treatment for injuries, where you can get shelter, where you
can get support, and what you can do to be safe. The New York State
24-hour Domestic & Sexual Violence Hotline number is (insert the state-
wide multilingual 800 number). They can give you information in many
languages. If you are deaf or hard of hearing, call 711.
This is what the police can do:
They can help you and your children find a safe place such as a family
or friend's house or a shelter in your community.
You can ask the officer to take you or help you and your children get
to a safe place in your community.
They can help connect you to a local domestic violence program.
They can help you get to a hospital or clinic for medical care.
They can help you get your personal belongings.
They must complete a report discussing the incident. They will give
you a copy of this police report before they leave the scene. It is
free.
They may, and sometimes must, arrest the person who harmed you if you
are the victim of a crime. The person arrested could be released at any
time, so it is important to plan for your safety.
If you have been abused or threatened, this is what you can ask the
police or district attorney to do:
File a criminal complaint against the person who harmed you.
Ask the criminal court to issue an order of protection for you and
your child if the district attorney files a criminal case with the
court.
Give you information about filing a family offense petition in your
local family court.
You also have the right to ask the family court for an order of
protection for you and your children.
This is what you can ask the family court to do:
To have your family offense petition filed the same day you go to
court.
To have your request heard in court the same day you file or the next
day court is open.
Only a judge can issue an order of protection. The judge does that as
part of a criminal or family court case against the person who harmed
you. An order of protection in family court or in criminal court can
say:
That the other person have no contact or communication with you by
mail, phone, computer or through other people.
That the other person stay away from you and your children, your home,
job or school.
S. 2505--A 21 A. 3005--A
That the other person not assault, harass, threaten, strangle, or
commit another family offense against you or your children.
That the other person turn in their firearms and firearms licenses,
and not get any more firearms.
That you have temporary custody of your children.
That the other person pay temporary child support.
That the other person not harm your pets or service animals.
If the family court is closed because it is night, a weekend, or a
holiday, you can go to a criminal court to ask for an order of
protection.
If you do not speak English or cannot speak it well, you can ask the
police, the district attorney, or the criminal or family court to get
you an interpreter who speaks your language. The interpreter can help
you explain what happened.
You can get the forms you need to ask for an order of protection at
your local family court (insert addresses and contact information for
courts). You can also get them online: www.NYCourts.gov/forms.
You do not need a lawyer to ask for an order of protection.
You have a right to get a lawyer in the family court. If the family
court finds that you cannot afford to pay for a lawyer, it must get you
one for free.
If you file a complaint or family court petition, you will be asked to
swear to its truthfulness because it is a crime to file a legal document
that you know is false."
The division of criminal justice services in consultation with the
state office [for the prevention of] TO END domestic AND GENDER-BASED
violence shall prepare the form of such written notice consistent with
provisions of this section and distribute copies thereof to the appro-
priate law enforcement officials pursuant to subdivision nine of section
eight hundred forty-one of the executive law.
Additionally, copies of such notice shall be provided to the chief
administrator of the courts to be distributed to victims of family
offenses through the criminal court at such time as such persons first
come before the court and to the state department of health for distrib-
ution to all hospitals defined under article twenty-eight of the public
health law. No cause of action for damages shall arise in favor of any
person by reason of any failure to comply with the provisions of this
subdivision except upon a showing of gross negligence or willful miscon-
duct.
§ 4. Subparagraph (i) of paragraph (b) of subdivision 3 of section 15
of the domestic relations law, as amended by chapter 35 of the laws of
2017, is amended to read as follows:
(i) provide notification to each minor party of his or her rights,
including but not limited to, rights in relation to termination of the
marriage, child and spousal support, domestic violence services and
access to public benefits and other services, which notification shall
be developed by the office of court administration, in consultation with
the office [for the prevention of] TO END domestic AND GENDER-BASED
violence;
§ 5. Section 214-b of the executive law, as amended by chapter 432 of
the laws of 2015, is amended to read as follows:
§ 214-b. Family offense intervention. The superintendent shall, for
all members of the state police including new and veteran officers,
develop, maintain and disseminate, in consultation with the state office
[for the prevention of] TO END domestic AND GENDER-BASED violence, writ-
ten policies and procedures consistent with article eight of the family
S. 2505--A 22 A. 3005--A
court act and applicable provisions of the criminal procedure and domes-
tic relations laws, regarding the investigation of and intervention in
incidents of family offenses. Such policies and procedures shall make
provision for education and training in the interpretation and enforce-
ment of New York's family offense laws, including but not limited to:
(a) intake and recording of victim statements, and the prompt trans-
lation of such statements if made in a language other than English, in
accordance with subdivision (c) of this section, on a standardized
"domestic violence incident report form" promulgated by the state divi-
sion of criminal justice services in consultation with the superinten-
dent and with the state office [for the prevention of] TO END domestic
AND GENDER-BASED violence, and the investigation thereof so as to ascer-
tain whether a crime has been committed against the victim by a member
of the victim's family or household as such terms are defined in section
eight hundred twelve of the family court act and section 530.11 of the
criminal procedure law;
(b) the need for immediate intervention in family offenses including
the arrest and detention of alleged offenders, pursuant to subdivision
four of section 140.10 of the criminal procedure law, and notifying
victims of their rights, in their native language, if identified as
other than English, in accordance with subdivision (c) of this section,
including but not limited to immediately providing the victim with the
written notice provided in subdivision six of section 530.11 of the
criminal procedure law and subdivision five of section eight hundred
twelve of the family court act.
(c) The superintendent, in consultation with the division of criminal
justice services and the office [for the prevention of] TO END domestic
AND GENDER-BASED violence shall determine the languages in which such
translation required by subdivision (a) of this section, and the notifi-
cation required pursuant to subdivision (b) of this section, shall be
provided. Such determination shall be based on the size of the New York
state population that speaks each language and any other relevant
factor. Such written notice required pursuant to subdivision (b) of this
section shall be made available to all state police officers in the
state.
§ 6. Subdivision 1 of section 221-a of the executive law, as amended
by chapter 492 of the laws of 2015, is amended to read as follows:
1. The superintendent, in consultation with the division of criminal
justice services, office of court administration, and the office [for
the prevention of] TO END domestic AND GENDER-BASED violence, shall
develop a comprehensive plan for the establishment and maintenance of a
statewide computerized registry of all orders of protection issued
pursuant to articles four, five, six, eight and ten of the family court
act, section 530.12 of the criminal procedure law and, insofar as they
involve victims of domestic violence as defined by section four hundred
fifty-nine-a of the social services law, section 530.13 of the criminal
procedure law and sections two hundred forty and two hundred fifty-two
of the domestic relations law, and orders of protection issued by courts
of competent jurisdiction in another state, territorial or tribal juris-
diction, special orders of conditions issued pursuant to subparagraph
(i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the
criminal procedure law insofar as they involve a victim or victims of
domestic violence as defined by subdivision one of section four hundred
fifty-nine-a of the social services law or a designated witness or
witnesses to such domestic violence, and all warrants issued pursuant to
sections one hundred fifty-three and eight hundred twenty-seven of the
S. 2505--A 23 A. 3005--A
family court act, and arrest and bench warrants as defined in subdivi-
sions twenty-eight, twenty-nine and thirty of section 1.20 of the crimi-
nal procedure law, insofar as such warrants pertain to orders of
protection or temporary orders of protection; provided, however, that
warrants issued pursuant to section one hundred fifty-three of the fami-
ly court act pertaining to articles three and seven of such act and
section 530.13 of the criminal procedure law shall not be included in
the registry. The superintendent shall establish and maintain such
registry for the purposes of ascertaining the existence of orders of
protection, temporary orders of protection, warrants and special orders
of conditions, and for enforcing the provisions of paragraph (b) of
subdivision four of section 140.10 of the criminal procedure law.
§ 7. The opening paragraph of subdivision 15 of section 837 of the
executive law, as amended by chapter 432 of the laws of 2015, is amended
to read as follows:
Promulgate, in consultation with the superintendent of state police
and the state office [for the prevention of] TO END domestic AND
GENDER-BASED violence, and in accordance with paragraph (f) of subdivi-
sion three of section eight hundred forty of this article, a standard-
ized "domestic violence incident report form" for use by state and local
law enforcement agencies in the reporting, recording and investigation
of all alleged incidents of domestic violence, regardless of whether an
arrest is made as a result of such investigation. Such form shall be
prepared in multiple parts, one of which shall be immediately provided
to the victim, and shall include designated spaces for: the recordation
of the results of the investigation by the law enforcement agency and
the basis for any action taken; the recordation of a victim's allega-
tions of domestic violence; the age and gender of the victim and the
alleged offender or offenders; and immediately thereunder a space on
which the victim may sign and verify such victim's allegations. Such
form shall also include, but not be limited to spaces to identify:
§ 8. Paragraph (f) of subdivision 3 of section 840 of the executive
law, as amended by chapter 432 of the laws of 2015, is amended to read
as follows:
(f) Develop, maintain and disseminate, in consultation with the state
office [for the prevention of] TO END domestic AND GENDER-BASED
violence, written policies and procedures consistent with article eight
of the family court act and applicable provisions of the criminal proce-
dure and domestic relations laws, regarding the investigation of and
intervention by new and veteran police officers in incidents of family
offenses. Such policies and procedures shall make provisions for educa-
tion and training in the interpretation and enforcement of New York's
family offense laws, including but not limited to:
(1) intake and recording of victim statements, and the prompt trans-
lation of such statements if made in a language other than English, in
accordance with subparagraph three of this paragraph, on a standardized
"domestic violence incident report form" promulgated by the division of
criminal justice services in consultation with the superintendent of
state police, representatives of local police forces and the state
office [for the prevention of] TO END domestic AND GENDER-BASED
violence, and the investigation thereof so as to ascertain whether a
crime has been committed against the victim by a member of the victim's
family or household as such terms are defined in section eight hundred
twelve of the family court act and section 530.11 of the criminal proce-
dure law; and
S. 2505--A 24 A. 3005--A
(2) the need for immediate intervention in family offenses including
the arrest and detention of alleged offenders, pursuant to subdivision
four of section 140.10 of the criminal procedure law, and notifying
victims of their rights, in their native language, if identified as
other than English, in accordance with subparagraph three of this para-
graph, including but not limited to immediately providing the victim
with the written notice required in subdivision six of section 530.11 of
the criminal procedure law and subdivision five of section eight hundred
twelve of the family court act;
(3) determine, in consultation with the superintendent of state police
and the office [for the prevention of] TO END domestic AND GENDER-BASED
violence, the languages in which such translation required by subpara-
graph one of this paragraph, and the notification required by subpara-
graph two of this paragraph, shall be provided. Such determination shall
be based on the size of the New York state population that speaks each
language and any other relevant factor. Such written notice required
pursuant to subparagraph two of this paragraph shall be made available
to all local law enforcement agencies throughout the state. Nothing in
this paragraph shall prevent the council from using the determinations
made by the superintendent of state police pursuant to subdivision (c)
of section two hundred fourteen-b of this chapter;
§ 9. The opening paragraph of paragraph 2 of subdivision (b) of
section 153-c of the family court act, as added by chapter 367 of the
laws of 2015, is amended to read as follows:
Development of a pilot program. A plan for a pilot program pursuant to
this section shall be developed by the chief administrator of the courts
or his or her delegate in consultation with one or more local programs
providing assistance to victims of domestic violence, the office [for
the prevention of] TO END domestic AND GENDER-BASED violence, and attor-
neys who represent family offense petitions. The plan shall include, but
is not limited to:
§ 10. Paragraph 2 of subdivision (a) of section 249-b of the family
court act, as added by chapter 476 of the laws of 2009, is amended to
read as follows:
2. provide for the development of training programs with the input of
and in consultation with the state office [for the prevention of] TO END
domestic AND GENDER-BASED violence. Such training programs must include
the dynamics of domestic violence and its effect on victims and on chil-
dren, and the relationship between such dynamics and the issues consid-
ered by the court, including, but not limited to, custody, visitation
and child support. Such training programs along with the providers of
such training must be approved by the office of court administration
following consultation with and input from the state office for the
prevention of domestic violence; and
§ 11. The closing paragraph of subdivision 5 of section 812 of the
family court act, as amended by chapter 663 of the laws of 2019, is
amended to read as follows:
The division of criminal justice services in consultation with the
state office [for the prevention of] TO END domestic AND GENDER-BASED
violence shall prepare the form of such written notice consistent with
the provisions of this section and distribute copies thereof to the
appropriate law enforcement officials pursuant to subdivision nine of
section eight hundred forty-one of the executive law. Additionally,
copies of such notice shall be provided to the chief administrator of
the courts to be distributed to victims of family offenses through the
family court at such time as such persons first come before the court
S. 2505--A 25 A. 3005--A
and to the state department of health for distribution to all hospitals
defined under article twenty-eight of the public health law. No cause of
action for damages shall arise in favor of any person by reason of any
failure to comply with the provisions of this subdivision except upon a
showing of gross negligence or willful misconduct.
§ 12. Subdivision 3 of section 403 of the general business law, as
amended by chapter 715 of the laws of 2019, is amended to read as
follows:
3. The advisory committee shall advise the secretary on all matters
relating to this article, and on such other matters as the secretary
shall request. In advising the secretary on matters concerning profes-
sional education or curriculum, inclusive of the maintenance of cultural
and ethnic awareness within the prescribed curriculum in regard to hair
types, including, but not limited to, curl pattern, hair strand thick-
ness, and volume of hair, the advisory committee shall, to the extent
practicable, consult with the state education department. The advisory
committee is directed, in consultation with the department of state, the
New York state office [for the prevention of] TO END domestic AND
GENDER-BASED violence and an advocacy group recognized by the federal
department of health and human services, which has the ability to coor-
dinate statewide and with local communities on programming and educa-
tional materials related to the prevention and intervention of domestic
violence in New York state, to develop, provide for and integrate aware-
ness training on domestic violence and sexual assault for all prospec-
tive students seeking to be licensed under this article. Further, on a
voluntary basis for those seeking to renew their license as provided for
in this article to develop and provide access to educational material
for domestic violence and sexual assault awareness.
§ 13. Section 408-b of the general business law, as amended by chapter
71 of the laws of 2020, is amended to read as follows:
§ 408-b. Domestic violence and sexual assault awareness education. The
department shall ensure that domestic violence and sexual assault aware-
ness education courses are made available to all licensees and appli-
cants for a license or renewal pursuant to this article and that such
courses are offered through the department's website. The department, in
consultation with the office [for the prevention of] TO END domestic AND
GENDER-BASED violence and advocacy groups recognized by the federal
department of health and human services or the federal department of
justice, which have the ability to coordinate statewide and with local
communities on programming and educational materials related to the
prevention and intervention of domestic violence or sexual assault in
New York state, shall develop and provide access to domestic violence
and sexual assault awareness education courses appropriate for those
licensed under this article.
§ 14. Subsections (f) and (g) and paragraph 8 of subsection (h) of
section 2612 of the insurance law, subsection (f) as amended by chapter
246 of the laws of 2005, subsection (g) as added by chapter 361 of the
laws of 2006, and paragraph 8 of subsection (h) as added by section 2 of
part E of chapter 491 of the laws of 2012, are amended to read as
follows:
(f) If any person covered by an insurance policy issued to another
person as the policyholder delivers to the insurer that issued the poli-
cy, at its home office, a valid order of protection against the policy-
holder, issued by a court of competent jurisdiction in this state, the
insurer shall be prohibited for the duration of the order from disclos-
ing to the policyholder the address and telephone number of the insured,
S. 2505--A 26 A. 3005--A
or of any person or entity providing covered services to the insured. If
a child is the covered person, the right established by this subsection
may be asserted by, and shall also extend to, the parent or guardian of
the child. The superintendent, in consultation with the commissioner of
health and the office of children and family services and the office
[for the prevention of] TO END domestic AND GENDER-BASED violence, shall
promulgate rules to guide and enable insurers to guard against the
disclosure of the address and location of an insured who is a victim of
domestic violence.
(g) If any person covered by a group insurance policy delivers to the
insurer that issued the policy, at its home office, a valid order of
protection against another person covered by the group policy, issued by
a court of competent jurisdiction in this state, the insurer shall be
prohibited for the duration of the order from disclosing to the person
against whom the valid order of protection was issued the address and
telephone number of the insured person covered by the order of
protection, or of any person or entity providing covered services to the
insured person covered by the order of protection. If a child is the
covered person, the right established by this subsection may be asserted
by, and shall also extend to, the parent or guardian of the child. The
superintendent, in consultation with the commissioner of health, the
office of children and family services and the office [for the
prevention of] TO END domestic AND GENDER-BASED violence, shall promul-
gate rules to guide and enable insurers to guard against the disclosure
of the address and location of an insured who is a victim of domestic
violence.
(8) The superintendent, in consultation with the commissioner of
health, the office of children and family services and the office [for
the prevention of] TO END domestic AND GENDER-BASED violence, shall
promulgate rules to guide health insurers in guarding against the
disclosure of the information protected pursuant to this subsection.
§ 15. Section 10-a of the labor law, as added by chapter 527 of the
laws of 1995, is amended to read as follows:
§ 10-a. Domestic violence policy. The commissioner shall study the
issue of employees separated from employment due to acts of domestic
violence as referred to in and qualified by section four hundred fifty-
nine-a of the social services law. The commissioner shall consult with
the New York state office [for the prevention of] TO END domestic AND
GENDER-BASED violence and its advisory council, the department of social
services, the division of women and members of the public in preparing
such study. Such study shall include a review of case histories in
which unemployment compensation was sought and an analysis of the poli-
cies in other states. A copy of such study shall be transmitted to the
temporary president of the senate and the speaker of the assembly on or
before January fifteenth, nineteen hundred ninety-six and shall contain
policy recommendations.
§ 16. Section 10-b of the labor law, as added by chapter 368 of the
laws of 1997, is amended to read as follows:
§ 10-b. Domestic violence employee awareness and assistance. The
commissioner shall assist the office [for the prevention of] TO END
domestic AND GENDER-BASED violence in the creation, approval and dissem-
ination of the model domestic violence employee awareness and assistance
policy as further defined in subdivision nine of section five hundred
seventy-five of the executive law. Upon completion and approval of the
model plan as outlined in subdivision nine of section five hundred
S. 2505--A 27 A. 3005--A
seventy-five of the executive law, the commissioner shall assist in the
promotion of the model policy to businesses in New York state.
§ 17. Section 2137 of the public health law, as added by chapter 163
of the laws of 1998, is amended to read as follows:
§ 2137. Domestic violence recognition. The department shall, in
consultation with the office [for the prevention of] TO END domestic AND
GENDER-BASED violence and statewide organizations and community based
organizations, develop a protocol for the identification and screening
of victims of domestic violence who may either be a protected individual
or a contact as used in this title.
§ 18. Subdivision 2 of section 2803-p of the public health law, as
added by chapter 271 of the laws of 1997, is amended to read as follows:
2. Every hospital having maternity and newborn services shall provide
information concerning family violence to parents of newborn infants at
any time prior to the discharge of the mother. Such information shall
also be provided by every diagnostic and treatment center offering
prenatal care services to women upon an initial prenatal care visit.
The commissioner shall, in consultation with the state office [for the
prevention of] TO END domestic AND GENDER-BASED violence and the depart-
ment of social services, prepare, produce and transmit such notice to
such facilities in quantities sufficient to comply with the requirements
of this section. Such notice shall contain information which shall
include but not be limited to the effects of family violence and the
services available to women and children experiencing family violence.
Such information shall be in clear and concise language readily
comprehensible. Nothing in this section shall preclude a facility from
providing the notice required by this section as an addendum to, or in
connection with, any other information required to be provided by any
other provision of law, rule or regulation.
§ 19. Subdivision 3 of section 2805-z of the public health law, as
amended by chapter 37 of the laws of 2020, is amended to read as
follows:
3. The commissioner shall promulgate such rules and regulations as may
be necessary and proper to carry out effectively the provisions of this
section. Prior to promulgating such rules and regulations, the commis-
sioner shall consult with the office [for the prevention of] TO END
domestic AND GENDER-BASED violence and other such persons as the commis-
sioner deems necessary to develop a model policy for hospitals to
utilize in complying with this section and to identify the domestic
violence or victim assistance organizations operating in each hospital's
geographic area, a list of which the commissioner shall provide to
hospitals with the model policy.
§ 20. The opening paragraph of subdivision (g) of section 17 of the
social services law, as added by chapter 280 of the laws of 2002, is
amended to read as follows:
require participation of all employees of a child protective service
in a training course which has been developed by the office [for the
prevention of] TO END domestic AND GENDER-BASED violence in conjunction
with the office of children and family services whose purpose is to
develop an understanding of the dynamics of domestic violence and its
connection to child abuse and neglect. Such course shall:
§ 21. Subdivision 1 of section 111-v of the social services law, as
added by chapter 398 of the laws of 1997, is amended to read as follows:
1. The department, in consultation with appropriate agencies including
but not limited to the New York state office [for the prevention of] TO
END domestic AND GENDER-BASED violence, shall by regulation prescribe
S. 2505--A 28 A. 3005--A
and implement safeguards on the confidentiality, integrity, accuracy,
access, and the use of all confidential information and other data
handled or maintained, including data obtained pursuant to section one
hundred eleven-o of this article and including such information and data
maintained in the automated child support enforcement system. Such
information and data shall be maintained in a confidential manner
designed to protect the privacy rights of the parties and shall not be
disclosed except for the purpose of, and to the extent necessary to,
establish paternity, or establish, modify or enforce an order of
support.
§ 22. Subdivisions 1, 2 and 3 of section 349-a of the social services
law, as added by section 36 of part B of chapter 436 of the laws of
1997, are amended to read as follows:
1. The department, after consultation with the office [for the
prevention of] TO END domestic AND GENDER-BASED violence and statewide
domestic violence advocacy groups, shall by regulation establish
requirements for social services districts to notify all applicants and,
upon recertification, recipients, of procedures for protection from
domestic violence and the availability of services. Such notice shall
inform applicants and recipients that the social services district will
make periodic inquiry regarding the existence of domestic violence
affecting the individual. Such notice shall also inform individuals
that response to these inquiries is voluntary and confidential;
provided, however, that information regarding neglect or abuse of chil-
dren will be reported to child protective services.
2. Such inquiry shall be performed utilizing a universal screening
form to be developed by the department after consultation with the
office [for the prevention of] TO END domestic AND GENDER-BASED violence
and statewide domestic violence advocacy groups. An individual may
request such screening at any time, and any individual who at any time
self identifies as a victim of domestic violence shall be afforded the
opportunity for such screening.
3. An individual indicating the presence of domestic violence, as a
result of such screening, shall be promptly referred to a domestic
violence liaison who meets training requirements established by the
department, after consultation with the office [for the prevention of]
TO END domestic AND GENDER-BASED violence and statewide domestic
violence advocacy groups.
§ 23. The opening paragraph of subdivision 2 and the opening paragraph
of subdivision 3 of section 427-a of the social services law, as added
by chapter 452 of the laws of 2007, are amended to read as follows:
Any social services district interested in implementing a differential
response program shall apply to the office of children and family
services for permission to participate. The criteria for a social
services district to participate will be determined by the office of
children and family services after consultation with the office [for the
prevention of] TO END domestic AND GENDER-BASED violence, however the
social services district's application must include a plan setting forth
the following:
The criteria for determining which cases may be placed in the assess-
ment track shall be determined by the local department of social
services, in conjunction with the office of children and family services
and after consultation with the office [for the prevention of] TO END
domestic AND GENDER-BASED violence. Provided, however, that reports
including any of the following allegations shall not be included in the
assessment track of a differential response program:
S. 2505--A 29 A. 3005--A
§ 24. Subdivision (a) of section 483-cc of the social services law, as
amended by chapter 368 of the laws of 2015, is amended to read as
follows:
(a) As soon as practicable after a first encounter with a person who
reasonably appears to a law enforcement agency, district attorney's
office, or an established provider of social or legal services desig-
nated by the office of temporary and disability assistance, the office
[for the prevention of] TO END domestic AND GENDER-BASED violence or the
office of victim services to be a human trafficking victim, that law
enforcement agency or district attorney's office shall notify the office
of temporary and disability assistance and the division of criminal
justice services that such person may be eligible for services under
this article or, in the case of an established provider of social or
legal services, shall notify the office of temporary and disability
assistance and the division of criminal justice services if such victim
consents to seeking services pursuant to this article.
§ 25. Subdivision (a) of section 483-ee of the social services law, as
amended by chapter 413 of the laws of 2016, is amended to read as
follows:
(a) There is established an interagency task force on trafficking in
persons, which shall consist of the following members or their desig-
nees: (1) the commissioner of the division of criminal justice services;
(2) the commissioner of the office of temporary and disability assist-
ance; (3) the commissioner of health; (4) the commissioner of the office
of mental health; (5) the commissioner of labor; (6) the commissioner of
the office of children and family services; (7) the commissioner of the
office of alcoholism and substance abuse services; (8) the director of
the office of victim services; (9) the executive director of the office
[for the prevention of] TO END domestic AND GENDER-BASED violence; and
(10) the superintendent of the division of state police; and the follow-
ing additional members, who shall be promptly appointed by the governor,
each for a term of two years, provided that such person's membership
shall continue after such two year term until a successor is appointed
and provided, further, that a member may be reappointed if again recom-
mended in the manner specified in this subdivision: (11) two members,
who shall be appointed on the recommendation of the temporary president
of the senate; (12) two members, who shall be appointed on the recommen-
dation of the speaker of the assembly; (13) two members, who shall be
appointed on the recommendation of the not-for-profit organization in
New York state that receives the largest share of funds, appropriated by
and through the state budget, for providing services to victims of human
trafficking, as shall be identified annually in writing by the director
of the budget; and (14) one member, who shall be appointed on the recom-
mendation of the president of the New York state bar association; and
others as may be necessary to carry out the duties and responsibilities
under this section. The task force will be co-chaired by the commission-
ers of the division of criminal justice services and the office of
temporary and disability assistance, or their designees. It shall meet
as often as is necessary, but no less than three times per year, and
under circumstances as are appropriate to fulfilling its duties under
this section. All members shall be provided with written notice reason-
ably in advance of each meeting with date, time and location of such
meeting.
§ 26. Subdivision 3 of section 97-yyy of the state finance law, as
added by chapter 634 of the laws of 2002, is amended to read as follows:
S. 2505--A 30 A. 3005--A
3. Moneys of the fund, following appropriation by the legislature and
allocation by the director of the budget, shall be available for the
purpose of funding expenses of the office [for the prevention of] TO END
domestic AND GENDER-BASED violence for educational and prevention
programs undertaken pursuant to article twenty-one of the executive law.
§ 27. This act shall take effect immediately; provided however that
section nineteen of this act shall take effect on the same date and in
the same manner as section 2 of chapter 733 of the laws of 2019, as
amended, takes effect; and provided further that the amendments to
subdivision (a) of section 483-ee of the social services law made by
section twenty-five of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.
PART C
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 (B) 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 RECKLESS
ENDANGERMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.20 OF THIS
ARTICLE, OR CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS
DEFINED IN SECTION 121.11 OF THIS ARTICLE, OR 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
VICTIM.
DOMESTIC VIOLENCE IS A CLASS A MISDEMEANOR.
§ 2. Subdivision 17 of section 265.00 of the penal law is amended by
adding a new paragraph (d) to read as follows:
(D) DOMESTIC VIOLENCE AS DEFINED BY SUBDIVISION ONE OF SECTION 120.65
OF THIS CHAPTER.
§ 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 D
Section 1. Paragraph 2 of subdivision (j) and subdivision (k) of
section 446 of the family court act, paragraph 2 of subdivision (j) as
added and subdivision (k) as amended by chapter 261 of the laws of 2020,
are amended to read as follows:
2. For purposes of this subdivision, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
S. 2505--A 31 A. 3005--A
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; [and]
(k) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(L) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY;
(M) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION; AND
(N) to observe such other conditions as are necessary to further the
purposes of protection. The court may also award custody of the child,
during the term of the order of protection to either parent, or to an
appropriate relative within the second degree. Nothing in this section
gives the court power to place or board out any child or to commit a
child to an institution or agency. In making orders of protection, the
court shall so act as to insure that in the care, protection, discipline
and guardianship of the child his religious faith shall be preserved and
protected.
§ 2. Paragraph 2 of subdivision (k) and subdivision (l) of section 551
of the family court act, paragraph 2 of subdivision (k) as added and
subdivision (l) as amended by chapter 261 of the laws of 2020, are
amended to read as follows:
2. For purposes of this subdivision, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; [and]
(l) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(M) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY;
(N) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION; AND
(O) to observe such other conditions as are necessary to further the
purposes of protection.
§ 3. Paragraph 2 of subdivision (k) and subdivision (l) of section 656
of the family court act, paragraph 2 of subdivision (k) as added and
subdivision (l) as amended by chapter 261 of the laws of 2020, are
amended to read as follows:
2. For purposes of this subdivision, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; [and]
(l) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(M) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY;
(N) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION; AND
S. 2505--A 32 A. 3005--A
(O) to observe such other conditions as are necessary to further the
purposes of protection.
§ 4. Paragraph 2 of subdivision (k) and subdivision (l) of section 842
of the family court act, paragraph 2 of subdivision (k) as added and
subdivision (l) as amended by chapter 261 of the laws of 2020, are
amended to read as follows:
2. For purposes of this subdivision, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; [and]
(l) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(M) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY;
(N) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION; AND
(O) to observe such other conditions as are necessary to further the
purposes of protection.
§ 5. Clause (B) of subparagraph 8 of paragraph (a) of subdivision 1 of
section 530.12 of the criminal procedure law, as added by chapter 261 of
the laws of 2020, is amended and three new subparagraphs 9, 10 and 11
are added to read as follows:
(B) For purposes of this subparagraph, "connected device" shall mean
any device, or other physical object that is capable of connecting to
the internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address[.];
(9) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
DEFENDANT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(10) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY; AND
(11) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED
PARTY, INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS,
MOVING SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS
RESPONSIBILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED
PARTY'S ADDRESS OR LOCATION.
§ 6. Paragraphs (e) and (f) of subdivision 5 of section 530.12 of the
criminal procedure law, paragraph (e) as amended and paragraph (f) as
added by chapter 261 of the laws of 2020, are amended and three new
paragraphs (g), (h) and (i) are added to read as follows:
(e) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in this proceeding or in any other proceeding or action under this chap-
ter, the family court act or the domestic relations law; [or]
(f) (i) to refrain from remotely controlling any connected devices
affecting the home, vehicle or property of the person protected by the
order.
(ii) For purposes of this paragraph, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address[.];
(G) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
S. 2505--A 33 A. 3005--A
(H) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY; OR
(I) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION;
§ 7. Subdivision 1 of section 530.13 of the criminal procedure law is
amended by adding three new paragraphs (e), (f) and (g) to read as
follows:
(E) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(F) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY; OR
(G) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION;
§ 8. Subparagraph 2 of paragraph (d) of subdivision 4 of section
530.13 of the criminal procedure law, as added by chapter 261 of the
laws of 2020, is amended and three new paragraphs (e), (f) and (g) are
added to read as follows:
2. For purposes of this paragraph, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address[.];
(E) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
DEFENDANT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(F) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY; AND
(G) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION.
§ 9. Clause (ii) of subparagraph 9 and subparagraph 10 of paragraph a
of subdivision 3 of section 240 of the domestic relations law, as
amended by chapter 261 of the laws of 2020, are amended to read as
follows:
(ii) For purposes of this subparagraph, "connected device" shall mean
any device, or other physical object that is capable of connecting to
the internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; [and]
(10) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY;
(11) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY;
(12) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED
PARTY, INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS,
MOVING SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS
RESPONSIBILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED
PARTY'S ADDRESS OR LOCATION; AND
(13) to observe such other conditions as are necessary to further the
purposes of protection.
S. 2505--A 34 A. 3005--A
§ 10. Subparagraph 2 of paragraph (i) and paragraph (j) of subdivision
1 of section 252 of the domestic relations law, as amended by chapter
261 of the laws of 2020, are amended to read as follows:
(2) For purposes of this paragraph, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; [and]
(j) TO PAY THE REASONABLE COSTS OF REPAIRING DAMAGES CAUSED BY THE
RESPONDENT TO A PREMISES OWNED OR OCCUPIED BY THE PROTECTED PARTY; AND
(K) TO MAKE RENT OR MORTGAGE PAYMENTS ON THE PREMISES OWNED OR OCCU-
PIED BY THE PROTECTED PARTY;
(L) TO PAY THE REASONABLE COSTS OF RELOCATION FOR THE PROTECTED PARTY,
INCLUDING BUT NOT LIMITED TO SECURITY DEPOSITS, UTILITY DEPOSITS, MOVING
SERVICES AND FIRST AND LAST MONTH'S RENT, PROVIDED THAT THIS RESPONSI-
BILITY DOES NOT ENTITLE THE RESPONDENT ACCESS TO THE PROTECTED PARTY'S
ADDRESS OR LOCATION; AND
(M) to observe such other conditions as are necessary to further the
purposes of protection.
§ 11. This act shall take effect immediately.
PART E
Section 1. Subdivision 5 of section 216 of the judiciary law, as added
by section 5 of part UU of chapter 56 of the laws of 2020, is amended to
read as follows:
5. The chief administrator of the courts, in conjunction with the
division of criminal justice services, shall collect data and report
every six months regarding pretrial release and detention. Such data and
report shall contain information categorized by gender, racial and
ethnic background; regarding the nature of the criminal offenses,
including the top charge of each case; WHETHER AN ORDER OF PROTECTION
WAS ISSUED FOR A FAMILY OFFENSE; the number and type of charges in each
defendant's criminal record; the number of individuals released on
recognizance; the number of individuals released on non-monetary condi-
tions, including the conditions imposed; the number of individuals
committed to the custody of a sheriff prior to trial; the rates of fail-
ure to appear and rearrest; the outcome of such cases or dispositions;
the length of the pretrial detention stay and any other such information
as the chief administrator and the division of criminal justice services
may find necessary and appropriate. Such report shall aggregate the data
collected by county; court, including city, town and village courts; and
judge. The data shall be disaggregated in order to protect the identity
of individual defendants. The report shall be released publicly and
published on the websites of the office of court administration and the
division of criminal justice services. The first report shall be
published twelve months after this subdivision shall have become a law,
and shall include data from the first six months following the enactment
of this section. Reports for subsequent periods shall be published every
six months thereafter.
§ 2. Section 216 of the judiciary law is amended by adding a new
subdivision 6 to read as follows:
6. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PREPARE A REPORT EACH
MONTH RELATED TO PERSONS CHARGED WITH A FELONY OR MISDEMEANOR OFFENSE
WHERE THE DEFENDANT AND THE PERSON ALLEGED TO BE THE VICTIM OF SUCH
CRIME WERE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDI-
VISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW. SUCH REPORT
S. 2505--A 35 A. 3005--A
SHALL CONTAIN INFORMATION ON THE NUMBER OF CASES WITHIN EACH COUNTY,
CATEGORIZED BY FELONY AND MISDEMEANOR, IN WHICH THE COURT ISSUED AN
ORDER OF PROTECTION FOR A FAMILY OFFENSE. THE REPORTS SHALL BE PROVIDED
EACH MONTH TO THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE OFFICE
FOR THE PREVENTION OF DOMESTIC VIOLENCE.
§ 3. Section 837-u of the executive law, as added by section 6 of part
UU of chapter 56 of the laws of 2020, is amended to read as follows:
§ 837-u. The division of criminal justice services, in conjunction
with the chief administrator of the courts, shall collect data and
report annually regarding pretrial release and detention. Such data and
report shall contain information categorized by gender, racial and
ethnic background; regarding the nature of the criminal offenses,
including the top charge of each case; WHETHER AN ORDER OF PROTECTION
WAS ISSUED FOR A FAMILY OFFENSE; the number and type of charges in each
defendant's criminal record; the number of individuals released on
recognizance; the number of individuals released on non-monetary condi-
tions, including the conditions imposed; the number of individuals
committed to the custody of a sheriff prior to trial; the rates of fail-
ure to appear and rearrest; the outcome of such cases or dispositions;
whether the defendant was represented by counsel at every court appear-
ance regarding the defendant's securing order; the length of the
pretrial detention stay and any other such information as the chief
administrator and the division of criminal justice services may find
necessary and appropriate. Such annual report shall aggregate the data
collected by county; court, including city, town and village courts; and
judge. The data shall be disaggregated in order to protect the identity
of individual defendants. The report shall be released publicly and
published on the websites of the office of court administration and the
division of criminal justice services. The first report shall be
published eighteen months after this section shall have become a law,
and shall include data from the first twelve months following the enact-
ment of this section. Reports for subsequent years shall be published
annually on or before that date thereafter.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART F
Section 1. Subdivision 1 of section 240 of the domestic relations law
is amended by adding a new paragraph (k) to read as follows:
(K) IN DETERMINING THE BEST INTERESTS OF THE CHILD, THE COURT SHALL
NOT: (1) CONSIDER THE SEX, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER
EXPRESSION OF THE PARTIES; OR (2) PROHIBIT A PARTY FROM UNDERGOING
GENDER REASSIGNMENT.
§ 2. This act shall take effect immediately.
PART G
Intentionally omitted
PART H
Section 1. Subdivisions (a) and (c) of section 712 of the family court
act, as amended by section 1 of part K of chapter 56 of the laws of
2019, are amended to read as follows:
S. 2505--A 36 A. 3005--A
(a) "Person in need of supervision". A person less than eighteen years
of age: (i) who does not attend school in accordance with the provisions
of part one of article sixty-five of the education law; (ii) who is
[incorrigible,] ungovernable or habitually disobedient and beyond the
lawful control of a parent or other person legally responsible for such
child's care, or other lawful authority; (iii) who violates the
provisions of: (1) section 221.05; or (2) 230.00 of the penal law; (iv)
or who appears to be a sexually exploited child as defined in paragraph
(a), (c) or (d) of subdivision one of section four hundred forty-seven-a
of the social services law, but only if the child consents to the filing
of a petition under this article.
(c) "Fact-finding hearing". A hearing to determine whether the
respondent did the acts alleged to show that he or she violated a law or
is [incorrigible,] ungovernable or habitually disobedient and beyond the
control of his or her parents, guardian or legal custodian.
§ 2. Paragraph (i) of subdivision (a) of section 732 of the family
court act, as amended by section 9 of part G of chapter 58 of the laws
of 2010, is amended to read as follows:
(i) the respondent is an habitual truant or is [incorrigible,] ungo-
vernable, or habitually disobedient and beyond the lawful control of his
or her parents, guardian or lawful custodian, or has been the victim of
sexual exploitation as defined in subdivision one of section four
hundred forty-seven-a of the social services law, and specifying the
acts on which the allegations are based and the time and place they
allegedly occurred. Where habitual truancy is alleged or the petitioner
is a school district or local educational agency, the petition shall
also include the steps taken by the responsible school district or local
educational agency to improve the school attendance and/or conduct of
the respondent;
§ 3. Section 773 of the family court act, as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
§ 773. Petition for transfer [for incorrigibility]. Any institution,
society or agency in which a person was placed under section seven
hundred fifty-six OF THIS ARTICLE may petition to the court which made
the order of placement for transfer of that person to a society or agen-
cy, governed or controlled by persons of the same religious faith or
persuasion as that of the child, where practicable, or, if not practica-
ble, to some other suitable institution, or to some other suitable
institution on the ground that [such person]
(a) [is incorrigible and that his or her] THE presence OF SUCH PERSON
is seriously detrimental to the welfare of the applicant institution,
society, agency or other persons in its care, or
(b) after placement by the court, SUCH PERSON was released on parole
or probation from such institution, society or agency and a term or
condition of the release was willfully violated. The petition shall be
verified by an officer of the applicant institution, society or agency
and shall specify the act or acts bringing the person within this
section.
§ 4. Subdivision (h) of section 1012 of the family court act, as added
by chapter 1015 of the laws of 1972, is amended to read as follows:
(h) "Impairment of emotional health" and "impairment of mental or
emotional condition" includes a state of substantially diminished
psychological or intellectual functioning in relation to, but not limit-
ed to, such factors as failure to thrive, control of aggressive or self-
destructive impulses, ability to think and reason, or acting out or
misbehavior, [including incorrigibility,] ungovernability or habitual
S. 2505--A 37 A. 3005--A
truancy; provided, however, that such impairment must be clearly attrib-
utable to the unwillingness or inability of the respondent to exercise a
minimum degree of care toward the child.
§ 5. Section 4111 of the education law is amended to read as follows:
§ 4111. Arrest of truants. Any attendance officer may arrest without
warrant anywhere within the state any Indian child between six and
sixteen years of age, found away from his home and who is then a truant
from instruction upon which he is lawfully required to attend within the
districts of which such attendance officer has jurisdiction. He shall
forthwith deliver a child so arrested either to the person in parental
relation to the child, or to the teacher of the school from which said
child is then a truant, or in case of habitual [or incorrigible]
truants, shall bring them before a magistrate for commitment to a school
for delinquents, as provided in section forty-one hundred twelve OF THIS
ARTICLE.
§ 6. Section 4707 of the education law is amended to read as follows:
§ 4707. Children admitted to such school. Children not more than
eighteen nor less than eight years of age may be admitted to or received
in such school, either (1) upon the application of the parents or guard-
ians having the legal custody or control of such children, accompanied
by the written consent of such parents or guardians, or (2) upon commit-
ment thereto as truants [or incorrigible pupils as provided in section
thirty-two hundred fourteen of this chapter,] or (3) upon commitment
thereto as juvenile delinquents as provided by law, provided that chil-
dren convicted of crime shall not be committed to such school. Children
who have no homes or who are without proper parental control or who are
under improper guardianship may be sent to and received in such school,
in the same manner and under the same authority as in case of other
children who are improperly provided for at home.
§ 7. Subdivision 2 of section 4807 of the education law is amended to
read as follows:
2. Truants[, incorrigible pupils] or children coming within any of the
descriptions mentioned in section thirty-two hundred fourteen of this
chapter upon commitment thereto either by the school authorities or by a
court having jurisdiction thereof.
§ 8. Section 4809 of the education law, as amended by chapter 550 of
the laws of 1978, is amended to read as follows:
§ 4809. Transfer of pupils. The board of managers shall have full
power to transfer to other institutions any child [committed by a court
found to be incorrigible, not amenable to proper discipline and training
of the school, or mentally retarded, in the manner and by the methods
prescribed and set forth in the penal law] IF A COURT GRANTS A PETITION
FOR TRANSFER PURSUANT TO SECTION SEVEN HUNDRED SEVENTY-THREE OF THE
FAMILY COURT ACT.
§ 9. This act shall take effect immediately.
PART I
Section 1. Subdivision 1 of section 5-508 of the election law is
amended by adding two new paragraphs (c) and (d) to read as follows:
(C) "JUDGE" MEANS THE SAME AS SUCH TERM IS DEFINED IN SECTION TWENTY-
SIX OF THE GENERAL CONSTRUCTION LAW, PROVIDED FURTHER THAT IT SHALL
INCLUDE INDIVIDUALS WHO HAVE RETIRED FROM SUCH POSITION.
(D) "IMMEDIATE FAMILY OF JUDGE" MEANS THE PERSONS LEGALLY MARRIED TO A
JUDGE, PERSONS FORMERLY MARRIED TO A JUDGE REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD, THE PARENT, CHILD, SIBLING OF A
S. 2505--A 38 A. 3005--A
JUDGE, AND ANY OTHER PERSON WHO REGULARLY RESIDES OR HAS REGULARLY
RESIDED IN THE SAME HOUSEHOLD AS A JUDGE.
§ 2. Subdivision 2 of section 5-508 of the election law, as amended by
chapter 396 of the laws of 2017, is amended to read as follows:
2. Upon application made to the supreme court, county court, or family
court, in the county wherein a victim of domestic violence, JUDGE, OR
THE IMMEDIATE FAMILY OF A JUDGE, is registered pursuant to this article,
the court may issue an order requiring that any registration record kept
or maintained in accordance with this article and any other records with
respect to such an individual be kept separate and apart from other such
records and not be made available for inspection or copying by the
public or any other person, except election officials acting within the
course and scope of their official duties and only as pertinent and
necessary in connection therewith.
§ 3. Section 5-508 of the election law is amended by adding a new
subdivision 3 to read as follows:
3. ANY PERSON WHO QUALIFIES FOR CONFIDENTIALITY OF REGISTRATION
RECORDS PURSUANT TO THE PROVISIONS OF THIS SECTION MAY ALSO OMIT THEIR
HOME ADDRESS FROM PUBLIC DISPLAY WHERE IT IS OTHERWISE REQUIRED BY THE
PROVISIONS OF THIS CHAPTER BY WRITING "OMITTED" IN ITS PLACE AND, WHERE
REQUIRED, NOTIFYING THE COUNTY BOARD OF ELECTIONS.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART J
Section 1. Subdivision 1 of section 182.20 of the criminal procedure
law, as amended by chapter 332 of the laws of 2009, is amended to read
as follows:
1. Notwithstanding any other provision of law and except as provided
in section 182.30 of this article, the court, in its discretion, may
dispense with the personal appearance of the defendant, except an
appearance at a hearing or trial, and conduct an electronic appearance
in connection with a criminal action pending in [Albany, Bronx, Broome,
Erie, Kings, New York, Niagara, Oneida, Onondaga, Ontario, Orange,
Putnam, Queens, Richmond, St. Lawrence, Tompkins, Chautauqua, Cattarau-
gus, Clinton, Essex, Montgomery, Rensselaer, Warren, Westchester,
Suffolk, Herkimer or Franklin] ANY county, provided that the chief
administrator of the courts has authorized the use of electronic appear-
ance and the defendant, after consultation with counsel, consents on the
record. Such consent shall be required at the commencement of each elec-
tronic appearance to such electronic appearance.
§ 2. This act shall take effect immediately, provided, however, that
the amendments to subdivision 1 of section 182.20 of the criminal proce-
dure law made by section one of this act shall not affect the repeal of
such section and shall be deemed repealed therewith.
PART K
Section 1. Short title. This act shall be known and may be cited as
the "New York state professional policing act of 2021".
§ 2. Legislative findings and declaration. It is hereby declared to
be the policy of this state to promote professional police services and
to ensure that persons appointed to the position of police officer are
held to standards that will ensure that their interactions with all
individuals are appropriate and ensure that the rights of all parties
S. 2505--A 39 A. 3005--A
are respected. Law enforcement agencies and the police officers they
employ interact with many persons, including individuals who are not
residents of their jurisdiction. Ensuring that all New York law enforce-
ment agencies and police officers are held to a similar professional
standard is a matter of substantial state concern.
§ 3. Subdivision 1-a of section 53 of the executive law, as added by
chapter 104 of the laws of 2020, is amended to read as follows:
1-a. receive and investigate complaints from any source, or upon his
or her own initiative, concerning allegations of corruption, fraud, use
of excessive force, criminal activity, conflicts of interest or abuse by
any police officer in a covered agency AND PROMPTLY INFORM THE DIVISION
OF CRIMINAL JUSTICE SERVICES, IN THE FORM AND MANNER AS PRESCRIBED BY
THE DIVISION, OF SUCH ALLEGATIONS AND THE PROGRESS OF INVESTIGATIONS
RELATED THERETO. NOTHING IN THIS SUBDIVISION SHALL REQUIRE THE DIVISION
OF CRIMINAL JUSTICE SERVICES TO TAKE ACTION OR PREVENT THE DIVISION OF
CRIMINAL JUSTICE FROM TAKING ACTION AUTHORIZED PURSUANT TO SUBDIVISION
FOUR OF SECTION EIGHT HUNDRED FORTY-FIVE OF THIS CHAPTER IN THE TIME AND
MANNER DETERMINED BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES.
§ 4. Subdivision 3 of section 75 of the executive law is amended by
adding a new paragraph (b-1) to read as follows:
(B-1) PROMPTLY INFORM THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN
THE FORM AND MANNER PRESCRIBED BY THE DIVISION, OF SUCH ALLEGATIONS AND
THE PROGRESS OF INVESTIGATIONS RELATED THERETO. NOTHING IN THIS PARA-
GRAPH SHALL REQUIRE THE DIVISION OF CRIMINAL JUSTICE SERVICES TO TAKE
ACTION OR PREVENT THE DIVISION OF CRIMINAL JUSTICE FROM TAKING ACTION
AUTHORIZED PURSUANT TO SUBDIVISION FOUR OF SECTION EIGHT HUNDRED FORTY-
FIVE OF THIS CHAPTER IN THE TIME AND MANNER DETERMINED BY THE COMMIS-
SIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES;
§ 5. Paragraph (c) of subdivision 5 of section 75 of the executive
law, as added by chapter 104 of the laws of 2020, is amended to read as
follows:
(c) The head of any covered agency shall advise the governor, the
temporary president of the senate, the speaker of the assembly, the
minority leader of the senate [and], the minority leader of the assembly
AND THE DIVISION OF CRIMINAL JUSTICE SERVICES within ninety days of the
issuance of a report by the law enforcement misconduct investigative
office as to the remedial action that the agency has taken in response
to any recommendation for such action contained in such report.
§ 6. Subdivision 4 of section 837 of the executive law is amended by
adding a new paragraph (e-1) to read as follows:
(E-1) COLLECT DEMOGRAPHIC DATA WITH RESPECT TO PERSONS APPOINTED AS A
POLICE OFFICER, INCLUDING BUT NOT LIMITED TO RACIAL AND GENDER CHARAC-
TERISTICS; AND
§ 7. Subdivisions 1 and 5 of section 839 of the executive law, subdi-
vision 1 as added by chapter 399 of the laws of 1972, subdivision 5 as
amended by chapter 459 of the laws of 1975 and such section as renum-
bered by chapter 603 of the laws of 1973, are amended to read as
follows:
1. There is hereby created within the division a municipal police
training council composed of [eight] TEN members, who shall be selected
as follows:
(a) [three] ONE shall be appointed by the governor WHO SHALL BE A
FULL-TIME FACULTY MEMBER OF A COLLEGE OR UNIVERSITY WHO TEACHES IN THE
AREA OF CRIMINAL JUSTICE OR POLICE SCIENCE;
S. 2505--A 40 A. 3005--A
(b) [two] ONE shall be appointed by the governor from a list of at
least [six] THREE nominees submitted by the New York state sheriffs'
association, who shall be incumbent sheriffs in the state having at
least two years of service on the law enforcement training committee of
such association or having other specialized experience in connection
with police training which, in the opinion of the chairman of such law
enforcement training committee, provides the sheriff with at least an
equivalent background in the field of police training; and
(c) [two] ONE shall be appointed by the governor from a list of at
least [six] THREE nominees submitted by the New York state association
of chiefs of police, who shall be incumbent chiefs of police or commis-
sioners of police of a municipality in the state having at least two
years of service on the police training committee of such association or
having other specialized experience in connection with police training
which, in the opinion of the chairman of such training committee,
provides the chief of police or commissioner of police with at least an
equivalent background in the field of police training; and
(d) one shall be the commissioner of police of the city of New York or
a member of his department, designated by such commissioner and approved
by the governor[.]; AND
(E) ONE SHALL BE THE SUPERINTENDENT OF THE STATE POLICE; AND
(F) ONE SHALL BE APPOINTED BY THE GOVERNOR WHO SHALL BE AN INCUMBENT
CHIEF OF POLICE OR COMMISSIONER OF POLICE FROM A MUNICIPALITY IN THE
STATE WITH A POLICE DEPARTMENT CONSISTING OF MORE THAN ONE HUNDRED OFFI-
CERS; AND
(G) ONE SHALL BE APPOINTED BY THE GOVERNOR WHO SHALL BE AN INCUMBENT
SHERIFF IN THE STATE FROM AN AGENCY WITH MORE THAN ONE HUNDRED DEPUTY
SHERIFFS; AND
(H) ONE SHALL BE APPOINTED BY THE GOVERNOR WHO SHALL BE A REPRESEN-
TATIVE OF VICTIMS OF CRIME; AND
(I) ONE SHALL BE APPOINTED BY THE GOVERNOR WHO SHALL BE A REPRESEN-
TATIVE FROM A COMMUNITY WITH HIGH NUMBERS OF POLICE AND COMMUNITY INTER-
ACTIONS; AND
(J) ONE SHALL BE APPOINTED BY THE GOVERNOR WHO SHALL BE AN INCUMBENT
EXECUTIVE FROM A PEACE OFFICER EMPLOYING AGENCY OR MUNICIPALITY.
5. The council shall meet at least four times in each year. Special
meetings may be called by the chairman and shall be called by him at the
request of the governor or upon the written request of [five] SIX
members of the council. The council may establish its own requirements
as to quorum and its own procedures with respect to the conduct of its
meetings and other affairs; provided, however, that all recommendations
made by the council to the governor pursuant to subdivision one of
section eight hundred forty of this chapter shall require the affirma-
tive vote of [five] SIX members of the council.
§ 8. Paragraph (h) of subdivision 1 of section 840 of the executive
law is REPEALED.
§ 9. Subdivision 2 of section 840 of the executive law, as amended by
chapter 66 of the laws of 1973, is amended to read as follows:
2. The council shall promulgate, and may from time to time amend, such
rules and regulations prescribing height, weight [and], physical fitness
AND PSYCHOLOGICAL requirements for eligibility of persons for provi-
sional or permanent appointment in the competitive class of the civil
service as police officers of any county, city, town, village or police
district as it deems necessary and proper for the efficient performance
of police duties.
S. 2505--A 41 A. 3005--A
§ 10. Section 840 of the executive law is amended by adding a new
subdivision 2-b to read as follows:
2-B. THE COUNCIL SHALL PROMULGATE, AND MAY FROM TIME TO TIME AMEND,
SUCH RULES AND REGULATIONS PRESCRIBING BACKGROUND INVESTIGATIONS FOR
ELIGIBILITY OF PERSONS FOR PROVISIONAL OR PERMANENT APPOINTMENT IN THE
COMPETITIVE CLASS OF THE CIVIL SERVICE AS POLICE OFFICERS OF ANY COUNTY,
CITY, TOWN, VILLAGE OR POLICE DISTRICT AS IT DEEMS NECESSARY AND PROPER
FOR THE EFFICIENT PERFORMANCE OF POLICE DUTIES, WHICH REQUIREMENTS SHALL
BE INCORPORATED BY THE LAW ENFORCEMENT ACCREDITATION COUNCIL AS PART OF
THE MANDATORY ACCREDITATION PURSUANT TO THIS CHAPTER.
§ 11. Subdivision 4 of section 845 of the executive law, as added by
chapter 491 of the laws of 2010, is amended to read as follows:
4. Upon the failure or refusal to comply with the requirements of
subdivision two of this section, [the commissioner may apply to the
supreme court for an order directed to the person responsible requiring
compliance. Upon such application the court may issue such order as may
be just, and a failure to comply with the order of the court shall be a
contempt of court and punishable as such] OR UPON INFORMATION INDICATING
THAT A REPORT MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION DOES NOT
ACCURATELY REFLECT THE CIRCUMSTANCES PERTAINING TO AN OFFICER WHO HAS
CEASED TO SERVE, THE COMMISSIONER MAY UPDATE THE CENTRAL REGISTRY OF
POLICE AND PEACE OFFICERS TO ACCURATELY REFLECT THE INFORMATION REQUIRED
BY SUBDIVISION TWO OF THIS SECTION. THE COMMISSIONER MAY CONSIDER RELI-
ABLE HEARSAY EVIDENCE IN MAKING A DETERMINATION TO UPDATE THE CENTRAL
REGISTRY OF POLICE AND PEACE OFFICERS. AN AGENCY RESPONSIBLE FOR COMPLI-
ANCE WITH SUBDIVISION TWO OF THIS SECTION OR AN INDIVIDUAL AFFECTED BY
SUCH REPORTING, MAY APPLY TO A COURT, PURSUANT TO THE PROVISIONS OF
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, UPON A
DISPUTE CONCERNING THE ACCURACY OF THE INFORMATION MAINTAINED ON THE
CENTRAL REGISTRY OF POLICE AND PEACE OFFICERS.
§ 12. Paragraph (c) of subdivision 1 of section 846-h of the executive
law, as added by chapter 521 of the laws of 1988, is amended and new
paragraph (d) is added to read as follows:
(c) The council shall recommend rules and regulations establishing
[an] A VOLUNTARY accreditation process that encourages and provides law
enforcement agencies with a voluntary opportunity to demonstrate that
they meet the model standards developed by the council. The accredi-
tation process shall provide that applications for accreditation shall
be submitted by the chief law enforcement officer of the agency so
applying only upon the approval of the chief elected officer, or if
there is no chief elected officer, by the local governing body. Such
model standards and rules and regulations shall be transmitted to the
temporary president of the senate, the speaker of the assembly, every
law enforcement agency, mayor and appropriate town and county official
in the state on or before April first, nineteen hundred eighty-nine. The
rules and regulations in final form shall be transmitted to the governor
on or after June first, nineteen hundred eighty-nine and shall be effec-
tive following their approval by the governor. ACCREDITATION OF HIRING
PRACTICES ONLY SHALL, HOWEVER, BE MANDATORY FOR AGENCIES EMPLOYING
POLICE OFFICERS DEFINED IN PARAGRAPHS (B), (C), (D), (E), (F), (J), (K),
(L), (O), (P), (S) AND (U) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW ONLY AFTER THE COUNCIL PROMULGATES RULES AND
REGULATIONS SOLELY FOR THE PURPOSE OF ENSURING HIRING PRACTICES PROTECT
THE INTEGRITY OF THE DEPARTMENT WHICH MAY PROMULGATE REQUIREMENTS
RELATED TO HIRING, BACKGROUND CHECKS, VERIFICATION OF GOOD MORAL CHARAC-
TER AND THE REPORTING OF MISCONDUCT TO THE DIVISION.
S. 2505--A 42 A. 3005--A
(D) THE COUNCIL MAY REVOKE, OR WITHHOLD THE GRANTING OF, THE ACCREDI-
TATION STATUS OF AN AGENCY FOR FAILURE TO ADHERE TO MANDATORY ACCREDI-
TATION STANDARDS LISTED IN PARAGRAPH (C) OF THIS SUBDIVISION, OR FOR ANY
AGENCY THAT HAS VOLUNTARILY ADOPTED ADDITIONAL ACCREDITATION STANDARDS,
SUCH ACCREDITATION MAY BE REVOKED AS TO SUCH AGENCY FOR SUCH STANDARDS.
§ 13. Subdivisions 2, 4 and 5 of section 846-h of the executive law,
as added by chapter 521 of the laws of 1988, are amended to read as
follows:
2. (a) The law enforcement agency accreditation council shall consist
of:
(i) [Three] TWO incumbent sheriffs of the state;
(ii) [Three] TWO incumbent chiefs of police;
(iii) One incumbent deputy sheriff;
(iv) One incumbent police officer;
(v) The superintendent of state police;
(vi) The commissioner of police of the city of New York;
(vii) One incumbent chief executive officer of a county of the state;
(viii) One incumbent mayor of a city or village of the state;
(ix) One incumbent chief executive officer of a town of the state;
(x) One member of a statewide labor organization representing police
officers as that term is defined in subdivision thirty-four of section
1.20 of the criminal procedure law;
(xi) One full-time faculty member of a college or university who
teaches in the area of criminal justice or police science; [and]
(xii) Two members appointed pursuant to subparagraph (ix) of paragraph
(c) of this subdivision.
(xiii) One incumbent chief of police or commissioner of police from a
municipality in the state with a police department consisting of more
than one hundred officers;
(xiv) One incumbent sheriff in the state from an agency with more than
one hundred deputy sheriffs;
(xv) One representative of victims of crime; and
(xvi) One representative from a community with high numbers of police
an community interactions.
(b) With the exception of the superintendent of state police and the
commissioner of police of the city of New York, each member of the coun-
cil shall be appointed by the governor to serve a [two year] TWO-YEAR
term. Any member appointed by the governor may be reappointed for addi-
tional terms.
(c) The governor shall make appointments to the council as follows:
(i) Each member who is an incumbent sheriff of the state shall be
chosen from a list of two eligible persons submitted by the New York
state sheriffs' association;
(ii) Each member who is an incumbent chief of police shall be chosen
from a list of two eligible persons submitted by the New York state
association of chiefs of police;
(iii) The member who is an incumbent deputy sheriff shall be chosen
from a list of two eligible persons submitted jointly by the New York
state sheriffs' association and the New York state deputy sheriffs'
association, inc.;
(iv) The member who is an incumbent police officer shall be chosen
from a list of two eligible persons submitted jointly by the New York
state association of chiefs of police and a statewide labor organization
representing police officers as that term is defined in subdivision
thirty-four of section 1.20 of the criminal procedure law;
S. 2505--A 43 A. 3005--A
(v) The member who is an incumbent chief executive officer of a county
of the state shall be chosen from a list of two eligible persons submit-
ted by the New York state association of counties;
(vi) The member who is an incumbent mayor of a city or village of the
state shall be chosen from a list of two eligible persons submitted by
the New York state conference of mayors;
(vii) The member who is an incumbent chief executive officer of a town
of the state shall be chosen from a list of two eligible persons submit-
ted by the association of towns of the state of New York;
(viii) The governor may appoint any eligible person to be a member who
is an active member of a statewide labor organization representing
police officers; and
(ix) The temporary president of the senate and the speaker of the
assembly shall each nominate one member as provided in subparagraph
(xii) of paragraph (a) of this subdivision.
(d) In making such appointments, the governor shall select individuals
from municipalities that are representative, to the extent possible, of
the varying sizes of communities and law enforcement agencies in the
state.
(e) Any member chosen to fill a vacancy, including a vacancy in the
chairperson, created otherwise than by expiration of term shall be
appointed by the governor for the unexpired term of the member he is to
succeed. Any such vacancy shall be filled in the same manner as the
original appointment.
(f) Any member who shall cease to hold the position which qualified
him for such appointment shall cease to be a member of the council.
4. The governor shall designate from among the members of the council
a chairperson who shall serve at the pleasure of the governor. DURING A
VACANCY OF THE CHAIRPERSON THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL SERVE AS THE TEMPORARY CHAIRPERSON.
5. The law enforcement agency accreditation council shall meet at
least four times in a year. Special meetings may be called by the chair-
person and shall be called by him at the request of the governor or upon
the written request of [nine] TEN members of the council. The council
may establish its own QUORUM rules and procedures with respect to the
conduct of its meetings and other affairs not inconsistent with law;
PROVIDED, HOWEVER, THAT ALL RECOMMENDATIONS MADE BY THE COUNCIL TO THE
GOVERNOR AS PROVIDED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION
SHALL REQUIRE THE AFFIRMATIVE VOTE OF TEN MEMBERS OF THE COUNCIL.
§ 14. Paragraphs (b), (c), (d), (e), (f), (j), (k), (l), (o), (p), (s)
and (u) of subdivision 34 of section 1.20 of the criminal procedure law,
paragraph (e) as amended by chapter 662 of the laws of 1972, paragraph
(f) as amended by chapter 22 of the laws of 1974, paragraph (j) as
amended by chapter 858 of the laws of 1972, paragraph (k) as separately
amended by chapters 282 and 877 of the laws of 1974, paragraph (l) as
added by chapter 282 of the laws of 1974, paragraph (o) as amended by
chapter 599 of the laws of 2000, paragraph (p) as amended by chapter 476
of the laws of 2018, paragraph (s) as added by chapter 424 of the laws
of 1998 and paragraph (u) as added by chapter 558 of the laws of 2005,
are amended to read as follows:
(b) Sheriffs, under-sheriffs and deputy sheriffs of counties outside
of New York City WHERE SUCH DEPARTMENT MEETS THE MANDATORY ACCREDITATION
REQUIREMENTS PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H OF THE EXECU-
TIVE LAW;
(c) A sworn officer of an authorized county or county parkway police
department WHERE SUCH DEPARTMENT MEETS THE MANDATORY ACCREDITATION
S. 2505--A 44 A. 3005--A
REQUIREMENTS PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H OF THE EXECU-
TIVE LAW;
(d) A sworn officer of an authorized police department or force of a
city, town, village or police district WHERE SUCH DEPARTMENT OR FORCE
MEETS THE MANDATORY ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT
HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW;
(e) A sworn officer of an authorized police department of an authority
or a sworn officer of the state regional park police in the office of
parks and recreation WHERE SUCH DEPARTMENT OR FORCE MEETS THE MANDATORY
ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H
OF THE EXECUTIVE LAW;
(f) A sworn officer of the capital police force of the office of
general services WHERE SUCH FORCE MEETS THE MANDATORY ACCREDITATION
REQUIREMENTS PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H OF THE EXECU-
TIVE LAW;
(j) A sworn officer of the division of law enforcement in the depart-
ment of environmental conservation WHERE SUCH DIVISION MEETS THE MANDA-
TORY ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT HUNDRED
FORTY-SIX-H OF THE EXECUTIVE LAW;
(k) A sworn officer of a police force of a public authority created by
an interstate compact WHERE SUCH FORCE MEETS THE MANDATORY ACCREDITATION
REQUIREMENTS PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H OF THE EXECU-
TIVE LAW;
(l) Long Island railroad police[.] WHERE SUCH DEPARTMENT OR FORCE
MEETS THE MANDATORY ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT
HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW;
(o) A sworn officer of the water-supply police employed by the city of
New York, appointed to protect the sources, works, and transmission of
water supplied to the city of New York, and to protect persons on or in
the vicinity of such water sources, works, and transmission[.] WHERE
SUCH DEPARTMENT OR FORCE MEETS THE MANDATORY ACCREDITATION REQUIREMENTS
PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW;
(p) Persons appointed as railroad police officers pursuant to section
eighty-eight of the railroad law[.] WHERE SUCH DEPARTMENT OR FORCE MEETS
THE MANDATORY ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT
HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW;
(s) A university police officer appointed by the state university
pursuant to paragraph 1 of subdivision two of section three hundred
fifty-five of the education law[.] WHERE SUCH DEPARTMENT OR FORCE MEETS
THE MANDATORY ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT
HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW;
(u) Persons appointed as Indian police officers pursuant to section
one hundred fourteen of the Indian law[.] WHERE SUCH DEPARTMENT OR FORCE
MEETS THE MANDATORY ACCREDITATION REQUIREMENTS PURSUANT TO SECTION EIGHT
HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW;
§ 15. The opening paragraph of paragraph (b) and paragraph (c) of
subdivision 1 and paragraph a of subdivision 2 of section 209-q of the
general municipal law, the opening paragraph of paragraph (b) and para-
graph (c) of subdivision 1 as amended by chapter 551 of the laws of 2001
and paragraph a of subdivision 2 as amended by chapter 435 of the laws
of 1997, are amended to read as follows:
[A] UNLESS OTHERWISE DETERMINED BY THE COMMISSIONER OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES, A certificate attesting to satisfactory
completion of an approved municipal police basic training program
awarded by the executive director of the municipal police training coun-
cil pursuant to this subdivision shall remain valid:
S. 2505--A 45 A. 3005--A
(c) As used in this subdivision, the term "interruption" shall mean a
period of separation from employment as a police officer or peace offi-
cer who has an equivalency certificate for police officer training or an
approved course for state university of New York public safety officers
issued in accordance with subdivision three of section eight hundred
forty-one of the executive law, by reason of such officer's leave of
absence, resignation or removal, other than removal for cause WHERE THE
CERTIFICATE IS PERMANENTLY INVALID.
a. The term "police officer", as used in this section, shall mean a
[member of a police force or other organization of a municipality or a
detective or rackets investigator employed by the office of the district
attorney in any county located in a city of one million or more persons
who is responsible for the prevention or detection of crime and the
enforcement of the general criminal laws of the state, but shall not
include any person serving as such solely by virtue of his occupying any
other office or position, nor shall such term include a sheriff or
under-sheriff, the sheriff or deputy sheriff of the city of New York,
commissioner of police, deputy or assistant commissioner of police,
chief of police, deputy or assistant chief of police or any person
having an equivalent title who is appointed or employed by a county,
city, town, village or police district to exercise equivalent superviso-
ry authority] PERSON DEFINED AS A POLICE OFFICER PURSUANT TO SUBDIVISION
THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW WHO IS
APPOINTED OR EMPLOYED BY A COUNTY, CITY, TOWN, VILLAGE OR POLICE
DISTRICT.
§ 16. Paragraph (a-1) of subdivision 4 of section 1279 of the public
authorities law, as added by chapter 104 of the laws of 2020, is amended
to read as follows:
(a-1) to receive and investigate complaints from any source, or upon
his or her own initiative, concerning allegations of corruption, fraud,
use of excessive force, criminal activity, conflicts of interest or
abuse by any police officer under the jurisdiction of the office of the
metropolitan transportation authority AND PROMPTLY INFORM THE DIVISION
OF CRIMINAL JUSTICE SERVICES, IN THE FORM AND MANNER AS PRESCRIBED BY
THE DIVISION, OF SUCH ALLEGATIONS AND THE PROGRESS OF INVESTIGATIONS
RELATED THERETO. NOTHING IN THIS PARAGRAPH SHALL REQUIRE THE DIVISION OF
CRIMINAL JUSTICE SERVICES TO TAKE ACTION OR PREVENT THE DIVISION OF
CRIMINAL JUSTICE SERVICES FROM TAKING ACTION AUTHORIZED PURSUANT TO
SUBDIVISION FOUR OF SECTION EIGHT HUNDRED FORTY-FIVE OF THE EXECUTIVE
LAW IN THE TIME AND MANNER DETERMINED BY THE COMMISSIONER OF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES.
§ 17. Paragraphs (c) and (d) of subdivision 1 of section 58 of the
civil service law, as amended by chapter 244 of the laws of 2013, are
amended to read as follows:
(c) he or she satisfies the height, weight [and], physical AND PSYCHO-
LOGICAL fitness requirements prescribed by the municipal police training
council pursuant to the provisions of section eight hundred forty of the
executive law; and
(d) he or she is of good moral character AS DETERMINED BY A BACKGROUND
INVESTIGATION STANDARD PROMULGATED BY THE MUNICIPAL POLICE TRAINING
COUNCIL PURSUANT TO THE PROVISIONS OF SECTION EIGHT HUNDRED FORTY OF THE
EXECUTIVE LAW OR PURSUANT TO THE MANDATORY ACCREDITATION STANDARDS
PURSUANT TO SECTION EIGHT HUNDRED FORTY-SIX-H OF THE EXECUTIVE LAW.
§ 18. Subdivision 5 of section 58 of the civil service law is REPEALED
and subdivision 6 is renumbered subdivision 5.
S. 2505--A 46 A. 3005--A
§ 19. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided however the amendments to
paragraph (c) of subdivision 1 of section 846-h of the executive law
made by section twelve of this act and the amendments to subdivision 34
of section 1.20 of the criminal procedure law made by section fourteen
of this act pertaining to the required accreditation of police agencies
shall take effect three years after such effective date; and provided
further that if chapter 104 of the laws of 2020 shall not have taken
effect on or before such date then sections three, four, five and
sixteen of this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2020, takes effect.
PART L
Section 1. Section 63 of the executive law is amended by adding a new
subdivision 17 to read as follows:
17. (A) ANY LOCAL GOVERNMENT ENTITY WHICH HAS A POLICE AGENCY OPERAT-
ING WITH POLICE OFFICERS AS DEFINED UNDER SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW THAT FAILS TO TRANSMIT TO THE DIRECTOR OF THE DIVISION OF
THE BUDGET THE CERTIFICATION REQUIRED BY EXECUTIVE ORDER NUMBER TWO
HUNDRED THREE ISSUED ON JUNE TWELFTH, TWO THOUSAND TWENTY AND TITLED
"NEW YORK STATE POLICE REFORM AND REINVENTION COLLABORATIVE" ON OR
BEFORE APRIL FIRST, TWO THOUSAND TWENTY-ONE SHALL, UPON REQUEST OF THE
GOVERNOR OR THE DIRECTOR OF THE DIVISION OF THE BUDGET, BE REQUIRED TO
INSTALL A MONITOR, TO OVERSEE OPERATIONS OF SUCH POLICE AGENCY, UNTIL
SUCH TIME THAT THE REQUIRED CERTIFICATION IS SUBMITTED TO THE DIRECTOR
OF THE DIVISION OF THE BUDGET. SUCH MONITOR SHALL BE APPOINTED BY THE
ATTORNEY GENERAL, IN CONSULTATION WITH THE GOVERNOR, AT THE EXPENSE OF
THE POLICE AGENCY OR RESPONSIBLE LOCAL GOVERNMENT. THE CERTIFICATION
FILED WITH THE DIRECTOR OF THE DIVISION OF THE BUDGET MUST AFFIRM THAT
SUCH LOCAL GOVERNMENT HAS COMPLIED WITH THE PROCESS SET FORTH IN EXECU-
TIVE ORDER NUMBER TWO HUNDRED THREE BY ADOPTING A LOCAL LAW OR RESOL-
UTION THAT INCLUDES ITS PLAN TO ADOPT AND IMPLEMENT THE RECOMMENDATIONS
RESULTING FROM ITS REVIEW AND CONSULTATION WITH THE COMMUNITY TO IMPROVE
SUCH POLICE FORCE DEPLOYMENTS, STRATEGIES, POLICIES, PROCEDURES, AND
PRACTICES FOR THE PURPOSES OF ADDRESSING THE PARTICULAR NEEDS OF THE
COMMUNITIES SERVED BY SUCH POLICE AGENCY AND PROMOTE COMMUNITY ENGAGE-
MENT TO FOSTER TRUST, FAIRNESS, AND LEGITIMACY, AND TO ADDRESS ANY
RACIAL BIAS AND DISPROPORTIONATE POLICING OF COMMUNITIES OF COLOR.
(B) THE APPOINTMENT OF A MONITOR, PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, SHALL BE IMPOSED IN ADDITION TO ANY WITHHOLDING OF APPRO-
PRIATED STATE OR FEDERAL FUNDS BY THE DIRECTOR OF THE DIVISION OF THE
BUDGET IN ACCORDANCE WITH THE AUTHORITY GRANTED IN ANY APPROPRIATIONS
BILL ENACTED FOR SUCH FISCAL YEARS IN WHICH SUCH WITHHOLDING OF FUNDS
OCCURS, AS DIRECTED BY EXECUTIVE ORDER NUMBER TWO HUNDRED THREE.
§ 2. This act shall take effect immediately.
PART M
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,
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.
S. 2505--A 47 A. 3005--A
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021 and shall
expire and be deemed repealed March 31, 2023.
PART N
Section 1. Section 265.17 of the penal law, as amended by chapter 1
of the laws of 2013, is amended to read as follows:
§ 265.17 Criminal purchase or disposal of a weapon.
A person is guilty of criminal purchase or disposal of a weapon when:
1. Knowing that he or she is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction or because of
some other disability which would render him or her ineligible to
lawfully possess a firearm, rifle or shotgun in this state, OR HE OR SHE
BEING THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST ISSUED UPON THE
ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE, such person purchases
OR OTHERWISE ACQUIRES a firearm, rifle or shotgun from another person;
or
2. Knowing that it would be unlawful for another person to possess a
firearm, rifle or shotgun, OR KNOWING THAT ANOTHER PERSON IS THE SUBJECT
OF AN OUTSTANDING WARRANT OF ARREST ISSUED UPON THE ALLEGED COMMISSION
OF A FELONY OR SERIOUS OFFENSE, he or she purchases OR OTHERWISE
ACQUIRES a firearm, rifle or shotgun for, on behalf of, or for the use
of such other person; or
3. Knowing that another person is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction or because of
some other disability which would render him or her ineligible to
lawfully possess a firearm, rifle or shotgun in this state, OR KNOWING
THAT ANOTHER PERSON IS THE SUBJECT OF AN OUTSTANDING WARRANT OF ARREST
ISSUED UPON THE ALLEGED COMMISSION OF A FELONY OR SERIOUS OFFENSE, a
person disposes of a firearm, rifle or shotgun to such other person.
Criminal purchase or disposal of a weapon is a class D felony.
§ 2. This act shall take effect July 1, 2021.
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
S. 2505--A 48 A. 3005--A
THE COMMISSION OF A CRIME, OR IS OTHERWISE RECOVERED BY SUCH AGENCY AS
AN ABANDONED OR DISCARDED GUN, SUCH 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 SUCH AGENCY HAS TAKEN
POSSESSION OF SUCH GUN. EVERY REPORT MADE TO THE CRIMINAL GUN CLEARING-
HOUSE SHALL RESULT IN THE SUBMISSION OF A REQUEST TO THE NATIONAL TRAC-
ING CENTER OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES TO
INITIATE A TRACE OF SUCH GUN AND THE BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES SHALL BE DIRECTED TO PROVIDE THE GUN TRACE
RESULTS 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 DATA 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 IN OR ASSOCI-
ATED WITH THE COMMISSION OF A CRIME, OR IS OTHERWISE RECOVERED BY SUCH
AGENCY AS AN ABANDONED OR DISCARDED GUN, SUCH AGENCY SHALL ARRANGE FOR
EVERY SUCH GUN THAT IS DETERMINED TO BE OF A TYPE THAT IS ELIGIBLE FOR
NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK DATA ENTRY AND CORRE-
LATION TO BE TEST-FIRED AS SOON AS PRACTICABLE, AND THE RESULTS OF SUCH
TEST-FIRING SHALL BE SUBMITTED FORTHWITH TO THE NATIONAL INTEGRATED
BALLISTIC INFORMATION NETWORK TO DETERMINE WHETHER SUCH GUN IS ASSOCI-
ATED 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 SEIZES OR RECOV-
ERS ANY AMMUNITION CARTRIDGE CASE FROM THE SCENE OF A CRIME THAT IS OF A
TYPE THAT IS ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC INFORMATION
NETWORK DATA ENTRY AND CORRELATION, OR OTHERWISE HAS REASON TO BELIEVE
THAT ANY SEIZED OR RECOVERED AMMUNITION CARTRIDGE CASE THAT IS OF A TYPE
THAT IS ELIGIBLE FOR NATIONAL INTEGRATED BALLISTIC INFORMATION NETWORK
DATA ENTRY AND CORRELATION IS RELATED TO OR ASSOCIATED WITH THE COMMIS-
SION OF A CRIME OR THE UNLAWFUL DISCHARGE OF A GUN, SUCH 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, SUCH AGENCY SHALL PROMPTLY ENTER THE MAKE, MODEL, CALIBER, AND
SERIAL NUMBER OF SUCH GUN INTO THE NATIONAL CRIME INFORMATION CENTER
SYSTEM TO DETERMINE WHETHER SUCH 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 July 1, 2021.
PART P
S. 2505--A 49 A. 3005--A
Section 1. Section 5 of chapter 268 of the laws of 1996, amending the
education law and the state finance law relating to providing a recruit-
ment incentive and retention program for certain active members of the
New York army national guard, New York air national guard, and New York
naval militia, as amended by section 1 of part E of chapter 57 of the
laws of 2016, is amended to read as follows:
§ 5. This act shall take effect January 1, 1997 and shall expire and
be deemed repealed September 1, [2021] 2026; provided that any person
who has begun to receive the benefits of this act prior to its expira-
tion and repeal shall be entitled to continue to receive the benefits of
this act after its expiration and repeal until completion of a baccalau-
reate degree or cessation of status as an active member, whichever
occurs first.
§ 2. This act shall take effect immediately.
PART Q
Section 1. Paragraph (d) of subdivision 2 of section 8-400 of the
election law, as separately amended by chapters 97 and 104 of the laws
of 2010, is amended to read as follows:
(d) The board of elections shall mail an absentee ballot to every
qualified voter otherwise eligible for such a ballot, who requests such
an absentee ballot from such board of elections in writing in a letter,
telefax indicating the address, phone number and the telefax number from
which the writing is sent or other written instrument, which is signed
by the voter and received by the board of elections not earlier than the
[thirtieth] FORTY-FIFTH day nor later than the seventh day before the
election for which the ballot is first requested and which states the
address where the voter is registered and the address to which the
ballot is to be mailed; provided, however, a military voter may request
a military ballot or voter registration application or an absentee
ballot application in a letter as provided in subdivision three of
section 10-106 of this chapter; and provided further, a special federal
voter may request a special federal ballot or voter registration appli-
cation or an absentee ballot application in a letter as provided in
paragraph d of subdivision one of section 11-202 of this chapter. The
board of elections shall enclose with such ballot a form of application
for absentee ballot if the applicant is registered with such board of
elections.
§ 2. This act shall take effect immediately.
PART R
Section 1. Section 8-406 of the election law, as amended by chapter
296 of the laws of 1988, is amended to read as follows:
§ 8-406. Absentee ballots, delivery of. If the board shall find that
the applicant is a qualified voter of the election district containing
[his] THE APPLICANT'S residence as stated in [his] THE APPLICANT'S
statement and that [his] THE APPLICANT'S statement is sufficient, it
shall, as soon as practicable after it shall have determined [his] THE
APPLICANT'S right thereto, AND WITHIN FOUR BUSINESS DAYS OF RECEIVING
THE APPLICATION, OR, WHERE THE APPLICATION WAS RECEIVED BETWEEN THE
TENTH DAY AND NOT LATER THAN THE SEVENTH DAY BEFORE THE ELECTION, WITHIN
TWENTY-FOUR HOURS, mail to [him] THE APPLICANT at an address designated
by [him] THE APPLICANT, or deliver to [him] THE APPLICANT, or to any
person designated for such purpose in writing by [him] THE APPLICANT, at
S. 2505--A 50 A. 3005--A
the office of the board, such an absentee voter's ballot or set of
ballots and an envelope therefor. If the ballot or ballots are to be
sent outside of the United States to a country other than Canada or
Mexico, such ballot or ballots shall be sent by air mail. However, if an
applicant who is eligible for an absentee ballot is a resident of a
facility operated or licensed by, or under the jurisdiction of, the
department of mental hygiene, or a resident of a facility defined as a
nursing home or residential health care facility pursuant to subdivi-
sions two and three of section two thousand eight hundred one of the
public health law, or a resident of a hospital or other facility oper-
ated by the Veteran's Administration of the United States, such absentee
ballot need not be so mailed or delivered to any such applicant but, may
be delivered to the voter in the manner prescribed by section 8-407 of
this [chapter] TITLE if such facility is located in the county or city
in which such voter is eligible to vote.
§ 2. This act shall take effect immediately.
PART S
Section 1. Paragraphs (a), (b) and (c) of subdivision 4 of section
8-600 of the election law, as added by chapter 6 of the laws of 2019,
are amended to read as follows:
(a) Polls shall be open for early voting for at least eight hours
between seven o'clock in the morning and [eight] NINE o'clock in the
evening each week day during the early voting period.
(b) At least one polling place for early voting shall remain open
until [eight] NINE o'clock in the evening on at least [two] THREE week
days in each calendar week during the early voting period. If polling
places for early voting are limited to voters from certain areas pursu-
ant to subdivision three of this section, polling places that remain
open until [eight] NINE o'clock shall be designated such that any person
entitled to vote early may vote until [eight] NINE o'clock in the even-
ing on at least [two] THREE week days during the early voting period.
(c) Polls shall be open for early voting for at least [five] TEN hours
between nine o'clock in the morning and [six] NINE o'clock in the even-
ing on each Saturday, Sunday and legal holiday during the early voting
period.
§ 2. This act shall take effect immediately.
PART T
Section 1. Subdivision 1 of section 9-209 of the election law, as
amended by chapter 104 of the laws of 2010, is amended to read as
follows:
1. (a) The board of elections shall designate itself or such of its
employees as it shall deem appropriate as a set of poll clerks to EXAM-
INE, cast and canvass such ballots, and fix a time and place for their
meeting for such [purpose, provided that such meeting shall be no more
than fourteen days after a general or special election and no more than
eight days after a primary election at which such ballots are voted.]
PURPOSES. STARTING FORTY DAYS PRIOR TO THE DAY OF THE ELECTION, SUCH
POLL CLERKS SHALL EXAMINE AND DETERMINE THE VALIDITY OF ABSENTEE BALLOT
ENVELOPES AS THEY ARE RECEIVED BY THE BOARD OF ELECTIONS. SUCH EXAMINA-
TION SHALL OCCUR EVERY BUSINESS DAY PRIOR TO THE DAY OF THE ELECTION,
OR, UPON BIPARTISAN AGREEMENT, ON SUCH OTHER SCHEDULE AS DETERMINED BY
S. 2505--A 51 A. 3005--A
THE BOARD, PROVIDED THAT THE BOARD POST WHEN SUCH EXAMINATIONS SHALL
OCCUR ON ITS WEBSITE.
(B) BEGINNING FOUR HOURS BEFORE THE CLOSE OF POLLS ON THE ELECTION
DAY, BOARD OF ELECTIONS EMPLOYEES SHALL BEGIN TO PREPARE AND CANVASS
VALID ABSENTEE BALLOTS RECEIVED PRIOR TO SUCH DATE FOR CANVASSING BY
HAND OR CENTRAL SCANNER. SUCH PREPARATION SHALL INCLUDE, BUT NOT BE
LIMITED TO, REVIEWING THE VOTER HISTORY RECORD FOR EACH VOTER WHO
SUBMITTED AN ABSENTEE BALLOT TO REFLECT ANY INSTANCE OF EARLY VOTING BY
SUCH VOTERS, OPENING ABSENTEE BALLOT AFFIRMATION ENVELOPES, REMOVING
BALLOTS FROM ABSENTEE BALLOT AFFIRMATION ENVELOPES, STACKING ABSENTEE
BALLOTS, AND INSERTING BALLOTS INTO A CENTRAL SCANNER OR OTHER VOTE
COUNTING DEVICE. ANY BALLOTS PREPARED AND CANVASSED DURING THIS PERIOD
SHALL BE SECURED IN THE SAME MANNER AS VOTED BALLOTS CAST DURING EARLY
VOTING OR ON ELECTION DAY. ALL ABSENTEE BALLOTS NOT SET ASIDE TO BE
CURED BY THE VOTER PURSUANT TO THIS SECTION AND RECEIVED PRIOR TO
ELECTION DAY SHALL BE CANVASSED ON ELECTION DAY.
(C) NO UNOFFICIAL TABULATIONS OF ELECTION RESULTS SHALL BE PRINTED OR
VIEWED IN ANY MANNER UNTIL AFTER THE CLOSE OF POLLS ON ELECTION DAY AT
WHICH TIME SUCH TABULATIONS SHALL BE ADDED INTO THE ELECTION NIGHT
CANVASS TOTALS.
(D) BOARD OF ELECTIONS EMPLOYEES SHALL FOLLOW ALL RELEVANT PROVISIONS
OF THIS ARTICLE FOR CANVASSING, PROCESSING, RECORDING, AND ANNOUNCING
RESULTS OF VOTING AND SECURING BALLOTS, SCANNERS, AND OTHER ELECTION
MATERIALS. SUCH CANVASS MAY OCCUR AT THE OFFICES OF THE BOARD OF
ELECTIONS, OR SUCH OTHER LOCATION DESIGNATED BY THE BOARD OF ELECTIONS.
(E) IN CANVASSING SUCH BALLOTS, THE BOARD SHALL TAKE ALL MEASURES
NECESSARY TO ENSURE THE PRIVACY OF VOTERS AND NON-PUBLIC RELEASE OF
ELECTION RESULTS PRIOR TO THE CLOSE OF POLLS ON ELECTION DAY.
(F) The board may designate additional sets of poll clerks and if it
designates more than one such set shall apportion among all such sets
the election districts from which such ballots have been received,
provided that all such ballots from a single election district shall be
assigned to a single set of clerks, and that each such set shall be
divided equally between representatives of the two major political
parties. Each such set of clerks shall be deemed a central board of
inspectors for purposes of this section.
[(b)] (G) At least five days prior to the time fixed for [such] A
meeting TO EXAMINE OR CAST AND CANVASS ABSENTEE BALLOTS SUBSEQUENT TO
THE DAY OF THE ELECTION, the board shall send notice by first class mail
to each candidate, political party, and independent body entitled to
have had watchers present at the polls in any election district in the
board's jurisdiction. Such notice shall state the time and place fixed
by the board for such canvass.
[(c)] (H) Each such candidate, political party, and independent body
shall be entitled to appoint such number of watchers to attend upon each
central board of inspectors as such candidate, political party, or inde-
pendent body was entitled to appoint at such election in any one
election district for which such central board of inspectors is desig-
nated to act.
§ 2. Section 9-209 of the election law is amended by adding three new
subdivisions 4, 5 and 6 to read as follows:
4. IF THE BOARD OF ELECTIONS MANUALLY CANVASSES BALLOTS, IT SHALL
REVIEW THE BALLOT TO DETERMINE ITS VALIDITY CONSISTENT WITH SECTION
9-112 OF THIS ARTICLE. IN CASES WHERE THE EXPRESS INTENT OF THE VOTER
IS UNAMBIGUOUS, ANY STRAY MARKS OR WRITING SHALL NOT BE A BASIS FOR
VOIDING AN ABSENTEE BALLOT. IF THE ABSENTEE BALLOTS ARE TABULATED BY AN
S. 2505--A 52 A. 3005--A
OPTICAL SCAN VOTING SYSTEM, THEN A REVIEW OF THE ABSENTEE BALLOT SHALL
NOT OCCUR.
5. IF AN AFFIDAVIT BALLOT WAS CAST BY A VOTER ON THE DAY OF ELECTION
AND IT IS DETERMINED HE OR SHE ALSO SUBMITTED AN ABSENTEE BALLOT, SUCH
AFFIDAVIT SHALL BE LEFT ASIDE, UNOPENED.
6. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES OR REGULATIONS
NECESSARY FOR THE IMPLEMENTATION OF THESE PROVISIONS INCLUDING, BUT NOT
BE LIMITED TO, (I) ENSURING THAT VOTERS WHO SUBMITTED AN ABSENTEE BALLOT
AND THEREAFTER VOTED IN PERSON DURING THE EARLY VOTING PERIOD DO NOT
HAVE THEIR ABSENTEE BALLOT CANVASSED IN THE ELECTION; (II) BALLOTS SHALL
BE SUBJECT TO THE REQUIREMENTS OF VOTER PRIVACY; AND (III) ANY INDIVID-
UAL WHO HAS PREVIOUSLY REQUESTED AN ABSENTEE BALLOT SHALL BE REQUIRED TO
VOTE ON AN AFFIDAVIT BALLOT TO ENSURE THAT DUPLICATE VOTES ARE NOT
RECORDED.
§ 3. Clause (A) of subparagraph (i) of paragraph (a) of subdivision 2
of section 9-209 of the election law, as amended by chapter 308 of the
laws of 2011, is amended to read as follows:
(A) If a person whose name is on an envelope as a voter has already
voted in person at such election, or if his or her name and residence as
stated on the envelope are not on a registration poll record, or the
computer generated list of registered voters or the list of special
presidential voters, or if there is no name on the envelope, or if the
envelope is not sealed, such envelope shall be laid aside unopened;
PROVIDED, HOWEVER, THAT IF THE ENVELOPE IS NOT SEALED, SUCH VOTER SHALL
RECEIVE NOTICE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS
SECTION.
§ 4. Paragraph c of subdivision 3 of section 5-506 of the election
law, as amended by section 6 of part XX of chapter 55 of the laws of
2019, is amended to read as follows:
c. The computer generated registration list prepared for each election
in each election district shall be prepared in a manner which meets or
exceeds standards for clarity and speed of production established by the
state board of elections, shall be in a form approved by such board,
shall include the names of all voters eligible to vote in such election
and shall be in alphabetical order, except that, at a primary election,
the names of the voters enrolled in each political party may be placed
in a separate part of the list or in a separate list, as the board of
elections in its discretion, may determine. Such list shall contain,
adjacent to each voter's name, or in a space so designated, at least the
following: street address, date of birth, party enrollment, year of
registration, a computer reproduced facsimile of the voter's signature
or an indication that the voter is unable to sign his OR HER name, a
place for the voter to sign his OR HER name at such election and a place
for the inspectors to mark the voting machine number, the public counter
number if any, or the number of any paper ballots given the voter. SUCH
LIST SHALL ALSO INCLUDE A NOTATION INDICATING IF SUCH VOTER WAS PROVIDED
AN ABSENTEE BALLOT FOR THE APPLICABLE ELECTION. THE FORMAT FOR SUCH
NOTATION SHALL BE PROMULGATED BY THE STATE BOARD OF ELECTIONS AND USED
UNIFORMLY IN COMPUTER GENERATED REGISTRATION LISTS.
§ 5. Subdivision 1 of section 4-128 of the election law, as amended by
section 2 of part XX of chapter 55 of the laws of 2019, is amended to
read as follows:
1. The board of elections of each county shall provide the requisite
number of official and facsimile ballots, two cards of instruction to
voters in the form prescribed by the state board of elections, at least
one copy of the instruction booklet for inspectors, a sufficient number
S. 2505--A 53 A. 3005--A
of maps, street finders or other descriptions of all of the polling
places and election districts within the political subdivision in which
the polling place is located to enable the election inspectors and poll
clerks to determine the correct election district and polling place for
each street address within the political subdivision in which the poll-
ing place is located, distance markers, tally sheets and return blanks,
pens, pencils, or other appropriate marking devices, envelopes for the
ballots of voters whose registration poll records are not in the ledger
or whose names are not in the computer generated registration list,
ENVELOPES FOR THE ABSENTEE BALLOTS OF VOTERS WHO HAVE ELECTED TO VOTE BY
MACHINE TO BE VOIDED, envelopes for returns, identification buttons,
badges or emblems for the inspectors and clerks in the form prescribed
by the state board of elections and such other articles of stationery as
may be necessary for the proper conduct of elections, except that when a
town, city or village holds an election not conducted by the board of
elections, the clerk of such town, city or village, shall provide such
official and facsimile ballots and the necessary blanks, supplies and
stationery for such election.
§ 6. Section 8-302 of the election law is amended by adding two new
subdivisions 2-b and 3-d to read as follows:
2-B. IF ON ELECTION DAY OR DURING EARLY VOTING A VOTER'S NAME APPEARS
IN THE LEDGER OR COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION
INDICATING THAT THE VOTER WAS PROVIDED AN ABSENTEE BALLOT, SUCH VOTER
SHALL BE PERMITTED TO CAST HIS OR HER VOTE ON THE VOTING MACHINE IF THE
VOTER SURRENDERS HIS OR HER ABSENTEE BALLOT AND AFFIRMATION OATH ENVEL-
OPE TO THE INSPECTOR AND SUCH ABSENTEE BALLOT IS MARKED "VOTED IN
PERSON" AND PLACED BY THE INSPECTOR IN AN ENVELOPE DESIGNATED FOR THIS
PURPOSE.
3-D. IF ON ELECTION DAY OR DURING EARLY VOTING A VOTER'S NAME APPEARS
IN THE LEDGER OR COMPUTER GENERATED REGISTRATION LIST WITH A NOTATION
INDICATING THAT THE VOTER WAS PROVIDED AN ABSENTEE BALLOT AND SUCH VOTER
IS UNABLE TO SURRENDER HIS OR HER BALLOT AND AFFIRMATION OATH ENVELOPE
PURSUANT TO SUBDIVISION TWO-B OF THIS SECTION, SUCH VOTER SHALL ONLY BE
ENTITLED TO VOTE BY AFFIDAVIT BALLOT.
§ 7. Section 16-106 of the election law is amended by adding a new
subdivision 4-a to read as follows:
4-A. IN ORDER TO OBTAIN ANY ORDER FOR TEMPORARY OR PRELIMINARY INJUNC-
TIVE RELIEF OR AN IMPOUND ORDER HALTING OR ALTERING THE CANVASSING OF
ABSENTEE OR AFFIDAVIT BALLOTS AS PROVIDED FOR IN SECTION 9-209 OF THIS
CHAPTER, IN ADDITION TO THE CRITERIA IN ARTICLE SIXTY-THREE OF THE CIVIL
PRACTICE LAW AND RULES, THE PETITIONER MUST SHOW, BY CLEAR AND CONVINC-
ING EVIDENCE, THAT, BECAUSE OF PROCEDURAL IRREGULARITIES OR OTHER FACTS
ARISING DURING THE ELECTION, THE PETITIONER WILL BE IRREPARABLY HARMED
ABSENT SUCH RELIEF. FOR PURPOSES OF THIS SECTION, ALLEGATIONS THAT
OPINION POLLS OR TESTIMONIAL EVIDENCE THAT AN ELECTION WILL BE WITHIN
THE MARGIN OF THE RECOUNT AS SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION
FOUR OF SECTION 9-208 OF THIS CHAPTER ARE INSUFFICIENT TO SHOW IRREPARA-
BLE HARM TO A PETITIONER BY CLEAR AND CONVINCING EVIDENCE.
§ 8. Subdivision 20 of section 17-130 of the election law is amended
to read as follows:
20. Intentionally opens an absentee voter's envelope or examines the
contents thereof after the receipt of the envelope by the board of
elections and before the close of the polls at the election EXCEPT AS
PROVIDED FOR IN SECTION 9-209 OF THIS CHAPTER; or,
§ 9. This act shall take effect on the ninetieth day after it shall
have become a law.
S. 2505--A 54 A. 3005--A
PART U
Section 1. Paragraphs (a), (b) and (c) of subdivision 4 of section
9-208 of the election law, as added by section 1 of part JJ of chapter
55 of the laws of 2020, are amended to read as follows:
(a) [The] BASED ON THE RESULTS OF THE CANVASS THREE DAYS FOLLOWING THE
DEADLINE FOR RECEIPT OF ABSENTEE BALLOTS, THE board of elections or a
bipartisan committee appointed by the board shall conduct a full manual
recount of all ballots for a particular contest:
i. Where the margin of victory is twenty votes or less; or
ii. Where the margin of victory is 0.5% or less; or
iii. In a contest where one million or more ballots have been cast and
the margin of victory is less than 5,000 votes.
(b) For the purposes of this section, the term margin of victory shall
mean the margin between all votes cast in the entire contest [following
the recanvass of votes] BASED ON THE CURRENT RESULTS OF THE CANVASS
THREE DAYS FOLLOWING THE DEADLINE FOR RECEIPT OF ABSENTEE BALLOTS.
(c) Where the contest involves portions of two or more counties, the
margin of victory shall be determined by the state board of elections
based on the [most recent recanvass results] CURRENT RESULTS OF THE
CANVASS THREE DAYS FOLLOWING THE DEADLINE FOR THE RECEIPT OF ABSENTEE
BALLOTS for the contest submitted by the boards of elections of the
counties involved.
§ 2. Subdivision 4 of section 9-208 of the election law is amended by
adding a new paragraph (e) to read as follows:
(E) ANY MANUAL RECOUNT SHALL BEGIN BY TWO DAYS AFTER THE DATE REQUIRED
BY LAW AND BE COMPLETED WITHIN FIVE DAYS.
§ 3. This act shall take effect immediately.
PART V
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
UNDER SUCH POLICIES; AND (II) FEES AND OTHER COSTS, INCLUDING BUT NOT
LIMITED TO THOSE FOR CLAIMS SERVICES, RELATING TO SUCH AGREEMENTS. AN
AGREEMENT UNDER THIS SUBDIVISION SHALL NOT INCLUDE THE PROVISION OF
CLAIMS SERVICES FOR ANY CLAIM UNDER THIS CHAPTER.
B. FOR A POLICYHOLDER TO BE ELIGIBLE FOR INSURANCE IN STATES OTHER
THAN NEW YORK PROVIDED THROUGH AGREEMENTS ENTERED INTO UNDER THIS SUBDI-
VISION, 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
OBLIGATIONS TO PAY WORKERS' COMPENSATION BENEFITS IN ALL STATES, IN THE
AGGREGATE, OTHER THAN NEW YORK WHEN COVERED UNDER SUCH AGREEMENTS; 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 WHEN COVERED UNDER SUCH AGREEMENTS FOR THE PRIOR
S. 2505--A 55 A. 3005--A
POLICY PERIOD. FOR DETERMINING ELIGIBILITY, "PREMIUMS" 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 COMMIS-
SIONERS.
§ 2. This act shall take effect immediately.
PART W
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, TWO, THREE AND 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 WITH THE QUALITATIVE
STANDARDS OR QUANTITATIVE LIMITATIONS WHICH ARE SET FORTH IN SUCH PARA-
GRAPHS except that [up to] A MINIMUM OF 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 institution's obligations or other similar qualita-
tive standards described therein] PARAGRAPHS ONE, TWO, THREE AND 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 FIFTY PERCENT OF UNEARNED PREMIUM RESERVES, by
order of the commissioners, 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, twenty-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,
TWO, THREE AND FOUR OF SUBSECTION (B) OF SECTION ONE THOUSAND FOUR
HUNDRED TWO OF THE INSURANCE LAW AND subsection (a) of section one thou-
sand 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 irrespec-
tive of the rating of such institution'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
S. 2505--A 56 A. 3005--A
SUBSECTION and [up to fifteen percent of surplus funds in securities or
investments which do not otherwise qualify for investment under this
section as shall be made with the care, prudence and diligence under the
circumstances then prevailing that a prudent person acting in a like
capacity and familiar with such matters would use in the conduct of an
enterprise of a like character and with like aims as provided for the
state insurance fund under this article, but shall not include any
direct derivative instrument or derivative transaction except for hedg-
ing purposes] IN ACCORDANCE WITH SECTION ONE THOUSAND FOUR HUNDRED TEN
OF THE INSURANCE LAW. [Notwithstanding any other provision in this
subdivision, the aggregate amount that the state insurance fund may
invest in the types of securities or investments described in paragraphs
three, eight and ten of subsection (a) of section one thousand four
hundred four of the insurance law and as a prudent person acting in a
like capacity would invest as provided in this subdivision shall not
exceed fifty percent of such surplus funds.]
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 SECTION ONE THOU-
SAND FOUR HUNDRED NINE OF THE INSURANCE LAW.
§ 2. Subsection (c) of section 1108 of the insurance law, as amended
by section 38 of part SS of chapter 54 of the laws of 2016, is amended
to read as follows:
(c) The state insurance fund of this state, except as to the
provisions of SECTION ONE THOUSAND FOUR HUNDRED TEN, subsection (d) of
section two thousand three hundred thirty-nine, section three thousand
one hundred ten, subsection (a), paragraph one of subsection (b), para-
graph three of subsection (c) and subsection (d) of section three thou-
sand two hundred one, sections three thousand two hundred two, three
thousand two hundred four, subsections (a) through (d) of section three
thousand two hundred twenty-one, subsections (b) and (c) of section four
thousand two hundred twenty-four, section four thousand two hundred
twenty-six and subsections (a) and (b), (g) through (j), and (n) of
section four thousand two hundred thirty-five of this chapter and except
as otherwise specifically provided by the laws of this state.
§ 3. Subsection (a) of section 1410 of the insurance law, as added by
chapter 650 of the laws of 1998, is amended to read as follows:
(a) For purposes of this section, except subsection (k) of this
section, an insurer shall mean a domestic life insurer, a domestic
property/casualty insurer, a domestic reciprocal insurer, a domestic
mortgage guaranty insurer, a domestic co-operative property/casualty
insurance corporation [or], a domestic financial guaranty insurer, OR
THE STATE INSURANCE FUND OF THIS STATE.
§ 4. This act shall take effect immediately.
S. 2505--A 57 A. 3005--A
PART X
Section 1. Subdivision 5 of section 27 of the workers' compensation
law, as amended by chapter 6 of the laws of 2007, is amended to read as
follows:
5. All computations made OR DIRECTED by the board shall be upon the
basis of (I) the survivorship annuitants table of mortality, the remar-
riage tables of the Dutch Royal Insurance Institution APPLICABLE TO
CLAIMS FOR ACCIDENTS OCCURRING ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, AND (II) BEGINNING JANUARY FIRST, TWO THOUSAND
TWENTY-TWO, AND ON JANUARY FIRST OF EACH TENTH YEAR THEREAFTER, THE
UNITED STATES LIFE TABLE FOR THE TOTAL POPULATION PUBLISHED BY THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE REMARRIAGE TABLE
PUBLISHED BY THE UNITED STATES RAILROAD RETIREMENT BOARD APPLICABLE TO
CLAIMS FOR ACCIDENTS OCCURRING ON OR AFTER JANUARY FIRST OF THE YEAR
FOLLOWING THE ADOPTION OF ANY REVISION OF SUCH TABLES AS PROVIDED IN
THIS SUBDIVISION and interest at three and one-half per centum per annum
on claims based on accidents occurring up to and including June thirti-
eth, nineteen hundred thirty-nine, at three per centum per annum on
claims based on accidents occurring from July first, nineteen hundred
thirty-nine up to and including August thirty-first, nineteen hundred
eighty-three, at six per centum per annum on claims based on accidents
occurring from September first, nineteen hundred eighty-three up to and
including December thirty-first, two thousand and at the industry stand-
ard rate on claims based on accidents occurring thereafter, except (a)
that computations of present values of death benefits required to be
paid into the aggregate trust fund by an insurance carrier which is a
stock corporation or a mutual association shall be based, in the case of
a dependent parent, grandparent, blind or physically disabled child or
spouse, upon said table of mortality disregarding possible change in or
termination of dependency, with interest at three and one-half per
centum per annum on claims based on accidents occurring up to and
including June thirtieth, nineteen hundred thirty-nine, at three per
centum per annum on claims based on accidents occurring from July first,
nineteen hundred thirty-nine up to and including August thirty-first,
nineteen hundred eighty-three, at six per centum per annum on claims
based on accidents occurring from September first, nineteen hundred
eighty-three up to and including December thirty-first, two thousand and
at the industry standard rate on claims based on accidents occurring
thereafter and (b) that computations of present values of permanent
partial disability benefits awarded for a definite number of weeks shall
be on the basis of annuities certain with interest at three and one-half
per centum per annum on claims based on accidents occurring up to and
including June thirtieth, nineteen hundred thirty-nine, at three per
centum per annum on claims based on accidents occurring from July first,
nineteen hundred thirty-nine up to and including August thirty-first,
nineteen hundred eighty-three, at six per centum per annum on claims
based on accidents occurring from September first, nineteen hundred
eighty-three up to and including December thirty-first, two thousand and
at the industry standard rate on claims based on accidents occurring
thereafter.
§ 2. The closing paragraph of subdivision 7 of section 27 of the work-
ers' compensation law, as amended by chapter 6 of the laws of 2007 and
as further amended by section 104 of part A of chapter 62 of the laws of
2011, is amended to read as follows:
S. 2505--A 58 A. 3005--A
Such additional payments shall be required until the surplus of the
fund equals or exceeds one per centum of the total outstanding loss
reserves as shown by three successive annual reports of the fund to the
superintendent of financial services and such additional payment shall
be required as a payment upon each award based on an accident occurring
prior to July first next succeeding the third such annual report, but
not as a payment upon any award based on an accident occurring on or
after said July first; provided, however, that if and when the surplus
of the fund as shown by any annual report thereafter shall be less than
one per centum of the total outstanding loss reserves, then the addi-
tional payments as provided in paragraphs (a), (b), (c) and (d) of this
subdivision shall be resumed and shall be payable upon any award based
on an accident occurring on or after July first next succeeding the
close of the year for which such annual report is made. Thereafter, the
suspension or resumption of additional payments as required by this
subdivision shall be governed by the foregoing provisions. Such loss
reserves shall be computed based upon the tables specified in subdivi-
sion five of this section APPLICABLE TO THE CALCULATION OF THE DEPOSIT
FOR THE CLAIM ON WHICH SUCH DEPOSIT IS BASED and interest at a standard
to be determined by the superintendent of financial services by regu-
lation.
§ 3. Section 86 of the workers' compensation law, as amended by chap-
ter 7 of the laws of 1989 and as further amended by section 104 of part
A of chapter 62 of the laws of 2011, is amended to read as follows:
§ 86. Catastrophe surplus and reserves for workers' compensation. Ten
per centum of the premiums collected from employers insured in the fund
for workers' compensation shall be set aside for the creation of a
surplus until such surplus shall amount to the sum of one hundred thou-
sand dollars, and thereafter five per centum of such premiums, until
such time as in the judgment of the commissioners such surplus shall be
sufficiently large to cover the catastrophe hazard. Thereafter the
contribution to such surplus may be reduced or discontinued conditional
upon constant maintenance of a sufficient surplus to cover the catastro-
phe hazard. Reserves shall be set up and maintained adequate to meet
anticipated losses and carry all claims and policies to maturity, which
reserves shall be computed [to reflect the present values, at five
percent interest per annum, of the determined and estimated unpaid loss-
es, and other requirements computed in accordance with such rules as
shall be approved by the superintendent of financial services] PURSUANT
TO SUBSECTIONS (D) AND (E) OF SECTION FOUR THOUSAND ONE HUNDRED SEVEN-
TEEN OF THE INSURANCE LAW.
§ 4. Subsection (c) of section 1108 of the insurance law, as amended
by section 38 of part SS of chapter 54 of the laws of 2016, is amended
to read as follows:
(c) The state insurance fund of this state, except as to the
provisions of subsection (d) of section two thousand three hundred thir-
ty-nine, section three thousand one hundred ten, subsection (a), para-
graph one of subsection (b), paragraph three of subsection (c) and
subsection (d) of section three thousand two hundred one, sections three
thousand two hundred two, three thousand two hundred four, subsections
(a) through (d) of section three thousand two hundred twenty-one,
SUBSECTIONS (D) AND (E) OF SECTION FOUR THOUSAND ONE HUNDRED SEVENTEEN,
subsections (b) and (c) of section four thousand two hundred twenty-
four, section four thousand two hundred twenty-six and subsections (a)
and (b), (g) through (j), and (n) of section four thousand two hundred
S. 2505--A 59 A. 3005--A
thirty-five of this chapter and except as otherwise specifically
provided by the laws of this state.
§ 5. Subsection (e) of section 4117 of the insurance law, as amended
by chapter 11 of the laws of 1986, is amended to read as follows:
(e) Whenever in the judgment of the superintendent, the loss and loss
expense reserves of any property/casualty insurance company doing busi-
ness in this state OR OF THE STATE INSURANCE FUND OF THIS STATE calcu-
lated in accordance with the foregoing provisions are inadequate or
excessive, [he] THE SUPERINTENDENT may prescribe any other basis [which]
THAT will produce adequate and reasonable reserves.
§ 6. This act shall take effect January 1, 2022.
PART Y
Section 1. Section 76-b of the alcoholic beverage control law is
REPEALED.
§ 2. Subdivision 1-b of section 83 of the alcoholic beverage control
law is REPEALED.
§ 3. Paragraph (b) of subdivision 1 of section 97-a of the alcoholic
beverage control law, as added by chapter 396 of the laws of 2010, is
amended to read as follows:
(b) to the applicant for a new retail license [where the prospective
licensed premises is located in a municipality with a population of less
than one million] during the period that the application is pending.
§ 4. Paragraphs (b) and (c) of subdivision 5 of section 97-a of the
alcoholic beverage control law, as added by chapter 396 of the laws of
2010, are amended and a new paragraph (d) is added to read as follows:
(b) in the case of all other retail applications, to purchase and sell
such alcoholic beverages as would be permitted to be purchased and sold
under the privileges of the license applied for; [and]
(c) to sell such alcoholic beverages to consumers only and not for
resale[.]; AND
(D) IN THE CASE OF A PERMIT GRANTED UNDER PARAGRAPH (B) OF SUBDIVISION
ONE OF THIS SECTION WHERE THE PROSPECTIVE LICENSED PREMISES ARE LOCATED
IN A MUNICIPALITY WITH A POPULATION OF MORE THAN ONE MILLION, TO OPERATE
THE PREMISES ONLY UNDER THE FOLLOWING CONDITIONS: THE PREMISES SHALL
CLOSE NO LATER THAN TWELVE O'CLOCK ANTEMERIDIAN EACH DAY, SHALL HAVE
RECORDED BACKGROUND MUSIC ONLY, WITH NO LIVE MUSIC, DJ'S, KARAOKE, OR
SIMILAR FORMS OF MUSIC, AND SHALL HAVE NO DANCING.
§ 5. The alcoholic beverage control law is amended by adding a new
section 97-c to read as follows:
§ 97-C. TEMPORARY MANUFACTURING PERMIT. 1. ANY PERSON MAY APPLY TO THE
LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC BEVER-
AGE MANUFACTURING FACILITY AS MAY BE LICENSED UNDER THIS CHAPTER. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN INFORMA-
TION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
DOLLARS FOR SUCH PERMIT.
2. UPON APPLICATION, THE LIQUOR AUTHORITY MAY ISSUE SUCH TEMPORARY
PERMIT WHEN:
(A) THE APPLICANT HAS A MANUFACTURING LICENSE APPLICATION AT THE SAME
PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
FILING AND LICENSE FEES; AND
(B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF ALL PERMITS,
LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
NESS; AND
S. 2505--A 60 A. 3005--A
(C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES HAS BEEN SURRENDERED
OR PLACED IN SAFEKEEPING, OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
(A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION
OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER; AND
(B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
THE MANUFACTURING LICENSE BEING APPLIED FOR; AND
(C) THE APPLICANT HAS SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS
NECESSARY TO OBTAIN SUCH LICENSE.
4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED OR DENIED BY THE
LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
CATION.
5. A TEMPORARY PERMIT SHALL AUTHORIZE THE PERMITTEE TO OPERATE A MANU-
FACTURING FACILITY FOR THE MANUFACTURE AND SALE OF ALCOHOLIC BEVERAGES
ACCORDING TO THE LAWS APPLICABLE TO THE TYPE OF MANUFACTURING LICENSE
BEING APPLIED FOR.
6. SUCH TEMPORARY PERMIT SHALL REMAIN IN EFFECT FOR SIX MONTHS OR
UNTIL THE MANUFACTURING LICENSE BEING APPLIED FOR IS APPROVED AND THE
LICENSE GRANTED, WHICHEVER IS SHORTER. SUCH PERMIT MAY BE EXTENDED AT
THE DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH PERI-
ODS OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR EACH
SUCH EXTENSION.
7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE LIQUOR
AUTHORITY DETERMINES THAT GOOD CAUSE FOR CANCELLATION OR SUSPENSION
EXISTS. THE LIQUOR AUTHORITY SHALL PROMPTLY NOTIFY THE PERMITTEE IN
WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET FORTH THE
REASONS FOR SUCH ACTION.
8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
WISE SHOWN. A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL
EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE
IN FAVOR OF THE APPLICANT.
§ 6. Section 5 of chapter 396 of the laws of 2010, amending the alco-
holic beverage control law, relating to liquidator's permits and tempo-
rary retail permits, as amended by section 1 of item AAA of subpart B of
part XXX of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law[, provided that paragraph (b) of subdivision 1 of
section 97-a of the alcoholic beverage control law as added by section
two of this act shall expire and be deemed repealed October 12, 2021].
§ 7. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that upon effect, any valid permit
issued under section 76-b of the alcoholic beverage control law shall
remain in effect according to the terms of section 76-b of the alcoholic
beverage control law as if such section had not been repealed, and
provided further, any application duly submitted prior to the effective
date of this act and not yet acted upon shall be processed as if such
section had not been repealed, and if such application is approved, any
permit issued shall remain in effect according to the terms of section
76-b of the alcoholic beverage control law as if such section had not
been repealed.
PART Z
S. 2505--A 61 A. 3005--A
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-
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.
S. 2505--A 62 A. 3005--A
§ 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 AA
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, 2021.
PART BB
Section 1. Short title. This act shall be known and may be cited as
the "New York Medical Supplies Act".
§ 2. The state finance law is amended by adding a new section 148 to
read as follows:
§ 148. CERTAIN CONTRACTS INVOLVING PERSONAL PROTECTIVE EQUIPMENT AND
MEDICAL SUPPLIES. 1. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, ALL
CONTRACTS OVER FIFTY THOUSAND DOLLARS IN VALUE MADE AND AWARDED BY ANY
DEPARTMENT OR AGENCY OF THE STATE FOR THE PURCHASE OF PERSONAL PROTEC-
TIVE EQUIPMENT OR MEDICAL SUPPLIES SHALL REQUIRE THAT THE PERSONAL
S. 2505--A 63 A. 3005--A
PROTECTIVE EQUIPMENT OR MEDICAL SUPPLY ITEMS BE PRODUCED OR MADE IN
WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES.
2. FOR PURPOSES OF THIS SECTION:
(A) "PERSONAL PROTECTIVE EQUIPMENT" MEANS ALL EQUIPMENT WORN TO MINI-
MIZE EXPOSURE TO MEDICAL HAZARDS, INCLUDING GLOVES, MASKS, FACE SHIELDS,
EYE PROTECTION, RESPIRATORS, MEDICAL HAIR AND SHOE COVERINGS, AND
DISPOSABLE GOWNS AND APRONS.
(B) "MEDICAL SUPPLIES" MEANS MATERIALS NECESSARY TO RESPOND TO HEALTH
EMERGENCIES OR PANDEMICS, INCLUDING AND WITHOUT LIMITATION VENTILATORS,
MEDICAL TEST KITS, AND VACCINES.
(C) "UNITED STATES" MEANS THE UNITED STATES, ITS TERRITORIES, OR
POSSESSIONS.
3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE HEAD OF THE
DEPARTMENT OR AGENCY PURCHASING THE PERSONAL PROTECTIVE EQUIPMENT OR
MEDICAL SUPPLIES, IN HIS OR HER SOLE DISCRETION, DETERMINES THAT SUCH
PROVISIONS WOULD NOT BE IN THE PUBLIC INTEREST; THAT OBTAINING SUCH
PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLIES IN THE UNITED STATES
WOULD INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT; THAT
SUCH PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLIES CANNOT BE
PRODUCED OR MADE IN THE UNITED STATES IN SUFFICIENT AND REASONABLY
AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY OR DESIGN TO MEET THE
DEPARTMENT'S OR AGENCY'S REQUIREMENTS; OR THAT PURCHASING PERSONAL
PROTECTIVE EQUIPMENT OR MEDICAL SUPPLIES MANUFACTURED OUTSIDE OF THE
UNITED STATES IS NECESSARY TO AVOID A DELAY IN THE DELIVERY OF CRITICAL
SERVICES THAT COULD COMPROMISE THE PUBLIC WELFARE.
4. NOTHING IN THIS SECTION IS INTENDED TO CONTRAVENE ANY EXISTING
TREATIES, LAWS, TRADE AGREEMENTS, OR REGULATIONS OF THE UNITED STATES OR
SUBSEQUENT TRADE AGREEMENTS ENTERED INTO BETWEEN ANY FOREIGN COUNTRIES
AND THE STATE OR THE UNITED STATES.
5. SUBJECT TO THE PROVISIONS OF THIS SECTION, THE DEPARTMENT OF
ECONOMIC DEVELOPMENT, IN CONSULTATION WITH THE OFFICE OF GENERAL
SERVICES AND THE DIVISION OF THE BUDGET, SHALL BE AUTHORIZED TO ESTAB-
LISH RULES AND REGULATIONS FOR THE EFFECTIVE ADMINISTRATION OF THIS
SECTION.
§ 3. The public authorities law is amended by adding a new section
2878-c to read as follows:
§ 2878-C. CERTAIN CONTRACTS INVOLVING PERSONAL PROTECTIVE EQUIPMENT
AND MEDICAL SUPPLIES. 1. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW,
ALL CONTRACTS OVER FIFTY THOUSAND DOLLARS IN VALUE MADE AND AWARDED BY
ANY STATE AUTHORITY FOR THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT OR
MEDICAL SUPPLIES SHALL REQUIRE THAT THE PERSONAL PROTECTIVE EQUIPMENT OR
MEDICAL SUPPLY ITEMS BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN
THE UNITED STATES.
2. FOR PURPOSES OF THIS SECTION:
(A) "PERSONAL PROTECTIVE EQUIPMENT" MEANS ALL EQUIPMENT WORN TO MINI-
MIZE EXPOSURE TO MEDICAL HAZARDS, INCLUDING GLOVES, MASKS, FACE SHIELDS,
EYE PROTECTION, RESPIRATORS, MEDICAL HAIR AND SHOE COVERINGS, AND
DISPOSABLE GOWNS AND APRONS.
(B) "MEDICAL SUPPLIES" MEANS MATERIALS NECESSARY TO RESPOND TO HEALTH
EMERGENCIES OR PANDEMICS, INCLUDING AND WITHOUT LIMITATION VENTILATORS,
MEDICAL TEST KITS, AND VACCINES.
(C) "UNITED STATES" MEANS THE UNITED STATES, ITS TERRITORIES, OR
POSSESSIONS.
3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE HEAD OF THE
STATE AUTHORITY PURCHASING THE PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL
SUPPLIES, IN HIS OR HER SOLE DISCRETION, DETERMINES THAT SUCH PROVISIONS
S. 2505--A 64 A. 3005--A
WOULD NOT BE IN THE PUBLIC INTEREST; THAT OBTAINING SUCH PERSONAL
PROTECTIVE EQUIPMENT OR MEDICAL SUPPLIES IN THE UNITED STATES WOULD
INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT; THAT SUCH
PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLIES CANNOT BE PRODUCED OR
MADE IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTI-
TIES AND OF SATISFACTORY QUALITY OR DESIGN TO MEET THE STATE AUTHORITY'S
REQUIREMENTS; OR THAT PURCHASING PERSONAL PROTECTIVE EQUIPMENT OR
MEDICAL SUPPLIES MANUFACTURED OUTSIDE OF THE UNITED STATES IS NECESSARY
TO AVOID A DELAY IN THE DELIVERY OF CRITICAL SERVICES THAT COULD COMPRO-
MISE THE PUBLIC WELFARE.
4. NOTHING IN THIS SECTION IS INTENDED TO CONTRAVENE ANY EXISTING
TREATIES, LAWS, TRADE AGREEMENTS, OR REGULATIONS OF THE UNITED STATES OR
SUBSEQUENT TRADE AGREEMENTS ENTERED INTO BETWEEN ANY FOREIGN COUNTRIES
AND THE STATE OR THE UNITED STATES.
5. SUBJECT TO THE PROVISIONS OF THIS SECTION, THE DEPARTMENT OF
ECONOMIC DEVELOPMENT, IN CONSULTATION WITH THE OFFICE OF GENERAL
SERVICES AND THE DIVISION OF THE BUDGET, SHALL BE AUTHORIZED TO ESTAB-
LISH RULES AND REGULATIONS FOR THE EFFECTIVE ADMINISTRATION OF THIS
SECTION.
§ 4. This act shall take effect April 1, 2021 and shall apply to any
state contracting opportunities advertised on or after such date and
shall exclude contracts for which an invitation for bid, request for
proposal, or similar solicitation has been issued prior to April 1,
2021.
PART CC
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-TWO 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-ONE TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER
DEPENDENTS, IF ANY. Where appropriate, such STANDARD MEDICARE PREMIUM
amount may be deducted from contributions payable by the employee or
retired employee; or where appropriate in the case of a retired employee
receiving a retirement allowance, such STANDARD MEDICARE PREMIUM amount
may be included with payments of his or her retirement allowance. All
state employer, employee, retired employee and dependent contributions
to the health insurance fund, including contributions from public
authorities, public benefit corporations or other quasi-public organiza-
tions of the state eligible for participation in the health benefit plan
as authorized by subdivision two of section one hundred sixty-three of
this article, shall be adjusted as necessary to cover the cost of reim-
bursing federal old-age, survivors and disability insurance program
premium charges under this section. This cost shall be included in the
S. 2505--A 65 A. 3005--A
calculation of premium or subscription charges for health coverage
provided to employees and retired employees of the state, public author-
ities, public benefit corporations or other quasi-public organizations
of the state; provided, however, the state, public authorities, public
benefit corporations or other quasi-public organizations of the state
shall remain obligated to pay no less than its share of such increased
cost consistent with its share of premium or subscription charges
provided for by this article. All other employer contributions to the
health insurance fund shall be adjusted as necessary to provide for such
payments.
§ 2. This act shall take effect immediately and shall apply on January
1, 2021 for the income related monthly adjustment amount for amounts,
premiums, incurred on or after January 1, 2021.
PART DD
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 TWEN-
TY-ONE 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
S. 2505--A 66 A. 3005--A
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
EMPLOYEES ENROLLED IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM WHO
ARE HIRED ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-ONE, 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, 2021.
S. 2505--A 67 A. 3005--A
PART EE
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-EIGHT DOLLARS AND FIFTY 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, 2021.
PART FF
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 PURSUANT TO THIS SECTION AND MAY AWARD COMPREHENSIVE TECHNOLO-
GY 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, WHICH MAY ALLOW FOR THE
APPROVAL OF WORK AT THE DISCRETION OF THE OFFICE WHICH IS NOT PRE-DETER-
S. 2505--A 68 A. 3005--A
MINED IN THE CONTRACT, SUBJECT TO CONDITIONS DEEMED APPROPRIATE BY THE
DIRECTOR, BY A SINGLE ENTITY OR MULTIPLE ENTITIES ACTING AS ONE, WHICH
MAY INCLUDE ANY AND ALL TECHNOLOGY AS DEFINED IN THIS ARTICLE AND SHALL
ONLY BE USED FOR THOSE CONTRACTS WHICH 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 NEW YORK STATE 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 DRAFTED AND SEALED BY THE OFFICE PRIOR TO THE OPENING OF ANY BIDS.
SUCH SCORING CRITERIA SHALL BE OBJECTIVE TO THE EXTENT PRACTICABLE AND
SHALL INCLUDE COST AS DETERMINED BY THE OFFICE. IF THE WINNING PROPOSAL
SCORES LESS THAN FIVE PERCENT HIGHER THAN THE SECOND HIGHEST SCORING
PROPOSAL, THE OFFICE SHALL BE EMPOWERED TO REQUEST SUCH TWO BIDDERS TO
RE-SUBMIT THEIR PROPOSALS IN A MANNER PRESCRIBED BY THE OFFICE, CONSIST-
ENT WITH THIS ARTICLE, WHICH THE OFFICE SHALL THEN EVALUATE BASED ON THE
ORIGINAL SEALED SCORING CRITERIA FOR FINAL AWARD.
(C) ALL TERMS USED IN THIS SECTION SHALL HAVE THE SAME MEANING OTHER-
WISE PRESCRIBED IN THIS CHAPTER OR IN ARTICLES NINE AND ELEVEN OF THE
STATE FINANCE LAW, EXCEPT FOR THOSE TERMS SPECIFICALLY DEFINED IN THIS
SECTION.
(D) THE OFFICE SHALL KEEP A PROCUREMENT RECORD AS DEFINED IN SECTION
ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, WHICH SHALL BE
FURNISHED TO THE OFFICE OF THE STATE COMPTROLLER UPON REQUEST PURSUANT
TO SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW.
§ 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 SUBDIVISION TWENTY-TWO OF SECTION ONE HUNDRED THREE OF THE
STATE TECHNOLOGY LAW.
§ 3. This act shall take effect immediately.
PART GG
Section 1. Section 110 of the state finance law is amended by adding a
new subdivision 1-a to read as follows:
1-A. EACH DEPARTMENT THAT MAINTAINS A PUBLIC WEBSITE SHALL PUBLICLY
POST AND MAINTAIN A WEBPAGE ON THAT WEBSITE SHOWING THE CURRENT LIST OF
THE NAMES OF THE INDIVIDUALS WHO THE DEPARTMENT HAS AUTHORIZED TO
EXECUTE CONTRACTS ON BEHALF OF THE DEPARTMENT, WHICH THE DEPARTMENT HAS
S. 2505--A 69 A. 3005--A
FILED WITH THE COMPTROLLER PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
SUCH POSTING SHALL PROVIDE CLEAR NOTICE TO THE PUBLIC OF THOSE INDIVID-
UALS WHO ARE AUTHORIZED TO EXECUTE CONTRACTS TO WHICH THE DEPARTMENT OR
THE STATE IS A PARTY.
§ 2. The state finance law is amended by adding a new section 139-m to
read as follows:
§ 139-M. TERMS AND CONDITIONS IN CONTRACTS THAT SHALL BE VOID. THE
FOLLOWING TERMS OR CONDITIONS IN ANY CONTRACT ENTERED INTO BY THE STATE
OR ANY DEPARTMENT THEREOF SHALL BE VOID AND UNENFORCEABLE:
1. ANY TERM OR CONDITION THAT REQUIRES THE STATE OR THE DEPARTMENT TO
INDEMNIFY OR HOLD HARMLESS ANOTHER PERSON, EXCEPT AS OTHERWISE AUTHOR-
IZED BY LAW;
2. ANY TERM OR CONDITION BY WHICH THE STATE OR THE DEPARTMENT AGREES
TO BINDING ARBITRATION OR ANY OTHER BINDING EXTRA-JUDICIAL DISPUTE
RESOLUTION PROCESS IN WHICH THE FINAL RESOLUTION IS NOT DETERMINED BY
THE STATE;
3. ANY TERM OR CONDITION WHICH PURPORTS TO RESERVE A RIGHT TO THE
CONTRACTOR TO UNILATERALLY AMEND, REVISE, OR ADD TO THE TERMS AND CONDI-
TIONS WITHOUT THE CONSENT OF THE STATE OR THE DEPARTMENT;
4. ANY TERM OR CONDITION BY WHICH THE STATE OR THE DEPARTMENT AGREES
TO LIMIT THE LIABILITY OF ANOTHER PERSON FOR BODILY INJURY, DEATH, OR
DAMAGE TO TANGIBLE PROPERTY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCON-
DUCT OF SUCH PERSON OR SUCH PERSON'S EMPLOYEES OR AGENTS; AND
5. ANY TERM OR CONDITION THAT DESIGNATES THE LAW OF A JURISDICTION
OTHER THAN THE STATE OF NEW YORK AS THE LAW GOVERNING THE CONTRACT.
NOTWITHSTANDING THE FOREGOING, ANY CONTRACT CONTAINING SUCH TERM OR
CONDITION SHALL OTHERWISE BE ENFORCEABLE AS IF THE CONTRACT DID NOT
CONTAIN SUCH TERM OR CONDITION.
§ 3. This act shall take effect immediately.
PART HH
Section 1. Section 96 of the public officers law is amended by adding
a new subdivision 3 to read as follows:
(3) FOR PURPOSES OF THIS SECTION, THE EXCHANGE OF ANY RECORD OR
PERSONAL INFORMATION BETWEEN AND AMONG AGENCIES OF THE STATE SHALL NOT
CONSTITUTE DISCLOSURE OF ANY RECORD OR PERSONAL INFORMATION UNDER SUBDI-
VISION ONE OF THIS SECTION AND IS NOT SUBJECT TO THE REQUIREMENTS THERE-
IN. THE EXCHANGE OF SUCH RECORDS BETWEEN AGENCIES SHALL BE PRESUMPTIVELY
PERMISSIBLE, UNLESS SUCH DISCLOSURE IS OTHERWISE PROHIBITED BY LAW.
§ 2. This act shall take effect immediately.
PART II
Section 1. Short Title. This act shall be known and may be cited as
the "New York data accountability and transparency act".
§ 2. The general business law is amended by adding a new section 899-
cc to read as follows:
§ 899-CC. NEW YORK DATA ACCOUNTABILITY AND TRANSPARENCY ACT. 1. DEFI-
NITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS OTHERWISE SPECIFIED:
(A) "AFFILIATE" SHALL MEAN A LEGAL ENTITY THAT CONTROLS, IS CONTROLLED
BY, OR IS UNDER COMMON CONTROL WITH, ANOTHER LEGAL ENTITY, WHERE THE
ENTITY HOLDS ITSELF OUT AS AFFILIATED OR UNDER COMMON OWNERSHIP SUCH
THAT A CONSUMER ACTING REASONABLY UNDER THE CIRCUMSTANCES WOULD ANTIC-
IPATE THEIR PERSONAL INFORMATION BEING PROVIDED TO AN AFFILIATE.
S. 2505--A 70 A. 3005--A
(B) "CONSUMER" SHALL MEAN AN IDENTIFIED OR IDENTIFIABLE NATURAL PERSON
WHO IS A NEW YORK RESIDENT.
(C) "COVERED ENTITIES" SHALL MEAN LEGAL ENTITIES, INCLUDING ANY AFFIL-
IATES, THAT CONDUCT BUSINESS IN NEW YORK STATE OR PRODUCE PRODUCTS OR
SERVICES THAT ARE INTENTIONALLY TARGETED TO RESIDENTS OF NEW YORK STATE,
AND THAT SATISFY ONE OR MORE OF THE FOLLOWING THRESHOLDS:
(I) CONTROLS OR PROCESSES PERSONAL INFORMATION OF ONE HUNDRED THOUSAND
CONSUMERS OR MORE; OR
(II) DERIVES OVER FIFTY PERCENT OF GROSS REVENUE FROM THE SALE,
CONTROL, OR PROCESSING OF PERSONAL INFORMATION.
(D) "DE-IDENTIFIED DATA" MEANS:
(I) DATA THAT CANNOT BE LINKED TO A KNOWN NATURAL PERSON WITHOUT ADDI-
TIONAL INFORMATION NOT AVAILABLE TO THE COVERED ENTITY; OR
(II) DATA THAT: HAS BEEN MODIFIED TO A DEGREE THAT THE RISK OF RE-I-
DENTIFICATION IS SMALL AS DETERMINED BY A PERSON WITH APPROPRIATE KNOW-
LEDGE OF AND EXPERIENCE WITH GENERALLY ACCEPTED STATISTICAL AND SCIEN-
TIFIC PRINCIPLES AND METHODS FOR DE-IDENTIFYING DATA; IS SUBJECT TO A
PUBLIC COMMITMENT BY THE CONTROLLER NOT TO ATTEMPT TO RE-IDENTIFY THE
DATA; AND, TO WHICH ONE OR MORE ENFORCEABLE CONTROLS TO PREVENT RE-IDEN-
TIFICATION HAS BEEN APPLIED. ENFORCEABLE CONTROLS TO PREVENT RE-IDENTI-
FICATION MAY INCLUDE LEGAL, ADMINISTRATIVE, TECHNICAL, OR CONTRACTUAL
CONTROLS.
(E) "DIRECT RELATIONSHIP" SHALL MEAN THAT THE CONSUMER IS A PAST OR
PRESENT:
(I) CUSTOMER, CLIENT, SUBSCRIBER OR USER OF THE BUSINESS'S GOODS OR
SERVICES;
(II) INVESTOR IN THE BUSINESS; OR
(III) DONOR TO THE BUSINESS.
(F) "IDENTIFIED OR IDENTIFIABLE NATURAL PERSON" SHALL MEAN A PERSON
WHO CAN BE IDENTIFIED, DIRECTLY OR INDIRECTLY, IN PARTICULAR BY REFER-
ENCE TO SPECIFIC INFORMATION INCLUDING, BUT NOT LIMITED TO, A NAME, AN
IDENTIFICATION NUMBER, SPECIFIC GEOLOCATION DATA, OR AN ONLINE IDENTIFI-
ER.
(G) "PERSONAL INFORMATION" SHALL MEAN DATA RELATING TO AN IDENTIFIED
OR IDENTIFIABLE NATURAL PERSON PROVIDED FURTHER THAT:
(I) PERSONAL INFORMATION SHALL INCLUDE BUT IS NOT LIMITED TO:
(A) AN IDENTIFIER SUCH AS A REAL NAME, ALIAS, SIGNATURE, DATE OF
BIRTH, GENDER IDENTITY, SEXUAL ORIENTATION, MARITAL STATUS, PHYSICAL
CHARACTERISTIC OR DESCRIPTION, POSTAL ADDRESS, TELEPHONE NUMBER, UNIQUE
PERSONAL IDENTIFIER, MILITARY IDENTIFICATION NUMBER, ONLINE IDENTIFIER,
INTERNET PROTOCOL ADDRESS, EMAIL ADDRESS, ACCOUNT NAME, MOTHER'S MAIDEN
NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE NUMBER, PASSPORT NUMBER,
OR OTHER SIMILAR IDENTIFIER;
(B) INFORMATION SUCH AS EMPLOYMENT, EMPLOYMENT HISTORY, BANK ACCOUNT
NUMBER, CREDIT CARD NUMBER, DEBIT CARD NUMBER, INSURANCE POLICY NUMBER,
OR ANY OTHER FINANCIAL INFORMATION, MEDICAL INFORMATION, MENTAL HEALTH
INFORMATION, OR HEALTH INSURANCE INFORMATION;
(C) COMMERCIAL INFORMATION, INCLUDING A RECORD OF PERSONAL PROPERTY,
INCOME, ASSETS, LEASES, RENTALS, PRODUCTS OR SERVICES PURCHASED,
OBTAINED, OR CONSIDERED, OR OTHER PURCHASING OR CONSUMING HISTORY;
(D) BIOMETRIC INFORMATION, INCLUDING A RETINA OR IRIS SCAN, FINGER-
PRINT, VOICEPRINT, OR SCAN OF HAND OR FACE GEOMETRY;
(E) INTERNET OR OTHER ELECTRONIC NETWORK ACTIVITY INFORMATION, INCLUD-
ING BROWSING HISTORY, SEARCH HISTORY, CONTENT, INCLUDING TEXT, PHOTO-
GRAPHS, AUDIO OR VIDEO RECORDINGS, OR OTHER USER-GENERATED CONTENT,
NON-PUBLIC COMMUNICATIONS, AND INFORMATION REGARDING AN INDIVIDUAL'S
S. 2505--A 71 A. 3005--A
INTERACTION WITH AN INTERNET WEBSITE, MOBILE APPLICATION, OR ADVERTISE-
MENT;
(F) HISTORICAL OR REAL-TIME GEOLOCATION DATA;
(G) AUDIO, VISUAL, THERMAL, OLFACTORY, OR SIMILAR INFORMATION;
(H) EDUCATION RECORDS, AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO
OF THE EDUCATION LAW;
(I) POLITICAL INFORMATION OR INFORMATION ON CRIMINAL CONVICTIONS OR
ARRESTS;
(J) ANY REQUIRED SECURITY CODE, ACCESS CODE, PASSWORD, OR USERNAME
NECESSARY TO PERMIT ACCESS TO THE ACCOUNT OF AN INDIVIDUAL;
(K) TRAITS OR CHARACTERISTICS OF AN INDIVIDUAL PROTECTED UNDER THE
HUMAN RIGHTS LAW; OR
(L) AN INFERENCE DRAWN FROM ANY OF THE INFORMATION DESCRIBED IN THIS
PARAGRAPH TO CREATE A PROFILE ABOUT AN INDIVIDUAL REFLECTING THE INDI-
VIDUAL'S PREFERENCES, CHARACTERISTICS, PSYCHOLOGICAL TRENDS, PREFER-
ENCES, PREDISPOSITIONS, BEHAVIOR, ATTITUDES, INTELLIGENCE, ABILITIES, OR
APTITUDES.
(II) PERSONAL INFORMATION SHALL NOT INCLUDE:
(A) DE-IDENTIFIED DATA;
(B) PERSONAL INFORMATION THAT IS COLLECTED BY A BUSINESS ABOUT A
NATURAL PERSON IN THE COURSE OF THE NATURAL PERSON ACTING AS A JOB
APPLICANT TO, AN EMPLOYEE OF, OWNER OF, DIRECTOR OF, OFFICER OF, MEDICAL
STAFF MEMBER OF, OR CONTRACTOR OF THAT BUSINESS TO THE EXTENT THAT THE
NATURAL PERSON'S PERSONAL INFORMATION IS COLLECTED AND USED BY THE BUSI-
NESS SOLELY WITHIN THE CONTEXT OF THE NATURAL PERSON'S ROLE OR FORMER
ROLE AS A JOB APPLICANT TO, AN EMPLOYEE OF, OWNER OF, DIRECTOR OF, OFFI-
CER OF, MEDICAL STAFF MEMBER OF, OR A CONTRACTOR OF THAT BUSINESS;
(C) PERSONAL INFORMATION THAT IS COLLECTED BY A BUSINESS THAT IS EMER-
GENCY CONTACT INFORMATION OF THE NATURAL PERSON ACTING AS A JOB APPLI-
CANT TO, AN EMPLOYEE OF, OWNER OF, DIRECTOR OF, OFFICER OF, MEDICAL
STAFF MEMBER OF, OR CONTRACTOR OF THAT BUSINESS TO THE EXTENT THAT THE
PERSONAL INFORMATION IS COLLECTED AND USED SOLELY WITHIN THE CONTEXT OF
HAVING AN EMERGENCY CONTACT ON FILE; OR
(D) PERSONAL INFORMATION THAT IS NECESSARY FOR THE BUSINESS TO RETAIN
TO ADMINISTER BENEFITS FOR ANOTHER NATURAL PERSON RELATING TO THE
NATURAL PERSON ACTING AS A JOB APPLICANT TO, AN EMPLOYEE OF, OWNER OF,
DIRECTOR OF, OFFICER OF, MEDICAL STAFF MEMBER OF, OR CONTRACTOR OF THAT
BUSINESS TO THE EXTENT THAT THE PERSONAL INFORMATION IS COLLECTED AND
USED SOLELY WITHIN THE CONTEXT OF ADMINISTERING THOSE BENEFITS.
(H) "PUBLICLY AVAILABLE INFORMATION" IS THAT WHICH A COVERED ENTITY
HAS A REASONABLE BASIS TO BELIEVE IS LAWFULLY MADE AVAILABLE TO THE
GENERAL PUBLIC FROM: FEDERAL, STATE OR LOCAL GOVERNMENT RECORDS; WIDELY
DISTRIBUTED MEDIA; OR DISCLOSURES TO THE GENERAL PUBLIC THAT ARE
REQUIRED TO BE MADE BY FEDERAL, STATE OR LOCAL LAW.
(I) "VERIFIABLE CONSUMER REQUEST" MEANS A REQUEST THAT IS MADE BY A
CONSUMER, BY A CONSUMER ON BEHALF OF THE CONSUMER'S MINOR CHILD, OR BY A
NATURAL PERSON OR A PERSON REGISTERED WITH THE SECRETARY OF STATE,
AUTHORIZED BY THE CONSUMER TO ACT ON THE CONSUMER'S BEHALF, AND THAT THE
COVERED ENTITY CAN REASONABLY VERIFY TO BE THE CONSUMER ABOUT WHOM THE
BUSINESS HAS COLLECTED PERSONAL INFORMATION. A COVERED ENTITY IS NOT
OBLIGATED TO PERFORM ANY ACTION RELATED TO PARAGRAPH (G) OF SUBDIVISION
THREE OF THIS SECTION IF THE COVERED ENTITY CANNOT VERIFY THAT THE
CONSUMER MAKING THE REQUEST IS THE CONSUMER ABOUT WHOM THE COVERED ENTI-
TY HAS COLLECTED INFORMATION OR IS A PERSON AUTHORIZED BY THE CONSUMER
TO ACT ON SUCH CONSUMER'S BEHALF.
2. EXCEPTIONS. THIS SECTION SHALL NOT APPLY TO:
S. 2505--A 72 A. 3005--A
(A) STATE AND LOCAL GOVERNMENT ENTITIES, INCLUDING AGENCIES, BOARDS,
COMMISSIONS, AND AUTHORITIES;
(B) PERSONAL INFORMATION THAT IS:
(I) COLLECTED, STORED, OR OTHERWISE UTILIZED IN ACCORDANCE WITH THE
FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, THE
HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT, THE
GRAMM-LEACH-BLILEY ACT, OR THE DRIVER'S PRIVACY PROTECTION ACT;
(II) MAINTAINED FOR EMPLOYMENT RECORDS PURPOSES, TO THE EXTENT THAT
SUCH DATA SETS ARE REQUIRED TO BE MAINTAINED BY AN ENTITY TO MEET ITS
LEGAL REQUIREMENTS;
(III) COLLECTED, STORED, OR OTHERWISE UTILIZED IN ACCORDANCE WITH THE
FAIR CREDIT REPORTING ACT;
(IV) PUBLICLY AVAILABLE INFORMATION; OR
(V) DE-IDENTIFIED DATA.
3. REQUIREMENTS OF COVERED ENTITIES. A COVERED ENTITY SHALL:
(A) LIMIT THE COLLECTION OF PERSONAL INFORMATION TO PERSONAL INFORMA-
TION OBTAINED BY LAWFUL MEANS AND IN ACCORDANCE WITH SUBDIVISION FIVE OF
THIS SECTION.
(B) ONLY COLLECT PERSONAL INFORMATION RELEVANT TO THE PURPOSES FOR
WHICH THEY ARE INTENDED TO BE USED AND ONLY TO THE EXTENT NECESSARY FOR
THOSE PURPOSES.
(C) AT OR BEFORE THE POINT OF COLLECTION, INFORM THE CONSUMER AS TO
THE TYPE OF PERSONAL INFORMATION TO BE COLLECTED AND THE PURPOSES FOR
WHICH SUCH PERSONAL INFORMATION SHALL BE USED. A COVERED ENTITY SHALL
NOT COLLECT ADDITIONAL CATEGORIES OF PERSONAL INFORMATION OR USE
PERSONAL INFORMATION COLLECTED FOR ADDITIONAL PURPOSES WITHOUT PROVIDING
THE CONSUMER WITH NOTICE OF SUCH COLLECTION AND THE OPTION TO LIMIT SUCH
COLLECTION PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
(D) NOT USE OR DISCLOSE PERSONAL INFORMATION FOR PURPOSES OTHER THAN
THOSE SPECIFIED, EXCEPT:
(I) WHEN THE CONSUMER HAS THE OPTION TO LIMIT THE USE OR DISCLOSURE IN
ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION; OR
(II) AS OTHERWISE REQUIRED BY LAW.
(E) PROTECT PERSONAL INFORMATION BY IMPLEMENTING SECURITY SAFEGUARDS
TO PROTECT AGAINST RISKS SUCH AS LOSS, UNAUTHORIZED ACCESS, DESTRUCTION,
USE, MODIFICATION, OR UNAUTHORIZED DISCLOSURE OF SUCH DATA.
(F) CLEARLY STATE THE IDENTITY AND LOCATION OF ANY DATA PROCESSORS,
AFFILIATES, OR CONTROLLERS.
(G) UPON RECEIPT OF A VERIFIABLE CONSUMER REQUEST, PROVIDE A CONSUMER
WITH THE ABILITY:
(I) TO OBTAIN CONFIRMATION OF WHETHER OR NOT THE COVERED ENTITY
POSSESSES PERSONAL INFORMATION ABOUT THE CONSUMER;
(II) TO HAVE PERSONAL INFORMATION COLLECTED ABOUT THE CONSUMER IN THE
LAST TWELVE MONTHS COMMUNICATED TO THE CONSUMER, WITHIN A REASONABLE
TIME, AT NO CHARGE, IN A REASONABLE MANNER, AND IN A FORM THAT IS READI-
LY INTELLIGIBLE TO THE CONSUMER, PROVIDED THAT A COVERED ENTITY MAY, BUT
SHALL NOT BE REQUIRED TO PROVIDE PERSONAL INFORMATION TO A CONSUMER MORE
THAN TWICE IN A TWELVE MONTH PERIOD;
(III) THE REASONS FOR AND THE ABILITY TO CHALLENGE A DENIAL OF A
REQUEST UNDER SUBPARAGRAPHS (IV) AND (V) OF THIS PARAGRAPH DENIED AND TO
BE ABLE TO CHALLENGE SUCH DENIAL;
(IV) TO CHALLENGE DATA RELATING TO THE CONSUMER AND, IF THE CHALLENGE
IS SUCCESSFUL, TO HAVE THE DATA RETURNED, DESTROYED, RECTIFIED,
COMPLETED OR AMENDED; AND
(V) DESTROY OR RETURN PERSONAL INFORMATION WITHOUT UNDUE DELAY, AND
DIRECT ALL AFFILIATES TO DO THE SAME, IN THE FOLLOWING CIRCUMSTANCES:
S. 2505--A 73 A. 3005--A
(A) THE PERSONAL INFORMATION IS NO LONGER NECESSARY FOR THE PURPOSES
FOR WHICH IT WAS COLLECTED OR OTHERWISE PROCESSED;
(B) THE CONSUMER AFFIRMATIVELY REQUESTS THE COVERED ENTITY STOPS THE
COLLECTION, STORAGE, OR PROCESSING OF PERSONAL INFORMATION;
(C) THE PERSONAL INFORMATION HAS BEEN UNLAWFULLY COLLECTED OR PROC-
ESSED; OR
(D) UPON A REQUEST PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF
THIS SECTION.
4. CONSUMERS' RIGHTS. THE DEPARTMENT OF STATE, IN CONSULTATION WITH
THE DEPARTMENT OF FINANCIAL SERVICES, SHALL CREATE A CONSUMER DATA
PRIVACY BILL OF RIGHTS, WHICH SHALL INCLUDE, AT A MINIMUM THE RIGHTS
DELINEATED IN THIS SUBDIVISION AND INFORMATION ON HOW A CONSUMER MAY
ENFORCE SUCH RIGHTS, AS WELL AS ANY OTHER INFORMATION DEEMED NECESSARY
TO INFORM CONSUMERS OF THEIR RIGHTS REGARDING DATA PRIVACY IN ACCORDANCE
WITH THIS SECTION OR ANY OTHER RELEVANT PROVISION OF LAW. THE RIGHTS
AFFORDED UNDER THIS SUBDIVISION SHALL BE IN ADDITION TO ANY OTHER RIGHTS
AFFORDED UNDER ANY OTHER PROVISION OF STATE OR FEDERAL LAW. CONSUMERS
SHALL HAVE THE FOLLOWING RIGHTS:
(A) THE RIGHT TO PROTECTION OF THEIR PERSONAL INFORMATION BY COVERED
ENTITIES.
(B) THE RIGHT TO EXERCISE CONTROL OVER WHAT PERSONAL INFORMATION
COVERED ENTITIES COLLECT FROM THEM AND HOW IT IS USED.
(C) THE RIGHT TO REQUEST THAT A COVERED ENTITY RETURN, DESTROY, AMEND
OR OTHERWISE ALTER THE PERSONAL INFORMATION COLLECTED ABOUT THE CONSUMER
IN ACCORDANCE WITH PARAGRAPH (G) OF SUBDIVISION THREE OF THIS SECTION.
PROVIDED HOWEVER, THIS RIGHT SHALL NOT APPLY TO THE EXTENT THAT THE
POSSESSION, AND PROCESSING OF SUCH DATA:
(I) IS EXERCISING THE RIGHT OF FREEDOM OF SPEECH OR OTHER LEGAL RIGHT
BY THE COVERED ENTITY OR ANOTHER PARTY;
(II) IS NECESSARY FOR COMPLIANCE WITH A LEGAL OBLIGATION;
(III) IS MAINTAINED FOR REASONS OF PUBLIC INTEREST IN THE AREA OF
PUBLIC HEALTH;
(IV) IS SOLELY USED FOR ARCHIVING PURPOSES IN THE PUBLIC INTEREST, FOR
SCIENTIFIC OR HISTORICAL RESEARCH PURPOSES OR STATISTICAL PURPOSES IN SO
FAR AS THE RIGHT TO ERASURE IS LIKELY TO RENDER IMPOSSIBLE OR SERIOUSLY
IMPAIR THE ACHIEVEMENT OF THE OBJECTIVES OF THAT COLLECTION OR PROCESS-
ING;
(V) IS USED FOR THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL
CLAIMS; OR
(VI) IS USED TO COMPLETE THE TRANSACTION FOR WHICH THE PERSONAL INFOR-
MATION WAS COLLECTED, FULFILL THE TERMS OF A WRITTEN WARRANTY OR PRODUCT
RECALL CONDUCTED IN ACCORDANCE WITH FEDERAL LAW, PROVIDE A GOOD OR
SERVICE REQUESTED BY THE CONSUMER, OR REASONABLY ANTICIPATED WITHIN THE
CONTEXT OF A BUSINESS' ONGOING BUSINESS RELATIONSHIP WITH THE CONSUMER,
OR OTHERWISE PERFORM A CONTRACT BETWEEN THE BUSINESS AND THE CONSUMER.
(D) THE RIGHT TO EASILY UNDERSTANDABLE AND ACCESSIBLE INFORMATION
ABOUT THE PRIVACY AND SECURITY PRACTICES OF A COVERED ENTITY.
(E) THE RIGHT TO SECURE AND RESPONSIBLE HANDLING OF PERSONAL INFORMA-
TION.
(F) THE RIGHT TO ACCESS AND CORRECT PERSONAL INFORMATION IN A FORM AND
MANNER THAT CAN BE ACCESSED BY THE CONSUMER, AND THAT IS APPROPRIATE TO
ENSURE THE DATA REMAINS PROTECTED.
(G) THE RIGHT TO OPT-OUT OF THE SALE OF PERSONAL INFORMATION, AS
FOLLOWS:
(I) A CONSUMER SHALL HAVE THE RIGHT, AT ANY TIME, TO DIRECT A COVERED
ENTITY THAT SELLS OR SHARES PERSONAL INFORMATION ABOUT THE CONSUMER TO
S. 2505--A 74 A. 3005--A
THIRD PARTIES NOT TO SELL OR SHARE THE CONSUMER'S PERSONAL INFORMATION.
THIS RIGHT MAY BE REFERRED TO AS THE RIGHT TO OPT-OUT OF SALE OR SHAR-
ING;
(II) A COVERED ENTITY THAT SELLS CONSUMERS' PERSONAL INFORMATION TO,
OR SHARES IT WITH, THIRD PARTIES SHALL PROVIDE NOTICE TO CONSUMERS IN A
CLEAR AND UNAMBIGUOUS MANNER THAT THIS INFORMATION MAY BE SOLD OR SHARED
AND THAT CONSUMERS HAVE THE "RIGHT TO OPT-OUT" OF THE SALE OR SHARING OF
THEIR PERSONAL INFORMATION PURSUANT TO SUBDIVISION FIVE OF THIS SECTION;
(III) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A BUSINESS
SHALL NOT SELL OR SHARE THE PERSONAL INFORMATION OF CONSUMERS IF THE
BUSINESS HAS ACTUAL KNOWLEDGE THAT THE CONSUMER IS LESS THAN EIGHTEEN
YEARS OF AGE, UNLESS THE CONSUMER'S PARENT OR GUARDIAN HAS AFFIRMATIVELY
AUTHORIZED THE SALE OR SHARING OF THE CONSUMER'S PERSONAL INFORMATION. A
BUSINESS THAT WILLFULLY DISREGARDS THE CONSUMER'S AGE SHALL BE DEEMED TO
HAVE HAD ACTUAL KNOWLEDGE OF THE CONSUMER'S AGE;
(IV) A BUSINESS THAT HAS RECEIVED DIRECTION FROM A CONSUMER NOT TO
SELL OR SHARE THE CONSUMER'S PERSONAL INFORMATION OR, IN THE CASE OF A
MINOR CONSUMER'S PERSONAL INFORMATION HAS NOT RECEIVED CONSENT TO SELL
OR SHARE THE MINOR CONSUMER'S PERSONAL INFORMATION, SHALL BE PROHIBITED
FROM SELLING OR SHARING THE CONSUMER'S PERSONAL INFORMATION AFTER ITS
RECEIPT OF THE CONSUMER'S DIRECTION, UNLESS THE CONSUMER SUBSEQUENTLY
OPTS-IN TO THE SALE OR SHARING OF THE CONSUMER'S PERSONAL INFORMATION;
OR
(V) RIGHT TO EQUAL SERVICES AFTER EXERCISING OF ANY RIGHTS.
(H) (I) EXCEPT AS OTHERWISE PERMITTED IN THIS PARAGRAPH, A COVERED
ENTITY SHALL NOT DISCRIMINATE AGAINST A CONSUMER BECAUSE THE CONSUMER
EXERCISED ANY OF THE CONSUMER'S RIGHTS UNDER THIS SECTION, INCLUDING,
BUT NOT LIMITED TO, BY:
(A) DENYING GOODS OR SERVICES TO THE CONSUMER;
(B) CHARGING DIFFERENT PRICES OR RATES FOR GOODS OR SERVICES, INCLUD-
ING THROUGH THE USE OF DISCOUNTS OR OTHER BENEFITS OR IMPOSING PENAL-
TIES; OR
(C) PROVIDING A DIFFERENT LEVEL OR QUALITY OF GOODS OR SERVICES TO THE
CONSUMER.
(II) NOTHING IN THIS SECTION SHALL PROHIBIT A COVERED ENTITY FROM
CHARGING A CONSUMER A DIFFERENT PRICE OR RATE, OR FROM PROVIDING A
DIFFERENT LEVEL OR QUALITY OF GOODS OR SERVICES TO THE CONSUMER, IF THAT
DIFFERENCE IS REASONABLY RELATED TO THE VALUE PROVIDED TO THE BUSINESS
BY THE CONSUMER'S PERSONAL INFORMATION.
(III) THIS PARAGRAPH DOES NOT PROHIBIT A COVERED ENTITY FROM OFFERING
LOYALTY, REWARDS, PREMIUM FEATURES, DISCOUNTS, OR CLUB CARD PROGRAMS
OTHERWISE CONSISTENT WITH THIS SECTION.
(IV) A COVERED ENTITY MAY OFFER FINANCIAL INCENTIVES, INCLUDING
PAYMENTS TO CONSUMERS AS COMPENSATION, FOR THE COLLECTION, SALE, SHAR-
ING, OR RETENTION OF A CONSUMER'S PERSONAL INFORMATION. A COVERED ENTITY
THAT OFFERS ANY FINANCIAL INCENTIVES PURSUANT TO THIS SUBDIVISION, SHALL
CLEARLY AND CONSPICUOUSLY NOTIFY CONSUMERS OF SUCH FINANCIAL INCENTIVES.
(V) A COVERED ENTITY MAY ENROLL A CONSUMER INTO A FINANCIAL INCENTIVE
PROGRAM ONLY IF THE CONSUMER GIVES THE COVERED ENTITY PRIOR OPT-IN
CONSENT THAT CLEARLY DESCRIBES THE MATERIAL TERMS OF THE FINANCIAL
INCENTIVE PROGRAM, AND WHICH MAY BE REVOKED BY THE CONSUMER AT ANY TIME.
IF A CONSUMER DECLINES TO PROVIDE OPT-IN CONSENT, THEN THE COVERED ENTI-
TY SHALL WAIT AT LEAST TWELVE MONTHS BEFORE MAKING A SUBSEQUENT REQUEST
THAT THE CONSUMER PROVIDE OPT-IN CONSENT. PROVIDED HOWEVER, NOTHING
SHALL PRECLUDE A COVERED ENTITY FROM ENROLLING A CONSUMER INTO SUCH A
S. 2505--A 75 A. 3005--A
FINANCIAL INCENTIVE PROGRAM, PRIOR TO SUCH TWELVE MONTH PERIOD UPON THE
RECEIPT OF A VERIFIABLE CONSUMER REQUEST TO OPT-IN TO SUCH PROGRAM.
(VI) A COVERED ENTITY SHALL NOT USE FINANCIAL INCENTIVE PRACTICES THAT
ARE UNJUST, UNREASONABLE, COERCIVE, OR USURIOUS IN NATURE.
5. METHODS OF LIMITING SALE, SHARING, COLLECTION AND USE OF PERSONAL
INFORMATION. (A) A COVERED ENTITY THAT SELLS OR SHARES CONSUMERS'
PERSONAL INFORMATION SHALL, IN A FORM THAT IS REASONABLY ACCESSIBLE TO
CONSUMERS:
(I) PROVIDE A CLEAR AND CONSPICUOUS LINK ON THE COVERED ENTITY'S
INTERNET HOMEPAGES, TITLED "DO NOT SELL OR SHARE MY PERSONAL INFORMA-
TION", TO AN INTERNET WEB PAGE THAT ENABLES A CONSUMER, OR A PERSON
AUTHORIZED BY THE CONSUMER, TO OPT-OUT OF THE SALE OR SHARING OF THE
CONSUMER'S PERSONAL INFORMATION;
(II) PROVIDE A CLEAR AND CONSPICUOUS LINK ON THE COVERED ENTITY'S
INTERNET HOMEPAGES, TITLED "LIMIT THE USE AND COLLECTION OF MY PERSONAL
INFORMATION", THAT ENABLES A CONSUMER, OR A PERSON AUTHORIZED BY THE
CONSUMER, TO LIMIT THE COLLECTION, USE OR DISCLOSURE OF THE CONSUMER'S
PERSONAL INFORMATION TO THOSE USES AUTHORIZED BY SUBDIVISION THREE OF
THIS SECTION;
(III) AT THE COVERED ENTITY'S DISCRETION, UTILIZE A SINGLE, CLEARLY
LABELED LINK ON THE COVERED ENTITY'S INTERNET HOMEPAGES, IN LIEU OF
COMPLYING WITH SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH, IF THAT
LINK EASILY ALLOWS A CONSUMER TO OPT-OUT OF THE SALE OR SHARING OF THE
CONSUMER'S PERSONAL INFORMATION AND TO LIMIT THE USE, COLLECTION OR
DISCLOSURE OF THE CONSUMER'S PERSONAL INFORMATION; AND
(IV) IN THE EVENT THAT A COVERED ENTITY RESPONDS TO OPT-OUT REQUESTS
RECEIVED PURSUANT TO SUBPARAGRAPH (I), (II), OR (III) OF THIS PARAGRAPH
BY INFORMING THE CONSUMER OF A CHARGE FOR THE USE OF ANY PRODUCT OR
SERVICE, PRESENT THE TERMS OF ANY FINANCIAL INCENTIVE OFFERED IN ACCORD-
ANCE WITH PARAGRAPH (I) OF SUBDIVISION FOUR OF THIS SECTION FOR THE
RETENTION, USE, SALE, OR SHARING OF THE CONSUMER'S PERSONAL INFORMATION.
(B) A COVERED ENTITY THAT RECEIVES A REQUEST PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION MUST COMPLY WITH THE REQUEST AS SOON AS TECH-
NICALLY FEASIBLE, BUT IN NO INSTANCE LONGER THAN THIRTY DAYS FROM THE
RECEIPT OF THE REQUEST.
6. OUTREACH AND EDUCATION. THE DEPARTMENT OF STATE CONSUMER PROTECTION
DIVISION (THE "DIVISION") SHALL, IN CONJUNCTION WITH THE DEPARTMENT OF
FINANCIAL SERVICES, DEVELOP, ESTABLISH, AND IMPLEMENT A PUBLIC EDUCATION
AWARENESS PROGRAM ADVISING CONSUMERS ABOUT:
(A) THE EXISTENCE OF THE CONSUMER DATA PRIVACY BILL OF RIGHTS AND
WHERE SUCH BILL OF RIGHTS CAN BE ACCESSED AND DOWNLOADED;
(B) THE SIGNIFICANCE EACH INDIVIDUAL CONSUMER PERSONAL PRIVATE DATA
POINT HOLDS IN THE MARKETPLACE;
(C) AFFIRMATIVE STEPS CONSUMERS CAN TAKE TO PREVENT UNAUTHORIZED USE
OF PERSONAL PRIVATE DATA AND THE DANGERS INHERENT IN NOT PROTECTING SUCH
DATA;
(D) THE PROGRAM SHALL INCLUDE A DEDICATED WEBPAGE ON THE DIVISION'S
WEBSITE, BROCHURES, CONSUMER GUIDES, POSTERS OR ANY COMBINATION THEREOF;
AND
(E) THE PROGRAM SHALL BE MADE AVAILABLE TO THE PUBLIC BY ANY MEANS
DEEMED APPROPRIATE BY THE DIVISION, AND MAY INCLUDE INTERNET, RADIO, AND
PRINT ADVERTISING. THE PROGRAM MAY ALSO IDENTIFY AND RECRUIT INDIVIDUALS
TO SERVE AS VISIBLE, PUBLIC AMBASSADORS TO PROMOTE CRITICAL CONSUMER
PERSONAL INFORMATION PRIVACY MESSAGES.
S. 2505--A 76 A. 3005--A
7. CONSUMER DATA PRIVACY ADVISORY BOARD. (A) THE CONSUMER DATA PRIVACY
ADVISORY BOARD SHALL CONSIST OF THE FOLLOWING MEMBERS, OR THEIR DESIG-
NEES:
(I) THE ATTORNEY GENERAL;
(II) THE SECRETARY OF STATE;
(III) THE SUPERINTENDENT OF FINANCIAL SERVICES;
(IV) THE CHIEF INFORMATION SECURITY OFFICER;
(V) THE CHIEF DATA OFFICER; AND
(VI) TWO MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF
THE ATTORNEY GENERAL, ONE OF WHICH MUST BE AN OFFICER OR EMPLOYEE OF A
COVERED ENTITY, AND ONE OF WHICH MUST BE AN OFFICER OR EMPLOYEE OF A
DATA PRIVACY PUBLIC INTEREST OR ADVOCACY GROUP. THESE TWO MEMBERS SHALL
SERVE FOR THREE YEAR TERMS.
(B) THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION, EXCEPT
THAT EACH OF THEM SHALL BE ALLOWED THE NECESSARY AND ACTUAL EXPENSES
INCURRED IN THE PERFORMANCE OF ANY OF THEIR DUTIES HEREUNDER.
(C) THE BOARD MAY CONDUCT ANY BUSINESS AUTHORIZED HEREIN WHEN A QUORUM
OF THE MEMBERS ARE REPRESENTED IN SESSION.
(D) THE BOARD SHALL MEET AT LEAST ONCE PER YEAR AND SHALL PROVIDE
GUIDANCE AND RECOMMENDATIONS RELATED TO THIS SECTION, ANY REGULATIONS
PROMULGATED HEREUNDER, AND OTHER MATTERS RELATED TO CONSUMER DATA PRIVA-
CY.
8. RECORDKEEPING REQUIREMENTS. COVERED ENTITIES SHALL MAINTAIN
RECORDS, IN A FORM AND MANNER AS PRESCRIBED BY THE SECRETARY OF STATE,
PERTAINING TO THEIR BUSINESS PRACTICES DEMONSTRATING COMPLIANCE WITH THE
PROVISIONS OF THIS SECTION AND ANY OTHER INFORMATION AS REQUESTED BY THE
SECRETARY OF STATE. SUCH INFORMATION SHALL BE MADE AVAILABLE FOR
INSPECTION UPON THE REQUEST OF THE SECRETARY OF STATE.
9. ENFORCEMENT. THE SECRETARY OF STATE SHALL HAVE THE POWER TO ENFORCE
THE PROVISIONS OF THIS SECTION, AND UPON COMPLAINT OF ANY PERSON, OR ON
HIS OR HER OWN INITIATIVE, TO INVESTIGATE ANY VIOLATION THEREOF, IF IN
THE OPINION OF THE SECRETARY OF STATE SUCH INVESTIGATION IS WARRANTED.
UPON A FINDING OF A VIOLATION OF ANY PROVISION OF THIS SECTION, THE
SECRETARY OF STATE MAY ASSESS A CIVIL PENALTY OF UP TO SEVEN THOUSAND
FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION, WHICH MAY BE IMPOSED ON A
PER DAY BASIS FOR ANY CONTINUING VIOLATION.
10. REGULATIONS. THE DEPARTMENT OF STATE SHALL HAVE THE AUTHORITY TO
ISSUE RULES AND REGULATIONS PURSUANT TO THIS SECTION TO EFFECTUATE THIS
SECTION.
§ 3. This act shall take effect two years after it shall have become a
law.
PART JJ
Section 1. The general business law is amended by adding a new article
32-A to read as follows:
ARTICLE 32-A
VOICE RECOGNITION FEATURES IN PRODUCTS
SECTION 676. DISCLOSURES FOR THE USE OF VOICE RECOGNITION FEATURES IN
PRODUCTS.
§ 676. DISCLOSURES FOR THE USE OF VOICE RECOGNITION FEATURES IN
PRODUCTS. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING
DEFINITIONS SHALL APPLY:
(A) "CLOUD COMPUTING STORAGE SERVICE" SHALL HAVE THE SAME DEFINITION
AS SUCH TERM IS DEFINED BY THE NATIONAL INSTITUTE OF STANDARDS AND TECH-
S. 2505--A 77 A. 3005--A
NOLOGY SPECIAL PUBLICATION 800-145, OR A SUCCESSOR PUBLICATION, AND
INCLUDES THE SERVICE AND DEPLOYMENT MODELS REFERENCED THEREIN.
(B) "CONNECTED DEVICE" SHALL MEAN A TELEVISION, VIDEO GAME CONSOLE AS
DEFINED IN SECTION THREE HUNDRED NINETY-SIX-KK OF THIS CHAPTER, COMPUTER
AS DEFINED IN SECTION THREE HUNDRED NINETY-TWO-A OF THIS CHAPTER,
COMPUTER ACCESSORY AS DEFINED IN SECTION THREE HUNDRED NINETY-TWO-A OF
THIS CHAPTER, INTERNET-CAPABLE DEVICE AS DEFINED IN SECTION FIVE HUNDRED
THIRTY-EIGHT-B OF THIS CHAPTER, OR A TOY AS DEFINED IN PARAGRAPH (F) OF
THIS SUBDIVISION.
(C) "DE-IDENTIFIED DATA" SHALL MEAN:
(I) DATA THAT CANNOT BE LINKED TO A KNOWN NATURAL PERSON WITHOUT ADDI-
TIONAL INFORMATION NOT AVAILABLE TO THE COVERED ENTITY; OR
(II) DATA THAT: HAS BEEN MODIFIED TO A DEGREE THAT THE RISK OF RE-I-
DENTIFICATION IS SMALL AS DETERMINED BY A PERSON WITH APPROPRIATE KNOW-
LEDGE OF AND EXPERIENCE WITH GENERALLY ACCEPTED STATISTICAL AND SCIEN-
TIFIC PRINCIPLES AND METHODS FOR DE-IDENTIFYING DATA; IS SUBJECT TO A
PUBLIC COMMITMENT BY THE CONTROLLER NOT TO ATTEMPT TO RE-IDENTIFY THE
DATA; AND TO WHICH ONE OR MORE ENFORCEABLE CONTROLS TO PREVENT RE-IDEN-
TIFICATION HAS BEEN APPLIED. ENFORCEABLE CONTROLS TO PREVENT RE-IDENTI-
FICATION MAY INCLUDE LEGAL, ADMINISTRATIVE, TECHNICAL, OR CONTRACTUAL
CONTROLS.
(D) "PERSONAL INFORMATION" SHALL MEAN DATA RELATING TO AN IDENTIFIED
OR IDENTIFIABLE NATURAL PERSON PROVIDED FURTHER THAT:
(I) PERSONAL INFORMATION SHALL INCLUDE BUT IS NOT LIMITED TO:
(A) AN IDENTIFIER SUCH AS A REAL NAME, ALIAS, SIGNATURE, DATE OF
BIRTH, GENDER IDENTITY, SEXUAL ORIENTATION, MARITAL STATUS, PHYSICAL
CHARACTERISTIC OR DESCRIPTION, POSTAL ADDRESS, TELEPHONE NUMBER, UNIQUE
PERSONAL IDENTIFIER, MILITARY IDENTIFICATION NUMBER, ONLINE IDENTIFIER,
INTERNET PROTOCOL ADDRESS, EMAIL ADDRESS, ACCOUNT NAME, MOTHER'S MAIDEN
NAME, SOCIAL SECURITY NUMBER, DRIVER'S LICENSE NUMBER, PASSPORT NUMBER,
OR OTHER SIMILAR IDENTIFIER;
(B) INFORMATION SUCH AS EMPLOYMENT, EMPLOYMENT HISTORY, BANK ACCOUNT
NUMBER, CREDIT CARD NUMBER, DEBIT CARD NUMBER, INSURANCE POLICY NUMBER,
OR ANY OTHER FINANCIAL INFORMATION, MEDICAL INFORMATION, MENTAL HEALTH
INFORMATION, OR HEALTH INSURANCE INFORMATION;
(C) COMMERCIAL INFORMATION, INCLUDING A RECORD OF PERSONAL PROPERTY,
INCOME, ASSETS, LEASES, RENTALS, PRODUCTS OR SERVICES PURCHASED,
OBTAINED, OR CONSIDERED, OR OTHER PURCHASING OR CONSUMING HISTORY;
(D) BIOMETRIC INFORMATION, INCLUDING A RETINA OR IRIS SCAN, FINGER-
PRINT, VOICEPRINT, OR SCAN OF HAND OR FACE GEOMETRY;
(E) INTERNET OR OTHER ELECTRONIC NETWORK ACTIVITY INFORMATION, INCLUD-
ING BROWSING HISTORY, SEARCH HISTORY, CONTENT, INCLUDING TEXT, PHOTO-
GRAPHS, AUDIO OR VIDEO RECORDINGS, OR OTHER USER-GENERATED CONTENT, NON-
PUBLIC COMMUNICATIONS, AND INFORMATION REGARDING AN INDIVIDUAL'S INTER-
ACTION WITH AN INTERNET WEBSITE, MOBILE APPLICATION, OR ADVERTISEMENT;
(F) HISTORICAL OR REAL-TIME GEOLOCATION DATA;
(G) AUDIO, VISUAL, THERMAL, OLFACTORY, OR SIMILAR INFORMATION;
(H) EDUCATION RECORDS, AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO
OF THE EDUCATION LAW;
(I) POLITICAL INFORMATION OR INFORMATION ON CRIMINAL CONVICTIONS OR
ARRESTS;
(J) ANY REQUIRED SECURITY CODE, ACCESS CODE, PASSWORD, OR USERNAME
NECESSARY TO PERMIT ACCESS TO THE ACCOUNT OF AN INDIVIDUAL;
(K) CHARACTERISTICS OF PROTECTED CLASSES UNDER THE HUMAN RIGHTS LAW,
INCLUDING RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, AGE, OR DISABILI-
TY; OR
S. 2505--A 78 A. 3005--A
(L) AN INFERENCE DRAWN FROM ANY OF THE INFORMATION DESCRIBED IN THIS
PARAGRAPH TO CREATE A PROFILE ABOUT AN INDIVIDUAL REFLECTING THE INDI-
VIDUAL'S PREFERENCES, CHARACTERISTICS, PSYCHOLOGICAL TRENDS, PREFER-
ENCES, PREDISPOSITIONS, BEHAVIOR, ATTITUDES, INTELLIGENCE, ABILITIES, OR
APTITUDES.
(II) PERSONAL INFORMATION SHALL NOT INCLUDE DE-IDENTIFIED DATA.
(E) "RETAINED" SHALL MEAN THE SAVING OR STORING, OR BOTH SAVING AND
STORING, OF VOICE RECORDED DATA LONGER THAN THE MINIMUM TIME NECESSARY
TO COMPLETE A REQUESTED COMMAND BY THE USER.
(F) "TOY" SHALL MEAN ANY PRODUCT DESIGNED OR INTENDED BY THE MANUFAC-
TURER TO BE USED BY CHILDREN OR ADULTS FOR AMUSEMENT OR PLAY.
(G) "USER" SHALL MEAN A PERSON WHO ORIGINALLY PURCHASES, LEASES, OR
TAKES OWNERSHIP OF A CONNECTED DEVICE OR ANOTHER PERSON DESIGNATED BY
THE USER TO PERFORM THE INITIAL SETUP OR INSTALLATION OF THE CONNECTED
DEVICE, BUT SUCH TERM SHALL NOT INCLUDE A PERSON WHO IS INCIDENTALLY
RECORDED WHEN A VOICE RECOGNITION FEATURE IS ACTIVATED BY A USER.
(H) "VOICE RECOGNITION FEATURE" SHALL MEAN THE FUNCTION OF A CONNECTED
DEVICE WITH A VOICE RECOGNITION FEATURE THAT ALLOWS THE COLLECTION,
RECORDING, STORAGE, ANALYSIS, TRANSMISSION, INTERPRETATION, OR OTHER USE
OF SPOKEN WORDS OR OTHER SOUNDS, EXCEPT THAT THIS TERM SHALL NOT INCLUDE
SPOKEN WORDS OR OTHER SOUNDS THAT ARE NOT RECORDED, RETAINED, OR TRANS-
MITTED BEYOND THE CONNECTED DEVICE.
(I) "VOICE RECORDED DATA" SHALL MEAN AUDIO RECORDINGS OR TRAN-
SCRIPTIONS OF THOSE RECORDINGS COLLECTED THROUGH THE OPERATION OF A
VOICE RECOGNITION FEATURE BY THE MANUFACTURER OF A CONNECTED DEVICE.
2. DISCLOSURES ON USE OF VOICE RECOGNITION. (A) A PERSON OR ENTITY
SHALL NOT SELL OR OTHERWISE PROVIDE A CONNECTED DEVICE OR TOY CONTAINING
A VOICE RECOGNITION FEATURE WITHIN THIS STATE WITHOUT PROMINENTLY
INFORMING PURCHASERS BOTH PRIOR TO THE SALE ON ITS PACKAGING AND DURING
THE INITIAL SETUP OR INSTALLATION THAT, AT A MINIMUM, THE DEVICE MAY BE
RECORDING THE USER. DURING THE INITIAL SETUP OR INSTALLATION SUCH DEVICE
MUST DISCLOSE: THE CATEGORIES OF PERSONAL INFORMATION COLLECTED, THE
PURPOSES FOR WHICH THIS PERSONAL INFORMATION IS COLLECTED, AND THAT IF
THE PERSON OR ENTITY IS RETAINING SUCH VOICE RECORDED DATA, FOR HOW
LONG, AND WHETHER A NATURAL PERSON MAY LISTEN TO SUCH AUDIO.
(B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE THE
DISCLOSURE OF ANY RECORDINGS RETAINED BY THE MANUFACTURER, ANY AFFIL-
IATES OF THE SAME, OR ANY THIRD PARTIES WITH A CONTRACTUAL RELATIONSHIP
WITH THE MANUFACTURER, TO ANY INDIVIDUAL OR ENTITY, INCLUDING A LAW
ENFORCEMENT AGENCY, OR ANY OFFICER, EMPLOYEE, OR AGENT OF SUCH AGENCY,
UNLESS OTHERWISE AUTHORIZED BY LAW OR PURSUANT TO A JUDICIAL ORDER.
(C) A MANUFACTURER SHALL NOT BE LIABLE FOR FUNCTIONALITY PROVIDED BY
APPLICATIONS THAT THE USER CHOOSES TO USE IN A CLOUD COMPUTING STORAGE
SERVICE OR ARE DOWNLOADED AND INSTALLED BY A USER, UNLESS THE MANUFAC-
TURER COLLECTS, CONTROLS, OR HAS ACCESS TO ANY PERSONAL INFORMATION
COLLECTED OR ELICITED BY THE APPLICATIONS.
(D) THIS SECTION SHALL NOT APPLY TO A PRODUCT OR SERVICE USED ONLY TO
RECORD INFORMATION BY A COVERED ENTITY, A HEALTH CARE PROVIDER, A BUSI-
NESS ASSOCIATE, A HEALTH CARE SERVICE PLAN, A CONTRACTOR, AN EMPLOYEE OR
ANOTHER PERSON THAT IS SUBJECT TO THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996 OR REGULATIONS PROMULGATED UNDER SUCH ACT,
WITH RESPECT TO ANY ACTION THAT SUCH ACT REGULATES.
(E) THIS SECTION SHALL NOT APPLY TO ANY CONNECTED DEVICE REGULATED BY
THE UNITED STATES FOOD AND DRUG ADMINISTRATION UNDER 21 C.F.R. PARTS 800
TO 1299 OR OTHER REQUIREMENTS, REGULATIONS, AND GUIDANCE THE UNITED
S. 2505--A 79 A. 3005--A
STATES FOOD AND DRUG ADMINISTRATION PROMULGATES WITH RESPECT TO MEDICAL
DEVICES, INCLUDING SOFTWARE AS A MEDICAL DEVICE.
3. ENFORCEMENT. THE SECRETARY OF STATE SHALL HAVE THE POWER TO ENFORCE
THE PROVISIONS OF THIS SECTION, AND UPON COMPLAINT OF ANY PERSON, OR ON
HIS OR HER OWN INITIATIVE, TO INVESTIGATE ANY VIOLATION THEREOF, IF IN
THE OPINION OF THE SECRETARY OF STATE SUCH INVESTIGATION IS WARRANTED.
UPON A FINDING OF A VIOLATION OF ANY PROVISION OF THIS SECTION, THE
SECRETARY OF STATE MAY ASSESS A CIVIL PENALTY OF UP TO TWO THOUSAND FIVE
HUNDRED DOLLARS FOR EACH SUCH VIOLATION.
§ 2. This act shall take effect one year after it shall have become a
law.
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 NINETY-FIVE PERCENT OF the state aid
payment received in the state fiscal year commencing April first, two
thousand [eight] TWENTY from an appropriation for aid to municipalities
with video lottery gaming facilities.
[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.
S. 2505--A 80 A. 3005--A
[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. Subparagraph (i) of paragraph a of subdivision 10 of
section 54 of the state finance law, as added by section 1 of part F of
chapter 56 of the laws of 2007, is amended to read as follows:
(i) "Municipality" means a city with a population less than one
million[, town or village].
§ 2. Subparagraph (v) of paragraph b of subdivision 10 of section 54
of the state finance law, as added by section 1 of part PPP of chapter
59 of the laws of 2019, is amended and a new subparagraph (vi) is added
to read as follows:
(v) Notwithstanding subparagraph (i) of this paragraph, within amounts
appropriated in the state fiscal year commencing April first, two thou-
sand nineteen, [and annually thereafter,] there shall be apportioned and
paid to each municipality [which is a city] a base level grant in an
amount equal to the prior year aid received by such city, and there
shall be apportioned and paid to each [municipality which is a] town or
village a base level grant in accordance with clause two of this subpar-
agraph.
(1) When used in this subparagraph, unless otherwise expressly stated:
(A) "two thousand eighteen--two thousand nineteen AIM funding" shall
mean the sum of the base level grant paid in the state fiscal year that
began April first, two thousand eighteen pursuant to this paragraph.
(B) "two thousand seventeen total expenditures" shall mean all funds
and total expenditures for a town or a village as reported to the state
comptroller for local fiscal years ended in two thousand seventeen.
(C) "AIM Reliance" shall mean two thousand eighteen-two thousand nine-
teen AIM funding calculated as a percentage of two thousand seventeen
total expenditures, provided that, for a village which dissolved during
the state fiscal year that began April first, two thousand eighteen, the
village's two thousand eighteen--two thousand nineteen AIM funding shall
be added to the existing two thousand eighteen--two thousand nineteen
AIM funding of the town into which the village dissolved for purposes of
this calculation.
(2) A base level grant equal to a town or village's prior year aid
only if such town or village's AIM reliance equals two percent or great-
er as reported to and published by the state comptroller as of January
tenth, two thousand nineteen.
(VI) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, WITHIN
AMOUNTS APPROPRIATED IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST,
TWO THOUSAND TWENTY-ONE, AND ANNUALLY THEREAFTER, THERE SHALL BE APPOR-
S. 2505--A 81 A. 3005--A
TIONED AND PAID TO EACH MUNICIPALITY A BASE LEVEL GRANT IN ACCORDANCE
WITH CLAUSE TWO OF THIS SUBPARAGRAPH:
(1) WHEN USED IN THIS SUBPARAGRAPH, UNLESS OTHERWISE EXPRESSLY STATED:
(A) "TWO THOUSAND NINETEEN-TWO THOUSAND TWENTY AIM FUNDING" SHALL MEAN
THE SUM OF THE BASE LEVEL GRANT PAID IN THE STATE FISCAL YEAR THAT BEGAN
APRIL FIRST, TWO THOUSAND NINETEEN PURSUANT TO THIS PARAGRAPH.
(B) "TWO THOUSAND NINETEEN EXPENDITURES" SHALL MEAN GENERAL FUND
EXPENDITURES FOR A MUNICIPALITY AS REPORTED TO AND PUBLISHED BY THE
STATE COMPTROLLER FOR LOCAL FISCAL YEARS ENDED IN TWO THOUSAND NINETEEN.
(C) "AIM RELIANCE" SHALL MEAN TWO THOUSAND NINETEEN-TWO THOUSAND TWEN-
TY AIM FUNDING CALCULATED AS A PERCENTAGE OF TWO THOUSAND NINETEEN
EXPENDITURES.
(2) A BASE LEVEL GRANT EQUAL TO:
(A) EIGHTY PERCENT OF A MUNICIPALITY'S TWO THOUSAND NINETEEN-TWO THOU-
SAND TWENTY AIM FUNDING IF SUCH MUNICIPALITY'S AIM RELIANCE WAS EQUAL
TO OR LESS THAN 8.1500 PERCENT; OR
(B) EIGHTY-FIVE PERCENT OF A MUNICIPALITY'S TWO THOUSAND NINETEEN-TWO
THOUSAND TWENTY AIM FUNDING IF SUCH MUNICIPALITY'S AIM RELIANCE WAS
HIGHER THAN 8.1500 PERCENT BUT LESS THAN OR EQUAL TO 11.3436 PERCENT; OR
(C) NINETY PERCENT OF A MUNICIPALITY'S TWO THOUSAND NINETEEN-TWO THOU-
SAND TWENTY AIM FUNDING IF SUCH MUNICIPALITY'S AIM RELIANCE WAS HIGHER
THAN 11.3436 PERCENT BUT LESS THAN OR EQUAL TO 14.1522 PERCENT; OR
(D) NINETY-SEVEN AND ONE-HALF PERCENT OF A MUNICIPALITY'S TWO THOUSAND
NINETEEN-TWO THOUSAND TWENTY AIM FUNDING IF SUCH MUNICIPALITY'S AIM
RELIANCE WAS HIGHER THAN 14.1522 PERCENT; OR
(E) EIGHTY PERCENT OF A MUNICIPALITY'S TWO THOUSAND NINETEEN-TWO THOU-
SAND TWENTY AIM FUNDING IF SUCH MUNICIPALITY HAS NOT, BY MAY FIFTEENTH,
TWO THOUSAND TWENTY-ONE, REPORTED THE INFORMATION TO THE STATE COMP-
TROLLER NECESSARY TO ESTABLISH ITS TWO THOUSAND NINETEEN EXPENDITURES.
§ 3. Paragraph 5-a of subdivision (c) of section 1261 of the tax law,
as amended by section 2 of part NN of chapter 55 of the laws of 2020, 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
paragraph three of this subdivision, for each TOWN OR VILLAGE that
received a base level grant in state fiscal year two thousand eighteen-
two thousand nineteen [but not in state fiscal year two thousand nine-
teen-two thousand twenty] under the aid and incentives for munici-
palities 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 TOWN OR VILLAGE 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 authority, and the Erie
county fiscal stability authority, an amount equal to EIGHTY PERCENT OF
the base level grant received by such TOWN OR VILLAGE in state fiscal
year two thousand eighteen-two thousand nineteen and shall annually
distribute, by December fifteenth, two thousand [nineteen] TWENTY-ONE
and by such date annually thereafter, such amount directly to such TOWN
OR VILLAGE, unless such TOWN OR VILLAGE has a fiscal year ending May
thirty-first, then such annual distribution shall be made by May
fifteenth, two thousand [twenty] TWENTY-TWO and by such date annually
thereafter. No county shall have any right, title or interest in or to
S. 2505--A 82 A. 3005--A
the taxes, penalties and interest required to be withheld or distributed
pursuant to this paragraph.
§ 4. This act shall take effect immediately, provided, however, that
the amendments made to paragraph 5-a of subdivision (c) of section 1261
of the tax law made by section three of the act shall not take effect
until July 1, 2021.
PART MM
Section 1. The opening paragraph of subparagraph 2 of paragraph a and
subparagraph 2 of paragraph b of subdivision 3 of section 11 of the
general municipal law, the opening paragraph of subparagraph 2 of para-
graph a as amended by section 1 of part W of chapter 406 of the laws of
1999 and subparagraph 2 of paragraph b as amended by chapter 130 of the
laws of 1998, are amended to read as follows:
notwithstanding any other provision of general, special or local law,
any city having a population of one million or more AND ANY COUNTY may
also make investments in the following:
(2) Such obligations, unless registered or inscribed in the name of
the local government, shall be purchased through, delivered to and held
in the custody of a bank or trust company or, with respect to the city
of New York AND COUNTIES, a reputable dealer in such obligations as
shall be designated by the state comptroller, in this state. Such obli-
gations shall be purchased, sold or presented for redemption or payment
by such bank or trust company or dealer in obligations only in accord-
ance with prior written authorization from the officer authorized to
make the investment. All such transactions shall be confirmed in writing
to the local government by the bank or trust company. All obligations
held in the custody of a bank or trust company pursuant to this para-
graph shall be held by such bank or trust company pursuant to a written
custodial agreement as set forth in paragraph a of subdivision three of
section ten of this article.
§ 2. Paragraph b of subdivision 3 of section 11 of the general munici-
pal law, as amended by chapter 548 of the laws of 1997, is amended to
read as follows:
b. Such obligations, unless registered or inscribed in the name of the
local government, shall be purchased through, delivered to and held in
the custody of a bank or trust company or, with respect to the city of
New York AND COUNTIES, a reputable dealer in such obligations as shall
be designated by the state comptroller, in this state. Such obligations
shall be purchased, sold or presented for redemption or payment by such
bank or trust company or dealer in obligations only in accordance with
prior written authorization from the officer authorized to make the
investment. All such transactions shall be confirmed in writing to the
local government by the bank or trust company. All obligations held in
the custody of a bank or trust company pursuant to this paragraph shall
be held by such bank or trust company pursuant to a written custodial
agreement as set forth in paragraph a of subdivision three of section
ten of this article.
§ 3. This act shall take effect immediately, provided however the
amendments to subdivision 3 of section 11 of the general municipal law
made by section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 2 of chapter 130 of
the laws of 1998, as amended, when upon such date the provisions of
section two of this act shall take effect.
S. 2505--A 83 A. 3005--A
PART NN
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. Subdivision 11 of section 239-bb of the general municipal law is
REPEALED.
§ 3. This act shall take effect immediately.
PART OO
Section 1. Section 2 of chapter 308 of the laws of 2012 amending the
general municipal law relating to providing local governments greater
contract flexibility and cost savings by permitting certain shared
purchasing among political subdivisions, as amended by chapter 211 of
the laws of 2018, is amended to read as follows:
§ 2. This act shall take effect immediately, and shall expire and be
deemed repealed July 31, [2021] 2023.
§ 2. This act shall take effect immediately.
PART PP
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
S. 2505--A 84 A. 3005--A
PROHIBIT CONTIGUOUS COUNTIES FROM JOINTLY MAINTAINING A JAIL PURSUANT TO
A SHARED SERVICES AGREEMENT THAT HAS BEEN REVIEWED AND APPROVED BY THE
NEW YORK STATE COMMISSION OF CORRECTION. THE COMMISSION'S REVIEW AND
APPROVAL OF A SHARED SERVICES AGREEMENT SHALL BE LIMITED TO THE PORTIONS
OF THE AGREEMENT THAT DIRECTLY AFFECT THE CARE, CUSTODY, CORRECTION,
TREATMENT, SUPERVISION, DISCIPLINE, AND OTHER CORRECTIONAL PROGRAMS FOR
ALL PERSONS CONFINED IN THE JAIL.
§ 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 CONTIGUOUS COUNTIES FROM JOINTLY MAINTAINING
A JAIL PURSUANT TO SECTION TWO HUNDRED SEVENTEEN OF THE COUNTY LAW.
§ 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 CONTIGUOUS COUNTIES JOINTLY MAINTAINING A
JAIL PURSUANT TO SECTION TWO HUNDRED SEVENTEEN OF THE COUNTY LAW, THE
SHERIFF OF THE COUNTY IN WHICH SUCH JAIL IS LOCATED SHALL REGULARLY
CONSULT WITH THE SHERIFF OF ANY COUNTY JOINTLY MAINTAINING THE JAIL.
§ 4. Paragraph (b) of subdivision 3 of section 259-i of the executive
law, as amended by section 11 of part E of chapter 62 of the laws of
2003, is amended to read as follows:
(b) A person who shall have been taken into custody pursuant to this
subdivision for violation of one or more conditions of presumptive
release, parole, conditional release or post-release supervision shall,
insofar as practicable, be incarcerated in the county or city in which
the arrest occurred. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY,
NOTHING IN THIS SUBDIVISION SHALL PROHIBIT CONTIGUOUS COUNTIES FROM
JOINTLY MAINTAINING A JAIL PURSUANT TO SECTION TWO HUNDRED SEVENTEEN OF
THE COUNTY LAW.
§ 5. Paragraph (a) of subdivision 16 of section 2 of the correction
law, as amended by chapter 681 of the laws of 1990, is amended to read
as follows:
(a) "Local correctional facility." Any place [operated] MAINTAINED by
[a county] ONE OR MORE CONTIGUOUS COUNTIES, 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 trans-
portation under sentence to imprisonment in a correctional facility, or
pursuant to any other applicable provisions of law.
§ 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 PURSUANT
TO SECTION TWO HUNDRED SEVENTEEN OF THE COUNTY LAW, THE PERSON MAY BE
IMPRISONED IN A JAIL IN THE CONTIGUOUS COUNTY THAT IS PARTY TO SUCH
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, imprisonment may be for a term not exceeding
S. 2505--A 85 A. 3005--A
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 expira-
tion 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. Subdivision 4 of section 40 of the correction law, as amended by
chapter 247 of the laws of 2018, is amended to read as follows:
4. "Municipal official" means (a) the sheriff or, where a local
correctional facility is under the jurisdiction of a county department,
the head of such department, and clerk of the board of supervisors, in
the case of a county jail; (b) [the] ANY sheriff or other officer having
custody or administrative jurisdiction and the clerk of [the] ANY board
of supervisors, in the case of a [county penitentiary] JAIL MAINTAINED
BY TWO OR MORE CONTIGUOUS COUNTIES PURSUANT TO SECTION TWO HUNDRED
SEVENTEEN OF THE COUNTY LAW; (c) the clerk of the board of supervisors
in the case of a county lockup; (d) the mayor and the city clerk, in the
case of a city jail or lockup; (e) the supervisor and town clerk, in the
case of a town lockup; (f) the mayor and village clerk, in the case of a
village lockup; (g) the clerk of the board of supervisors of the county
wherein located and the officer having custody or control, in the case
of a court detention pen or a hospital prison ward.
§ 8. Paragraph (b) of subdivision 3 of section 430.20 of the criminal
procedure law, as amended by chapter 788 of the laws of 1971, is amended
to read as follows:
(b) In any other case, commitment must be to the county jail[, work-
house or penitentiary, or to a penitentiary outside the county] OR, IN A
COUNTY JOINTLY MAINTAINING A JAIL PURSUANT TO SECTION TWO HUNDRED SEVEN-
TEEN OF THE COUNTY LAW, TO SUCH JAIL, and the order of commitment must
specify the institution to which the defendant is to be delivered.
§ 9. Subdivision 35 of section 1.20 of the criminal procedure law is
amended to read as follows:
35. "Commitment to the custody of the sheriff," when referring to an
order of a court located in a county or city which has established a
department of correction, means commitment to the commissioner of
correction of such county or city. WHEN REFERRING TO AN ORDER OF A
COURT LOCATED IN A COUNTY JOINTLY MAINTAINING A JAIL PURSUANT TO SECTION
TWO HUNDRED SEVENTEEN OF THE COUNTY LAW, "COMMITMENT TO THE CUSTODY OF
THE SHERIFF" SHALL MEAN COMMITMENT TO THE SHERIFF OF THE COUNTY IN WHICH
SUCH JAIL IS LOCATED.
§ 10. Paragraph a of subdivision 7 of section 3202 of the education
law, as amended by chapter 564 of the laws of 2001, is amended to read
as follows:
a. A person under twenty-one years of age who has not received a high
school diploma and who is incarcerated in a correctional facility main-
tained by [a county] ONE OR MORE CONTIGUOUS COUNTIES or by the city of
New York or in a youth shelter is eligible for educational services
pursuant to this subdivision and in accordance with the regulations of
the commissioner. Such services shall be provided by the school district
in which the facility or youth shelter is located, within the limits of
the funds allocated by the commissioner for such purposes pursuant to
section thirty-six hundred two of this chapter and pursuant to a plan
approved by the commissioner. School districts shall submit such plan
S. 2505--A 86 A. 3005--A
by July fifteenth of each school year. Boards of education are author-
ized to contract for the provision of such educational services by a
board of cooperative educational services or by another public school
district.
§ 11. 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 QQ
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. Local government records management account (20501).
3. Child health plus program account (20810).
4. EPIC premium account (20818).
5. Education - New (20901).
6. VLT - Sound basic education fund (20904).
7. Sewage treatment program management and administration fund
(21000).
8. Hazardous bulk storage account (21061).
9. Utility environmental regulatory account (21064).
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
24. New York state thruway authority account (21905).
25. Mental hygiene program fund account (21907).
26. Mental hygiene patient income account (21909).
27. Financial control board account (21911).
28. Regulation of racing account (21912).
29. State university dormitory income reimbursable account (21937).
30. Criminal justice improvement account (21945).
31. Environmental laboratory reference fee account (21959).
32. Training, management and evaluation account (21961).
33. Clinical laboratory reference system assessment account (21962).
34. Indirect cost recovery account (21978).
35. Multi-agency training account (21989).
36. Bell jar collection account (22003).
37. Industry and utility service account (22004).
38. Real property disposition account (22006).
39. Parking account (22007).
S. 2505--A 87 A. 3005--A
40. Courts special grants (22008).
41. Asbestos safety training program account (22009).
42. Camp Smith billeting account (22017).
43. Batavia school for the blind account (22032).
44. Investment services account (22034).
45. Surplus property account (22036).
46. Financial oversight account (22039).
47. Regulation of Indian gaming account (22046).
48. Rome school for the deaf account (22053).
49. Seized assets account (22054).
50. Administrative adjudication account (22055).
51. Federal salary sharing account (22056).
52. New York City assessment account (22062).
53. Cultural education account (22063).
54. Local services account (22078).
55. DHCR mortgage servicing account (22085).
56. Housing indirect cost recovery account (22090).
57. DHCR-HCA application fee account (22100).
58. Low income housing monitoring account (22130).
59. Corporation administration account (22135).
60. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
61. Deferred compensation administration account (22151).
62. Rent revenue other New York City account (22156).
63. Rent revenue account (22158).
64. Tax revenue arrearage account (22168).
65. New York state medical indemnity fund account (22240).
66. Behavioral health parity compliance fund (22246).
67. State university general income offset account (22654).
68. Lake George park trust fund account (22751).
69. State police motor vehicle law enforcement account (22802).
70. Highway safety program account (23001).
71. DOH drinking water program account (23102).
72. NYCCC operating offset account (23151).
73. Commercial gaming regulation account (23702).
74. Highway use tax administration account (23801).
75. New York state secure choice administrative account (23806).
76. Fantasy sports administration account (24951).
77. Highway and bridge capital account (30051).
78. Aviation purpose account (30053).
79. State university residence hall rehabilitation fund (30100).
80. State parks infrastructure account (30351).
81. Clean water/clean air implementation fund (30500).
82. Hazardous waste remedial cleanup account (31506).
83. Youth facilities improvement account (31701).
84. Housing assistance fund (31800).
85. Housing program fund (31850).
86. Highway facility purpose account (31951).
87. Information technology capital financing account (32215).
88. New York racing account (32213).
89. Capital miscellaneous gifts account (32214).
90. New York environmental protection and spill remediation account
(32219).
91. Mental hygiene facilities capital improvement fund (32300).
92. Correctional facilities capital improvement fund (32350).
93. New York State Storm Recovery Capital Fund (33000).
S. 2505--A 88 A. 3005--A
94. OGS convention center account (50318).
95. Empire Plaza Gift Shop (50327).
96. Centralized services fund (55000).
97. Archives records management account (55052).
98. Federal single audit account (55053).
Civil service administration account (55055).
100. Civil service EHS occupational health program account (55056).
101. Banking services account (55057).
102. Cultural resources survey account (55058).
103. Neighborhood work project account (55059).
104. Automation & printing chargeback account (55060).
105. OFT NYT account (55061).
106. Data center account (55062).
107. Intrusion detection account (55066).
108. Domestic violence grant account (55067).
109. Centralized technology services account (55069).
110. Labor contact center account (55071).
111. Human services contact center account (55072).
112. Tax contact center account (55073).
113. Department of law civil recoveries account (55074).
114. Executive direction internal audit account (55251).
115. CIO Information technology centralized services account (55252).
116. Health insurance internal service account (55300).
117. Civil service employee benefits division administrative account
(55301).
118. Correctional industries revolving fund (55350).
119. Employees health insurance account (60201).
120. Medicaid management information system escrow fund (60900).
121. New York state cannabis revenue 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, 2022, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $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.
S. 2505--A 89 A. 3005--A
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. $2,520,000,000 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. $746,000,000 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. $125,600,000 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. $6,000,000 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. $68,000,000 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, 2021 through March 31,
2022.
13. $7,850,000 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).
S. 2505--A 90 A. 3005--A
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.
17. $12,500,000 from the School Capital Facilities Financing Reserve
Fund to the Capital Projects Fund account (30000), for excess debt
service reserve fund balances related to bonds that have been fully
retired. Such excess funds shall be used to support the development of
a modernized State aid data system for the education department.
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital 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, and/or federal capital 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. $1,800,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
9. $7,000,000 from the general fund to the enterprise fund, state fair
account (50051).
10. $4,000,000 from the waste management & cleanup account (21053) to
the general fund.
11. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
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).
S. 2505--A 91 A. 3005--A
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. $175,000,000 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.
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. $3,435,000 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).
S. 2505--A 92 A. 3005--A
13. $12,000,000 from the agencies enterprise fund, parking services
account (22007), to the centralized services, building support services
account (55018).
14. $30,000,000 from the general fund to the internal service fund,
business services center account (55022).
15. $8,000,000 from the general fund to the internal service fund,
building support services account (55018).
16. $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. $20,294,000 from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
5. $2,000,000 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. $6,000,000 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 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.
11. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund, to the miscellaneous special revenue fund,
environmental laboratory fee account (21959).
12. An amount up to the unencumbered balance from the public health
emergency charitable gifts trust fund to the general fund, for payment
of goods and services necessary to respond to a public health disaster
emergency or to assist or aid in responding to such a disaster.
13. $2,585,000 from the miscellaneous special revenue fund, patient
safety center account (22140), to the general fund.
14. $1,000,000 from the miscellaneous special revenue fund, nursing
home receivership account (21925), to the general fund.
S. 2505--A 93 A. 3005--A
15. $133,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
16. $2,200,000 from the miscellaneous special revenue fund, adult home
quality enhancement account (22091), 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. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
ment insurance special interest and penalty account (23601), and public
work enforcement account (21998), to the general fund.
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. $2,587,000 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. $2,000,000,000 from any of the division of homeland security and
emergency 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. $131,500,000 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.
S. 2505--A 94 A. 3005--A
14. $30,500,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
Transportation:
1. $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.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
4. $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.
5. $3,000,000 from the miscellaneous special revenue fund, traffic
adjudication account (22055), to the general fund.
6. $8,557,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance account (21402),
to the capital projects fund (30000).
7. $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.
8. $4,721,000 from the mass transportation operating assistance fund,
public transportation systems operating assistance account (21401), to
the general fund.
9. $107,474,000 from the mass transportation operating assistance
fund, metropolitan mass transportation operating assistance account
(21402), to the general fund.
10. $22,557,000 from the dedicated mass transportation trust fund,
transit account (20851), to the general fund.
11. $3,985,000 from the dedicated mass transportation trust fund,
commuter rail account (20852), to the general fund.
12. $2,372,000 from the dedicated mass transportation trust fund,
non-MTA account (20853), to the general fund.
13. $12,552,000 from the metropolitan transportation authority finan-
cial assistance fund, mobility tax trust account (23651), to the general
fund.
14. $6,552,000 from the New York central business district trust fund
(23653) to the general fund.
Miscellaneous:
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances
or fund spending expected to be incurred to maintain essential govern-
mental operations which are in excess of available cash resulting from a
reduction of dedicated revenue sources that were waived or otherwise
impacted by reduced utilization directly or indirectly associated with
executive order and/or societal response to the novel coronavirus,
COVID-19.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
S. 2505--A 95 A. 3005--A
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, 2022:
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, 2022, 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, 2022, 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
S. 2505--A 96 A. 3005--A
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, 2022, 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, 2022.
§ 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 $978,934,300 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2021 through June 30, 2022 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, 2021 to June 30, 2022 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, 2022.
§ 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
S. 2505--A 97 A. 3005--A
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, 2022.
§ 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 $1 billion 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 2021-22 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
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,
S. 2505--A 98 A. 3005--A
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 up to $20,000,000 for the state fiscal
year commencing April 1, 2021, 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,
2022: (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, 2022 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 20 of part JJ of chapter 56 of the laws of 2020, 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
[twenty] TWENTY-ONE, 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
[$2,073,116,000] $586,503,000, 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 [twenty] TWENTY-ONE.
§ 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, 2022, 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:
S. 2505--A 99 A. 3005--A
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. $7,502,241 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $135,656,957 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $49,329,802 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. Subdivision 5 of section 4 of the state finance law, as amended
by section 16 of part PP of chapter 56 of the laws of 2009, is amended
to read as follows:
5. No money or other financial resources shall be transferred or
temporarily loaned from one fund to another without specific statutory
authorization for such transfer or temporary loan, except that money or
other financial resources of a fund may be temporarily loaned to the
general fund during the state fiscal year provided that such loan shall
be repaid in full no later than [(a) four months after it was made or
(b) by] the end of the same fiscal year in which it was made, [whichever
period is shorter,] so that an accurate accounting and reporting of the
balance of financial resources in each fund may be made. The comptroller
is hereby authorized to temporarily loan money from the general fund or
any other fund to the fund/accounts that are authorized to receive a
loan. Such loans shall be limited to the amounts immediately required to
meet disbursements, made in pursuance of an appropriation by law and
authorized by a certificate of approval issued by the director of the
budget with copies thereof filed with the comptroller and the chair of
the senate finance committee and the chair of the assembly ways and
means committee. The director of the budget shall not issue such a
certificate unless he or she shall have determined that the amounts to
be so loaned are receivable on account. When making loans, the comp-
troller shall establish appropriate accounts and if the loan is not
repaid by the end of the month, provide on or before the fifteenth day
of the following month to the director of the budget, the chair of the
senate finance committee and the chair of the assembly ways and means
committee, an accurate accounting and report of the financial resources
of each such fund at the end of such month. Within ten days of the
receipt of such accounting and reporting, the director of the budget
shall provide the comptroller and the chair of the senate finance
committee and the chair of the assembly ways and means committee an
expected schedule of repayment by fund and by source for each outstand-
ing loan. Repayment shall be made by the comptroller from the first cash
receipt of this fund.
S. 2505--A 100 A. 3005--A
§ 23. The opening paragraph of subdivision 3 of section 93-b of the
state finance law, as amended by section 1 of part M of chapter 57 of
the laws of 2016, is amended to read as follows:
Notwithstanding any other provisions of law to the contrary, [commenc-
ing on April first, two thousand fifteen, and continuing through March
thirty-first, two thousand twenty-one,] the comptroller is hereby
authorized to transfer monies from the dedicated infrastructure invest-
ment fund to the general fund, and from the general fund to the dedi-
cated infrastructure investment fund, in an amount determined by the
director of the budget to the extent moneys are available in the fund;
provided, however, that the comptroller is only authorized to transfer
monies from the dedicated infrastructure investment fund to the general
fund in the event of an economic downturn as described in paragraph (a)
of this subdivision; and/or to fulfill disallowances and/or settlements
related to over-payments of federal medicare and medicaid revenues in
excess of one hundred million dollars from anticipated levels, as deter-
mined by the director of the budget and described in paragraph (b) of
this subdivision.
§ 24. 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.
§ 25. 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 JJ of chapter 56 of the laws of 2020, 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 eight hundred
seventeen million two hundred ninety-nine thousand dollars
$8,817,299,000] NINE BILLION ONE HUNDRED THIRTY-NINE MILLION SIX HUNDRED
NINETEEN THOUSAND DOLLARS $9,139,619,000, 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 correc-
S. 2505--A 101 A. 3005--A
tional facilities capital improvement fund to pay for all or any portion
of the amount or amounts paid by the state from appropriations or reap-
propriations made to the department of corrections and community super-
vision from the correctional facilities capital improvement fund for
capital projects. The aggregate amount of bonds, notes or other obli-
gations 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 eight hundred seventeen million two hundred
ninety-nine thousand dollars $8,817,299,000] NINE BILLION ONE HUNDRED
THIRTY-NINE MILLION SIX HUNDRED NINETEEN THOUSAND DOLLARS
$9,139,619,000, 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 obli-
gations, 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 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 estimated accrued interest from the sale ther-
eof.
§ 26. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 29 of part JJ of chapter 56 of the laws of 2020, 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 [three
hundred twenty-three million one hundred thousand dollars $323,100,000]
THREE HUNDRED SEVENTY-FOUR MILLION SIX HUNDRED THOUSAND DOLLARS
$374,600,000, 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
S. 2505--A 102 A. 3005--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.
§ 27. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 30 of part JJ of chapter 56 of the laws of 2020,
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 [six billion three hundred seventy-four million ten
thousand dollars $6,374,010,000] SEVEN BILLION ONE HUNDRED THIRTY
MILLION TEN THOUSAND DOLLARS $7,130,010,000, 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.
§ 28. 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 31 of part JJ of chapter 56 of the laws of 2020, 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 [three hundred fourteen million dollars $314,000,000] THREE
HUNDRED FORTY-SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS $347,500,000,
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 [$1,115,800,000
one billion one hundred fifteen million eight hundred thousand dollars]
ONE BILLION TWO HUNDRED SEVENTY-EIGHT MILLION EIGHT HUNDRED THOUSAND
DOLLARS $1,278,800,000, 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 previ-
ously 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.
S. 2505--A 103 A. 3005--A
§ 29. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 32 of part JJ of chapter 56 of
the laws of 2020, 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 [fourteen billion seven hundred forty-one million eight hundred
sixty-four thousand dollars $14,741,864,000] FIFTEEN BILLION FOUR
HUNDRED FIFTY-FIVE MILLION EIGHT HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$15,455,864,000; 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
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.
§ 30. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 33 of part JJ of chapter 56 of
the laws of 2020, 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
S. 2505--A 104 A. 3005--A
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 [nine billion two hundred twenty-two
million seven hundred thirty-two thousand dollars $9,222,732,000] NINE
BILLION FIVE HUNDRED FORTY-EIGHT MILLION EIGHT HUNDRED THIRTY THOUSAND
DOLLARS $9,548,830,000. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the city university, and the fund are prohibited from covenanting or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
§ 31. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 34 of part JJ of chapter 56 of the laws of 2020,
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 fifty-one
million six hundred forty thousand dollars $1,051,640,000] ONE BILLION
SIXTY-SIX MILLION TWO HUNDRED FIFTY-SEVEN THOUSAND DOLLARS
$1,066,257,000. 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.
§ 32. 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 35 of part JJ of chapter 56 of the laws of 2020, 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 forty million
three hundred fifteen thousand dollars $840,315,000] EIGHT HUNDRED
SEVENTY-SIX MILLION FIFTEEN THOUSAND DOLLARS $876,015,000, which author-
ization 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.
S. 2505--A 105 A. 3005--A
The proceeds of such bonds, notes or other obligations shall be paid to
the state, for deposit in the youth facilities improvement fund, to pay
for all or any portion of the amount or amounts paid by the state from
appropriations or reappropriations made to the office of children and
family services from the youth facilities improvement fund for capital
projects. The aggregate amount of bonds, notes and other obligations
authorized to be issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts expended by
the state from appropriations or reappropriations made to the office of
children and family services; provided, however, that upon any such
refunding or repayment the total aggregate principal amount of outstand-
ing bonds, notes or other obligations may be greater than [eight hundred
forty million three hundred fifteen thousand dollars $840,315,000] EIGHT
HUNDRED SEVENTY-SIX MILLION FIFTEEN THOUSAND DOLLARS $876,015,000, 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 thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing estimated accrued interest or proceeds received by the corporation
including estimated accrued interest from the sale thereof.
§ 33. 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 36 of part JJ
of chapter 56 of the laws of 2020, 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
S. 2505--A 106 A. 3005--A
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 nine hundred twenty-seven million two hundred
seventy-six thousand dollars $9,927,276,000] TEN BILLION FOUR HUNDRED
SEVENTY-SIX MILLION SEVEN HUNDRED SEVENTY-THREE THOUSAND DOLLARS
$10,476,773,000, excluding mental health services facilities improvement
bonds and mental health services facilities improvement notes issued to
refund outstanding 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 facilities improvement bonds and/or mental health services
facilities improvement notes the total aggregate principal amount of
outstanding mental health services facilities improvement bonds and
mental health facilities improvement notes may be greater than [nine
billion nine hundred twenty-seven million two hundred seventy-six thou-
sand dollars $9,927,276,000] TEN BILLION FOUR HUNDRED SEVENTY-SIX
MILLION SEVEN HUNDRED SEVENTY-THREE THOUSAND DOLLARS $10,476,773,000,
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 obli-
gations 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 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 estimated 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 aver-
age 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 maximum 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 addiction services and supports, in consultation with
S. 2505--A 107 A. 3005--A
their respective commissioners to finance bondable appropriations previ-
ously approved by the legislature.
§ 34. 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 37 of part JJ of chapter 56 of the laws of 2020, 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 [one hundred fifty-seven
million dollars $157,000,000] ONE HUNDRED SEVENTY-TWO MILLION DOLLARS
$172,000,000, 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 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.
§ 35. Section 53 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 38 of part JJ of chapter 56 of the laws of 2020, 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 [one hundred] TWO HUNDRED ninety-three million dollars
[$193,000,000] $293,000,000, 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
S. 2505--A 108 A. 3005--A
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.
§ 36. 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 39 of part JJ of chapter 56 of the laws of 2020, 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 [eleven
billion three hundred forty-nine million eight hundred seventy-five
thousand dollars $11,349,875,000] ELEVEN BILLION EIGHT HUNDRED THIRTY-
SEVEN MILLION TWO HUNDRED TWENTY-SEVEN THOUSAND DOLLARS $11,837,227,000
cumulatively by the end of fiscal year [2020-21] 2021-22.
§ 37. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 40 of part JJ of chapter 56 of the laws of 2020,
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 sixty-five million
dollars $265,000,000] TWO HUNDRED SEVENTY-NINE MILLION DOLLARS
$279,000,000.
S. 2505--A 109 A. 3005--A
§ 38. 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 41 of part JJ of chapter 56 of the laws of 2020, 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 [ten billion three hundred thirty-four million eight hundred
fifty-one thousand dollars $10,334,851,000] ELEVEN BILLION TWO HUNDRED
FIFTY-FOUR MILLION TWO HUNDRED TWO THOUSAND DOLLARS $11,254,202,000,
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,
S. 2505--A 110 A. 3005--A
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
authority and the corporation as security for its bonds and notes, as
authorized by this section.
§ 39. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 42 of part JJ of chapter 56 of the laws of 2020, 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 [six
S. 2505--A 111 A. 3005--A
billion nine hundred forty-two million four hundred sixty-three thousand
dollars $6,942,463,000] EIGHT BILLION EIGHT HUNDRED THIRTY-NINE MILLION
NINE HUNDRED SIXTY-THREE THOUSAND DOLLARS $8,839,963,000, 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 authori-
ty, 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.
§ 40. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 43 of part JJ of chapter 56
of the laws of 2020, 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 five hundred thir-
ty-one million five hundred twenty-three thousand dollars
$6,531,523,000] SEVEN BILLION EIGHTY-SIX MILLION SIX HUNDRED SEVEN THOU-
SAND DOLLARS $7,086,607,000, 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 particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
§ 41. 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 44 of part JJ of chapter 56 of the
laws of 2020, 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 THE STATE EDUCA-
TION DEPARTMENT, special act school districts, state-supported schools
for the blind and deaf, approved private special education schools,
non-public schools, community centers, day care facilities, residential
S. 2505--A 112 A. 3005--A
camps, day camps, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [one hundred fifty-five
million dollars $155,000,000] ONE HUNDRED NINETY-SIX MILLION DOLLARS
$196,000,000, 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.
§ 42. 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 45 of part JJ of chapter 56 of the
laws of 2020, 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 [eight hundred thirty
million fifty-four thousand dollars, $830,054,000] NINE HUNDRED FORTY-
NINE MILLION TWO HUNDRED FIFTY-FOUR THOUSAND DOLLARS $949,254,000
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.
§ 43. Paragraph (b) of subdivision 1 of section 385 of the public
authorities law, as amended by section 1 of part G of chapter 60 of the
laws of 2005, is amended to read as follows:
(b) The authority is hereby authorized, as additional corporate
purposes thereof solely upon the request of the director of the budget:
(i) to issue special emergency highway and bridge trust fund bonds and
notes for a term not to exceed thirty years and to incur obligations
secured by the moneys appropriated from the dedicated highway and bridge
trust fund established in section eighty-nine-b of the state finance
law; (ii) to make available the proceeds in accordance with instructions
provided by the director of the budget from the sale of such special
emergency highway and bridge trust fund bonds, notes or other obli-
gations, net of all costs to the authority in connection therewith, for
the purposes of financing all or a portion of the costs of activities
S. 2505--A 113 A. 3005--A
for which moneys in the dedicated highway and bridge trust fund estab-
lished in section eighty-nine-b of the state finance law are authorized
to be utilized or for the financing of disbursements made by the state
for the activities authorized pursuant to section eighty-nine-b of the
state finance law; and (iii) to enter into agreements with the commis-
sioner of transportation pursuant to section ten-e of the highway law
with respect to financing for any activities authorized pursuant to
section eighty-nine-b of the state finance law, or agreements with the
commissioner of transportation pursuant to sections ten-f and ten-g of
the highway law in connection with activities on state highways pursuant
to these sections, and (iv) to enter into service contracts, contracts,
agreements, deeds and leases with the director of the budget or the
commissioner of transportation and project sponsors and others to
provide for the financing by the authority of activities authorized
pursuant to section eighty-nine-b of the state finance law, and each of
the director of the budget and the commissioner of transportation are
hereby authorized to enter into service contracts, contracts, agree-
ments, deeds and leases with the authority, project sponsors or others
to provide for such financing. The authority shall not issue any bonds
or notes in an amount in excess of [$16.5 billion] EIGHTEEN BILLION ONE
HUNDRED FIFTY MILLION DOLLARS $18,150,000,000, plus a principal amount
of bonds or notes: (A) to fund capital reserve funds; (B) to provide
capitalized interest; and, (C) to fund other costs of issuance. In
computing for the purposes of this subdivision, the aggregate amount of
indebtedness evidenced by bonds and notes of the authority issued pursu-
ant to this section, as amended by a chapter of the laws of nineteen
hundred ninety-six, there shall be excluded the amount of bonds or notes
issued that would constitute interest under the United States Internal
Revenue Code of 1986, as amended, and the amount of indebtedness issued
to refund or otherwise repay bonds or notes.
§ 44. Subdivision 1 of section 386-a of the public authorities law, as
amended by section 44 of part TTT of chapter 59 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 assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter or other
capital projects. The aggregate principal amount of bonds authorized to
be issued pursuant to this section shall not exceed [two billion one
hundred seventy-nine million eight hundred fifty-six thousand dollars
$2,179,856,000] TWELVE BILLION FIVE HUNDRED FIFTEEN MILLION EIGHT
HUNDRED FIFTY-SIX THOUSAND DOLLARS $12,515,856,000, 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 develop-
ment 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.
S. 2505--A 114 A. 3005--A
§ 45. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 57 to read as follows:
§ 57. 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 EMPIRE STATION COMPLEX
PROJECT, AND SUCH PROJECT SHALL BE DEEMED A CAPITAL WORK OR PURPOSE FOR
PURPOSES OF SUBDIVISION 3 OF SECTION 67-B OF THE STATE FINANCE LAW. THE
AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO
THIS SECTION SHALL NOT EXCEED ONE BILLION THREE HUNDRED MILLION DOLLARS
$1,300,000,000, 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.
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 EMPIRE
STATION COMPLEX PROJECT, 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
PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND
NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL
PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN
PROVIDED SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF
ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY
ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE
INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE,
SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR
ANY PAYMENTS MADE OR TO BE MADE 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.
§ 46. Paragraphs (a) and (b) of subdivision 1 of section 54 of section
1 of chapter 174 of the laws of 1968, constituting the New York state
urban development corporation act, as added by section 49-a of part JJ
of chapter 56 of the laws of 2020, are amended to read as follows:
(a) The state of New York finds and determines that the global spread
of the COVID-19 [coronavirus disease is having and] PANDEMIC is expected
to continue to have a significant ADVERSE impact on the health and
welfare of individuals in the state as well as [a significant financial
impact on the state] TO THE FINANCIAL CONDITION OF THE STATE DURING THE
STATE'S 2022 FISCAL YEAR AND BEYOND. The [serious threat posed by]
ANTICIPATED SHORTFALLS AND DEFERRALS IN THE STATE'S FINANCIAL PLAN
S. 2505--A 115 A. 3005--A
RECEIPTS CAUSED BY the COVID-19 [coronavirus disease] PANDEMIC has
[caused governments, including] REQUIRED the state[,] to adopt policies,
regulations and procedures [to] THAT suspend various legal requirements
[in order to (i) respond to and mitigate the impact of the outbreak, and
(ii) provide temporary relief to individuals, including the deferral of
the federal income tax payment deadline from April 15, 2020 to a later
date in the calendar year. The state of New York further finds and
determines that] AND ADDRESS STATE BUDGETARY PRESSURES, SOME OF WHICH
REQUIRE certain fiscal management authorization measures [should be] TO
BE LEGISLATIVELY authorized and established.
(b) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section sixty-seven-b of the state finance law, the dormitory
authority of the state of New York and the corporation are hereby
authorized to issue until December 31, [2020] 2021, notes with a maturi-
ty no later than March 31, [2021] 2022, to be designated as personal
income tax revenue or bond anticipation notes, in one or more series in
an aggregate principal amount not to exceed eight billion dollars,
excluding notes issued to finance one or more debt service reserve
funds, to pay costs of issuance of such notes, and notes issued to
renew, refund or otherwise repay such notes previously issued, for the
purpose of temporarily financing budgetary needs of the state [following
the federal government deferral of the federal income tax payment dead-
line from April 15, 2020 to a later date in the calendar year]. Such
purpose shall constitute an authorized purpose under subdivision two of
section sixty-eight-a of the state finance law for all purposes of arti-
cle five-C of the state finance law with respect to the notes, renewal
notes, refunding notes and any state personal income tax revenue bonds
issued to refinance any notes, renewal notes, refunding notes authorized
by this paragraph. On or before their maturity, such notes may be
renewed or refunded once with renewal or refunding notes for an addi-
tional period not to exceed one year from the date of renewal or refund-
ing. If on or before the maturity date of such notes or such renewal or
refunding notes, the director of the division of the budget shall deter-
mine that all or a portion of such notes or such renewal or refunding
notes shall be refinanced on a long term basis, such notes or such
renewal or refunding notes may be refinanced with state personal income
tax revenue bonds in one or more series in an aggregate principal amount
not to exceed the then outstanding principal amount of such notes or
such renewal or refunding notes plus an amount necessary to finance one
or more debt service reserve funds and to pay costs of issuance of such
refunding bonds, notwithstanding any other provision of law to the
contrary, including, specifically, the provisions of chapter fifty-nine
of the laws of two thousand and section sixty-seven-b of the state
finance law, OTHER THAN SUBDIVISION FOUR OF SECTION SIXTY-SEVEN-B OF THE
STATE FINANCE LAW. For so long as any notes, renewal or refunding notes
or such refunding bonds authorized by this paragraph shall remain
outstanding, including any state-supported debt issued to refinance the
refunding bonds authorized by this paragraph, the restrictions, limita-
tions and requirements contained in article five-B of the state finance
law shall not apply, OTHER THAN SUBDIVISION FOUR OF SECTION SIXTY-SEV-
EN-B OF SUCH ARTICLE.
§ 47. Section 55 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 49-b of part JJ of chapter 56 of the laws of 2020, is
amended to read as follows:
S. 2505--A 116 A. 3005--A
§ 55. 1. Findings and declaration of need. (a) The state of New York
finds and determines that the global spread of the COVID-19 [coronavirus
disease] PANDEMIC is [having and is] expected to continue to have a
significant ADVERSE impact on the health and welfare of individuals in
the state as well as [a significant] TO THE financial [impact on] CONDI-
TION OF the state DURING THE STATE'S 2022 FISCAL YEAR AND BEYOND. The
[serious threat posed by] ANTICIPATED SHORTFALLS AND DEFERRALS IN THE
STATE'S FINANCIAL PLAN RECEIPTS CAUSED BY the COVID-19 [coronavirus
disease] PANDEMIC has [caused governments, including] REQUIRED the
state[,] to adopt policies, regulations and procedures [to] THAT suspend
various legal requirements [in order to: (i) respond to and mitigate the
impact of the outbreak;] and [(ii)] address STATE budgetary pressures
[to the state arising from anticipated shortfalls and deferrals in the
state's fiscal 2021 financial plan receipts, thereby requiring that],
SOME OF WHICH REQUIRE certain fiscal management authorization measures
TO be LEGISLATIVELY authorized and established.
(b) DEFINITIONS. WHEN USED IN THIS SUBDIVISION THE FOLLOWING TERMS
SHALL HAVE THE MEANINGS SET FORTH BELOW:
(I) "STATE-SUPPORTED DEBT" SHALL MEAN ANY STATE PERSONAL INCOME TAX
REVENUE BONDS, STATE SALES TAX REVENUE BONDS OR SERVICE CONTRACT BONDS
ISSUED BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK OR THE URBAN
DEVELOPMENT CORPORATION TO REFINANCE ONE OR MORE LINE OF CREDIT FACILI-
TIES PROVIDED FOR IN THIS SUBDIVISION, TOGETHER WITH ANY RELATED
EXPENSES AND FEES, AND ANY SUCH BONDS OR NOTES ISSUED TO FUND RESERVE
FUNDS AND COSTS OF ISSUANCE, FOR WHICH THE STATE IS CONTRACTUALLY OBLI-
GATED TO PAY DEBT SERVICE SUBJECT TO AN APPROPRIATION.
(II) "RELATED EXPENSES AND FEES" SHALL MEAN INTEREST COSTS, COMMITMENT
FEES AND OTHER COSTS, EXPENSES AND FEES INCURRED IN CONNECTION WITH A
LINE OF CREDIT FACILITY AND/OR A SERVICE CONTRACT OR OTHER AGREEMENT OF
THE STATE SECURING SUCH LINE OF CREDIT FACILITY THAT CONTRACTUALLY OBLI-
GATES THE STATE TO PAY DEBT SERVICE SUBJECT TO AN APPROPRIATION.
(C) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section 67-b of the state finance law, [during the state's 2021
fiscal year,] the dormitory authority of the state of New York and the
urban development corporation are authorized UNTIL MARCH 31, 2024 to:
(i) enter into commitments with financial institutions for the estab-
lishment of one or more line of credit facilities and other similar
revolving financing arrangements not in excess of three billion dollars
in aggregate principal amount outstanding at any one time; (ii) draw, at
one or more times at the direction of the director of the budget, upon
such line of credit facilities and provide to the state the amounts so
drawn for the purpose of assisting the state to temporarily finance its
budgetary needs; and (iii) secure repayment of such draws under such
line of credit facilities [with a service contract of the state],
TOGETHER WITH RELATED EXPENSES AND FEES, which payment obligation there-
under 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 moneys are available and that no liability shall be
incurred by the state beyond the moneys available for such purpose, and
that such payment obligation is subject to annual appropriation by the
legislature. Any line of credit facility agreements entered by the
dormitory authority of the state of New York and/or the urban develop-
ment corporation with financial institutions pursuant to this section
may contain such provisions that the dormitory authority of the state of
New York and/or the urban development corporation deem necessary or
S. 2505--A 117 A. 3005--A
desirable for the establishment of such credit facilities. The maximum
[original] term of any line of credit facility shall be [one year] THREE
YEARS from the date of incurrence; provided however that NO DRAW ON any
such line of credit facility [may be extended, renewed or refinanced for
up to two additional one year terms] SHALL OCCUR AFTER MARCH 31, 2024,
AND PROVIDED FURTHER THAT ANY SUCH LINE OF CREDIT FACILITY WHOSE TERM
EXTENDS BEYOND MARCH 31, 2024, SHALL BE SUPPORTED BY SUFFICIENT APPRO-
PRIATION AUTHORITY ENACTED BY THE LEGISLATURE THAT PROVIDES FOR THE
REPAYMENT OF ALL AMOUNTS DRAWN AND REMAINING UNPAID AS OF MARCH 31,
2024, TOGETHER WITH RELATED EXPENSES AND FEES INCURRED AND TO BECOME DUE
AND PAYABLE BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND/OR
THE URBAN DEVELOPMENT CORPORATION. If on or before the maturity date of
the [original] term of ANY such line of credit facility [or any renewal
or extension term thereof], the director of the division of the budget
shall determine that all or a portion of [any outstanding line of credit
facility] THE AMOUNTS DRAWN AND REMAINING UNPAID, TOGETHER WITH RELATED
EXPENSES AND FEES TO BECOME DUE AND PAYABLE BY THE DORMITORY AUTHORITY
OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOPMENT CORPORATION shall
be refinanced on a long-term basis, the dormitory authority of the state
of New York and/or the urban development corporation are authorized to
refinance such [line of credit facility with state personal income tax
revenue bonds and/or state service contract bonds] AMOUNTS BY ISSUING
STATE-SUPPORTED DEBT in one or more series in an aggregate principal
amount not to exceed the [then outstanding principal amount of such line
of credit facility and any accrued interest thereon] AGGREGATE AMOUNT
BEING SO REFINANCED, INCLUDING RELATED EXPENSES AND FEES, plus an amount
necessary to finance one or more debt service reserve funds and to pay
costs of issuance of such [state personal income tax revenue bonds
and/or state service contract bonds] STATE-SUPPORTED DEBT.
[(c)] (D) Notwithstanding any other law, rule, or regulation to the
contrary, the comptroller is hereby authorized and directed to deposit
to the credit of the general fund, all amounts provided by the dormitory
authority of the state of New York and/or the urban development corpo-
ration to the state from draws made on any line of credit facility
authorized by paragraph [(b)] (C) of this subdivision.
[(d)] (E) Notwithstanding any other provision of law to the contrary,
including specifically the provisions of subdivision 3 of section 67-b
of the state finance law, no capital work or purpose shall be required
for any indebtedness incurred in connection with any line of credit
facility authorized by paragraph [(b)] (C) of this subdivision [and any
extensions or renewals thereof], or for any [state personal income tax
revenue bonds and/or state service contract bonds] STATE-SUPPORTED DEBT
issued to refinance any [of the foregoing] LINE OF CREDIT FACILITY
AUTHORIZED BY PARAGRAPH (C) OF THIS SUBDIVISION, or for any service
contract OR OTHER AGREEMENT entered into in connection with any SUCH
line of credit facility, all in accordance with this section.
[(e)] (F) Notwithstanding any other provision of law to the contrary,
for so long as any such line of credit facility shall remain outstand-
ing, the restrictions, limitations and requirements contained in article
5-B of the state finance law shall not apply. In addition, OTHER THAN
SUBDIVISION 4 OF SECTION 67-B OF SUCH ARTICLE such restrictions, limita-
tions and requirements shall not apply to any [state personal income tax
revenue bonds and/or state service contract bonds] STATE-SUPPORTED DEBT
issued to refund such line of credit facility for so long as such [state
personal income tax revenue bonds and/or state service contract bonds]
STATE-SUPPORTED DEBT shall remain outstanding, including any state-sup-
S. 2505--A 118 A. 3005--A
ported debt issued to refund [such state personal income tax revenue
bonds and/or state service contract bonds] STATE-SUPPORTED DEBT ISSUED
TO REFINANCE ANY LINE OF CREDIT FACILITY. Any such line of credit facil-
ity, [including any extensions or renewals thereof, and any state
personal income tax revenue bonds and/or state service contract bonds]
AND, TO THE EXTENT APPLICABLE, ANY STATE-SUPPORTED DEBT issued to
[refund] REFINANCE such line of credit facilities shall be deemed to be
incurred or issued for (I) an authorized purpose within the meaning of
subdivision 2 of section 68-a of the state finance law FOR ALL PURPOSES
OF ARTICLE 5-C OF THE STATE FINANCE LAW AND SECTION 92-Z OF THE STATE
FINANCE LAW, AND/OR (II) AN AUTHORIZED PURPOSE WITHIN THE MEANING OF
SUBDIVISION 2 OF SECTION 69-M OF THE STATE FINANCE LAW FOR ALL PURPOSES
OF ARTICLE 5-F OF THE STATE FINANCE LAW AND SECTION 92-H OF THE STATE
FINANCE LAW, AS THE CASE MAY BE. As applicable, all of the provisions of
the state finance law, the dormitory authority act and the New York
state urban development corporation act relating to notes and bonds
which are not inconsistent with the provisions of this section shall
apply to any issuance of [state personal income tax revenue bonds and/or
state service contract bonds] STATE-SUPPORTED DEBT issued to refinance
any line of credit facility authorized by paragraph [(b)] (C) of this
subdivision. The issuance of any [state personal income tax revenue
bonds and/or state service contract bonds issued] STATE-SUPPORTED DEBT
to refinance any such line of credit facility shall further be subject
to the approval of the director of the division of the budget.
[(f) Any draws] (G) EACH DRAW on a line of credit facility authorized
by paragraph [(b)] (C) of this subdivision shall only be made [and] IF
the service contract OR OTHER AGREEMENT entered into in connection with
such line of credit [facilities shall only be executed and delivered to
the dormitory authority of the state of New York and/or the urban devel-
opment corporation if the legislature has enacted sufficient appropri-
ation authority to provide for the repayment of all amounts expected to
be drawn by the dormitory authority of the state of New York and/or the
urban development corporation under such line of credit facility during
fiscal year 2021] FACILITY IS SUPPORTED BY SUFFICIENT APPROPRIATION
AUTHORITY ENACTED BY THE LEGISLATURE TO REPAY THE AMOUNT OF THE DRAW,
TOGETHER WITH RELATED EXPENSES AND FEES TO BECOME DUE AND PAYABLE.
Amounts repaid under a line of credit facility [during fiscal year 2021]
may be re-borrowed [during such fiscal year] UNDER THE SAME OR ANOTHER
LINE OF CREDIT FACILITY AUTHORIZED BY PARAGRAPH (C) OF THIS SUBDIVISION
provided that the legislature has enacted sufficient appropriation
authority [to provide] THAT PROVIDES for the repayment of any such
re-borrowed amounts, TOGETHER WITH RELATED EXPENSES AND FEES TO BECOME
DUE AND PAYABLE. Neither the dormitory authority of the state of New
York nor the urban development corporation shall have any financial
liability for the repayment of draws under any line of credit facility
authorized by paragraph [(b)] (C) of this subdivision beyond the moneys
received for such purpose under [the] ANY service contract OR OTHER
AGREEMENT authorized by paragraph [(g)] (H) of this subdivision.
[(g)] (H) The director of the budget is authorized to enter into one
or more service contracts or other agreements, none of which shall
exceed 30 years in duration, with the dormitory authority of the state
of New York and/or the urban development corporation, upon such terms
and conditions as the director of the budget and dormitory authority of
the state of New York and/or the urban development corporation shall
agree. Any service contract or other [agreements] AGREEMENT entered into
pursuant to this paragraph shall provide for state commitments to
S. 2505--A 119 A. 3005--A
provide annually to the dormitory authority of the state of New York
and/or the urban development corporation a sum or sums, upon such terms
and conditions as shall be deemed appropriate by the director of the
budget and the dormitory authority of the state of New York and/or the
urban development corporation, to fund the payment of ALL amounts TO
BECOME due AND PAYABLE under any line of credit facility and, TO THE
EXTENT APPLICABLE any [state personal income tax revenue bonds and/or
state service contract bonds] STATE-SUPPORTED DEBT issued to refinance
ALL OR A PORTION OF THE AMOUNTS DRAWN AND REMAINING UNPAID, TOGETHER
WITH RELATED EXPENSES AND FEES TO BECOME DUE AND PAYABLE UNDER such line
of credit facility. Any such service contract or other [agreements]
AGREEMENT shall provide that the obligation of the director of the budg-
et or of the state to fund or to pay the amounts therein provided for
shall not constitute a debt of the state within the meaning of any
constitutional or statutory provision and shall be deemed executory only
to the extent moneys are available and that no liability shall be
incurred by the state beyond the moneys available for such purpose, and
that such obligation is subject to annual appropriation by the legisla-
ture.
[(h)] (I) Any service contract or other [agreements] AGREEMENT entered
into pursuant to paragraph [(g)] (H) of this subdivision or any payments
made or to be made thereunder may be assigned and pledged by the dormi-
tory authority of the state of New York and/or the urban development
corporation as security for any related payment obligation it may have
with one or more financial institutions in connection with a line of
credit facility authorized by paragraph [(b)] (C) of this subdivision.
[(i)] (J) In addition to the foregoing, the director of the budget,
the dormitory authority of the state of New York and the urban develop-
ment corporation shall each be authorized to enter into such other
agreements and to take or cause to be taken such additional actions as
are necessary or desirable to effectuate the purposes of the trans-
actions contemplated by a line of credit facility and the related
service contract OR OTHER AGREEMENT.
[(j)] (K) No later than seven days after a draw occurs on the line of
credit facility, the director of the budget shall provide notification
of such draw to the president pro tempore of the senate and the speaker
of the assembly.
[(k)] (L) The authorization, establishment and use by the dormitory
authority of the state of New York and the urban development corporation
of a line of credit facility authorized by paragraph [(b)] (C) of this
subdivision, and the execution, sale and issuance of [state personal
income tax revenue bonds and/or state service contract bonds] STATE-SUP-
PORTED DEBT to refinance any such line of credit facility shall not be
deemed an action, as such term is defined in article 8 of the environ-
mental conservation law, for the purposes of such article. Such
exemption shall be strictly limited in its application to such financing
activities of the dormitory authority of the state of New York and the
urban development corporation undertaken pursuant to this section and
does not exempt any other entity from compliance with such article.
[(l)] (M) Nothing contained in this section shall be construed to
limit the abilities of the director of the budget and the authorized
issuers of state-supported debt to perform their respective obligations
on existing service contracts or other agreements entered into prior to
April 1, [2020] 2021.
2. Effect of inconsistent provisions. Insofar as the provisions of
this section are inconsistent with the provisions of any other law,
S. 2505--A 120 A. 3005--A
general, special, or local, the provisions of this act shall be control-
ling.
3. Severability; construction. The provisions of this section shall be
severable, and if the application of any clause, sentence, paragraph,
subdivision, section or part of this section to any person or circum-
stance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not necessarily affect, impair or invali-
date the application of any such clause, sentence, paragraph, subdivi-
sion, section, part of this section or remainder thereof, as the case
may be, to any other person or circumstance, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered.
§ 48. Section 56 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 49-c of part JJ of chapter 56 of the laws of 2020, is
amended to read as follows:
§ 56. State-supported debt; [2021] 2022. 1. In light of the [signif-
icant] CONTINUING ADVERSE impact that the [global spread of the] COVID-
19 [coronavirus disease] PANDEMIC is [having and is] expected to
[continue to] have on the health and welfare of individuals in the state
as well as [on] TO the financial condition of the state DURING THE
STATE'S 2022 FISCAL YEAR, and notwithstanding any other provision of law
to the contrary, the dormitory authority of the state of New York and
the urban development corporation are each authorized to issue state-
supported debt pursuant to ARTICLE 5-B, article 5-C AND ARTICLE 5-F of
the state finance law to assist the state to manage its financing needs
during its [2021] 2022 fiscal year, without regard to any restrictions,
limitations and requirements contained in article 5-B of the state
finance law[, other than subdivision 4 of section 67-b of such article],
and such state-supported debt shall be deemed to be issued for (I) an
authorized purpose within the meaning of subdivision 2 of section 68-a
of the state finance law for all purposes of article 5-C of the state
finance law AND SECTION 92-Z OF THE STATE FINANCE LAW, OR (II) AN
AUTHORIZED PURPOSE WITHIN THE MEANING OF SUBDIVISION 2 OF SECTION 69-M
OF THE STATE FINANCE LAW FOR ALL PURPOSES OF ARTICLE 5-F OF THE STATE
FINANCE LAW AND SECTION 92-H OF THE STATE FINANCE LAW, AS THE CASE MAY
BE. Furthermore, any bonds issued directly by the state during the
state's [2021] 2022 fiscal year shall be issued without regard to any
restrictions, limitations and requirements contained in article 5-B of
the state finance law[, other than subdivision 4 of section 67-b of such
article]. For so long as any state-supported debt issued during the
state's [2021] 2022 fiscal year shall remain outstanding, including any
state-supported debt issued to refund state-supported debt issued during
such fiscal year, the restrictions, limitations and requirements
contained in article 5-B of the state finance law, [other than subdivi-
sion 4 of section 67-b of such article,] shall not apply.
2. Effect of inconsistent provisions. Insofar as the provisions of
this section are inconsistent with the provisions of any other law,
general, special, or local, the provisions of this act shall be control-
ling.
3. Severability; construction. The provisions of this section shall be
severable, and if the application of any clause, sentence, paragraph,
subdivision, section or part of this section to any person or circum-
stance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not necessarily affect, impair or invali-
S. 2505--A 121 A. 3005--A
date the application of any such clause, sentence, paragraph, subdivi-
sion, section, part of this section or remainder thereof, as the case
may be, to any other person or circumstance, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered.
§ 49. Section 3238-a of the public authorities law, as amended by
section 1 of part V of chapter 63 of the laws of 2003, is amended to
read as follows:
§ 3238-a. Payment to city of New York. 1. Notwithstanding any incon-
sistent provision of law, the corporation shall transfer to the city of
New York one hundred seventy million dollars from the resources of the
corporation pursuant to section thirty-two hundred thirty-nine of this
title[. Such payment]; PROVIDED, HOWEVER, THAT ON AND AFTER JULY FIRST,
TWO THOUSAND TWENTY, THE OBLIGATION OF THE CORPORATION TO MAKE SUCH
TRANSFER SHALL BE CONDITIONED ON ANY BONDS ISSUED BY THE SALES TAX ASSET
RECEIVABLES CORPORATION THAT ARE SECURED BY THE CORPORATION'S PAYMENTS
DESCRIBED IN THIS SUBDIVISION BEING OUTSTANDING IN ACCORDANCE WITH THE
TRUST INDENTURE UNDER WHICH THEY WERE ISSUED, WHILE ANY SUCH BONDS ARE
OUTSTANDING SUCH PAYMENTS shall be made during each city fiscal year.
Such payments from the corporation shall be made from the fund estab-
lished by section ninety-two-r of the state finance law and in accord-
ance with the provisions thereof.
2. The city of New York, acting by the mayor alone, may assign all or
any portion of such amount to any not-for-profit corporation incorpo-
rated pursuant to section fourteen hundred eleven of the not-for-profit
corporation law and, upon such assignment, the amount so assigned shall
be the property of such not-for-profit corporation for all purposes.
Following notice from the city of New York to the corporation and the
comptroller of such assignment, such payment shall be made directly to
the city's assignee. If such not-for-profit corporation issues bonds
and/or notes, the state does hereby pledge and agree with the holders of
any issue of bonds and/or notes secured by such a pledge that the state
will not limit or alter the rights vested in such not-for-profit corpo-
ration to fulfill the terms of any agreements made with such holders or
in any way impair the rights and remedies of such holders or the securi-
ty for such bonds and/or notes until such bonds and/or notes, together
with the interest thereon and all costs and expenses in connection with
any action or proceeding by or on behalf of such holders, are fully paid
and discharged. The foregoing pledge and agreement may be included in
any agreement with the holders of such bonds or notes. Nothing contained
in this section shall be deemed to restrict the right of the state to
amend, modify, repeal or otherwise alter statutes imposing or relating
to the taxes subject to such assignment, but such taxes shall in all
events continue to be so payable, as assigned, so long as any such taxes
are imposed.
3. THE STATE MAY, AT ANY TIME, PROVIDE PROCEEDS OF STATE SUPPORTED
DEBT, AS DEFINED IN SUBDIVISION ONE OF SECTION SIXTY-SEVEN-A OF THE
STATE FINANCE LAW, OR OTHER AVAILABLE MONIES, TO THE TRUSTEE FOR THE
BONDS OF THE SALES TAX ASSET RECEIVABLE CORPORATION SECURED BY THE
CORPORATION'S PAYMENTS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION IN
AN AMOUNT SUFFICIENT TO FULLY PAY AND DISCHARGE SUCH BONDS BY MEANS OF A
LEGAL DEFEASANCE OF ALL SUCH OUTSTANDING BONDS IN ACCORDANCE WITH THE
TRUST INDENTURE UNDER WHICH THEY WERE ISSUED. UPON ANY SUCH LEGAL DEFEA-
SANCE OF SUCH BONDS, THE CORPORATION'S OBLIGATION CONTAINED IN SUBDIVI-
S. 2505--A 122 A. 3005--A
SION ONE OF THIS SECTION TO TRANSFER FUNDS TO THE CITY OF NEW YORK SHALL
BE DEEMED SATISFIED AND FULLY DISCHARGED.
4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK AND THE NEW YORK STATE URBAN DEVELOP-
MENT CORPORATION ARE HEREBY AUTHORIZED TO ISSUE BONDS IN ONE OR MORE
SERIES PURSUANT TO ARTICLE FIVE-C OR ARTICLE FIVE-F OF THE STATE FINANCE
LAW IN AN AGGREGATE PRINCIPAL AMOUNT SUFFICIENT TO (I) FINANCE THE LEGAL
DEFEASANCE OF ALL OF THE OUTSTANDING BONDS OF THE SALES TAX ASSET
RECEIVABLE CORPORATION SECURED BY THE CORPORATION'S PAYMENTS DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION, (II) ONE OR MORE RELATED DEBT
SERVICE RESERVE FUNDS, AND (III) COSTS OF ISSUANCE ATTRIBUTABLE TO SUCH
BONDS, AND THE ISSUANCE OF SUCH BONDS IS HEREBY DETERMINED TO BE FOR AN
"AUTHORIZED PURPOSE", AS DEFINED IN SUBDIVISION TWO OF SECTION SIXTY-
EIGHT-A AND SUBDIVISION TWO OF SECTION SIXTY-NINE-M OF THE STATE FINANCE
LAW, AS THE CASE MAY BE.
§ 50. Paragraph a of subdivision 5 of section 89-b of the state
finance law, as amended by section 11 of part C of chapter 57 of the
laws of 2014, is amended to read as follows:
a. Moneys in the dedicated highway and bridge trust fund shall,
following appropriation by the legislature, be utilized for: recon-
struction, replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village roads, highways,
parkways, and bridges thereon, to restore such facilities to their
intended functions; construction, reconstruction, enhancement and
improvement of state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for traffic mitigation activities; aviation
projects authorized pursuant to section fourteen-j of the transportation
law and for payments to the general debt service fund of amounts equal
to amounts required for service contract payments related to aviation
projects as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged in transportation construction and recon-
struction projects, including a revolving fund for working capital
loans, and a bonding guarantee assistance program in accordance with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion of real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and bridges meet or
exceed their optimum useful life; expenses of control of snow and ice on
state highways by the department of transportation including but not
limited to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred forty-nine of
the highway law; personal services, nonpersonal services, and fringe
benefit costs of the department of transportation for bus safety
inspection activities, rail safety inspection activities, and truck
safety inspection activities; costs of the department of motor vehicles,
including but not limited to personal and nonpersonal services; costs of
engineering and administrative services of the department of transporta-
tion, including but not limited to fringe benefits; the contract
services provided by private firms in accordance with section fourteen
S. 2505--A 123 A. 3005--A
of the transportation law; personal services and nonpersonal services,
for activities including but not limited to the preparation of designs,
plans, specifications and estimates; construction management and super-
vision activities; costs of appraisals, surveys, testing and environ-
mental impact statements for transportation projects; expenses in
connection with buildings, equipment, materials and facilities used or
useful in connection with the maintenance, operation, and repair of
highways, parkways and bridges thereon; and project costs for:
construction, reconstruction, improvement, reconditioning and preserva-
tion of rail freight facilities and intercity rail passenger facilities
and equipment; construction, reconstruction, improvement, reconditioning
and preservation of state, municipal and privately owned ports;
construction, reconstruction, improvement, reconditioning and preserva-
tion of municipal airports; privately owned airports and aviation capi-
tal facilities, excluding airports operated by the state or operated by
a bi-state municipal corporate instrumentality for which federal funding
is not available provided the project is consistent with an approved
airport layout plan; and construction, reconstruction, enhancement,
improvement, replacement, reconditioning, restoration, rehabilitation
and preservation of state, county, town, city and village roads, high-
ways, parkways and bridges; and construction, reconstruction, improve-
ment, reconditioning and preservation of fixed ferry facilities of
municipal and privately owned ferry lines for transportation purposes,
and the payment of debt service required on any bonds, notes or other
obligations and related expenses for highway, parkway, bridge and
project costs for: construction, reconstruction, improvement, recondi-
tioning and preservation of rail freight facilities and intercity rail
passenger facilities and equipment; construction, reconstruction,
improvement, reconditioning and preservation of state, municipal and
privately owned ports; construction, reconstruction, improvement, recon-
ditioning and preservation of municipal airports; privately owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate instrumentality
for which federal funding is not available provided the project is
consistent with an approved airport layout plan; construction, recon-
struction, enhancement, improvement, replacement, reconditioning, resto-
ration, rehabilitation and preservation of state, county, town, city and
village roads, highways, parkways and bridges; and construction, recon-
struction, improvement, reconditioning and preservation of fixed ferry
facilities of municipal and privately owned ferry lines for transporta-
tion purposes, purposes authorized on or after the effective date of
this section. Beginning with disbursements made on and after the first
day of April, nineteen hundred ninety-three, moneys in such fund shall
be available to pay such costs or expenses