[ ] is old law to be omitted.
                                                            LBD12672-05-2
 S. 8006--C                          2                         A. 9006--C
 
   kindergarten  program;  to  amend  the  education  law, in relation to
   universal prekindergarten expansions; to amend chapter 756 of the laws
   of 1992, relating to  funding  a  program  for  work  force  education
   conducted  by the consortium for worker education in New York city, in
   relation to reimbursement for the 2022-2023 school year, withholding a
   portion of employment preparation education aid and in relation to the
   effectiveness thereof; to amend chapter  537  of  the  laws  of  1976,
   relating to paid, free and reduced price breakfast for eligible pupils
   in  certain school districts, in relation to lunch meal state subsidy;
   to amend chapter  169  of  the  laws  of  1994,  relating  to  certain
   provisions related to the 1994-95 state operations, aid to localities,
   capital  projects  and debt service budgets, in relation to the effec-
   tiveness thereof; to amend chapter 147 of the laws of  2001,  amending
   the  education  law  relating  to  conditional  appointment  of school
   district, charter school or BOCES employees, in relation to the effec-
   tiveness thereof; to amend chapter 425 of the laws of  2002,  amending
   the  education  law  relating  to the provision of supplemental educa-
   tional services, attendance at a safe public school and the suspension
   of pupils who bring a firearm to or possess a firearm at a school,  in
   relation  to making certain provisions thereof permanent; to amend the
   No Child Left Behind Act of 2001, in relation to making the provisions
   thereof permanent; to amend chapter 552 of the laws of 1995,  amending
   the  education  law  relating  to  contracts for the transportation of
   school children, in relation to the effectiveness  thereof;  providing
   for  school  bus  driver training grants; providing for special appor-
   tionment for salary expenses; providing for special apportionment  for
   public  pension  accruals;  to  amend chapter 121 of the laws of 1996,
   relating to authorizing the Roosevelt union free  school  district  to
   finance  deficits  by  the  issuance  of  serial bonds, in relation to
   extending the school years to which apportionment for salary  expenses
   apply;  to amend the education law, in relation to permitting the city
   school district of the city of Rochester  to  make  certain  purchases
   from  the board of cooperative educational services of the supervisory
   district serving its geographic region; to amend  chapter  82  of  the
   laws of 1995, amending the education law and certain other laws relat-
   ing  to  state  aid to school districts and the appropriation of funds
   for the support of government, in relation to the effectiveness there-
   of; providing for  set-asides  from  the  state  funds  which  certain
   districts  are  receiving from the total foundation aid; providing for
   support of public libraries; and providing for the repeal  of  certain
   provisions  upon  expiration  thereof (Part A); to amend the education
   law and the local finance law, in  relation  to  zero-emission  school
   buses (Subpart A); to amend the public authorities law, in relation to
   the  creation  of  a  zero-emission  bus  roadmap (Subpart B)(Part B);
   intentionally omitted  (Part  C);  to  amend  the  education  law,  in
   relation  to state appropriations for reimbursement of tuition credits
   (Part D); to amend the education law, in relation to the expansion  of
   the part-time tuition assistance program (Part E); to amend the educa-
   tion  law,  in relation to eligibility requirements and conditions for
   tuition assistance program awards; and to repeal certain provisions of
   the education law relating to the ban on incarcerated  individuals  to
   be eligible to receive state aid (Part F); to amend the education law,
   in  relation  to  setting  tuition rates charged for recipients of the
   excelsior scholarship  (Part  G);  to  amend  the  education  law,  in
   relation  to  including  certain  apprenticeships in the definition of
   "eligible educational institution" for  the  New  York  state  college
 S. 8006--C                          3                         A. 9006--C
 
   choice  tuition  savings program (Part H); intentionally omitted (Part
   I); intentionally omitted (Part J); intentionally omitted (Part K); to
   amend the social services law, in relation to  child  care  assistance
   (Part  L); to amend part N of chapter 56 of the laws of 2020, amending
   the social services law relating to restructuring financing for  resi-
   dential  school  placements,  in relation to the effectiveness thereof
   (Part M); to amend part C of chapter 83 of the laws of 2002,  amending
   the  executive law and other laws relating to funding for children and
   family services, in relation to extending  the  effectiveness  thereof
   (Part  N); to amend the social services law, in relation to reimburse-
   ment for a portion of the costs of social services districts for  care
   provided  to  foster children in institutions, group residences, group
   homes, and agency operated  boarding  homes  (Part  O);  intentionally
   omitted  (Part P); intentionally omitted (Part Q); to amend the execu-
   tive law, in relation to increasing the amount  of  reimbursement  the
   division of veterans' affairs shall provide to local veterans' service
   agencies  for  the  cost  of maintenance of such agencies (Part R); to
   amend the social services law, in relation to increasing the standards
   of monthly need for aged, blind and disabled  persons  living  in  the
   community  (Part S); to amend part W of chapter 54 of the laws of 2016
   amending the social services law relating to the powers and duties  of
   the  commissioner  of social services relating to the appointment of a
   temporary operator, in relation to the effectiveness thereof (Part T);
   to amend the social services law, in relation to the  public  benefits
   and  requirements; and to repeal certain provisions of such law relat-
   ing thereto (Part U); intentionally omitted  (Part  V);  intentionally
   omitted  (Part W); intentionally omitted (Part X); intentionally omit-
   ted (Part Y); to utilize reserves in the mortgage insurance  fund  for
   various  housing  purposes  (Part Z); intentionally omitted (Part AA);
   intentionally omitted (Part  BB);  intentionally  omitted  (Part  CC);
   intentionally  omitted  (Part  DD);  intentionally  omitted (Part EE);
   intentionally omitted (Part  FF);  to  amend  the  executive  law,  in
   relation to the state's language access policy (Part GG); to amend the
   retirement  and  social  security law, in relation to waiving approval
   and income limitations on retirees employed in  school  districts  and
   board  of  cooperative  educational  services;  and  providing for the
   repeal of such provisions upon expiration thereof  (Part  HH);  inten-
   tionally  omitted  (Part II); to amend chapter 277 of the laws of 2021
   amending the labor law relating to the calculation of  weekly  employ-
   ment  insurance  benefits for workers who are partially unemployed, in
   relation to the effectiveness thereof (Part JJ); directing the  office
   of  temporary  and  disability assistance to conduct a public outreach
   program regarding utilities assistance (Part KK); to amend the  social
   services law, in relation to the savings plan demonstration project in
   the city of New York; and to amend part K of chapter 58 of the laws of
   2010  amending  the  social  services law relating to establishing the
   savings plan demonstration project, in relation to  the  effectiveness
   thereof  (Part  LL);  to repeal section 106 of the social services law
   relating to mortgage repayment liens for public  assistance  benefici-
   aries  (Part  MM);  requiring the state university of New York and the
   city university of New York to report on the hiring of faculty  pursu-
   ant  to any state funding appropriated for such purposes (Part NN); to
   amend the education law, in relation to  removing  the  limit  on  the
   total  annual  costs  of the Senator Patricia K. McGee nursing faculty
   scholarship program and relates to the number of awards  that  may  be
   given  under  the New York state young farmers loan forgiveness incen-
 S. 8006--C                          4                         A. 9006--C
 
   tive program (Part OO); in relation to constituting chapter 13 of  the
   consolidated  laws  establishing  the  veterans'  services law and the
   department of veterans' services; to amend the domestic relations law,
   the  education  law,  the election law, the environmental conservation
   law, the executive law, the general municipal law, the labor law,  the
   mental  hygiene  law,  the  not-for-profit corporation law, the public
   health law, the social services law, the state finance  law,  the  New
   York  state defense emergency act, the administrative code of the city
   of New York, the New York city charter, the cannabis  law,  the  state
   technology  law,  the  county  law,  the economic development law, the
   correction law, the civil service law, the general business  law,  the
   general  construction  law,  the  highway  law, the insurance law, the
   judiciary law, the military law, the public housing  law,  the  public
   officers  law,  the private housing finance law, the real property tax
   law, the tax law, the town law, the vehicle and traffic law,  and  the
   workers'  compensation  law, in relation to replacing all instances of
   the term "division of veterans services" with the term "department  of
   veterans'  services"  and making related conforming technical changes;
   and to repeal certain provisions of  the  executive  law  relating  to
   veterans'  services and of the military law relating to certain awards
   and medals (Part PP); to establish the "ethics commission  reform  act
   of  2022";  to  amend  the  executive  law,  in relation to creating a
   commission on ethics and lobbying in government; to amend the legisla-
   tive law, the public officers law, and the executive law, in  relation
   to  making  technical  corrections  thereto;  and  to  repeal  certain
   provisions of the executive law relating thereto (Part QQ);  to  amend
   the  racing,  pari-mutuel  wagering  and  breeding law, in relation to
   gaming facility determinations and licensing (Part RR); to  amend  the
   retirement  and  social  security law, in relation to enacting reforms
   related to public service performed during the COVID-19 pandemic (Part
   SS); to amend the retirement and social security law, in  relation  to
   providing  reforms to Tier 5 and Tier 6 of the retirement system (Part
   TT); to amend the penal law, in relation to criminal sale of  firearms
   (Subpart  A);  to  amend  the  criminal  procedure law, in relation to
   appearance tickets issued to certain persons (Subpart B); to amend the
   criminal procedure law, in relation to certain information  the  court
   must consider and take into account for securing an order (Subpart C);
   to  amend  the  criminal  procedure law, in relation to the failure to
   comply with a discovery order and certificates of compliance  (Subpart
   D); to amend the family court act, in relation to the statute of limi-
   tations  and  jurisdiction  for  juvenile delinquency proceedings; and
   community based treatment referrals (Subpart  E);  and  to  amend  the
   criminal  procedure  law,  in  relation  to  release for mental health
   assessment and evaluation and involuntary commitment  pending  release
   (Subpart  F); and to amend the judiciary law and the executive law, in
   relation to certain reports on pretrial release and detention (Subpart
   G); to amend Kendra's law, in relation  to  extending  the  expiration
   thereof; and to amend the mental hygiene law, in relation to extending
   Kendra's  law and assisted outpatient treatment (Subpart H) (Part UU);
   in relation to enacting the private activity bond  allocation  act  of
   2022;  and providing for the repeal of certain provisions upon expira-
   tion thereof (Part VV); to amend the public officers law, in  relation
   to  permitting  videoconferencing  and  remote participation in public
   meetings under certain circumstances; and providing for the repeal  of
   such provisions upon expiration thereof (Part WW); to amend the public
   health  law,  in relation to the minimum wage of home care aides (Part
 S. 8006--C                          5                         A. 9006--C
 
   XX); to amend chapter  252  of  the  laws  of  1968  relating  to  the
   construction  and  financing  of  a  stadium by the county of Erie and
   authorizing, in aid of such financing, the leasing of such stadium and
   exemption  from  current funds requirements, in relation to confirming
   the intention of the legislature that the purposes  mentioned  therein
   are  public  and governmental purposes of the county of Erie for which
   exemption shall be allowed from real property taxation (Part  YY);  to
   amend  the social services law, in relation to establishing the health
   care and mental hygiene worker bonuses (Part ZZ); to amend the  social
   services  law,  in relation to expanding Medicaid eligibility require-
   ments for seniors and disabled individuals; and relating to  expanding
   eligibility  for the medicare savings program (Part AAA); to amend the
   public health law and the social services law, in relation to  permit-
   ting the commissioner of health to submit a waiver that expands eligi-
   bility  for  New York's basic health program and increases the federal
   poverty limit cap  for  basic  health  program  eligibility  from  two
   hundred  to  two  hundred  fifty percent; to amend the social services
   law, in relation to allowing pregnant individuals to be  eligible  for
   the  basic  health  program  and maintain coverage in the basic health
   program for one year post pregnancy and to deem a  child  born  to  an
   individual  covered  under the basic health program to be eligible for
   medical assistance; to amend the social services law, in  relation  to
   cost-sharing  obligations  for  certain  services  and  supports;  and
   providing for the repeal of certain  provisions  upon  the  expiration
   thereof  (Part  BBB); to amend the social services law, in relation to
   including expanded pre-natal and post-partum care as standard coverage
   when determined to be necessary; and to repeal section 369-hh  of  the
   social  services  law  (Part  CCC); to amend the public health law, in
   relation to expanding benefits in the Child Health Plus Program, elim-
   inating the premium contribution for  certain  households  and  trans-
   ferring  Child  Health Plus rate setting authority from the Department
   of Financial Services to the Department of Health (Part DDD); to amend
   part E of chapter 55 of the laws of 2020, amending the  state  finance
   law  relating  to  establishing the criminal justice discovery compen-
   sation fund; amending the criminal procedure law  relating  to  monies
   recovered by county district attorneys before the filing of an accusa-
   tory  instrument;  and  providing for the repeal of certain provisions
   upon expiration thereof, in relation to  extending  the  effectiveness
   thereof;  and to amend the judiciary law and the state finance law, in
   relation to monies allocated to the chief administrator of the  courts
   and  the  division  of  criminal  justice  services for the purpose of
   completing certain reports (Part EEE); and to provide for the adminis-
   tration of certain funds and accounts related to the 2022-2023 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 D3 of chapter 62 of the laws of 2003 amending the gener-
   al    business  law  and other laws relating to implementing the state
   fiscal  plan  for the 2003-2004 state fiscal year, in relation to  the
   deposit   provisions of the tobacco settlement  financing  corporation
   act; 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 chapter 81 of the laws of 2002 relat-
   ing  to providing for the administration of certain funds and accounts
   related to the 2002-2003  budget,  in  relation  to  the  issuance  of
   certain  bonds  &  notes; to amend part Y of chapter 61 of the laws of
 S. 8006--C                          6                         A. 9006--C
 
   2005, relating to providing for the administration  of  certain  funds
   and accounts related to the 2005-2006 budget, in relation to the issu-
   ance  of  certain bonds or notes; to amend the public authorities law,
   in  relation  to  the issuance of certain bonds or notes; to amend the
   New York state medical care facilities finance agency act, in relation
   to the issuance of certain bonds or notes; to amend the New York state
   urban development corporation act, in  relation  to  the  issuance  of
   certain  bonds  or  notes;  to  amend chapter 329 of the laws of 1991,
   amending the state finance law and other laws relating to  the  estab-
   lishment  of  the dedicated highway and bridge trust fund, in relation
   to the issuance of certain bonds or notes; to amend the public author-
   ities law, in relation to the issuance of certain bonds or  notes;  to
   amend  the private housing finance law, in relation to housing program
   bonds and notes; to amend part D of chapter  63   of   the   laws   of
   2005,    relating  to  the composition and responsibilities of the New
   York state higher education capital matching grant board, in  relation
   to  increasing the   amount  of authorized matching capital grants; to
   amend the  New  York  state  urban  development  corporation  act,  in
   relation  to the  nonprofit infrastructure capital investment program;
   to amend the New York state  urban  development  corporation  act,  in
   relation to personal income tax notes for 2022, in relation to author-
   izing  the  dormitory authority of the state of New York and the urban
   development corporation to enter into line of  credit  facilities  for
   2022,  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 state finance law, in  relation  to
   the  issuance  of  revenue  bonds;  to  amend the New York state urban
   development corporation act, in relation to permitting  the  dormitory
   authority,  the  New York state urban development corporation, and the
   thruway authority to issue bonds for the purpose  of  refunding  obli-
   gations of the power authority of the state of New York to fund energy
   efficiency  projects at state agencies; to repeal subdivisions 4 and 5
   of section 16 of part T of chapter 57 of the laws of 2007, relating to
   providing for the administration of certain funds and accounts related
   to the 2007-2008 budget; and  providing  for  the  repeal  of  certain
   provisions upon expiration thereof (Part FFF)
 
   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 education, labor, housing and family
 assistance budget for the 2022-2023 state fiscal year. Each component is
 wholly contained within a Part identified as Parts A  through  FFF.  The
 effective  date for each particular provision contained within such Part
 is set forth in the last section of such  Part.  Any  provision  in  any
 section  contained  within  a  Part, including the effective date of the
 Part, which makes a reference to a section "of this act", when  used  in
 connection  with  that particular component, shall be deemed to mean and
 refer to the corresponding section of the Part in  which  it  is  found.
 Section  three of this act sets forth the general effective date of this
 act.
 
                                  PART A
 S. 8006--C                          7                         A. 9006--C
 
   Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
 tion law, as amended by section 1 of part A of chapter 56 of the laws of
 2021, is amended to read as follows:
   e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
 district that submitted a contract for excellence for the  two  thousand
 eight--two  thousand nine school year shall submit a contract for excel-
 lence for the  two  thousand  nine--two  thousand  ten  school  year  in
 conformity  with the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section unless all schools in the  district  are
 identified  as  in  good  standing  and  provided further that, a school
 district that submitted a contract for excellence for the  two  thousand
 nine--two  thousand  ten school year, unless all schools in the district
 are identified as in good standing, shall submit a contract  for  excel-
 lence for the two thousand eleven--two thousand twelve school year which
 shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
 graph a of subdivision two of this section, provide for the  expenditure
 of  an  amount  which  shall  be not less than the product of the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
 district's gap elimination adjustment percentage  and  provided  further
 that, a school district that submitted a contract for excellence for the
 two thousand eleven--two thousand twelve school year, unless all schools
 in  the  district  are  identified  as  in good standing, shall submit a
 contract for excellence for the two thousand twelve--two thousand  thir-
 teen  school  year  which  shall,  notwithstanding  the  requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  eleven--two  thousand  twelve  school  year and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the  two  thousand twelve--two thousand thirteen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the requirements of subparagraph (vi) of paragraph a of subdivision  two
 of this section, provide for the expenditure of an amount which shall be
 not  less  than  the amount approved by the commissioner in the contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year and provided further that,  a  school  district  that  submitted  a
 contract  for  excellence  for  the  two thousand thirteen--two thousand
 fourteen school year, unless all schools in the district are  identified
 as  in good standing, shall submit a contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand fourteen school year;  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 fourteen--two thousand fifteen school year, unless all  schools  in  the
 district are identified as in good standing, shall submit a contract for
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year which shall, notwithstanding the requirements of subparagraph  (vi)
 of  paragraph  a  of  subdivision  two  of this section, provide for the
 expenditure of an amount  which  shall  be  not  less  than  the  amount
 approved  by the commissioner in the contract for excellence for the two
 S. 8006--C                          8                         A. 9006--C
 
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further  that a school district that submitted a contract for excellence
 for the two thousand fifteen--two thousand sixteen school  year,  unless
 all  schools  in  the district are identified as in good standing, shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of subparagraph (vi) of paragraph a of subdivision two of this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  fifteen--two  thousand sixteen school year; and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the two thousand sixteen--two thousand seventeen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 seventeen--two thousand eighteen school year which shall,  notwithstand-
 ing  the requirements of subparagraph (vi) of paragraph a of subdivision
 two of this section, provide for the  expenditure  of  an  amount  which
 shall  be  not  less than the amount approved by the commissioner in the
 contract for excellence  for  the  two  thousand  sixteen--two  thousand
 seventeen  school year; and provided further that a school district that
 submitted a contract for excellence for the two thousand  seventeen--two
 thousand  eighteen  school  year, unless all schools in the district are
 identified as in good standing, shall submit a contract  for  excellence
 for  the  two thousand eighteen--two thousand nineteen school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than the  amount  approved  by  the
 commissioner  in the contract for excellence for the two thousand seven-
 teen--two thousand eighteen school year; and provided  further  that,  a
 school  district  that  submitted  a contract for excellence for the two
 thousand eighteen--two thousand nineteen school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for  excellence  for  the  two thousand nineteen--two thousand
 twenty school year which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand eighteen--two thousand nineteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  nineteen--two  thousand  twenty  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 twenty--two thousand twenty-one school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand nineteen--two thousand twenty school
 year;  and  provided  further  that,  a school district that submitted a
 contract for excellence for the two thousand twenty--two thousand  twen-
 ty-one school year, unless all schools in the district are identified as
 in  good  standing,  shall  submit a contract for excellence for the two
 thousand twenty-one--two thousand twenty-two school  year  which  shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two  thousand  twenty--two
 S. 8006--C                          9                         A. 9006--C
 
 thousand  twenty-one  school  year;  AND PROVIDED FURTHER THAT, A SCHOOL
 DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE  TWO  THOUSAND
 TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO SCHOOL YEAR, UNLESS ALL SCHOOLS IN
 THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT
 FOR  EXCELLENCE  FOR  THE  TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-
 THREE SCHOOL YEAR  WHICH  SHALL,  NOTWITHSTANDING  THE  REQUIREMENTS  OF
 SUBPARAGRAPH  (VI)  OF  PARAGRAPH  A OF SUBDIVISION TWO OF THIS SECTION,
 PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE  NOT  LESS  THAN
 THE  AMOUNT  APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE
 FOR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND  TWENTY-TWO  SCHOOL  YEAR.
 For purposes of this paragraph, the "gap elimination adjustment percent-
 age" shall be calculated as the sum of one minus the quotient of the sum
 of the school district's net gap elimination adjustment for two thousand
 ten--two thousand eleven computed pursuant to chapter fifty-three of the
 laws  of  two  thousand  ten,  making  appropriations for the support of
 government, plus the school district's gap  elimination  adjustment  for
 two thousand eleven--two thousand twelve as computed pursuant to chapter
 fifty-three  of  the  laws of two thousand eleven, making appropriations
 for the support of the local assistance budget,  including  support  for
 general support for public schools, divided by the total aid for adjust-
 ment  computed  pursuant to chapter fifty-three of the laws of two thou-
 sand eleven, making appropriations  for  the  local  assistance  budget,
 including  support  for  general  support  for public schools. Provided,
 further, that such amount shall be  expended  to  support  and  maintain
 allowable programs and activities approved in the two thousand nine--two
 thousand  ten  school  year  or  to  support  new  or expanded allowable
 programs and activities in the current year.
   § 2. Subdivision 4 of section 3602 of the education law is amended  by
 adding a new paragraph j to read as follows:
   J. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND
 TWENTY-THREE  SCHOOL  YEAR.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY, FOUNDATION AID PAYABLE IN  THE  TWO  THOUSAND  TWENTY-TWO--TWO
 THOUSAND TWENTY-THREE SCHOOL YEAR SHALL BE EQUAL TO THE SUM OF THE TOTAL
 FOUNDATION  AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE
 OF THIS SECTION PLUS THE GREATER OF (A)  THE  PRODUCT  OF  THE  PHASE-IN
 FOUNDATION  INCREASE FACTOR AS COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF
 PARAGRAPH B OF THIS SUBDIVISION MULTIPLIED BY THE  POSITIVE  DIFFERENCE,
 IF  ANY, OF (I) TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH A OF
 THIS SUBDIVISION LESS (II) THE TOTAL FOUNDATION AID BASE COMPUTED PURSU-
 ANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, OR (B) THE  PROD-
 UCT  OF  THREE  HUNDREDTHS (0.03) MULTIPLIED BY THE TOTAL FOUNDATION AID
 BASE COMPUTED PURSUANT  TO  PARAGRAPH  J  OF  SUBDIVISION  ONE  OF  THIS
 SECTION.
   §  3.  Section  3602  of  the education law is amended by adding a new
 subdivision 4-a to read as follows:
   4-A.  FOUNDATION AID MAINTENANCE OF EQUITY AID.  1.  FOR  PURPOSES  OF
 THIS SUBDIVISION THE FOLLOWING TERMS SHALL BE DEFINED AS FOLLOWS:
   A. "HIGH-NEED LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH (1) THE
 HIGHEST  PERCENTAGE OF ECONOMICALLY DISADVANTAGED STUDENTS AS CALCULATED
 BASED ON THE  MOST  RECENT  SMALL  AREA  INCOME  AND  POVERTY  ESTIMATES
 PROVIDED  BY  THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE SUM
 OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS GREATER THAN
 OR EQUAL TO THE PRODUCT OF FIVE-TENTHS (0.5) AND THE STATEWIDE TOTAL  OF
 SUCH ENROLLMENT.
   B.  "HIGHEST-POVERTY  LEAS" SHALL MEAN LOCAL EDUCATIONAL AGENCIES WITH
 (1) THE HIGHEST PERCENTAGE OF  ECONOMICALLY  DISADVANTAGED  STUDENTS  AS
 S. 8006--C                         10                         A. 9006--C
 
 CALCULATED  BASED ON THE MOST RECENT SMALL AREA INCOME AND POVERTY ESTI-
 MATES PROVIDED BY THE UNITED STATES CENSUS BUREAU AND (2) THE CUMULATIVE
 SUM OF LOCAL EDUCATIONAL AGENCY ENROLLMENT FOR THE BASE YEAR IS  GREATER
 THAN OR EQUAL TO THE PRODUCT OF TWO-TENTHS (0.2) AND THE STATEWIDE TOTAL
 OF SUCH ENROLLMENT.
   C.  "ELIGIBLE  DISTRICTS" SHALL MEAN SCHOOL DISTRICTS DEFINED AS HIGH-
 NEED LEAS OR HIGHEST-POVERTY LEAS IN THE CURRENT YEAR WHICH ARE  SUBJECT
 TO  THE  STATE  LEVEL  MAINTENANCE OF EQUITY REQUIREMENT IN THE AMERICAN
 RESCUE PLAN ACT OF 2021, SECTION 2004, PART 1,  SUBTITLE  A,  TITLE  II,
 (PUBLIC LAW 117-2) FOR THE CURRENT YEAR.
   D.  "STATE  FUNDING" SHALL MEAN ANY APPORTIONMENT PROVIDED PURSUANT TO
 SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN  HUNDRED  FIFTY-
 ONE,  AND  SEVEN HUNDRED FIFTY-THREE OF THIS CHAPTER PLUS APPORTIONMENTS
 PURSUANT TO SUBDIVISIONS FOUR, FIVE-A, TEN, TWELVE, AND SIXTEEN OF  THIS
 SECTION.
   E.  "LOCAL  EDUCATIONAL AGENCY ENROLLMENT" SHALL MEAN THE UNDUPLICATED
 COUNT OF ALL CHILDREN REGISTERED  TO  RECEIVE  EDUCATIONAL  SERVICES  IN
 GRADES  KINDERGARTEN  THROUGH  TWELVE,  INCLUDING  CHILDREN  IN UNGRADED
 PROGRAMS, AS REGISTERED ON THE DATE PRIOR  TO  NOVEMBER  FIRST  THAT  IS
 SPECIFIED  BY  THE COMMISSIONER AS THE ENROLLMENT REPORTING DATE, REGIS-
 TERED IN A LOCAL EDUCATIONAL AGENCY AS DEFINED PURSUANT TO SECTION  7801
 OF TITLE 20 OF THE UNITED STATES CODE.
   2. ELIGIBLE DISTRICTS SHALL RECEIVE AN APPORTIONMENT OF FOUNDATION AID
 MAINTENANCE  OF  EQUITY  AID IN THE CURRENT YEAR IF THE COMMISSIONER, IN
 CONSULTATION WITH THE DIRECTOR OF THE BUDGET,  DETERMINES  THE  DISTRICT
 WOULD  OTHERWISE  RECEIVE  A  REDUCTION  IN STATE FUNDING ON A PER PUPIL
 BASIS INCONSISTENT WITH THE FEDERAL STATE LEVEL  MAINTENANCE  OF  EQUITY
 REQUIREMENT.  THIS  APPORTIONMENT SHALL BE EQUAL TO THE AMOUNT NECESSARY
 TO ENSURE COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF  EQUITY
 REQUIREMENT.    THIS  APPORTIONMENT  SHALL  BE  PAID IN THE CURRENT YEAR
 PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART.
   § 4. Clause (ii) of paragraph j of subdivision 1 of  section  3602  of
 the  education  law, as amended by section 11 of part B of chapter 57 of
 the laws of 2007, is amended to read as follows:
   (ii) For aid payable in the  two  thousand  eight--two  thousand  nine
 school  year  and  thereafter, the total foundation aid base shall equal
 the total amount a district was eligible to receive  in  the  base  year
 pursuant to subdivision four of this section PLUS FOUNDATION AID MAINTE-
 NANCE OF EQUITY AID PURSUANT TO SUBDIVISION FOUR-A OF THIS SECTION.
   §  5.  Section  3602-b of the education law is amended by adding a new
 subdivision 3 to read as follows:
   3. A. IN ADDITION TO APPORTIONMENTS CALCULATED  PURSUANT  TO  SUBDIVI-
 SIONS  ONE AND TWO OF THIS SECTION, EACH SCHOOL DISTRICT EMPLOYING FEWER
 THAN EIGHT TEACHERS DEFINED AS ELIGIBLE PURSUANT  TO  PARAGRAPH  ONE  OF
 SUBDIVISION  FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL
 RECEIVE AN ADDITIONAL APPORTIONMENT OF PUBLIC MONEY IN THE CURRENT  YEAR
 IF  THE  COMMISSIONER,  IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET,
 DETERMINES THE DISTRICT WOULD OTHERWISE RECEIVE  A  REDUCTION  IN  STATE
 FUNDING,  AS  DEFINED  IN SUBPARAGRAPH D OF PARAGRAPH ONE OF SUBDIVISION
 FOUR-A OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, ON  A  PER  PUPIL
 BASIS  INCONSISTENT  WITH  THE FEDERAL STATE LEVEL MAINTENANCE OF EQUITY
 REQUIREMENT.
   B. THE MAINTENANCE OF EQUITY AID SHALL BE EQUAL TO THE  AMOUNT  NECES-
 SARY  TO  ENSURE  COMPLIANCE WITH THE FEDERAL STATE LEVEL MAINTENANCE OF
 EQUITY REQUIREMENT IN THE AMERICAN RESCUE  PLAN  ACT  OF  2021,  SECTION
 S. 8006--C                         11                         A. 9006--C
 
 2004,  PART  1, SUBTITLE A, TITLE II, (PUBLIC LAW 117-2) FOR THE CURRENT
 YEAR.
   § 5-a. Section 9-a of part A of chapter 56 of the laws of 2021, relat-
 ing to funding from the elementary and secondary school emergency relief
 fund  allocated  by  the American rescue plan act of 2021, is amended to
 read as follows:
   § 9-a. (1) On or before July 1, 2021, every local  educational  agency
 receiving  funding  from  the  elementary and secondary school emergency
 relief fund allocated by the American rescue plan act of 2021  shall  be
 required  to post on its website a plan by school year of how such funds
 will be expended and how the local educational  agency  will  prioritize
 spending  on  non-recurring  expenses  in the areas of: safely returning
 students to  in-person  instruction;  maximizing  in-person  instruction
 time;  operating  schools  and meeting the needs of students; purchasing
 educational technology; addressing the impacts of the COVID-19  pandemic
 on students, including the impacts of interrupted instruction and learn-
 ing loss and the impacts on low-income students, children with disabili-
 ties, English language learners, and students experiencing homelessness;
 implementing   evidence-based   strategies  to  meet  students'  social,
 emotional, mental health, and academic  needs;  offering  evidence-based
 summer,   afterschool,   and  other  extended  learning  and  enrichment
 programs; and supporting early childhood  education.  Provided  further,
 that  local  educational  agencies shall identify any programs utilizing
 such funding that are expected to continue beyond  the  availability  of
 such  federal  funds and identify local funds that will be used to main-
 tain such programs in order to minimize disruption to core academic  and
 other  school  programs. Before posting such plan, the local educational
 agency shall seek public comment from parents, teachers and other stake-
 holders on the plan and take such comments into account in the  develop-
 ment of the plan.
   (2)  ON OR BEFORE JULY 1, 2022, EVERY LOCAL EDUCATIONAL AGENCY RECEIV-
 ING FUNDING FROM THE ELEMENTARY AND SECONDARY  SCHOOL  EMERGENCY  RELIEF
 FUND ALLOCATED BY THE AMERICAN RESCUE PLAN ACT OF 2021 SHALL BE REQUIRED
 TO  POST  ON ITS WEBSITE AN UPDATED PLAN AS DESCRIBED IN SUBDIVISION ONE
 OF THIS SECTION. THIS UPDATED PLAN SHALL INCLUDE AN ANALYSIS  OF  PUBLIC
 COMMENTS,  GOALS  AND  RATIOS  FOR  PUPIL SUPPORT, DETAILED SUMMARIES OF
 INVESTMENTS IN CURRENT YEAR INITIATIVES,  AND  BALANCE  FUNDS  SPENT  IN
 PRIORITY  AREAS.  THE LOCAL EDUCATIONAL AGENCY SHALL SUBMIT SUCH PLAN TO
 THE STATE EDUCATION DEPARTMENT IN A FORM PRESCRIBED BY  THE  DEPARTMENT,
 AND THE DEPARTMENT SHALL POST ALL OF THE COLLECTED PLANS ON ITS WEBSITE.
   §  5-b.  Section  10-d  of  part  A of chapter 56 of the laws of 2021,
 relating to funding from the elementary and secondary  school  emergency
 relief  fund  allocated  by  the  American  rescue  plan act of 2021, is
 amended to read as follows:
   § 10-d. For the 2021-22, 2022-23 and 2023-24 school years, each school
 district receiving a foundation aid  increase  of  more  than:  (i)  ten
 percent;  or  (ii)  ten  million  dollars  in a school year shall, on or
 before July 1 of each school year, post to the district's website a plan
 by school year of how  such  funds  will  be  used  to  address  student
 performance and need, including but not limited to: (i) increasing grad-
 uation  rates  and  eliminating the achievement gap; (ii) reducing class
 sizes; (iii) providing supports for students who are not meeting, or  at
 risk  of  not meeting, state learning standards in core academic subject
 areas;  (iv)  addressing  student  social-emotional  health;  [and]  (v)
 providing adequate resources to English language learners, students with
 disabilities;  and  students  experiencing  homelessness; (VI) GOALS AND
 S. 8006--C                         12                         A. 9006--C
 
 RATIOS FOR PUPIL SUPPORT; AND (VII) DETAILED SUMMARIES OF INVESTMENTS IN
 CURRENT YEAR INITIATIVES AND BALANCE  FUNDS  SPENT  IN  PRIORITY  AREAS.
 Prior  to  posting  such  plan,  each  school district shall seek public
 comment from parents, teachers and other stakeholders on the plan [and],
 take  such  comments  into  account  in the development of the plan, AND
 INCLUDE AN ANALYSIS OF  THE  PUBLIC  COMMENTS  WITHIN  THE  PLAN.    THE
 DISTRICT  SHALL  SUBMIT SUCH PLAN TO THE STATE EDUCATION DEPARTMENT IN A
 FORM PRESCRIBED BY THE DEPARTMENT, AND THE DEPARTMENT SHALL POST ALL  OF
 THE COLLECTED PLANS ON ITS WEBSITE.
   §  6.  Section  3602  of  the education law is amended by adding a new
 subdivision 6-i to read as follows:
   6-I. BUILDING AID AND THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOP-
 MENT  AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE. 1. FOR AID
 PAYABLE IN THE SCHOOL YEARS TWO THOUSAND TWENTY-TWO--TWO THOUSAND  TWEN-
 TY-THREE  AND  THEREAFTER,  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE
 CONTRARY, THE APPORTIONMENT  TO  ANY  DISTRICT  UNDER  SUBDIVISION  SIX,
 SIX-A,  SIX-B, SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION FOR CAPITAL
 OUTLAYS FOR SCHOOL BUILDING PROJECTS FOR  ENERGY  EFFICIENCY  SHALL  NOT
 EXCLUDE GRANTS AUTHORIZED PURSUANT TO THE NEW YORK STATE ENERGY RESEARCH
 AND  DEVELOPMENT  AUTHORITY P-12 SCHOOLS: CLEAN GREEN SCHOOLS INITIATIVE
 FROM AIDABLE EXPENDITURES, PROVIDED THAT THE SUM OF  APPORTIONMENTS  FOR
 THESE  PROJECTS  CALCULATED  PURSUANT  TO SUBDIVISION SIX, SIX-A, SIX-B,
 SIX-C, SIX-E, SIX-F, OR SIX-H OF THIS SECTION AND SUCH GRANTS SHALL  NOT
 EXCEED THE ACTUAL PROJECT EXPENDITURES.
   2.  THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
 PROVIDE A LIST OF  ENERGY  EFFICIENCY  GRANTS  AWARDED  TO  EACH  SCHOOL
 DISTRICT TO THE COMMISSIONER NO LATER THAN ONE MONTH PRIOR TO THE END OF
 EACH  CALENDAR  YEAR  AND EACH SCHOOL YEAR.  THIS LIST SHALL INCLUDE THE
 CAPITAL CONSTRUCTION PROJECT OR PROJECTS FUNDED BY THE GRANTS, THE AWARD
 AMOUNTS OF EACH INDIVIDUAL PROJECT GRANT, THE  DISTRICT  RECEIVING  SUCH
 GRANTS,  THE  SCHOOLS RECEIVING SUCH GRANTS, THE DATE ON WHICH THE GRANT
 WAS RECEIVED, AND ANY OTHER INFORMATION NECESSARY FOR THE CALCULATION OF
 AID PURSUANT TO SUBDIVISION SIX, SIX-A, SIX-B, SIX-C, SIX-E,  SIX-F,  OR
 SIX-H OF THIS SECTION.
   § 7. Paragraph a of subdivision 4 of section 3204 of the education law
 is amended to read as follows:
   a.  A  full  time day school or class, except as otherwise prescribed,
 shall be in session for not less than one hundred [ninety]  EIGHTY  days
 each year, [inclusive] EXCLUSIVE of legal holidays that occur during the
 term of said school and exclusive of Saturdays.
   §  8.  Paragraph  s  of subdivision 1 of section 3602 of the education
 law, as amended by section 11 of part B of chapter 57  of  the  laws  of
 2007, is amended to read as follows:
   s.  "Extraordinary  needs  count" shall mean the sum of the product of
 the [limited English proficiency] ENGLISH LANGUAGE LEARNER count  multi-
 plied by fifty percent, plus, the poverty count and the sparsity count.
   §  9. Subdivision 6 of section 3602 of the education law is amended by
 adding a new paragraph k to read as follows:
   K. FINAL COST REPORT PENALTIES. (1)  ALL  ACTS  DONE  AND  PROCEEDINGS
 HERETOFORE  HAD  AND  TAKEN,  OR  CAUSED  TO BE HAD AND TAKEN, BY SCHOOL
 DISTRICTS AND BY ALL ITS OFFICERS OR AGENTS RELATING TO OR IN CONNECTION
 WITH FINAL BUILDING COST REPORTS REQUIRED TO BE FILED WITH  THE  COMMIS-
 SIONER  FOR  APPROVED  BUILDING  PROJECTS  FOR  WHICH  A  CERTIFICATE OF
 SUBSTANTIAL COMPLETION WAS ISSUED ON  OR  AFTER  APRIL  FIRST,  NINETEEN
 HUNDRED  NINETY-FIVE, AND WHERE A FINAL COST REPORT WAS NOT SUBMITTED BY
 JUNE THIRTIETH OF THE SCHOOL YEAR IN WHICH THE CERTIFICATE  OF  SUBSTAN-
 S. 8006--C                         13                         A. 9006--C
 
 TIAL  COMPLETION OF THE PROJECT WAS ISSUED BY THE ARCHITECT OR ENGINEER,
 OR SIX MONTHS AFTER ISSUANCE OF SUCH CERTIFICATE, WHICHEVER  WAS  LATER,
 AND  ALL  ACTS INCIDENTAL THERETO ARE HEREBY LEGALIZED, VALIDATED, RATI-
 FIED  AND  CONFIRMED,  NOTWITHSTANDING  ANY  FAILURE  TO COMPLY WITH THE
 APPROVAL AND FILING PROVISIONS OF THE EDUCATION LAW OR ANY OTHER LAW  OR
 ANY  OTHER  STATUTORY  AUTHORITY, RULE OR REGULATION, IN RELATION TO ANY
 OMISSION, ERROR, DEFECT, IRREGULARITY OR ILLEGALITY IN SUCH  PROCEEDINGS
 HAD AND TAKEN.
   (2) THE COMMISSIONER IS HEREBY DIRECTED TO CONSIDER THE APPROVED COSTS
 OF  THE  AFOREMENTIONED PROJECTS AS VALID AND PROPER OBLIGATIONS OF SUCH
 SCHOOL DISTRICTS AND SHALL NOT RECOVER ON OR AFTER JULY FIRST, TWO THOU-
 SAND THIRTEEN ANY PENALTY ARISING FROM THE LATE FILING OF A  FINAL  COST
 REPORT,  PROVIDED THAT ANY AMOUNTS ALREADY SO RECOVERED ON OR AFTER JULY
 FIRST, TWO THOUSAND THIRTEEN  SHALL BE DEEMED A PAYMENT  OF  MONEYS  DUE
 FOR  PRIOR  YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION FIVE OF SECTION
 THIRTY-SIX HUNDRED FOUR OF THIS PART AND SHALL BE PAID TO THE  APPROPRI-
 ATE DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
   (A)  SUCH SCHOOL DISTRICT SUBMITTED THE LATE OR MISSING FINAL BUILDING
 COST REPORT TO THE COMMISSIONER;
   (B) SUCH COST REPORT IS APPROVED BY THE COMMISSIONER;
   (C) ALL STATE FUNDS EXPENDED BY THE SCHOOL DISTRICT, AS DOCUMENTED  IN
 SUCH  COST  REPORT,  WERE PROPERLY EXPENDED FOR SUCH BUILDING PROJECT IN
 ACCORDANCE WITH THE TERMS AND CONDITIONS FOR SUCH PROJECT AS APPROVED BY
 THE COMMISSIONER; AND
   (D) THE FAILURE TO SUBMIT SUCH REPORT IN A TIMELY MANNER WAS AN  INAD-
 VERTENT  ADMINISTRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL DISTRICT,
 AND THERE IS NO EVIDENCE OF ANY FRAUDULENT OR OTHER IMPROPER  INTENT  BY
 SUCH DISTRICT.
   §  10. Section 3625 of education law is amended by adding a new subdi-
 vision 5 to read as follows:
   5. TRANSPORTATION CONTRACT PENALTIES. A. ALL ACTS DONE AND PROCEEDINGS
 HERETOFORE HAD AND TAKEN, OR CAUSED TO  BE  HAD  AND  TAKEN,  BY  SCHOOL
 DISTRICTS AND BY ALL ITS OFFICERS OR AGENTS RELATING TO OR IN CONNECTION
 WITH  A  TRANSPORTATION CONTRACT, TO BE FILED WITH THE DEPARTMENT, WHERE
 SUCH CONTRACT WAS NOT TIMELY EXECUTED AND/OR FILED  WITHIN  ONE  HUNDRED
 TWENTY  DAYS OF THE COMMENCEMENT OF SERVICE UNDER SUCH CONTRACT PURSUANT
 TO SUBDIVISION TWO OF THIS SECTION AND/OR WHERE  THE  ADVERTISEMENT  FOR
 BIDS  FOR SUCH CONTRACT DID NOT MEET THE REQUIREMENTS SET FORTH IN PARA-
 GRAPH A OF SUBDIVISION FOURTEEN OF SECTION THREE HUNDRED  FIVE  OF  THIS
 CHAPTER, AND ALL ACTS INCIDENTAL HERETO ARE HEREBY LEGALIZED, VALIDATED,
 RATIFIED  AND CONFIRMED, NOTWITHSTANDING ANY FAILURE TO COMPLY WITH SUCH
 FILING AND/OR ADVERTISING PROVISION OR  PROVISIONS,  PROVIDED  THAT  THE
 CONDITIONS  IN SUBPARAGRAPHS ONE, TWO, THREE, AND FOUR OF PARAGRAPH B OF
 THIS SUBDIVISION ARE MET.
   B. THE DEPARTMENT IS HEREBY DIRECTED TO  CONSIDER  THE  AFOREMENTIONED
 CONTRACTS  FOR  TRANSPORTATION  AID  AS VALID AND PROPER OBLIGATIONS AND
 SHALL NOT RECOVER FROM SUCH SCHOOL DISTRICTS ANY  PENALTY  ARISING  FROM
 THE FAILURE TO EXECUTE AND/OR FILE A TRANSPORTATION CONTRACT IN A TIMELY
 MANNER  AND/OR  MEET  SUCH ADVERTISEMENT REQUIREMENTS, PROVIDED THAT ANY
 AMOUNTS ALREADY SO RECOVERED SHALL BE DEEMED A PAYMENT OF MONEYS DUE FOR
 PRIOR YEARS PURSUANT TO PARAGRAPH C OF SUBDIVISION FIVE OF SECTION THIR-
 TY-SIX HUNDRED FOUR OF THIS ARTICLE AND SHALL  BE  PAID  TO  THE  SCHOOL
 DISTRICT PURSUANT TO SUCH PROVISION, PROVIDED THAT:
   (1)  SUCH  SCHOOL  DISTRICT SUBMITTED THE CONTRACT TO THE COMMISSIONER
 AND SUCH CONTRACT IS FOR SERVICES IN THE TWO THOUSAND TWELVE--TWO  THOU-
 SAND THIRTEEN SCHOOL YEAR OR THEREAFTER;
 S. 8006--C                         14                         A. 9006--C
 
   (2) SUCH CONTRACT IS APPROVED BY THE COMMISSIONER;
   (3)  ALL  STATE  FUNDS  EXPENDED  BY THE SCHOOL DISTRICT WERE PROPERLY
 EXPENDED FOR SUCH TRANSPORTATION AS APPROVED BY THE COMMISSIONER; AND
   (4) THE FAILURE TO EXECUTE OR FILE SUCH CONTRACT IN  A  TIMELY  MANNER
 AND/OR  MEET SUCH ADVERTISEMENT REQUIREMENTS WAS AN INADVERTENT ADMINIS-
 TRATIVE OR MINISTERIAL OVERSIGHT BY THE SCHOOL DISTRICT OR DUE TO EXTEN-
 UATING CIRCUMSTANCES, AND THERE IS NO  EVIDENCE  OF  ANY  FRAUDULENT  OR
 OTHER IMPROPER INTENT BY SUCH DISTRICT, AS DETERMINED BY THE COMMISSION-
 ER.
   §  11.  Subdivision 2 of section 3625 of the education law, as amended
 by chapter 474 of the laws of 1996, is amended to read as follows:
   2. Filing of transportation contracts. Every  transportation  contract
 shall be filed with the department within one hundred twenty days of the
 commencement  of service under such contract.  No transportation expense
 shall be allowed for a period greater than one hundred twenty days prior
 to the filing of any contract for the transportation of pupils with  the
 education  department.  No  contract shall be considered filed unless it
 bears an original signature, IN THE CASE OF A  WRITTEN  DOCUMENT,  OR  A
 CERTIFICATION, IN THE CASE OF AN APPROVED ELECTRONIC FORM, of the super-
 intendent of a school district or the designee of the superintendent and
 the  sole  trustee  or president of the board of education of the school
 district.  The final approval of any such contract by  the  commissioner
 shall  not,  however, obligate the state to allow transportation expense
 in an amount greater than the amount that would  be  allowed  under  the
 provisions  of  this part.   The state, acting through the department of
 audit and control, may examine any and all accounts of the contractor in
 connection with a contract for the transportation of pupils,  and  every
 such  contract  shall  contain  the following provision: "The contractor
 hereby consents to an audit of any and all financial records relating to
 this contract by the department of audit and control."
   § 11-a. Subdivision 1 of section 3625 of the education law, as amended
 by section 47 of part L of chapter 405 of the laws of 1999,  is  amended
 to read as follows:
   1. Form of transportation contracts. Every contract for transportation
 of school children shall be in writing OR IN AN ELECTRONIC FORM APPROVED
 BY  THE  COMMISSIONER  WHEN AVAILABLE, and before such contract is filed
 with the department as required by subdivision two of this section,  the
 same shall be submitted for approval to the superintendent of schools of
 said  district and such contract shall not be approved and filed by such
 superintendent unless he or she shall first investigate  the  same  with
 particular reference to the type of conveyance, the character and abili-
 ty  of  the  driver, the routes over which the conveyances shall travel,
 the time schedule, and such other matters as in  the  judgement  of  the
 superintendent are necessary for the comfort and protection of the chil-
 dren while being transported to and from school. Every such contract for
 transportation  of  children shall contain an agreement upon the part of
 the contractor that the vehicle shall come to a full stop before  cross-
 ing  the  track  or tracks of any railroad and before crossing any state
 highway.
   § 11-b. Subdivision 4 of section 3627 of the education law, as amended
 by section 14-f of part A of chapter 56 of the laws of 2020, is  amended
 to read as follows:
   4.  Notwithstanding  any  other  provision of law to the contrary, any
 expenditures for transportation provided pursuant to this section in the
 two thousand thirteen--two thousand fourteen school year and  thereafter
 and  otherwise  eligible  for transportation aid pursuant to subdivision
 S. 8006--C                         15                         A. 9006--C
 
 seven of section thirty-six hundred two of this article shall be consid-
 ered approved transportation expenses eligible for  transportation  aid,
 provided  further that for the two thousand thirteen--two thousand four-
 teen  school year such aid shall be limited to eight million one hundred
 thousand dollars and for the two thousand fourteen--two thousand fifteen
 school year such aid shall be limited to the sum of twelve  million  six
 hundred  thousand  dollars plus the base amount and for the two thousand
 fifteen--two thousand sixteen school year  through  two  thousand  eigh-
 teen--two thousand nineteen school year such aid shall be limited to the
 sum  of  eighteen  million eight hundred fifty thousand dollars plus the
 base amount[,] and for the two thousand  nineteen--two  thousand  twenty
 school  year  such  aid  shall be limited to the sum of nineteen million
 three hundred fifty thousand dollars plus the base amount[,] and for the
 two thousand twenty--two thousand twenty-one school year [and  thereaft-
 er]  such  aid  shall  be  limited  to the sum of nineteen million eight
 hundred fifty thousand dollars plus the base  amount  AND  FOR  THE  TWO
 THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFT-
 ER  SUCH  AID  SHALL  BE  LIMITED TO THE SUM OF TWENTY-TWO MILLION THREE
 HUNDRED FIFTY THOUSAND DOLLARS PLUS THE BASE  AMOUNT.  For  purposes  of
 this  subdivision,  "base amount" means the amount of transportation aid
 paid to the school district for expenditures incurred in the  two  thou-
 sand  twelve--two  thousand thirteen school year for transportation that
 would have been eligible for aid  pursuant  to  this  section  had  this
 section  been in effect in such school year, except that subdivision six
 of this section shall be deemed not to have been in effect. And provided
 further that the school district shall continue to annually  expend  for
 the transportation described in subdivision one of this section at least
 the expenditures used for the base amount.
   § 12. Intentionally omitted.
   § 13. Intentionally omitted.
   §  14. The closing paragraph of subdivision 5-a of section 3602 of the
 education law, as amended by section 12-b of part A of chapter 56 of the
 laws of 2021, is amended to read as follows:
   For the two thousand eight--two thousand nine school year, each school
 district shall be entitled to an apportionment equal to the  product  of
 fifteen  percent  and  the additional apportionment computed pursuant to
 this subdivision for the two thousand seven--two thousand  eight  school
 year.  For  the two thousand nine--two thousand ten through two thousand
 [twenty-one] TWENTY-TWO--two thousand [twenty-two]  TWENTY-THREE  school
 years,  each school district shall be entitled to an apportionment equal
 to the amount set forth for such school district  as  "SUPPLEMENTAL  PUB
 EXCESS  COST"  under  the heading "2008-09 BASE YEAR AIDS" in the school
 aid computer listing produced by the  commissioner  in  support  of  the
 budget for the two thousand nine--two thousand ten school year and enti-
 tled "SA0910".
   §  15. Subdivision 12 of section 3602 of the education law, as amended
 by section 13-a of part A of chapter 56 of the laws of 2021, is  amended
 to read as follows:
   12.  Academic  enhancement  aid. A. A school district that as of April
 first of the base year has been continuously identified as a district in
 need of improvement for at least five years shall, for the two  thousand
 eight--two  thousand  nine  school  year,  be  entitled to an additional
 apportionment equal to the positive remainder, if any, of (a) the lesser
 of fifteen million dollars or the product of the  total  foundation  aid
 base,  as  defined  by  paragraph  j of subdivision one of this section,
 multiplied by ten percent (0.10), less (b) the positive remainder of (i)
 S. 8006--C                         16                         A. 9006--C
 
 the sum of the total foundation aid apportioned pursuant to  subdivision
 four of this section and the supplemental educational improvement grants
 apportioned  pursuant to subdivision eight of section thirty-six hundred
 forty-one of this article, less (ii) the total foundation aid base.
   B.  For  the  two thousand nine--two thousand ten through two thousand
 fourteen--two thousand fifteen school years, each school district  shall
 be  entitled  to an apportionment equal to the amount set forth for such
 school district as "EDUCATION GRANTS, ACADEMIC  EN"  under  the  heading
 "2008-09  BASE YEAR AIDS" in the school aid computer listing produced by
 the commissioner in support of the budget for the two thousand nine--two
 thousand ten school year and entitled "SA0910", and  such  apportionment
 shall be deemed to satisfy the state obligation to provide an apportion-
 ment  pursuant to subdivision eight of section thirty-six hundred forty-
 one of this article.
   C. For the two  thousand  fifteen--two  thousand  sixteen  year,  each
 school  district  shall  be  entitled  to  an apportionment equal to the
 amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
 under  the  heading  "2014-15 ESTIMATED AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  fourteen--two  thousand  fifteen school year and entitled
 "SA141-5", and such apportionment shall be deemed to satisfy  the  state
 obligation  to provide an apportionment pursuant to subdivision eight of
 section thirty-six hundred forty-one of this article.
   D. For the two thousand sixteen--two thousand seventeen  school  year,
 each  school district shall be entitled to an apportionment equal to the
 amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
 under  the  heading  "2015-16 ESTIMATED AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  fifteen--two  thousand  sixteen  school year and entitled
 "SA151-6", and such apportionment shall be deemed to satisfy  the  state
 obligation  to provide an apportionment pursuant to subdivision eight of
 section thirty-six hundred forty-one of this article.
   E. For the two thousand seventeen--two thousand eighteen school  year,
 each  school district shall be entitled to an apportionment equal to the
 amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
 under  the  heading  "2016-17 ESTIMATED AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  sixteen--two  thousand seventeen school year and entitled
 "SA161-7", and such apportionment shall be deemed to satisfy  the  state
 obligation  to provide an apportionment pursuant to subdivision eight of
 section thirty-six hundred forty-one of this article.
   F. For the two thousand eighteen--two thousand nineteen  school  year,
 each  school district shall be entitled to an apportionment equal to the
 amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
 under  the  heading  "2017-18 ESTIMATED AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  seventeen--two thousand eighteen school year and entitled
 "SA171-8", and such apportionment shall be deemed to satisfy  the  state
 obligation  to provide an apportionment pursuant to subdivision eight of
 section thirty-six hundred forty-one of this article.
   G. For the two thousand nineteen--two  thousand  twenty  school  year,
 each  school district shall be entitled to an apportionment equal to the
 amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
 under  the  heading  "2018-19 ESTIMATED AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  eighteen--two  thousand nineteen school year and entitled
 S. 8006--C                         17                         A. 9006--C
 
 "SA181-9", and such apportionment shall be deemed to satisfy  the  state
 obligation  to provide an apportionment pursuant to subdivision eight of
 section thirty-six hundred forty-one of this article.
   H.  For  the two thousand twenty--two thousand twenty-one school year,
 each school district shall be entitled to an apportionment equal to  the
 amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
 under the heading "2019-20 ESTIMATED AIDS" in the  school  aid  computer
 listing  produced  by  the commissioner in support of the budget for the
 two thousand nineteen--two thousand  twenty  school  year  and  entitled
 "SA192-0",  and  such apportionment shall be deemed to satisfy the state
 obligation to provide an apportionment pursuant to subdivision eight  of
 section thirty-six hundred forty-one of this article.
   I.  For  the  two  thousand twenty-one--two thousand twenty-two school
 year AND THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND  TWENTY-THREE  SCHOOL
 YEAR,  each  school district shall be entitled to an apportionment equal
 to the amount set forth for such school district as  "ACADEMIC  ENHANCE-
 MENT"  under  the  heading  "2020-21  ESTIMATED  AIDS" in the school aid
 computer listing produced by the commissioner in support of  the  budget
 for  the  two  thousand  twenty--two thousand twenty-one school year and
 entitled "SA202-1", and such apportionment shall be  deemed  to  satisfy
 the state obligation to provide an apportionment pursuant to subdivision
 eight of section thirty-six hundred forty-one of this article.
   §  16.  The opening paragraph of subdivision 16 of section 3602 of the
 education law, as amended by section 14-a of part A of chapter 56 of the
 laws of 2021, is amended to read as follows:
   Each school district shall be eligible  to  receive  a  high  tax  aid
 apportionment  in the two thousand eight--two thousand nine school year,
 which shall equal the greater of (i) the sum of the tier 1 high tax  aid
 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
 tax  aid apportionment or (ii) the product of the apportionment received
 by the school district pursuant to this subdivision in the two  thousand
 seven--two  thousand  eight  school  year, multiplied by the due-minimum
 factor, which shall equal, for districts with an alternate pupil  wealth
 ratio  computed  pursuant  to  paragraph  b of subdivision three of this
 section that is less than two, seventy percent (0.70), and for all other
 districts, fifty percent (0.50). Each school district shall be  eligible
 to  receive  a  high tax aid apportionment in the two thousand nine--two
 thousand ten through two thousand twelve--two thousand  thirteen  school
 years in the amount set forth for such school district as "HIGH TAX AID"
 under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  nine--two thousand ten school year and entitled "SA0910".
 Each school district shall be eligible to receive a high tax aid  appor-
 tionment in the two thousand thirteen--two thousand fourteen through two
 thousand [twenty-one] TWENTY-TWO--two thousand [twenty-two] TWENTY-THREE
 school  years  equal to the greater of (1) the amount set forth for such
 school district as "HIGH TAX AID" under the heading "2008-09  BASE  YEAR
 AIDS" in the school aid computer listing produced by the commissioner in
 support of the budget for the two thousand nine--two thousand ten school
 year  and  entitled "SA0910" or (2) the amount set forth for such school
 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
 the school aid computer listing produced by the commissioner in  support
 of  the  executive  budget  for  the  2013-14  fiscal  year and entitled
 "BT131-4".
 S. 8006--C                         18                         A. 9006--C
 
   § 17. Subdivision 16 of section  3602-ee  of  the  education  law,  as
 amended  by  section  23 of part A of chapter 56 of the laws of 2021, is
 amended to read as follows:
   16.  The authority of the department to administer the universal full-
 day pre-kindergarten program shall expire June thirtieth,  two  thousand
 [twenty-two]  TWENTY-THREE; provided that the program shall continue and
 remain in full effect.
   § 17-a. Paragraph (c) of subdivision  8  of  section  3602-ee  of  the
 education  law,  as amended by section 31-a of part YYY of chapter 59 of
 the laws of 2017, subparagraph (ii) as amended by section 23-b of part A
 of chapter 56 of the laws of 2021, is amended to read as follows:
   (c) [(i)] for eligible agencies as defined in paragraph b of  subdivi-
 sion  one  of section thirty-six hundred two-e of this part that are not
 schools, a bachelor's degree in early childhood education [or a  related
 field  and a written plan to obtain a certification valid for service in
 the early childhood grades as  follows:].  PROVIDED  HOWEVER,  BEGINNING
 WITH THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR,
 A SCHOOL DISTRICT MAY ANNUALLY APPLY TO THE COMMISSIONER BY AUGUST FIRST
 OF  THE  CURRENT  SCHOOL  YEAR  FOR  A WAIVER THAT WOULD ALLOW PERSONNEL
 EMPLOYED BY AN ELIGIBLE AGENCY  THAT  IS  COLLABORATING  WITH  A  SCHOOL
 DISTRICT  TO  PROVIDE PREKINDERGARTEN SERVICES AND LICENSED BY AN AGENCY
 OTHER THAN THE DEPARTMENT, TO MEET THE STAFF  QUALIFICATIONS  PRESCRIBED
 BY  THE  LICENSING  OR  REGISTERING  AGENCY.   PROVIDED FURTHER THAT THE
 COMMISSIONER SHALL ANNUALLY SUBMIT A REPORT BY SEPTEMBER  FIRST  TO  THE
 CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRPERSON OF
 THE  SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: (A) A LISTING OF THE SCHOOL
 DISTRICTS RECEIVING A WAIVER PURSUANT TO THIS PARAGRAPH FROM THE COMMIS-
 SIONER FOR THE CURRENT SCHOOL YEAR; (B) THE  NUMBER  AND  PROPORTION  OF
 STUDENTS  WITHIN EACH DISTRICT RECEIVING A WAIVER PURSUANT TO THIS PARA-
 GRAPH FOR THE CURRENT SCHOOL YEAR THAT ARE  RECEIVING  INSTRUCTION  FROM
 PERSONNEL  EMPLOYED  BY  AN ELIGIBLE AGENCY THAT IS COLLABORATING WITH A
 SCHOOL DISTRICT TO PROVIDE PREKINDERGARTEN SERVICES AND LICENSED  BY  AN
 AGENCY  OTHER  THAN THE DEPARTMENT; AND (C) THE NUMBER AND PROPORTION OF
 TOTAL PREKINDERGARTEN  PERSONNEL  FOR  EACH  SCHOOL  DISTRICT  THAT  ARE
 PROVIDING  INSTRUCTIONAL  SERVICES  PURSUANT  TO THIS PARAGRAPH THAT ARE
 EMPLOYED BY AN ELIGIBLE AGENCY  THAT  IS  COLLABORATING  WITH  A  SCHOOL
 DISTRICT  TO  PROVIDE PREKINDERGARTEN SERVICES AND LICENSED BY AN AGENCY
 OTHER THAN THE DEPARTMENT, TO MEET THE STAFF  QUALIFICATIONS  PRESCRIBED
 BY THE LICENSING OR REGISTERING AGENCY.
   [(1) for teachers hired on or after the effective date of this section
 as  the  teacher  for  a  universal full-day pre-kindergarten classroom,
 within three years after  commencing  employment,  at  which  time  such
 certification shall be required for employment; and
   (2) for teachers hired by such provider prior to the effective date of
 this  section  for other early childhood care and education programs, no
 later than June thirtieth, two thousand seventeen, at  which  time  such
 certification shall be required for employment.
   (ii)  Provided  that, notwithstanding any provisions of this paragraph
 to the contrary, for the two thousand  seventeen-two  thousand  eighteen
 through  the  two  thousand  twenty-one--two  thousand twenty-two school
 years an exemption to the certification requirement of subparagraph  (i)
 of  this paragraph may be made for a teacher without certification valid
 for service in the early childhood grades who possesses a  written  plan
 to  obtain  certification and who has registered in the ASPIRE workforce
 registry as required under regulations of the commissioner of the office
 S. 8006--C                         19                         A. 9006--C
 of children and family services. Notwithstanding any exemption  provided
 by  this subparagraph, certification shall be required for employment no
 later than June thirtieth, two thousand twenty-two;  provided  that  for
 the two thousand twenty-one--two thousand twenty-two school year, school
 districts  with  teachers  seeking  an  exemption  to  the certification
 requirement of subparagraph (i) of this paragraph shall submit a  report
 to the commissioner regarding (A) the barriers to certification, if any,
 (B)  the  number  of uncertified teachers registered in the ASPIRE work-
 force registry teaching  pre-kindergarten  in  the  district,  including
 those  employed  by  a  community-based  organization, (C) the number of
 previously uncertified teachers  who  have  completed  certification  as
 required  by  this  subdivision,  and  (D)  the  expected  certification
 completion date of such teachers.]
   § 17-b. Paragraph d of subdivision 12 of section 3602-e of the  educa-
 tion  law,  as amended by section 19 of part B of chapter 57 of the laws
 of 2007, is amended to read as follows:
   d. transitional guidelines and rules which allow a program to meet the
 required staff qualifications  and  any  other  requirements  set  forth
 pursuant to this section and regulations adopted by the board of regents
 and  the  commissioner;  PROVIDED THAT SUCH GUIDELINES INCLUDE AN ANNUAL
 PROCESS BY WHICH A DISTRICT MAY APPLY  TO  THE  COMMISSIONER  BY  AUGUST
 FIRST OF THE CURRENT SCHOOL YEAR FOR A WAIVER THAT WOULD ALLOW PERSONNEL
 EMPLOYED  BY  AN  ELIGIBLE  AGENCY  THAT  IS COLLABORATING WITH A SCHOOL
 DISTRICT TO PROVIDE PREKINDERGARTEN SERVICES AND LICENSED BY  AN  AGENCY
 OTHER  THAN  THE DEPARTMENT, TO MEET THE STAFF QUALIFICATIONS PRESCRIBED
 BY THE LICENSING OR REGISTERING  AGENCY.  PROVIDED,  FURTHER,  THAT  THE
 COMMISSIONER  SHALL  ANNUALLY  SUBMIT A REPORT BY SEPTEMBER FIRST TO THE
 CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRPERSON OF
 THE SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET WHICH  SHALL
 INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: (A) A LISTING OF THE SCHOOL
 DISTRICTS RECEIVING A WAIVER PURSUANT TO THIS PARAGRAPH FROM THE COMMIS-
 SIONER  FOR  THE  CURRENT  SCHOOL YEAR; (B) THE NUMBER AND PROPORTION OF
 STUDENTS WITHIN EACH DISTRICT RECEIVING A WAIVER PURSUANT TO THIS  PARA-
 GRAPH  FOR  THE  CURRENT SCHOOL YEAR THAT ARE RECEIVING INSTRUCTION FROM
 PERSONNEL EMPLOYED BY AN ELIGIBLE AGENCY THAT IS  COLLABORATING  WITH  A
 SCHOOL  DISTRICT  TO PROVIDE PREKINDERGARTEN SERVICES AND LICENSED BY AN
 AGENCY OTHER THAN THE DEPARTMENT; AND (C) THE NUMBER AND  PROPORTION  OF
 TOTAL  PREKINDERGARTEN  PERSONNEL  FOR  EACH  SCHOOL  DISTRICT  THAT ARE
 PROVIDING INSTRUCTIONAL SERVICES PURSUANT TO  THIS  PARAGRAPH  THAT  ARE
 EMPLOYED  BY  AN  ELIGIBLE  AGENCY  THAT  IS COLLABORATING WITH A SCHOOL
 DISTRICT TO PROVIDE PREKINDERGARTEN SERVICES AND LICENSED BY  AN  AGENCY
 OTHER  THAN  THE DEPARTMENT, TO MEET THE STAFF QUALIFICATIONS PRESCRIBED
 BY THE LICENSING OR REGISTERING AGENCY.
   § 17-c. Subparagraph (viii) of the opening paragraph of subdivision 10
 of section 3602-e of the education law, as amended by  section  23-c  of
 part  A of chapter 56 of the laws of 2021, is amended and a new subpara-
 graph (ix) is added to read as follows:
   (viii) for the two thousand twenty-one--two thousand twenty-two school
 year [and thereafter], each school district shall be eligible to receive
 a grant amount equal to the sum of (A) the amount  set  forth  for  such
 school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput-
 er  file  produced  by the commissioner in support of the enacted budget
 for the prior year  excluding  amounts  subject  to  section  thirty-six
 hundred  two-ee of this part and further excluding amounts paid pursuant
 to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old
 Universal Prekindergarten Expansion added pursuant  to  paragraph  e  of
 S. 8006--C                         20                         A. 9006--C
 
 subdivision nineteen of this section, provided that such school district
 has  met all requirements pursuant to this section and such grants shall
 be added into a four-year-old grant amount  based  on  the  amount  each
 district was eligible to receive in the base year to serve four-year-old
 prekindergarten  pupils[,  plus  (C)  the  amount awarded to such school
 district, subject to an available appropriation, through the  prekinder-
 garten  expansion  grant  for  the prior year, provided that such school
 district has met all requirements  pursuant  to  this  section  and  for
 purposes  of calculating the maintenance of effort reduction in subdivi-
 sion eleven of this section that such grant  amounts  shall  be  divided
 into  a four-year-old grant amount based on the amount each district was
 eligible to receive in the base year to serve  four-year-old  prekinder-
 garten pupils and a three-year-old grant amount based on the amount each
 district  was  eligible to receive in the base year to serve three-year-
 old pupils], and provided further  that  the  maximum  grant  shall  not
 exceed  the  total  actual  grant  expenditures  incurred  by the school
 district in the current school year as approved by the  commissioner[.],
 AND
   (IX) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL
 YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A
 GRANT  AMOUNT  EQUAL  TO  THE  SUM  OF (A) THE AMOUNT SET FORTH FOR SUCH
 SCHOOL DISTRICT AS "UNIVERSAL PREKINDERGARTEN ALLOCATION" ON THE COMPUT-
 ER FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  ENACTED  BUDGET
 FOR  THE  PRIOR  YEAR  EXCLUDING  AMOUNTS  SUBJECT TO SECTION THIRTY-SIX
 HUNDRED TWO-EE OF THIS PART AND FURTHER EXCLUDING AMOUNTS PAID  PURSUANT
 TO SUBDIVISION NINETEEN OF THIS SECTION PLUS (B) THE FULL-DAY 4-YEAR-OLD
 UNIVERSAL  PREKINDERGARTEN  EXPANSION  ADDED  PURSUANT TO PARAGRAPH E OF
 SUBDIVISION NINETEEN OF THIS SECTION, PROVIDED THAT SUCH SCHOOL DISTRICT
 HAS MET ALL REQUIREMENTS PURSUANT TO THIS SECTION AND SUCH GRANTS  SHALL
 BE  ADDED  INTO  A  FOUR-YEAR-OLD  GRANT AMOUNT BASED ON THE AMOUNT EACH
 DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR TO SERVE FOUR-YEAR-OLD
 PREKINDERGARTEN PUPILS, PLUS (C) FUNDS ALLOCATED PURSUANT TO A UNIVERSAL
 PREKINDERGARTEN EXPANSION UNDER SUBDIVISION TWENTY OF THIS SECTION AS OF
 THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT
 OF  THE  ENACTED  BUDGET  FOR THE CURRENT YEAR, PROVIDED THAT SUCH GRANT
 AMOUNTS SHALL BE DIVIDED INTO A FOUR-YEAR-OLD GRANT AMOUNT BASED ON  THE
 AMOUNT  EACH  DISTRICT WAS ELIGIBLE TO RECEIVE IN THE BASE YEAR TO SERVE
 FOUR-YEAR-OLD PREKINDERGARTEN PUPILS, IF ANY, AND A THREE-YEAR-OLD GRANT
 AMOUNT BASED ON THE AMOUNT EACH DISTRICT WAS ELIGIBLE TO RECEIVE IN  THE
 BASE  YEAR  TO SERVE THREE-YEAR-OLD PUPILS, IF ANY, AND PROVIDED FURTHER
 THAT THE MAXIMUM GRANT SHALL NOT EXCEED THE TOTAL ACTUAL GRANT  EXPENDI-
 TURES  INCURRED  BY  THE  SCHOOL  DISTRICT IN THE CURRENT SCHOOL YEAR AS
 APPROVED BY THE COMMISSIONER.
   § 17-d. Subparagraph (ii) of paragraph b of subdivision 10 of  section
 3602-e  of  the  education  law, as amended by section 23-c of part A of
 chapter 56 of the laws of 2021, is amended to read as follows:
   (ii) (1)  "Eligible  Full-day  four-year-old  prekindergarten  pupils"
 shall equal:
   For  the two thousand seventeen--two thousand eighteen school year the
 sum of, from the priority  full-day  prekindergarten  program,  (A)  the
 maximum  aidable  pupils such district was eligible to serve in the base
 year plus (B) the maximum aidable  number  of  half-day  prekindergarten
 pupils converted into a full-day prekindergarten pupil in the base year;
   For  the  two thousand eighteen--two thousand nineteen school year the
 sum of, from the programs pursuant to  this  section,  (A)  the  maximum
 aidable  full-day  prekindergarten  pupils such district was eligible to
 S. 8006--C                         21                         A. 9006--C
 
 serve in the base year plus (B) the maximum aidable number  of  half-day
 prekindergarten pupils converted into full-day prekindergarten pupils in
 the base year;
   For the two thousand nineteen--two thousand twenty school year the sum
 of,  from  each  of  (A)  the programs pursuant to this section, (B) the
 federal preschool development expansion grant, (C) the expanded  prekin-
 dergarten  program,  (D) the expanded prekindergarten program for three-
 and four-year-olds, and (E) the prekindergarten expansion grant, (1) the
 maximum  aidable  full-day  four-year-old  prekindergarten  pupils  such
 district  was  eligible  to serve in the base year, plus (2) the maximum
 aidable  number  of  half-day   four-year-old   prekindergarten   pupils
 converted into full-day prekindergarten pupils in the base year;
   For  the  two thousand twenty--two thousand twenty-one school year the
 sum of, from each of (A) the programs pursuant to this section  and  (B)
 the  pre-kindergarten  expansion grant, (1) the maximum aidable full-day
 four-year-old prekindergarten pupils such district was eligible to serve
 in the base year, plus (2) the maximum aidable number of half-day  four-
 year-old  prekindergarten pupils converted into full-day prekindergarten
 pupils in the base year;
   For the two thousand twenty-one--two thousand twenty-two  school  year
 [and  thereafter], the sum of, from the programs pursuant to this subdi-
 vision, (1) the maximum aidable full-day  four-year-old  prekindergarten
 pupils  such  district  was eligible to serve in the base year, plus (2)
 the maximum aidable number  of  half-day  four-year-old  prekindergarten
 pupils  converted into full-day prekindergarten pupils in the base year,
 plus (3) expansion slots added pursuant to paragraph  e  of  subdivision
 nineteen of this section.
   FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR
 AND  THEREAFTER, THE SUM OF, FROM THE PROGRAMS PURSUANT TO THIS SUBDIVI-
 SION, (1) THE MAXIMUM  AIDABLE  FULL-DAY  FOUR-YEAR-OLD  PREKINDERGARTEN
 PUPILS  SUCH  DISTRICT  WAS ELIGIBLE TO SERVE IN THE BASE YEAR, PLUS (2)
 THE MAXIMUM AIDABLE NUMBER  OF  HALF-DAY  FOUR-YEAR-OLD  PREKINDERGARTEN
 PUPILS  CONVERTED INTO FULL-DAY PREKINDERGARTEN PUPILS IN THE BASE YEAR,
 PLUS (3) EXPANSION SLOTS CALCULATED PURSUANT TO  SUBDIVISION  TWENTY  OF
 THIS SECTION.
   § 17-e. Section 3602-e of the education law is amended by adding a new
 subdivision 20 to read as follows:
   20. UNIVERSAL PREKINDERGARTEN EXPANSIONS.
    A. TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR.
   (I) THE UNIVERSAL PREKINDERGARTEN EXPANSION FOR THE TWO THOUSAND TWEN-
 TY-TWO--TWO  THOUSAND  TWENTY-THREE  SCHOOL YEAR SHALL BE EQUAL TO TWICE
 THE PRODUCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2)  SELECTED  AID  PER
 PREKINDERGARTEN  PUPIL  CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARA-
 GRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE TWO THOUSAND  TWENTY-
 TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR.
   (II)  FOR PURPOSES OF THIS PARAGRAPH, "EXPANSION SLOTS" SHALL BE SLOTS
 FOR NEW FULL-DAY FOUR-YEAR-OLD PREKINDERGARTEN PUPILS  FOR  PURPOSES  OF
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION 10 OF THIS SECTION.
 EXPANSION SLOTS SHALL BE EQUAL TO THE POSITIVE DIFFERENCE,  IF  ANY,  OF
 (1)  THE  PRODUCT  OF  FIFTY-NINE  HUNDRED  AND NINETEEN TEN THOUSANDTHS
 (0.5919) MULTIPLIED BY UNSERVED FOUR-YEAR-OLD PREKINDERGARTEN PUPILS  AS
 DEFINED  IN  SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS
 SECTION LESS (2) THE ELIGIBLE FOUR-YEAR OLD STUDENTS. IF SUCH  EXPANSION
 SLOTS  ARE GREATER THAN OR EQUAL TO TEN BUT LESS THAN TWENTY, THE EXPAN-
 SION SLOTS SHALL BE TWENTY; IF SUCH EXPANSION SLOTS ARE LESS  THAN  TEN,
 THE  EXPANSION  SLOTS SHALL BE ZERO; AND FOR A CITY SCHOOL DISTRICT IN A
 S. 8006--C                         22                         A. 9006--C
 
 CITY HAVING A POPULATION OF ONE MILLION OR  MORE,  THE  EXPANSION  SLOTS
 SHALL BE ZERO.
   (III)   FOR  PURPOSES  OF  THIS  PARAGRAPH,  "ELIGIBLE  FOUR-YEAR  OLD
 STUDENTS" SHALL BE EQUAL TO THE SUM OF (1) ELIGIBLE FULL-DAY  FOUR-YEAR-
 OLD  PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH
 B OF SUBDIVISION TEN OF THIS SECTION FOR THE  BASE  YEAR  PLUS  (2)  THE
 PRODUCT  OF  FIVE  TENTHS  (0.5) AND THE ELIGIBLE HALF-DAY FOUR-YEAR-OLD
 PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH B OF
 SUBDIVISION TEN OF THIS SECTION FOR THE BASE YEAR, PLUS (3) THE  MAXIMUM
 NUMBER  OF STUDENTS THAT MAY BE SERVED BY UNCERTIFIED CLASSROOM TEACHERS
 IN FULL-DAY  PREKINDERGARTEN  PROGRAMS  FUNDED  BY  GRANTS  PURSUANT  TO
 SECTION  THIRTY-SIX  HUNDRED  TWO-EE OF THIS PART IN THE BASE YEAR, PLUS
 (4) EXPANSION SLOTS FOR THE BASE YEAR PURSUANT TO  SUBDIVISION  NINETEEN
 OF THIS SECTION.
   § 18. Intentionally omitted.
   § 19. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  26 of part A of chapter 56 of the laws of 2021, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the  two  thousand  [twenty-one] TWENTY-TWO--two thousand
 [twenty-two] TWENTY-THREE school year, "moneys apportioned"  shall  mean
 the  lesser  of  (i)  the  sum  of one hundred percent of the respective
 amount set forth for each school district as payable  pursuant  to  this
 section in the school aid computer listing for the current year produced
 by  the  commissioner in support of the budget which includes the appro-
 priation for the general support for public schools for  the  prescribed
 payments  and  individualized  payments due prior to April first for the
 current year plus the apportionment payable during  the  current  school
 year  pursuant  to  subdivision six-a and subdivision fifteen of section
 thirty-six hundred two of this part minus any reductions to current year
 aids pursuant to subdivision seven of section thirty-six hundred four of
 this part or any deduction from apportionment payable pursuant  to  this
 chapter  for  collection  of  a  school  district  basic contribution as
 defined in subdivision eight of section forty-four hundred one  of  this
 chapter,  less  any  grants  provided  pursuant to subparagraph two-a of
 paragraph b of subdivision four of section  ninety-two-c  of  the  state
 finance  law,  less  any grants provided pursuant to subdivision five of
 section ninety-seven-nnnn of the state  finance  law,  less  any  grants
 provided  pursuant  to  subdivision twelve of section thirty-six hundred
 forty-one of this article, or (ii) the apportionment calculated  by  the
 commissioner based on data on file at the time the payment is processed;
 provided however, that for the purposes of any payments made pursuant to
 this  section  prior  to  the  first business day of June of the current
 year, moneys apportioned shall not include any aids payable pursuant  to
 subdivisions  six  and  fourteen,  if  applicable, of section thirty-six
 hundred two of this part as current year aid for debt  service  on  bond
 anticipation  notes and/or bonds first issued in the current year or any
 aids payable for full-day kindergarten for the current year pursuant  to
 subdivision  nine  of  section  thirty-six hundred two of this part. The
 definitions of "base year" and "current year" as set forth  in  subdivi-
 sion  one  of section thirty-six hundred two of this part shall apply to
 this section. For aid payable in the two thousand  [twenty-one]  TWENTY-
 TWO--two  thousand  [twenty-two]  TWENTY-THREE school year, reference to
 such "school aid computer listing for the current year" shall  mean  the
 printouts entitled ["SA212-2"] "SA222-3".
 S. 8006--C                         23                         A. 9006--C
 
   §  19-a. Paragraph k of subdivision 4 of section 4405 of the education
 law, as added by section 37-f of part A of chapter 56  of  the  laws  of
 2021, is amended to read as follows:
   k.  (I)  The tuition methodology established pursuant to this subdivi-
 sion for the two thousand  twenty-one--two  thousand  twenty-two  school
 year [and annually thereafter] shall authorize approved private residen-
 tial or non-residential schools for the education of students with disa-
 bilities  that  are  located  within  the  state, and special act school
 districts to retain funds in excess of their allowable and  reimbursable
 costs   incurred  for  services  and  programs  provided  to  school-age
 students. The amount of funds that may be annually  retained  shall  not
 exceed  one percent of the school's or school district's total allowable
 and reimbursable costs for services and programs provided to  school-age
 students  for  the  school year from which the funds are to be retained;
 provided that the total accumulated balance that may be  retained  shall
 not  exceed  four  percent of such total costs for such school year; and
 provided further that such funds shall not be recoverable  on  reconcil-
 iation  of  tuition rates, and shall be separate from and in addition to
 any other authorization to retain surplus funds on reconciliation.
   (II) THE TUITION METHODOLOGY ESTABLISHED PURSUANT TO THIS  SUBDIVISION
 FOR  THE  TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR
 AND ANNUALLY THEREAFTER SHALL AUTHORIZE  APPROVED  PROVIDERS  TO  RETAIN
 FUNDS  IN  EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE COSTS INCURRED FOR
 SERVICES AND PROGRAMS PROVIDED TO SCHOOL-AGE AND PRESCHOOL STUDENTS. THE
 AMOUNT OF FUNDS THAT MAY BE  ANNUALLY  RETAINED  SHALL  NOT  EXCEED  THE
 ALLOWABLE  SURPLUS PERCENTAGE OF THE APPROVED PROVIDER'S TOTAL ALLOWABLE
 AND REIMBURSABLE COSTS FOR SERVICES AND PROGRAMS PROVIDED TO  SCHOOL-AGE
 AND PRESCHOOL STUDENTS FOR THE SCHOOL YEAR FROM WHICH THE FUNDS  ARE  TO
 BE  RETAINED,  AS  DEFINED  IN  SUBPARAGRAPH  (III)  OF  THIS PARAGRAPH;
 PROVIDED THAT SUCH FUNDS SHALL NOT BE RECOVERABLE ON  RECONCILIATION  OF
 TUITION  RATES.  FOR PURPOSES OF THIS SUBPARAGRAPH, "APPROVED PROVIDERS"
 SHALL MEAN PRIVATE RESIDENTIAL OR NON-RESIDENTIAL SCHOOLS FOR THE EDUCA-
 TION OF STUDENTS WITH DISABILITIES THAT ARE LOCATED  WITHIN  THE  STATE,
 SPECIAL  ACT SCHOOL DISTRICTS, AND PROGRAMS APPROVED PURSUANT TO SECTION
 FORTY-FOUR HUNDRED TEN OF THIS ARTICLE THAT ARE SUBJECT TO TUITION  RATE
 RECONCILIATION.
   (III)  THE  APPROVED  SURPLUS  PERCENTAGE  SHALL BE AS FOLLOWS: ELEVEN
 PERCENT FOR  THE  TWO  THOUSAND  TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE
 THROUGH TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS,
 EIGHT  PERCENT FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX
 SCHOOL YEAR, FIVE PERCENT FOR THE TWO THOUSAND TWENTY-SIX--TWO  THOUSAND
 TWENTY-SEVEN  SCHOOL  YEAR, AND TWO PERCENT FOR THE TWO THOUSAND TWENTY-
 SEVEN--TWO THOUSAND TWENTY-EIGHT SCHOOL YEAR AND ANNUALLY THEREAFTER.
   (IV) Funds AUTHORIZED TO BE  RETAINED  UNDER  THIS  PARAGRAPH  may  be
 expended only pursuant to an authorization of the governing board of the
 school  [or],  school  district  OR PROGRAM APPROVED PURSUANT TO SECTION
 FORTY-FOUR HUNDRED TEN OF THIS ARTICLE, for a purpose expressly  author-
 ized  as  part of the approved tuition methodology for the year in which
 the funds are to be expended, provided that funds may be expended to pay
 prior year outstanding debts.  Any  school  [or],  school  district,  OR
 PROGRAM  APPROVED  PURSUANT  TO  SECTION  FORTY-FOUR HUNDRED TEN OF THIS
 ARTICLE that retains funds pursuant to this paragraph shall be  required
 to annually report a statement of the total balance of any such retained
 funds,  the  amount,  if  any,  retained  in  the prior school year, the
 amount, if any, dispersed in the prior school year, and  any  additional
 S. 8006--C                         24                         A. 9006--C
 
 information requested by the department as part of the financial reports
 that are required to be annually submitted to the department.
   §  20.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
 relating to funding a program for work force education conducted by  the
 consortium  for worker education in New York city, as amended by section
 39 of part A of chapter 56 of the laws of 2021, is amended  to  read  as
 follows:
   b.  Reimbursement for programs approved in accordance with subdivision
 a of this section for the reimbursement for the 2018--2019  school  year
 shall not exceed 59.4 percent of the lesser of such approvable costs per
 contact hour or fourteen dollars and ninety-five cents per contact hour,
 reimbursement  for  the  2019--2020  school  year  shall not exceed 57.7
 percent of the lesser of such  approvable  costs  per  contact  hour  or
 fifteen  dollars  sixty  cents  per  contact hour, reimbursement for the
 2020--2021 school year shall not exceed 56.9 percent of  the  lesser  of
 such  approvable  costs  per contact hour or sixteen dollars and twenty-
 five cents per contact hour,  [and]  reimbursement  for  the  2021--2022
 school year shall not exceed 56.0 percent of the lesser of such approva-
 ble  costs  per  contact  hour  or  sixteen  dollars and forty cents per
 contact hour, AND REIMBURSEMENT FOR THE 2022--2023 SCHOOL YEAR SHALL NOT
 EXCEED 55.7 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS  PER  CONTACT
 HOUR  OR  SIXTEEN  DOLLARS AND SIXTY CENTS PER CONTACT HOUR, and where a
 contact hour represents sixty minutes of instruction  services  provided
 to an eligible adult.  Notwithstanding any other provision of law to the
 contrary,  for  the  2018--2019 school year such contact hours shall not
 exceed one  million  four  hundred  sixty-three  thousand  nine  hundred
 sixty-three  (1,463,963);  for  the  2019--2020 school year such contact
 hours shall not exceed one million four hundred forty-four thousand four
 hundred forty-four (1,444,444); for  the  2020--2021  school  year  such
 contact  hours  shall  not  exceed one million four hundred six thousand
 nine hundred twenty-six (1,406,926); [and]  for  the  2021--2022  school
 year  such  contact  hours  shall  not  exceed  one million four hundred
 sixteen  thousand  one  hundred  twenty-two  (1,416,122);  AND  FOR  THE
 2022--2023  SCHOOL  YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
 FOUR HUNDRED SIX THOUSAND NINE HUNDRED TWENTY-SIX (1,406,926).  Notwith-
 standing  any  other provision of law to the contrary, the apportionment
 calculated for the city school district of the city of New York pursuant
 to subdivision 11 of section 3602 of the education law shall be computed
 as if such contact hours provided by the consortium  for  worker  educa-
 tion,  not  to  exceed the contact hours set forth herein, were eligible
 for aid in accordance with the provisions  of  such  subdivision  11  of
 section 3602 of the education law.
   §  21. Section 4 of chapter 756 of the laws of 1992, relating to fund-
 ing a program for work force education conducted by the  consortium  for
 worker  education  in New York city, is amended by adding a new subdivi-
 sion aa to read as follows:
   AA. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION  OF PAYMENTS FOR THE 2022-23 SCHOOL YEAR. NOTWITHSTANDING ANY
 INCONSISTENT PROVISIONS OF LAW,  THE  COMMISSIONER  OF  EDUCATION  SHALL
 WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
 AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
   §  22. Section 6 of chapter 756 of the laws of 1992, relating to fund-
 ing a program for work force education conducted by the  consortium  for
 S. 8006--C                         25                         A. 9006--C
 
 worker education in New York city, as amended by section 41 of part A of
 chapter 56 of the laws of 2021, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed on June 30, [2022] 2023.
   § 22-a. Paragraph a-1 of subdivision 11 of section 3602 of the  educa-
 tion law, as amended by section 41-a of part A of chapter 56 of the laws
 of 2021, is amended to read as follows:
   a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
 sion, for aid payable in the school years two thousand--two thousand one
 through two thousand nine--two thousand ten, and two  thousand  eleven--
 two  thousand  twelve  through two thousand [twenty-one] TWENTY-TWO--two
 thousand [twenty-two] TWENTY-THREE, the commissioner may  set  aside  an
 amount  not to exceed two million five hundred thousand dollars from the
 funds appropriated for purposes of this subdivision for the  purpose  of
 serving  persons  twenty-one  years  of  age  or older who have not been
 enrolled in any school for the preceding school year, including  persons
 who  have  received  a  high  school  diploma or high school equivalency
 diploma but  fail  to  demonstrate  basic  educational  competencies  as
 defined  in  regulation  by  the commissioner, when measured by accepted
 standardized tests, and who shall be eligible to attend employment prep-
 aration education programs operated pursuant to this subdivision.
   § 22-b. Section 5 of chapter 537 of the  laws  of  1976,  relating  to
 paid,  free  and  reduced price breakfast for eligible pupils in certain
 school districts, as added by section 2 of part B of chapter 56  of  the
 laws of 2018, is amended to read as follows:
   §  5.  a.  Notwithstanding  any  monetary  limitations with respect to
 school lunch programs contained in any law  or  regulation,  for  school
 lunch  meals served in the school year commencing July 1, 2019 and [each
 July 1 thereafter] ENDING JUNE 30, 2022, a school food  authority  shall
 be  eligible  for a lunch meal State subsidy of twenty-five cents, which
 shall include any annual State subsidy  received  by  such  school  food
 authority  under  any other provision of State law, for any school lunch
 meal served by such school food authority; provided that the school food
 authority certifies to the State Education Department through the appli-
 cation submitted pursuant to subdivision [b] C of this section that such
 food authority has purchased at least thirty percent of its  total  cost
 of  food  products  for  its  school lunch service program from New York
 state farmers, growers, producers or processors in the preceding  school
 year.
   b.  NOTWITHSTANDING  ANY  MONETARY  LIMITATIONS WITH RESPECT TO SCHOOL
 LUNCH PROGRAMS CONTAINED IN ANY LAW  OR  REGULATION,  FOR  SCHOOL  LUNCH
 MEALS  SERVED IN THE SCHOOL YEAR COMMENCING JULY 1, 2022 AND EACH JULY 1
 THEREAFTER, A SCHOOL FOOD AUTHORITY SHALL BE ELIGIBLE FOR A  LUNCH  MEAL
 STATE SUBSIDY OF TWENTY-FIVE CENTS, WHICH SHALL INCLUDE ANY ANNUAL STATE
 SUBSIDY RECEIVED BY SUCH SCHOOL FOOD AUTHORITY UNDER ANY OTHER PROVISION
 OF  STATE  LAW,  FOR  ANY  SCHOOL  LUNCH MEAL SERVED BY SUCH SCHOOL FOOD
 AUTHORITY; PROVIDED THAT THE SCHOOL  FOOD  AUTHORITY  CERTIFIES  TO  THE
 DEPARTMENT  OF AGRICULTURE AND MARKETS THROUGH THE APPLICATION SUBMITTED
 PURSUANT TO SUBDIVISION C OF THIS SECTION THAT SUCH FOOD  AUTHORITY  HAS
 PURCHASED AT LEAST THIRTY PERCENT OF ITS TOTAL COST OF FOOD PRODUCTS FOR
 ITS  SCHOOL  LUNCH SERVICE PROGRAM FROM NEW YORK STATE FARMERS, GROWERS,
 PRODUCERS OR PROCESSORS IN THE PRECEDING SCHOOL YEAR.
   C. The [State Education Department, in cooperation with  the]  Depart-
 ment  of Agriculture and Markets IN COOPERATION WITH THE STATE EDUCATION
 DEPARTMENT, shall develop an application for school food authorities  to
 seek  an additional State subsidy pursuant to this section in a timeline
 S. 8006--C                         26                         A. 9006--C
 
 and format prescribed by the commissioner of [education] AGRICULTURE AND
 MARKETS. Such application shall include, but not be limited to, documen-
 tation demonstrating the school food authority's  total  food  purchases
 for  its  school  lunch service program, and documentation demonstrating
 its total food purchases and percentages for such program from New  York
 State  farmers, growers, producers or processors in the preceding school
 year. The application shall also include an attestation from the  school
 food  authority's  chief  operating  officer  that it purchased at least
 thirty percent of its total cost of food products for its  school  lunch
 service  program  from  New  York  State  farmers, growers, producers or
 processors in the preceding school year in order to  meet  the  require-
 ments  for  this additional State subsidy. School food authorities shall
 be required to annually apply for this subsidy. AFTER  REVIEWING  SCHOOL
 FOOD AUTHORITIES' COMPLETED APPLICATIONS FOR AN ADDITIONAL STATE SUBSIDY
 PURSUANT  TO  THIS  SECTION,  THE  DEPARTMENT OF AGRICULTURE AND MARKETS
 SHALL CERTIFY TO THE STATE EDUCATION DEPARTMENT THE SCHOOL FOOD AUTHORI-
 TIES APPROVED FOR SUCH ADDITIONAL STATE SUBSIDY AND THE STATE  EDUCATION
 DEPARTMENT  SHALL  PAY SUCH ADDITIONAL STATE SUBSIDY TO SUCH SCHOOL FOOD
 AUTHORITIES.
   [c.] D. The [State Education] Department OF  AGRICULTURE  AND  MARKETS
 shall  annually publish information on its website commencing on Septem-
 ber 1, [2019] 2022 and each September 1  thereafter,  relating  to  each
 school  food  authority  that  applied  for and received this additional
 State subsidy, including but not limited to: the school  food  authority
 name,  student enrollment, average daily lunch participation, total food
 costs for its school lunch service program, total cost of food  products
 for its school lunch service program purchased from New York State farm-
 ers,  growers,  producers  or  processors, and the percent of total food
 costs that were purchased from New York State farmers, growers,  produc-
 ers or processors for its school lunch service program.
   § 23. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating  to certain provisions related to the 1994-95 state operations,
 aid to localities, capital projects and debt service budgets, as amended
 by section 33 of part A of chapter 56 of the laws of 2020, is amended to
 read as follows:
   1. Sections one through seventy of this act shall be  deemed  to  have
 been  in  full  force  and effect as of April 1, 1994 provided, however,
 that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
 through seventy of this act shall expire and be deemed repealed on March
 31, 2000; provided, however, that section twenty of this act shall apply
 only  to  hearings  commenced  prior  to September 1, 1994, and provided
 further that section twenty-six of this act shall expire and  be  deemed
 repealed  on  March  31,  1997;  and provided further that sections four
 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
 twenty-one-a of this act shall expire and be deemed  repealed  on  March
 31,  1997; and provided further that sections three, fifteen, seventeen,
 twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
 deemed repealed on March 31, [2022] 2024.
   §  24.  Section  12  of  chapter 147 of the laws of 2001, amending the
 education law relating to conditional appointment  of  school  district,
 charter school or BOCES employees, as amended by section 42 of part A of
 chapter 56 of the laws of 2021, is amended to read as follows:
   §  12.  This  act shall take effect on the same date as chapter 180 of
 the laws of 2000 takes effect, and shall expire July 1, [2022] 2023 when
 upon such date the provisions of this act shall be deemed repealed.
 S. 8006--C                         27                         A. 9006--C
 
   § 25. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
 education  law  relating  to  the  provision of supplemental educational
 services, attendance at a safe  public  school  and  the  suspension  of
 pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
 amended  by  section  43 of part A of chapter 56 of the laws of 2021, is
 amended to read as follows:
   § 4. This act shall take effect July 1, 2002 and section one  of  this
 act shall expire and be deemed repealed June 30, 2019[, and sections two
 and  three  of  this act shall expire and be deemed repealed on June 30,
 2022].
   § 26. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
 education law relating to the implementation of the No Child Left Behind
 Act  of  2001,  as  amended by section 44 of part A of chapter 56 of the
 laws of 2021, is amended to read as follows:
   § 5. This act shall take effect immediately[; provided  that  sections
 one,  two  and  three of this act shall expire and be deemed repealed on
 June 30, 2022].
   § 27. Section 2 of chapter 552 of  the  laws  of  1995,  amending  the
 education  law  relating  to  contracts for the transportation of school
 children, as amended by section 45 of part YYY of chapter 59 of the laws
 of 2019, is amended to read as follows:
   § 2. This act shall take effect on  the  first  day  of  January  next
 succeeding the date on which it shall have become a law and shall remain
 in  full  force  and effect until January 1, [2023] 2028, when upon such
 date the provisions of this act shall be deemed repealed.
   § 28. School bus driver training. In addition to apportionments other-
 wise provided by section 3602 of the education law, for aid  payable  in
 the  2022-2023  through the 2026-2027 school years, subject to available
 appropriation, the commissioner of education shall allocate  school  bus
 driver  training  grants  to  school districts and boards of cooperative
 educational services pursuant to sections 3650-a, 3650-b and  3650-c  of
 the  education law, or for contracts directly with not-for-profit educa-
 tional organizations for the purposes of  this  section.  Such  payments
 shall  not  exceed  four  hundred thousand dollars ($400,000) per school
 year.
   § 29. Special apportionment for salary  expenses.  a.  Notwithstanding
 any  other  provision  of  law,  upon application to the commissioner of
 education, not sooner than the first day of  the  second  full  business
 week  of  June  2023  and  not later than the last day of the third full
 business week of June 2023, a school district eligible for an apportion-
 ment pursuant to section 3602 of the education law shall be eligible  to
 receive  an  apportionment pursuant to this section, for the school year
 ending June 30, 2023, for salary expenses incurred between April  1  and
 June 30, 2022 and such apportionment shall not exceed the sum of (i) the
 deficit  reduction assessment of 1990--1991 as determined by the commis-
 sioner of education, pursuant to paragraph f of subdivision 1 of section
 3602 of the education law, as in effect through June 30, 1993, plus (ii)
 186 percent of such amount for a city school district in a city  with  a
 population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
 such  amount  for  a city school district in a city with a population of
 more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
 ing  to  the  latest  federal  census, plus (iv) the net gap elimination
 adjustment for 2010--2011, as determined by the commissioner  of  educa-
 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
 nation  adjustment  for  2011--2012 as determined by the commissioner of
 education pursuant to subdivision 17 of section 3602  of  the  education
 S. 8006--C                         28                         A. 9006--C
 law,  and provided further that such apportionment shall not exceed such
 salary expenses. Such application shall be made by  a  school  district,
 after the board of education or trustees have adopted a resolution to do
 so and in the case of a city school district in a city with a population
 in excess of 125,000 inhabitants, with the approval of the mayor of such
 city.
   b.  The  claim  for  an  apportionment to be paid to a school district
 pursuant to subdivision a of this section  shall  be  submitted  to  the
 commissioner  of  education  on  a form prescribed for such purpose, and
 shall be payable upon determination by such commissioner that  the  form
 has been submitted as prescribed. Such approved amounts shall be payable
 on  the  same  day in September of the school year following the year in
 which application was made as funds provided pursuant to subparagraph  4
 of  paragraph  b  of  subdivision 4 of section 92-c of the state finance
 law, on the audit and warrant  of  the  state  comptroller  on  vouchers
 certified  or  approved  by  the commissioner of education in the manner
 prescribed by law from moneys in the state lottery  fund  and  from  the
 general  fund  to  the  extent that the amount paid to a school district
 pursuant to this section exceeds the amount, if  any,  due  such  school
 district  pursuant  to subparagraph 2 of paragraph a of subdivision 1 of
 section 3609-a of the education law in the  school  year  following  the
 year in which application was made.
   c.  Notwithstanding  the provisions of section 3609-a of the education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions a and b of this section shall first be  deducted  from  the
 following  payments  due  the  school  district  during  the school year
 following the year in which application was made  pursuant  to  subpara-
 graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
 3609-a of the education law in the following order: the  lottery  appor-
 tionment  payable  pursuant to subparagraph 2 of such paragraph followed
 by the fixed fall payments payable pursuant to subparagraph  4  of  such
 paragraph  and then followed by the district's payments to the teachers'
 retirement system pursuant to subparagraph 1 of such paragraph, and  any
 remainder  to  be  deducted  from  the  individualized  payments due the
 district pursuant to paragraph b of such subdivision shall  be  deducted
 on  a  chronological  basis  starting  with the earliest payment due the
 district.
   § 30. Special apportionment for public pension accruals. a.   Notwith-
 standing any other provision of law, upon application to the commission-
 er  of education, not later than June 30, 2023, a school district eligi-
 ble for an apportionment pursuant to section 3602 of the  education  law
 shall  be eligible to receive an apportionment pursuant to this section,
 for the school year ending June 30, 2023 and  such  apportionment  shall
 not  exceed  the  additional  accruals  required  to  be  made by school
 districts in the 2004--2005 and 2005--2006 school years associated  with
 changes  for  such  public pension liabilities. The amount of such addi-
 tional accrual shall be certified to the commissioner  of  education  by
 the  president of the board of education or the trustees or, in the case
 of a city school district in a city  with  a  population  in  excess  of
 125,000  inhabitants,  the mayor of such city. Such application shall be
 made by a school district, after the board of education or trustees have
 adopted a resolution to do so and in the case of a city school  district
 in  a  city with a population in excess of 125,000 inhabitants, with the
 approval of the mayor of such city.
   b. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  a  of  this section shall be submitted to the
 S. 8006--C                         29                         A. 9006--C
 
 commissioner of education on a form prescribed  for  such  purpose,  and
 shall  be  payable upon determination by such commissioner that the form
 has been submitted as prescribed. Such approved amounts shall be payable
 on  the  same  day in September of the school year following the year in
 which application was made as funds provided pursuant to subparagraph  4
 of  paragraph  b  of  subdivision 4 of section 92-c of the state finance
 law, on the audit and warrant  of  the  state  comptroller  on  vouchers
 certified  or  approved  by  the commissioner of education in the manner
 prescribed by law from moneys in the state lottery  fund  and  from  the
 general  fund  to  the  extent that the amount paid to a school district
 pursuant to this section exceeds the amount, if  any,  due  such  school
 district  pursuant  to subparagraph 2 of paragraph a of subdivision 1 of
 section 3609-a of the education law in the  school  year  following  the
 year in which application was made.
   c.  Notwithstanding  the provisions of section 3609-a of the education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions a and b of this section shall first be  deducted  from  the
 following  payments  due  the  school  district  during  the school year
 following the year in which application was made  pursuant  to  subpara-
 graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
 3609-a of the education law in the following order: the  lottery  appor-
 tionment  payable  pursuant to subparagraph 2 of such paragraph followed
 by the fixed fall payments payable pursuant to subparagraph  4  of  such
 paragraph  and then followed by the district's payments to the teachers'
 retirement system pursuant to subparagraph 1 of such paragraph, and  any
 remainder  to  be  deducted  from  the  individualized  payments due the
 district pursuant to paragraph b of such subdivision shall  be  deducted
 on  a  chronological  basis  starting  with the earliest payment due the
 district.
   § 30-a. Subdivision a of section 5 of chapter 121 of the laws of 1996,
 relating to authorizing the Roosevelt  union  free  school  district  to
 finance  deficits by the issuance of serial bonds, as amended by section
 46-a of part A of chapter 56 of the laws of 2021, is amended to read  as
 follows:
   a.  Notwithstanding  any  other provisions of law, upon application to
 the commissioner of education submitted not sooner than April first  and
 not  later than June thirtieth of the applicable school year, the Roose-
 velt union free school district shall be eligible to receive  an  appor-
 tionment pursuant to this chapter for salary expenses, including related
 benefits, incurred between April first and June thirtieth of such school
 year.   Such apportionment shall not exceed: for the 1996-97 school year
 through  the  [2021-22]  2022-23  school  year,  four  million   dollars
 ($4,000,000);  for  the  [2022-23]  2023-24  school  year, three million
 dollars ($3,000,000); for the [2023-24] 2024-25 school year, two million
 dollars ($2,000,000); for the [2024-25] 2025-26 school year, one million
 dollars ($1,000,000); and for the [2025-26] 2026-27  school  year,  zero
 dollars.    Such  annual  application  shall  be made after the board of
 education has adopted a resolution to do so with  the  approval  of  the
 commissioner of education.
   §  31.  Section  1950  of the education law is amended by adding a new
 subdivision 8-d to read as follows:
   8-D. NOTWITHSTANDING THE PROVISION OF ANY LAW, RULE, OR REGULATION  TO
 THE  CONTRARY,  THE  CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, UPON
 THE CONSENT OF THE BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES  OF  THE
 SUPERVISORY  DISTRICT  SERVING  ITS GEOGRAPHIC REGION, MAY PURCHASE FROM
 S. 8006--C                         30                         A. 9006--C
 
 SUCH BOARD AS A NON-COMPONENT  SCHOOL  DISTRICT,  SERVICES  REQUIRED  BY
 ARTICLE NINETEEN OF THE EDUCATION LAW.
   §  31-a.  Subdivision  6-a of section 140 of chapter 82 of the laws of
 1995, amending the education law and  certain  other  laws  relating  to
 state  aid  to  school  districts and the appropriation of funds for the
 support of government, as amended by section 41 of part YYY  of  chapter
 59 of the laws of 2017, is amended to read as follows:
   (6-a) Section seventy-three of this act shall take effect July 1, 1995
 and shall be deemed repealed June 30, [2022] 2027;
   §  32. The amounts specified in this section shall be a set-aside from
 the state funds which each such district is  receiving  from  the  total
 foundation aid:
   a.  for the development, maintenance or expansion of magnet schools or
 magnet school programs for the 2022--2023  school  year.  For  the  city
 school  district  of  the city of New York there shall be a set-aside of
 foundation aid equal to forty-eight  million  one  hundred  seventy-five
 thousand  dollars  ($48,175,000) including five hundred thousand dollars
 ($500,000) for the Andrew Jackson High  School;  for  the  Buffalo  city
 school   district,   twenty-one  million  twenty-five  thousand  dollars
 ($21,025,000); for the Rochester city school district,  fifteen  million
 dollars  ($15,000,000);  for the Syracuse city school district, thirteen
 million dollars ($13,000,000); for the  Yonkers  city  school  district,
 forty-nine  million five hundred thousand dollars ($49,500,000); for the
 Newburgh city school district, four million six hundred forty-five thou-
 sand dollars ($4,645,000); for the Poughkeepsie  city  school  district,
 two million four hundred seventy-five thousand dollars ($2,475,000); for
 the Mount Vernon city school district, two million dollars ($2,000,000);
 for  the New Rochelle city school district, one million four hundred ten
 thousand dollars ($1,410,000); for the Schenectady city school district,
 one million eight hundred thousand dollars ($1,800,000);  for  the  Port
 Chester  city  school  district,  one million one hundred fifty thousand
 dollars ($1,150,000); for the White Plains city  school  district,  nine
 hundred  thousand  dollars ($900,000); for the Niagara Falls city school
 district, six hundred thousand dollars ($600,000); for the  Albany  city
 school  district,  three  million  five  hundred  fifty thousand dollars
 ($3,550,000); for the Utica city school district,  two  million  dollars
 ($2,000,000);  for  the Beacon city school district, five hundred sixty-
 six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
 district,  four  hundred  thousand  dollars ($400,000); for the Freeport
 union free school district, four hundred  thousand  dollars  ($400,000);
 for  the  Greenburgh  central  school  district,  three hundred thousand
 dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
 hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
 district, two hundred thousand dollars ($200,000); and  for  the  Hudson
 city school district, four hundred thousand dollars ($400,000).
   b.  Notwithstanding any inconsistent provision of law to the contrary,
 a school district setting aside such foundation  aid  pursuant  to  this
 section  may  use  such  set-aside  funds  for: (i) any instructional or
 instructional support costs associated with the operation  of  a  magnet
 school; or (ii) any instructional or instructional support costs associ-
 ated with implementation of an alternative approach to promote diversity
 and/or enhancement of the instructional program and raising of standards
 in  elementary and secondary schools of school districts having substan-
 tial concentrations of minority students.
   c. The commissioner of education shall not be authorized  to  withhold
 foundation aid from a school district that used such funds in accordance
 S. 8006--C                         31                         A. 9006--C
 
 with  this  paragraph,  notwithstanding any inconsistency with a request
 for proposals issued by such commissioner for the purpose of  attendance
 improvement  and  dropout prevention for the 2022--2023 school year, and
 for  any city school district in a city having a population of more than
 one million,  the  set-aside  for  attendance  improvement  and  dropout
 prevention  shall  equal  the amount set aside in the base year. For the
 2022--2023 school year, it is further  provided  that  any  city  school
 district  in  a  city having a population of more than one million shall
 allocate at least one-third of any increase from  base  year  levels  in
 funds set aside pursuant to the requirements of this section to communi-
 ty-based  organizations.  Any increase required pursuant to this section
 to community-based organizations must  be  in  addition  to  allocations
 provided to community-based organizations in the base year.
   d.  For the purpose of teacher support for the 2022--2023 school year:
 for the city school district of the city of New York, sixty-two  million
 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
 school  district,  one  million seven hundred forty-one thousand dollars
 ($1,741,000); for the Rochester city school district, one million seven-
 ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
 district,   one   million   one  hundred  forty-seven  thousand  dollars
 ($1,147,000); and for the Syracuse city school district,  eight  hundred
 nine  thousand  dollars ($809,000). All funds made available to a school
 district pursuant to this section shall be  distributed  among  teachers
 including  prekindergarten teachers and teachers of adult vocational and
 academic subjects in accordance with this section and shall be in  addi-
 tion  to  salaries heretofore or hereafter negotiated or made available;
 provided, however, that all funds distributed pursuant to  this  section
 for  the  current year shall be deemed to incorporate all funds distrib-
 uted pursuant to former subdivision 27 of section 3602 of the  education
 law  for prior years. In school districts where the teachers are repres-
 ented by certified or  recognized  employee  organizations,  all  salary
 increases  funded  pursuant to this section shall be determined by sepa-
 rate collective negotiations conducted pursuant to  the  provisions  and
 procedures  of  article 14 of the civil service law, notwithstanding the
 existence of a negotiated agreement between  a  school  district  and  a
 certified or recognized employee organization.
   §  33.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2022  enacting
 the  aid  to  localities  budget shall be apportioned for the 2022--2023
 state fiscal year in accordance with the  provisions  of  sections  271,
 272,  273,  282,  284,  and  285  of the education law as amended by the
 provisions of this chapter and the provisions of this section,  provided
 that library construction aid pursuant to section 273-a of the education
 law  shall  not  be  payable  from the appropriations for the support of
 public libraries and provided further that no library, library system or
 program, as defined by the commissioner of education, shall receive less
 total system or program aid than it received  for  the  year  2001--2002
 except as a result of a reduction adjustment necessary to conform to the
 appropriations for support of public libraries.
   Notwithstanding  any other provision of law to the contrary the moneys
 appropriated for the support of public libraries for the year 2022--2023
 by a chapter of the laws of 2022 enacting the education, labor and fami-
 ly assistance budget shall fulfill the  state's  obligation  to  provide
 such aid and, pursuant to a plan developed by the commissioner of educa-
 tion  and  approved  by  the  director of the budget, the aid payable to
 libraries and library systems pursuant to such appropriations  shall  be
 S. 8006--C                         32                         A. 9006--C
 
 reduced  proportionately  to ensure that the total amount of aid payable
 does not exceed the total appropriations for such purpose.
   § 34. Severability. The provisions of this act shall be severable, and
 if  the  application  of  any  clause, sentence, paragraph, subdivision,
 section or part of this act to  any  person  or  circumstance  shall  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph,  subdivision,  section  or
 part  of this act 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 judgment  shall  have
 been rendered.
   §  35.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2022, provided,
 however, that:
   1. Sections one,  two,  seven,  eight,  eleven-b,  fourteen,  fifteen,
 sixteen, seventeen, nineteen, twenty-two, twenty-five, twenty-six, twen-
 ty-eight, thirty-one, and thirty-two, of this act shall take effect July
 1, 2022;
   2.  Sections  three,  four, and five shall take effect immediately and
 shall expire September 30, 2024 when upon such date  the  provisions  of
 such sections shall be deemed repealed;
   3.  The  amendments to paragraph d of subdivision 12 of section 3602-e
 of the education law made by section seventeen-b of this act shall  take
 effect  upon  the  repeal  of   subdivision 4 of section 51 of part B of
 chapter 57 of the laws of 2008, as amended; and
   4. The amendments to chapter 756 of the  laws  of  1992,  relating  to
 funding a program for work force education conducted by a consortium for
 worker education in New York city made by sections twenty and twenty-one
 of  this  act  shall  not affect the repeal of such chapter and shall be
 deemed repealed therewith.
 
                                  PART B
 
   Section 1. This Part enacts into law major components  of  legislation
 relating  to  promoting  zero-emission school buses.   Each component is
 wholly contained within a Subpart identified as Subparts A  and  B.  The
 effective  date  for  each  particular  provision  contained within such
 Subpart is set forth in the last section of such Subpart. Any  provision
 in  any section contained within a Subpart, including the effective date
 of the Subpart, which makes reference to a section "of this  act",  when
 used  in  connection  with that particular component, shall be deemed to
 mean and refer to the corresponding section of the Subpart in  which  it
 is  found.  Section  three of this Part sets forth the general effective
 date of this Part.
                                 SUBPART A
 
   Section 1. The education law is amended by adding a new  section  3638
 to read as follows:
   §  3638.  ZERO-EMISSION  SCHOOL  BUSES.    1. FOR THE PURPOSES OF THIS
 SECTION "ZERO-EMISSION SCHOOL BUS" SHALL MEAN  A  SCHOOL  BUS  THAT:  IS
 PROPELLED  BY  AN  ELECTRIC MOTOR AND ASSOCIATED POWER ELECTRONICS WHICH
 PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS  DURING  NORMAL  VEHICLE
 OPERATIONS  AND  DRAWS ELECTRICITY FROM A HYDROGEN FUEL CELL OR BATTERY;
 OR OTHERWISE OPERATES WITHOUT DIRECT EMISSION OF ATMOSPHERIC POLLUTANTS.
 S. 8006--C                         33                         A. 9006--C
 
   2. (A) NO LATER THAN JULY  FIRST,  TWO  THOUSAND  TWENTY-SEVEN,  EVERY
 SCHOOL DISTRICT SHALL:
   (I)  ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES WHEN PURCHASING
 OR LEASING NEW BUSES;
   (II) INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
 SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR  THE
 SCHOOL  DISTRICT  MUST ONLY PURCHASE OR LEASE ZERO-EMISSION SCHOOL BUSES
 WHEN PURCHASING OR LEASING NEW SCHOOL BUSES; AND
   (III) INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR THE MANUFACTURING OR
 RETROFITTING OF A ZERO-EMISSION  SCHOOL  BUS  AND  CHARGING  OR  FUELING
 INFRASTRUCTURE  THAT  THE  COMPONENTS  AND PARTS USED OR SUPPLIED IN THE
 PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO SHALL BE PRODUCED
 OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS  TERRITO-
 RIES  OR POSSESSIONS AND THAT FINAL ASSEMBLY OF THE ZERO-EMISSION SCHOOL
 BUS AND CHARGING OR FUELING INFRASTRUCTURE SHALL  OCCUR  IN  THE  UNITED
 STATES, ITS TERRITORIES OR POSSESSIONS.
   (B)  THE  COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY AND OFFICE OF GENERAL  SERVICES,  MAY
 WAIVE  THE  CONTRACTING  REQUIREMENTS SET FORTH IN SUBPARAGRAPH (III) OF
 PARAGRAPH (A) OF THIS SUBDIVISION IF THE  COMMISSIONER  DETERMINES  THAT
 THE  REQUIREMENTS  WOULD  NOT BE IN THE PUBLIC INTEREST, WOULD RESULT IN
 UNREASONABLE COSTS, OR THAT OBTAINING SUCH  ZERO-EMISSION  SCHOOL  BUSES
 AND  CHARGING  OR  FUELING  INFRASTRUCTURE  COMPONENTS  AND PARTS IN THE
 UNITED STATES WOULD INCREASE THE COST OF A  SCHOOL  DISTRICT'S  CONTRACT
 FOR ZERO-EMISSION SCHOOL BUSES AND CHARGING OR FUELING INFRASTRUCTURE BY
 AN UNREASONABLE AMOUNT, OR SUCH ZERO-EMISSION SCHOOL BUSSES AND CHARGING
 OR FUELING INFRASTRUCTURE COMPONENTS AND PARTS CANNOT BE PRODUCED, MADE,
 OR ASSEMBLED IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE
 QUANTITIES  OR  OF SATISFACTORY QUALITY. SUCH DETERMINATION MUST BE MADE
 ON AN ANNUAL BASIS NO LATER THAN DECEMBER THIRTY-FIRST, AFTER  PROVIDING
 NOTICE  AND  AN  OPPORTUNITY  FOR  PUBLIC  COMMENT, AND BE MADE PUBLICLY
 AVAILABLE, IN WRITING, ON  THE  DEPARTMENT'S  WEBSITE  WITH  A  DETAILED
 EXPLANATION  OF  THE  FINDINGS  LEADING  TO  SUCH  DETERMINATION. IF THE
 COMMISSIONER HAS ISSUED DETERMINATIONS FOR THREE CONSECUTIVE YEARS  THAT
 NO SUCH WAIVER IS WARRANTED PURSUANT TO THIS PARAGRAPH, THEN THE COMMIS-
 SIONER  SHALL NO LONGER BE REQUIRED TO PROVIDE THE ANNUAL DETERMINATIONS
 REQUIRED BY THIS PARAGRAPH.
   3. NO LATER THAN JULY FIRST, TWO THOUSAND  THIRTY-FIVE,  EVERY  SCHOOL
 DISTRICT SHALL:
   (A) ONLY OPERATE AND MAINTAIN ZERO-EMISSION SCHOOL BUSES; AND
   (B)  INCLUDE REQUIREMENTS IN ANY PROCUREMENT FOR SCHOOL TRANSPORTATION
 SERVICES THAT ANY CONTRACTORS PROVIDING TRANSPORTATION SERVICES FOR  THE
 SCHOOL  DISTRICT  MUST  ONLY  OPERATE  ZERO-EMISSION  SCHOOL  BUSES WHEN
 PROVIDING SUCH TRANSPORTATION SERVICES TO THE SCHOOL DISTRICT.
   4. A SCHOOL DISTRICT MAY APPLY TO THE COMMISSIONER, AND THE DEPARTMENT
 MAY GRANT A ONE-TIME EXTENSION OF UP TO  TWENTY-FOUR  MONTHS  TO  COMPLY
 WITH  THE  REQUIREMENTS  OF SUBDIVISION TWO OF THIS SECTION. THE COMMIS-
 SIONER SHALL CONSIDER A SCHOOL DISTRICT'S EFFORT TO  MEET  THE  REQUIRE-
 MENTS  OF  SUBDIVISION  TWO  OF THIS SECTION WHEN GRANTING AN EXTENSION,
 INCLUDING BUT NOT LIMITED TO, PROCUREMENT EFFORTS  MADE  BY  THE  SCHOOL
 DISTRICT,  APPLICATIONS  FOR  STATE  OR FEDERAL FUNDS, CHANGES NEEDED TO
 SCHOOL DISTRICT OPERATIONS TO MEET THE  REQUIREMENTS  OF  THIS  SECTION,
 EMPLOYEE  TRAINING,  AND RECEIPT OF TECHNICAL ASSISTANCE, IF ANY. UPON A
 SCHOOL DISTRICT RECEIVING  AN  EXTENSION,  THE  NEW  YORK  STATE  ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT,
 S. 8006--C                         34                         A. 9006--C
 
 SHALL  PROVIDE  ANY  ADDITIONAL  TECHNICAL  ASSISTANCE  NECESSARY TO THE
 DISTRICT TO MEET THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION.
   5. (A) NOTHING IN THIS SECTION SHALL ALTER THE RIGHTS OR BENEFITS, AND
 PRIVILEGES,  INCLUDING,  BUT  NOT  LIMITED  TO  TERMS  AND CONDITIONS OF
 EMPLOYMENT, CIVIL SERVICE STATUS, AND COLLECTIVE BARGAINING UNIT MEMBER-
 SHIP, OF ANY  CURRENT  EMPLOYEES  OF  SCHOOL  DISTRICTS  OR  ANY  ENTITY
 CONTRACTED TO PROVIDE PUPIL TRANSPORTATION SERVICES, OR SERVICES ATTEND-
 ANT THERETO, INCLUDING BUT NOT LIMITED TO DRIVERS, ATTENDANTS, DISPATCH-
 ERS, AND MECHANICS.
   (B)  NOTHING  IN  THIS  SECTION  SHALL  RESULT  IN: (I) THE DISCHARGE,
 DISPLACEMENT, OR LOSS OF POSITION, INCLUDING PARTIAL  DISPLACEMENT  SUCH
 AS  A  REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT
 BENEFITS; (II) THE IMPAIRMENT OF EXISTING COLLECTIVE  BARGAINING  AGREE-
 MENTS;  (III) THE TRANSFER OF EXISTING DUTIES AND FUNCTIONS; OR (IV) THE
 TRANSFER OF FUTURE DUTIES AND FUNCTIONS, OF ANY CURRENTLY EMPLOYED WORK-
 ER IMPACTED  BY  THE  PROPOSED  PURCHASE  OR  LEASE  WHO  AGREES  TO  BE
 RETRAINED.
   (C) PRIOR TO THE BEGINNING OF THE PROCUREMENT PROCESS FOR NEW ZERO-EM-
 ISSION  SCHOOL  BUSES,  OMNIBUSES,  VEHICLES, CHARGING INFRASTRUCTURE OR
 EQUIPMENT, FUELING INFRASTRUCTURE OR EQUIPMENT, OR OTHER EQUIPMENT,  THE
 SCHOOL  DISTRICT,  PRIVATE  SCHOOL  BUS COMPANY, OR OTHER EMPLOYER WHOSE
 WORKERS PROVIDE PUPIL  TRANSPORTATION  SERVICES  OR  SERVICES  ATTENDANT
 THERETO, SHALL CREATE AND IMPLEMENT A WORKFORCE DEVELOPMENT REPORT THAT:
 (I)  ESTIMATES  THE NUMBER OF CURRENT POSITIONS THAT WOULD BE ELIMINATED
 OR SUBSTANTIALLY CHANGED AS A RESULT OF THE PURCHASE OR LEASE,  AND  THE
 NUMBER  OF  POSITIONS  EXPECTED  TO  BE  CREATED AT THE SCHOOL DISTRICT,
 PRIVATE SCHOOL BUS COMPANY OR OTHER EMPLOYER WHOSE WORKERS PROVIDE PUPIL
 TRANSPORTATION SERVICES OR SERVICES ATTENDANT THERETO  BY  THE  PROPOSED
 PURCHASE  OR  LEASE  OVER  THE INTENDED LIFE OF THE PROPOSED PURCHASE OR
 LEASE; (II) IDENTIFIES GAPS IN SKILLS OF ITS CURRENT WORKFORCE THAT  ARE
 NEEDED  TO  OPERATE  AND MAINTAIN ZERO-EMISSION SCHOOL BUSES, OMNIBUSES,
 VEHICLES, CHARGING INFRASTRUCTURE OR EQUIPMENT,  FUELING  INFRASTRUCTURE
 OR EQUIPMENT, OR OTHER EQUIPMENT; (III) INCLUDES A COMPREHENSIVE PLAN TO
 TRANSITION,  TRAIN,  OR  RETRAIN  EMPLOYEES  THAT  ARE  IMPACTED  BY THE
 PROPOSED PURCHASE OR LEASE; AND (IV) CONTAINS  AN  ESTIMATED  BUDGET  TO
 TRANSITION,  TRAIN,  OR  RETRAIN  EMPLOYEES  THAT  ARE  IMPACTED  BY THE
 PROPOSED PURCHASE OR LEASE.
   (D) NOTHING IN THIS SECTION  SHALL:  (I)  LIMIT  RIGHTS  OF  EMPLOYEES
 PURSUANT  TO A COLLECTIVE BARGAINING AGREEMENT, OR (II) ALTER THE EXIST-
 ING REPRESENTATIONAL RELATIONSHIPS AMONG COLLECTIVE BARGAINING REPRESEN-
 TATIVES OR THE BARGAINING RELATIONSHIPS BETWEEN  THE  EMPLOYER  AND  ANY
 COLLECTIVE BARGAINING REPRESENTATIVE. EMPLOYEES OF PUBLIC ENTITIES SERV-
 ING IN POSITIONS IN NEWLY CREATED TITLES SHALL BE ASSIGNED TO THE APPRO-
 PRIATE BARGAINING UNIT.
   (E)  PRIOR  TO  BEGINNING  THE  PROCUREMENT  PROCESS FOR ZERO-EMISSION
 SCHOOL BUSES, OMNIBUSES, VEHICLES, CHARGING INFRASTRUCTURE OR EQUIPMENT,
 FUELING INFRASTRUCTURE OR EQUIPMENT, OR OTHER EQUIPMENT, ANY EMPLOYER OF
 WORKERS COVERED BY THIS SECTION SHALL INFORM ITS  EMPLOYEES'  COLLECTIVE
 BARGAINING  REPRESENTATIVE  OF  ANY  POTENTIAL  IMPACT ON ITS MEMBERS OR
 UNIT, INCLUDING POSITIONS THAT MAY BE AFFECTED, ALTERED,  OR  ELIMINATED
 AS A RESULT OF THE PURCHASE.
   6.  WHEN PURCHASING ZERO-EMISSION SCHOOL BUSES AND CHARGING OR FUELING
 INFRASTRUCTURE,  SCHOOL DISTRICTS ARE ENCOURAGED TO UTILIZE THE CENTRAL-
 IZED CONTRACTS FOR ZERO EMISSION SCHOOL BUSES AND  CHARGING  OR  FUELING
 INFRASTRUCTURE ESTABLISHED BY THE OFFICE OF GENERAL SERVICES.
 S. 8006--C                         35                         A. 9006--C
 
   §  2.  Paragraphs c, d and e of subdivision 2 of section 3623-a of the
 education law, paragraph c as amended by chapter  453  of  the  laws  of
 2005, paragraph d as added by chapter 474 of the laws of 1996, and para-
 graph e as amended by section 68 of part A of chapter 436 of the laws of
 1997, are amended and a new paragraph f is added to read as follows:
   c.  The purchase of equipment deemed a proper school district expense,
 including: (i) the purchase of two-way radios to be used on old and  new
 school  buses, (ii) the purchase of stop-arms, to be used on old and new
 school buses, (iii) the purchase and installation of seat  safety  belts
 on  school buses in accordance with the provisions of section thirty-six
 hundred thirty-five-a of this article, (iv) the purchase of  school  bus
 back  up  beepers,  (v)  the purchase of school bus front crossing arms,
 (vi) the purchase  of  school  bus  safety  sensor  devices,  (vii)  the
 purchase  and  installation  of  exterior  reflective  marking on school
 buses, (viii)  the  purchase  of  automatic  engine  fire  extinguishing
 systems  for school buses used to transport students who use wheelchairs
 or other assistive mobility devices, and  (ix)  the  purchase  of  other
 equipment as prescribed in the regulations of the commissioner; [and]
   d.  Other  transportation  capital, debt service and lease expense, as
 approved pursuant to regulations of the commissioner[.];
   e.  Any  approved  cost  of  construction,  reconstruction,  lease  or
 purchase  of  a transportation storage facility or site in the amount of
 ten thousand dollars or more shall be aidable in accordance with  subdi-
 vision  six  of section thirty-six hundred two of this article and shall
 not be aidable as transportation expense[.]; AND
   F. APPROVED COSTS RELATING TO THE LEASE,  PURCHASE,  CONSTRUCTION,  OR
 INSTALLATION  OF  ZERO-EMISSION SCHOOL BUS ELECTRIC CHARGING OR HYDROGEN
 FUELING STATIONS. FOR THE PURPOSES  OF  THIS  SECTION,  A  ZERO-EMISSION
 SCHOOL  BUS  ELECTRIC  CHARGING STATION IS A STATION THAT DELIVERS ELEC-
 TRICITY FROM A SOURCE OUTSIDE A ZERO-EMISSION SCHOOL  BUS  INTO  ONE  OR
 MORE ZERO-EMISSION SCHOOL BUSES. AN ELECTRIC SCHOOL BUS CHARGING STATION
 MAY  INCLUDE  SEVERAL  CHARGE  POINTS  SIMULTANEOUSLY CONNECTING SEVERAL
 ZERO-EMISSION SCHOOL BUSES TO THE  STATION  AND  ANY  RELATED  EQUIPMENT
 NEEDED  TO  FACILITATE CHARGING PLUG-IN ZERO-EMISSION SCHOOL BUSES.  ANY
 WORK RELATED TO THE CONSTRUCTION OR INSTALLATION OF ZERO-EMISSION SCHOOL
 BUS ELECTRIC CHARGING OR HYDROGEN FUELING STATIONS UNDER THIS  PARAGRAPH
 SHALL  BE CONSIDERED PUBLIC WORK AND SHALL BE SUBJECT TO PREVAILING WAGE
 REQUIREMENTS IN ACCORDANCE WITH  SECTION  TWO  HUNDRED  TWENTY  AND  TWO
 HUNDRED TWENTY-B OF THE LABOR LAW.
   §  3.  Paragraph  e  of subdivision 7 of section 3602 of the education
 law, as amended by section 4 of part L of chapter  57  of  the  laws  of
 2005, is amended to read as follows:
   e.  In  determining  approved transportation capital, debt service and
 lease expense for aid payable in the two thousand five--two thousand six
 school  year  and  thereafter,  the  commissioner,  after  applying  the
 provisions  of  paragraph  c  of this subdivision to such expense, shall
 establish an assumed amortization pursuant to this paragraph  to  deter-
 mine  the approved capital, debt service and lease expense of the school
 district that is aidable in the current year, whether or not the  school
 district  issues  debt  for  such expenditures, subject to any deduction
 pursuant to paragraph d of this subdivision. Such  assumed  amortization
 shall  be  for  a period of five years, AND FOR THE TWO THOUSAND TWENTY-
 TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEAR AND THEREAFTER  SUCH  ASSUMED
 AMORTIZATION  FOR ZERO-EMISSION SCHOOL BUSES AS DEFINED IN SECTION THIR-
 TY-SIX HUNDRED THIRTY-EIGHT OF THIS ARTICLE AND RELATED  COSTS  PURSUANT
 TO  PARAGRAPH F OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWENTY-
 S. 8006--C                         36                         A. 9006--C
 
 THREE-A OF THIS ARTICLE SHALL BE FOR A PERIOD OF TWELVE YEARS, and shall
 commence twelve months after the school district enters into a  purchase
 contract[,] OR lease of the school bus, CHARGING STATION, HYDROGEN FUEL-
 ING  STATION,  or equipment, or a general contract for the construction,
 reconstruction, lease or purchase of a transportation  storage  facility
 or  site in an amount less than ten thousand dollars[; except that where
 expenses were incurred for the purchase or lease  of  a  school  bus  or
 equipment  or  the  construction, reconstruction, lease or purchase of a
 transportation storage facility or site prior to July first,  two  thou-
 sand  five and debt service was still outstanding or the lease was still
 in effect as of such date, the assumed amortization shall commence as of
 July first, two thousand five and the period of the  amortization  shall
 be for a period equal to five years less the number of years, rounded to
 the  nearest  year, elapsed from the date upon which the school district
 first entered into such purchase contract or general contract  and  July
 first,  two  thousand  five,  as  determined by the commissioner, or the
 remaining term of the lease as of such date]. Such assumed  amortization
 shall  provide  for  equal semiannual payments of principal and interest
 based on an assumed interest rate established by the commissioner pursu-
 ant to this paragraph. By the first day of September of the current year
 commencing with the two thousand five--two  thousand  six  school  year,
 each  school  district  shall  provide  to  the commissioner in a format
 prescribed by the commissioner  such  information  as  the  commissioner
 shall  require  for  all  capital  debt incurred by such school district
 during the preceding school year  for  expenses  allowable  pursuant  to
 subdivision  two  of  section  thirty-six hundred twenty-three-a of this
 article.  Based  on  such  reported  amortizations  and  a   methodology
 prescribed  by  the  commissioner in regulations, the commissioner shall
 compute an assumed interest rate that shall equal  the  average  of  the
 interest  rates  applied  to  all  such debt issued during the preceding
 school year. The assumed interest rate shall be  the  interest  rate  of
 each  such  school  district  applicable  to  the  current  year for the
 purposes of this paragraph and shall be expressed as a decimal  to  five
 places rounded to the nearest eighth of one-one hundredth.
   §  4. Subparagraph 7 of paragraph e of subdivision 1 of section 3623-a
 of the education law, as added by chapter 474 of the laws  of  1996,  is
 amended to read as follows:
   (7)  fuel,  oil,  tires,  chains,  maintenance  and repairs for school
 buses, PROVIDED THAT FOR PURPOSES OF THIS ARTICLE,  FUEL  SHALL  INCLUDE
 ELECTRICITY  USED  TO  CHARGE  OR  HYDROGEN USED TO REFUEL ZERO-EMISSION
 SCHOOL BUSES FOR THE AIDABLE TRANSPORTATION OF  PUPILS,  BUT  SHALL  NOT
 INCLUDE ELECTRICITY OR HYDROGEN USED FOR OTHER PURPOSES;
   §  5.  Subdivision  29  of  paragraph  a of section 11.00 of the local
 finance law, as amended by chapter 300 of the laws of 1971,  is  amended
 to read as follows:
   29.  Motor  vehicles. The purchase of a motor vehicle, five years. The
 term "motor vehicle," as used in this subdivision, shall mean a  vehicle
 propelled by any power other than muscular power, except
   (a)  a  passenger  vehicle,  other than a school bus, having a seating
 capacity of less than ten persons,
   (b) a vehicle used for fighting fires,
   (c) a motor cycle, traction engine,  and  electric  truck  with  small
 wheels used in warehouses and railroad stations and a vehicle which runs
 only upon rails or tracks,
   (d)  machinery  or apparatus for which a period of probable usefulness
 has been determined by subdivision twenty-eight of this paragraph, and
 S. 8006--C                         37                         A. 9006--C
 
   (e) a vehicle which is specially designed for use for  the  treatment,
 care or transport of sick or injured persons, AND
   (F)  A  ZERO-EMISSION  SCHOOL BUS AS DEFINED IN SECTION THREE THOUSAND
 SIX HUNDRED THIRTY-EIGHT OF THE EDUCATION LAW.
   § 6. Subdivision 21-a of section 1604 of the education law,  as  added
 by chapter 472 of the laws of 1998, is amended to read as follows:
   21-a.  To  lease a motor vehicle or vehicles to be used for the trans-
 portation of the children of the district from a school district,  board
 of  cooperative  educational services or county vocational education and
 extension board or from any other source, under the conditions specified
 in this subdivision. No such agreement for the lease of a motor  vehicle
 or  vehicles  shall be for a term of more than one school year, provided
 that when authorized by a vote of the qualified voters of  the  district
 such  lease may have a term of up to five years, OR TWELVE YEARS FOR THE
 LEASE OF ZERO-EMISSION SCHOOL BUSES AS  DEFINED  IN  SECTION  THIRTY-SIX
 HUNDRED  THIRTY-EIGHT  OF  THIS  CHAPTER.  Where the trustee or board of
 trustees enter into a lease of a motor vehicle or vehicles  pursuant  to
 this  subdivision for a term of one school year or less, such trustee or
 board shall not be authorized to enter into another lease for  the  same
 or  an  equivalent replacement vehicle or vehicles, as determined by the
 commissioner, without obtaining approval of the qualified voters of  the
 school district.
   §  7.  Paragraph  i of subdivision 25 of section 1709 of the education
 law, as added by chapter 472 of the laws of 1998, is amended to read  as
 follows:
   i.  In addition to the authority granted in paragraph e of this subdi-
 vision, the board of education shall be  authorized  to  lease  a  motor
 vehicle or vehicles to be used for the transportation of the children of
 the district from sources other than a school district, board of cooper-
 ative  educational services or county vocational education and extension
 board under the conditions specified in this paragraph. No  such  agree-
 ment for the lease of a motor vehicle or vehicles shall be for a term of
 more  than  one  school year, provided that when authorized by a vote of
 the qualified voters of the district such lease may have a term of up to
 five years, OR TWELVE YEARS FOR THE LEASE OF ZERO-EMISSION SCHOOL  BUSES
 AS  DEFINED  IN SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS CHAPTER.
 Where the board of education enters a lease of a motor vehicle or  vehi-
 cles  pursuant  to this paragraph for a term of one school year or less,
 such board shall not be authorized to enter into another  lease  of  the
 same  or an equivalent replacement vehicle or vehicles, as determined by
 the commissioner, without obtaining approval of the voters.
   § 8. Subdivision 29-a of paragraph a of section  11.00  of  the  local
 finance  law, as added by section 1 of part BB of chapter 58 of the laws
 of 2015, is amended to read as follows:
   29-a. Transit motor vehicles. The purchase of municipally owned  omni-
 bus  or  similar  surface  transit  motor  vehicles,  ten years; AND THE
 PURCHASE OF ZERO-EMISSION  SCHOOL  BUSES  OWNED  BY  A  SCHOOL  DISTRICT
 DEFINED  PURSUANT  TO  PARAGRAPH  TWO OF SECTION 2.00 OF THIS CHAPTER, A
 CITY SCHOOL DISTRICT WITH A POPULATION OF MORE    THAN    ONE    HUNDRED
 TWENTY-FIVE    THOUSAND INHABITANTS, OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES, TWELVE YEARS.
   § 9. This act shall take effect immediately.
 
                                 SUBPART B
 S. 8006--C                         38                         A. 9006--C
 
   Section 1. Section 1854 of the public authorities law  is  amended  by
 adding two new subdivisions 22 and 23 to read as follows:
   22.  TO ADMINISTER A PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO SCHOOL
 DISTRICTS, SCHOOL BUS FLEET OPERATORS AND PUBLIC TRANSPORTATION  SYSTEMS
 ON  MANAGING  ZERO-EMISSION  VEHICLE  FLEETS AND THE CHARGING OR FUELING
 INFRASTRUCTURE FOR SUCH ZERO-EMISSION VEHICLE FLEETS.
   23. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX,  AND
 ANNUALLY  THEREAFTER,  THE  AUTHORITY SHALL ISSUE A REPORT ON THE AVAIL-
 ABILITY OF ZERO-EMISSION SCHOOL BUSES AND CHARGING  OR  FUELING  INFRAS-
 TRUCTURE  THAT  MEET  THE  CRITERIA  ESTABLISHED  IN  SUBDIVISION TWO OF
 SECTION THIRTY-SIX  HUNDRED  THIRTY-EIGHT  OF  THE  EDUCATION  LAW.  THE
 AUTHORITY  SHALL  PROVIDE TECHNICAL ASSISTANCE TO SCHOOL DISTRICTS, UPON
 REQUEST, IN PURSUING STATE AND FEDERAL GRANTS AND OTHER FUNDING OPPORTU-
 NITIES TO SUPPORT THE PURCHASE AND CONTRACTING REQUIREMENTS SET FORTH IN
 SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THE EDUCA-
 TION LAW.
   § 2. The public authorities law is amended by  adding  a  new  section
 1884 to read as follows:
   §  1884.  ZERO-EMISSION BUS ROADMAP. 1. THE AUTHORITY, IN CONSULTATION
 WITH THE DEPARTMENT OF PUBLIC SERVICE AND THE DEPARTMENT OF  TRANSPORTA-
 TION,  SHALL  CREATE  A  ZERO-EMISSION  PUBLIC TRANSPORTATION SYSTEM AND
 SCHOOL BUS ROADMAP FOR THE STATE WHICH SHALL IDENTIFY THE ACTIONS NEEDED
 TO MEET THE FLEET SALES AND CONVERSION TARGETS  ESTABLISHED  IN  SECTION
 THIRTY-SIX HUNDRED THIRTY-EIGHT OF THE EDUCATION LAW.  THE ROADMAP SHALL
 INCLUDE  BUT  NOT  BE  LIMITED  TO: (A) FINANCIAL AND TECHNICAL GUIDANCE
 RELATED TO THE PURCHASING, RETROFITTING, OPERATION, AND  MAINTENANCE  OF
 ZERO-EMISSION  BUSES; (B) AN IDENTIFICATION AND SITING PLAN FOR CHARGING
 AND FUELING INFRASTRUCTURE;  (C)  AN  IDENTIFICATION  OF  THE  NECESSARY
 INVESTMENTS  IN  THE ELECTRIC TRANSMISSION AND DISTRIBUTION GRID; (D) AN
 IDENTIFICATION OF HOW TO ENSURE RELATED FACILITY  UPGRADES  ARE  COORDI-
 NATED TO MAXIMIZE THE COST EFFECTIVENESS AND OVERALL SYSTEM RELIABILITY;
 (E) THE AVAILABLE FEDERAL, STATE, AND LOCAL FUNDING TO PURCHASE OR LEASE
 ZERO-EMISSION  BUSES OR CONVERT EXISTING BUSES TO ZERO-EMISSIONS; (F) AN
 IDENTIFICATION OF NEW INCENTIVES AND PROGRAMS TO ADVANCE THE  DEPLOYMENT
 AND  ADOPTION  OF  ZERO-EMISSION  BUSES; AND (G) STREAMLINING ACTIONS TO
 FACILITATE THE CONVERSION OF PUBLIC TRANSPORTATION  SYSTEMS  AND  SCHOOL
 BUS FLEETS.
   2.  THE  AUTHORITY SHALL CONVENE A TECHNICAL ADVISORY GROUP MADE UP OF
 DIVERSE STAKEHOLDERS TO PROVIDE THE AUTHORITY WITH  RELEVANT  TECHNICAL,
 POLICY,  AND  MARKET  EXPERTISE.  THE  AUTHORITY SHALL FURTHER DEVELOP A
 STAKEHOLDER ENGAGEMENT PROCESS TO SOLICIT FEEDBACK ON  THE  ROADMAP  AND
 RAISE CONSUMER AWARENESS AND EDUCATION ACROSS THE STATE.
   3.  THE AUTHORITY SHALL REPORT ITS FINDINGS AND ANY RECOMMENDATIONS TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER  OF
 THE  ASSEMBLY  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
 SECTION.   THE ROADMAP SHALL BE  UPDATED  EVERY  THREE  YEARS  AND  MADE
 PUBLICLY AVAILABLE ON THE AUTHORITY'S WEBSITE.
   § 3. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 S. 8006--C                         39                         A. 9006--C
 
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A and B of this act  shall  be
 as specifically set forth in the last section of such Subparts.
 
                                  PART C
 
                           Intentionally Omitted
 
                                  PART D
 
   Section 1. Subparagraph 4-b of paragraph h of subdivision 2 of section
 355 of the education law, as added by section 1 of part GG of chapter 56
 of the laws of 2021, is amended to read as follows:
   (4-b) [(i)] In state fiscal year two thousand twenty-two--two thousand
 twenty-three AND THEREAFTER, the state shall appropriate and make avail-
 able  general  fund  operating  support  in  the amount of [thirty-three
 percent of] the  tuition  credit  calculated  pursuant  to  section  six
 hundred  eighty-nine-a of this chapter [for the two thousand twenty-two-
 -two thousand twenty-three academic year.
   (ii) In state fiscal  year  two  thousand  twenty-three--two  thousand
 twenty-four, the state shall appropriate and make available general fund
 operating  support  in  the amount of sixty-seven percent of the tuition
 credit calculated pursuant to section six hundred eighty-nine-a of  this
 chapter  for  the  two  thousand  twenty-three--two thousand twenty-four
 academic year.
   (iii) Beginning in state fiscal  year  two  thousand  twenty-four--two
 thousand  twenty-five  and  thereafter,  the state shall appropriate and
 make available general fund operating  support  in  the  amount  of  the
 tuition  credit calculated pursuant to section six hundred eighty-nine-a
 of this chapter] annually.
   § 2. Paragraph (f) of subdivision 7 of section 6206 of  the  education
 law, as added by section 2 of part GG of chapter 56 of the laws of 2021,
 is amended to read as follows:
   (f)  [(i)]  In state fiscal year two thousand twenty-two--two thousand
 twenty-three AND THEREAFTER, the state shall appropriate and make avail-
 able general fund operating  support  in  the  amount  of  [thirty-three
 percent  of]  the  tuition  credit  calculated  pursuant  to section six
 hundred eighty-nine-a of this chapter [for the two thousand  twenty-two-
 -two thousand twenty-three academic year.
   (ii)  In  state  fiscal  year  two thousand twenty-three--two thousand
 twenty-four, the state shall appropriate and make available general fund
 operating support in the amount of sixty-seven percent  of  the  tuition
 credit  calculated pursuant to section six hundred eighty-nine-a of this
 chapter for the  two  thousand  twenty-three--two  thousand  twenty-four
 academic year.
   (iii)  Beginning  in  state  fiscal year two thousand twenty-four--two
 thousand twenty-five and thereafter, the  state  shall  appropriate  and
 make  available  general  fund  operating  support  in the amount of the
 tuition credit calculated pursuant to section six hundred  eighty-nine-a
 of this chapter] annually.
   § 3. This act shall take effect immediately.
 
                                  PART E
 S. 8006--C                         40                         A. 9006--C
 
   Section  1.  Section 667-c of the education law, as added by section 1
 of part N of chapter 58 of the laws of  2006,  is  amended  to  read  as
 follows:
   § 667-c. Part-time tuition assistance program awards. 1. Notwithstand-
 ing  any  law,  rule or regulation to the contrary, the president of the
 higher education services corporation  is  authorized  to  make  tuition
 assistance program awards to:
   A.  part-time  students  enrolled at the state university, a community
 college, the city university of New York, and a  non-profit  college  or
 university  incorporated  by  the regents or by the legislature who meet
 all requirements for tuition assistance program awards  except  for  the
 students' part-time attendance; OR
   B.  PART-TIME STUDENTS ENROLLED AT A COMMUNITY COLLEGE IN A NON-DEGREE
 WORKFORCE CREDENTIAL PROGRAM  DIRECTLY  LEADING  TO  THE  EMPLOYMENT  OR
 ADVANCEMENT  OF  A  STUDENT IN A "SIGNIFICANT INDUSTRY" AS IDENTIFIED BY
 THE DEPARTMENT OF LABOR IN ITS THREE MOST RECENT  STATEWIDE  SIGNIFICANT
 INDUSTRIES REPORTS PUBLISHED PRECEDING THE STUDENT'S  ENROLLMENT IN SUCH
 NON-DEGREE  WORKFORCE  CREDENTIAL  PROGRAM.  THE STATE UNIVERSITY OF NEW
 YORK AND THE CITY UNIVERSITY OF NEW YORK SHALL PUBLISH  AND  MAINTAIN  A
 MASTER  LIST  OF  ALL  ELIGIBLE  NON-DEGREE WORKFORCE CREDENTIAL PROGRAM
 COURSES AND UPDATE SUCH LIST EVERY SEMESTER. A STUDENT WHO  SUCCESSFULLY
 COMPLETES  A  NON-DEGREE WORKFORCE CREDENTIAL PROGRAM AND RECEIVES PART-
 TIME TUITION ASSISTANCE PROGRAM AWARDS PURSUANT TO THIS PARAGRAPH  SHALL
 BE  AWARDED  ACADEMIC CREDIT BY THE STATE UNIVERSITY OF NEW YORK OR CITY
 UNIVERSITY OF NEW YORK UPON MATRICULATION INTO A DEGREE PROGRAM AT  SUCH
 INSTITUTION, PROVIDED THAT SUCH CREDIT SHALL BE EQUAL TO THE CORRESPOND-
 ING CREDIT HOURS EARNED IN THE NON-DEGREE WORKFORCE CREDENTIAL PROGRAM.
   2. For purposes of this section[, a part-time student is one who]:
   a.  FOR  STUDENTS  DEFINED  IN  PARAGRAPH A OF SUBDIVISION ONE OF THIS
 SECTION, A PART-TIME STUDENT IS ONE WHO: (I) enrolled  as  a  first-time
 freshman  during  the two thousand six--two thousand seven academic year
 or thereafter at a college or university within  the  state  university,
 including  a  statutory  or contract college, a community college estab-
 lished pursuant to article one hundred twenty-six of this  chapter,  the
 city  university  of  New  York,  or  a non-profit college or university
 incorporated by the regents or by the legislature;
   [b. has earned at least twelve credits  in  each  of  two  consecutive
 semesters at one of the institutions named in paragraph a of this subdi-
 vision by the time of the awards;
   c.]  (II)  is  enrolled for at least six but less than twelve semester
 hours, or the equivalent, per  semester  in  an  approved  undergraduate
 degree program; and
   [d.] (III) has a cumulative grade-point average of at least 2.00.
   B.  FOR  STUDENTS  DEFINED  IN  PARAGRAPH B OF SUBDIVISION ONE OF THIS
 SECTION, A PART-TIME STUDENT IS ONE WHO: (I) MEETS ALL REQUIREMENTS  FOR
 TUITION  ASSISTANCE  PROGRAM  AWARDS  EXCEPT FOR THE STUDENT'S PART-TIME
 ATTENDANCE AND ANY OTHER REQUIREMENTS THAT  ARE  INCONSISTENT  WITH  THE
 STUDENT'S ENROLLMENT IN A NON-DEGREE WORKFORCE CREDENTIAL PROGRAM; AND
   (II)  IS  ENROLLED  IN  AN  APPROVED  NON-DEGREE  WORKFORCE CREDENTIAL
 PROGRAM AT A COMMUNITY COLLEGE PURSUANT TO PARAGRAPH  B  OF  SUBDIVISION
 ONE OF THIS SECTION.
   3.  a. For part-time students defined in this section, the award shall
 be calculated as provided in section six  hundred  sixty-seven  of  this
 article and shall be in an amount equal to the enrollment factor percent
 of  the  award  the  student would have been eligible for if the student
 were enrolled full-time. [The] FOR PART-TIME STUDENTS DEFINED  IN  PARA-
 S. 8006--C                         41                         A. 9006--C
 
 GRAPH  A  OF  SUBDIVISION  ONE  OF  THIS  SECTION, THE enrollment factor
 percent is the percentage obtained by dividing the number of credits the
 student is enrolled in, as certified by the school,  by  the  number  of
 credits required for full-time study in the semester, quarter or term as
 defined  by  the commissioner.   FOR PART-TIME STUDENTS DEFINED IN PARA-
 GRAPH B OF SUBDIVISION ONE OF THIS SECTION, THE ENROLLMENT FACTOR  SHALL
 BE  CALCULATED  PURSUANT TO REGULATIONS ESTABLISHED BY THE HIGHER EDUCA-
 TION SERVICES CORPORATION.
   b. [Any] (I) FOR PART-TIME STUDENTS DEFINED IN PARAGRAPH A OF SUBDIVI-
 SION ONE OF THIS SECTION, ANY semester, quarter or  term  of  attendance
 during  which a student receives an award pursuant to this section shall
 be counted as the enrollment factor percent of a  semester,  quarter  or
 term  toward  the  maximum  term  of  eligibility for tuition assistance
 awards pursuant to section six hundred sixty-seven of this article.  The
 total period of study for which payment may be made shall not exceed the
 equivalent of the maximum period authorized for that award.
   (II)  FOR PART-TIME STUDENTS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE
 OF THIS SECTION, THE TOTAL PERIOD OF STUDY FOR WHICH PAYMENT MAY BE MADE
 SHALL NOT EXCEED THE EQUIVALENT OF THE MAXIMUM PERIOD AUTHORIZED FOR THE
 NON-DEGREE WORKFORCE CREDENTIAL  PROGRAM  PURSUANT  TO  PARAGRAPH  B  OF
 SUBDIVISION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART F
 
   Section  1.  Subparagraph  (v)  of  paragraph  b-1 of subdivision 4 of
 section 661 of the education law is REPEALED.
   § 2. Subparagraphs (iii) and (iv) of paragraph b-1 of subdivision 4 of
 section 661 of the education  law, as added by section 1 of  part  Z  of
 chapter 58 of the laws of 2011, are amended to read as follows:
   (iii) does not maintain good academic standing pursuant to paragraph c
 of  subdivision  six  of section six hundred sixty-five of this subpart,
 and if there is  no  applicable  existing  academic  standards  schedule
 pursuant to such subdivision, then such recipient shall be placed on the
 academic  standards  schedule applicable to students enrolled in a four-
 year or five-year undergraduate program; OR
   (iv) is in default in the repayment of any state  or  federal  student
 loan,  has  failed  to  comply  with  the terms of any service condition
 imposed by an academic performance award made pursuant to this  article,
 or has failed to make a refund of any award[; or].
   §  3. Paragraph d of subdivision 6 of section 661 of the education law
 is REPEALED.
   § 4. This act shall take effect immediately.
                                  PART G
 
   Section 1.  Subdivision 2 of section 669-h of the  education  law,  as
 amended  by  section  1  of part G of chapter 56 of the laws of 2021, is
 amended to read as follows:
   2. Amount. Within amounts appropriated therefor and  based  on  avail-
 ability  of  funds, awards shall be granted beginning with the two thou-
 sand seventeen--two thousand eighteen academic year  and  thereafter  to
 applicants  that  the corporation has determined are eligible to receive
 such awards. The corporation shall grant such awards in an amount up  to
 five thousand five hundred dollars or actual tuition, whichever is less;
 provided,  however, (a) a student who receives educational grants and/or
 S. 8006--C                         42                         A. 9006--C
 scholarships that cover the student's full cost of attendance shall  not
 be eligible for an award under this program; and (b) an award under this
 program  shall  be  applied to tuition after the application of payments
 received  under  the  tuition assistance program pursuant to section six
 hundred sixty-seven of this subpart, tuition credits pursuant to section
 six hundred eighty-nine-a of this article, federal Pell  grant  pursuant
 to  section  one  thousand  seventy of title twenty of the United States
 code, et seq., and any other program that covers the cost of  attendance
 unless  exclusively  for  non-tuition expenses, and the award under this
 program shall be reduced in the amount equal to such payments,  provided
 that  the  combined  benefits  do  not exceed five thousand five hundred
 dollars. Upon notification of an award under this program, the  institu-
 tion  shall  defer the amount of tuition. Notwithstanding paragraph h of
 subdivision two of section three hundred fifty-five and paragraph (a) of
 subdivision seven of section six thousand two hundred six of this  chap-
 ter,  and  any other law, rule or regulation to the contrary, the under-
 graduate tuition charged by the institution to recipients  of  an  award
 shall not exceed the tuition rate established by the institution for the
 two  thousand  sixteen--two  thousand  seventeen academic year provided,
 however, that in the two thousand [twenty-three]  TWENTY-TWO--two  thou-
 sand [twenty-four] TWENTY-THREE academic year and every year thereafter,
 the undergraduate tuition charged by the institution to recipients of an
 award shall be reset to equal the tuition rate established by the insti-
 tution  for  the  forthcoming  academic  year, provided further that the
 tuition credit calculated pursuant to section six hundred  eighty-nine-a
 of  this  article  shall  be applied toward the tuition rate charged for
 recipients of an award under this program.   Provided further  that  the
 state  university  of New York and the city university of New York shall
 provide an additional tuition credit to students receiving an  award  to
 cover the remaining cost of tuition.
   § 2. This act shall take effect immediately.
 
                                  PART H
 
   Section  1.  Subdivision  5  of section 695-b of the education law, as
 amended by chapter 535 of the laws  of  2000,  is  amended  to  read  as
 follows:
   5.  "Eligible  educational institution" shall mean (A) any institution
 of higher education defined as an eligible  educational  institution  in
 section  529(e)(5)  of the Internal Revenue Code of 1986, as amended, OR
 (B) ANY APPRENTICESHIP PROGRAM DESCRIBED IN  SECTION  529(C)(8)  OF  THE
 INTERNAL REVENUE CODE OF 1986, AS AMENDED.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
                           Intentionally Omitted
 
                                  PART J
 
                           Intentionally Omitted
 
                                  PART K
 S. 8006--C                         43                         A. 9006--C
 
                           Intentionally Omitted
 
                                  PART L
 
   Section  1. Subdivision 2 of section 410-u of the social services law,
 as added by section 52 of part B of chapter 436 of the laws of 1997,  is
 amended to read as follows:
   2.  The  state  block  grant  for child care shall be divided into two
 parts pursuant to a plan developed by the department and approved by the
 director of the budget.   One part shall be retained  by  the  state  to
 provide  child  care  on  a  statewide  basis  to special groups and for
 activities to increase the availability and/or  quality  of  child  care
 programs,  including,  but  not  limited  to, the start-up of child care
 programs, the operation of child care resource  and  referral  programs,
 training  activities,  the  regulation  and  monitoring  of  child  care
 programs, the development of computerized  data  systems,  and  consumer
 education,  provided  however,  that  child  care  resource and referral
 programs funded under title five-B of article six of this chapter  shall
 meet  additional  performance  standards  developed by the department of
 social services including but not limited to: increasing the  number  of
 child  care  placements  for  persons  who  are  at or below two hundred
 PERCENT OF THE STATE INCOME STANDARD, OR THREE HUNDRED  percent  of  the
 state  income  standard EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO,
 PROVIDED SUCH PERSONS ARE AT OR BELOW EIGHTY-FIVE PERCENT OF  THE  STATE
 MEDIAN  INCOME,  with emphasis on placements supporting local efforts in
 meeting federal and state work  participation  requirements,  increasing
 technical  assistance  to  all modalities of legal child care to persons
 who are at or below two hundred PERCENT OF THE STATE INCOME STANDARD, OR
 THREE HUNDRED percent of the state income standard[,]  EFFECTIVE  AUGUST
 FIRST,  TWO  THOUSAND  TWENTY-TWO, PROVIDED SUCH PERSONS ARE AT OR BELOW
 EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME, including the  provision
 of training to assist providers in meeting child care standards or regu-
 latory  requirements,  and  creating  new  child care opportunities, and
 assisting social services districts in assessing and responding to child
 care needs for persons at or below two  hundred  PERCENT  OF  THE  STATE
 INCOME  STANDARD,  OR THREE HUNDRED percent of the state income standard
 EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO, PROVIDED  SUCH  PERSONS
 ARE  AT  OR  BELOW  EIGHTY-FIVE  PERCENT OF THE STATE MEDIAN INCOME. The
 department shall have the authority to withhold funds from  those  agen-
 cies  which  do not meet performance standards. Agencies whose funds are
 withheld may have funds restored upon achieving  performance  standards.
 The  other  part  shall  be  allocated  to  social services districts to
 provide child care assistance to families receiving family    assistance
 and to other low income families.
   § 2. Subdivisions 1 and 3 of section 410-w of the social services law,
 as  amended by chapter 569 of the laws of 2001, are amended a new subdi-
 vision 10 is added to read as follows:
   1. A social services district may use the funds allocated to  it  from
 the block grant to provide child care assistance to:
   (a)  families receiving public assistance when such child care assist-
 ance is necessary: to enable a parent or caretaker relative to engage in
 work, participate in work activities  or  perform  a  community  service
 pursuant  to  title  nine-B of article five of this chapter; to enable a
 teenage parent to  attend  high  school  or  other  equivalent  training
 program;  because  the  parent  or  caretaker  relative is physically or
 S. 8006--C                         44                         A. 9006--C
 
 mentally incapacitated; or because family duties away from home necessi-
 tate the parent or caretaker relative's absence; child day care shall be
 provided during breaks in activities, for a period of up to  two  weeks.
 Such child day care may be authorized for a period of up to one month if
 child  care arrangements shall be lost if not continued, and the program
 or employment is scheduled to begin within such period;
   (b) families with incomes up to  two  hundred  PERCENT  OF  THE  STATE
 INCOME  STANDARD,  OR THREE HUNDRED percent of the state income standard
 EFFECTIVE AUGUST FIRST,  TWO  THOUSAND  TWENTY-TWO  who  are  attempting
 through work activities to transition off of public assistance when such
 child  care  is necessary in order to enable a parent or caretaker rela-
 tive to engage in work provided such  families'  public  assistance  has
 been terminated as a result of increased hours of or income from employ-
 ment  or  increased  income  from  child  support payments or the family
 voluntarily ended assistance; [and,] provided that the  family  received
 public  assistance  at least three of the six months preceding the month
 in which eligibility for such assistance terminated or ended or provided
 that such family has received child care  assistance  under  subdivision
 four  of  this  section; AND PROVIDED, THE FAMILY INCOME DOES NOT EXCEED
 EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME;
   (c) families with incomes up to  two  hundred  PERCENT  OF  THE  STATE
 INCOME  STANDARD,  OR THREE HUNDRED percent of the state income standard
 EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO, which are determined in
 accordance with the regulations of the  department  to  be  at  risk  of
 becoming  dependent  on  family  assistance; PROVIDED, THE FAMILY INCOME
 DOES NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME;
   (d) families with incomes up to  two  hundred  PERCENT  OF  THE  STATE
 INCOME  STANDARD,  OR THREE HUNDRED percent of the state income standard
 EFFECTIVE AUGUST FIRST, TWO THOUSAND TWENTY-TWO,  who  are  attending  a
 post  secondary  educational program [and working at least seventeen and
 one-half hours per week]; PROVIDED, THE FAMILY INCOME  DOES  NOT  EXCEED
 EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME; and
   (e) other families with incomes up to two hundred PERCENT OF THE STATE
 INCOME  STANDARD,  OR THREE HUNDRED percent of the state income standard
 EFFECTIVE AUGUST  FIRST,  TWO  THOUSAND  TWENTY-TWO,  which  the  social
 services district designates in its consolidated services plan as eligi-
 ble for child care assistance in accordance with criteria established by
 the  department; PROVIDED, THE FAMILY INCOME DOES NOT EXCEED EIGHTY-FIVE
 PERCENT OF THE STATE MEDIAN INCOME.
   3. A social services district shall guarantee child care assistance to
 families in receipt of public assistance with  children  under  thirteen
 years  of  age when such child care assistance is necessary for a parent
 or caretaker relative to engage in work or participate  in  work  activ-
 ities pursuant to the provisions of title nine-B of article five of this
 chapter.  Child care assistance shall continue to be guaranteed for such
 a family for a period of twelve months after  the  month  in  which  the
 family's  eligibility for public assistance has terminated or ended when
 such child care is necessary in order to enable the parent or  caretaker
 relative to engage in work, provided that the family's public assistance
 has been terminated as a result of an increase in the hours of or income
 from  employment  or  increased  income  from  child support payments or
 because  the  family  voluntarily  ended  assistance;  that  the  family
 received public assistance in at least three of the six months preceding
 the  month  in which eligibility for such assistance terminated or ended
 or provided that such family has received child  care  assistance  under
 subdivision  four  of  this section; [and] that the family's income does
 S. 8006--C                         45                         A. 9006--C
 
 not exceed two hundred PERCENT OF THE STATE INCOME  STANDARD,  OR  THREE
 HUNDRED percent of the state income standard EFFECTIVE AUGUST FIRST, TWO
 THOUSAND  TWENTY-TWO; AND THAT THE FAMILY INCOME DOES NOT EXCEED EIGHTY-
 FIVE  PERCENT  OF  THE  STATE  MEDIAN  INCOME. Such child day care shall
 recognize the need for continuity of care for the child and  a  district
 shall  not move a child from an existing provider unless the participant
 consents to such move.
   10. FOR THE PURPOSES OF THIS SECTION, THE TERM "STATE  MEDIAN  INCOME"
 MEANS  THE  MOST RECENT STATE MEDIAN INCOME DATA PUBLISHED BY THE BUREAU
 OF THE CENSUS, FOR A FAMILY OF THE SAME SIZE, UPDATED BY THE  DEPARTMENT
 FOR  A  FAMILY  SIZE  OF  FOUR AND ADJUSTED BY THE DEPARTMENT FOR FAMILY
 SIZE.
   § 3. This act shall take effect immediately; provided,  however,  that
 section two of this act shall take effect June 1, 2022.
 
                                  PART M
 
   Section  1.  Section  3  of  part N of chapter 56 of the laws of 2020,
 amending the social services law relating to restructuring financing for
 residential school placements, as amended by section  1  of  part  I  of
 chapter 56 of the laws of 2021, is amended to read as follows:
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed April 1, [2022] 2023; provided however that  the  amend-
 ments  to  subdivision 10 of section 153 of the social services law made
 by section one of this act, shall not  affect  the  expiration  of  such
 subdivision and shall be deemed to expire therewith.
   § 2. This act shall take effect immediately.
 
                                  PART N
 
   Section  1.  Section  28  of part C of chapter 83 of the laws of 2002,
 amending the executive law and other laws relating to funding for  chil-
 dren and family services, as amended by section 1 of subpart A of part K
 of chapter 56 of the laws of 2017, is amended to read as follows:
   §  28.  This act shall take effect immediately; provided that sections
 nine through eighteen and twenty through twenty-seven of this act  shall
 be  deemed  to  have been in full force and effect on and after April 1,
 2002; provided, however, that section fifteen of this act shall apply to
 claims that are otherwise reimbursable by the state on or after April 1,
 2002 except as provided in subdivision 9 of section 153-k of the  social
 services  law  as added by section fifteen of this act; provided further
 however, that nothing in this act shall authorize the office of children
 and family services to deny state reimbursement  to  a  social  services
 district for violations of the provisions of section 153-d of the social
 services  law  for  services provided from January 1, 1994 through March
 31, 2002; provided that section nineteen of this act shall  take  effect
 September  13,  2002  and  shall  expire and be deemed repealed June 30,
 2012; and, provided further, however, that notwithstanding  any  law  to
 the  contrary, the office of children and family services shall have the
 authority to promulgate, on an emergency  basis,  any  rules  and  regu-
 lations  necessary to implement the requirements established pursuant to
 this act; provided further, however, that the regulations to  be  devel-
 oped  pursuant  to section one of this act shall not be adopted by emer-
 gency rule; and provided further that the provisions  of  sections  nine
 through  eighteen  and  twenty  through  twenty-seven  of this act shall
 expire and be deemed repealed on June 30, [2022] 2027.
 S. 8006--C                         46                         A. 9006--C
   § 2. This act shall take effect immediately.
 
                                  PART O
 
   Section  1.  Section  398-a  of  the social services law is amended by
 adding a new subdivision 2-c to read as follows:
   (2-C) THOSE SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST, TWO THOU-
 SAND TWENTY-TWO WERE PAYING AT LEAST ONE HUNDRED PERCENT OF THE APPLICA-
 BLE RATES PUBLISHED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  FOR
 THE  TWO  THOUSAND  TWENTY-TWO--TWO  THOUSAND TWENTY-THREE RATE YEAR FOR
 CARE PROVIDED TO FOSTER CHILDREN IN REGULAR, THERAPEUTIC, SPECIAL NEEDS,
 AND EMERGENCY FOSTER BOARDING HOMES SHALL PAY FOR THE TWO THOUSAND TWEN-
 TY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND FOR EACH SUBSEQUENT RATE
 YEAR THEREAFTER AT LEAST ONE HUNDRED PERCENT  OF  THE  APPLICABLE  RATES
 PUBLISHED  BY  THE  OFFICE OF CHILDREN AND FAMILY SERVICES FOR THAT RATE
 YEAR. THOSE SOCIAL SERVICES DISTRICTS THAT AS OF JULY FIRST,  TWO  THOU-
 SAND  TWENTY-TWO WERE PAYING LESS THAN THE APPLICABLE RATES PUBLISHED BY
 THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE TWO THOUSAND  TWENTY-
 TWO--TWO  THOUSAND  TWENTY-THREE  RATE  YEAR FOR CARE PROVIDED TO FOSTER
 CHILDREN IN REGULAR, THERAPEUTIC, SPECIAL  NEEDS  AND  EMERGENCY  FOSTER
 BOARDING  HOMES SHALL INCREASE THEIR RATES OF PAYMENT SO THAT: EFFECTIVE
 JULY FIRST, TWO THOUSAND TWENTY-TWO THE DIFFERENCE BETWEEN THE  PERCENT-
 AGE  OF  THE  APPLICABLE  RATES  PUBLISHED BY THE OFFICE OF CHILDREN AND
 FAMILY SERVICES FOR THE TWO THOUSAND  TWENTY-TWO--TWO  THOUSAND  TWENTY-
 THREE  RATE  YEAR  AND  THE  RATES SUCH DISTRICTS ARE PAYING IS AT LEAST
 ONE-HALF LESS THAN THE DIFFERENCE BETWEEN THE PERCENTAGE OF THE APPLICA-
 BLE RATES PUBLISHED BY THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  FOR
 THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE RATE YEAR AND THE
 RATES  THAT  SUCH DISTRICTS WERE PAYING FOR SUCH PROGRAMS ON JULY FIRST,
 TWO THOUSAND TWENTY-TWO; AND EFFECTIVE JULY FIRST, TWO THOUSAND  TWENTY-
 THREE  FOR  THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR RATE
 YEAR AND  FOR  EACH  SUBSEQUENT  YEAR  THEREAFTER  ALL  SOCIAL  SERVICES
 DISTRICTS SHALL PAY AT LEAST ONE HUNDRED PERCENT OF THE APPLICABLE RATES
 PUBLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE APPLICA-
 BLE RATE YEAR.
   § 2. This act shall take effect immediately.
 
                                  PART P
 
                           Intentionally Omitted
 
                                  PART Q
 
                           Intentionally Omitted
 
                                  PART R
 
   Section  1.  Subdivision  1  of  section  359 of the executive law, as
 amended by section 42 of part AA of chapter 56 of the laws of  2019,  is
 amended to read as follows:
   1.  A  local  director  shall  designate the location of the local and
 branch offices of the local veterans' service agency within his  or  her
 jurisdiction,  which  offices shall be open during convenient hours. The
 cost of maintenance and operation of a county veterans'  service  agency
 S. 8006--C                         47                         A. 9006--C
 
 shall  be a county charge and the cost of maintenance and operation of a
 city veterans' service agency shall be a city charge, excepting that the
 state director with the approval of the  veterans'  services  commission
 shall  allot and pay, from state moneys made available to him or her for
 such purposes, to each county veterans' service  agency  and  each  city
 veterans'  service  agency,  an  amount equal to fifty per centum of its
 expenditures for maintenance and operation approved by the state  direc-
 tor,  provided  that  in no event shall the amount allotted and paid for
 such approved expenditures incurred in any given year exceed (1) in  the
 case  of  any county veterans' service agency in a county having a popu-
 lation of not more than one hundred thousand or in the case of any  city
 veterans'  service agency in a city having a population of not more than
 one hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, nor
 (2) in the case of any county  veterans'  service  agency  in  a  county
 having  a  population  in  excess  of one hundred thousand excluding the
 population of any city therein which has a city veterans' service  agen-
 cy,  the  sum  of  [ten]  TWENTY-FIVE thousand dollars, and, in addition
 thereto, the sum of five thousand dollars for each one hundred thousand,
 or major portion thereof, of the population of the county in  excess  of
 one  hundred thousand excluding the population of any city therein which
 has a city veterans' service agency, nor (3) in the  case  of  any  city
 veterans'  service agency in a city having a population in excess of one
 hundred thousand, the sum of [ten] TWENTY-FIVE thousand dollars, and, in
 addition thereto, the sum of five thousand dollars for each one  hundred
 thousand,  or  major  portion  thereof, of the population of the city in
 excess of one hundred thousand. Such population shall  be  certified  in
 the  same  manner as provided by section fifty-four of the state finance
 law.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 expenditures made on and after April 1, 2022.
 
                                  PART S
 
   Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
 section 131-o of the social services law, as amended  by  section  1  of
 part  P  of  chapter  56  of  the  laws  of 2021, are amended to read as
 follows:
   (a) in the case of each individual receiving family  care,  an  amount
 equal to at least [$152.00] $161.00 for each month beginning on or after
 January first, two thousand [twenty-one] TWENTY-TWO.
   (b)  in  the  case  of  each individual receiving residential care, an
 amount equal to at least [$176.00] $186.00 for each month  beginning  on
 or after January first, two thousand [twenty-one] TWENTY-TWO.
   (c)  in  the  case  of  each individual receiving enhanced residential
 care, an amount equal to at  least  [$210.00]  $222.00  for  each  month
 beginning  on  or after January first, two thousand [twenty-one] TWENTY-
 TWO.
   (d) for the period commencing January first, two thousand [twenty-two]
 TWENTY-THREE, the monthly personal needs allowance shall  be  an  amount
 equal  to  the sum of the amounts set forth in subparagraphs one and two
 of this paragraph:
   (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
 subdivision; and
   (2)  the  amount  in subparagraph one of this paragraph, multiplied by
 the percentage of any  federal  supplemental  security  income  cost  of
 living adjustment which becomes effective on or after January first, two
 S. 8006--C                         48                         A. 9006--C
 
 thousand  [twenty-two]  TWENTY-THREE,  but  prior to June thirtieth, two
 thousand [twenty-two] TWENTY-THREE, rounded to the nearest whole dollar.
   §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
 section 209 of the social services law, as amended by section 2 of  part
 P of chapter 56 of the laws of 2021, are amended to read as follows:
   (a)  On and after January first, two thousand [twenty-one] TWENTY-TWO,
 for an eligible individual living alone, [$881.00] $928.00; and  for  an
 eligible couple living alone, [$1,295.00] $1,365.00.
   (b)  On and after January first, two thousand [twenty-one] TWENTY-TWO,
 for an eligible individual living with others with  or  without  in-kind
 income, [$817.00] $864.00; and for an eligible couple living with others
 with or without in-kind income, [$1,237.00] $1,307.00.
   (c)  On and after January first, two thousand [twenty-one] TWENTY-TWO,
 (i) for  an  eligible  individual  receiving  family  care,  [$1,060.48]
 $1,107.48 if he or she is receiving such care in the city of New York or
 the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
 eligible couple receiving family care in the city of  New  York  or  the
 county of Nassau, Suffolk, Westchester or Rockland, two times the amount
 set  forth in subparagraph (i) of this paragraph; or (iii) for an eligi-
 ble individual receiving such care in any other  county  in  the  state,
 [$1,022.48]  $1,069.48;  and  (iv) for an eligible couple receiving such
 care in any other county in the state, two times the amount set forth in
 subparagraph (iii) of this paragraph.
   (d) On and after January first, two thousand [twenty-one]  TWENTY-TWO,
 (i)  for  an eligible individual receiving residential care, [$1,229.00]
 $1,276.00 if he or she is receiving such care in the city of New York or
 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
 eligible  couple  receiving  residential care in the city of New York or
 the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
 amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
 eligible individual receiving such care  in  any  other  county  in  the
 state,  [$1,199.00] $1,246.00; and (iv) for an eligible couple receiving
 such care in any other county in the state, two  times  the  amount  set
 forth in subparagraph (iii) of this paragraph.
   (e)  On and after January first, two thousand [twenty-one] TWENTY-TWO,
 (i) for an eligible  individual  receiving  enhanced  residential  care,
 [$1,488.00]  $1,535.00;  and  (ii)  for  an  eligible  couple  receiving
 enhanced residential care, two times the amount set  forth  in  subpara-
 graph (i) of this paragraph.
   (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
 vision  shall  be  increased to reflect any increases in federal supple-
 mental security income benefits for individuals or couples which  become
 effective  on  or after January first, two thousand [twenty-two] TWENTY-
 THREE but prior to June thirtieth,  two  thousand  [twenty-two]  TWENTY-
 THREE.
   § 3. This act shall take effect December 31, 2022.
 
                                  PART T
   Section  1.  Section 4 of part W of chapter 54 of the laws of 2016, as
 amended by section 1 of part M of chapter 56 of the laws of 2019, amend-
 ing the social services law relating to the powers and duties    of  the
 commissioner  of social services relating to the appointment of a tempo-
 rary operator, is amended to read as follows:
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2016, provided
 S. 8006--C                         49                         A. 9006--C
 
 further that this act shall expire and  be  deemed  repealed  March  31,
 [2022] 2025.
   § 2. This act shall take effect immediately.
 
                                  PART U
 
   Section 1. Subdivision 4 of section 158 of the social services law, as
 amended  by  section 44 of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   4. Social services officials shall determine  eligibility  for  safety
 net  assistance within [forty-five] THIRTY days of receiving an applica-
 tion for safety net assistance. Such officials shall  notify  applicants
 of  safety  net  assistance about the availability of assistance to meet
 emergency circumstances or to prevent eviction.
   § 2. Subdivision 8 of section 153  of  the  social  services  law,  as
 amended  by  chapter  41  of  the  laws  of  1992, is amended to read as
 follows:
   8. Any inconsistent provision of the law or regulation of the  depart-
 ment  notwithstanding,  state  reimbursement  shall  not be made for any
 expenditure made for the duplication of any grant and allowance for  any
 period,  except  as  authorized  by  subdivision  eleven  of section one
 hundred thirty-one of this chapter[, or for any home relief payment made
 for periods prior to forty-five days after the filing of an  application
 unless  the  district determines pursuant to department regulations that
 such assistance is required to meet emergency circumstances  or  prevent
 eviction].  Notwithstanding  any other provision of law, social services
 districts are not required to provide [home relief] SAFETY  NET  ASSIST-
 ANCE  to  any  person, otherwise eligible, if state reimbursement is not
 available in accordance with this subdivision.
   § 3. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 8 of
 section 131-a of the social services law, subparagraph (ii)  as  amended
 by  section 12 of part B of chapter 436 of the laws of 1997 and subpara-
 graph (iii) as amended by chapter 246 of the laws of 2002,  are  amended
 to read as follows:
   (ii)  FIFTY PERCENT OF THE EARNED INCOME FOR SUCH MONTH OF ANY RECIPI-
 ENT; PROVIDED, HOWEVER, THAT SUCH PERCENTAGE AMOUNT SHALL BE ADJUSTED IN
 JUNE OF EACH YEAR TO REFLECT CHANGES IN THE MOST RECENTLY ISSUED POVERTY
 GUIDELINES OF THE UNITED STATES BUREAU OF THE CENSUS, SUCH THAT A HOUSE-
 HOLD OF THREE WITHOUT SPECIAL NEEDS, LIVING IN A HEATED APARTMENT IN NEW
 YORK CITY AND  WITHOUT  UNEARNED  INCOME  WOULD  BECOME  INELIGIBLE  FOR
 ASSISTANCE WITH GROSS EARNINGS EQUAL TO THE POVERTY LEVEL IN SUCH GUIDE-
 LINES;
   (III)  from  the  earned income of any child, APPLICANT, RECIPIENT, or
 relative applying for or receiving aid pursuant to such program,  or  of
 any  other  individual living in the same household as such relative and
 child whose needs are taken into account in making  such  determination,
 [the  first  ninety]  ONE  HUNDRED  FIFTY dollars of the [total of such]
 earned income for such month THAT REMAINS AFTER APPLICATION OF  SUBPARA-
 GRAPH (II) OF THIS PARAGRAPH;
   [(iii)  forty-two  percent  of the earned income for such month of any
 recipient in a household containing  a  dependent  child  which  remains
 after   application  of  all  other  subparagraphs  of  this  paragraph;
 provided, however, that such percentage amount shall be adjusted in June
 of each year, commencing in nineteen hundred  ninety-eight,  to  reflect
 changes  in  the  most  recently issued poverty guidelines of the United
 States Bureau of the Census, such that  a  household  of  three  without
 S. 8006--C                         50                         A. 9006--C
 special needs, living in a heated apartment in New York city and without
 unearned  income would become ineligible for assistance with gross earn-
 ings equal to the poverty level in such guidelines;  provided,  however,
 that no assistance shall be given to any household with gross earned and
 unearned  income, exclusive of income described in subparagraphs (i) and
 (vi) of this paragraph, in excess of such poverty level;]
   § 4. Subdivision 10 of section 131-a of the  social  services  law  is
 REPEALED.
   §  5.  Subdivision  1  of section 131-n of the social services law, as
 separately amended by chapters   323 and 329 of the  laws  of  2019,  is
 amended to read as follows:
   1.  The  following resources shall be exempt and disregarded in calcu-
 lating the amount of benefits of any household under any public  assist-
 ance program: (a) cash and liquid or nonliquid resources up to two thou-
 sand  FIVE  HUNDRED  dollars  for  applicants, [or] three thousand SEVEN
 HUNDRED FIFTY dollars FOR APPLICANTS in  [the  case  of]  households  in
 which  any  member  is sixty years of age or older OR IS DISABLED OR TEN
 THOUSAND DOLLARS FOR RECIPIENTS, (b) an amount up to four  thousand  six
 hundred fifty dollars in a separate bank account established by an indi-
 vidual  while currently in receipt of assistance for the sole purpose of
 enabling the individual to purchase a first or replacement  vehicle  for
 the  recipient  to  seek,  obtain or maintain employment, so long as the
 funds are not used for any other purpose, (c) an amount up to one  thou-
 sand  four  hundred dollars in a separate bank account established by an
 individual while currently in receipt of assistance for the  purpose  of
 paying  tuition  at  a  two-year  or four-year accredited post-secondary
 educational institution, so long as the funds are not used for any other
 purpose, (d) the home which is the usual residence of the household, (e)
 one automobile, up to ten thousand dollars fair  market  value,  through
 March thirty-first, two thousand seventeen; one automobile, up to eleven
 thousand  dollars  fair  market  value,  from  April first, two thousand
 seventeen through March thirty-first, two  thousand  eighteen;  and  one
 automobile,  up  to twelve thousand dollars fair market value, beginning
 April first, two thousand eighteen and thereafter, or such other  higher
 dollar  value  as the local social services district may elect to adopt,
 (f) one burial plot per household member as defined in department  regu-
 lations,  (g) bona fide funeral agreements up to a total of one thousand
 five hundred dollars in equity value per household member, (h) funds  in
 an  individual development account established in accordance with subdi-
 vision five of section three hundred fifty-eight  of  this  chapter  and
 section  four hundred three of the social security act, (i) for a period
 of six months, real property which the household is making a good  faith
 effort  to  sell, in accordance with department regulations and tangible
 personal property necessary for business or for employment  purposes  in
 accordance  with  department  regulations,  and (j) funds in a qualified
 tuition program that satisfies the requirement of  section  529  of  the
 Internal  Revenue Code of 1986, as amended, and [(j)] (K) funds in a New
 York achieving a better life experience savings account  established  in
 accordance with article eighty-four of the mental hygiene law.
   If  federal  law  or regulations require the exemption or disregard of
 additional income and resources in determining need for  family  assist-
 ance,  or medical assistance not exempted or disregarded pursuant to any
 other provision of this chapter,  the  department  may,  by  regulations
 subject  to  the  approval of the director of the budget, require social
 services officials to exempt or disregard  such  income  and  resources.
 S. 8006--C                         51                         A. 9006--C
 
 Refunds resulting from earned income tax credits shall be disregarded in
 public assistance programs.
   §  6.  This  act shall take effect October 1, 2022; provided, however,
 that effective immediately, any percentage adjustments reflecting chang-
 es in the poverty guidelines of the United States Bureau of  the  Census
 required  in  subparagraph  (iii)  of  paragraph (a) of subdivision 8 of
 section 131-a of the social services law through September 30, 2022, and
 in subparagraph (ii) of paragraph (a) of subdivision 8 of section  131-a
 of  the social services law on and after October 1, 2022, shall not take
 effect in the year 2022; and provided further  that  the  amendments  to
 subdivision  1  of  section  131-n  of  the  social services law made by
 section five of this act shall not affect the expiration of such section
 and shall be deemed to expire therewith.
 
                                  PART V
 
                           Intentionally Omitted
 
                                  PART W
 
                           Intentionally Omitted
 
                                  PART X
 
                           Intentionally Omitted
 
                                  PART Y
 
                           Intentionally Omitted
 
                                  PART Z
 
   Section 1. Notwithstanding any other provision  of  law,  the  housing
 trust  fund  corporation  may  provide, for purposes of the neighborhood
 preservation program, a sum not to exceed  $12,930,000  for  the  fiscal
 year ending March 31, 2023.  Within this total amount, $250,000 shall be
 used  for the purpose of entering into a contract with  the neighborhood
 preservation  coalition  to provide technical assistance and services to
 companies funded pursuant to article 16 of the private housing   finance
 law.    Notwithstanding  any  other provision of law, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing  any costs associated with neighborhood preservation program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $12,930,000,  such  transfer  to be made from (i) the special account of
 the mortgage insurance fund created pursuant to section  2429-b  of  the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2021-2022  in accordance with section 2429-b of the public
 authorities law, if any, and/or (ii) provided that the reserves  in  the
 S. 8006--C                         52                         A. 9006--C
 
 project  pool  insurance  account of the mortgage insurance fund created
 pursuant to section 2429-b of the public authorities law are  sufficient
 to  attain and maintain the credit rating (as determined by the state of
 New  York  mortgage  agency) required to accomplish the purposes of such
 account, the project pool insurance account of  the  mortgage  insurance
 fund,  such transfer to be made as soon as practicable but no later than
 June 30, 2022.
   § 2. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may  provide,  for purposes of the rural preservation
 program, a sum not to exceed $5,460,000 for the fiscal year ending March
 31, 2023.  Within this total amount, $250,000  shall  be  used  for  the
 purpose  of entering into a contract with  the  rural housing  coalition
 to provide technical assistance and services to companies funded  pursu-
 ant to article 17 of the private  housing  finance law.  Notwithstanding
 any  other provision of law, and subject to the approval of the New York
 state director of the budget, the board of directors of the state of New
 York mortgage agency shall authorize the transfer to the  housing  trust
 fund  corporation,  for the purposes of reimbursing any costs associated
 with rural preservation program contracts authorized by this section,  a
 total  sum  not  to exceed $5,460,000, such transfer to be made from (i)
 the special account of the mortgage insurance fund created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2021-2022 in accordance with  section  2429-b
 of  the  public  authorities  law, if any, and/or (ii) provided that the
 reserves in the project pool insurance account of the mortgage insurance
 fund created pursuant to section 2429-b of the  public  authorities  law
 are  sufficient  to attain and maintain the credit rating (as determined
 by the state of New York mortgage agency)  required  to  accomplish  the
 purposes  of  such  account,  the  project pool insurance account of the
 mortgage insurance fund, such transfer to be made as soon as practicable
 but no later than June 30, 2022.
   § 3. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may provide, for purposes of the rural rental assist-
 ance program pursuant to article 17-A of  the  private  housing  finance
 law,  a  sum  not to exceed $21,630,000 for the fiscal year ending March
 31, 2023.  Notwithstanding any other provision of law,  and  subject  to
 the  approval of the New York state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  housing  trust  fund corporation, for the purposes of
 reimbursing any costs associated with rural  rental  assistance  program
 contracts  authorized  by  this  section,  a  total  sum  not  to exceed
 $21,630,000, such transfer to be made from (i) the  special  account  of
 the  mortgage  insurance  fund created pursuant to section 2429-b of the
 public authorities law, in an amount not to  exceed  the  actual  excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined  and  certified  by  the state of New York mortgage agency for the
 fiscal year 2021-2022 in accordance with section 2429-b  of  the  public
 authorities  law,  if any, and/or (ii) provided that the reserves in the
 project pool insurance account of the mortgage  insurance  fund  created
 pursuant  to section 2429-b of the public authorities law are sufficient
 to attain and maintain the credit rating, as determined by the state  of
 New  York  mortgage  agency, required to accomplish the purposes of such
 account, the project pool insurance account of  the  mortgage  insurance
 S. 8006--C                         53                         A. 9006--C
 
 fund,  such  transfer  shall be made as soon as practicable but no later
 than June 30, 2022.
   § 4. This act shall take effect immediately.
 
                                  PART AA
 
                           Intentionally Omitted
 
                                  PART BB
 
                           Intentionally Omitted
 
                                  PART CC
 
                           Intentionally Omitted
 
                                  PART DD
 
                           Intentionally Omitted
 
                                  PART EE
 
                           Intentionally Omitted
 
                                  PART FF
 
                           Intentionally Omitted
 
                                  PART GG
   Section  1. The executive law is amended by adding a new section 202-a
 to read as follows:
   § 202-A. LANGUAGE TRANSLATION SERVICES.  1.  EACH  STATE  AGENCY  THAT
 PROVIDES  DIRECT  PUBLIC  SERVICES IN NEW YORK STATE SHALL TRANSLATE ALL
 VITAL DOCUMENTS RELEVANT TO SERVICES OFFERED  BY  THE  AGENCY  INTO  THE
 TWELVE  MOST  COMMON  NON-ENGLISH  LANGUAGES  SPOKEN  BY LIMITED-ENGLISH
 PROFICIENT INDIVIDUALS IN THE STATE, BASED  ON  THE  DATA  IN  THE  MOST
 RECENT  AMERICAN  COMMUNITY  SURVEY  PUBLISHED  BY  UNITED STATES CENSUS
 BUREAU. AGENCIES SUBJECT TO THIS SECTION, IN THEIR DISCRETION, MAY OFFER
 UP TO FOUR ADDITIONAL LANGUAGES BEYOND THE TWELVE MOST COMMON LANGUAGES.
 SUCH ADDITIONAL LANGUAGES SHALL  BE  DECIDED  BY  THE  STATE  AGENCY  IN
 CONSULTATION  WITH  THE  OFFICE  OF GENERAL SERVICES AND APPROVED BY THE
 OFFICE OF GENERAL SERVICES BASED ON THE NUMBER OF LIMITED-ENGLISH PROFI-
 CIENT IMMIGRANTS OF FIVE YEARS OR LESS IN NEW  YORK  STATE  IN  NEED  OF
 LANGUAGE  TRANSLATION  SERVICES  ACCORDING  TO  THE  AMERICAN  COMMUNITY
 SURVEY, INCLUDING THE  GROWTH  OF  RECENT  ARRIVAL  POPULATIONS  IN  THE
 GEOGRAPHIC REGIONS IN WHICH THE AGENCY'S SERVICES ARE OFFERED, THE POPU-
 LATION  OF  LIMITED-ENGLISH PROFICIENT INDIVIDUALS SERVED BY THE AGENCY,
 FEEDBACK FROM IMPACTED COMMUNITY OR ADVOCACY GROUPS, AND ANY OTHER RELE-
 VANT DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
 S. 8006--C                         54                         A. 9006--C
   2. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL  DESIG-
 NATE  A  LANGUAGE  ACCESS  COORDINATOR  WHO WILL WORK WITH THE OFFICE OF
 GENERAL SERVICES TO ENSURE COMPLIANCE  WITH  THE  REQUIREMENTS  OF  THIS
 SECTION.
   3. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL DEVELOP
 A  LANGUAGE  ACCESS  PLAN  AND SUBMIT SUCH PLAN TO THE OFFICE OF GENERAL
 SERVICES.
   (A) AN AGENCY'S INITIAL LANGUAGE ACCESS PLAN SHALL BE  ISSUED  BY  THE
 AGENCY WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   (B)  LANGUAGE  ACCESS  PLANS  SHALL  BE UPDATED AND REISSUED EVERY TWO
 YEARS ON OR BEFORE JANUARY FIRST.
   (C) LANGUAGE ACCESS PLANS SHALL SET FORTH, AT A MINIMUM:
   (I) WHEN AND BY WHAT MEANS THE  AGENCY  WILL  PROVIDE  OR  IS  ALREADY
 PROVIDING LANGUAGE ASSISTANCE SERVICES;
   (II)  THE  TITLES  OF  ALL  AVAILABLE  TRANSLATED  DOCUMENTS  AND  THE
 LANGUAGES INTO WHICH THEY HAVE BEEN TRANSLATED;
   (III) THE NUMBER OF PUBLIC CONTACT POSITIONS IN  THE  AGENCY  AND  THE
 NUMBER  OF  BILINGUAL  EMPLOYEES  IN  PUBLIC  CONTACT POSITIONS, AND THE
 LANGUAGES SUCH EMPLOYEES SPEAK;
   (IV) A TRAINING PLAN FOR AGENCY EMPLOYEES WHICH INCLUDES, AT  MINIMUM,
 ANNUAL TRAINING ON THE LANGUAGE ACCESS POLICIES OF THE AGENCY AND TRAIN-
 ING IN HOW TO PROVIDE LANGUAGE ASSISTANCE SERVICES;
   (V)  A  PLAN FOR ANNUAL INTERNAL MONITORING OF THE AGENCY'S COMPLIANCE
 WITH THIS SECTION;
   (VI) A DESCRIPTION OF HOW THE AGENCY INTENDS TO NOTIFY THE  PUBLIC  OF
 THE AGENCY'S OFFERED LANGUAGE ASSISTANCE SERVICES;
   (VII)  AN  ASSESSMENT OF THE AGENCY'S SERVICE POPULATIONS TO DETERMINE
 WHETHER ADDITIONAL LANGUAGES OF TRANSLATION SHOULD BE ADDED  BEYOND  THE
 TOP TWELVE LANGUAGES;
   (VIII) AN EXPLANATION AS TO HOW THE AGENCY DETERMINED IT WOULD PROVIDE
 ANY ADDITIONAL LANGUAGE BEYOND THE TOP TWELVE LANGUAGES REQUIRED BY THIS
 SECTION; AND
   (IX) THE IDENTITY OF THE AGENCY'S LANGUAGE ACCESS COORDINATOR.
   4. EACH AGENCY SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL:
   (A) PROVIDE INTERPRETATION SERVICES BETWEEN THE AGENCY AND AN INDIVID-
 UAL  IN EACH INDIVIDUAL'S PRIMARY LANGUAGE WITH RESPECT TO THE PROVISION
 OF SERVICES OR BENEFITS BY THE AGENCY; AND
   (B) PUBLISH THE AGENCY'S LANGUAGE ACCESS PLAN ON THE AGENCY'S WEBSITE.
   5. FOR PURPOSES OF THIS SECTION, "VITAL DOCUMENT" MEANS ANY  PAPER  OR
 DIGITAL  DOCUMENT THAT CONTAINS INFORMATION THAT IS CRITICAL FOR OBTAIN-
 ING AGENCY SERVICES OR BENEFITS OR IS OTHERWISE REQUIRED TO BE COMPLETED
 BY LAW.
   6. THE OFFICE OF GENERAL SERVICES WILL ENSURE AGENCY  COMPLIANCE  WITH
 THIS  SECTION  AND  SHALL  PREPARE AN ANNUAL REPORT, WHICH SHALL BE MADE
 PUBLIC ON THE OFFICE OF GENERAL SERVICES WEBSITE, DETAILING  EACH  AGEN-
 CY'S PROGRESS AND COMPLIANCE WITH THIS SECTION.
   § 2. This act shall take effect July 1, 2022.
 
                                  PART HH
   Section  1.  Section  211 of the retirement and social security law is
 amended by adding a new subdivision 9 to read as follows:
   9. NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION,  SECTIONS  TWO
 HUNDRED  TWELVE  AND  FOUR  HUNDRED ONE OF THIS CHAPTER AND SECTION FIVE
 HUNDRED THREE OF THE EDUCATION LAW AND ANY OTHER LAW, REGULATION,  RULE,
 LOCAL  LAW, OR CHARTER TO THE CONTRARY, A RETIRED PERSON MAY BE EMPLOYED
 S. 8006--C                         55                         A. 9006--C
 
 AND EARN COMPENSATION IN A POSITION OR POSITIONS IN  THE  SERVICE  OF  A
 SCHOOL  DISTRICT  OR  A BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN THE
 STATE WITHOUT ANY EFFECT ON HIS OR HER STATUS  AS  RETIRED  AND  WITHOUT
 SUSPENSION  OR DIMINUTION OF HIS OR HER RETIREMENT ALLOWANCE AND WITHOUT
 PRIOR APPROVAL PURSUANT TO SUBDIVISION TWO  OF  THIS  SECTION.  EARNINGS
 RECEIVED  AS  A  RESULT OF EMPLOYMENT IN A SCHOOL DISTRICT OR A BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES IN THE STATE SHALL NOT BE APPLIED TO  A
 RETIRED  PERSON'S  EARNINGS  WHEN  CALCULATING  THE EARNINGS LIMITATIONS
 IMPOSED BY SUBDIVISIONS ONE AND TWO OF SECTION  TWO  HUNDRED  TWELVE  OF
 THIS ARTICLE.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed June 30, 2023.
 
                                  PART II
 
                           Intentionally Omitted
 
                                  PART JJ
 
   Section 1. Section 33 of chapter 277 of the laws of 2021 amending  the
 labor  law  relating  to  the calculation of weekly employment insurance
 benefits for workers who are partially unemployed, as amended by chapter
 305 of the laws of 2021, is amended to read as follows:
   § 33. This act shall take effect on the thirtieth day after  it  shall
 have  become  a law; provided, however, that sections one through thirty
 of this act shall take effect on April 1, [2022]  2023  or  thirty  days
 after  the  commissioner of labor certifies that the department of labor
 has an information technology system capable of accommodating the amend-
 ments in this act, whichever occurs earlier; provided that section thir-
 ty-one of this act shall take effect on the thirtieth day after it shall
 have become a law and shall be applicable to new claims on such date and
 thereafter and shall be deemed repealed on the same date as the  remain-
 ing provisions of this act take effect.  In a manner consistent with the
 provisions  of  this section, the commissioner of labor shall notify the
 legislative bill drafting commission upon issuing  his  or  her  certif-
 ication in order that the commission may maintain an accurate and timely
 effective data base of the official text of the laws of the state of New
 York  in  furtherance  of  effecting the provisions of section 44 of the
 legislative law and  section  70-b  of  the  public  officers  law,  and
 provided  further that the amendments to subdivision 1 of section 591 of
 the labor law made by section twelve of this act shall be subject to the
 expiration and reversion of such subdivision pursuant to section  10  of
 chapter  413  of  the  laws of 2003, as amended, when upon such date the
 provisions of section thirteen of this act shall take  effect;  provided
 further  that  the  amendments to section 591-a of the labor law made by
 section fifteen of this act shall not affect the repeal of such  section
 and shall be deemed repealed therewith.
   § 2. This act shall take effect immediately.
 
                                  PART KK
 
   Section  1.  The  office  of temporary and disability assistance shall
 develop program materials which will be made available to utilities  and
 community  agencies  for  the  purpose of informing the public about the
 availability of existing and  new  utility  assistance  programs.  Local
 S. 8006--C                         56                         A. 9006--C
 
 social  service  districts may contract for the provision of an outreach
 program to inform potentially eligible households of the availability of
 assistance pursuant to section 131-s of the social services law.
   § 2. This act shall take effect immediately.
 
                                  PART LL
 
   Section  1.  Section  36-c  of  the  social services law is amended by
 adding a new subdivision 5 to read as follows:
   5. UPON THE EFFECTIVE DATE OF THIS SUBDIVISION, SUCH  SOCIAL  SERVICES
 DISTRICT  SHALL  SUSPEND  IMPLEMENTATION  OF  THE DEMONSTRATION PROGRAM,
 PROVIDED THAT  (A)   THE RECIPIENT'S NEED FOR THE SHELTER  COMPONENT  OF
 TEMPORARY  HOUSING  ASSISTANCE  SHALL NOT BE REDUCED BY THE PORTION OF A
 RECIPIENT'S EARNED INCOME THAT THE RECIPIENT WOULD  HAVE  BEEN  REQUIRED
 UNDER SUBDIVISION TWO OF THIS SECTION TO DEPOSIT IN A SAVINGS PLAN,  AND
 (B)    FUNDS COLLECTED FROM RECIPIENTS PURSUANT TO THIS SECTION PRIOR TO
 THE EFFECTIVE DATE OF THIS SUBDIVISION SHALL CONTINUE TO BE TREATED  AND
 MADE PAYABLE TO RECIPIENTS IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
 SION THREE OF THIS SECTION.
   § 2. Subdivision c of section 2 of part K of chapter 58 of the laws of
 2010  amending  the  social  services  law  relating to establishing the
 savings plan demonstration project, as amended by section 2 of  part  DD
 of chapter 56 of the laws of 2018, is amended to read as follows:
   c. this act shall expire and be deemed repealed March 31, [2022] 2030.
   §  3.  This act shall take effect immediately, provided, however, that
 the amendments to section 36-c  of  the  social  services  law  made  by
 section  one  of  this act shall not affect the expiration and repeal of
 such section and shall be deemed to expire and repeal therewith.
                                  PART MM
 
   Section 1. Section 106 of the social services law is REPEALED.
   § 2. This act shall take effect immediately.
 
                                  PART NN
 
   Section 1. By September 1, 2023, the state university of New York  and
 the city university of New York shall each submit a report to the gover-
 nor,  the  temporary  president  of  the  senate, and the speaker of the
 assembly detailing the hiring of  faculty  at  their  respective  insti-
 tutions in the two thousand twenty-two-two thousand twenty-three academ-
 ic  year  pursuant  to any state funding appropriated for such purposes.
 Such report shall include, but not be limited to, the following informa-
 tion:
   1. the number of faculty hired, including a breakdown, by  campus,  of
 the number of full-time tenured faculty, full-time tenure-track faculty,
 full-time  non-tenure track faculty, part-time faculty, adjunct faculty,
 lecturers, visiting faculty, and any other related position;
   2. the number of unfilled faculty positions at each campus;
   3. the ratio of full-time faculty to full-time equivalent students  at
 each campus;
   4. the number of credit hours taught by full-time faculty, per year;
   5.  the  number of credit hours taught by part-time faculty, per year;
 and
 S. 8006--C                         57                         A. 9006--C
 
   6. deidentified demographic data of faculty hired, including  but  not
 limited  to  age, race, gender, military or veteran status, and disabled
 status.
   § 2. This act shall take effect immediately.
 
                                  PART OO
 
   Section 1. Paragraph b of subdivision 3 of section 679-c of the educa-
 tion  law, as amended by section 1 of part E-3 of chapter 57 of the laws
 of 2007, is amended to read as follows:
   b. [The total cost of the Senator Patricia K.  McGee  nursing  faculty
 scholarship  program  shall  not  exceed  an  annual cost of two million
 dollars, and no] NO annual award shall exceed twenty thousand dollars.
   § 2. Subdivision 3 of section 679-f of the education law, as added  by
 section  1  of  part  Y of chapter 56 of the laws of 2014, is amended to
 read as follows:
   3. Awards. [No greater than ten awards] AWARDS  shall  be  granted  to
 qualified  applicants  in  the  amount of up to ten thousand dollars per
 year, per applicant, not to exceed a duration of five years and  not  to
 exceed  the  total  amount  of  such  applicant's student loan debt. The
 corporation shall grant such awards within amounts appropriated for such
 purposes and based on the availability of funds. No one applicant  shall
 receive  more  than  a total of fifty thousand dollars upon the end of a
 five year period.
   § 3. This act shall take effect immediately.
 
                                  PART PP
 
   Section 1. Articles 17, 17-A and 17-B of the executive law and  subdi-
 vision 1-c of section 247 of the military law are REPEALED.
   §  2.  Chapter  13  of  the  consolidated  laws  is enacted to read as
 follows:
                    CHAPTER 13 OF THE CONSOLIDATED LAWS
                            VETERANS' SERVICES
                                 ARTICLE 1
                     DEPARTMENT OF VETERANS' SERVICES
 Section 1.  Definitions.
         2.  Department of veterans' services.
         3.  Veterans' services commission.
         4.  General functions, powers and duties of department.
         5.  Veteran speaker education program.
         6.  Cooperation and facilities of other departments.
         7.  Information on status of veterans receiving assistance.
         8.  New York state supplemental burial allowance for members  of
               the  uniformed  services  of  the  United States killed in
               combat or duty subject to hostile fire or imminent danger,
               as defined in 37 USC § 310.
         9.  New York state veteran burial fund.
         10. Time within which marriage may be solemnized; member of  the
               uniformed services.
         11. Use  of  personal  confidential  information  obtained  from
               veterans or family members of veterans receiving  services
               from the state and political subdivisions thereof.
         12. Acceptance of gifts.
         13. State veterans' service agency.
         14. Local veterans' service agencies.
 S. 8006--C                         58                         A. 9006--C
 
         15. Powers and duties of local veterans' service agencies.
         16. Location and cost of local veterans' service agencies; depu-
               ty local directors.
         17. Local veterans' service committees.
         18. Appropriations  for  expenses and activities of local veter-
               ans' service agencies.
         19. Women veterans coordinator.
         20. Women veterans advisory committee.
         21. Creation of annuity.
         22. Evidence of entitlement.
         23. Persons who may receive annuity.
         24. New York state veterans' cemeteries.
         25. Veterans health screening.
         26. Payment to parents of veterans.
         27. Cremated remains of a veteran.
         28. New York state silver rose veterans service certificate.
         29. Intake forms for admission and residency.
   § 1. Definitions. When used in this article:
   1. The term "department" means the department of veterans' services.
   2. The term "state commissioner" means the New York state commissioner
 of veterans' services.
   3. The term "veteran" means a person who served on active duty in  the
 uniformed  services of the United States, or in the army national guard,
 air national guard, or service as a commissioned officer in  the  public
 health  service,  commissioned officer of the national oceanic and atmo-
 spheric  administration  or  environmental  sciences  services  adminis-
 tration,  cadet at a United States armed forces service academy, and who
 has been released from such service under other than dishonorable condi-
 tions.
   4. The term "uniformed services" means the army, navy,  marine  corps,
 air  force,  space force, coast guard, public health commissioned corps,
 and the national oceanic  and  atmospheric  administration  commissioned
 officer corps of the United States.
   5.  The  term  "local director" means the director of a county or city
 veterans' service agency.
   6. The term "county director" means  a  local  director  of  a  county
 veterans' service agency.
   7. The term "city director" means a local director of a city veterans'
 service agency.
   8. The term "qualifying condition" means a diagnosis of post-traumatic
 stress  disorder  or traumatic brain injury made by, or an experience of
 military sexual trauma, as described in 38 USC 1720D,  as  amended  from
 time  to  time,  disclosed  to, an individual licensed to provide health
 care services at a United States Department of Veterans Affairs facility
 or an individual licensed to provide health  care  services  within  the
 state of New York. The department shall develop a standardized form used
 to confirm that the veteran has a qualifying condition under this subdi-
 vision.
   9.  The  term  "discharged  LGBT  veteran"  means  a  veteran  who was
 discharged less than honorably from the uniformed services due to  their
 sexual  orientation or gender identity or expression, as those terms are
 defined in section two hundred  ninety-two  of  the  executive  law,  or
 statements,  consensual  sexual  conduct, or consensual acts relating to
 sexual orientation, gender identity or expression, or the disclosure  of
 such statements, conduct, or acts, that were prohibited by the branch of
 the  uniformed  services  at the time of discharge. The department shall
 S. 8006--C                         59                         A. 9006--C
 
 establish a consistent and uniform process to determine whether a veter-
 an qualifies as  a  discharged  LGBT  veteran  under  this  subdivision,
 including, at a minimum, standards for verifying a veteran's status as a
 discharged  LGBT veteran, and a method of demonstrating eligibility as a
 discharged LGBT veteran.
   § 2. Department of veterans'  services.  There  is  hereby  created  a
 department  of  veterans' services. The head of such department shall be
 the New York state commissioner of veterans' services  who  shall  be  a
 veteran.  He  or  she  shall be appointed by the governor and shall hold
 office during his or her pleasure. Such state commissioner shall receive
 an annual salary to be fixed  by  the  governor  within  the  limitation
 provided  by law. He or she shall also be entitled to receive his or her
 expenses actually and necessarily incurred by him or her in the perform-
 ance of his or her duties.  The state commissioner, with the approval of
 the governor, may establish such bureaus within the  department  as  are
 necessary  and appropriate to carrying out its functions and may consol-
 idate or abolish such bureaus. The state commissioner may  appoint  such
 officers,  consultants,  clerks  and other employees and agents as he or
 she may deem necessary, fix their  compensation  within  the  limitation
 provided by law, and prescribe their duties.
   §  3.  Veterans' services commission. 1. There shall be in the depart-
 ment a veterans' services commission, which shall consist of the members
 and the ex officio members provided for in this section.
   2. There shall be thirteen members of  the  commission  who  shall  be
 veterans appointed by the governor, including two appointed on recommen-
 dation of the temporary president of the senate, one appointed on recom-
 mendation  of the minority leader of the senate, two appointed on recom-
 mendation  of  the  speaker  of  the  assembly,  and  one  appointed  on
 recommendation  of  the minority leader of the assembly. The appointment
 of members made by the governor without recommendation shall be  subject
 to  advice  and  consent  of the senate.   The members of the commission
 shall serve for terms of three years each. Appointed  members  presently
 serving  on  the commission shall continue to serve for the remainder of
 the term appointed.  Any member chosen to fill  a  vacancy  of  such  an
 appointed member occurring otherwise than by expiration of term shall be
 appointed  for the remainder of the unexpired term of the member whom he
 or she is to succeed. Members appointed as provided in this  subdivision
 shall  receive  no salary or other compensation, but each shall be enti-
 tled to receive  expenses  actually  and  necessarily  incurred  in  the
 performance of their duties.
   3.  Ex  officio  members. (a) The adjutant general of the state of New
 York shall be an ex officio member of the commission.
   (b) In addition, the state commissioner may appoint the  head  of  any
 other  state agency or their designee as a non-voting, ex officio member
 of the commission. Such appointments shall expire annually  on  December
 thirty-first  unless  such appointments are renewed by the state commis-
 sioner.
   4. One of the members of the commission, which shall include the adju-
 tant general, shall be designated as chairperson by  the  governor.  The
 designation shall be in writing and shall be filed with the commission.
   5.  The  commission  shall  have  power,  and it shall be its duty, to
 assist the state commissioner in the formulation of  policies  affecting
 veterans  and  in  the  coordination of all operations of state agencies
 relating to veterans' services.
   § 4. General functions, powers and duties of department.  The  depart-
 ment,  by  and through the state commissioner or his or her duly author-
 S. 8006--C                         60                         A. 9006--C
 
 ized officer or employee, shall have the following functions, powers and
 duties:
   1. To coordinate the program and activities of departments, divisions,
 boards,  bureaus,  commissions  or agencies of the state or of any poli-
 tical subdivision of the state in providing services and  facilities  to
 members  of  the uniformed services and to veterans who are residents of
 this state and their families.
   2. To maintain  liaison  with  other  public  officials  and  agencies
 concerned  with the development or execution of plans for members of the
 uniformed services and veterans who are residents  of  this  state,  and
 their  families,  and to assist in the development and execution of such
 plans.
   3. To establish, direct and supervise a state veterans' services agen-
 cy; and to create or designate other agencies of the department  to  aid
 and  assist  in the discharge of one or more of its functions, powers or
 duties under this article, and grant authority to such agencies  as  may
 be  deemed  necessary  for  the  effective accomplishment of any of such
 functions, powers or duties.
   4. To operate and maintain veterans benefits advisement and to  admin-
 ister  benefits  for  members of the uniformed services and veterans who
 are residents of this state, and their families.
   5. To provide seminars three times per year  at  locations  throughout
 the  state  to  advise veterans and their surviving spouses, who are age
 sixty-two or older, of veterans' benefits for which they may be eligible
 from the state and federal governments, and the means of obtaining  such
 benefits.
   6.  To  provide  seminars three times per year at locations throughout
 the state to advise women veterans of their benefits for which they  may
 be eligible from the state and federal governments, the means of obtain-
 ing  such  benefits  and  other  topics,  including, but not limited to,
 health care issues of specific interest to women veterans.
   7. To provide in cooperation with the office of general  services  and
 the  office  of  the  comptroller  a  series  of seminars, that shall be
 conducted four or more times per year at regional sites located through-
 out the state of New York for  the  purpose  of  advising  veteran-owned
 businesses  regarding the opportunities available for obtaining procure-
 ment contracts from New York state agencies, municipalities, and author-
 ities. Furthermore the seminars shall provide requirements and  training
 that will enable veteran-owned businesses to successfully participate in
 the procurement process.
   8.  To  execute and assist in the execution of plans for the efficient
 utilization of the resources and facilities  of  the  state  in  matters
 related  to members of the uniformed services and veterans who are resi-
 dents of this state, and their families.
   9. To make studies and analyses and  develop  and  execute  plans  for
 assistance  and benefits to members of the uniformed services and veter-
 ans who are residents  of  this  state,  and  their  families,  and  the
 creation of agencies, institutions and facilities therefor.
   10. To prepare and submit a report, in consultation with the office of
 temporary  and disability assistance, department of labor, and office of
 children and family services to determine the number of homeless persons
 in New York state that are veterans.  Such report shall include, but not
 be limited to, the following information to the extent it is  reasonably
 accessible  to  the  department: (a) an analysis of veterans in New York
 state who are currently homeless, or  have  been  homeless  within  five
 years of being released from active duty including an analysis of gender
 S. 8006--C                         61                         A. 9006--C
 
 as  it  relates  to  homelessness of veterans; (b) data on the number of
 children of homeless veterans, including the current placement  of  such
 children;  (c)  cases  of military sexual trauma experienced by homeless
 veterans  while  on active duty or during military training, including a
 breakdown of the collected data based upon the gender of the victim; and
 (d) the unemployment rate for New York state veterans. The  term  "chil-
 dren  of homeless veterans" shall mean a person who is unmarried and who
 is under the age of eighteen years, and is  the  biological  or  legally
 adopted  child of a veteran. The report shall be delivered to the gover-
 nor, the speaker of the assembly and  the  temporary  president  of  the
 senate  by  June  thirtieth,  two  thousand twenty and every three years
 thereafter. Such report shall be publicly available and  posted  on  the
 department of veterans' services website.
   11.  To develop and encourage plans for the occupational reorientation
 of veterans who are residents of this state, including the determination
 and certification of civilian equivalents for  military  experience  and
 the development and encouragement of on-the-job training and apprentice-
 ship  training  programs.  Furthermore,  the department shall provide an
 internet connection to correlate military occupations  and  skills  into
 civilian translations and terms.
   12.  To  provide information regarding resources that are available to
 assist veterans in establishing and sustaining a small business by main-
 taining a small business portal on the  department's  internet  website.
 Such  portal  shall  provide  virtual  links  to  appropriate government
 programs including, but not limited to the United States  Department  of
 Veterans'  Affairs.  The  department may consult with the New York State
 Small Business Development Center and any other appropriate state  agen-
 cies.  The  department  shall  make reference to this information in its
 newsletter, at the three seminars sponsored by the  department  pursuant
 to  subdivisions  five,  six,  and  seven of this section and the annual
 report to the governor and the legislature as  provided  in  subdivision
 seventeen of this section. Such information required under this subdivi-
 sion  shall be maintained and updated annually. The information may also
 be made available in printed form.
   13. To provide information regarding resources that are  available  to
 assist  veterans  in  obtaining  employment  by  maintaining a veterans'
 employment portal on the  department's  internet  website.  Such  portal
 shall  provide virtual links to appropriate governmental programs on the
 federal and state level, including, but not limited to the United States
 department of labor and the New York  state  department  of  labor.  The
 department  may consult with members of the community devoted to helping
 veterans obtain employment. The department shall make reference to  this
 information  pursuant  to  subdivisions  five,  six,  and  seven of this
 section and the annual report to the governor  and  the  legislature  as
 provided  in  subdivision  seventeen  of  this section. Such information
 required under this subdivision shall be maintained and updated  annual-
 ly. The information may also be made available in printed form.
   14.  To  adopt, promulgate, amend and rescind suitable rules and regu-
 lations to carry out the provisions of this article.
   15. To recommend to  the  legislature  and  the  governor  legislative
 proposals  for  the  benefit  of  members  of the uniformed services and
 veterans who are residents of this state, and their families.
   16. To exercise and perform such other functions, powers and duties as
 may be deemed necessary to protect the interests and promote the welfare
 of members of the uniformed services and veterans who are  residents  of
 this state, and their families.
 S. 8006--C                         62                         A. 9006--C
   17. To render each year to the governor and to the legislature a writ-
 ten report of the activities and recommendations of the department.
   18.  (a) For the purpose of providing for the construction, establish-
 ment, expansion, improvement, support, operation,  maintenance  and  the
 provision  of  perpetual  care  for  state veterans' cemeteries, to seek
 funding from, and make application for funding to:
   (1) the government of the  United  States,  including  any  agency  or
 public authority thereof;
   (2)  the  government of the state of New York, including any agency or
 public authority thereof;
   (3) any political subdivision of the government of the  state  of  New
 York, including any agency or public authority thereof; or
   (4) any private individual, corporation or foundation;
   (b)  Pursuant  to section twenty-three of this article, to provide for
 the construction, establishment, expansion, improvement, support, opera-
 tion, maintenance and the provision of perpetual care for state veterans
 cemeteries;
   (c) To expend moneys from the veterans remembrance and cemetery  main-
 tenance  and operation fund, established pursuant to section ninety-sev-
 en-mmmm of the state finance law; and
   (d) To evaluate, monitor and otherwise oversee the operation of veter-
 ans cemeteries in this state.
   19. To make application to the government of the United States or  any
 political  subdivision, agency or instrumentality thereof, for funds for
 the purpose of providing an optional fund for the burial of veterans who
 (i) were honorably discharged or (ii) had  a  qualifying  condition,  as
 defined  in  section one of this article, and received a discharge other
 than bad conduct or dishonorable, or (iii) were a discharged LGBT veter-
 an, as defined in section one of this article, and received a  discharge
 other  than  bad conduct or dishonorable, in any not-for-profit cemetery
 corporation in this state; provided, however, that all costs  associated
 with the establishment of such optional fund shall be borne by the poli-
 tical  subdivision,  agency or instrumentality with which the department
 has contracted.
   20. To establish, operate and maintain a toll-free  telephone  number,
 under  the  supervision  of  the  state commissioner, for the purpose of
 providing callers thereof with information relating to services provided
 by the department as well as services and programs provided to  veterans
 by other agencies, bureaus and organizations. Such services and programs
 shall  include,  but  not  be  limited to, educational and job benefits,
 tuition assistance programs, survivor benefits, health and mental health
 referrals and real property tax exemptions.
   21. To establish, operate and  maintain  a  free  mobile  application,
 under  the  supervision  of  the state commissioner, for the purposes of
 providing veterans and their family members with information,  available
 on a region-specific basis, relating to services provided by the depart-
 ment  as  well  as  services  and programs provided to veterans by other
 state agencies, the federal government, and  other  organizations.  Such
 services  and  programs shall include, but not be limited to educational
 and job benefits, tuition assistance programs, survivor benefits, health
 and mental health referrals,  and  real  property  tax  exemptions.  The
 department's  website  shall  contain a link to the free mobile applica-
 tion.
   22. To develop, jointly with the commissioner of education, a form  by
 which  the  parent  or person in parental relation to a designated child
 may, should he or she so elect, report to the department that  a  parent
 S. 8006--C                         63                         A. 9006--C
 
 of such child is a veteran of the uniformed services who served in Viet-
 nam during the Vietnam conflict. This form shall: (i) clearly state that
 the parent or person in parental relation is not required to provide the
 information requested and that the information will have no bearing upon
 the  services  the  child  will receive; (ii) state that the information
 will be  used  exclusively  for  research  purposes  and  explain  those
 research  purposes  in  plain language; and (iii) provide the address to
 which the form is to be mailed, should the parent or person in  parental
 relation  elect  to  make such report. For the purposes of this subdivi-
 sion, the term "designated child" shall mean a  child  designated  by  a
 school  district  committee  on  special  education  pursuant to section
 forty-four hundred two of the education law as either learning  disabled
 or emotionally disturbed.
   23.  To  process all information received from nursing homes and resi-
 dential health care facilities, including assisted living  and  assisted
 living  residences  as defined in section forty-six hundred fifty-one of
 the public health law, and adult care facilities authorized under  title
 two  of  article seven of the social services law, indicating veteran or
 veteran spouse status. Such processing shall occur by transmitting  such
 information to veterans benefits advisors for review and potential link-
 age to applicable benefits, including but not limited to federal aid and
 attendance  and  a  federal  improved pension program. Veterans benefits
 advisors shall work with county veterans service officers or any accred-
 ited service officers of an organization chartered by  the  congress  of
 the  United  States  and/or  recognized  by  the  department of veterans
 affairs for claim representation as  necessary  and  where  appropriate.
 Such information shall be protected as personal confidential information
 under  article  six-A  of  the public officers law against disclosure of
 confidential material, and shall be used only  to  assist  in  providing
 linkage  to applicable benefits and entitlements under federal and state
 law.
   24. To include within the annual report  as  required  by  subdivision
 seventeen  of this section an accounting of the number of forms received
 from nursing homes and residential  health  care  facilities,  including
 assisted  living  and  assisted  living residences as defined in section
 forty-six hundred fifty-one of the public health  law,  and  adult  care
 facilities  authorized  under  title  two of article seven of the social
 services law, and the specific number of veterans and spouses of  veter-
 ans linked to applicable benefits, including, but not limited to federal
 aid  and  attendance and a federal improved pension program. Such report
 shall evaluate the average time taken by the department between  receipt
 of  such  information,  transmission  to  veterans benefits advisors and
 linkage to available benefits.  Such  report  shall  also  evaluate  the
 effectiveness  of  the program and make recommendations for improvements
 as necessary.
   25. To encourage the development of and to provide for the  establish-
 ment of a state women veterans coordinator, as provided in section nine-
 teen of this article.
   26.  To  make  available  information  on  accident prevention courses
 approved by the commissioner of motor vehicles  online  on  the  depart-
 ment's website. The department shall provide a link to the department of
 motor  vehicles  website  pages  containing  information on the accident
 prevention courses.
   27. To provide information regarding resources that are  available  to
 assist  veterans  who  experience mental health or substance abuse prob-
 lems, and veterans with physical  disabilities,  by  maintaining  mental
 S. 8006--C                         64                         A. 9006--C
 
 health, substance abuse and physical disabilities portals on the depart-
 ment's  internet  website.  Such  portals shall provide virtual links to
 appropriate governmental programs on the federal and  state  levels  and
 information  on  suicide  prevention,  peer  outreach  and  support, and
 services that address the special needs of physically disabled veterans.
 The department may consult with the office of mental health, the  office
 of  addiction  services  and  supports, the department of health and the
 department of labor. The department shall make reference to this  infor-
 mation  provided  pursuant  to subdivisions five and six of this section
 and in the annual report to the governor and  the  legislature  required
 pursuant  to  subdivision  seventeen  of  this section. Such information
 required under this subdivision shall be maintained and updated  annual-
 ly.
   28.  To  include  within  the annual report as required by subdivision
 seventeen of this section an accounting of the number  of  veteran-owned
 small businesses in the state of New York, to be listed by the following
 designations: small business concern owned and controlled by veterans as
 set  forth in 15 U.S.C. section 632(Q)(3), as amended from time to time,
 and service disabled veteran-owned business enterprise as set  forth  in
 article  three  of  this  chapter. Such listing shall include but not be
 limited to the name of the veteran owner or  owners  of  each  business,
 location of each such business, the type of each such business and when-
 ever  practicable, be divided into categories of labor, services, equip-
 ment, materials and recognized construction trades. The department shall
 request this information annually from the U.S.  department of  veterans
 affairs,  any  other  appropriate federal agencies and the department of
 service-disabled veterans' business  development  within  the  New  York
 state office of general services.
   29.  To  maintain  a fact sheet on the department's webpage containing
 (a) contact information for all  veterans  integrated  service  networks
 located within the state, (b) current contact information for the United
 States  veterans  health administration including VA medical centers and
 clinics and (c) contact information for each New  York  State  veterans'
 home.  The  fact  sheet  shall  be  entitled,  "Information for Veterans
 concerning Health Care Options" and shall be updated annually.
   30. To maintain a listing on the department's  website  of  the  local
 veterans'  service  agencies established pursuant to section fourteen of
 this article with the name, location, hours  of  operation  and  contact
 information  of  each  county  and  city  veterans'  service agency. The
 department shall also provide this information in its annual  report  to
 the  governor  and  the  legislature as required pursuant to subdivision
 seventeen of this section.  Information under this subdivision shall  be
 provided  to  the  department by each local veterans' service agency and
 shall be updated annually.
   31. To maintain a discharge upgrade advisory board program within  the
 department  to provide written non-binding advisory opinions to veterans
 of the state of New York appealing their character of discharge from the
 discharge review board or the board for corrections of military  records
 for  their  branch  of  service  on the federal level.   Individuals may
 submit an application with evidence, including all  relevant  documents,
 which  shall be reviewed by the discharge upgrade advisory board program
 in a timely manner. If such board finds the veteran's application for  a
 discharge upgrade is meritorious, then the board will provide the veter-
 an  with  a written opinion advocating for the discharge review board or
 board for corrections of military or naval records to grant that  veter-
 an's  appeal.  The  department  shall  post information on the discharge
 S. 8006--C                         65                         A. 9006--C
 
 upgrade advisory board program  on  its  official  webpage.  The  annual
 report  required  by subdivision seventeen of this section shall contain
 information including, but not limited to, the number of cases reviewed,
 and  the  number  of cases where a veteran's application was found to be
 meritorious.
   32. To provide information regarding resources that are  available  to
 assist  veterans  who experienced military sexual trauma while on active
 duty or during military training, by maintaining a military sexual trau-
 ma portal on  the  department's  internet  website.  Such  portal  shall
 provide virtual links to appropriate governmental programs on the feder-
 al  and  state  levels.    The department may consult with the office of
 mental health and the department of health. The  department  shall  make
 reference to this information provided pursuant to subdivisions five and
 six  of  this  section  and in the annual report to the governor and the
 legislature required pursuant to subdivision seventeen of this  section.
 Such information required under this subdivision shall be maintained and
 updated annually.
   33.  To  make  widely available to the public via, among other things,
 publication on the department's  website  and  free  mobile  application
 pursuant  to subdivision twenty-one of this section, information regard-
 ing the veterans remembrance and cemetery maintenance and operation fund
 established pursuant to section ninety-seven-mmmm of the  state  finance
 law.
   34.  To prepare   and   submit  a  report  in  consultation  with  the
 department  of health and the department of mental hygiene including the
 following information to the extent it is reasonably accessible: (a) the
 number of veterans who died by suicide; (b) trends of  veterans  suicide
 rates  over the last five years, including details by period of military
 service;  and (c) a comparison  of  veterans  suicide  rates  by county,
 statewide and nationwide. Such report shall be delivered to the governor
 and legislature no later than June thirteenth, two thousand  twenty-four
 and  every  three    years    thereafter. Such report shall also be made
 available on the division's website.
   35. The department shall: (a) forward completed forms received from  a
 coroner, coroner's physician or medical examiner pursuant to section six
 hundred  seventy-seven of the county law to the office of mental hygiene
 pursuant to subdivision (g) of section 7.07 of the mental hygiene law in
 a timely manner; and (b) compile such information for inclusion  in  the
 annual report pursuant to this section.
   36.  To  coordinate  outreach  efforts  that  ensure  members  of  the
 uniformed services and veterans who are residents  of  this  state,  and
 their families, are made aware of services for veterans from any depart-
 ments,  divisions, boards, bureaus, commissions or agencies of the state
 or any political subdivision of this state.
   37. To develop collaborative relationships among state,  federal,  and
 local  agencies and private organizations, including but not  limited to
 the  office  of mental health, state office for the aging, and office of
 addiction services and supports, to help facilitate access  to  services
 by   members   of  the uniformed services and veterans who are residents
 of the state and their families.
   § 5. Veteran speaker education program. 1. There is hereby established
 within the department a veteran speaker education program to  be  devel-
 oped  and  implemented  by  the  commissioner  in  consultation with the
 commissioner of the New York state military museum and veterans resource
 center and in accordance with the provisions  of  this  section.    Such
 program  shall provide school districts within this state with a listing
 S. 8006--C                         66                         A. 9006--C
 of available veteran  speakers  willing  to  visit  classrooms  for  the
 purpose of discussing their military experience.
   2.  The  department,  from  its  available resources, shall develop an
 informational pamphlet to be distributed either  by  mail  or  electron-
 ically  to  school  districts  which  provides a general overview of the
 program including its purpose and how to participate.    The  department
 shall, in consultation with congressionally chartered veterans organiza-
 tions and local veterans services agencies, appoint and create a listing
 of  veteran speakers coordinators for each county of the state who shall
 be listed in the informational pamphlet. The veteran speakers  coordina-
 tors' duties shall include but not be limited to contacting veterans who
 reside  in  their  county  including  those who have participated in the
 veteran's oral history program at the New York state military museum  or
 the  West  Point oral history project or the veterans history project of
 the American Folklore Center or any similar oral  history  project  with
 information  about this program and inquiring as to whether such persons
 would be willing to participate as speakers or in  any  other  capacity.
 The  listing  shall  include  the names and contact information for such
 veterans including information describing the type of  military  service
 performed by each such person, the time and length of service, geograph-
 ic  area or areas where such person served and rank.  The veteran speak-
 ers coordinators shall annually update such  information  regarding  the
 availability of such veterans.
   3.  No  teacher  or  veteran  shall be required to participate in this
 program.  Any teacher who wishes to  supplement  his  or  her  classroom
 instruction concerning a particular era in American military history may
 contact  a  participating veteran personally to request that such person
 visit a classroom to discuss his or her military experience.  A  teacher
 shall  be  responsible  for  ascertaining  the  appropriateness  of  any
 proposed speaker based upon the age of the  children  and  the  intended
 subject  matter.  Nothing in this section shall be intended to supersede
 any particular or general school rules  or  regulations  or  other  laws
 relating to curriculum.
   4.  The  department  shall  require  a certified copy of the veteran's
 discharge papers to participate in the  veteran  speaker  program.  Such
 form  shall  be filed with the department to serve as evidence that such
 person is a veteran who served in the United States military honorably.
   5. The department shall implement a procedure for evaluations of  each
 speaker  to  be  completed  by  teachers and students, and maintain such
 evaluations and make them available upon request to other  teachers  who
 plan to participate.
   6.  The  department  may consult with other veterans organizations and
 any branch of the U.S. military in the development of this program.
   § 6. Cooperation and facilities of other  departments.  To  effectuate
 the  purposes  of  this article, the governor may direct any department,
 division, board, bureau, commission or agency of the state,  or  of  any
 political  subdivision  thereof, to cooperate with and assist and advise
 the department in the performance of its duties and  functions,  and  to
 provide  such  facilities,  including  personnel,  materials  and  other
 assistance and data as will enable the department or any of its agencies
 to properly carry out its activities and effectuate its  purposes  under
 this article.
   §  7. Information on status of veterans receiving assistance.  Depart-
 ments, divisions, bureaus, boards, commissions and agencies of the state
 and political subdivisions thereof, which provide assistance, treatment,
 counseling, care, supervision or  custody  in  service  areas  involving
 S. 8006--C                         67                         A. 9006--C
 
 health,  mental health, family services, criminal justice or employment,
 including but not limited  to  the  office  of  addiction  services  and
 supports,  office of mental health, office of probation and correctional
 alternatives,  office  of children and family services, office of tempo-
 rary and disability assistance,  department  of  health,  department  of
 labor,  local workforce investment boards, office for people with devel-
 opmental disabilities,  and  department  of  corrections  and  community
 supervision,  shall request assisted persons to provide information with
 regard to their veteran status  and  military  experiences.  Individuals
 identifying  themselves as veterans shall be advised that the department
 of veterans' services and local veterans' service  agencies  established
 pursuant  to  section  fourteen  of  this  article provide assistance to
 veterans regarding benefits under federal  and  state  law.  Information
 regarding  veterans  status  and  military  service provided by assisted
 persons solely to implement this section shall be protected as  personal
 confidential  information under article six-A of the public officers law
 against disclosure of confidential material, and used only to assist  in
 the diagnosis, treatment, assessment and handling of the veteran's prob-
 lems  within the agency requesting such information and in referring the
 veteran to the department of  veterans'  services  for  information  and
 assistance  with  regard  to benefits and entitlements under federal and
 state law.
   § 8. New York state supplemental burial allowance for members  of  the
 uniformed services of the United States killed in combat or duty subject
 to  hostile  fire  or imminent danger, as defined in 37 USC § 310. 1. As
 used in this section, "parent"  means  a  father,  a  mother,  a  father
 through adoption, a mother through adoption, or an individual who, for a
 period  of  not  less  than  one year, at any time before the decedent's
 entry into active military service stood in the relationship of a parent
 to a decedent who died in combat or duty  subject  to  hostile  fire  or
 imminent  danger,  as  defined in 37 USC § 310, or who died from a wound
 incurred in combat or while serving on duty subject to hostile  fire  or
 imminent  danger, as defined in 37 USC § 310 or, if two persons stood in
 the relationship of a parent for one year or more, the person  who  bore
 the expenses of the funeral of the decedent.
   2.  As  used in this section, (a) "wound" means a physical injury to a
 servicemember on active duty caused by (i) a bullet, shrapnel, or  other
 projectile;  (ii)  a mine or trap; (iii) an explosion; (iv) a vehicle or
 aircraft accident not caused by the servicemember's willful  misconduct;
 or  (v) any other action caused or induced by the enemy directly result-
 ing in physical harm to the servicemember.
   (b) "burial receptacle" means (i) a casket, which shall mean  a  rigid
 container  that  is  designed  for  the  encasement of human remains and
 customarily ornamented and lined with fabric, (ii) an urn,  which  shall
 mean a container of wood, metal, pottery, or other material designed for
 the  storage  of  cremated  human  remains, and/or (iii) an outer burial
 receptacle, which shall mean a graveliner, burial vault, or other  simi-
 lar type of container for the placement of a casket or urn.
   3.  There is hereby established within the department a New York state
 supplemental burial allowance for any member of the  uniformed  services
 of  the United States who: (a) died in combat or duty subject to hostile
 fire or imminent danger, as defined in 37 USC § 310 or died from a wound
 incurred in combat or while serving on duty subject to hostile  fire  or
 imminent  danger,  as defined in 37 USC § 310, other than the exceptions
 noted in paragraphs (d),  (e)  and  (f)  of  subdivision  four  of  this
 section, and (b) who was (i) a resident of New York state at the time of
 S. 8006--C                         68                         A. 9006--C
 
 his  or her death or (ii) a nonresident of New York state at the time of
 his or her death and a member of the New York Army National Guard or New
 York Air National Guard at the time he or she entered title  10,  United
 States  Code,  federal active duty status during which period of service
 he or she died.
   4. (a) The purpose of the program  is  to  administer  and  monitor  a
 supplemental allowance program to aid families of military personnel who
 died  in  combat  or duty subject to hostile fire or imminent danger, as
 defined in 37 USC § 310, or died from a wound incurred in combat or duty
 subject to hostile fire or imminent danger, as defined in 37 USC §  310,
 with  respect  to  expenses  incurred  in connection with the decedent's
 funeral and the burial, burial receptacle, cremation, or other interment
 of the decedent's remains.
   (b) Eligible recipients under this program shall be those who bore the
 cost of the decedent's funeral and burial, burial receptacle, cremation,
 or other interment, in the following order of priority: (i) a  surviving
 spouse  or  domestic partner of the decedent; (ii) adult children of the
 decedent, to include step-children and adopted children;  (iii)  parents
 or  grandparents of the decedent, and parents-in-law or grandparents-in-
 law of the decedent; (iv) siblings of the decedent, to include  siblings
 adopted  by  the  decedent's immediate family and siblings with whom the
 decedent shares only one parent in common, and  siblings-in-law  of  the
 decedent; (v) aunts, uncles, and first cousins of the decedent; and (vi)
 any  other  relative. Any applicant convicted of making any false state-
 ment in the application for the reimbursement shall be  subject  to  the
 penalties prescribed in the penal law.
   (c)  Such  burial  allowance is a partial reimbursement of an eligible
 decedent's funeral and burial, burial  receptacle,  cremation  or  other
 interment costs. The reimbursement is generally applicable to two compo-
 nents:  (i) funeral expenses, and (ii) expenses arising from the burial,
 burial receptacle, cremation,  or  other  interment  of  the  decedent's
 remains.  Any  allowance granted by the government of the United States,
 pursuant to 38 U.S.C. §§2301, 2302, 2303, 2306,  2307  and  2308  or  10
 U.S.C. § 1482, or by the decedent's state of residence in the case of an
 allowance  eligible  pursuant  to  subparagraph (ii) of paragraph (b) of
 subdivision three of this section, shall be first applied toward funeral
 and burial, burial receptacle, cremation or other interment costs.   The
 state  may award an allowance of up to six thousand dollars to cover any
 remaining expenses.
   (d) The state shall not award any funds from this allowance  to  reim-
 burse  any  costs  for  the headstone, grave marker, or medallion of the
 decedent.
   (e) The state shall not grant supplemental burial  allowance  payments
 for  the  funeral  or the burial, burial receptacle, cremation, or other
 interment of remains  of  any  decedent  whose  relations  received  any
 reimbursement  from  this  allowance for any previous funeral or burial,
 burial receptacle, cremation, or other interment  of  remains  for  this
 same decedent.
   (f)  The  state shall not grant supplemental burial allowance payments
 for any person filing a completed application for  such  allowance  with
 the  state later than:  (i) two years after the applicant received final
 written notice from the United States  Department  of  Veterans  Affairs
 regarding  an application for reimbursement of funeral or burial, burial
 receptacle, cremation or other interment expenses pursuant to 38  U.S.C.
 §§2301,  2302,  2303,  2306,  2307, or 2308, or 10 U.S.C. § 1482, or any
 combination thereof; or (ii) two years after the expiration date of  the
 S. 8006--C                         69                         A. 9006--C
 filing  deadline  to  apply for reimbursement of funeral, burial, burial
 receptacle, cremation or other interment expenses from the United States
 Department of Veterans Affairs, as defined in 38 U.S.C. § 2304,  if  the
 applicant  never  applied  for  reimbursement of funeral, burial, burial
 receptacle, cremation or  interment  expenses  from  the  United  States
 Department  of Veterans Affairs. Any applications received subsequent to
 these prescribed periods shall be denied as time-barred.
   (g) Applicants shall  furnish  evidence  of  the  decedent's  military
 service  and relevant after action reports or other documents explaining
 why the application meets eligibility requirements for each case in  the
 manner  and  form  prescribed  by  the  state commissioner or his or her
 designee.  Upon being satisfied that the facts in  the  application  are
 true, the state commissioner or his or her designee shall certify to the
 state  comptroller  the name and address of such recipient. The decision
 of the state commissioner or his or her designee on all matters  regard-
 ing any payment from this allowance shall be final.
   (h)  The state commissioner shall submit a report to the governor, the
 chairperson of the senate finance committee, and the chairperson of  the
 assembly  ways  and  means committee not later than January fifteenth of
 each year in which this section is in effect. Such report shall include,
 but not be limited to, regulations promulgated pursuant to this section,
 allowances paid, and an account of the monies spent and the relationship
 of the distributees to the decedent.
   § 9. New York state veteran burial fund. 1. As used in  this  section,
 "agent  in  control  of  the  disposition  of  remains" means the person
 responsible or designated to  control  the  disposition  of  a  deceased
 veteran's  remains  as defined and outlined in section forty-two hundred
 one of the public health law. The term "interment" means the disposition
 of remains as defined in paragraph (g) of section fifteen hundred two of
 the not-for-profit corporation law. The term "burial" shall include  the
 process  as  defined  in paragraph (e) of section fifteen hundred two of
 the not-for-profit corporation law.
   2. As provided in subdivision nineteen of section four of  this  arti-
 cle,  there is hereby established within the department a New York state
 veterans burial fund for honorably discharged members of  the  uniformed
 services  of  the  United States who were residents of New York state at
 the time of his or her death who (i) were honorably discharged from such
 service, or (ii) had a qualifying condition, as defined in  section  one
 of  this  article,  and  received  a discharge other than bad conduct or
 dishonorable from such service, or (iii) were discharged LGBT  veterans,
 as  defined  in  section  one  of this article, and received a discharge
 other than bad conduct or dishonorable from such service.
   (a) Eligible recipients under this program shall be those who bore the
 cost of the funeral as the  agent  in  control  of  the  disposition  of
 remains.  An  application shall be made available to an eligible recipi-
 ent. Any applicant convicted of making any false statement in the appli-
 cation  for  the  reimbursement  shall  be  subject  to  the   penalties
 prescribed in the penal law.
   (b)  Such  optional burial allowance is a reimbursement of an eligible
 decedent's burial and interment costs not to exceed  two  thousand  five
 hundred  dollars  in  a  New  York  state  not-for-profit  cemetery. The
 reimbursement is generally available as a plot interment allowance.  Any
 allowance granted by the government of the United States, pursuant to 38
 U.S.C.  §§  2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482 shall be
 first applied toward interment costs. An additional allowance of  up  to
 the  cost  of the actual burial and interment as provided under subdivi-
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 sion nineteen of section four of this article may be  awarded  to  cover
 any remaining expenses.
   (c)  Evidence  of  the  military service of the decedent for each case
 shall be furnished in the  manner  and  form  prescribed  by  the  state
 commissioner; upon being satisfied that the facts in the application are
 true,  the state commissioner shall certify to the state comptroller the
 name and address of such agent in control of the disposition of  remains
 for reimbursement as provided in this section.
   §  10.  Time  within  which  marriage may be solemnized; member of the
 uniformed services.  Notwithstanding section thirteen-b of the  domestic
 relations  law,  where  either  of  the parties making application for a
 marriage license, pursuant to section thirteen of the domestic relations
 law, is a member of the uniformed  services  of  the  United  States  on
 active  duty  the marriage of the parties shall not be solemnized within
 twenty-four hours after the issuance of the marriage license, nor  shall
 it  be  solemnized  after  one  hundred eighty days from the date of the
 issuance of the marriage license. Proof that the applicant is  a  member
 of the uniformed services of the United States shall be furnished to the
 satisfaction of the official issuing the marriage license. Every license
 to  marry  issued pursuant to the provisions of this section shall state
 the day and hour the license is issued and shall contain a recital  that
 it is issued pursuant to the provisions of this section.
   §  11. Use of personal confidential information obtained from veterans
 or family members of veterans receiving  services  from  the  state  and
 political  subdivisions  thereof.  1.  Departments,  divisions, bureaus,
 boards, commissions and agencies of the state and political subdivisions
 thereof, which provide assistance, treatment, counseling,  care,  super-
 vision  or  custody  in  service  areas involving health, mental health,
 family services, criminal justice or employment  shall  be  required  to
 solicit  information on whether their customer or client is a veteran as
 defined in section eighty-five of the civil service law or family member
 of a veteran. Any new forms created after the  effective  date  of  this
 section  shall  contain the following questions: "Have you served in the
 United States military?" "Has someone  in  your  family  served  in  the
 United States military?"
   2. Individuals identifying themselves as having served in the military
 or  a  family  member  shall be advised that the department of veterans'
 services and local veterans service  agencies  established  pursuant  to
 section seventeen of this article provide assistance to veterans regard-
 ing benefits under federal and state law. Information regarding veterans
 and  military  status  provided  by assisted persons solely to implement
 this section shall be protected as personal confidential  material,  and
 used only to assist in the diagnosis, treatment, assessment and handling
 of  the veteran's or family member's problems within the agency request-
 ing such information and in referring the veteran or  family  member  to
 the  department of veterans' services for the information and assistance
 with regard to benefits and entitlements under federal and state law.
   § 12. Acceptance of gifts. The department with  the  approval  of  the
 governor,  may  accept any gift or grant for any of the purposes of this
 article. Any moneys so received may be expended  by  the  department  to
 effectuate  any  of  the  purposes  of this article, subject to the same
 limitations as to authorization, audit and approval  as  are  prescribed
 for state moneys appropriated for the purposes of this article.
   §  13.  State  veterans'  service agency. 1. A state veterans' service
 agency established by the department pursuant to this article shall have
 power and it shall be its duty to inform military and naval  authorities
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 of  the  United  States and assist members of the uniformed services and
 veterans, who are residents  of  this  state,  and  their  families,  in
 relation  to (1) matters pertaining to educational training and retrain-
 ing  services  and  facilities,  (2)  health, medical and rehabilitation
 services and facilities, (3) provisions of federal, state and local laws
 and regulations affording special rights and privileges  to  members  of
 the  uniformed services and war veterans and their families, (4) employ-
 ment and re-employment services,  and  (5)  other  matters  of  similar,
 related  or  appropriate nature. The state veterans' service agency also
 shall perform such other duties as may be assigned by the state  commis-
 sioner.
   2.  The  state  commissioner  may,  with the approval of the governor,
 appoint and remove a director of the state veterans' service agency. The
 state commissioner may from time to time  establish,  alter  or  abolish
 state  veterans' service agency districts within the state, establish or
 abolish offices therefor, and appoint and at pleasure  remove  a  deputy
 director  of  the  state veterans' service agency for each such district
 office. With the approval of the state commissioner, the director of the
 veterans' service agency may appoint such officers, consultants,  clerks
 and  other  employees as may be necessary to administer the functions of
 the state veterans' service agency, fix their  compensation  within  the
 limitation provided by law, and prescribe their duties.
   §  14.  Local  veterans' service agencies. 1. County veterans' service
 agencies. There shall be established a county veterans'  service  agency
 in  each  county not wholly included within a city, and there shall be a
 county director of each county  veterans'  service  agency.  Any  county
 director  hired  after  the  effective  date  of this chapter shall be a
 veteran as defined in New York state statute. The chair of the board  of
 supervisors  of a county, with the approval of the board of supervisors,
 shall appoint and may at pleasure remove a county director of the county
 veterans' service agency for such county. In a county  having  a  county
 president,  a  county  executive  or other chief executive officer, such
 president or executive officer shall appoint and may at pleasure  remove
 a  county director. The county director may be paid such compensation as
 shall be fixed by the appointing officer and the board  of  supervisors.
 The county director shall appoint such assistants and employees as he or
 she may deem necessary, other than those, if any, supplied by the state;
 he  or she may prescribe the duties of those appointed by him or her and
 fix their salaries within the appropriations  made  available  for  that
 purpose  by the county and may at pleasure remove any such assistants or
 employees. The county director shall have  jurisdiction  throughout  the
 territorial  limits of the county, including any city therein which does
 not have a city veterans' service agency, provided that after the estab-
 lishment of a city veterans' service agency in any such city, the county
 director shall not have jurisdiction within such city.
   2. City veterans' service agency. There  may  be  established  a  city
 veterans'  service agency in each city; and there shall be a city direc-
 tor of each city veterans' service  agency  which  is  established.  The
 mayor  of  such  city,  or  the  city manager in a city of less than one
 hundred forty thousand population having a city manager,  shall  appoint
 and  may  at  pleasure  remove the city director. A city director may be
 paid such compensation as shall be fixed by the mayor or  city  manager,
 as  the  case  may  be,  empowered to appoint the city director, and the
 governing body of the city. The city director may appoint such deputies,
 assistants and employees as he or she  may  deem  necessary  other  than
 those,  if  any,  supplied  by the state; the director may prescribe the
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 duties of those appointed by him or her and fix  their  salaries  within
 the  appropriations  made available for that purpose by the city and may
 at pleasure remove any such assistant or  employee.    A  city  director
 shall have jurisdiction throughout the territorial limits of the city.
   3.  Accreditation.  (a)  Current county or city directors within three
 years from the effective date of this subdivision shall take  all  steps
 necessary  to  be  accredited  as  a veterans service organization (VSO)
 representative. Accreditation shall mean the authority  granted  by  the
 United  States  Department  of  Veterans  Affairs to assist veterans and
 their family members in the preparation, presentation,  and  prosecution
 of  claims  for benefits pursuant to section 5902 of Title 38 U.S.C. and
 section 14.628 of Title 38 Code of Federal Regulations.  Once an  appli-
 cation  for  accreditation  is  approved  by  the General Counsel of the
 United States Department of Veterans Affairs and the applicant is  noti-
 fied of this action, the director of the county or city veterans service
 agency  shall  file  a  copy  of  the accreditation certificate from the
 appropriate veterans service organization with the commissioner  of  the
 department.  Such  accreditation shall be maintained during the duration
 of his or her status as a director  of  such  county  or  city  veterans
 service  agency.  The  commissioner of the department may determine that
 satisfactory completion of a course or instruction on veterans' benefits
 approved by  the  United  States  Department  of  Veterans  Affairs  and
 conducted  by the department may fulfill the requirements of this subdi-
 vision.
   (b) Any county or city director hired after the effective date of this
 chapter shall take all steps necessary to be accredited  as  a  veterans
 service organization (VSO) representative within eighteen months of such
 appointment.  Accreditation  shall  mean  the  authority  granted by the
 United States Department of Veterans  Affairs  to  assist  veterans  and
 their  family  members in the preparation, presentation, and prosecution
 of claims for benefits pursuant to section 5902 of Title 38  U.S.C.  and
 section  14.628 of Title 38 Code of Federal Regulations.  Once an appli-
 cation for accreditation is approved  by  the  General  Counsel  of  the
 United  States Department of Veterans Affairs and the applicant is noti-
 fied of this action, the director of the county or city veterans service
 agency shall file a copy  of  the  accreditation  certificate  from  the
 appropriate  veterans  service organization with the commissioner of the
 department. Such accreditation shall be maintained during  the  duration
 of  his  or  her  status  as  a director of such county or city veterans
 service agency. The commissioner of the department may determine that  a
 satisfactory completion of a course of instruction on veterans' benefits
 approved  by  the  United  States  Department  of  Veterans  Affairs and
 conducted by the department may fulfill the requirements of this  subdi-
 vision.
   (c)  During the time a director is working toward accreditation pursu-
 ant to paragraphs (a) and (b) of this subdivision, such  individual  may
 provide  services  to  veterans  and  their family members as defined in
 section fifteen of this article other than  the  preparation,  presenta-
 tion,  and prosecution of claims for benefits under federal statutes and
 regulations.
   § 15. Powers and duties of local veterans' service  agencies.  1.    A
 local  veterans'  service agency shall have power under the direction of
 the state veterans' service agency, and it shall be its duty  to  inform
 military  and  naval authorities of the United States and assist members
 of the uniformed services and veterans, who are residents of this state,
 and their families, in relation to (1) matters pertaining to educational
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 training and retraining services and facilities, (2) health, medical and
 rehabilitation services and facilities, (3) provisions of federal, state
 and local laws and regulations affording special rights  and  privileges
 to  members  of  the uniformed services and war veterans and their fami-
 lies, (4) employment and re-employment  services,  (5)  the  process  of
 submitting  an  application  for  a  discharge  upgrade to the discharge
 upgrade advisory board, and (6) other matters  of  similar,  related  or
 appropriate  nature.  The local veterans' service agency may also assist
 families of members of the reserve components of the uniformed  services
 and  the  organized militia ordered into active duty to ensure that they
 are made aware of and are receiving all appropriate support available to
 them and are placed in contact with the agencies  responsible  for  such
 support,  including,  but  not  limited to, the division of military and
 naval affairs and other state agencies responsible  for  providing  such
 support.  The  local  veterans'  service  agency also shall perform such
 other duties as may be assigned by the state commissioner.
   2. A local veterans' service agency shall utilize, so far as possible,
 the services and facilities of existing officers, offices,  departments,
 commissions,  boards,  bureaus,  institutions  and other agencies of the
 state and of the political subdivisions thereof and  all  such  officers
 and  agencies  shall cooperate with and extend such services and facili-
 ties to the local veterans' service agency as it may require.
   § 16. Location and cost of local veterans'  service  agencies;  deputy
 local directors. 1. A local director shall designate the location of the
 local  and  branch  offices of the local veterans' service agency within
 his or her jurisdiction, which offices shall be open  during  convenient
 hours.  The  cost  of  maintenance  and  operation of a county veterans'
 service agency shall be a county charge and the cost of maintenance  and
 operation  of  a  city  veterans' service agency shall be a city charge,
 excepting that the state commissioner with the approval of the veterans'
 services commission shall allot and pay, from state moneys  made  avail-
 able  to  him or her for such purposes, to each county veterans' service
 agency and each city veterans' service agency, an amount equal to  fifty
 per centum of its expenditures for maintenance and operation approved by
 the  state  commissioner,  provided  that  in  no event shall the amount
 allotted and paid for such approved expenditures incurred in  any  given
 year  exceed (1) in the case of any county veterans' service agency in a
 county having a population of not more than one hundred thousand  or  in
 the  case  of any city veterans' service agency in a city having a popu-
 lation of not more than one hundred thousand,  the  sum  of  twenty-five
 thousand  dollars,  nor  (2) in the case of any county veterans' service
 agency in a county having a population in excess of one hundred thousand
 excluding the population of any city therein which has a city  veterans'
 service  agency,  the sum of twenty-five thousand dollars, and, in addi-
 tion thereto, the sum of five thousand  dollars  for  each  one  hundred
 thousand,  or  major portion thereof, of the population of the county in
 excess of one hundred thousand excluding  the  population  of  any  city
 therein  which  has a city veterans' service agency, nor (3) in the case
 of any city veterans' service agency in a city having  a  population  in
 excess of one hundred thousand, the sum of twenty-five thousand dollars,
 and,  in addition thereto, the sum of five thousand dollars for each one
 hundred thousand, or major portion thereof, of  the  population  of  the
 city  in excess of one hundred thousand. Such population shall be certi-
 fied in the same manner as provided by section fifty-four of  the  state
 finance law.
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   2.  The  head  of  a branch office of a local veterans' service agency
 shall be a deputy local director of the local veterans'  service  agency
 who  shall  be  appointed by the local director of the county or city in
 which the branch office is located with the approval  of  the  governing
 body  which  makes  the appropriation for the maintenance of such branch
 office; provided, however, that the head of a branch office of  a  local
 veterans' service agency which operates in and for two or more adjoining
 towns  or adjoining villages in the same county, and hereinafter in this
 article referred to as a consolidated branch office, shall be  appointed
 by  the  local  director  of  the  county  in which the branch office is
 located with the approval of the governing body of each town or  village
 which  makes  an  appropriation  for  or  toward the maintenance of such
 branch office, and any town or village is authorized to  enter  into  an
 agreement  with  an  adjoining  town or an adjoining village in the same
 county, respectively, or with two or more respective adjoining towns  or
 villages  in  the  same county, providing for their joint undertaking to
 appropriate and make available moneys for or toward the  maintenance  of
 such a consolidated branch office.
   §  17.  Local  veterans'  service committees. The same authority which
 appoints a local director shall appoint for each county and city  veter-
 ans'  service  agency  a veterans' service committee to assist the local
 director and shall appoint a chair thereof.  Similar committees  may  be
 appointed  in each village and town where there is a deputy local direc-
 tor by the mayor of such village and the  supervisor  of  such  town  in
 which  the  branch  office of the deputy local director is located or in
 which it operates. A similar committee may also be appointed in any city
 in and for which there is not  established  a  separate  city  veterans'
 service  agency,  and  in and for which there is a deputy local director
 and a branch office of the county veterans'  service  agency;  and  such
 appointment in any case shall be made by the city official authorized to
 appoint a city director in the case of a separate city veterans' service
 agency.
   §  18.  Appropriations  for expenses and activities of local veterans'
 service agencies. Each county and each city of the  state  in  which  is
 established  a  county  veterans'  service  agency  or  a city veterans'
 service agency, as the case may be, is hereby authorized to  appropriate
 and  make  available  to the veterans' service agency of such respective
 county or city, such sums of money as it may deem  necessary  to  defray
 the  expenses and activities of such agency, and the expenses and activ-
 ities of such agencies are hereby declared to be proper county and  city
 purposes  for  which  the  moneys of the county or city may be expended.
 Each city in and for which there is  not  established  a  separate  city
 veterans'  service  agency,  and  each  village and town of the state is
 hereby authorized to appropriate and make available to the deputy  local
 director  heading  the  branch  office  in and for such city, village or
 town, if any, of the county veterans' service agency having jurisdiction
 within such city, village or town, such sums of money  as  it  may  deem
 necessary  to  defray  the salary, expenses and activities of the deputy
 local director heading such branch office in and for such city,  village
 or  town  and  his  or  her  office,  including  the salaries of persons
 employed in such office, and such salaries, expenses and activities  are
 hereby  declared  to be proper city, village and town purposes for which
 the moneys of such cities, villages and  towns  may  be  expended.  Each
 village and town is also authorized to appropriate and make available to
 the  deputy  local  director  heading the consolidated branch office, if
 any, for such village or town and any adjoining village or villages,  or
 S. 8006--C                         75                         A. 9006--C
 
 town or towns, as the case may be, of the county veterans' service agen-
 cy  having  jurisdiction within such village or town, such sums of money
 as it may determine to defray in part the salary,  expenses  and  activ-
 ities  of  the  deputy  local  director heading such consolidated branch
 office for such village or town and any adjoining village or villages or
 town or towns, as the case may be, including  the  salaries  of  persons
 employed in such consolidated branch office, and such salaries, expenses
 and  activities  are  hereby  declared  to  be  proper  village and town
 purposes for which  the  moneys  of  such  villages  and  towns  may  be
 expended.
   §  19. Women veterans coordinator. 1. Definitions. (a) "Veteran" shall
 have the same meaning as defined in section one of this article.
   (b)  "Department"  shall  mean  the  state  department  of   veterans'
 services.
   (c) "Women veterans coordinator" shall be a veteran.
   2.  Such  women veterans coordinator shall be appointed by the commis-
 sioner.
   3. Establishment of women veterans coordinator. There is hereby estab-
 lished within the department, a "women veterans coordinator"  who  shall
 work  under  the  direction  of  the commissioner and whose duties shall
 include, but not be limited to, the:
   (a) identification, development, planning,  organization  and  coordi-
 nation of all statewide programs and services to meet the needs of women
 veterans;
   (b)  recommendation  to the commissioner to ensure compliance with all
 existing department policies and regulations pertaining to the needs  of
 women  veterans  on the state and federal level and make recommendations
 regarding the improvement of benefits and services to women veterans;
   (c) liaison between the department, the United  States  Department  of
 Veterans Affairs center for women veterans, the United States Department
 of Veterans Affairs Advisory Committee on Women Veterans, state veterans
 nursing  homes,  state  agencies,  community groups, advocates and other
 veterans and military organizations and interested parties;
   (d) advocating for all women veterans in the state;
   (e) development and maintenance of a clearinghouse for information and
 resources for women veterans;
   (f) promote events and activities that recognize,  educate  and  honor
 women  veterans,  including  but  not limited to seminars required under
 subdivision six of section four of this article,  veteran  human  rights
 conferences,  veterans  benefits  and  resources  events,  and  veterans
 cultural competence training;
   (g) inclusion of the contributions women veterans have made on  behalf
 of  the  United  States  and  this  state  on  the department's official
 website; and
   (h) preparation of reports on topics including, but  not  limited  to,
 the  demographics of women veterans, the number of women veterans listed
 by county, and the unique needs of the women veterans population, to the
 extent such information is available, to the commissioner on the  status
 of women veterans within New York state.
   4.  Reports.  The  women veterans coordinator shall submit a report to
 the commissioner each year after the effective  date  of  this  section.
 Such  report  shall include, but not be limited to, a description of the
 women veterans coordinator's activities for the calendar  year  and  the
 programs  developed  pursuant  to  the  provisions  of this section. The
 commissioner shall submit the report or a synopsis of the report to  the
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 governor in accordance with the provisions of section four of this arti-
 cle.
   § 20. Women veterans  advisory  committee. 1. The women veterans advi-
 sory  committee  is  hereby  created  consisting of twelve members, with
 members  appointed  as follows: (a) six members by the governor; (b) two
 members by the temporary president of the senate; (c) two members by the
 speaker of the assembly; and (d) one member each by the minority  leader
 of  the  senate  and  the minority leader of the assembly. All appointed
 members  must be women, and veterans who  served  in  the  United States
 uniformed services  including  members of the  reserve  component.  Each
 veteran  shall   have   received   an  honorable  discharge  or  have  a
 qualifying condition as defined in section one of this article.
   2. In making appointments pursuant to subdivision one of this section,
 the following shall be considered:
   (a)  whether  the  appointments provide a geographical balance between
 the urban and rural areas of  this  state  and  represent  the  cultural
 diversity of this state; and
   (b) the level of activity of the woman in the veteran community.
   3. The committee shall elect a chair from among its members.
   4. Each member of the committee shall serve a term of four years.
   5. A vacancy on the committee shall be filled for the remainder of the
 unexpired term in the same manner as the original appointment.
   6.  The  committee shall meet at least four times per year at the call
 of the chair.
   7. A majority of the members of the committee appointed constitutes  a
 quorum.
   8. Each member of the committee:
   (a) serves without compensation, except that a member of the committee
 who  is a state officer or employee may receive her regular compensation
 while engaging in the business of the committee; and
   (b) shall  be  entitled  to  receive  reimbursement  for  any  actual,
 necessary expenses incurred in the course of performing business for the
 committee.
   9. The committee shall:
   (a)  support  and  assist the department of veterans' services and the
 women veterans coordinator pursuant to section nineteen of this  article
 in:
   (i)  locating, educating and advocating for all women veterans in this
 state;
   (ii) identifying the unique needs of women veterans;
   (iii) conducting  outreach  and  education   through   various  means,
 including,  without  limitation,  the  organization  of  statewide women
 veterans  events,  the  promotion  of benefits and health care for women
 veterans and the development of programs that inform students,  business
 leaders    and    educators  about  the important role women play in the
 uniformed services of the United States;
   (iv) educating women veterans as to benefits  and  programs  that  are
 available to them;
   (v)  at  least  annually, making such recommendations as may be deemed
 necessary or advisable to  the  governor,  the  state  legislature,  the
 commissioner  of  the  department  of  veterans' services and such other
 offices of this state as may be appropriate;
   (vi) making information available regarding job  and  career  opportu-
 nities;
 S. 8006--C                         77                         A. 9006--C
   (vii)  providing  outreach  regarding available resources for veterans
 with  a  qualifying condition as defined in section one of this article;
 and
   (viii)  advocating on behalf of  women  veterans  to  ensure  that the
 programs  and policies of this state and of the United States department
 of veterans' affairs remain open to women and mindful of the elements of
 the experience of a veteran that are unique to women.
   (b) submit a  report  on  or before February fifteenth of  each  year,
 outlining  the activities of the committee during the preceding calendar
 year  and  any  recommendations  of  the  committee  to the governor and
 legislature. The report must include,  without  limitation,  information
 pertaining to:
   (i) the demographics of women veterans;
   (ii) the current contributions that women veterans have made on behalf
 of the United States and this state;
   (iii) the unique needs of the population of women veterans;
   (iv)  recommendations  regarding  what steps should be taken to reduce
 misinformation and improve support for programs for women veterans; and
   (v) outreach activities undertaken by the committee.
   10.   The   department   of  veterans'  services  shall  help  support
 the committee's activities.
   § 21. Creation of annuity. 1. Payment to veterans. a. Any  veteran  as
 defined  in  this article who has been or is hereafter classified by the
 New York State commission for the visually handicapped as a blind person
 as defined in section three of chapter four hundred fifteen of the  laws
 of  nineteen  hundred  thirteen, as amended, and continues to be a blind
 person within the meaning of that section, shall,  upon  application  to
 the commissioner of the department of veterans' services, be paid out of
 the  treasury  of the state for such term as such veteran shall be enti-
 tled thereto under the provisions of this article, the sum of one  thou-
 sand  dollars  annually,  plus  any  applicable  annual  adjustment,  as
 provided in this section.
   b. The entitlement of  any  veteran  to  receive  the  annuity  herein
 provided  shall  terminate  upon  his or her ceasing to continue to be a
 resident of and domiciled in the state,  but  such  entitlement  may  be
 reinstated  upon  application to the commissioner of veterans' services,
 if such veteran shall thereafter resume his or her residence  and  domi-
 cile in the state.
   c. The effective date of an award of the annuity to a veteran shall be
 the  date  of receipt of the application therefor by the commissioner of
 veterans' services, except that if the  application  is  denied  but  is
 granted  at  a  later date upon an application for reconsideration based
 upon new evidence, the effective date of the award of the annuity  to  a
 veteran  shall be the date of receipt of the application for reconsider-
 ation by the commissioner of veterans' services.
   2. Payment to widows and widowers of blind veterans. a.  The  unremar-
 ried  spouse  of  a  veteran  who heretofore has died or the unremarried
 spouse of a veteran dying hereafter, such veteran being at the  time  of
 her  or  his  death  a recipient of, or eligible for, the benefits above
 provided, shall, upon  application  to  the  commissioner  of  veterans'
 services,  also  be paid out of the treasury of the state the sum of one
 thousand dollars annually, plus any applicable  annual  adjustment,  for
 such term as such unremarried spouse shall be entitled thereto under the
 provisions of this article.
   b.  The  entitlement  of  any  widow or widower to receive the annuity
 herein provided shall terminate upon her or his death or re-marriage  or
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 upon her or his ceasing to continue to be a resident of and domiciled in
 the  state  of  New  York,  but  such entitlement may be reinstated upon
 application to the commissioner of veterans' services, if such widow  or
 widower shall thereafter resume her or his residence and domicile in the
 state.
   c. The effective date of an award of the annuity to a widow or widower
 shall  be the day after the date of death of the veteran if the applica-
 tion therefor is received within one year from such date  of  death.  If
 the  application  is  received  after  the  expiration of the first year
 following the date of the death of the veteran, the effective date of an
 award of the annuity to a widow or widower shall be the date of  receipt
 of  the  application  by  the  commissioner of veterans' services. If an
 application is denied but is granted at a later date upon an application
 for reconsideration based upon new evidence, the effective date  of  the
 award  of the annuity to a widow or widower shall be the date of receipt
 of the application for reconsideration by the commissioner of  veterans'
 services.
   3.  Annual  adjustment.  Commencing in the year two thousand five, and
 for each year thereafter, the amount of any annuity payable  under  this
 section shall be the same amount as the annuity payable in the preceding
 year  plus  a  percentage  adjustment  equal  to  the  annual percentage
 increase, if any, for compensation and pension benefits administered  by
 the  United States Department of Veterans' Affairs in the previous year.
 Such percentage increase shall be rounded up to the  next  highest  one-
 tenth  of  one  percent  and shall not be less than one percent nor more
 than four percent. Commencing in the year two thousand five, the commis-
 sioner of veterans' services, not later  than  February  first  of  each
 year, shall publish by any reasonable means the amount of the annuity as
 adjusted payable under this section.
   § 22. Evidence of entitlement. 1. The evidence of such service, blind-
 ness,  residence and domicile, or of such marriage, widowhood, residence
 and domicile in each case shall be furnished  in  the  manner  and  form
 prescribed  by  the commissioner of veterans' services who shall examine
 the same.
   2. Upon being satisfied that such service was  performed,  that  other
 facts  and  statements  in  the  application of such veteran or widow or
 widower are true and that the said veteran has been  classified  by  the
 New  York  state  commission  for  the  visually  handicapped as a blind
 person, where such veteran is not receiving or not entitled to receive a
 benefit from any existing retirement system to  which  the  state  is  a
 contributor, unless such veteran shall have become disabled by reason of
 loss  of  sight,  while  engaged  in  employment entitling him or her to
 receive a benefit from any existing retirement system to which the state
 is a contributor, and as a result of such disability  has  retired  from
 such  employment  and  is  receiving or is entitled to receive a benefit
 from such retirement system the commissioner of veterans' services shall
 certify to the state comptroller the name and address of such veteran or
 widow or widower.
   3. Thereafter the department of  taxation  and  finance,  through  the
 division  of finance, on the audit and warrant of the comptroller, shall
 pay such veteran or widow or widower such sum as is  authorized  by  the
 provisions  of  this article in monthly installments for so long as such
 veteran or widow or widower shall meet the requirements of this article.
   § 23. Persons who may receive annuity. 1. a. The word "veteran"  means
 a  veteran  as defined in section one of this article who is a resident,
 and who (i) has been or may be released from such  service  under  other
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 than  dishonorable  conditions,  or  (ii) has a qualifying condition, as
 defined in section one of this article, and  has  received  a  discharge
 other  than bad conduct or dishonorable from such service, or (iii) is a
 discharged  LGBT veteran, as defined in section one of this article, and
 has received a discharge other than bad  conduct  or  dishonorable  from
 such  service,  and who (iv) was a recipient of the armed forces expedi-
 tionary medal, the navy expeditionary medal or the marine corps  expedi-
 tionary  medal  for  participation  in  operations  in Lebanon from June
 first, nineteen hundred eighty-three to December first, nineteen hundred
 eighty-seven, in Grenada from  October  twenty-third,  nineteen  hundred
 eighty-three to November twenty-first, nineteen hundred eighty-three, or
 in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
 ary  thirty-first, nineteen hundred ninety, or (v) served on active duty
 for ninety days or more in the uniformed services of the  United  States
 during any one of the following wars or hostilities:
   (1)  in  the  Spanish-American war from the twenty-first day of April,
 eighteen hundred ninety-eight to the eleventh  day  of  April,  eighteen
 hundred ninety-nine, inclusive;
   (2) in the Philippine insurrection or the China relief expedition from
 the  eleventh  day  of April, eighteen hundred ninety-nine to the fourth
 day of July, nineteen hundred two, inclusive;
   (3) in the Mexican border campaign from the ninth day of May, nineteen
 hundred sixteen, to the fifth day of April, nineteen hundred  seventeen,
 inclusive;
   (4)  in  World  War  I  from  the sixth day of April, nineteen hundred
 seventeen to the eleventh day of November,  nineteen  hundred  eighteen,
 inclusive;
   (5) in World War II from the seventh day of December, nineteen hundred
 forty-one  to  the thirty-first day of December, nineteen hundred forty-
 six, inclusive, or who was employed by the War  Shipping  Administration
 or Office of Defense Transportation or their agents as a merchant seaman
 documented  by  the United States Coast Guard or Department of Commerce,
 or as a civil servant employed  by  the  United  States  Army  Transport
 Service  (later  redesignated  as  the United States Army Transportation
 Corps, Water Division) or the  Naval  Transportation  Service;  and  who
 served  satisfactorily  as  a  crew  member  during  the period of armed
 conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
 fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in
 oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such
 terms  are defined under federal law (46 USCA 10301 & 10501) and further
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense, or who served as a United States civilian employed by the Amer-
 ican Field Service and served overseas under United  States  Armies  and
 United  States  Army  Groups  in World War II during the period of armed
 conflict, December  seventh,  nineteen  hundred  forty-one  through  May
 eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
 released therefrom under honorable conditions, or (ii) has a  qualifying
 condition, as defined in section one of this article, and has received a
 discharge  other  than bad conduct or dishonorable from such service, or
 (iii) is a discharged LGBT veteran, as defined in section  one  of  this
 article,  and  has  received  a  discharge  other  than  bad  conduct or
 dishonorable from such service, or who served as a United States  civil-
 S. 8006--C                         80                         A. 9006--C
 
 ian  Flight  Crew  and  Aviation Ground Support Employee of Pan American
 World Airways or one of its subsidiaries or its  affiliates  and  served
 overseas  as  a  result  of  Pan  American's contract with Air Transport
 Command  or  Naval  Air  Transport  Service  during  the period of armed
 conflict, December fourteenth, nineteen hundred forty-one through August
 fourteenth, nineteen hundred forty-five, and who (iv) was discharged  or
 released  therefrom  under honorable conditions, or (v) has a qualifying
 condition, as defined in section one of this article, and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (vi)  is  a  discharged  LGBT veteran, as defined in section one of this
 article, and  has  received  a  discharge  other  than  bad  conduct  or
 dishonorable from such service;
   (6)  in  the  Korean  hostilities from the twenty-seventh day of June,
 nineteen hundred fifty to the  thirty-first  day  of  January,  nineteen
 hundred fifty-five, inclusive;
   (7)  in  the Vietnam conflict from the first day of November, nineteen
 hundred fifty-five to the seventh day of May, nineteen hundred  seventy-
 five;
   (8)  in the Persian Gulf conflict from the second day of August, nine-
 teen hundred ninety to the end of such conflict.
   b. The word "veteran" shall also mean any person who meets  the  other
 requirements  of  paragraph  a of this subdivision, who served on active
 duty for less than ninety days, if he or she was discharged or  released
 from such service for a service-connected disability or who served for a
 period of ninety consecutive days or more and such period began or ended
 during  any  war  or  period of hostilities as defined in paragraph a of
 this subdivision.
   c. The term "active duty" as used in this article shall mean full time
 duty in the uniformed services, other than  active  duty  for  training;
 provided,  however,  that "active duty" shall also include any period of
 active duty for training during which the individual concerned was disa-
 bled or died from a disease or injury incurred or aggravated during such
 period.
   2. No annuity shall be paid under this article to or for a person  who
 is  in prison in a federal, state or local penal institution as a result
 of conviction of a felony or misdemeanor for  any  part  of  the  period
 beginning sixty-one days after his or her imprisonment begins and ending
 when his or her imprisonment ends.
   3.  Where  any  veteran is disqualified for the annuity for any period
 solely by reason of the provisions of subdivision two of  this  section,
 the  commissioner  of veterans' services shall pay to his or her spouse,
 if any, the annuity which such veteran would receive for that period but
 for said subdivision two.
   4. In case an unmarried, divorced or widowed veteran or a widow  of  a
 deceased  annuitant is being furnished hospital treatment, institutional
 or domiciliary care by the United States or the state, the annuity paya-
 ble under this article to such  veteran  or  widow  or  widower  may  be
 discontinued after the first day of the seventh calendar month following
 the  month  of admission of such veteran or widow for treatment or care.
 Payment of such annuity shall be resumed if such  veteran  or  widow  or
 widower  is discharged from the hospital, institution or home, or if his
 or her treatment or care therein is otherwise terminated.
   5. Where payment of the annuity as hereinbefore authorized  is  to  be
 made to a mentally incompetent person or a conservatee, such payment may
 be  authorized by the commissioner of veterans' services of the state to
 be paid only to a duly qualified court-appointed committee or  conserva-
 S. 8006--C                         81                         A. 9006--C
 
 tor,  legally vested with the care of such incompetent's person or prop-
 erty or of such conservatee's property, except that in the  case  of  an
 incompetent  annuitant  for whom a committee has not been appointed or a
 person  under  a  substantial  impairment for whom a conservator has not
 been appointed and who is  hospitalized  in  a  United  States  veterans
 health  administration  hospital or in a hospital under the jurisdiction
 of the state of New York, the commissioner of veterans' services of  the
 state  may  in  his or her discretion certify payment of the annuity, as
 hereinbefore authorized, to the manager of such United  States  veterans
 health  administration  hospital  or  to  the commissioner of such state
 hospital for the  account  of  the  said  incompetent  or  substantially
 impaired annuitant.
   § 24. New York state veterans' cemeteries. 1. Legislative intent.  The
 legislature  finds and determines that the devoted service and sacrifice
 of veterans deserve important, unique and  eternal  recognition  by  the
 state of New York. That it is by means of the devoted service and sacri-
 fice of veterans that the liberty, freedom and prosperity enjoyed by all
 New Yorkers is maintained and preserved.
   The  legislature  further  finds  and  determines that to provide this
 important, unique and eternal recognition, the state shall  establish  a
 program of New York state veterans' cemeteries in New York. Such program
 shall  provide  for the construction, establishment, expansion, improve-
 ment, support, operation, maintenance and  the  provision  of  perpetual
 care  for  state veterans' cemeteries in this state, and thereby for the
 memorialization and remembrance of individual veterans and their service
 to their community, state and nation.
   The legislature additionally finds and determines that it is therefore
 necessary to provide for the construction and establishment  of  one  or
 more  New  York  state  veterans'  cemeteries,  and  that to thereafter,
 provide for the expansion, improvement, support, operation,  maintenance
 and   the  provision  of  perpetual  care  of  all  such  cemeteries  so
 constructed and established. The legislature also finds  and  determines
 that  it is appropriate to have the responsibility for the construction,
 establishment, expansion, improvement, support,  operation,  maintenance
 and  the  provision  of  perpetual care for veterans' cemeteries in this
 state, to be under the oversight and direction of the  state  department
 of  veterans' services, and its commissioner, individually, and as chair
 of the management board, for each such veterans' cemetery so constructed
 and established.
   2. The establishment of the first New York state  veterans'  cemetery.
 (a)  The commissioner shall issue, on behalf of the department, a public
 request for information for any local government desiring  to  have  the
 first state veterans' cemetery located within its political subdivision.
 Such  request  shall  specify  the  type  of information to be provided,
 including, at a minimum, a detailed map of the site including  potential
 transportation routes, the history of the site, the types of burials the
 site  could  accommodate,  and the estimated number of veterans within a
 seventy-five mile radius of the  site.  Such  requests  for  information
 shall  be  returnable  to  the  department  by  no later than sixty days
 following the issuance of the requests for information.    Requests  for
 information  issued  by and returned to the department shall be publicly
 available and posted on the department's website.
   (a-1) Following the deadline for the return of requests  for  informa-
 tion  pursuant  to paragraph (a) of this subdivision, the department, in
 cooperation with the United States Department of Veterans  Affairs,  and
 in  consultation  with,  and upon the support of the department of state
 S. 8006--C                         82                         A. 9006--C
 
 division of cemeteries, is hereby directed to conduct  an  investigation
 and  study  on  the  issue  of the construction and establishment of the
 first New York state veterans' cemetery. Such  investigation  and  study
 shall include, but not be limited to:
   (i)  Potential  site  locations for such cemetery, with full consider-
 ation as to the needs of the veterans population; only locations  within
 local governments that have submitted a request for information pursuant
 to  paragraph  (a) of this subdivision shall be considered and each such
 submission shall be considered;
   (ii) The size of the cemetery and types of grave sites;
   (iii) The number of annual interments at the cemetery;
   (iv) Transportation accessibility to the cemetery by  veterans,  their
 families and the general public;
   (v) Costs for construction of the cemetery;
   (vi)  Costs of operation of the cemetery, including but not limited to
 staffing costs to maintain the cemetery;
   (vii) Scalability of the cemetery for future growth and expansion;
   (viii) Potential for funding for the cemetery from federal, local  and
 private sources;
   (ix) Cost of maintenance;
   (x) Data on the population that would be served by the site;
   (xi) The average age of the population in the area covered;
   (xii) The mortality rate of the veteran population for the area;
   (xiii) Surrounding land use;
   (xiv) Topography of the land;
   (xv) Site characteristics;
   (xvi) Cost of land acquisition;
   (xvii)  The  location of existing cemeteries including but not limited
 to national veterans' cemeteries,  county  veterans'  cemeteries,  ceme-
 teries  that  have  plots devoted to veterans, not-for-profit cemeteries
 and any other burial ground devoted to veterans and any  other  type  of
 burial  grounds  devoted  to  the  interment of human remains that is of
 public record; and
   (xviii) Such other and  further  items  as  the  commissioner  of  the
 department  deems necessary for the first state veterans' cemetery to be
 successful.
   A report of the investigation and study conclusions shall be delivered
 to the governor, the temporary president of the senate, the  speaker  of
 the assembly and the chair of the senate committee on veterans, homeland
 security  and  military affairs, and the chair of the assembly committee
 on veterans' affairs by no later than one hundred eighty days after  the
 department has commenced the conduct of the investigation and study.
   (a-2)  Upon the completion of the investigation and study, the results
 shall be provided to the selection committee.  The  selection  committee
 shall consist of nine members as follows:
   (i)  The  commissioner of the department of veterans' services, or his
 or her representative;
   (ii) The director of the division of the budget, or his or her  repre-
 sentative;
   (iii)  Three  members  appointed by the governor, two of whom shall be
 veterans;
   (iv) Two members appointed by the temporary president of  the  senate,
 at least one of whom shall be a veteran; and
   (v) Two members appointed by the speaker of the assembly, at least one
 of whom shall be a veteran.
 S. 8006--C                         83                         A. 9006--C
 
   (a-3)  The  selection  committee  shall be subject to articles six and
 seven of the public officers law. The selection committee shall evaluate
 the results of the study and, upon a majority vote, make a determination
 as to the location of the first state veterans' cemetery. In making this
 determination,  the  committee's  consideration  shall,  at  a  minimum,
 include:
   (i) The findings established by the study;
   (ii) The submitted responses to the requests  for  information  issued
 pursuant to paragraph (a) of this subdivision;
   (iii)  The  guidelines  for receipt of federal funding specified in 38
 USC 2408, 38 CFR 39, and any other relevant  federal  statute  or  regu-
 lation;
   (iv)  The  possibility  of  funding  from  private individuals, corpo-
 rations, or foundations; and
   (v) Any other consideration that would facilitate the successful oper-
 ation of the first state veterans' cemetery.
   (b) The commissioner of the department, the commissioner of the office
 of general services, and the chair of the division of  cemeteries  shall
 determine  the  amount  of  money necessary to fund the non-reimbursable
 costs of a state veterans' cemetery, such as operation and  maintenance,
 for a period of not less than ten years, provided that such amount shall
 not include monies that would be recoverable by the cemetery pursuant to
 a  charge  of  fee  for  the  provision of a gravesite for a non-veteran
 spouse or eligible dependent. Prior to submitting  any  application  for
 funding  from the government of the United States in accordance with the
 grant requirements specified in 38 USC 2408, 38 CFR 30, and other  rele-
 vant  federal  statutes or regulations, for the purpose of seeking funds
 to support  the  construction,  establishment,  expansion,  improvement,
 support,  operation  or  maintenance of New York state's veterans' ceme-
 teries, the director of the division of the budget and the office of the
 state comptroller must certify to the governor, the temporary  president
 of  the  senate,  the  speaker  of the assembly, the chair of the senate
 finance committee and the chair of the assembly ways and means committee
 that there are sufficient funds to cover such amount;  provided  further
 that such moneys may include the veterans remembrance and cemetery main-
 tenance and operation fund created pursuant to section ninety-seven-mmmm
 of  the  state finance law. In making such a certification, the director
 of the division of the budget and the office of  the  state  comptroller
 shall consider, but are not limited to, the following factors:
   (i)  physical  attributes  of  the  veterans cemetery, including size,
 location, and terrain;
   (ii) staffing costs, cost of equipment and equipment maintenance,  and
 security costs;
   (iii)  relevant  state and federal requirements and specifications for
 interment and perpetual care;
   (iv) estimates provided by the United States  Department  of  Veterans
 Affairs;
   (v)  any other non-reimbursable fiscal cost, charge or assessment that
 would be incurred by the cemetery.
   (c) Once the certification that there are sufficient funds pursuant to
 paragraph (b) of this subdivision has been made, and no later than thir-
 ty days following the selection of the site pursuant to paragraph  (a-3)
 of  this subdivision, the commissioner, in consultation with the manage-
 ment board of  the  first  New  York  state  veterans'  cemetery,  shall
 commence  the application process for funding from the government of the
 United States, in accordance with the grant  requirements  specified  in
 S. 8006--C                         84                         A. 9006--C
 
 section  2408 of title 38 of the United States code, part 39 of title 38
 of the code of federal regulations, and any other relevant federal stat-
 ute or regulation, for the purpose  of  seeking  funds  to  support  the
 construction, establishment, expansion, improvement, support, operation,
 maintenance  and  the  provision  of  perpetual care of New York state's
 first veterans' cemetery. Such grant application shall  be  based  on  a
 site selected pursuant to paragraph (a-3) of this subdivision, and shall
 be  consistent with the guidelines for receipt of federal funding pursu-
 ant to the relevant provisions of federal law.
   (d) A management board for the first New York state veterans' cemetery
 shall be appointed pursuant to subdivision three of this section.
   (e) The commissioner shall promulgate rules and regulations governing:
   (i) The guidelines and standards for the construction,  establishment,
 expansion,   improvement,   support,   operation,  maintenance  and  the
 provision of perpetual care for a state veterans' cemetery. Such  guide-
 lines shall include, but not be limited to:
   (1) The size and terrain of the cemetery;
   (2)  The  management  and operation of the cemetery, including but not
 limited to:
   (A) Hours of operation;
   (B) Employees, employee relations, and employee duties;
   (C) The conduct and practice of events, ceremonies and programs;
   (D) The filing and compliance of the cemetery with state  and  federal
 regulators; and
   (E)  Such  other  and further operational and management practices and
 procedures as the commissioner shall determine to be necessary  for  the
 successful operation of a state veterans' cemetery.
   (3) The layout of plots;
   (4)  The  locations  of building and infrastructure, including but not
 limited to:
   (A) Electrical lines and facilities;
   (B) Waterlines, irrigation systems, and drainage facilities;
   (C) Trees, flowers and other plantings;
   (D) Non gravesite memorials, gravesite memorials,  mausoleums,  colum-
 barium  niches,  headstones, grave markers, indoor interment facilities,
 committal-service shelters, signage,  flag  poles,  and  other  memorial
 gathering spaces or infrastructure;
   (E) Roadways, pedestrian pathways, parking sites, curbs and curb cuts;
   (F) Ponds, lakes and other water sites;
   (G)  Retaining walls, gates, fences, security systems or other devices
 for cemetery protection; and
   (H) Any other buildings, structures or  infrastructure  necessary  for
 the safe, efficient and effective operation of the cemetery;
   (5)  The  qualifications for interment, consistent with the provisions
 of state and federal law and any requirements pursuant to the receipt of
 federal, state, local or private funds;
   (6) The location and placement of interments;
   (7) Consistent with the provisions of state and federal  law  and  any
 requirements pursuant to the receipt of federal, state, local or private
 funds,  the  financial  management  of  the  cemetery, including but not
 limited to:
   (A) The procedures for the protection and implementation of the  ceme-
 tery's annual budget;
   (B)  The  seeking,  collecting,  deposit  and expenditure of operating
 funds pursuant to the cemetery's budget;
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   (C) The seeking, collecting, deposit and expenditure of capital  funds
 pursuant to the cemetery's capital plan;
   (D)  The  seeking,  collecting,  deposit  and expenditure of emergency
 funds to address an unexpected event;
   (E) The assessment, charging,  collection  and  deposit  of  fees  and
 charges;
   (F) The management of cemetery finances, both current and future, with
 respect to investments; and
   (G)  Such  other  and further procedures and activities concerning the
 financial management of the cemetery;
   (8) The provision of perpetual care for the  cemetery,  including  but
 not limited to:
   (A)  The  frequency,  standards and methods for the beautification and
 maintenance of grounds,  memorials,  gravesites,  buildings,  ceremonial
 sites, or other locations within, or upon the curtilage of the cemetery;
   (B)  The  frequency, standards and methods for the provision of flags,
 patriotic and military  symbols,  and  other  honorary  items,  at  each
 gravesite and throughout the cemetery; and
   (C)  Such  other  and further standards as are necessary to assure the
 proper perpetual care of the cemetery in a manner befitting the  highest
 level  of  honor and respect deserving to those veterans and their fami-
 lies interred in the cemetery;
   (9) Guidelines and standards for the procurement of land for the ceme-
 tery providing that the state veterans' cemetery, and all  the  property
 upon which it resides shall be owned in fee simple absolute by the state
 of New York;
   (10) Guidelines and standards for the practices and procedures for the
 construction  and establishment of a state veterans' cemetery, including
 contracting  and  purchasing  for  construction  services,  professional
 services,  legal  services, architectural services, consulting services,
 as well as the procurement of materials, all consistent with  the  rele-
 vant provisions of federal, state and local law, the regulations promul-
 gated  thereunder,  and the requirements contained in the grants awarded
 or pursued from the federal government, or any source of  private  fund-
 ing;
   (11) Guidelines and standards for the practices and procedures for the
 expansion  and  improvement  of  a  state  veterans' cemetery, including
 contracting  and  purchasing  for  construction  services,  professional
 services,  legal  services, architectural services, consulting services,
 as well as the procurement of materials, all consistent with  the  rele-
 vant provisions of federal, state and local law, the regulations promul-
 gated  thereunder,  and the requirements contained in the grants awarded
 or pursued from the federal government, or any source of  private  fund-
 ing;
   (12)  Any  other  guidelines  and  standards that would facilitate the
 successful construction, establishment, expansion, improvement, support,
 operation, maintenance and the provision of perpetual care for the state
 veterans' cemetery;
   (ii) Guidelines and standards for any  local  government  desiring  to
 have  the  first  state  veterans' cemetery located within its political
 subdivision, including, but not limited to:
   (1) The requirement that the local government  will  comply  with  all
 state  and federal statutes and regulations concerning the construction,
 establishment, expansion, improvement, support,  operation,  maintenance
 and the provision of perpetual care of the state veterans' cemetery, and
 S. 8006--C                         86                         A. 9006--C
 
 shall  satisfy  any  and  all applicable state and federal standards and
 requirements for the perpetual care of the state veterans' cemetery;
   (2) That the state veterans' cemetery, and all the property upon which
 it  resides  shall  be  owned in fee simple absolute by the state of New
 York;
   (3) That all lands upon which such cemetery is constructed and  estab-
 lished  shall  be used solely for state veterans' cemetery purposes, and
 for the purpose of providing the honor and remembrance of  veterans  and
 their service through ceremonies and programs;
   (4)  Such  other and further requirements as the commissioner may deem
 prudent in the facilitation of the successful siting and operation of  a
 state  veterans'  cemetery  in the jurisdiction of the local government;
 and
   (iii) Such other and further guidelines and standards as are necessary
 for the successful construction, establishment, expansion,  improvement,
 support,  operation, maintenance and the provision of perpetual care for
 a state veterans' cemetery.
   (f) Upon the approval of the application for funding from the  govern-
 ment of the United States, made pursuant to paragraph (c) of this subdi-
 vision,  the  commissioner, upon consultation with the management board,
 shall commence the process of  construction  and  establishment  of  the
 first  state  veterans'  cemetery. Such process shall be consistent with
 the relevant provisions of local, state and federal law, and  the  rules
 and  regulations  established pursuant to paragraph (e) of this subdivi-
 sion.
   3. Management boards of New York state veterans' cemeteries.  (a)  For
 each  New York state veterans'  cemetery  there  shall  be  a management
 board. Each such management board shall consist of nine members, includ-
 ing  the  commissioner of the department who shall serve as  chair,  and
 four members, appointed by the governor. Of such four members, not fewer
 than  two  shall be a veteran of the United States as defined in section
 one of this article or a member of  the  New York army national guard or
 the New York air national guard, or the  New  York  naval  militia.  Two
 members shall be appointed by the temporary president of the senate, and
 two  members  shall  be appointed by the speaker of  the state assembly.
 At least one of the members appointed by the temporary president of  the
 senate  and at least one of  the  members  appointed  by the speaker  of
 the  assembly shall be a veteran of the  United  States  as  defined  in
 section  one of this article or a member of the  New  York army national
 guard or the New York air national guard, or the New York naval militia.
 No member shall receive any compensation for his or  her  service,   but
 members who are not state officials may be reimbursed  for  their  actu-
 al   and   necessary  expenses,  including travel expenses  incurred  in
 performance of their duties. The management board may consult  with  any
 federal,  state  or  local  entity  for  the  purposes  of advancing its
 purposes, mission and duties.
   (b) The management board shall advise, by majority vote,  the  commis-
 sioner  on issues concerning the construction, establishment, expansion,
 improvement,  support,  operation,  maintenance  and  the  provision  of
 perpetual  care for the veterans' cemetery, including but not limited to
 issues of financial  concern,  employment  relations,  cemetery  policy,
 cemetery  events  and programs, and such other and further issues as the
 board and commissioner shall deem important.
   4. Additional state veterans' cemeteries. (a) Not later than ten years
 after the construction and establishment of the  first  New  York  state
 veterans'  cemetery,  and every ten years thereafter, the department, in
 S. 8006--C                         87                         A. 9006--C
 
 cooperation with the United States Department of Veterans Affairs, shall
 conduct an investigation and study on the issue of the construction  and
 establishment  of  additional  New York state veterans' cemeteries. Such
 investigation and study shall consider, but not be limited to, the study
 parameters  established  pursuant to paragraph (a) of subdivision two of
 this section. A report of the investigation and  study  required  to  be
 conducted  pursuant to this subdivision shall be delivered to the gover-
 nor, the temporary president of the senate, the speaker of the  assembly
 and the chair of the senate committee on veterans, homeland security and
 military  affairs,  and the chair of the assembly committee on veterans'
 affairs, by no later than ninety days after the department has commenced
 the conduct of the investigation and study;
   (b) The report of the investigation and study required to be conducted
 pursuant to this subdivision shall provide a determination by the direc-
 tor as to whether the state should construct and establish one  or  more
 additional veterans' cemeteries, and shall state the reasoning and basis
 for such determination; and
   (c)  The department may, at the discretion of the commissioner, at any
 time after five years from the completion of construction  of  the  most
 recently  constructed and established state veterans' cemetery, in coop-
 eration with the United States Department of Veterans  Affairs,  conduct
 an  investigation  and study on the issue of the construction and estab-
 lishment of additional New York state veterans' cemeteries. A report  of
 the  investigation and study required to be conducted shall be delivered
 to the governor, the temporary president of the senate, the  speaker  of
 the assembly and the chair of the senate committee on veterans, homeland
 security  and  military affairs, and the chair of the assembly committee
 on veterans' affairs, by no later than ninety days after the  department
 has commenced the conduct of the investigation and study.
   (d)  If  the  commissioner,  pursuant  to  the investigation and study
 conducted pursuant to this subdivision, determines that there  shall  be
 an  additional  state  veterans' cemetery in New York state, the commis-
 sioner shall provide for the construction and establishment of such  new
 veterans' cemetery pursuant to the same guidelines and standards for the
 construction  and  establishment  of  the first state veterans' cemetery
 under this section.
   5. Expansion and improvement of existing state  veterans'  cemeteries.
 The  commissioner,  in consultation with the management board of a state
 veterans' cemetery, may provide for the expansion and/or improvement  of
 the  cemetery.  Such  expansion  and  improvement  shall be conducted in
 accordance with the rules and regulations of the department under  para-
 graph (e) of subdivision two of this section.
   §  25.  Veterans  health  screening.  1.  As  used in this section: a.
 "Eligible member" means a member of the New York army national guard  or
 the  New  York air national guard who served in the Persian Gulf War, as
 defined in 38 USC 101, or in an area designated as a combat zone by  the
 president  of  the  United  States  during Operation Enduring Freedom or
 Operation Iraqi Freedom;
   b. "Veteran" means a person as defined in section one of this  article
 who is a resident of the state;
   c.  "Military  physician"  includes  a physician who is under contract
 with the United  States  department  of  defense  to  provide  physician
 services to members of the uniformed services; and
   d.  "Depleted  uranium" means uranium containing less uranium-235 than
 the naturally occurring distribution of uranium isotopes.
 S. 8006--C                         88                         A. 9006--C
 
   2. On and after February  first,  two  thousand  seven,  the  adjutant
 general  and  the state commissioner shall assist any eligible member or
 veteran who has been experiencing health problems.   Such  problems  may
 include  exposure  to toxic materials or harmful physical agents such as
 depleted  uranium. An eligible member or veteran who has been assigned a
 risk level I, II or III for depleted uranium  exposure  by  his  or  her
 branch of service, is referred by a military physician, or has reason to
 believe  that  he or she was exposed to toxic materials or harmful phys-
 ical agents such as depleted uranium during such service,  in  obtaining
 federal  treatment  services.  Such  treatment shall include, but not be
 limited to, a best  practice  health  screening  test  for  exposure  to
 depleted  uranium using a bioassay procedure involving sensitive methods
 capable of detecting depleted uranium at  low  levels  and  the  use  of
 equipment  with the capacity to discriminate between different radioiso-
 topes in naturally occurring levels of uranium  and  the  characteristic
 ratio and marker for depleted uranium. As more scientific reliable tests
 become  available such test shall be included in the treatment protocol.
 No state funds shall be used to pay for such tests or such other federal
 treatment services.
   3. On or before February  first,  two  thousand  seven,  the  adjutant
 general shall submit a report to the chair of the senate veterans, home-
 land security and military affairs committee and the chair of the assem-
 bly  veterans'  affairs  committee on the scope and adequacy of training
 received by members of the New York army national guard and the New York
 air national guard  on  detecting  whether  their  service  as  eligible
 members  is  likely  to  entail,  or to have entailed, exposure to toxic
 materials or harmful physical agents such  as  depleted  uranium.    The
 report shall include an assessment of the feasibility and cost of adding
 predeployment training concerning potential exposure to depleted uranium
 and  other  toxic  chemical  substances  and the precautions recommended
 under combat and noncombat conditions  while  in  a  combat  theater  or
 combat zone of operations.
   §  26.  Payment  to parents of veterans. 1. Annuity established. (a) A
 parent, identified in 10 USC 1126 as a gold star parent,  of  a  veteran
 who  heretofore has died or a parent of a veteran dying hereafter, shall
 upon application to the state commissioner, be paid  an  annual  annuity
 out of the treasury of the state for the sum of five hundred dollars for
 such  term as such parent shall be entitled thereto under the provisions
 of this article. Commencing in  the  year  two  thousand  nineteen,  the
 amount  of  any  annuity  payable  under  this section shall be the same
 amount as the annuity payable in the preceding year  plus  a  percentage
 adjustment  equal to the annual percentage increase, if any, for compen-
 sation and pension benefits administered by the United States Department
 of Veterans Affairs in the previous year. Such percentage increase shall
 be rounded up to the next highest one-tenth of one percent and shall not
 be less than one percent nor more than four percent. The commissioner of
 veterans' services, not later than February first of  each  year,  shall
 publish by any reasonable means, including but not limited to posting on
 the  department's website, the amount of the annuity as adjusted payable
 under this section. The term "parent" for the purposes of  this  section
 includes mother, father, stepmother, stepfather, mother through adoption
 and father through adoption.
   (b)  The  entitlement of any parent to receive the annuity provided by
 paragraph (a) of this subdivision shall terminate upon his or her  death
 or upon his or her ceasing to continue to be a resident of and domiciled
 in  the  state  of New York, but such entitlement may be reinstated upon
 S. 8006--C                         89                         A. 9006--C
 
 application to the state commissioner, if such parent  shall  thereafter
 resume his or her residence and domicile in the state.
   (c) The effective date of an award of the annuity to a parent shall be
 the day after the date of death of the veteran if the application there-
 for  is received within one year from date of death.  If the application
 is received after the expiration of the first year following the date of
 the death of the veteran, the effective date of an award of the  annuity
 to a parent shall be the date of receipt of the application by the state
 commissioner.  If  the  application  is denied but is granted at a later
 date upon an application for reconsideration based  upon  new  evidence,
 the  effective date of the award of the annuity to a parent shall be the
 date of the receipt of the application for reconsideration by the  state
 commissioner.
   (d)  Any  applicant  convicted  of  making  any false statement in the
 application for the annuity shall be subject to penalties prescribed  in
 the penal law.
   2.  Qualifications.  (a)  Any gold star parent, who is the parent of a
 deceased veteran, and who is a resident of and domiciled in the state of
 New York, shall make application to the department.
   (b) No entitlement shall be paid under this section to or for  a  gold
 star  parent who is in prison in a federal, state, or local penal insti-
 tution as a result of conviction of a felony or misdemeanor for any part
 of the period beginning sixty-one days after  his  or  her  imprisonment
 begins and ending with his or her release.
   (c) Where one or more gold star parents are disqualified for the annu-
 ity  for  a  period  under  paragraph (b) of this subdivision, the state
 commissioner shall pay the shares of such disqualified  parents  to  the
 other parents, if they meet the qualifications on their own.
   (d)  The  decision  of the state commissioner on matters regarding the
 payment of such annuity shall be final.
   3. Method of payment. (a) Evidence of  the  military  service  of  the
 deceased  veteran  of  the  gold  star  parent  for  each  case shall be
 furnished in the manner and form prescribed by the state commissioner.
   (b) Upon being satisfied that such service was honorable,  that  other
 facts  and  statements  in  the application of such gold star parent are
 true, the state commissioner shall certify to the state comptroller  the
 name and address of such gold star parent.
   (c)  Thereafter,  the department of taxation and finance, on the audit
 and warrant of the comptroller, shall pay such gold star parent such sum
 as is authorized by  the  provisions  of  this  section  in  semi-annual
 installments  for  so long as such qualified gold star parent shall meet
 the requirements of this section.
   4. Report. The state commissioner shall submit a report to the  gover-
 nor,  the  chair  of  the senate finance committee, and the chair of the
 assembly ways and means committee not later than  January  fifteenth  of
 each  year this section is in effect. Such report shall include, but not
 be limited to regulations promulgated pursuant to this  section,  and  a
 description and evaluation of the program.
   § 27. Cremated remains of a veteran. The cremated remains of a veteran
 may  be  disposed  of  pursuant  to  the provisions of section forty-two
 hundred three of the public health law.
   § 28. New York state silver rose  veterans  service  certificate.  The
 commissioner,  in  consultation  with  the  adjutant  general, is hereby
 authorized to present in the name of the legislature of the state of New
 York, a certificate, to be known as the  "New  York  State  Silver  Rose
 S. 8006--C                         90                         A. 9006--C
 
 Veterans  Service  Certificate",  bearing  a suitable inscription to any
 person:
   1. who is a citizen of the state of New York; or
   2.  who  was  a  citizen of the state of New York while serving in the
 uniformed services of the United States, and who while  serving  in  the
 uniformed  services  of  the  United States, or the organized militia on
 active duty was exposed to dioxin or phenoxy herbicides, as evinced by a
 medical diagnosis of a disease associated with dioxin or phenoxy  herbi-
 cides,  and  any  other  proof  determined by the adjutant general to be
 necessary; or
   3. who was honorably discharged or released  under  honorable  circum-
 stances.
   Not  more  than  one  New York state silver rose veterans certificates
 shall be awarded or presented, under the provisions of this section,  to
 any person whose entire service subsequent to the time of the receipt of
 such  certificate  shall  not  have  been honorable. In the event of the
 death of any person during or subsequent to the receipt of such  certif-
 icate  it  shall  be presented to such representative of the deceased as
 may be designated. The commissioner, in consultation with  the  adjutant
 general,  shall  make such rules and regulations as may be deemed neces-
 sary for the proper presentation and distribution of such certificates.
   § 29. Intake forms for admission and residency. 1. The department,  in
 cooperation  with  the office of temporary and disability assistance and
 any  other  state department, office,  division  or  agency  the depart-
 ment deems  necessary,  shall  require that all intake forms for  admis-
 sion  or  residency  to any temporary shelter that  is  reimbursed  from
 state or state-administered   grants or funds shall  ask  an  applicant:
 "Have  you  or  anyone  in your household ever been in the United States
 military?".  Each social services district or social services district's
 designee shall in writing advise all individuals applying for  temporary
 housing  assistance  and  identifying  themselves  as having been in the
 United States military that  the  department   of   veterans'   services
 and  local  veterans'  service  agencies established pursuant to section
 fourteen of this article provide assistance to veterans regarding  bene-
 fits  available  under  federal  and state law. Such written information
 shall include the name, address and telephone number of the  New    York
 state  department  of  veterans'   services,   the nearest department of
 veterans' services office, the nearest county or city veterans'  service
 agency  and  the nearest accredited   veterans'   service officer.  Each
 social  services  district or social   services   district's   designee,
 with  the  permission  of such individual's  identifying   themself   as
 a    veteran,  shall  transmit  such veteran's status information to the
 department of veterans' services.
   2. The department, in cooperation  with  the   office   of   temporary
 and  disability    assistance    and any other state department, office,
 division or agency the  department  deems  necessary,  shall   encourage
 all  other  temporary    shelter   providers   to   share information to
 increase veteran access to benefits by:
   (a) providing information on the department website including:
   (i) potential questions for inclusion on intake forms  including,  but
 not  limited  to: "Have you or anyone in your household ever been in the
 United States military?";
   (ii)  advising   such   providers  that  all   individuals identifying
 themselves  as  having  been  in  the  United  States  military that the
 division and local veterans'  service  agencies  provide  assistance  to
 veterans regarding benefits available under federal and state law; and
 S. 8006--C                         91                         A. 9006--C
 
   (iii)  the   address   and  telephone number of the department, county
 and city   veterans'   service   agencies   and   accredited   veterans'
 service officers; and
   (b)  facilitating    the    transmission   of   such  veteran's status
 information, with the permission of individuals  identifying  themselves
 as a veteran, to the department.
 
                                 ARTICLE 2
                          VETERANS EMPLOYMENT ACT
 Section 30. Short title.
         31. Legislative findings.
         32. Definitions.
         33. Temporary hiring.
         34. Department of civil services responsibilities.
         35. Regulations.
   § 30. Short title. This article shall be known and may be cited as the
 "veterans employment act".
   §  31.  Legislative  findings. The legislature hereby finds that it is
 estimated that over the next five years,  forty-four  thousand  veterans
 are  expected  to return to this state from their military posts, making
 the Empire State home to one of the largest veteran populations  in  the
 country. Shockingly, the unemployment rate for Post-9/11 veterans in New
 York was 10.7% in two thousand twelve, which is nearly one percent high-
 er  than  the  national average and higher than the state's overall 8.2%
 unemployment rate. The legislature has found previously that  it  is  in
 the interest of the state to ensure that returning veterans have employ-
 ment   opportunities  available  upon  their  separation  from  military
 service.
   The state already  encourages  private  businesses  to  hire  military
 veterans through tax credits and other economic incentives. In addition,
 the  legislature has previously found that state agencies spend millions
 of dollars annually on temporary staff hired from  temporary  employment
 service  companies  to  cover  temporary staffing needs. These temporary
 state jobs could serve as a  bridge  for  recently  discharged  military
 veterans  who  have  yet  to find full-time permanent work. In addition,
 these temporary assignments could serve to develop the  next  generation
 of the state workforce and help with succession planning for the current
 workforce.
   The  legislature  declares  it  to  be the policy of this state to use
 veterans for  temporary  appointments  in  state  agencies  rather  than
 utilizing  temporary  employment  service  companies in order to provide
 employment opportunities for returning military veterans.
   § 32. Definitions. As used in this article:
   1. "State agency" shall mean any department, board, bureau,  division,
 commission,  council or committee within the executive branch, the state
 university of New York, the city university of New York, and all  public
 authorities under the control of the executive branch.
   2.  "Temporary appointment" shall have the same meaning as provided in
 section sixty-four of the civil service law.
   3. "Veteran" means a veteran (a) as defined in  section  one  of  this
 chapter, or (b) a member of the  New  York guard or New York naval mili-
 tia who was discharged under other than dishonorable conditions, and who
 was  released from such service  after  September eleventh, two thousand
 one.
   4. "Veteran temporary hiring list" shall mean a hiring list maintained
 by the department of civil service.
 S. 8006--C                         92                         A. 9006--C
 
   § 33. Temporary hiring. Notwithstanding any provision of  law  to  the
 contrary,  a state agency shall select a veteran from the veteran tempo-
 rary hiring list when  making  a  temporary  appointment  provided  such
 veteran possesses the applicable skills needed for the temporary assign-
 ment.
   § 34. Department of civil services responsibilities. The department of
 civil service shall:
   1.  establish and maintain a veteran temporary hiring list, for use by
 state agencies in the implementation of this article;
   2. assist state agencies by making available services of  the  depart-
 ment of civil service to facilitate the provisions of this article; and
   3.  establish  and  maintain,  together  with  the commissioner of the
 department of  veterans'  services,  a  program  to  educate  separating
 service  members  as  to  the  benefits available to veterans under this
 article.
   § 35. Regulations. The president of the state civil service commission
 shall promulgate such rules and regulations as  shall  be  necessary  to
 implement the provisions of this article.
 
                                 ARTICLE 3
        PARTICIPATION BY SERVICE-DISABLED VETERANS WITH RESPECT TO
                              STATE CONTRACTS
 Section 40. Definitions.
         41. Division of service-disabled veterans' business development.
         42. Opportunities  for  certified service-disabled veteran-owned
               business enterprises.
         43. Severability.
   § 40. Definitions. As used in this article, the following terms  shall
 have the following meanings:
   1.  "Certified  service-disabled  veteran-owned  business  enterprise"
 shall mean a business enterprise, including a sole proprietorship, part-
 nership, limited liability company or corporation that is:
   (a) at least fifty-one percent owned by one or  more  service-disabled
 veterans;
   (b)  an enterprise in which such service-disabled veteran ownership is
 real, substantial, and continuing;
   (c) an enterprise in which such service-disabled veteran ownership has
 and exercises the authority  to  control  independently  the  day-to-day
 business decisions of the enterprise;
   (d) an enterprise authorized to do business in this state and is inde-
 pendently-owned and operated;
   (e)  an  enterprise  that  is a small business which has a significant
 business presence in the state, not dominant in its field  and  employs,
 based  on its industry, a certain number of persons as determined by the
 director, but not to exceed three  hundred,  taking  into  consideration
 factors  which  include,  but are not limited to, federal small business
 administration standards pursuant to 13 CFR part 121 and any  amendments
 thereto; and
   (f) certified by the office of general services.
   2. "Commissioner" shall mean the commissioner of the office of general
 services.
   3. "Director" shall mean the director of the division of service-disa-
 bled veterans' business development.
   4.  "Division"  shall  mean the division of service-disabled veterans'
 business development in the office of general services.
 S. 8006--C                         93                         A. 9006--C
 
   5. "Service-disabled veteran" shall mean (a) a veteran as  defined  in
 section  one  of  this chapter and who received a compensation rating of
 ten percent or greater from the United  States  Department  of  Veterans
 Affairs  or  from  the  United States department of defense because of a
 service-connected  disability  incurred  in the line of duty, and (b) in
 the case of the New York guard or the  New  York  naval  militia  and/or
 reserves  thereof,  a  veteran  who certifies, pursuant to the rules and
 regulations promulgated by the director, to having  incurred  an  injury
 equivalent  to  a compensation rating of ten percent or greater from the
 United States Department of Veterans Affairs or from the  United  States
 Department of Defense because of a service-connected disability incurred
 in the line of duty.
   6. "State agency" shall mean: (a)(i) any state department; or (ii) any
 division,  board, commission or bureau of any state department; or (iii)
 the state university of New York and the city university  of  New  York,
 including  all their constituent units except community colleges and the
 independent institutions operating statutory  or  contract  colleges  on
 behalf  of  the  state; or (iv) a board, a majority of whose members are
 appointed by the governor or who serve by virtue of being state officers
 or employees as defined in subparagraph (i), (ii) or (iii) of  paragraph
 (i)  of  subdivision one of section seventy-three of the public officers
 law.
   (b) a "state authority" as defined in subdivision one of  section  two
 of the public authorities law, and the following:
   Albany County Airport Authority;
   Albany Port District Commission;
   Alfred, Almond, Hornellsville Sewer Authority;
   Battery Park City Authority;
   Cayuga County Water and Sewer Authority;
   (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
   Corporation;
   Industrial Exhibit Authority;
   Livingston County Water and Sewer Authority;
   Long Island Power Authority;
   Long Island Rail Road;
   Long Island Market Authority;
   Manhattan and Bronx Surface Transit Operating Authority;
   Metro-North Commuter Railroad;
   Metropolitan Suburban Bus Authority;
   Metropolitan Transportation Authority;
   Natural Heritage Trust;
   New York City Transit Authority;
   New York Convention Center Operating Corporation;
   New York State Bridge Authority;
   New York State Olympic Regional Development Authority;
   New York State Thruway Authority;
   Niagara Falls Public Water Authority;
   Niagara Falls Water Board;
   Port of Oswego Authority;
   Power Authority of the State of New York;
   Roosevelt Island Operating Corporation;
   Schenectady Metroplex Development Authority;
   State Insurance Fund;
   Staten Island Rapid Transit Operating Authority;
   State University Construction Fund;
   Syracuse Regional Airport Authority;
 S. 8006--C                         94                         A. 9006--C
 
   Triborough Bridge and Tunnel Authority;
   Upper Mohawk valley regional water board;
   Upper Mohawk valley regional water finance authority;
   Upper Mohawk valley memorial auditorium authority;
   Urban Development Corporation and its subsidiary corporations.
   (c)  the  following only to the extent of state contracts entered into
 for its own account or for the benefit of a state agency as  defined  in
 paragraph (a) or (b) of this subdivision:
   Dormitory Authority of the State of New York;
   Facilities Development Corporation;
   New York State Energy Research and Development Authority;
   New York State Science and Technology Foundation.
   (d)  "state  contract" shall mean: (i) a written agreement or purchase
 order instrument, providing for a total expenditure in excess  of  twen-
 ty-five  thousand  dollars, whereby a contracting agency is committed to
 expend or does expend funds in return for labor, services including  but
 not  limited  to  legal,  financial  and  other  professional  services,
 supplies, equipment, materials or any combination of the  foregoing,  to
 be  performed  for,  or rendered or furnished to the contracting agency;
 (ii) a written agreement in  excess  of  one  hundred  thousand  dollars
 whereby a contracting agency is committed to expend or does expend funds
 for the acquisition, construction, demolition, replacement, major repair
 or  renovation  of  real  property and improvements thereon; and (iii) a
 written agreement in excess of one hundred thousand dollars whereby  the
 owner of a state assisted housing project is committed to expend or does
 expend funds for the acquisition, construction, demolition, replacement,
 major repair or renovation of real property and improvements thereon for
 such project.
   7.  "Veteran"  shall  mean  (a) a veteran as defined in section one of
 this   chapter, or (b) a member  of  the  New    York    guard  who  was
 discharged under other than dishonorable conditions, or  (c) has a qual-
 ifying  condition,  as  defined  in section one of this chapter, and has
 received a discharge other  than bad conduct or dishonorable  from  such
 service, or  (d) is a discharged LGBT veteran, as defined in section one
 of this chapter, and has  received  a  discharge  other than bad conduct
 or dishonorable from such service.
   §  41. Division of service-disabled veterans' business development. 1.
 The head of the division of service-disabled veterans' business develop-
 ment shall be the director who shall be appointed by  the  governor  and
 who shall hold office at the pleasure of the commissioner.
   2.  The  director  may  appoint  such  deputies, assistants, and other
 employees as may be needed for the performance of the duties  prescribed
 herein  subject to the provisions of the civil service law and the rules
 and regulations of  the  civil  service  commission.  The  director  may
 request  and  shall  receive  from  any (i) department, division, board,
 bureau, or executive commission of the state or (ii) state agency,  such
 assistance as may be necessary to carry out the provisions of this arti-
 cle.
   3. The director shall have the following powers and duties:
   (a)  Develop, collect, summarize and disseminate information that will
 be helpful to persons and organizations throughout the state  in  under-
 taking  or  promoting  the  establishment  and successful operation of a
 service-disabled veteran-owned business.
   (b) Develop and make available to state agencies a directory of certi-
 fied service-disabled veteran-owned business  enterprises  which  shall,
 wherever  practicable,  be  divided  into categories of labor, services,
 S. 8006--C                         95                         A. 9006--C
 
 supplies, equipment, materials and recognized  construction  trades  and
 which  shall  indicate areas or locations of the state where such enter-
 prises are available to perform services. Such directory shall be posted
 on the office of general services website.
   (c) Assist state agencies in the development of programs to foster and
 promote  the  use of service-disabled veteran-owned business enterprises
 on state contracts.
   (d) Coordinate the plans, programs and operations of the state govern-
 ment which affect or may contribute to the  establishment,  preservation
 and development of service-disabled veteran-owned business enterprises.
   (e)  To  appoint independent hearing officers who by contract or terms
 of employment shall preside over adjudicatory hearings pursuant to  this
 section for the office and who are assigned no other work by the office.
   (f)  In  conjunction  with  the  commissioner, develop a comprehensive
 statewide plan and operational guidelines  to  promote  service-disabled
 veteran-owned  business  enterprises  and  to  assist  them in obtaining
 opportunities to participate in the procurement of goods and services by
 the state, including  identification  of  barriers  to  service-disabled
 veterans' business development and investigation and evaluation of their
 impact on achieving the objectives of this article.
   4. The commissioner shall:
   (a)  Coordinate  training  of all procurement personnel of state agen-
 cies, emphasizing increased sensitivity and responsiveness to the unique
 needs and requirements of service-disabled veteran-owned business enter-
 prises.
   (b) Conduct a coordinated review of all existing  and  proposed  state
 training  and  technical  assistance activities in direct support of the
 service-disabled  veterans'  business  development  program  to   assure
 consistency with the objectives of this article.
   (c)  Evaluate  and  assess  availability  of  firms for the purpose of
 increasing participation of such firms in state contracting in consulta-
 tion with relevant state entities including, but not limited to, the New
 York state department of veterans' services.
   (d) Provide advice and technical assistance to  promote  service-disa-
 bled veteran-owned business enterprises' understanding of state procure-
 ment  laws,  practices  and  procedures  to  facilitate and increase the
 participation of service-disabled veteran-owned business enterprises  in
 state procurement.
   (e)  Establish  regular performance reporting systems regarding imple-
 mentation of the programs designed to increase  service-disabled  veter-
 an-owned  business participation in procurement contracts by state agen-
 cies.
   (f) Submit a report by the thirty-first of December each year, to  the
 governor,  the  temporary  president  of  the senate, the speaker of the
 assembly and the chairpersons of the senate finance  and  assembly  ways
 and  means  committees. Such report shall include information including,
 but not limited to, the number of contracts  entered  into  pursuant  to
 this  article,  the  average  amount  of  such  contracts, the number of
 service-disabled  veteran-owned  business  enterprises  certified,   the
 number  of applications for certification as a service-disabled veteran-
 owned business enterprise, the number of denials for such certification,
 the number of appeals of such denials, and the outcome of  such  appeals
 and  the  average  time  that  is  required for such certification to be
 completed. Also to be included shall be the  level  of  service-disabled
 veteran-owned  businesses  participating  in each agency's contracts for
 goods and services and on activities of the division and efforts by each
 S. 8006--C                         96                         A. 9006--C
 
 contracting agency to promote utilization of  service-disabled  veteran-
 owned  businesses and to promote and increase participation by certified
 service-disabled  veteran-owned  businesses  with   respect   to   state
 contracts and subcontracts to such businesses. Such report may recommend
 new activities and programs to effectuate the purposes of this article.
   5. Certification. (a) The director, or in the absence of the director,
 the commissioner, within ninety days of the effective date of this arti-
 cle, shall promulgate rules and regulations providing for the establish-
 ment  of  a  statewide  certification  program including rules and regu-
 lations governing the  approval,  denial,  or  revocation  of  any  such
 certification.  Such  rules  and  regulations  shall include, but not be
 limited to, such matters as may be required to ensure  that  the  estab-
 lished  procedures  thereunder  shall at least be in compliance with the
 code of fair procedure set forth in section seventy-three of  the  civil
 rights law.
   (b)  The  division  of service-disabled veterans' business development
 shall be responsible for verifying businesses as being owned,  operated,
 and  controlled  by  a  service-disabled veteran and for certifying such
 verified businesses. Status as a service-disabled  veteran  pursuant  to
 paragraph  (a)  of this subdivision shall be documented by a copy of the
 veteran's certificate of release or discharge from active duty,  includ-
 ing  but  not  limited  to,  a  DD-214  form  or  an  honorable  service
 certificate/report of casualty from the Department of Defense, a  letter
 of  certification by the United States Department of Veterans Affairs or
 the United States Department of Defense and any  additional  information
 that may be required by the division of service-disabled veterans' busi-
 ness  development.  In  the  case  of the New York guard or the New York
 naval militia and/or reserves  thereof,  status  as  a  service-disabled
 veteran pursuant to this paragraph shall be documented pursuant to rules
 and  regulations  promulgated  by the director, or in the absence of the
 director, the commissioner.
   (c) Following application for certification pursuant to this  section,
 the  director  shall  provide  the  applicant with written notice of the
 status of the application, including notice of any outstanding deficien-
 cies, within thirty days. Within sixty days of  submission  of  a  final
 completed  application,  the  director  shall provide the applicant with
 written notice of a determination by the director approving  or  denying
 such  certification  and,  in the event of a denial, a statement setting
 forth the reasons for such  denial.  Upon  a  determination  denying  or
 revoking  certification, the business enterprise for which certification
 has been so denied or revoked shall, upon written  request  made  within
 thirty days from receipt of notice of such determination, be entitled to
 a  hearing  before  an  independent  hearing officer designated for such
 purpose by the director. In the event that a request for  a  hearing  is
 not  made  within  such  thirty-day  period, such determination shall be
 deemed to be final. The independent  hearing  officer  shall  conduct  a
 hearing  and upon the conclusion of such hearing, issue a written recom-
 mendation to the director to affirm, reverse, or  modify  such  determi-
 nation  of  the director. Such written recommendation shall be issued to
 the parties. The director, within thirty days, by  order,  must  accept,
 reject  or  modify  such  recommendation  of the hearing officer and set
 forth in writing the reason therefor. The director shall serve a copy of
 such order and reasons therefor upon the business enterprise by personal
 service or by certified mail return receipt requested. The order of  the
 director shall be subject to review pursuant to article seventy-eight of
 the civil practice law and rules.
 S. 8006--C                         97                         A. 9006--C
 
   (d) All certifications shall be valid for a period of five years.
   § 42. Opportunities for certified service-disabled veteran-owned busi-
 ness  enterprises. 1.   The director, or in the absence of the director,
 the commissioner, within ninety days of the effective date of this arti-
 cle shall promulgate rules and regulations for the following purposes:
   (a) provide measures and procedures to ensure that certified  service-
 disabled veteran-owned business enterprises are afforded the opportunity
 for  meaningful  participation in the performance of state contracts and
 to assist in state agencies' identification of those state contracts for
 which certified service-disabled veteran-owned business enterprises  may
 best perform;
   (b)  provide for measures and procedures that assist state agencies in
 the identification of state  contracts  where  service-disabled  veteran
 contract  goals  are practical, feasible and appropriate for the purpose
 of increasing the utilization of service-disabled veteran-owned business
 enterprise participation on state contracts;
   (c) achieve a statewide goal for participation on state  contracts  by
 service-disabled veteran-owned business enterprises of six percent;
   (d)  provide  for  procedures  relating  to  submission and receipt of
 applications by service-disabled veteran-owned business enterprises  for
 certification;
   (e)  provide  for  the monitoring and compliance of state contracts by
 state agencies with respect to the provisions of this article;
   (f) provide for the requirement that  state  agencies  submit  regular
 reports,  as  determined by the director, with respect to their service-
 disabled veteran-owned business enterprise program  activity,  including
 but  not limited to, utilization reporting and state contract monitoring
 and compliance;
   (g) notwithstanding any provision of the state finance law, the public
 buildings law, the highway law, the transportation  law  or  the  public
 authorities  law  to the contrary, provide for the reservation or set-a-
 side of certain procurements by state agencies in order to  achieve  the
 objectives  of  this  article; provided, however, that such procurements
 shall remain subject to (i) priority of preferred  sources  pursuant  to
 sections  one hundred sixty-two and one hundred sixty-three of the state
 finance law; (ii) the approval of the comptroller of the  state  of  New
 York  pursuant  to  section  one  hundred twelve and section one hundred
 sixty-three of the state finance law and  section  twenty-eight  hundred
 seventy-nine-a  of the public authorities law; and (iii) the procurement
 record requirements pursuant to  paragraph  g  of  subdivision  nine  of
 section one hundred sixty-three of the state finance law; and
   (h) provide for any other purposes to effectuate this article.
   2.  State  agencies shall administer the rules and regulations promul-
 gated by the director for the implementation of this article.
   § 43. Severability. If any clause,  sentence,  paragraph,  section  or
 part  of this article shall be adjudged by any court of competent juris-
 diction to be invalid, the judgment shall not affect, impair or  invali-
 date  the  remainder  thereof, but shall be confined in its operation to
 the clause, sentence, paragraph, section or part of this article direct-
 ly involved in the controversy in which the  judgment  shall  have  been
 rendered.
   §  3.  Paragraph  a  of  subdivision 3 of section 14-a of the domestic
 relations law, as separately amended by section 27 of part AA of chapter
 56 and chapter 177 of the laws of 2019, is amended to read as follows:
   a. No fee shall be charged for any certificate when  required  by  the
 United  States  department  of  veterans  affairs  or  by the [division]
 S. 8006--C                         98                         A. 9006--C
 
 DEPARTMENT of veterans' services of the state of New York to be used  in
 determining the eligibility of any person to participate in the benefits
 made available by the United States department of veterans affairs or by
 the state of New York.
   §  4.  Subdivision  1  of section 19 of the domestic relations law, as
 amended by section 28 of part AA of chapter 56 of the laws of  2019,  is
 amended to read as follows:
   1.  Each  town  and  city  clerk  hereby  empowered  to issue marriage
 licenses shall keep a book supplied by the state department of health in
 which such clerk shall record and index such information as is  required
 therein,  which book shall be kept and preserved as a part of the public
 records of his or her office. Whenever an  application  is  made  for  a
 search  of such records the city or town clerk, excepting the city clerk
 of the city of New York, may make such search and furnish a  certificate
 of the result to the applicant upon the payment of a fee of five dollars
 for  a search of one year and a further fee of one dollar for the second
 year for which such search is requested and fifty cents for  each  addi-
 tional  year  thereafter,  which  fees  shall be paid in advance of such
 search. Whenever an application is made for a search of such records  in
 the  city  of  New York, the city clerk of the city of New York may make
 such search and furnish a certificate of the  result  to  the  applicant
 upon the payment of a fee of five dollars for a search of one year and a
 further  fee  of  one  dollar  for  the  second year for which search is
 requested and fifty cents each additional year thereafter. Notwithstand-
 ing any other provision of this article, no fee shall be charged for any
 search or certificate when required by the United States  department  of
 veterans  affairs  or by the [division] DEPARTMENT of veterans' services
 of the state of New York to be used in determining  the  eligibility  of
 any  person  to participate in the benefits made available by the United
 States department of veterans affairs or by the state of New  York.  All
 such affidavits, statements and consents, immediately upon the taking or
 receiving  of  the same by the town or city clerk, shall be recorded and
 indexed as provided herein and shall  be  public  records  and  open  to
 public  inspection  whenever  the  same may be necessary or required for
 judicial or other proper purposes. At such  times  as  the  commissioner
 shall  direct,  the said town or city clerk, excepting the city clerk of
 the city of New York, shall file in the office of the  state  department
 of health the original of each affidavit, statement, consent, order of a
 justice  or  judge  authorizing  immediate  solemnization  of  marriage,
 license and certificate, filed with or made before such clerk during the
 preceding month. Such clerk shall not be required to file  any  of  said
 documents  with  the  state  department  of  health until the license is
 returned with the certificate showing that the marriage  to  which  they
 refer has been actually performed.
   The  county  clerks  of  the  counties comprising the city of New York
 shall cause all original applications and  original  licenses  with  the
 marriage  solemnization  statements  thereon heretofore filed with each,
 and all papers and records and binders relating to such  original  docu-
 ments  pertaining  to  marriage  licenses  issued by said city clerk, in
 their custody and possession to be removed, transferred,  and  delivered
 to the borough offices of the city clerk in each of said counties.
   § 5. Subdivision 1 of section 3308 of the education law, as amended by
 section  29  of part AA of chapter 56 of the laws of 2019, is amended to
 read as follows:
   1. Each member state shall, through the creation of a state council or
 use of an existing body or board, provide for the coordination among its
 S. 8006--C                         99                         A. 9006--C
 agencies of government, local educational agencies and military  instal-
 lations  concerning  the  state's participation in, and compliance with,
 this compact and interstate commission  activities.  In  New  York,  the
 state council shall include the commissioner or his or her designee, the
 [director]  COMMISSIONER  of the New York state [division] DEPARTMENT of
 veterans' services or his or her designee, the adjutant general  of  the
 state  of  New York or his or her designee, a superintendent of a school
 district with a high concentration of military children appointed by the
 commissioner, a district superintendent of schools of a board of cooper-
 ative educational services serving an area with a high concentration  of
 military children appointed by the commissioner, a representative from a
 military  installation  appointed  by  the governor, a representative of
 military families appointed by the governor, a public  member  appointed
 by  the governor and one representative each appointed by the speaker of
 the assembly, the temporary president of the senate and the governor.
   § 6. Subdivision 1 of section 6505-c of the education law, as  amended
 by  section  30 of part AA of chapter 56 of the laws of 2019, is amended
 to read as follows:
   1. The commissioner shall develop, jointly with the [director] COMMIS-
 SIONER of the [division] DEPARTMENT of veterans' services, a program  to
 facilitate articulation between participation in the military service of
 the  United States or the military service of the state and admission to
 practice of a profession. The commissioner and  the  [director]  COMMIS-
 SIONER OF VETERANS' SERVICES shall identify, review and evaluate profes-
 sional  training programs offered through either the military service of
 the United States or the military service of the state which may,  where
 applicable,  be  accepted  by the department as equivalent education and
 training in lieu of all or  part  of  an  approved  program.  Particular
 emphasis  shall  be  placed  on  the identification of military programs
 which have previously been deemed acceptable by the department as equiv-
 alent education and training, programs which may provide, where applica-
 ble, equivalent education and training for those professions  which  are
 critical  to  public  health  and safety and programs which may provide,
 where  applicable,  equivalent  education   and   training   for   those
 professions for which shortages exist in the state of New York.
   §  7.  The  opening paragraph of section 5-211 of the election law, as
 separately amended by chapters 587 and 672  of  the  laws  of  2019,  is
 amended to read as follows:
   Each  agency designated as a participating agency under the provisions
 of this section shall implement and administer a program of distribution
 of voter registration forms pursuant to the provisions of this  section.
 The  following  offices  which  provide public assistance and/or provide
 state funded programs primarily engaged in providing services to persons
 with disabilities are hereby designated as voter registration  agencies:
 designated as the state agencies which provide public assistance are the
 office  of  children  and  family  services, the office of temporary and
 disability assistance and the department of health. Also  designated  as
 public  assistance  agencies  are  all agencies of local government that
 provide such assistance.  Designated  as  state  agencies  that  provide
 programs primarily engaged in providing services to people with disabil-
 ities  are  the  department  of  labor, office for the aging, [division]
 DEPARTMENT of veterans' services, office of  mental  health,  office  of
 vocational  and  educational services for individuals with disabilities,
 commission on quality of care for  the  mentally  disabled,  office  for
 people with developmental disabilities, commission for the blind, office
 of  [alcoholism  and  substance  abuse  services] ADDICTION SERVICES AND
 S. 8006--C                         100                        A. 9006--C
 
 SUPPORTS, the office of the advocate for the disabled  and  all  offices
 which  administer programs established or funded by such agencies. Addi-
 tional participating agencies designated as voter  registration  offices
 are  the  department  of  state and the district offices of the workers'
 compensation board. Such agencies  shall  be  required  to  offer  voter
 registration  forms  to  persons  upon initial application for services,
 renewal or recertification for  services  and  upon  change  of  address
 relating  to  such services. Such agencies shall also be responsible for
 providing assistance to  applicants  in  completing  voter  registration
 forms,  receiving  and  transmitting the completed application form from
 all applicants who wish to have such form transmitted to the appropriate
 board of elections. The state board of elections  shall,  together  with
 representatives  of the United States department of defense, develop and
 implement procedures for including  recruitment  offices  of  the  armed
 forces  of  the  United  States  as voter registration offices when such
 offices are so designated by federal law.  The state board of  elections
 shall also make request of the United States Citizenship and Immigration
 Services to include applications for registration by mail with any mate-
 rials which are given to new citizens.
   §  8.  Subdivision 3 of section 11-0707 of the environmental conserva-
 tion law, as amended by chapter 322 of the laws of 2021, is  amended  to
 read as follows:
   3.  Any  person  who  is a patient at any facility in this state main-
 tained by the United States Veterans Health  Administration  or  at  any
 hospital  or  sanitorium for treatment of tuberculosis maintained by the
 state or any municipal corporation thereof or resident  patient  at  any
 institution  of the department of Mental Hygiene, or resident patient at
 the rehabilitation hospital of the department of Health, [or at any rest
 camp maintained by the state through the Division of Veterans'  Services
 in the Executive Department] or any incarcerated individual of a conser-
 vation work camp within the youth rehabilitation facility of the depart-
 ment of corrections and community supervision, or any incarcerated indi-
 vidual  of a youth opportunity or youth rehabilitation center within the
 Office of Children and Family Services, any resident of a  nursing  home
 or  residential  health care facility as defined in subdivisions two and
 three of section twenty-eight hundred one of the public health  law,  or
 any  staff  member  or  volunteer  accompanying or assisting one or more
 residents of such nursing home or residential health care facility on an
 outing authorized by the administrator of such nursing home or  residen-
 tial  health  care facility may take fish as if he or she held a fishing
 license, except that he or she may not take bait fish by net or trap, if
 he or she has on  his  or  her  person  an  authorization  upon  a  form
 furnished  by the department containing such identifying information and
 data as may be required by it, and signed by the superintendent or other
 head of such facility, institution, hospital, sanitarium, nursing  home,
 residential health care facility or rest camp, as the case may be, or by
 a staff physician thereat duly authorized so to do by the superintendent
 or  other  head thereof. Such authorization with respect to incarcerated
 individuals of said conservation work camps shall be  limited  to  areas
 under the care, custody and control of the department.
   §  9.  Subdivisions  8,  9  and 10 of section 31 of the executive law,
 subdivision 8 as amended by section 2 of part AA of chapter  56  of  the
 laws  of  2019,  subdivision 9 as amended by section 106 of subpart B of
 part C of chapter 62 of the laws of 2011 and subdivision 10  as  amended
 by section 8 of part O of chapter 55 of the laws of 2012, are amended to
 read as follows:
 S. 8006--C                         101                        A. 9006--C
 
   8. [The division of veterans' services.
   9.] The division of homeland security and emergency services.
   [10.] 9. Office of information technology services.
   § 10. Subdivision 1 of section 191 of the executive law, as amended by
 section  3  of  part AA of chapter 56 of the laws of 2019, is amended to
 read as follows:
   1. There is hereby established within the  division  of  military  and
 naval  affairs  a  temporary  advisory  committee on the restoration and
 display of New York state's military battle flags (hereinafter  referred
 to  as  the  "committee").  The committee shall have thirteen members as
 follows: the adjutant general, the director of the New York state  mili-
 tary  heritage  museum, the commissioners of education and parks, recre-
 ation and historic preservation and the [director] COMMISSIONER  of  the
 [division]  DEPARTMENT of veterans' services, or their designated repre-
 sentatives, two members appointed each by the governor, speaker  of  the
 assembly and majority leader of the senate and one member each appointed
 by  the  minority  leaders of the senate and assembly and shall serve at
 the pleasure  of  the  appointing  authority.  Appointed  members  shall
 include individuals with experience in restoration of historical memora-
 bilia,  expertise  in  military  history,  or a background in historical
 restoration or fine arts conservation. No appointed member  shall  be  a
 member  of  the  executive,  legislative or judicial branch of the state
 government at the time of his/her appointment.  The  advisory  committee
 shall  meet  at  least  four  times a year. No members shall receive any
 compensation, but members who are not state officials may receive actual
 and necessary expenses incurred in the performance of their duties.
   § 11. Subdivision 1 of section 643 of the executive law, as amended by
 section 14 of part AA of chapter 56 of the laws of 2019, is  amended  to
 read as follows:
   1.  As  used  in this section, "crime victim-related agency" means any
 agency of state government which provides services to or deals  directly
 with  crime  victims,  including  (a)  the office of children and family
 services, the office for the aging, the [division] DEPARTMENT of  veter-
 ans'  services,  the  office of probation and correctional alternatives,
 the department of corrections and community supervision, the  office  of
 victim  services,  the department of motor vehicles, the office of voca-
 tional rehabilitation, the workers' compensation board,  the  department
 of  health,  the  division  of  criminal justice services, the office of
 mental health, every transportation authority and the division of  state
 police,  and  (b)  any other agency so designated by the governor within
 ninety days of the effective date of this section.
   § 12. Section 99-v of the general municipal law, as amended by section
 25 of part AA of chapter 56 of the laws of 2019, is amended to  read  as
 follows:
   §  99-v. Veterans services; display of events. Each county, city, town
 or village may adopt a local law to  provide  a  bulletin  board  to  be
 conspicuously  displayed  in such county, city, town or village building
 holding its local legislative body or municipal offices.  Such  bulletin
 board shall be used by veterans organizations, the New York state [divi-
 sion]  DEPARTMENT  of  veterans'  services,  the county veterans service
 agency or city veterans service agency to display information  regarding
 veterans  in  such  county,  city, town or village. Such information may
 include, but not be limited to, benefits or  upcoming  veterans  related
 events in the community.
   §  13.  Subdivision  1  of section 168 of the labor law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
 S. 8006--C                         102                        A. 9006--C
 
   1. This section shall apply to all persons employed by  the  state  in
 the  ward,  cottage,  colony, kitchen and dining room, and guard service
 personnel in any hospital, school, prison, reformatory or other institu-
 tion within or subject to  the  jurisdiction,  supervision,  control  or
 visitation  of  the department of corrections and community supervision,
 the department of health, the department of mental hygiene, the  depart-
 ment  of  social  welfare  or  the  [division]  DEPARTMENT  of veterans'
 services [in the executive department], and engaged in  the  performance
 of  such duties as nursing, guarding or attending the incarcerated indi-
 viduals, patients, wards or other persons kept or housed in such  insti-
 tutions,  or  in  protecting  and  guarding the buildings and/or grounds
 thereof, or in preparing or serving food therein.
   § 14. Paragraph 5 of subdivision (b) of section  5.06  of  the  mental
 hygiene  law,  as  amended by section 31 of part AA of chapter 56 of the
 laws of 2019, is amended to read as follows:
   (5) one member appointed on the recommendation of the state [director]
 COMMISSIONER of the [division] DEPARTMENT of veterans' services and  one
 member  appointed  on  the recommendation of the adjutant general of the
 division of military and naval affairs, at least one of whom shall be  a
 current  or  former  consumer of mental health services or substance use
 disorder services who is a veteran who has served in a combat theater or
 combat zone of operations and is a member of a veterans organization;
   § 14-a. Paragraph 5 of subdivision (b) of section 5.06 of  the  mental
 hygiene  law, as amended by chapter 4 of the laws of 2022, is amended to
 read as follows:
   (5) one member appointed on the recommendation of the state [director]
 COMMISSIONER of the [division] DEPARTMENT of veterans' services and  one
 member  appointed  on  the recommendation of the adjutant general of the
 division of military and naval affairs, at least one of whom shall be  a
 current  or  former  consumer of mental health services or substance use
 disorder services who is a veteran who has served in a combat theater or
 combat zone of operations and is a member of a veterans organization;
   § 15. Subdivision (l) of section 7.09 of the mental  hygiene  law,  as
 added by chapter 378 of the laws of 2019, is amended to read as follows:
   (l)  Notwithstanding  any  general or special law to the contrary, the
 commissioner, in conjunction with the commissioner  of  [alcoholism  and
 substance abuse services] ADDICTION SERVICES AND SUPPORTS and the direc-
 tor  of  the [division] DEPARTMENT of veterans' services shall develop a
 public education initiative designed to eliminate stigma and misinforma-
 tion about mental illness  and  substance  use  among  service  members,
 veterans,  and their families, improve their understanding of mental and
 substance use disorders and the existence of  effective  treatment,  and
 provide  information  regarding  available  resources  and how to access
 them. These public education initiatives may  include  the  use  of  the
 internet, including the use of social networking sites.
   §  16.  Paragraph (g) of section 202 of the not-for-profit corporation
 law, as amended by section 33 of part AA of chapter 56 of  the  laws  of
 2019, is amended to read as follows:
   (g) Every corporation receiving any kind of state funding shall ensure
 the  provision  on  any  form required to be completed at application or
 recertification for the purpose of obtaining financial assistance pursu-
 ant to this chapter, that the application form shall contain a check-off
 question asking whether the applicant or recipient or a member of his or
 her family served in the United States military, and an option to answer
 in the affirmative. Where the applicant  or  recipient  answers  in  the
 affirmative  to  such  question,  the  not-for-profit  corporation shall
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 ensure that contact information for the state [division]  DEPARTMENT  of
 veterans'  services  is provided to such applicant or recipient in addi-
 tion to any other materials provided.
   §  17. Paragraph (b) of section 1401 of the not-for-profit corporation
 law, as amended by section 34 of part AA of chapter 56 of  the  laws  of
 2019, is amended to read as follows:
   (b)  Removal  of  remains from private cemeteries to other cemeteries.
 The supervisor of any town containing a private cemetery may remove  any
 body interred in such cemetery to any other cemetery within the town, if
 the  owners  of  such  cemeteries  and  the  next of kin of the deceased
 consent to such removal. The owners of a private cemetery may remove the
 bodies interred therein to any other cemetery within such  town,  or  to
 any  cemetery  designated  by the next of kin of the deceased. Notice of
 such removal shall be given  within  twenty  days  before  such  removal
 personally  or  by  certified mail to the next of kin of the deceased if
 known and to the clerk and historian of the county in  which  such  real
 property  is  situated  and  notice shall be given to the New York state
 department of state, division of cemeteries. If any of the deceased  are
 known  to  be  veterans,  the  owners  shall  also notify the [division]
 DEPARTMENT of veterans' services. In the absence of the next of kin, the
 county clerk, county historian or the [division] DEPARTMENT of veterans'
 services may act as a guardian to ensure proper reburial.
   § 18. Subdivision 2 of section 3802  of  the  public  health  law,  as
 amended  by  section 23 of part AA of chapter 56 of the laws of 2019, is
 amended to read as follows:
   2. In the exercise of the foregoing powers and duties the commissioner
 shall consult with the [director] COMMISSIONER of the [division] DEPART-
 MENT of veterans' services and the heads of state agencies charged  with
 responsibility for manpower and health resources.
   §  19.  Subdivision  3  of  section  3803 of the public health law, as
 amended by section 24 of part AA of chapter 56 of the laws of  2019,  is
 amended to read as follows:
   3.  In  exercising  any  of  his or her powers under this section, the
 commissioner shall consult with appropriate health  care  professionals,
 providers,  veterans  or organizations representing them, the [division]
 DEPARTMENT of veterans' services, the United States department of veter-
 ans affairs and the United States defense department.
   § 20. Paragraph (j) of subdivision 3  of  section  20  of  the  social
 services  law,  as amended by section 32 of part AA of chapter 56 of the
 laws of 2019, is amended to read as follows:
   (j) to ensure the provision, on any form required to be  completed  at
 application  or  recertification  for the purpose of obtaining financial
 assistance pursuant to this chapter, the form shall contain a  check-off
 question asking whether the applicant or recipient or a member of his or
 her family served in the United States military, and an option to answer
 in  the  affirmative.  Where  the  applicant or recipient answers in the
 affirmative to such question, the office  of  temporary  and  disability
 assistance  shall  ensure  that contact information for the state [divi-
 sion] DEPARTMENT of veterans' services is provided to such applicant  or
 recipient addition to any other materials provided.
   §  21.  Subdivisions 3 and 4 of section 95-f of the state finance law,
 as amended by section 15 of part AA of chapter 56 of the laws  of  2019,
 are amended to read as follows:
   3. Monies of the fund shall be expended for the provision of veterans'
 counseling  services provided by local veterans' service agencies pursu-
 ant to section [three hundred fifty-seven] FOURTEEN of  the  [executive]
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 VETERANS'  SERVICES law under the direction of the [division] DEPARTMENT
 of veterans' services.
   4.  To  the  extent  practicable,  the  [director] COMMISSIONER of the
 [division] DEPARTMENT of veterans' services shall ensure that all monies
 received during a fiscal year are expended prior  to  the  end  of  that
 fiscal year.
   §  22.  The  opening paragraph of subdivision 2-a and subdivision 5 of
 section 97-mmmm of the state finance law, as amended by  section  16  of
 part  AA  of  chapter  56  of  the  laws of 2019, are amended to read as
 follows:
   On or before the first day  of  February  each  year,  the  [director]
 COMMISSIONER  of  the  New York state [division] DEPARTMENT of veterans'
 services shall provide a written report to the  temporary  president  of
 the senate, speaker of the assembly, chair of the senate finance commit-
 tee, chair of the assembly ways and means committee, chair of the senate
 committee  on veterans, homeland security and military affairs, chair of
 the assembly veterans' affairs committee, the state comptroller and  the
 public.  Such  report  shall  include  how  the  monies of the fund were
 utilized during the preceding calendar year, and shall include:
   5. Moneys shall be payable from the fund on the audit and  warrant  of
 the  comptroller  on  vouchers  approved and certified by the [director]
 COMMISSIONER of the [division] DEPARTMENT of veterans' services.
   § 23. The opening paragraph of subdivision 2-a and  subdivision  4  of
 section  99-v of the state finance law, as amended by section 17 of part
 AA of chapter 56 of the laws of 2019, are amended to read as follows:
   On or before the first day  of  February  each  year,  the  [director]
 COMMISSIONER  of  the  New York state [division] DEPARTMENT of veterans'
 services shall provide a written report to the  temporary  president  of
 the senate, speaker of the assembly, chair of the senate finance commit-
 tee, chair of the assembly ways and means committee, chair of the senate
 committee  on veterans, homeland security and military affairs, chair of
 the assembly veterans' affairs committee, the state comptroller and  the
 public.  Such  report  shall  include  how  the  monies of the fund were
 utilized during the preceding calendar year, and shall include:
   4. Moneys of the fund shall be expended only for  the  assistance  and
 care  of homeless veterans, for housing and housing-related expenses, as
 determined by the [division] DEPARTMENT of veterans' services.
   § 24. Subdivision 1 of section 20 of chapter 784 of the laws of  1951,
 constituting  the  New  York  state defense emergency act, as amended by
 section 38 of part AA of chapter 56 of the laws of 2019, is  amended  to
 read as follows:
   1.  There  is  hereby  continued in the division of military and naval
 affairs in the executive department a state civil defense commission  to
 consist  of the same members as the members of the disaster preparedness
 commission as established in article two-B  of  the  executive  law.  In
 addition,  the  superintendent of financial services, the chairperson of
 the workers' compensation board and the [director] COMMISSIONER  of  the
 [division] DEPARTMENT of veterans' services shall be members. The gover-
 nor  shall  designate  one  of  the  members of the commission to be the
 chairperson thereof. The commission may provide for  its  division  into
 subcommittees  and  for action by such subcommittees with the same force
 and effect as action by the full commission. The members of the  commis-
 sion,  except  for  those  who  serve ex officio, shall be allowed their
 actual and necessary expenses  incurred  in  the  performance  of  their
 duties  under  this article but shall receive no additional compensation
 for services rendered pursuant to this article.
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   § 25. Paragraph 2 of subdivision b of section 31-102 of  the  adminis-
 trative  code  of the city of New York, as amended by section 39 of part
 AA of chapter 56 of the laws of 2019, is amended to read as follows:
   2.  links  to websites describing veteran employment services provided
 by the federal government and New York state government, including,  but
 not  limited  to, the websites of the United States department of labor,
 the New York state department of labor, the United States department  of
 veterans affairs, and the New York state [division] DEPARTMENT of veter-
 ans' services; and
   §  26.  Subdivision a of section 3102 of the New York city charter, as
 amended by section 40 of part AA of chapter 56 of the laws of  2019,  is
 amended to read as follows:
   a.  Except  as  otherwise provided by law, the commissioner shall have
 such powers as provided by the  [director]  COMMISSIONER  of  the  state
 DEPARTMENT  veterans' [service agency] SERVICES' and shall have the duty
 to inform military and naval authorities of the United States and assist
 members of the armed forces and veterans, who are residents of the city,
 and their families, in relation to: (1)  matters  pertaining  to  educa-
 tional  training  and  retraining  services  and facilities, (2) health,
 medical and rehabilitation service and  facilities,  (3)  provisions  of
 federal,  state  and local laws and regulations affording special rights
 and privileges to members of the armed forces  and  veterans  and  their
 families,  (4)  employment  and  re-employment  services,  and (5) other
 matters of similar, related  or  appropriate  nature.  The  commissioner
 shall  also  assist families of members of the reserve components of the
 armed forces and the organized  militia  ordered  into  active  duty  to
 ensure  that  they  are  made aware of and are receiving all appropriate
 support available to them. The department also shall perform such  other
 duties  as  may  be assigned by the state [director] COMMISSIONER of the
 [division] DEPARTMENT of veterans' services.
   § 27. Subdivision 1 of section  143  of  the  state  finance  law,  as
 amended  by  chapter  96  of  the  laws  of  2019, is amended to read as
 follows:
   1. Notwithstanding  any  inconsistent  provision  of  any  general  or
 special law, the board, division, department, bureau, agency, officer or
 commission  of  the  state  charged with the duty of preparing plans and
 specifications for and awarding  or  entering  into  contracts  for  the
 performance  of  public  work  may require the payment of a fixed sum of
 money, not exceeding one hundred dollars, for each copy  of  such  plans
 and  specifications, by persons or corporations desiring a copy thereof.
 Any person or corporation desiring a copy of such plans  and  specifica-
 tions and making the deposit required by this section shall be furnished
 with one copy of the plans and specifications. Notwithstanding the fore-
 going,  where  payment  is  required  it shall be waived upon request by
 minority- and women-owned business  enterprises  certified  pursuant  to
 article  fifteen-A  of the executive law or by service-disabled veteran-
 owned business enterprises certified pursuant to  article  [seventeen-B]
 THREE  of  the [executive] VETERANS' SERVICES law. Such payment may also
 be waived when such plans and  specifications  are  made  available  and
 obtained  electronically  or in any non-paper form from the board, divi-
 sion, department, bureau, agency, officer or commission of the state.
   § 28. Paragraph j of subdivision 1  and  subdivisions  6  and  6-d  of
 section  163  of  the state finance law, paragraph j of subdivision 1 as
 amended by chapter 569 of the laws of 2015, subdivision 6 as amended  by
 chapter  257 of the laws of 2021 and subdivision 6-d as added by chapter
 96 of the laws of 2019, are amended to read as follows:
 S. 8006--C                         106                        A. 9006--C
 
   j. "Best value" means the basis for awarding contracts for services to
 the offerer which optimizes quality, cost and efficiency, among  respon-
 sive and responsible offerers. Such basis shall reflect, wherever possi-
 ble, objective and quantifiable analysis. Such basis may also identify a
 quantitative  factor  for  offerers that are small businesses, certified
 minority- or women-owned business enterprises as defined in subdivisions
 one, seven, fifteen and twenty of section three hundred ten of the exec-
 utive law or  service-disabled  veteran-owned  business  enterprises  as
 defined in subdivision one of section [three hundred sixty-nine-h] FORTY
 of  the  [executive]  VETERANS' SERVICES law to be used in evaluation of
 offers for awarding of contracts for services.
   6. Discretionary buying thresholds. Pursuant to guidelines established
 by the state procurement council: the commissioner may purchase services
 and commodities for the office of general services or its customer agen-
 cies serviced by the office of general services business services center
 in an amount not exceeding eighty-five thousand dollars without a formal
 competitive process; state agencies may purchase  services  and  commod-
 ities in an amount not exceeding fifty thousand dollars without a formal
 competitive  process;  and  state  agencies  may purchase commodities or
 services from small business concerns or  those  certified  pursuant  to
 [articles]  ARTICLE fifteen-A [and seventeen-B] of the executive law AND
 ARTICLE THREE OF THE VETERANS' SERVICES LAW, or commodities or technolo-
 gy that are recycled or remanufactured in an amount not  exceeding  five
 hundred  thousand  dollars  without a formal competitive process and for
 commodities that are food, including  milk  and  milk  products,  grown,
 produced  or  harvested in New York state in an amount not to exceed two
 hundred thousand dollars, without a formal competitive process.
   6-d. Pursuant to the authority provided in  subdivision  six  of  this
 section,  state agencies shall report annually on a fiscal year basis by
 July first of the ensuing year to the director of the division of minor-
 ity and women-owned business development  the  total  number  and  total
 value  of  contracts awarded to businesses certified pursuant to article
 fifteen-A of the executive law, and with respect to contracts awarded to
 businesses certified pursuant to  article  [seventeen-B]  THREE  of  the
 [executive] VETERANS' SERVICES law such information shall be reported to
 the  division of service-disabled veteran-owned business enterprises for
 inclusion in their respective annual reports.
   § 29. Paragraph (f) of subdivision 5 of section 87 of the cannabis law
 is amended to read as follows:
   (f) "Service-disabled veterans" shall  mean  persons  qualified  under
 article [seventeen-B] THREE of the [executive] VETERANS' SERVICES law.
   §  30.  Subdivision  6  of section 224-d of the labor law, as added by
 section 2 of part AA of chapter 56 of the laws of 2021,  is  amended  to
 read as follows:
   6.  Each  owner  and  developer  subject  to  the requirements of this
 section shall comply with the objectives and goals of certified minority
 and women-owned business enterprises pursuant to  article  fifteen-A  of
 the  executive  law  and  certified service-disabled veteran-owned busi-
 nesses pursuant to article [seventeen-B] THREE of the [executive] VETER-
 ANS' SERVICES law. The department in consultation with  the  [directors]
 COMMISSIONER  of  the division of minority and women's business develop-
 ment and THE DIRECTOR of  the  division  of  service-disabled  veterans'
 business  development  shall  make  training  and resources available to
 assist minority and women-owned business enterprises  and  service-disa-
 bled  veteran-owned  business  enterprises  on  covered renewable energy
 systems to achieve and maintain compliance with prevailing wage require-
 S. 8006--C                         107                        A. 9006--C
 
 ments. The department shall make such training and  resources  available
 online  and  shall  afford minority and women-owned business enterprises
 and service-disabled veteran-owned business enterprises  an  opportunity
 to submit comments on such training.
   §  31.  Subdivision 3 of section 103-a of the state technology law, as
 added by chapter 427 of the laws of 2017, is amended to read as follows:
   3. The director shall  conduct  an  outreach  campaign  informing  the
 public  of  the  iCenter and shall conduct specific outreach to minority
 and women-owned  business  enterprises  certified  pursuant  to  article
 fifteen-A of the executive law, small businesses as such term is defined
 in  section  one hundred thirty-one of the economic development law, and
 service disabled veteran owned business enterprises  certified  pursuant
 to article [seventeen-B] THREE of the [executive] VETERANS' SERVICES law
 to inform such businesses of iCenter initiatives.
   §  32. Section 831 of the county law, as amended by chapter 490 of the
 laws of 2019, is amended to read as follows:
   § 831. Soldier burial plots in Dutchess county. The legislature of the
 county of Dutchess may  authorize  the  purchase  of  burial  plots  and
 provide  for  marker settings and perpetual care and maintenance of such
 plots in one or more of the cemeteries of the  county  of  Dutchess  for
 deceased  veterans,  who,  at  the  time of death, were residents of the
 county of Dutchess and who (i) were discharged from the armed forces  of
 the  United States either honorably or under honorable circumstances, or
 (ii) had a qualifying condition, as defined in  section  [three  hundred
 fifty]  ONE  of  the  [executive] VETERANS' SERVICES law, and received a
 discharge other than bad  conduct  or  dishonorable,  or  (iii)  were  a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of  the  [executive]  VETERANS'  SERVICES  law, and received a discharge
 other than bad conduct or dishonorable. The expense thereof shall  be  a
 county charge.
   § 33. Subdivision 6 of section 210 of the economic development law, as
 amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
 follows:
   6. "Veteran" shall mean a person who served in the United States army,
 navy, air force, marines, coast guard, and/or reserves  thereof,  and/or
 in  the  army  national guard, air national guard, New York guard and/or
 New York naval militia and who (a) has received an honorable or  general
 discharge  from  such  service,  or  (b)  has a qualifying condition, as
 defined in section [three hundred fifty] ONE of the [executive]   VETER-
 ANS'  SERVICES  law, and has received a discharge other than bad conduct
 or dishonorable from such service, or (c) is a discharged LGBT  veteran,
 as  defined  in  section  [three  hundred  fifty] ONE of the [executive]
 VETERANS' SERVICES law, and has received  a  discharge  other  than  bad
 conduct or dishonorable from such service.
   §  34.  Paragraph 1 of subdivision (a) of section 42 of the correction
 law, as amended by chapter 322 of the laws of 2021, is amended  to  read
 as follows:
   1.  There  shall  be  within  the  commission  a  citizen's policy and
 complaint review council.  It  shall  consist  of  nine  persons  to  be
 appointed  by  the  governor,  by and with the advice and consent of the
 senate. One person so appointed shall have served in the armed forces of
 the United States in any foreign war, conflict or  military  occupation,
 who  (i)  was  discharged therefrom under other than dishonorable condi-
 tions, or (ii) has a qualifying condition, as defined in section  [three
 hundred  fifty]  ONE  of the [executive] VETERANS' SERVICES law, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 S. 8006--C                         108                        A. 9006--C
 
 service,  or  (iii)  is a discharged LGBT veteran, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has received a discharge other than bad  conduct  or  dishonorable  from
 such service, or shall be a duly licensed mental health professional who
 has  professional  experience  or training with regard to post-traumatic
 stress syndrome. One person so appointed shall be an  attorney  admitted
 to  practice  in  this  state. One person so appointed shall be a former
 incarcerated individual  of  a  correctional  facility.  One  person  so
 appointed  shall be a former correction officer. One person so appointed
 shall be a former resident of a division for youth secure  center  or  a
 health  care  professional  duly licensed to practice in this state. One
 person so appointed shall be a former employee of the office of children
 and family services who has directly supervised youth in a secure  resi-
 dential  center operated by such office. In addition, the governor shall
 designate one of the full-time members other than the  [chairman]  CHAIR
 of the commission as [chairman] CHAIR of the council to serve as such at
 the pleasure of the governor.
   §  35.  Paragraph  (b)  of  subdivision  5  of section 50 of the civil
 service law, as amended by chapter 490 of the laws of 2019,  is  amended
 to read as follows:
   (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
 sion, the state civil service department, subject to the approval of the
 director of the budget, a municipal commission, subject to the  approval
 of  the  governing  board or body of the city or county, as the case may
 be, or a regional commission or personnel officer, pursuant  to  govern-
 mental  agreement,  may  elect  to waive application fees, or to abolish
 fees for specific classes of  positions  or  types  of  examinations  or
 candidates,  or  to  establish  a  uniform  schedule  of reasonable fees
 different from those prescribed in paragraph (a)  of  this  subdivision,
 specifying  in  such schedule the classes of positions or types of exam-
 inations or candidates to which such fees shall apply; provided,  howev-
 er,  that  fees  shall be waived for candidates who certify to the state
 civil service department, a municipal commission or a  regional  commis-
 sion  that they are unemployed and primarily responsible for the support
 of a household, or are receiving public  assistance.  Provided  further,
 the state civil service department shall waive the state application fee
 for  examinations  for  original  appointment for all veterans. Notwith-
 standing any other provision of law, for purposes of this  section,  the
 term "veteran" shall mean a person who has served in the armed forces of
 the  United  States  or  the  reserves  thereof, or in the army national
 guard, air national guard, New York guard, or the New York  naval  mili-
 tia,  and  who  (1)  has been honorably discharged or released from such
 service under honorable conditions, or (2) has a  qualifying  condition,
 as  defined  in  section  [three  hundred  fifty] ONE of the [executive]
 VETERANS' SERVICES law, and has received  a  discharge  other  than  bad
 conduct  or  dishonorable from such service, or (3) is a discharged LGBT
 veteran, as defined in section [three hundred fifty] ONE of the  [execu-
 tive]  VETERANS'  SERVICES  law, and has received a discharge other than
 bad conduct or dishonorable from such service. The term  "armed  forces"
 shall mean the army, navy, air force, marine corps, and coast guard.
   §  36.  Paragraph  (b)  of  subdivision  1  of section 75 of the civil
 service law, as amended by chapter 490 of the laws of 2019,  is  amended
 to read as follows:
   (b) a person holding a position by permanent appointment or employment
 in  the  classified service of the state or in the several cities, coun-
 ties, towns, or villages thereof, or in any  other  political  or  civil
 S. 8006--C                         109                        A. 9006--C
 
 division  of  the  state  or  of a municipality, or in the public school
 service, or in any public or special district, or in the service of  any
 authority,  commission  or  board,  or  in  any  other  branch of public
 service,  who  was  honorably  discharged  or  released  under honorable
 circumstances from the armed forces of the United States  including  (i)
 having  a  qualifying  condition  as  defined  in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law,  and  receiving  a
 discharge  other  than bad conduct or dishonorable from such service, or
 (ii) being a discharged LGBT  veteran,  as  defined  in  section  [three
 hundred  fifty]  ONE  of  the  [executive]  VETERANS'  SERVICES law, and
 receiving a discharge other than bad conduct or dishonorable  from  such
 service,  having served therein as such member in time of war as defined
 in section eighty-five of this chapter, or who is  an  exempt  volunteer
 firefighter  as  defined  in  the  general  municipal law, except when a
 person described in this paragraph holds the position of private  secre-
 tary, cashier or deputy of any official or department, or
   §  37.  Paragraph  (a)  of  subdivision  1  of section 85 of the civil
 service law, as amended by chapter 608 of the laws of 2021,  is  amended
 to read as follows:
   (a)  The  terms  "veteran" and "non-disabled veteran" mean a member of
 the armed forces of the United States who was  honorably  discharged  or
 released  under  honorable circumstances from such service including (i)
 having a qualifying condition  as  defined  in  section  [three  hundred
 fifty]  ONE  of  the [executive] VETERANS' SERVICES law, and receiving a
 discharge other than bad conduct or dishonorable from such  service,  or
 (ii)  being  a  discharged  LGBT  veteran,  as defined in section [three
 hundred fifty] ONE  of  the  [executive]  VETERANS'  SERVICES  law,  and
 receiving  a  discharge other than bad conduct or dishonorable from such
 service, who is a citizen of the United  States  or  an  alien  lawfully
 admitted for permanent residence in the United States and who is a resi-
 dent of the state of New York at the time of application for appointment
 or promotion or at the time of retention, as the case may be.
   §  38.  Section 86 of the civil service law, as amended by chapter 490
 of the laws of 2019, is amended to read as follows:
   § 86. Transfer of veterans or exempt volunteer firefighters upon abol-
 ition of positions. If the position in the  non-competitive  or  in  the
 labor class held by any honorably discharged veteran of the armed forces
 of the United States or by any veteran of the armed forces of the United
 States  released under honorable circumstances from such service includ-
 ing (i) having a qualifying  condition  as  defined  in  section  [three
 hundred  fifty]  ONE  of  the  [executive]  VETERANS'  SERVICES law, and
 receiving a discharge other than bad conduct or dishonorable  from  such
 service,  or (ii) being a discharged LGBT veteran, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 receiving a discharge other than bad conduct or dishonorable  from  such
 service,  who served therein in time of war as defined in section eight-
 y-five of this chapter, or by an exempt volunteer firefighter as defined
 in the general municipal law, shall become unnecessary or  be  abolished
 for reasons of economy or otherwise, the honorably discharged veteran or
 exempt   volunteer  firefighter  holding  such  position  shall  not  be
 discharged from the public service but shall be transferred to a similar
 position wherein a vacancy exists, and shall receive  the  same  compen-
 sation  therein.  It is hereby made the duty of all persons clothed with
 the power of appointment to make such transfer effective. The  right  to
 transfer  herein  conferred  shall  continue  for  a  period of one year
 following the date of abolition of the position, and  may  be  exercised
 S. 8006--C                         110                        A. 9006--C
 
 only where a vacancy exists in an appropriate position to which transfer
 may  be  made at the time of demand for transfer. Where the positions of
 more than one such veteran or exempt volunteer firefighter are abolished
 and  a  lesser  number  of vacancies in similar positions exist to which
 transfer may be made, the  veterans  or  exempt  volunteer  firefighters
 whose  positions  are  abolished  shall  be entitled to transfer to such
 vacancies in the order of their original  appointment  in  the  service.
 Nothing  in  this section shall be construed to apply to the position of
 private secretary, cashier or deputy of any official or department. This
 section shall have no application  to  persons  encompassed  by  section
 eighty-a of this chapter.
   §  39. Section 13-b of the domestic relations law, as amended by chap-
 ter 306 of the laws of 2021, is amended to read as follows:
   § 13-b. Time within which marriage may be solemnized. A marriage shall
 not be solemnized within twenty-four hours after  the  issuance  of  the
 marriage  license, unless authorized by an order of a court of record as
 hereinafter provided, nor shall it be solemnized after sixty  days  from
 the  date  of  the  issuance  of  the marriage license unless authorized
 pursuant to section [three hundred fifty-four-d] TEN of the  [executive]
 VETERANS'  SERVICES  law.  Every  license to marry hereafter issued by a
 town or city clerk, in addition to other requirements specified by  this
 chapter, must contain a statement of the day and the hour the license is
 issued  and  the  period during which the marriage may be solemnized. It
 shall be the duty of the clergyman or magistrate performing the marriage
 ceremony, or if the marriage is solemnized by written contract,  of  the
 judge  before  whom the contract is acknowledged, to annex to or endorse
 upon the marriage license the date and hour the marriage is  solemnized.
 A  judge  or  justice  of  the supreme court of this state or the county
 judge of the county in which either party to be married resides, or  the
 judge  of  the  family  court of such county, if it shall appear from an
 examination of the license and any other proofs submitted by the parties
 that one of the parties is in danger of imminent death, or by reason  of
 other  emergency  public interest will be promoted thereby, or that such
 delay will work irreparable injury or great hardship upon the  contract-
 ing  parties, or one of them, may, make an order authorizing the immedi-
 ate solemnization of the marriage and upon filing such  order  with  the
 clergyman  or  magistrate  performing  the  marriage ceremony, or if the
 marriage is to be solemnized by written contract, with the judge  before
 whom  the  contract  is  acknowledged,  such clergyman or magistrate may
 solemnize such marriage, or such judge may take such  acknowledgment  as
 the  case  may be, without waiting for such three day period and twenty-
 four hour period to elapse. The clergyman, magistrate or judge must file
 such order with the town or city clerk who  issued  the  license  within
 five days after the marriage is solemnized. Such town or city clerk must
 record and index the order in the book required to be kept by him or her
 for recording affidavits, statements, consents and licenses, and when so
 recorded  the  order  shall  become a public record and available in any
 prosecution under this section. A person who shall solemnize a  marriage
 in  violation  of this section shall be guilty of a misdemeanor and upon
 conviction thereof shall be punished by a fine of fifty dollars for each
 offense, and in addition thereto,  his  or  her  right  to  solemnize  a
 marriage shall be suspended for ninety days.
   §  40.  Paragraph  c  of subdivision 1 of section 360 of the education
 law, as amended by chapter 490 of the laws of 2019, is amended  to  read
 as follows:
 S. 8006--C                         111                        A. 9006--C
 
   c.  Adopt  and  enforce  campus rules and regulations not inconsistent
 with the vehicle and traffic law  relating  to  parking,  vehicular  and
 pedestrian  traffic,  and safety. Such rules and regulations may include
 provisions for the disposition of abandoned vehicles, removal by  towing
 or  otherwise  of  vehicles  parked  in  violation  of such rules at the
 expense of the owner, the payment of fees for the registration or  park-
 ing  of  such  vehicles, provided that such campus rules and regulations
 may provide that any veteran attending the state university as a student
 shall be exempt from any fees for parking or registering a  motor  vehi-
 cle, and the assessment of administrative fines upon the owner or opera-
 tor of such vehicles for each violation of the regulations.  However, no
 such fine may be imposed without a hearing or an opportunity to be heard
 conducted  by  an  officer or board designated by the board of trustees.
 Such fines, in the case of an officer or employee of  state  university,
 may  be  deducted  from  the salary or wages of such officer or employee
 found in violation of such regulations, or in the case of a  student  of
 state  university found in violation of such regulations, the university
 may withhold his OR HER grades and transcripts until such  time  as  any
 fine is paid. For purposes of this subdivision, the term "veteran" shall
 mean  a  member  of  the armed forces of the United States who served in
 such armed forces in time of war and who (i) was honorably discharged or
 released under honorable circumstances from such service, or (ii) has  a
 qualifying condition, as defined in section [three hundred fifty] ONE of
 the  [executive]  VETERANS'  SERVICES  law, and has received a discharge
 other than bad conduct or dishonorable from such service, or (iii) is  a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service.
   § 41. The opening paragraph of subdivision 6, subdivision 7, paragraph
 c of subdivision 9, and paragraphs a of  subdivisions  10  and  10-a  of
 section  503 of the education law, as amended by chapter 490 of the laws
 of 2019, are amended to read as follows:
   Credit for service in war after world war I, which shall mean military
 service during the period commencing the first  day  of  July,  nineteen
 hundred  forty,  and  terminating  the  thirtieth  day of June, nineteen
 hundred forty-seven, or during the period commencing the  twenty-seventh
 day  of  June,  nineteen hundred fifty, and terminating the thirty-first
 day of January, nineteen hundred fifty-five, or during both  such  peri-
 ods, as a member of the armed forces of the United States, of any person
 who  (i)  has  been  honorably  discharged  or  released under honorable
 circumstances from such service, or (ii) has a qualifying condition,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 or  dishonorable from such service, or (iii) is a discharged LGBT veter-
 an, as defined in section [three hundred fifty] ONE of  the  [executive]
 VETERANS'  SERVICES  law,  and  has  received a discharge other than bad
 conduct or dishonorable from such service, or service  by  one  who  was
 employed  by the War Shipping Administration or Office of Defense Trans-
 portation or their agents as a merchant seaman documented by the  United
 States  Coast  Guard  or  Department  of Commerce, or as a civil servant
 employed by the United States Army Transport Service (later redesignated
 as the United States Army Transportation Corps, Water Division)  or  the
 Naval  Transportation  Service;  and who served satisfactorily as a crew
 member during the period of armed conflict, December  seventh,  nineteen
 hundred  forty-one,  to  August  fifteenth, nineteen hundred forty-five,
 aboard merchant vessels in oceangoing, i.e., foreign,  intercoastal,  or
 S. 8006--C                         112                        A. 9006--C
 
 coastwise  service  as such terms are defined under federal law (46 USCA
 10301 & 10501) and further to include "near foreign" voyages between the
 United States and Canada, Mexico, or the West Indies via  ocean  routes,
 or  public  vessels  in oceangoing service or foreign waters and who has
 received a Certificate of Release or Discharge from Active  Duty  and  a
 discharge  certificate,  or  an  Honorable Service Certificate/Report of
 Casualty, from the Department of Defense  or  who  served  as  a  United
 States  civilian employed by the American Field Service and served over-
 seas under United States Armies and United States Army Groups  in  world
 war  II  during the period of armed conflict, December seventh, nineteen
 hundred forty-one through May eighth, nineteen hundred  forty-five,  and
 (iv)  who  was  discharged  or released therefrom under honorable condi-
 tions, or (v) has a qualifying condition, as defined in  section  [three
 hundred  fifty]  ONE  of the [executive] VETERANS' SERVICES law, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 service,  or  (vi)  is  a discharged LGBT veteran, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has received a discharge other than bad  conduct  or  dishonorable  from
 such  service, or who served as a United States civilian Flight Crew and
 Aviation Ground Support Employee of Pan American World Airways or one of
 its subsidiaries or its affiliates and served overseas as  a  result  of
 Pan  American's  contract with Air Transport Command or Naval Air Trans-
 port Service during the period of armed conflict,  December  fourteenth,
 nineteen  hundred  forty-one through August fourteenth, nineteen hundred
 forty-five, and who (vii) was discharged  or  released  therefrom  under
 honorable  conditions,  or (viii) has a qualifying condition, as defined
 in section [three  hundred  fifty]  ONE  of  the  [executive]  VETERANS'
 SERVICES  law,  and  has  received a discharge other than bad conduct or
 dishonorable from such service, or (ix) is a discharged LGBT veteran, as
 defined in section [three hundred fifty] ONE of the  [executive]  VETER-
 ANS'  SERVICES  law, and has received a discharge other than bad conduct
 or dishonorable from such service, and who was a teacher in  the  public
 schools  of this state at the time of his OR HER entrance into the armed
 forces of the United States, provided no compensation was received under
 the provisions of section two hundred forty-two of the military law, and
 who returned to public school teaching following discharge or completion
 of advanced education provided under servicemen's  readjustment  act  of
 nineteen  hundred forty-four, or who following such discharge or release
 entered into a service which  would  qualify  him  OR  HER  pursuant  to
 section  forty-three of the retirement and social security law to trans-
 fer his OR HER membership in the New  York  state  teachers'  retirement
 system,  shall  be  provided  as  follows, any provisions of section two
 hundred forty-three of the military law to the contrary notwithstanding.
   7. A teacher, who was a member of the New York state teachers  retire-
 ment  system but who withdrew his OR HER accumulated contributions imme-
 diately prior to his OR HER entry into, or during his OR HER service  in
 the  armed forces of the United States in war after World War I, who (i)
 has been honorably discharged or released from service, or  (ii)  has  a
 qualifying condition, as defined in section [three hundred fifty] ONE of
 the  [executive]  VETERANS'  SERVICES  law, and has received a discharge
 other than bad conduct or dishonorable from such service, or (iii) is  a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such  service,  provided  no
 compensation  was  received  under the provisions of section two hundred
 forty-two of the military law, and who returned to public school  teach-
 S. 8006--C                         113                        A. 9006--C
 
 ing  in  the  state  of New York following such discharge or release, or
 following completion of advanced education provided  under  servicemen's
 readjustment  act  of  nineteen  hundred  forty-four,  any provisions of
 section  two  hundred  forty-three  of  the military law to the contrary
 notwithstanding, will be entitled to credit for  service  in  war  after
 World  War I, cost free, provided, however, that such credit will not be
 allowed until he OR SHE claims and pays for all prior  teaching  service
 credited  to him OR HER at the time of his OR HER termination of member-
 ship in the New York state  teachers  retirement  system,  and  provided
 further  that  claim  for such service in war after World War I shall be
 filed by the member with the retirement board before the  first  day  of
 July, nineteen hundred sixty-eight.
   c.  (i)  has  been  honorably  discharged  or released under honorable
 circumstances from such service, or (ii) has a qualifying condition,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 or  dishonorable from such service, or (iii) is a discharged LGBT veter-
 an, as defined in section [three hundred fifty] ONE of  the  [executive]
 VETERANS'  SERVICES  law,  and  has  received a discharge other than bad
 conduct or dishonorable from such service, and
   a. In addition to credit for military service pursuant to section  two
 hundred  forty-three  of  the  military law and subdivisions six through
 nine of this section, a member employed as a  full-time  teacher  by  an
 employer  as defined in subdivision three of section five hundred one of
 this article and who joined the retirement system prior to  July  first,
 nineteen  hundred  seventy-three, may obtain credit for military service
 not in excess of three years and not otherwise creditable under  section
 two hundred forty-three of the military law and subdivisions six through
 nine of this section, rendered on active duty in the armed forces of the
 United  States during the period commencing July first, nineteen hundred
 forty, and terminating December thirty-first,  nineteen  hundred  forty-
 six,  or on service by one who was employed by the War Shipping Adminis-
 tration or Office  of  Defense  Transportation  or  their  agents  as  a
 merchant  seaman  documented by the United States Coast Guard or Depart-
 ment of Commerce, or as a civil servant employed by  the  United  States
 Army  Transport  Service  (later  redesignated as the United States Army
 Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od  of  armed conflict, December seventh, nineteen hundred forty-one, to
 August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms  are defined under federal law (46 USCA 10301 & 10501) and further
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense or on service by one who served  as  a  United  States  civilian
 employed  by the American Field Service and served overseas under United
 States Armies and United States Army Groups in world war II  during  the
 period  of  armed conflict, December seventh, nineteen hundred forty-one
 through May  eighth,  nineteen  hundred  forty-five,  and  who  (i)  was
 discharged or released therefrom under honorable conditions, or (ii) has
 a  qualifying condition, as defined in section [three hundred fifty] ONE
 of the [executive] VETERANS' SERVICES law, and has received a  discharge
 other  than bad conduct or dishonorable from such service, or (iii) is a
 S. 8006--C                         114                        A. 9006--C
 
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of the [executive] VETERANS' SERVICES law, and has received a  discharge
 other  than bad conduct or dishonorable from such service, or on service
 by  one  who served as a United States civilian Flight Crew and Aviation
 Ground Support Employee of Pan American World  Airways  or  one  of  its
 subsidiaries  or  its  affiliates and served overseas as a result of Pan
 American's contract with Air Transport Command or  Naval  Air  Transport
 Service  during the period of armed conflict, December fourteenth, nine-
 teen hundred  forty-one  through  August  fourteenth,  nineteen  hundred
 forty-five,  and  who  (iv)  was  discharged or released therefrom under
 honorable conditions, or (v) has a qualifying condition, as  defined  in
 section  [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 from such service, or (vi) is a discharged LGBT veteran, as  defined  in
 section  [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 from such service, by a person who was a resident of New York  state  at
 the  time of entry into such service and at the time of being discharged
 therefrom under honorable circumstances,  and  who  makes  the  payments
 required in accordance with the provisions of this subdivision.
   a.  In addition to credit for military service pursuant to section two
 hundred forty-three of the military law  and  subdivisions  six  through
 nine of this section, a member who joined the retirement system prior to
 July first, nineteen hundred seventy-three, and who was not eligible for
 credit  for  military service under subdivision ten of this section as a
 result of being on a leave of absence without pay between  July  twenti-
 eth,  nineteen  hundred  seventy-six  and  October  fifteenth,  nineteen
 hundred seventy-seven or on leave of absence with  less  than  full  pay
 between   July  twentieth,  nineteen  hundred  seventy-six  and  October
 fifteenth, nineteen hundred seventy-seven, may obtain credit  for  mili-
 tary  service  not in excess of three years and not otherwise creditable
 under section two hundred forty-three of the military law  and  subdivi-
 sions  six  through nine of this section, rendered on active duty in the
 armed forces of the United States  during  the  period  commencing  July
 first,  nineteen  hundred  forty, and terminating December thirty-first,
 nineteen hundred forty-six, or on service by one who was employed by the
 War Shipping Administration or Office of Defense Transportation or their
 agents as a merchant seaman documented by the United States Coast  Guard
 or  Department of Commerce, or as a civil servant employed by the United
 States Army Transport Service (later redesignated as the  United  States
 Army  Transportation  Corps, Water Division) or the Naval Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od of armed conflict, December seventh, nineteen hundred  forty-one,  to
 August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms are defined under federal law (46 USCA 10301 & 10501) and  further
 to  include "near foreign" voyages between the United States and Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going service or foreign waters and who has received  a  Certificate  of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense,  or  on  service  by one who served as a United States civilian
 employed by the American Field Service and served overseas under  United
 States  Armies  and United States Army Groups in world war II during the
 period of armed conflict, December seventh, nineteen  hundred  forty-one
 through  May  eighth,  nineteen  hundred  forty-five,  and  who  (i) was
 S. 8006--C                         115                        A. 9006--C
 
 discharged or released therefrom under honorable conditions, or (ii) has
 a qualifying condition, as defined in section [three hundred fifty]  ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other  than bad conduct or dishonorable from such service, or (iii) is a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of the [executive] VETERANS' SERVICES law, and has received a  discharge
 other  than bad conduct or dishonorable from such service, or on service
 by one who served as a United States civilian Flight Crew  and  Aviation
 Ground  Support  Employee  of  Pan  American World Airways or one of its
 subsidiaries or its affiliates and served overseas as a  result  of  Pan
 American's  contract  with  Air Transport Command or Naval Air Transport
 Service during the period of armed conflict, December fourteenth,  nine-
 teen  hundred  forty-one  through  August  fourteenth,  nineteen hundred
 forty-five, and who (iv) was  discharged  or  released  therefrom  under
 honorable  conditions,  or (v) has a qualifying condition, as defined in
 section [three hundred fifty] ONE of the [executive] VETERANS'  SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 from  such  service, or (vi) is a discharged LGBT veteran, as defined in
 section [three hundred fifty] ONE of the [executive] VETERANS'  SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 from  such  service, by a person who was a resident of New York state at
 the time of entry into such service and at the time of being  discharged
 therefrom  under  honorable  circumstances,  and  who makes the payments
 required in accordance with the provisions of this subdivision.
   § 42. Subdivision 5 of section 605 of the education law, as amended by
 chapter 490 of the laws of 2019, is amended to read as follows:
   5. Regents scholarships for war veterans. Regents scholarships for war
 veterans shall be awarded on a competitive basis,  for  study  beginning
 with  the  college  year nineteen hundred seventy-five--nineteen hundred
 seventy-six. Six hundred such scholarships shall be awarded in such year
 to veterans of the armed forces of the United States who have served  on
 active  duty  (other  than  for  training) between October one, nineteen
 hundred sixty-one and March twenty-nine, nineteen hundred seventy-three,
 and who on the date by which applications are required to  be  submitted
 (a)  have  been  released  from such active duty on conditions not other
 than honorable, or (b)  have  a  qualifying  condition,  as  defined  in
 section  [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
 law, and have received a discharge other than bad conduct  or  dishonor-
 able  from such service, or (c) are discharged LGBT veterans, as defined
 in section [three  hundred  fifty]  ONE  of  the  [executive]  VETERANS'
 SERVICES  law,  and  have received a discharge other than bad conduct or
 dishonorable from such service. Such scholarships shall be allocated  to
 each  county  in  the  state  in the same ratio that the number of legal
 residents in such county, as  determined  by  the  most  recent  federal
 census,  bears  to the total number of residents in the state; provided,
 however, that no county shall be allocated fewer scholarships than  such
 county  received  during  the  year nineteen hundred sixty-eight--sixty-
 nine.
   § 43. Subparagraph 3 of paragraph b of subdivision 3 of section 663 of
 the education law, as amended by chapter 490 of the  laws  of  2019,  is
 amended to read as follows:
   (3) The applicant was enlisted in full time active military service in
 the  armed  forces  of  the  United  States  and  (i) has been honorably
 discharged from such service, or (ii) has  a  qualifying  condition,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 S. 8006--C                         116                        A. 9006--C
 
 or  dishonorable from such service, or (iii) is a discharged LGBT veter-
 an, as defined in section [three hundred fifty] ONE of  the  [executive]
 VETERANS'  SERVICES  law,  and  has  received a discharge other than bad
 conduct  or dishonorable from such service, and, provided, however, that
 the applicant has not and will not be claimed as a dependent  by  either
 parent for purposes of either federal or state income tax.
   §  44.  Paragraphs  (b)  of subdivisions 1 and 2 of section 668 of the
 education law, as amended by chapter  490  of  the  laws  of  2019,  are
 amended to read as follows:
   (b) December seven, nineteen hundred forty-one to December thirty-one,
 nineteen  hundred  forty-six,  or have been employed by the War Shipping
 Administration or Office of Defense Transportation or their agents as  a
 merchant  seaman  documented by the United States Coast Guard or Depart-
 ment of Commerce, or as a civil servant employed by  the  United  States
 Army  Transport  Service  (later  redesignated as the United States Army
 Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od  of  armed conflict, December seventh, nineteen hundred forty-one, to
 August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms  are defined under federal law (46 USCA 10301 & 10501) and further
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense or have served as a United States civilian employed by the Amer-
 ican Field Service and served overseas under United  States  Armies  and
 United  States  Army  Groups  in world war II during the period of armed
 conflict, December  seventh,  nineteen  hundred  forty-one  through  May
 eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
 released therefrom under honorable conditions, or (ii) has a  qualifying
 condition, as defined in section [three hundred fifty] ONE of the [exec-
 utive]  VETERANS'  SERVICES law, and has received a discharge other than
 bad conduct or dishonorable from such service, or (iii) is a  discharged
 LGBT  veteran,  as  defined  in section [three hundred fifty] ONE of the
 [executive] VETERANS' SERVICES law, and has received a  discharge  other
 than  bad conduct or dishonorable from such service, or have served as a
 United States civilian Flight Crew and Aviation Ground Support  Employee
 of  Pan  American World Airways or one of its subsidiaries or its affil-
 iates and served overseas as a result of Pan  American's  contract  with
 Air  Transport  Command or Naval Air Transport Service during the period
 of armed  conflict,  December  fourteenth,  nineteen  hundred  forty-one
 through August fourteenth, nineteen hundred forty-five, and who (iv) was
 discharged  or released therefrom under honorable conditions, or (v) has
 a qualifying condition, as defined in section [three hundred fifty]  ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service, or (vi)  is  a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service.
   (b) (i) is an honorably discharged veteran of  the  United  States  or
 member  of the armed forces of the United States, or (ii) has a qualify-
 ing condition, as defined in section [three hundred fifty]  ONE  of  the
 [executive]  VETERANS'  SERVICES law, and has received a discharge other
 than bad conduct or dishonorable  from  such  service,  or  (iii)  is  a
 S. 8006--C                         117                        A. 9006--C
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service, who is a resi-
 dent of the state of New York, and who has a current disability of forty
 percent or more as a result of an injury or illness which is incurred or
 was incurred during such military service; or
   §  45. Subdivision 1 of section 668-c of the education law, as amended
 by chapter 606 of the laws of 2021, is amended to read as follows:
   1. Eligible students. Awards shall be made to Vietnam veterans'  resi-
 dent  children born with Spina Bifida enrolled in approved undergraduate
 or graduate programs at degree granting institutions. For the purpose of
 this section, "Vietnam veteran" shall mean a person who served in  Indo-
 china  at  any  time  from  the  first day of November, nineteen hundred
 fifty-five, to and including the seventh day of  May,  nineteen  hundred
 seventy-five  and  (a) was honorably discharged from the armed forces of
 the United States, or (b) has a  qualifying  condition,  as  defined  in
 section  [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 from the armed forces of the United States, or (c) is a discharged  LGBT
 veteran,  as defined in section [three hundred fifty] ONE of the [execu-
 tive] VETERANS' SERVICES law, and has received a  discharge  other  than
 bad  conduct or dishonorable from the armed forces of the United States;
 "born with Spina Bifida" shall mean a diagnosis at birth of such disease
 inclusive of all forms,  manifestations,  complications  and  associated
 medical  conditions thereof, but shall not include Spina Bifida Occulta.
 Such diagnosis shall be in accordance with the provisions of the federal
 Spina Bifida program and shall be documented by the United States Admin-
 istration of Veterans' Affairs.
   § 46. Paragraphs a, b, c and d of subdivision 1 of  section  669-a  of
 the  education law, paragraph a as amended by chapter 606 of the laws of
 2021 and paragraphs b, c and d as amended by chapter 490 of the laws  of
 2019, are amended to read as follows:
   a.  "Vietnam  veteran"  means  (i)  a person who is a resident of this
 state, (ii) who served in the armed forces of the United States in Indo-
 china at any time from the  first  day  of  November,  nineteen  hundred
 fifty-five,  to  and  including the seventh day of May, nineteen hundred
 seventy-five, and (iii) who was either discharged therefrom under honor-
 able conditions, including  but  not  limited  to  honorable  discharge,
 discharge  under  honorable  conditions,  or general discharge, or has a
 qualifying condition, as defined in section [three hundred fifty] ONE of
 the [executive] VETERANS' SERVICES law, and  has  received  a  discharge
 other  than  bad  conduct  or  dishonorable  from  such service, or is a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of the [executive] VETERANS' SERVICES law, and has received a  discharge
 other than bad conduct or dishonorable from such service.
   b. "Persian Gulf veteran" means (i) a person who is a resident of this
 state[,] (ii) who served in the armed forces of the United States in the
 hostilities  that  occurred  in  the Persian Gulf from the second day of
 August, nineteen hundred ninety through the end of such hostilities, and
 (iii) who was either discharged therefrom  under  honorable  conditions,
 including but not limited to honorable discharge, discharge under honor-
 able conditions, or general discharge, or has a qualifying condition, as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 or  dishonorable  from such service, or is a discharged LGBT veteran, as
 defined in section [three hundred fifty] ONE of the  [executive]  VETER-
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 ANS'  SERVICES  law, and has received a discharge other than bad conduct
 or dishonorable from such service.
   c.  "Afghanistan veteran" means (i) a person who is a resident of this
 state[,] (ii) who served in the armed forces of the United States in the
 hostilities that occurred  in  Afghanistan  from  the  eleventh  day  of
 September,  two  thousand one, to the end of such hostilities, and (iii)
 who was either discharged therefrom under honorable conditions,  includ-
 ing  but  not  limited to honorable discharge, discharge under honorable
 conditions, or general discharge, or  has  a  qualifying  condition,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 or  dishonorable  from such service, or is a discharged LGBT veteran, as
 defined in section [three hundred fifty] ONE of the  [executive]  VETER-
 ANS'  SERVICES  law, and has received a discharge other than bad conduct
 or dishonorable from such service.
   d. "Other eligible combat veteran" means: an individual who (i)  is  a
 resident  of  this  state, (ii) served in the armed forces of the United
 States in hostilities that occurred after February twenty-eighth,  nine-
 teen hundred sixty-one, as evidenced by their receipt of an Armed Forces
 Expeditionary  Medal,  Navy Expeditionary Medal, or Marine Corps Expedi-
 tionary Medal, and (iii) was either discharged  under  honorable  condi-
 tions, including but not limited to honorable discharge, discharge under
 honorable  conditions,  or general discharge, or has a qualifying condi-
 tion, as defined in section [three hundred fifty] ONE of the [executive]
 VETERANS' SERVICES law, and has received  a  discharge  other  than  bad
 conduct  or  dishonorable  from  such  service,  or is a discharged LGBT
 veteran, as defined in section [three hundred fifty] ONE of the  [execu-
 tive]  VETERANS'  SERVICES  law, and has received a discharge other than
 bad conduct or dishonorable from such service.
   § 47. Subdivision 1 of section 3202 of the education law,  as  amended
 by chapter 490 of the laws of 2019, is amended to read as follows:
   1.  A  person  over five and under twenty-one years of age who has not
 received a high school diploma is entitled to attend the public  schools
 maintained  in  the  district  in  which such person resides without the
 payment of tuition. Provided further that such person  may  continue  to
 attend  the public school in such district in the same manner, if tempo-
 rarily residing outside the boundaries of the district  when  relocation
 to  such temporary residence is a consequence of such person's parent or
 person in parental relationship being called to  active  military  duty,
 other  than  training. Notwithstanding any other provision of law to the
 contrary, the school district shall not be required to provide transpor-
 tation between a temporary  residence  located  outside  of  the  school
 district  and  the  school  the  child attends. A veteran of any age who
 shall have served as a member of the armed forces of the  United  States
 and  who (a) shall have been discharged therefrom under conditions other
 than dishonorable, or (b) has a  qualifying  condition,  as  defined  in
 section  [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 from such service, or (c) is a discharged LGBT veteran,  as  defined  in
 section  [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 from such service, may attend any of the public  schools  of  the  state
 upon  conditions prescribed by the board of education, and such veterans
 shall be included in the pupil count for state aid purposes. A nonveter-
 an under twenty-one years of age who has received a high school  diploma
 shall  be  permitted to attend classes in the schools of the district in
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 which such person resides or in a  school  of  a  board  of  cooperative
 educational services upon payment of tuition under such terms and condi-
 tions  as shall be established in regulations promulgated by the commis-
 sioner;  provided, however, that a school district may waive the payment
 of tuition for such nonveteran, but in any case such  a  nonveteran  who
 has  received  a  high school diploma shall not be counted for any state
 aid purposes. Nothing herein contained shall, however, require  a  board
 of  education  to  admit a child who becomes five years of age after the
 school year has commenced unless his OR HER birthday occurs on or before
 the first of December.
   § 48. Clause (h) of subparagraph 3 of paragraph b of subdivision 1  of
 section 4402 of the education law, as amended by chapter 652 of the laws
 of 2007, is amended to read as follows:
   (h) Provide the form developed pursuant to subdivision [fifteen] TWEN-
 TY-TWO  of  section  [three hundred fifty-three] FOUR of the [executive]
 VETERANS' SERVICES law to the parent or person in parental relation of a
 child designated by the committee  as  either  disabled  or  emotionally
 disturbed.
   §  49. Subdivision 15 of section 1-104 of the election law, as amended
 by chapter 490 of the laws of 2019, is amended to read as follows:
   15. The term "veterans'  hospital"  means  any  sanitarium,  hospital,
 soldiers'  and  sailors'  home,  United  States Veterans' Administration
 Hospital, or other home or institution,  which  is  used,  operated  and
 conducted exclusively for the care, maintenance and treatment of persons
 serving  in  the  military or naval service or coast guard of the United
 States or the state of New York,  or  persons  who  (a)  were  honorably
 discharged  from  such  service,  or (b) have a qualifying condition, as
 defined in section [three hundred fifty] ONE of the  [executive]  VETER-
 ANS'  SERVICES law, and have received a discharge other than bad conduct
 or dishonorable from such service, or (c) are a discharged LGBT veteran,
 as defined in section [three  hundred  fifty]  ONE  of  the  [executive]
 VETERANS'  SERVICES  law,  and  have received a discharge other than bad
 conduct or dishonorable from such service.
   § 50. Subdivision 4 of section 5-210 of the election law,  as  amended
 by chapter 490 of the laws of 2019, is amended to read as follows:
   4.  Any  qualified  person  who has been honorably discharged from the
 military after the twenty-fifth day before a general  election,  or  who
 has  a qualifying condition, as defined in section [three hundred fifty]
 ONE of the [executive]  VETERANS'  SERVICES  law,  and  has  received  a
 discharge other than bad conduct or dishonorable from the military after
 the  twenty-fifth  day before a general election, or who is a discharged
 LGBT veteran, as defined in section [three hundred  fifty]  ONE  of  the
 [executive]  VETERANS'  SERVICES law, and has received a discharge other
 than bad conduct or dishonorable from the  military  after  the  twenty-
 fifth  day  before  a  general election, or who has become a naturalized
 citizen after  the  twenty-fifth  day  before  a  general  election  may
 personally  register  at  the board of elections in the county of his or
 her residence and vote in the general election held at  least  ten  days
 after such registration.
   § 51. Subdivision 16 of section 11-0305 of the environmental conserva-
 tion  law,  as amended by chapter 103 of the laws of 2012, is amended to
 read as follows:
   16. Notwithstanding any inconsistent provision of  law,  to  authorize
 free  sport  fishing clinics. A free sport fishing clinic shall include,
 but not be limited to, instruction provided by employees of the  depart-
 ment or its designee in recreational angling, including its benefits and
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 values,  and may also include instruction and other information relevant
 to an understanding of fisheries management, ethics and aquatic  ecology
 and  habitat.  No license or recreational marine fishing registration is
 required to take fish by angling while participating in a fishing clinic
 conducted  by the department or its designee that has been designated by
 the commissioner as a free sport fishing clinic. Such clinics  shall  be
 implemented  consistent with department standards and in a manner deter-
 mined by the department to best provide public  notice  thereof  and  to
 maximize public participation therein, so as to promote the recreational
 opportunities  afforded  by sport fishing. Further, the commissioner may
 designate additional fishing events  organized  through  the  department
 that  provide  physical  or  emotional  rehabilitation  for veterans, as
 defined in subdivision three of section [three hundred fifty] ONE of the
 [executive] VETERANS' SERVICES law, or active duty members of the  armed
 forces   of  the  United  States[,  as  defined  in  10  U.S.C.  section
 101(d)(1)]. No license or recreational marine fishing registration shall
 be required for such veterans or active duty members  to  take  fish  by
 angling while participating in these events.
   §  52. Subdivision 4 of section 11-0715 of the environmental conserva-
 tion law, as amended by chapter 490 of the laws of 2019, is  amended  to
 read as follows:
   4. A person, resident in the state for at least thirty days immediate-
 ly  prior  to  the  date  of  application,  who  (a)  has been honorably
 discharged from service in the armed forces of the United States, or (b)
 has a qualifying condition, as defined in section [three hundred  fifty]
 ONE  of  the  [executive]  VETERANS'  SERVICES  law,  and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (c)  is  a discharged LGBT veteran, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such service,  and
 is  certified  as  having  a  forty percent or greater service-connected
 disability is entitled to receive all licenses,  privileges,  tags,  and
 permits authorized by this title for which he or she is eligible, except
 turkey permits, renewable each year for a five dollar fee.
   §  53.  Subparagraph  (iv)  of paragraph c of subdivision 1 of section
 13-0328 of the environmental conservation law, as amended by chapter 656
 of the laws of 2021, is amended to read as follows:
   (iv) licenses shall be issued only to persons  who  demonstrate  in  a
 manner  acceptable to the department that they received an average of at
 least fifteen thousand dollars of income over  three  consecutive  years
 from  commercial  fishing  or  fishing,  or  who successfully complete a
 commercial food fish apprenticeship pursuant  to  subdivision  seven  of
 this  section.  As used in this subparagraph, "commercial fishing" means
 the taking and sale of marine resources including fish, shellfish, crus-
 tacea or other marine biota and "fishing" means commercial  fishing  and
 carrying  fishing  passengers  for hire. Individuals who wish to qualify
 based on income from "fishing" must hold  a  valid  marine  and  coastal
 district party and charter boat license. No more than ten percent of the
 licenses  issued  each year based on income eligibility pursuant to this
 paragraph shall be issued to applicants who qualify  based  solely  upon
 income  derived  from  operation  of or employment by a party or charter
 boat. For the income evaluation of this subdivision, the department  may
 consider  persons  who would otherwise be eligible but for having served
 in the United States armed forces on active  duty,  provided  that  such
 individual  (1)  has  received an honorable or general discharge, or (2)
 has a qualifying condition, as defined in section [three hundred  fifty]
 S. 8006--C                         121                        A. 9006--C
 
 ONE  of  the  [executive]  VETERAN'S  SERVICES  law,  and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (3)  is  a discharged LGBT veteran, as defined in section [three hundred
 fifty] ONE of the [executive] VETERAN'S SERVICES law, and has received a
 discharge  other  than  bad  conduct  or dishonorable from such service,
 shall not be deemed ineligible.
   § 54. Subdivision 1 of section 130 of the executive law, as amended by
 section 2 of part V of chapter 58 of the laws of  2020,  is  amended  to
 read as follows:
   1.  The secretary of state may appoint and commission as many notaries
 public for the state of New York as in his or her judgment may be deemed
 best, whose jurisdiction shall be co-extensive with  the  boundaries  of
 the  state.  The  appointment  of a notary public shall be for a term of
 four years. An application for an appointment as notary public shall  be
 in  form  and  set  forth  such  matters as the secretary of state shall
 prescribe. Every person appointed as notary public must, at the time  of
 his  or  her appointment, be a resident of the state of New York or have
 an office or place of business in New York state. A notary public who is
 a resident of the state and who moves out of the state but  still  main-
 tains a place of business or an office in New York state does not vacate
 his  or her office as a notary public. A notary public who is a nonresi-
 dent and who ceases to have an office  or  place  of  business  in  this
 state, vacates his or her office as a notary public. A notary public who
 is  a resident of New York state and moves out of the state and who does
 not retain an office or place of business in this state shall vacate his
 or her office as a notary public. A non-resident who accepts the  office
 of  notary  public in this state thereby appoints the secretary of state
 as the person upon whom process can be served  on  his  or  her  behalf.
 Before issuing to any applicant a commission as notary public, unless he
 or she be an attorney and counsellor at law duly admitted to practice in
 this  state  or  a  court clerk of the unified court system who has been
 appointed to such position after  taking  a  civil  service  promotional
 examination  in the court clerk series of titles, the secretary of state
 shall satisfy himself or herself that the applicant  is  of  good  moral
 character, has the equivalent of a common school education and is famil-
 iar  with  the duties and responsibilities of a notary public; provided,
 however, that where a notary public applies, before  the  expiration  of
 his  or  her  term,  for  reappointment with the county clerk or where a
 person whose term as notary public shall have expired applies within six
 months thereafter for reappointment as a notary public with  the  county
 clerk,  such  qualifying  requirements may be waived by the secretary of
 state, and further, where an application for reappointment is filed with
 the county clerk after the  expiration  of  the  aforementioned  renewal
 period by a person who failed or was unable to re-apply by reason of his
 or her induction or enlistment in the armed forces of the United States,
 such  qualifying  requirements  may  also  be waived by the secretary of
 state, provided such application for  reappointment  is  made  within  a
 period  of  one year after the military discharge of the applicant under
 conditions other than dishonorable, or if the applicant has a qualifying
 condition, as defined in section [three hundred fifty of  this  chapter]
 ONE OF THE VETERANS' SERVICES LAW, within a period of one year after the
 applicant  has  received a discharge other than bad conduct or dishonor-
 able from such service, or if the applicant is a discharged LGBT  veter-
 an,  as  defined in section [three hundred fifty of this chapter] ONE OF
 THE VETERANS' SERVICES LAW, within a period of one year after the appli-
 cant has received a discharge other than  bad  conduct  or  dishonorable
 S. 8006--C                         122                        A. 9006--C
 
 from  such service. In any case, the appointment or reappointment of any
 applicant is in the discretion of the secretary of state. The  secretary
 of  state  may suspend or remove from office, for misconduct, any notary
 public  appointed by him or her but no such removal shall be made unless
 the person who is sought to be removed shall have  been  served  with  a
 copy  of the charges against him or her and have an opportunity of being
 heard.  No person shall be appointed as a notary public under this arti-
 cle who has been convicted, in this state or any other state or territo-
 ry, of a crime, unless the secretary makes a finding in conformance with
 all applicable statutory  requirements,  including  those  contained  in
 article  twenty-three-A  of the correction law, that such convictions do
 not constitute a bar to appointment.
   § 55. Subdivision 1 of section 32 of  the  general  business  law,  as
 amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
 follows:
   1. Every member of the armed forces of the United States who  (a)  was
 honorably  discharged  from such service, or (b) has a qualifying condi-
 tion, as defined in section [three hundred fifty] ONE of the [executive]
 VETERANS' SERVICES law, and has received  a  discharge  other  than  bad
 conduct  or  dishonorable from such service, or (c) is a discharged LGBT
 veteran, as defined in section [three hundred fifty] ONE of the  [execu-
 tive]  VETERANS'  SERVICES  law, and has received a discharge other than
 bad conduct or dishonorable from such service, and who is a resident  of
 this  state  and  a  veteran of any war, or who shall have served in the
 armed forces of the United States overseas, and the surviving spouse  of
 any  such  veteran,  if a resident of the state, shall have the right to
 hawk, peddle, vend and sell goods, wares or merchandise or solicit trade
 upon the streets and highways within the county of his or her residence,
 as the case may be, or if such county is  embraced  wholly  by  a  city,
 within  such  city, by procuring a license for that purpose to be issued
 as herein provided. No part of the lands or premises under the jurisdic-
 tion of the division of the state fair in the department of  agriculture
 and  markets,  shall be deemed a street or highway within the meaning of
 this section.
   § 56. Section 35 of the general business law, as  amended  by  chapter
 490 of the laws of 2019, is amended to read as follows:
   §  35. Municipal regulations. This article shall not affect the appli-
 cation of any ordinance, by-law or regulation of a municipal corporation
 relating to hawkers and peddlers within the limits of such corporations,
 but the provisions of this article are to be complied with  in  addition
 to  the  requirements  of  any  such  ordinance,  by-law  or regulation;
 provided, however, that no such by-law, ordinance  or  regulation  shall
 prevent or in any manner interfere with the hawking or peddling, without
 the  use of any but a hand driven vehicle, in any street, avenue, alley,
 lane or park of a municipal corporation,  by  any  honorably  discharged
 member  of  the  armed forces of the United States who (1) was honorably
 discharged from such service, or (2)  has  a  qualifying  condition,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 or  dishonorable from such service, or (3) is a discharged LGBT veteran,
 as defined in section [three  hundred  fifty]  ONE  of  the  [executive]
 VETERANS'  SERVICES  law,  and  has  received a discharge other than bad
 conduct or dishonorable from such service, and who is  physically  disa-
 bled as a result of injuries received while in the service of said armed
 forces  and  the holder of a license granted pursuant to section thirty-
 two of this article.
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   § 57. Paragraph (a) of subdivision 1 of section 35-a  of  the  general
 business  law, as amended by chapter 490 of the laws of 2019, is amended
 to read as follows:
   (a) In cities having a population of one million or more, the official
 designated by a local law or ordinance to issue a local license to hawk,
 peddle,  vend and sell goods, wares or merchandise or solicit trade upon
 the streets and highways within such city shall issue specialized  vend-
 ing licenses to members of the armed forces of the United States who (i)
 were  honorably  discharged from such service, or (ii) have a qualifying
 condition, as defined in section [three hundred fifty] ONE of the [exec-
 utive] VETERANS' SERVICES law, and received a discharge other  than  bad
 conduct  or  dishonorable  from  such service, or (iii) are a discharged
 LGBT veteran, as defined in section [three hundred  fifty]  ONE  of  the
 [executive]  VETERANS' SERVICES law, and received a discharge other than
 bad conduct or dishonorable from such service, and  who  are  physically
 disabled  as  a result of injuries received while in the service of said
 armed forces and who are eligible to hold licenses granted  pursuant  to
 section  thirty-two  of this article.  Such specialized vending licenses
 shall authorize holders thereof to hawk or peddle within  such  city  in
 accordance  with  the  provisions contained in this section. Specialized
 vending licenses issued under this  section  shall  permit  the  holders
 thereof to vend on any block face, and no licensee authorized under this
 section  shall be restricted in any way from vending in any area, except
 as provided in this section.
   § 58. Paragraph (b) of subdivision 3 of section 69-p  of  the  general
 business  law, as amended by chapter 490 of the laws of 2019, is amended
 to read as follows:
   (b) In the case of persons who are or were in the military service and
 (i) have  been  or  will  be  discharged  under  conditions  other  than
 dishonorable, or (ii) have a qualifying condition, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or (iii) are discharged LGBT veterans, as  defined  in  section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 have  received  a  discharge other than bad conduct or dishonorable from
 such service, the period of two years specified in  subdivision  one  of
 this  section need not be continuous. The length of time such person was
 engaged in the business of installing, servicing or maintaining security
 or fire alarm systems before entering the military service may be  added
 to  any period of time during which such person was or is engaged in the
 business of installing, servicing or maintaining security or fire  alarm
 systems after the termination of military service.
   §  59.  The  closing  paragraph of section 435 of the general business
 law, as amended by chapter 490 of the laws of 2019, is amended  to  read
 as follows:
   In the case of persons who are or were in the military service and (a)
 have  been  or  will be discharged under conditions other than dishonor-
 able, or (b) have a qualifying condition, as defined in  section  [three
 hundred  fifty]  ONE  of  the  [executive]  VETERANS'  SERVICES law, and
 received a discharge other than bad conduct or  dishonorable  from  such
 service,  or  (c)  are  discharged  LGBT veterans, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 have received a discharge other than bad conduct  or  dishonorable  from
 such  service,  the  period  of one year specified in subdivision one of
 this section and the period of six months specified in  subdivision  two
 of  this  section need not be continuous. The length of time such person
 S. 8006--C                         124                        A. 9006--C
 
 was engaged in the practice of barbering before  entering  the  military
 service  may be added to any period of time during which such person was
 or is engaged in the practice of  barbering  after  the  termination  of
 military service.
   §  60.  Section  13-a  of  the general construction law, as amended by
 chapter 490 of the laws of 2019, is amended to read as follows:
   § 13-a. Armed forces of the United States. "Armed forces of the United
 States" means the army, navy, marine corps, air force and coast guard[,]
 including all components thereof, and the national  guard  when  in  the
 service  of  the  United  States  pursuant  to  call as provided by law.
 Pursuant to this definition no person shall be considered  a  member  or
 veteran  of  the  armed  forces  of  the United States unless his or her
 service therein is or was on a full-time active duty basis,  other  than
 active  duty  for training or he or she was employed by the War Shipping
 Administration or Office of Defense Transportation or their agents as  a
 merchant  seaman  documented by the United States Coast Guard or Depart-
 ment of Commerce, or as a civil servant employed by  the  United  States
 Army  Transport  Service  (later  redesignated as the United States Army
 Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od  of  armed conflict, December seventh, nineteen hundred forty-one, to
 August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms  are defined under federal law (46 USCA 10301 & 10501) and further
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense or he or she served as a United States civilian employed by  the
 American  Field  Service  and served overseas under United States Armies
 and United States Army Groups in world war II during the period of armed
 conflict, December  seventh,  nineteen  hundred  forty-one  through  May
 eighth,  nineteen hundred forty-five, and (i) was discharged or released
 therefrom under honorable conditions, or (ii) has  a  qualifying  condi-
 tion, as defined in section [three hundred fifty] ONE of the [executive]
 VETERANS'  SERVICES  law,  and  has  received a discharge other than bad
 conduct or dishonorable from such service, or (iii) is a discharged LGBT
 veteran, as defined in section [three hundred fifty] ONE of the  [execu-
 tive]  VETERANS'  SERVICES  law, and has received a discharge other than
 bad conduct or dishonorable from such service, or he or she served as  a
 United  States civilian Flight Crew and Aviation Ground Support Employee
 of Pan American World Airways or one of its subsidiaries or  its  affil-
 iates  and  served  overseas as a result of Pan American's contract with
 Air Transport Command or Naval Air Transport Service during  the  period
 of  armed  conflict,  December  fourteenth,  nineteen  hundred forty-one
 through August fourteenth, nineteen hundred  forty-five,  and  (iv)  was
 discharged  or released therefrom under honorable conditions, or (v) has
 a qualifying condition, as defined in section [three hundred fifty]  ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service, or (vi)  is  a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service.
 S. 8006--C                         125                        A. 9006--C
 
   § 61. Subdivision 1 of section 77 of the  general  municipal  law,  as
 amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
 follows:
   1. A municipal corporation may lease, for not exceeding five years, to
 a  post  or posts of the Grand Army of the Republic, Veterans of Foreign
 Wars of the United States, American Legion, Catholic War Veterans, Inc.,
 Disabled American Veterans, the Army  and  Navy  Union,  U.S.A.,  Marine
 Corps  League,  AMVETS,  American  Veterans  of World War II, Jewish War
 Veterans of the United States, Inc., Italian American  War  Veterans  of
 the  United  States,  Incorporated, Masonic War Veterans of the State of
 New York, Inc., Veterans of World War I of the United States of  America
 Department  of New York, Inc., Polish-American Veterans of World War II,
 Amsterdam, N.Y., Inc., Polish-American Veterans of World War  II,  Sche-
 nectady,  N.Y.,  Inc., Polish Legion of American Veterans, Inc., Vietnam
 Veterans of America or other veteran  organization  of  members  of  the
 [armed  forces]  UNIFORMED  SERVICES  of  the United States who (a) were
 honorably discharged from such service or (b) have a  qualifying  condi-
 tion, as defined in section [three hundred fifty] ONE of the [executive]
 VETERANS'  SERVICES law, and received a discharge other than bad conduct
 or dishonorable from such service, or (c) are discharged LGBT  veterans,
 as  defined  in  section  [three  hundred  fifty] ONE of the [executive]
 VETERANS' SERVICES law, and received a discharge other than bad  conduct
 or dishonorable from such service, or to an incorporated organization or
 an  association  of  either  active  or exempt volunteer firefighters, a
 public building or part thereof,  belonging  to  such  municipal  corpo-
 ration,  except  schoolhouses in actual use as such, without expense, or
 at a nominal rent, fixed by the board or council having charge  of  such
 buildings  and  provide  furniture  and furnishings, and heat, light and
 janitor service therefor, in like manner.
   § 62. Paragraph (a) of subdivision 1 of section  148  of  the  general
 municipal law, as amended by chapter 490 of the laws of 2019, is amended
 to read as follows:
   (a)  The board of supervisors in each of the counties, or the board of
 estimate in the city of New York, shall designate  some  proper  person,
 association  or  commission,  other than that designated for the care of
 burial of public charges or criminals, who shall cause  to  be  interred
 the  body  of any member of the [armed forces] UNIFORMED SERVICES of the
 United States who (i) was honorably discharged from such service or (ii)
 had a qualifying condition, as defined in section [three hundred  fifty]
 ONE  of the [executive] VETERANS' SERVICES law, and received a discharge
 other than bad conduct or dishonorable from such service, or (iii) was a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of the [executive] VETERANS' SERVICES  law,  and  received  a  discharge
 other than bad conduct or dishonorable from such service, or the body of
 any minor child or either parent, or the spouse or unremarried surviving
 spouse  of  any  such member of the [armed forces] UNIFORMED SERVICES of
 the United States, if such person shall hereafter die in a county or  in
 the  city  of New York without leaving sufficient means to defray his or
 her funeral expenses.
   § 63. Section 117-c of the highway law, as amended by chapter  490  of
 the laws of 2019, is amended to read as follows:
   §  117-c. Hawking, peddling, vending, sale of goods, wares or merchan-
 dise; Erie county; certain areas. Notwithstanding any law to the contra-
 ry, except section thirty-five of the general business law,  the  county
 of  Erie  shall have the power to enact a local law prohibiting hawking,
 peddling, vending and sale of goods, wares or merchandise  or  solicita-
 S. 8006--C                         126                        A. 9006--C
 
 tion  of  trade  in the right-of-way of county roads adjacent to arenas,
 stadiums, auditoriums or like facilities, which contain  fifty  thousand
 or more seats, which are used for events likely to attract large numbers
 of  spectators,  including  but  not limited to home games of a National
 Football League franchise. Provided, however, that the  power  to  enact
 such  local  law  shall  be subject to the requirement that provision be
 made, by lease agreement, regulation  or  otherwise,  for  the  hawking,
 peddling,  vending and sales of goods, wares or merchandise or solicita-
 tion of trade in designated vending areas on the ground of  county-owned
 lands leased for use as an arena, stadium or auditorium or like facility
 which  contain  fifty  thousand or more seats; and further provided that
 members of the armed forces of the United States who (a) were  honorably
 discharged  from  such  service,  or (b) have a qualifying condition, as
 defined in section [three hundred fifty] ONE of the  [executive]  VETER-
 ANS'  SERVICES  law,  and received a discharge other than bad conduct or
 dishonorable from such service, or (c) are discharged LGBT veterans,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, and received a discharge other than  bad  conduct  or
 dishonorable from such service, and who are entitled to hawk, vend, sell
 or  peddle  merchandise  in the public right-of-way pursuant to sections
 thirty-two and thirty-five of the general business law, shall  be  given
 first  preference in any assignment or vending locations or in the allo-
 cation of such locations.
   § 64. Paragraph 11 of subsection (j) of section 2103 of the  insurance
 law,  as  amended by chapter 490 of the laws of 2019, is amended to read
 as follows:
   (11) No license fee shall be required of any person who  served  as  a
 member  of the armed forces of the United States at any time and who (A)
 shall have  been  discharged  therefrom,  under  conditions  other  than
 dishonorable,  or  (B) has a qualifying condition, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has received a discharge other than bad  conduct  or  dishonorable  from
 such service, or (C) is a discharged LGBT veteran, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has  received  a  discharge  other than bad conduct or dishonorable from
 such service, in a current licensing period, for the  duration  of  such
 period.
   §  65. Subparagraph (F) of paragraph 3 of subsection (e) and paragraph
 2 of subsection (f) of section 2104 of the insurance law, as amended  by
 chapter 490 of the laws of 2019, are amended to read as follows:
   (F) served as a member of the armed forces of the United States at any
 time,  and  shall  (i)  have been discharged under conditions other than
 dishonorable, or (ii) has a qualifying condition, as defined in  section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has  received  a  discharge  other than bad conduct or dishonorable from
 such service, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
 section  [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 from such service, and who within three years prior to his OR HER  entry
 into  the  armed  forces  held a license as insurance broker for similar
 lines, provided his OR HER application for such license is filed  before
 one year from the date of final discharge; or
   (2)  No  license  fee  shall be required of any person who served as a
 member of the armed forces of the United States at any time, and who (A)
 shall have been discharged, under conditions other than dishonorable, or
 (B) has a qualifying condition, as defined  in  section  [three  hundred
 S. 8006--C                         127                        A. 9006--C
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge  other  than bad conduct or dishonorable from such service, or
 (C) is a discharged LGBT veteran, as defined in section  [three  hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such service, in a
 current licensing period, for the duration of such period.
   §  66.  Paragraph 2 of subsection (i) of section 2108 of the insurance
 law, as amended by chapter 490 of the laws of 2019, is amended  to  read
 as follows:
   (2)  No  license  fee  shall be required of any person who served as a
 member of the armed forces of the United States at any time and who  (A)
 shall have been discharged, under conditions other than dishonorable, or
 (B)  has  a  qualifying  condition, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (C)  is  a discharged LGBT veteran, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such service, in a
 current licensing period, for the duration of such period.
   § 67. Paragraph 10 of subsection (h) of section 2137 of the  insurance
 law,  as  amended by chapter 490 of the laws of 2019, is amended to read
 as follows:
   (10) No license fee shall be required of any person who  served  as  a
 member  of the armed forces of the United States at any time and who (A)
 shall have  been  discharged  therefrom,  under  conditions  other  than
 dishonorable,  or  (B) has a qualifying condition, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has received a discharge other than bad  conduct  or  dishonorable  from
 such service, or (C) is a discharged LGBT veteran, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has  received  a  discharge  other than bad conduct or dishonorable from
 such service, in a current licensing period, for the  duration  of  such
 period.
   §  68. Paragraph 11 of subsection (i) of section 2139 of the insurance
 law, as amended by chapter 490 of the laws of 2019, is amended  to  read
 as follows:
   (11)  No  license  fee shall be required of any person who served as a
 member of the armed forces of the United States at any time, and who (A)
 shall  have  been  discharged  therefrom  under  conditions  other  than
 dishonorable,  or  (B) has a qualifying condition, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has received a discharge other than bad  conduct  or  dishonorable  from
 such service, or (C) is a discharged LGBT veteran, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has  received  a  discharge  other than bad conduct or dishonorable from
 such service, in a current licensing period for  the  duration  of  such
 period.
   §  69.  Section 466 of the judiciary law, as amended by chapter 490 of
 the laws of 2019, is amended to read as follows:
   § 466.  Attorney's  oath  of  office.  1.  Each  person,  admitted  as
 prescribed  in  this  chapter  must, upon his or her admission, take the
 constitutional oath of office in open court, and subscribe the same in a
 roll or book, to be kept in the office of the  clerk  of  the  appellate
 division of the supreme court for that purpose.
   2.  Any person now in actual service in the armed forces of the United
 States or whose induction or enlistment therein is imminent,  or  within
 S. 8006--C                         128                        A. 9006--C
 
 sixty  days  after such person (1) has been honorably discharged, or (2)
 has received a discharge other than bad  conduct  or  dishonorable  from
 such  service,  if such person has a qualifying condition, as defined in
 section  [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
 law, or (3) has received a discharge other than bad conduct or dishonor-
 able from such service, if such person is a discharged LGBT veteran,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, if the appellate division of the supreme court in the
 department in which such person resides is not in session, may subscribe
 and take the oath before a justice of that court, with  the  same  force
 and  effect  as if it were taken in open court, except that in the first
 department the oath must be taken before the presiding  justice  or,  in
 his or her absence, before the senior justice.
   §  70.  Subdivision 3 of section 20 of the military law, as amended by
 chapter 490 of the laws of 2019, is amended to read as follows:
   3. Any person who has served as a commissioned or warrant  officer  in
 the  organized  militia  or in the armed forces of the United States and
 (a) has been honorably discharged therefrom, or  (b)  has  a  qualifying
 condition, as defined in section [three hundred fifty] ONE of the [exec-
 utive]  VETERANS'  SERVICES law, and has received a discharge other than
 bad conduct or dishonorable from such service, or (c)  is  a  discharged
 LGBT  veteran,  as  defined  in section [three hundred fifty] ONE of the
 [executive] VETERANS' SERVICES law, and has received a  discharge  other
 than  bad conduct or dishonorable from such service, may be commissioned
 and placed on the state reserve list in  the  highest  grade  previously
 held  by  him  OR  HER  after  complying  with such conditions as may be
 prescribed by regulations issued pursuant to this chapter.
   § 71. Paragraphs (b) and (c) of subdivision 1 and subparagraphs 1  and
 2  of  paragraph  (a)  of subdivision 4-b of section 243 of the military
 law, as amended by chapter 490 of the laws of 2019, are amended to  read
 as follows:
   (b)  The term "military duty" shall mean military service in the mili-
 tary, naval, aviation or marine service of the United States  subsequent
 to  July  first,  nineteen hundred forty, or service under the selective
 training and service act of nineteen  hundred  forty,  or  the  national
 guard  and  reserve officers mobilization act of nineteen hundred forty,
 or any other act of congress supplementary or amendatory thereto, or any
 similar act of congress hereafter enacted and irrespective of  the  fact
 that  such  service  was  entered  upon following a voluntary enlistment
 therefor or was required under one of the foregoing acts of congress, or
 service with the United States public health service as  a  commissioned
 officer,  or  service  with  the American Red Cross while with the armed
 forces of the United States on foreign  service,  or  service  with  the
 special  services  section  of  the armed forces of the United States on
 foreign service, or service in the merchant marine which  shall  consist
 of  service as an officer or member of the crew on or in connection with
 a vessel documented under the laws of the  United  States  or  a  vessel
 owned  by, chartered to, or operated by or for the account or use of the
 government of the United States, or service by one who was  employed  by
 the  War  Shipping Administration or Office of Defense Transportation or
 their agents as a merchant seaman documented by the United States  Coast
 Guard  or  Department of Commerce, or as a civil servant employed by the
 United States Army Transport Service (later redesignated as  the  United
 States Army Transportation Corps, Water Division) or the Naval Transpor-
 tation  Service;  and  who served satisfactorily as a crew member during
 the period of armed conflict, December seventh, nineteen hundred  forty-
 S. 8006--C                         129                        A. 9006--C
 
 one,  to  August fifteenth, nineteen hundred forty-five, aboard merchant
 vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
 as such terms are defined under federal law (46 USCA 10301 & 10501)  and
 further  to include "near foreign" voyages between the United States and
 Canada, Mexico, or the West Indies via ocean routes, or  public  vessels
 in  oceangoing  service or foreign waters and who has received a Certif-
 icate of Release or Discharge from Active Duty and a  discharge  certif-
 icate,  or an Honorable Service Certificate/Report of Casualty, from the
 Department of Defense,  or  who  served  as  a  United  States  civilian
 employed  by the American Field Service and served overseas under United
 States Armies and United States Army Groups in world war II  during  the
 period  of  armed conflict, December seventh, nineteen hundred forty-one
 through May  eighth,  nineteen  hundred  forty-five,  and  who  (i)  was
 discharged or released therefrom under honorable conditions, or (ii) has
 a  qualifying condition, as defined in section [three hundred fifty] ONE
 of the [executive] VETERANS' SERVICES law, and has received a  discharge
 other  than bad conduct or dishonorable from such service, or (iii) is a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of the [executive] VETERANS' SERVICES law, and has received a  discharge
 other  than bad conduct or dishonorable from such service, or who served
 as a United States civilian Flight  Crew  and  Aviation  Ground  Support
 Employee of Pan American World Airways or one of its subsidiaries or its
 affiliates  and  served  overseas as a result of Pan American's contract
 with Air Transport Command or Naval Air  Transport  Service  during  the
 period  of  armed conflict, December fourteenth, nineteen hundred forty-
 one through August fourteenth, nineteen hundred forty-five, and who (iv)
 was discharged or released therefrom under honorable conditions, or  (v)
 has  a qualifying condition, as defined in section [three hundred fifty]
 ONE of the [executive]  VETERANS'  SERVICES  law,  and  has  received  a
 discharge  other  than bad conduct or dishonorable from such service, or
 (vi) is a discharged LGBT veteran, as defined in section [three  hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge  other  than bad conduct or dishonorable from such service; or
 service in police duty on behalf of the United States  government  in  a
 foreign  country,  if  such  person  is  a police officer, as defined by
 section 1.20 of the criminal procedure law, and if such  police  officer
 obtained  the  prior  consent  of  his  or her public employer to absent
 himself or herself from his or her position to engage in the performance
 of such service; or as an enrollee in the United States maritime service
 on active duty and, to such extent as may be prescribed by or under  the
 laws  of  the  United  States,  any  period  awaiting assignment to such
 service and any period of education or training for such service in  any
 school  or  institution  under  the  jurisdiction  of  the United States
 government, but shall not include temporary and intermittent  gratuitous
 service  in  any reserve or auxiliary force. It shall include time spent
 in reporting for and returning from military duty and shall be deemed to
 commence when the public employee leaves his OR HER position and to  end
 when he OR SHE is reinstated to his OR HER position, provided such rein-
 statement  is within ninety days after the termination of military duty,
 as hereinafter defined. Notwithstanding the foregoing provisions of this
 paragraph, the term "military duty" shall not include any of the forego-
 ing services entered upon voluntarily on or after January  first,  nine-
 teen  hundred forty-seven and before June twenty-fifth, nineteen hundred
 fifty; and, on or after July first, nineteen hundred seventy,  the  term
 "military  duty"  shall  not  include any voluntary service in excess of
 four years performed after that date, or  the  total  of  any  voluntary
 S. 8006--C                         130                        A. 9006--C
 
 services,  additional  or  otherwise,  in excess of four years performed
 after that date, shall not exceed five years, if the service  in  excess
 of  four  years is at the request and for the convenience of the federal
 government, except if such voluntary service is performed during a peri-
 od of war, or national emergency declared by the president.
   (c)  The  term "termination of military duty" shall mean the date of a
 certificate of honorable discharge or a  certificate  of  completion  of
 training  and service as set forth in the selective training and service
 act of nineteen hundred forty, and the national guard and reserve  offi-
 cers  mobilization act of nineteen hundred forty or, or a certificate of
 release or discharge from active duty where an employee (i) has a quali-
 fying condition, as defined in section [three hundred fifty] ONE of  the
 [executive]  VETERANS'  SERVICES law, and has received a discharge other
 than bad conduct or  dishonorable  from  such  service,  or  (ii)  is  a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from  such  service,  or  in  the
 event  of the incurrence of a temporary disability arising out of and in
 the course of such military duty, the date of termination of such  disa-
 bility.  The  existence and termination of such temporary disability, in
 the case of a public employee occupying a  position  in  the  classified
 civil  service or of a person on an eligible list for a position in such
 service, shall be determined by  the  civil  service  commission  having
 jurisdiction  over  such  position and, in the case of a public employee
 occupying a position not in  the  classified  civil  service,  shall  be
 determined by the officer or body having the power of appointment.
   (1)  "New  York  city  veteran of world war II". Any member of the New
 York city employees' retirement system in city-service who, after his OR
 HER last membership in such system began, served  as  a  member  of  the
 armed  forces of the United States during the period beginning on Decem-
 ber seventh, nineteen hundred forty-one and ending on  December  thirty-
 first,  nineteen  hundred forty-six, and (i) was honorably discharged or
 released under honorable circumstances from such service, or (ii) has  a
 qualifying condition, as defined in section [three hundred fifty] ONE of
 the  [executive]  VETERANS'  SERVICES  law, and has received a discharge
 other than bad conduct or dishonorable from such service, or (iii) is  a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service.
   (2) "New York city veteran of the Korean conflict." Any member of  the
 New  York  city  employees' retirement system in city-service who, after
 his OR HER last membership in such system began, served as a  member  of
 the armed forces of the United States during the period beginning on the
 twenty-seventh  of  June, nineteen hundred fifty and ending on the thir-
 ty-first day of January, nineteen hundred fifty-five, and (i) was honor-
 ably discharged or released  under  honorable  circumstances  from  such
 service,  or  (ii)  has  a  qualifying  condition, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has received a discharge other than bad  conduct  or  dishonorable  from
 such  service,  or  (iii)  is  a  discharged LGBT veteran, as defined in
 section [three hundred fifty] ONE of the [executive] VETERANS'  SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 from such service.
   §  72.  Section  245 of the military law, as amended by chapter 490 of
 the laws of 2019, is amended to read as follows:
 S. 8006--C                         131                        A. 9006--C
 
   § 245. Retirement allowances of certain war veterans.   1. Any  member
 of  a  teachers'  retirement  system  to  which  the city of New York is
 required by law to make contributions on account of such member who  (i)
 is  an  honorably discharged member of any branch of the armed forces of
 the  United  States,  or  (ii) has a qualifying condition, as defined in
 section [three hundred fifty] ONE of the [executive] VETERANS'  SERVICES
 law,  and  has  received a discharge other than bad conduct or dishonor-
 able, or (iii) is a discharged  LGBT  veteran,  as  defined  in  section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has  received a discharge other than bad conduct or dishonorable, having
 served as such during the time of war and who has attained  the  age  of
 fifty  years, may retire upon his OR HER own request upon written appli-
 cation to the board setting forth at what time not less than thirty days
 subsequent to the execution and filing thereof he OR SHE desires  to  be
 retired,  provided  that such member at the time so specified for his OR
 HER retirement shall have completed at least twenty-five years of allow-
 able service. Upon retirement such member shall receive  an  annuity  of
 equivalent actuarial value to his OR HER accumulated deductions, and, in
 addition,  a  pension beginning immediately, having a value equal to the
 present value of the pension that would have become payable  had  he  OR
 SHE continued at his OR HER current salary to the age at which he OR SHE
 would  have  first  become  eligible  for  service retirement, provided,
 however, that the said member on making application for retirement shall
 pay into the retirement fund a sum of money which calculated on an actu-
 arial basis, together with his OR  HER  prior  contributions  and  other
 accumulations  in  said  fund then to his OR HER credit, shall be suffi-
 cient to entitle the said member to the same annuity and pension that he
 OR SHE would have received had he OR SHE remained in the service of  the
 city  until  he OR SHE had attained the age at which he OR SHE otherwise
 would have first become eligible for service retirement.
   2. Notwithstanding any other provision  of  this  section  or  of  any
 general,  special  or local law or code to the contrary, a member of any
 such teachers' retirement system who  (i)  is  separated  or  discharged
 under  honorable  conditions  from any branch of the armed forces of the
 United States, or (ii) has a qualifying condition, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has received a discharge other than  bad  conduct  or  dishonorable,  or
 (iii) is a discharged LGBT veteran, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge  other than bad conduct or dishonorable, having served as such
 during the time of war and who has attained the age of fifty years,  may
 retire upon his OR HER own request upon written application to the board
 setting  forth at what time, not less than thirty days subsequent to the
 execution and filing thereof, he OR SHE desires to be retired,  provided
 that  such  member  at  that time so specified for his OR HER retirement
 shall have completed at least twenty-five years  of  allowable  service.
 Upon  reaching  his  OR  HER previously selected minimum retirement age,
 such member shall receive an annuity of equivalent actuarial  value,  at
 that  time,  to  his  OR HER accumulated deductions, and, in addition, a
 pension based upon his OR HER credited years of allowable service,  plus
 the  pension-for-increased-take-home-pay, if any. Should such member die
 before reaching his OR HER retirement age, then any beneficiary under  a
 selected  option shall be eligible for benefits under such option at the
 date upon which the member  would  have  reached  his  OR  HER  selected
 retirement age.
 S. 8006--C                         132                        A. 9006--C
 
   §  73.  Subdivision 1-b of section 247 of the military law, as amended
 by chapter 490 of the laws of 2019, is amended to read as follows:
   1-b.  The adjutant general is hereby authorized to present in the name
 of the legislature of the state of New York, a certificate, to be  known
 as  the  "Cold  War Certificate", bearing a suitable inscription, to any
 person: (i) who is a citizen of the state of New York or (ii) who was  a
 citizen  of  the  state of New York while serving in the armed forces of
 the United States; (iii) who served in the United  States  Armed  Forces
 during  the  period  of  time  from  September  second, nineteen hundred
 forty-five through December twenty-sixth, nineteen  hundred  ninety-one,
 commonly  known  as  the  Cold  War  Era;  and  (iv)  who  was honorably
 discharged or released under honorable circumstances during the Cold War
 Era, or has a qualifying condition, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES  law,  and  received  a
 discharge  other  than  bad  conduct or dishonorable during the Cold War
 Era, or is a discharged LGBT  veteran,  as  defined  in  section  [three
 hundred  fifty]  ONE  of  the  [executive]  VETERANS'  SERVICES law, and
 received a discharge other than bad conduct or dishonorable  during  the
 Cold War Era. Not more than one Cold War Certificate shall be awarded or
 presented, under the provisions of this subdivision, to any person whose
 entire service subsequent to the time of the receipt of such medal shall
 not  have been honorable. In the event of the death of any person during
 or subsequent to the receipt of such certificate it shall  be  presented
 to  such  representative of the deceased as may be designated. The adju-
 tant general, in consultation with the [director]  COMMISSIONER  of  the
 [division]  DEPARTMENT  of veterans' services, shall make such rules and
 regulations as may be deemed necessary for the proper  presentation  and
 distribution of the certificate.
   §  74.  Section  249 of the military law, as amended by chapter 490 of
 the laws of 2019, is amended to read as follows:
   § 249. State and municipal officers and employees  granted  leaves  of
 absence  on  July  fourth in certain cases. Each officer and employee of
 the state or of a municipal corporation or of any other political subdi-
 vision thereof who was a member of the national guard or  naval  militia
 or  a  member  of the reserve corps at a time when the United States was
 not at war and who (i) has been honorably discharged therefrom, or  (ii)
 has  a qualifying condition, as defined in section [three hundred fifty]
 ONE of the [executive]  VETERANS'  SERVICES  law,  and  has  received  a
 discharge  other  than bad conduct or dishonorable from such service, or
 (iii) is a discharged LGBT veteran, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct  or  dishonorable  from  such  service,
 shall,  in  so  far  as  practicable,  be  entitled to absent himself OR
 HERSELF from [his] duties or service, with pay, on July fourth  of  each
 year.  Notwithstanding  the  provisions of any general, special or local
 law or the provisions of any city charter, no such officer  or  employee
 shall  be  subjected  by  any  person whatever directly or indirectly by
 reason of such absence to any loss or diminution of vacation or  holiday
 privilege  or  be prejudiced by reason of such absence with reference to
 promotion or continuance in office or employment or to reappointment  to
 office or to re-employment.
   § 75. Subparagraph 2 of paragraph b of subdivision 1 of section 156 of
 the  public  housing law, as amended by chapter 490 of the laws of 2019,
 is amended to read as follows:
   (2) (i) have been thereafter discharged or  released  therefrom  under
 conditions other than dishonorable, or (ii) have a qualifying condition,
 S. 8006--C                         133                        A. 9006--C
 
 as  defined  in  section  [three  hundred  fifty] ONE of the [executive]
 VETERANS' SERVICES law, and have received a  discharge  other  than  bad
 conduct  or dishonorable from such service, or (iii) are discharged LGBT
 veterans, as defined in section [three hundred fifty] ONE of the [execu-
 tive]  VETERANS'  SERVICES law, and have received a discharge other than
 bad conduct or dishonorable from such service,  or  (iv)  died  in  such
 service,  not  more than five years prior to the time of application for
 admission to such project, and
   § 76. The opening paragraph and paragraph  (d)  of  subdivision  1  of
 section  2632 of the public health law, as amended by chapter 490 of the
 laws of 2019, are amended to read as follows:
   Every veteran of the armed forces of the United States,  who  (i)  (A)
 was  separated or discharged under honorable conditions after serving on
 active duty therein for a period of not less than thirty  days,  or  (B)
 has  a qualifying condition, as defined in section [three hundred fifty]
 ONE of the [executive]  VETERANS'  SERVICES  law,  and  has  received  a
 discharge other than bad conduct or dishonorable after serving on active
 duty  therein  for  a  period  of not less than thirty days, or (C) is a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of the [executive] VETERANS' SERVICES law, and has received a  discharge
 other  than  bad  conduct  or  dishonorable after serving on active duty
 therein for a period of not less than thirty days, or (ii) (A) was sepa-
 rated or discharged under honorable conditions after serving  on  active
 duty  therein  for  a  period  of not less than thirty days or (B) has a
 qualifying condition, as defined in section [three hundred fifty] ONE of
 the [executive] VETERANS' SERVICES law, and  has  received  a  discharge
 other  than  bad  conduct  or  dishonorable after serving on active duty
 therein for a period  of  not  less  than  thirty  days,  or  (C)  is  a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable  after  serving  on  active  duty
 therein for a period of not less than thirty days, and who was a recipi-
 ent of the armed forces expeditionary medal, navy expeditionary medal or
 marine  corps  expeditionary  medal  for  participation in operations in
 Lebanon from June  first,  nineteen  hundred  eighty-three  to  December
 first,  nineteen  hundred  eighty-seven, in Grenada from October twenty-
 third, nineteen hundred eighty-three to November twenty-first,  nineteen
 hundred  eighty-three,  or  in  Panama from December twentieth, nineteen
 hundred eighty-nine to January thirty-first, nineteen hundred ninety, or
 in Bosnia and Herzgegovina from November twenty-first, nineteen  hundred
 ninety-five to November first, two thousand seven, or was a recipient of
 the Kosovo campaign medal or (iii) (A) was separated or discharged under
 honorable  conditions  after serving on active duty therein for a period
 of not less than thirty days or  (B)  has  a  qualifying  condition,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 or dishonorable after serving on active duty therein for a period of not
 less  than  thirty days, or (C) is a discharged LGBT veteran, as defined
 in section [three  hundred  fifty]  ONE  of  the  [executive]  VETERANS'
 SERVICES  law,  and  has  received a discharge other than bad conduct or
 dishonorable after serving on active duty therein for a  period  of  not
 less  than  thirty  days,  and  who  served  during the period of actual
 hostilities of either
   (d) world war II between December seventh, nineteen hundred  forty-one
 and  December  thirty-first, nineteen hundred forty-six, both inclusive,
 or who was employed by the War  Shipping  Administration  or  Office  of
 S. 8006--C                         134                        A. 9006--C
 
 Defense  Transportation  or their agents as a merchant seaman documented
 by the United States Coast Guard or Department  of  Commerce,  or  as  a
 civil  servant  employed  by  the  United  States Army Transport Service
 (later  redesignated  as  the  United  States Army Transportation Corps,
 Water Division) or the Naval  Transportation  Service;  and  who  served
 satisfactorily  as  a  crew  member during the period of armed conflict,
 December seventh, nineteen hundred forty-one, to August fifteenth, nine-
 teen hundred forty-five, aboard merchant vessels  in  oceangoing,  i.e.,
 foreign,  intercoastal,  or  coastwise service as such terms are defined
 under federal law (46 USCA 10301 & 10501) and further to  include  "near
 foreign"  voyages  between  the United States and Canada, Mexico, or the
 West Indies via ocean routes, or public vessels in oceangoing service or
 foreign waters  and  who  has  received  a  Certificate  of  Release  or
 Discharge  from Active Duty and a discharge certificate, or an Honorable
 Service Certificate/Report of Casualty, from the Department of  Defense,
 or who served as a United States civilian employed by the American Field
 Service and served overseas under United States Armies and United States
 Army  Groups in world war II during the period of armed conflict, Decem-
 ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
 hundred  forty-five,  and  who  (i) was discharged or released therefrom
 under honorable conditions, or  (ii)  has  a  qualifying  condition,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 or  dishonorable from such service, or (iii) is a discharged LGBT veter-
 an, as defined in section [three hundred fifty] ONE of  the  [executive]
 VETERANS'  SERVICES  law,  and  has  received a discharge other than bad
 conduct or dishonorable from such service, or who  served  as  a  United
 States  civilian Flight Crew and Aviation Ground Support Employee of Pan
 American World Airways or one of its subsidiaries or its affiliates  and
 served  overseas  as a result of Pan American's contract with Air Trans-
 port Command or Naval Air Transport Service during the period  of  armed
 conflict, December fourteenth, nineteen hundred forty-one through August
 fourteenth,  nineteen hundred forty-five, and who (iv) was discharged or
 released therefrom under honorable conditions, or (v) has  a  qualifying
 condition, as defined in section [three hundred fifty] ONE of the [exec-
 utive]  VETERANS'  SERVICES law, and has received a discharge other than
 bad conduct or dishonorable from such service, or (vi) is  a  discharged
 LGBT  veteran,  as  defined  in section [three hundred fifty] ONE of the
 [executive] VETERANS' SERVICES law, and has received a  discharge  other
 than bad conduct or dishonorable from such service; or
   §  77.  Subdivision  5  of section 2805-b of the public health law, as
 amended by section 21 of part AA of chapter 56 of the laws of  2019,  is
 amended to read as follows:
   5.  The  staff of a general hospital shall: (a) inquire whether or not
 the person admitted has served in the United States armed  forces.  Such
 information  shall  be  listed  on  the  admissions form; (b) notify any
 admittee who is a veteran of the possible availability of services at  a
 hospital  operated  by the United States veterans health administration,
 and, upon request by the admittee, such staff  shall  make  arrangements
 for  the individual's transfer to a United States veterans health admin-
 istration hospital, provided, however, that transfers shall  be  author-
 ized  only  after it has been determined, according to accepted clinical
 and medical standards, that the patient's condition has  stabilized  and
 transfer  can  be  accomplished safely and without complication; and (c)
 provide any admittee who has served in the United  States  armed  forces
 with  a  copy  of  the  "Information for Veterans concerning Health Care
 S. 8006--C                         135                        A. 9006--C
 
 Options" fact sheet, maintained by the [division] DEPARTMENT  of  veter-
 ans'  services  pursuant  to  subdivision  [twenty-three] TWENTY-NINE of
 section [three hundred fifty-three] FOUR of  the  [executive]  VETERANS'
 SERVICES  law  prior  to  discharging  or  transferring the patient. The
 commissioner shall promulgate rules and regulations for  notifying  such
 admittees  of  possible available services and for arranging a requested
 transfer.
   § 78. Subdivision 2 of section 2805-o of the  public  health  law,  as
 amended  by  chapter  75  of  the  laws  of  2022, is amended to read as
 follows:
   2. Every nursing home, residential  health  care  facility  and  every
 adult care facility licensed and certified by the department pursuant to
 title  two of article seven of the social services law or article forty-
 six-B of this chapter,  including  all  adult  homes,  enriched  housing
 programs,  residences for adults, assisted living programs, and assisted
 living residences shall in writing advise  all  individuals  identifying
 themselves  as  veterans  or  spouses  of  veterans  that the [division]
 DEPARTMENT of veterans' services and local  veterans'  service  agencies
 established  pursuant to section [three hundred fifty-seven] FOURTEEN of
 the [executive] VETERANS' SERVICES law to provide assistance to veterans
 and their spouses regarding benefits under federal and state  law.  Such
 written information shall include the name, address and telephone number
 of  the  New York state [division] DEPARTMENT of veterans' services, the
 nearest [division] DEPARTMENT of veterans' services office, the  nearest
 county  or  city  veterans'  service  agency  and the nearest accredited
 veterans' service officer.
   § 79. Subdivision 3 of section 3422  of  the  public  health  law,  as
 amended  by  chapter  490  of  the  laws  of 2019, is amended to read as
 follows:
   3. A candidate who fails to attain a  passing  grade  on  his  OR  HER
 licensing examination is entitled to a maximum of three re-examinations;
 provided,  however,  that  if  such  candidate fails to attain a passing
 grade within three years after completion of his OR HER training, he  OR
 SHE  must  requalify  in  accordance  with  the provisions of the public
 health law and rules and regulations promulgated thereunder existing and
 in force as of the date of subsequent application for licensing examina-
 tion, except that a satisfactorily completed required  course  of  study
 need  not  be recompleted. A candidate inducted into the armed forces of
 the United States during or after completion of training may  (a)  after
 honorable  discharge  or (b) after a discharge other than bad conduct or
 dishonorable where the candidate (i)  has  a  qualifying  condition,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, or (ii) is a discharged LGBT veteran, as  defined  in
 section  [three hundred fifty] ONE of the [executive] VETERANS' SERVICES
 law, and upon proper application as required by the department be eligi-
 ble for an exemption with respect to time served in such service.
   § 80. Section 63 of the public officers law, as amended by chapter 606
 of the laws of 2021, is amended to read as follows:
   § 63. Leave of absence for veterans on Memorial day and Veterans' day.
 It shall be the duty of the head of every public department and of every
 court of the state of New York, of every superintendent  or  foreman  on
 the  public  works  of said state, of the county officers of the several
 counties of said state, of the town officers of  the  various  towns  in
 this  state, of the fire district officers of the various fire districts
 in this state, and of the head of every department, bureau and office in
 the government of the various cities and villages in this state, and the
 S. 8006--C                         136                        A. 9006--C
 
 officers of any public benefit corporation or any  public  authority  of
 this  state, or of any public benefit corporation or public authority of
 any county or subdivision of this state, to give leave of  absence  with
 pay for twenty-four hours on the day prescribed by law as a public holi-
 day for the observance of Memorial day and on the eleventh day of Novem-
 ber,  known  as  Veterans'  day,  to  every person in the service of the
 state, the county, the town, the fire district, the city or village, the
 public benefit corporation or public authority of  this  state,  or  any
 public benefit corporation or public authority of any county or subdivi-
 sion of this state, as the case may be, (i) who served on active duty in
 the  armed  forces  of the United States during world war I or world war
 II, or who was employed by the War Shipping Administration or Office  of
 Defense  Transportation  or their agents as a merchant seaman documented
 by the United States Coast Guard or Department  of  Commerce,  or  as  a
 civil  servant  employed  by  the  United  States Army Transport Service
 (later redesignated as the  United  States  Army  Transportation  Corps,
 Water  Division)  or  the  Naval  Transportation Service; and who served
 satisfactorily as a crew member during the  period  of  armed  conflict,
 December seventh, nineteen hundred forty-one, to August fifteenth, nine-
 teen  hundred  forty-five,  aboard merchant vessels in oceangoing, i.e.,
 foreign, intercoastal, or coastwise service as such  terms  are  defined
 under  federal  law (46 USCA 10301 & 10501) and further to include "near
 foreign" voyages between the United States and Canada,  Mexico,  or  the
 West Indies via ocean routes, or public vessels in oceangoing service or
 foreign  waters  and  who  has  received  a  Certificate  of  Release or
 Discharge from Active Duty and a discharge certificate, or an  Honorable
 Service  Certificate/Report of Casualty, from the Department of Defense,
 or who served as a United States civilian employed by the American Field
 Service and served overseas under United States Armies and United States
 Army Groups in world war II during the period of armed conflict,  Decem-
 ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
 hundred forty-five, and who (a) was  discharged  or  released  therefrom
 under  honorable  conditions,  or  (b)  has  a  qualifying condition, as
 defined in section [three hundred fifty] ONE of the  [executive]  VETER-
 ANS'  SERVICES  law, and has received a discharge other than bad conduct
 or dishonorable from such service, or (c) is a discharged LGBT  veteran,
 as  defined  in  section  [three  hundred  fifty] ONE of the [executive]
 VETERANS' SERVICES law, and has received  a  discharge  other  than  bad
 conduct  or  dishonorable  from  such  service or who served as a United
 States civilian Flight Crew and Aviation Ground Support Employee of  Pan
 American  World Airways or one of its subsidiaries or its affiliates and
 served overseas as a result of Pan American's contract with  Air  Trans-
 port  Command  or Naval Air Transport Service during the period of armed
 conflict, December fourteenth, nineteen hundred forty-one through August
 fourteenth, nineteen hundred forty-five, and who (d) was  discharged  or
 released  therefrom  under honorable conditions, or (e) has a qualifying
 condition, as defined in section [three hundred fifty] ONE of the [exec-
 utive] VETERANS' SERVICES law, and has received a discharge  other  than
 bad  conduct  or  dishonorable from such service, or (f) is a discharged
 LGBT veteran, as defined in section [three hundred  fifty]  ONE  of  the
 [executive]  VETERANS'  SERVICES law, and has received a discharge other
 than bad conduct or dishonorable from such service or during the  period
 of the Korean conflict at any time between the dates of June twenty-sev-
 enth,  nineteen hundred fifty and January thirty-first, nineteen hundred
 fifty-five, or during the period of the Vietnam conflict from the [twen-
 ty-eighth day of February, nineteen  hundred  sixty-one]  FIRST  DAY  OF
 S. 8006--C                         137                        A. 9006--C
 
 NOVEMBER,  NINETEEN  HUNDRED FIFTY-FIVE to the seventh day of May, nine-
 teen hundred seventy-five, or (ii) who served  on  active  duty  in  the
 armed  forces  of the United States and who was a recipient of the armed
 forces  expeditionary  medal,  navy  expeditionary medal or marine corps
 expeditionary medal for participation in operations in Lebanon from June
 first, nineteen hundred eighty-three to December first, nineteen hundred
 eighty-seven, in Grenada from  October  twenty-third,  nineteen  hundred
 eighty-three to November twenty-first, nineteen hundred eighty-three, or
 in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
 ary  thirty-first,  nineteen  hundred ninety, or (iii) who served in the
 armed forces of a foreign country allied with the United  States  during
 world war I or world war II, or during the period of the Korean conflict
 at  any  time  between  June  twenty-seventh, nineteen hundred fifty and
 January thirty-first, nineteen hundred fifty-five, or during the  period
 of the Vietnam conflict from the first day of November, nineteen hundred
 fifty-five  to the seventh day of May, nineteen hundred seventy-five, or
 during the period of the Persian Gulf conflict from the  second  day  of
 August,  nineteen  hundred  ninety  to  the end of such conflict, or who
 served on active duty in the army or navy or marine corps or  air  force
 or  coast  guard  of  the  United  States,  and  who  (a)  was honorably
 discharged or separated from such service under honorable conditions, or
 (b) has a qualifying condition, as defined  in  section  [three  hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge  other  than bad conduct or dishonorable from such service, or
 (c) is a discharged LGBT veteran, as defined in section  [three  hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge  other  than  bad  conduct  or  dishonorable from such service
 except where such action would endanger the public safety or the  safety
 or health of persons cared for by the state, in which event such persons
 shall  be  entitled  to leave of absence with pay on another day in lieu
 thereof. All such persons who are compensated on  a  per  diem,  hourly,
 semi-monthly  or  monthly basis, with or without maintenance, shall also
 be entitled to leave of absence with pay under the  provisions  of  this
 section  and  no  deduction in vacation allowance or budgetary allowable
 number of working days shall be made in lieu thereof. A refusal to  give
 such leave of absence to one entitled thereto shall be neglect of duty.
   §  81.  Subdivision  3  of section 1271 of the private housing finance
 law, as amended by chapter 490 of the laws of 2019, is amended  to  read
 as follows:
   3.  "Veteran"  shall mean [a resident of this state who (a) has served
 in the United States army, navy, marine corps, air force or coast  guard
 or (b) has served on active duty or ordered to active duty as defined in
 10  USC  101  (d)(1)  as a member of the national guard or other reserve
 component of the armed forces of the United States or (c) has served  on
 active  duty or ordered to active duty for the state, as a member of the
 state organized militia as defined in subdivision nine of section one of
 the military law, and has been released from such service documented  by
 an  honorable  or  general  discharge, or has a qualifying condition, as
 defined in section three hundred fifty of the  executive  law,  and  has
 received  a  discharge  other than bad conduct or dishonorable from such
 service] A VETERAN AS DEFINED IN SECTION ONE OF THE  VETERANS'  SERVICES
 LAW,  or  is  a  discharged  LGBT  veteran, as defined in section [three
 hundred fifty] ONE of the [executive] VETERANS' SERVICES law, WHO  IS  A
 RESIDENT  OF  THE  STATE  and  has  received  a discharge other than bad
 conduct or dishonorable from such service.
 S. 8006--C                         138                        A. 9006--C
 
   § 82. Subdivisions 2 and 4-a of section 458 of the real  property  tax
 law,  as amended by chapter 490 of the laws of 2019, are amended to read
 as follows:
   2.   Real   property   purchased  with  moneys  collected  by  popular
 subscription in partial recognition of extraordinary  services  rendered
 by  any  veteran  of world war one, world war two, or of the hostilities
 which commenced June twenty-seventh, nineteen hundred fifty, who (a) was
 honorably discharged from such service, or (b) has a  qualifying  condi-
 tion, as defined in section [three hundred fifty] ONE of the [executive]
 VETERANS'  SERVICES  law,  and  has  received a discharge other than bad
 conduct or dishonorable from such service, or (c) is a  discharged  LGBT
 veteran,  as defined in section [three hundred fifty] ONE of the [execu-
 tive] VETERANS' SERVICES law, and has received a  discharge  other  than
 bad  conduct or dishonorable from such service, and who sustained perma-
 nent disability while on military duty, either  total  or  partial,  and
 owned by the person who sustained such injuries, or by his or her spouse
 or  unremarried  surviving  spouse,  or  dependent  father or mother, is
 subject to taxation as herein provided. Such property shall be  assessed
 in  the  same  manner as other real property in the tax district. At the
 meeting of the assessors to hear complaints concerning the  assessments,
 a  verified  application  for  the  exemption of such real property from
 taxation may be presented to them by or on behalf of the owner  thereof,
 which application must show the facts on which the exemption is claimed,
 including  the  amount  of  moneys  so  raised and used in or toward the
 purchase of such property. No exemption on  account  of  any  such  gift
 shall be allowed in excess of five thousand dollars. The application for
 exemption  shall  be  presented  and  action thereon taken in the manner
 provided by subdivision one of  this  section.  If  no  application  for
 exemption  be granted, the property shall be subject to taxation for all
 purposes.  The  provisions  herein,  relating  to  the  assessment   and
 exemption   of   property   purchased  with  moneys  raised  by  popular
 subscription, apply and shall be enforced in each municipal  corporation
 authorized to levy taxes.
   4-a.  For  the  purposes  of this section, the term "military or naval
 services" shall be deemed to also include service: (a) by a  person  who
 was  employed  by  the  War Shipping Administration or Office of Defense
 Transportation or their agents as a merchant seaman  documented  by  the
 United States Coast Guard or Department of Commerce, or as a civil serv-
 ant employed by the United States Army Transport Service (later redesig-
 nated as the United States Army Transportation Corps, Water Division) or
 the  Naval  Transportation  Service;  and who served satisfactorily as a
 crew member during the period of armed conflict, December seventh, nine-
 teen hundred forty-one, to August  fifteenth,  nineteen  hundred  forty-
 five,  aboard  merchant  vessels  in  oceangoing,  i.e., foreign, inter-
 coastal, or coastwise service as such terms are  defined  under  federal
 law  (46  USCA  10301  &  10501)  and  further to include "near foreign"
 voyages between the United States and Canada, Mexico, or the West Indies
 via ocean routes, or public vessels in  oceangoing  service  or  foreign
 waters  and  who has received a Certificate of Release or Discharge from
 Active Duty  and  a  discharge  certificate,  or  an  Honorable  Service
 Certificate/Report  of  Casualty,  from  the  department of defense; (b)
 service by a United States  civilian  employed  by  the  American  Field
 Service who served overseas under United States Armies and United States
 Army  Groups in world war II during the period of armed conflict, Decem-
 ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
 hundred  forty-five,  and  who  (i) was discharged or released therefrom
 S. 8006--C                         139                        A. 9006--C
 under honorable conditions, or  (ii)  has  a  qualifying  condition,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 or  dishonorable from such service, or (iii) is a discharged LGBT veter-
 an, as defined in section [three hundred fifty] ONE of  the  [executive]
 VETERANS'  SERVICES  law,  and  has  received a discharge other than bad
 conduct or dishonorable from such service; or (c) service  by  a  United
 States  civilian Flight Crew and Aviation Ground Support Employee of Pan
 American World Airways or one of its subsidiaries or its affiliates  who
 served  overseas  as a result of Pan American's contract with Air Trans-
 port Command or Naval Air Transport Service during the period  of  armed
 conflict, December fourteenth, nineteen hundred forty-one through August
 fourteenth,  nineteen  hundred forty-five, and who (i) was discharged or
 released therefrom under honorable conditions, or (ii) has a  qualifying
 condition, as defined in section [three hundred fifty] ONE of the [exec-
 utive]  VETERANS'  SERVICES law, and has received a discharge other than
 bad conduct or dishonorable from such service, or (iii) is a  discharged
 LGBT  veteran,  as  defined  in section [three hundred fifty] ONE of the
 [executive] VETERANS' SERVICES law, and has received a  discharge  other
 than bad conduct or dishonorable from such service.
   §  83.  Paragraph  (e)  of  subdivision 1 and subdivisions 9 and 10 of
 section 458-a of the real property tax law, paragraph (e) of subdivision
 1 and subdivision 10 as amended by chapter 490  of  the  laws  of  2019,
 subdivision  9  as amended by section 36 of part AA of chapter 56 of the
 laws of 2019, are amended to read as follows:
   (e) "Veteran" means a person (i) who served in  the  active  military,
 naval,  or air service during a period of war, or who was a recipient of
 the armed forces expeditionary medal, navy expeditionary  medal,  marine
 corps  expeditionary  medal,  or  global  war on terrorism expeditionary
 medal, and who (1) was discharged or released therefrom under  honorable
 conditions,  or  (2)  has  a qualifying condition, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has received a discharge other than bad  conduct  or  dishonorable  from
 such service, or (3) is a discharged LGBT veteran, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has  received  a  discharge  other than bad conduct or dishonorable from
 such service, (ii) who was employed by the War  Shipping  Administration
 or Office of Defense Transportation or their agents as a merchant seaman
 documented  by  the United States Coast Guard or Department of Commerce,
 or as a civil servant employed  by  the  United  States  Army  Transport
 Service  (later  redesignated  as  the United States Army Transportation
 Corps, Water Division) or the  Naval  Transportation  Service;  and  who
 served  satisfactorily  as  a  crew  member  during  the period of armed
 conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
 fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in
 oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such
 terms  are defined under federal law (46 USCA 10301 & 10501) and further
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the department of
 defense, (iii) who served as a United States civilian  employed  by  the
 American  Field  Service  and served overseas under United States Armies
 and United States Army Groups in world war II during the period of armed
 conflict, December  seventh,  nineteen  hundred  forty-one  through  May
 S. 8006--C                         140                        A. 9006--C
 
 eighth,  nineteen  hundred  forty-five,  and  who  (1) was discharged or
 released therefrom under honorable conditions, or (2) has  a  qualifying
 condition, as defined in section [three hundred fifty] ONE of the [exec-
 utive]  VETERANS'  SERVICES law, and has received a discharge other than
 bad conduct or dishonorable from such service, or (3)  is  a  discharged
 LGBT  veteran,  as  defined  in section [three hundred fifty] ONE of the
 [executive] VETERANS' SERVICES law, and has received a  discharge  other
 than bad conduct or dishonorable from such service, (iv) who served as a
 United  States civilian Flight Crew and Aviation Ground Support Employee
 of Pan American World Airways or one of its subsidiaries or  its  affil-
 iates  and  served  overseas as a result of Pan American's contract with
 Air Transport Command or Naval Air Transport Service during  the  period
 of  armed  conflict,  December  fourteenth,  nineteen  hundred forty-one
 through August fourteenth, nineteen hundred forty-five, and who (1)  was
 discharged  or released therefrom under honorable conditions, or (2) has
 a qualifying condition, as defined in section [three hundred fifty]  ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service, or  (3)  is  a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad  conduct  or  dishonorable  from  such  service,  or  (v)
 notwithstanding  any  other  provision  of  law to the contrary, who are
 members of the reserve components of the  armed  forces  of  the  United
 States  who  (1)  received  an  honorable discharge or release therefrom
 under honorable conditions,  or  (2)  has  a  qualifying  condition,  as
 defined  in  section [three hundred fifty] ONE of the [executive] VETER-
 ANS' SERVICES law, and has received a discharge other than  bad  conduct
 or  dishonorable from such service, or (3) is a discharged LGBT veteran,
 as defined in section [three  hundred  fifty]  ONE  of  the  [executive]
 VETERANS'  SERVICES  law,  and  has  received a discharge other than bad
 conduct or dishonorable from such service, but are still members of  the
 reserve  components  of  the  armed forces of the United States provided
 that such members meet all other qualifications under the provisions  of
 this section.
   9.  The commissioner shall develop in consultation with the [director]
 COMMISSIONER of the New York state [division]  DEPARTMENT  of  veterans'
 services  a  listing  of  documents  to be used to establish eligibility
 under this section, including  but  not  limited  to  a  certificate  of
 release  or discharge from active duty also known as a DD-214 form or an
 Honorable Service Certificate/Report of [Causality]  CASUALTY  from  the
 department  of defense. Such information shall be made available to each
 county, city, town or village assessor's office, or congressional  char-
 tered  veterans service officers who request such information. The list-
 ing of acceptable military records shall be made available on the inter-
 net websites of the [division] DEPARTMENT of veterans' services and  the
 office of real property tax services.
   10. A county, city, town, village or school district may adopt a local
 law  or resolution to include those military personnel who served in the
 Reserve component of the United States Armed Forces that were deemed  on
 active duty under Executive Order 11519 signed March twenty-third, nine-
 teen  hundred  seventy,  35  Federal  Register 5003, dated March twenty-
 fourth, nineteen hundred seventy and  later  designated  by  the  United
 States  Department  of Defense as Operation Graphic Hand, if such member
 (1) was discharged or released therefrom under honorable conditions,  or
 (2)  has  a  qualifying  condition, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 S. 8006--C                         141                        A. 9006--C
 
 discharge other than bad conduct or dishonorable from such  service,  or
 (3)  is  a discharged LGBT veteran, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge  other  than  bad  conduct  or dishonorable from such service,
 provided that such  veteran  meets  all  other  qualifications  of  this
 section.
   §  84.  Paragraph  (a)  of  subdivision 1 and subdivision 8 of section
 458-b of the real property tax law, paragraph (a) of  subdivision  1  as
 amended  by chapter 490 of the laws of 2019, subdivision 8 as amended by
 section 37 of part AA of chapter 56 of the laws of 2019, are amended  to
 read as follows:
   (a)  "Cold  War veteran" means a person, male or female, who served on
 active duty in the United States armed forces, during  the  time  period
 from  September  second, nineteen hundred forty-five to December twenty-
 sixth, nineteen hundred ninety-one, and (i) was discharged  or  released
 therefrom  under  honorable  conditions, or (ii) has a qualifying condi-
 tion, as defined in section [three hundred fifty] ONE of the [executive]
 VETERANS' SERVICES law, and has received  a  discharge  other  than  bad
 conduct or dishonorable from such service, or (iii) is a discharged LGBT
 veteran,  as defined in section [three hundred fifty] ONE of the [execu-
 tive] VETERANS' SERVICES law, and has received a  discharge  other  than
 bad conduct or dishonorable from such service.
   8.  The commissioner shall develop in consultation with the [director]
 COMMISSIONER of the New York state [division]  DEPARTMENT  of  veterans'
 services  a  listing  of  documents  to be used to establish eligibility
 under this section, including  but  not  limited  to  a  certificate  of
 release  or discharge from active duty also known as a DD-214 form or an
 Honorable Service Certificate/Report of [Causality]  CASUALTY  from  the
 department  of defense. Such information shall be made available to each
 county, city, town or village assessor's office, or congressional  char-
 tered  veterans service officers who request such information. The list-
 ing of acceptable military records shall be made available on the inter-
 net websites of the [division] DEPARTMENT of veterans' services and  the
 office of real property tax services.
   §  85.  Subparagraph  (v) of paragraph (a) of subdivision 1 of section
 122 of the social services law, as amended by chapter 490 of the laws of
 2019, is amended to read as follows:
   (v) any alien lawfully residing in the state who is on active duty  in
 the  armed  forces  (other than active duty for training) or who (1) has
 received an honorable discharge (and not on account  of  alienage)  from
 the  armed  forces,  or  (2)  has  a qualifying condition, as defined in
 section [three hundred fifty] ONE of the [executive] VETERANS'  SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 (and  not  on  account  of  alienage) from the armed forces, or (3) is a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of the [executive] VETERANS' SERVICES law, and has received a  discharge
 other  than bad conduct or dishonorable (and not on account of alienage)
 from the armed forces, or the spouse, unremarried  surviving  spouse  or
 unmarried  dependent  child  of any such alien, if such alien, spouse or
 dependent child is a qualified alien as defined in section  431  of  the
 federal  personal responsibility and work opportunity reconciliation act
 of 1996 (8 U.S. Code 1641), as amended;
   § 86. Subdivision 1 and paragraph 5 of subdivision 2 of section 168 of
 the social services law, as amended by chapter 490 of the laws of  2019,
 are amended to read as follows:
 S. 8006--C                         142                        A. 9006--C
 
   1. Veteran means a person, male or female, who has served in the armed
 forces  of  the  United States in time of war, or who was a recipient of
 the armed forces expeditionary medal, navy expeditionary medal or marine
 corps expeditionary medal for participation  in  operations  in  Lebanon
 from  June first, nineteen hundred eighty-three to December first, nine-
 teen hundred eighty-seven, in Grenada from October  twenty-third,  nine-
 teen  hundred  eighty-three  to  November twenty-first, nineteen hundred
 eighty-three, or in Panama from  December  twentieth,  nineteen  hundred
 eighty-nine  to  January  thirty-first, nineteen hundred ninety, and who
 (1) has been honorably discharged or released  under  honorable  circum-
 stances  from  such  service  or furloughed to the reserve, or (2) has a
 qualifying condition, as defined in section [three hundred fifty] ONE of
 the [executive] VETERANS' SERVICES law, and  has  received  a  discharge
 other  than  bad  conduct or dishonorable from such service, or (3) is a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of the [executive] VETERANS' SERVICES law, and has received a  discharge
 other than bad conduct or dishonorable from such service.
   (5)  World  war II; from the seventh day of December, nineteen hundred
 forty-one to and including the thirty-first day  of  December,  nineteen
 hundred  forty-six,  or  who  was  employed by the War Shipping Adminis-
 tration or Office  of  Defense  Transportation  or  their  agents  as  a
 merchant  seaman  documented by the United States Coast Guard or Depart-
 ment of Commerce, or as a civil servant employed by  the  United  States
 Army  Transport  Service  (later  redesignated as the United States Army
 Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od  of  armed conflict, December seventh, nineteen hundred forty-one, to
 August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms  are defined under federal law (46 USCA 10301 & 10501) and further
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense or who served as a United States civilian employed by the Ameri-
 can Field Service and served overseas under  United  States  Armies  and
 United  States  Army  Groups  in world war II during the period of armed
 conflict, December  seventh,  nineteen  hundred  forty-one  through  May
 eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or
 released therefrom under honorable conditions, or (ii) has a  qualifying
 condition, as defined in section [three hundred fifty] ONE of the [exec-
 utive]  VETERANS'  SERVICES law, and has received a discharge other than
 bad conduct or dishonorable from such service, or (iii) is a  discharged
 LGBT  veteran,  as  defined  in section [three hundred fifty] ONE of the
 [executive] VETERANS' SERVICES law, and has received a  discharge  other
 than  bad  conduct or dishonorable from such service, or who served as a
 United States civilian Flight Crew and Aviation Ground Support  Employee
 of  Pan  American World Airways or one of its subsidiaries or its affil-
 iates and served overseas as a result of Pan  American's  contract  with
 Air  Transport  Command or Naval Air Transport Service during the period
 of armed  conflict,  December  fourteenth,  nineteen  hundred  forty-one
 through August fourteenth, nineteen hundred forty-five, and who (iv) was
 discharged  or released therefrom under honorable conditions, or (v) has
 a qualifying condition, as defined in section [three hundred fifty]  ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 S. 8006--C                         143                        A. 9006--C
 
 other than bad conduct or dishonorable from such service, or (vi)  is  a
 discharged LGBT veteran, as defined in section [three hundred fifty] ONE
 of  the [executive] VETERANS' SERVICES law, and has received a discharge
 other than bad conduct or dishonorable from such service.
   §  87.  Subparagraph  1  of paragraph (b) of subdivision 29 of section
 210-B of the tax law, as amended by chapter 490 of the laws of 2019,  is
 amended to read as follows:
   (1)  who  served  on  active duty in the United States army, navy, air
 force, marine corps, coast guard or the reserves thereof, or who  served
 in  active military service of the United States as a member of the army
 national guard, air national guard, New York guard  or  New  York  naval
 militia;  who (i) was released from [active duty by general or honorable
 discharge] SUCH SERVICE after September eleventh, two thousand  one,  or
 (ii)  has  a  qualifying condition, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such service after
 September eleventh, two thousand one, or  (iii)  is  a  discharged  LGBT
 veteran,  as defined in section [three hundred fifty] ONE of the [execu-
 tive] VETERANS' SERVICES law, and has received a  discharge  other  than
 bad  conduct or dishonorable from such service after September eleventh,
 two thousand one;
   § 88. Subparagraph (A) of paragraph 2 of subsection (a-2)  of  section
 606  of  the  tax law, as amended by chapter 490 of the laws of 2019, is
 amended to read as follows:
   (A) who served on active duty in the United  States  army,  navy,  air
 force,  marine corps, coast guard or the reserves thereof, or who served
 in active military service of the United States as a member of the  army
 national  guard,  air  national  guard, New York guard or New York naval
 militia; who (i) was released from active duty by general  or  honorable
 discharge  after  September  eleventh,  two  thousand one, or (ii) has a
 qualifying condition, as defined in section [three hundred fifty] ONE of
 the [executive] VETERANS' SERVICES law, and  has  received  a  discharge
 other than bad conduct or dishonorable from such service after September
 eleventh,  two  thousand  one, or (iii) is a discharged LGBT veteran, as
 defined in section [three hundred fifty] ONE of the  [executive]  VETER-
 ANS'  SERVICES  law, and has received a discharge other than bad conduct
 or dishonorable from such service after September eleventh, two thousand
 one;
   § 89. Paragraph 18-a of subdivision (a) of section  1115  of  the  tax
 law,  as added by chapter 478 of the laws of 2016, is amended to read as
 follows:
   (18-a) Tangible personal property manufactured and sold by a  veteran,
 as  defined  in  section  [three  hundred  sixty-four] TWENTY-TWO of the
 [executive] VETERANS' SERVICES law,  for  the  benefit  of  a  veteran's
 service  organization, provided that such person or any member of his or
 her household does not conduct a trade  or  business  in  which  similar
 items  are sold, the first two thousand five hundred dollars of receipts
 from such sales in a calendar year.
   § 90. Subparagraph (A) of paragraph 2 of subdivision (g-1) of  section
 1511  of  the tax law, as amended by chapter 490 of the laws of 2019, is
 amended to read as follows:
   (A) who served on active duty in the United  States  army,  navy,  air
 force,  marine corps, coast guard or the reserves thereof, or who served
 in active military service of the United States as a member of the  army
 national  guard,  air  national  guard, New York guard or New York naval
 militia; who (i) was released from active duty by general  or  honorable
 S. 8006--C                         144                        A. 9006--C
 
 discharge  after  September  eleventh,  two  thousand one, or (ii) has a
 qualifying condition, as defined in section [three hundred fifty] ONE of
 the [executive] VETERANS' SERVICES law, and  has  received  a  discharge
 other than bad conduct or dishonorable from such service after September
 eleventh,  two  thousand  one, or (iii) is a discharged LGBT veteran, as
 defined in section [three hundred fifty] ONE of the  [executive]  VETER-
 ANS'  SERVICES  law, and has received a discharge other than bad conduct
 or dishonorable from such service after September eleventh, two thousand
 one;
   § 91. Section 295 of the town law, as amended by chapter  490  of  the
 laws of 2019, is amended to read as follows:
   §  295. Removal of remains of deceased members of armed forces. Upon a
 verified petition presented to a judge of a court of record by any armed
 forces' organization in any town or city in this state by a majority  of
 its  officers,  or  a  majority of any memorial committee in any town or
 city where there are two or more veteran armed forces' organizations, or
 in towns or cities where there are no veteran  armed  forces'  organiza-
 tions,  upon  the petition of five or more veterans of the armed forces,
 the judge to whom said verified petition  is  presented  shall  make  an
 order  to  show  cause, returnable before him OR HER at a time and place
 within the county in not less than fourteen or  more  than  twenty  days
 from  the  date of presentation of said petition, why the remains of any
 deceased members of the armed forces buried in potter's field, or in any
 neglected or abandoned cemeteries, should not be removed  to  and  rein-
 terred in a properly kept incorporated cemetery in the same town or city
 or  in  a  town  adjoining  the  town  or city in which the remains of a
 deceased member of the armed forces are buried, and to fix the amount of
 the expenses for such removal and reinterment, and  the  order  to  show
 cause shall provide for its publication in a newspaper, to be designated
 in  the order, which is published nearest to the cemetery from which the
 removal is sought to be made, once  in  each  week  for  two  successive
 weeks.  The verified petition presented to the judge shall show that the
 petitioners are a majority of the officers of  a  veteran  armed  forces
 organization,  or  a majority of a memorial committee in towns or cities
 where two or more veteran armed forces organizations exist, or that  the
 petitioners  are  honorably  discharged  veterans of the armed forces in
 towns or cities where no veteran armed forces  organization  exists,  or
 that  the petitioners have a qualifying condition, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 received a discharge other than bad conduct or  dishonorable  from  such
 service  and are in towns or cities where no veteran armed forces organ-
 izations exist, or that the petitioners are discharged LGBT veterans, as
 defined in section [three hundred fifty] ONE of the  [executive]  VETER-
 ANS'  SERVICES  law,  and received a discharge other than bad conduct or
 dishonorable from such service and are in  towns  and  cities  where  no
 veteran  armed  forces  organizations  exist,  and  (1)  the name of the
 deceased member or members of the armed forces, whose remains are sought
 to be removed, and if known the unit in which he, SHE  or  they  served;
 (2) the name and location of the cemetery in which he OR SHE is interred
 and from which removal is asked to be made; (3) the name and location of
 the incorporated cemetery to which the remains are desired to be removed
 and reinterred; (4) the facts showing the reasons for such removal. Upon
 the  return  day  of  the  order to show cause and at the time and place
 fixed in said order, upon filing proof of publication of  the  order  to
 show  cause  with  the judge, if no objection is made thereto, he OR SHE
 shall make an order  directing  the  removal  of  the  remains  of  said
 S. 8006--C                         145                        A. 9006--C
 
 deceased  member  or  members of the armed forces to the cemetery desig-
 nated in the petition within the town or city or within a town adjoining
 the town or city in which the remains are then buried and shall  specify
 in  the order the amount of the expenses of such removal, which expenses
 of removal and reinterment, including  the  expense  of  the  proceeding
 under  this section, shall be a charge upon the county in which the town
 or city is situated from which the removal is  made  and  such  expenses
 shall  be a county charge and audited by the board of supervisors of the
 county and paid in the same manner as other county charges. On and after
 the removal and reinterment of the remains of  the  deceased  member  or
 members  of the armed forces in the armed forces' plot, the expenses for
 annual care of the grave in the armed forces' burial plot to  which  the
 removal  is made shall be annually provided by the town or city in which
 the remains were originally buried, at the rate of not to exceed  twenty
 dollars  per grave, and shall be paid annually to the incorporated ceme-
 tery association to which the remains of each  deceased  member  of  the
 armed forces may be removed and reinterred. The petition and order shall
 be filed in the county clerk's office of the county in which the remains
 of the deceased member of the armed forces were originally interred, and
 the  service  of  a  certified copy of the final order upon the cemetery
 association shall be made prior to any  removal.  Any  relative  of  the
 deceased  member  or  members of the armed forces, or the officer of any
 cemetery association in which the remains  of  the  deceased  member  or
 members of the armed forces were originally interred, or the authorities
 of  the  county  in which the member or members of the armed forces were
 originally buried, may oppose the granting of said order and  the  judge
 shall summarily hear the statement of the parties and make such order as
 the  justice  and equity of the application shall require. Any headstone
 or monument which marks the grave of the deceased member  of  the  armed
 forces  shall be removed and reset at the grave in the cemetery in which
 the removal is permitted to be made and in each  case  the  final  order
 shall  provide  the amount of the expenses of such removals and reinter-
 ment and resetting of the headstone or monument, including the  expenses
 of  the  proceedings  under this section; except that where provision is
 otherwise made for the purchase or erection of a new headstone, monument
 or marker at the grave in the cemetery to which such removal is  permit-
 ted, such old headstone or monument need not be so removed and reset, in
 which  case such final order shall not provide for the expense of reset-
 ting. The order shall designate the person or persons having  charge  of
 the  removals and reinterments. Upon completion of the removal, reinter-
 ment and resetting of the headstones or monuments, the person or persons
 having charge of the same shall make a verified report of  the  removal,
 reinterment  and  resetting  of  the  headstone or monument and file the
 report in the clerk's office of the proper county. The words "member  of
 the armed forces" shall be construed to mean a member of the armed forc-
 es  who  served in the armed forces of the United States and who (5) was
 honorably discharged from such service, or (6) has a  qualifying  condi-
 tion, as defined in section [three hundred fifty] ONE of the [executive]
 VETERANS'  SERVICES  law,  and  has  received a discharge other than bad
 conduct or dishonorable from such service, or (7) is a  discharged  LGBT
 veteran,  as defined in section [three hundred fifty] ONE of the [execu-
 tive] VETERANS' SERVICES law, and has received a  discharge  other  than
 bad  conduct  or  dishonorable  from  such service, and the words "armed
 forces plot" shall be construed to mean a plot of land in  any  incorpo-
 rated cemetery set apart to be exclusively used as a place for interring
 S. 8006--C                         146                        A. 9006--C
 
 the  remains  of  deceased  veterans  of  the armed forces of the United
 States.
   §  92.  Subdivision 2 of section 404-v of the vehicle and traffic law,
 as amended by chapter 490 of the laws of 2019, is  amended  to  read  as
 follows:
   2.  The distinctive plate authorized pursuant to this section shall be
 issued upon proof, satisfactory to the commissioner, that the  applicant
 is  a  veteran who served in the United States Naval Armed Guard and who
 (1) was honorably discharged from such service, or (2) has a  qualifying
 condition, as defined in section [three hundred fifty] ONE of the [exec-
 utive]  VETERANS'  SERVICES law, and has received a discharge other than
 bad conduct or dishonorable from such service, or (3)  is  a  discharged
 LGBT  veteran,  as  defined  in section [three hundred fifty] ONE of the
 [executive] VETERANS' SERVICES law, and has received a  discharge  other
 than bad conduct or dishonorable from such service.
   §  93.  Subdivision 3 of section 404-v of the vehicle and traffic law,
 as amended by section 19 of part AA of chapter 56 of the laws  of  2019,
 is amended to read as follows:
   3. A distinctive plate issued pursuant to this section shall be issued
 in  the same manner as other number plates upon the payment of the regu-
 lar registration fee prescribed by section  four  hundred  one  of  this
 article,  provided, however, that an additional annual service charge of
 fifteen dollars shall be charged for such  plate.  Such  annual  service
 charge  shall be deposited to the credit of the Eighth Air Force Histor-
 ical Society fund established pursuant to section ninety-five-f  of  the
 state  finance  law  and shall be used for veterans' counseling services
 provided by local veterans' service agencies pursuant to section  [three
 hundred  fifty-seven] FOURTEEN of the [executive] VETERANS' SERVICES law
 under the direction of the [division] DEPARTMENT of veterans'  services.
 Provided,  however,  that  one  year  after  the  effective date of this
 section funds in the amount of five thousand dollars, or so much thereof
 as may be available, shall be allocated  to  the  department  to  offset
 costs associated with the production of such license plates.
   §  94. Paragraphs (a) and (b) of subdivision 1 of section 404-w of the
 vehicle and traffic law, as amended by chapter 490 of the laws of  2019,
 are amended to read as follows:
   (a)  a  person  who served in the armed forces of the United States in
 the hostilities that occurred in the Persian Gulf from the eleventh  day
 of  September, two thousand one, to the end of such hostilities, who (i)
 was discharged therefrom under other than  dishonorable  conditions,  or
 (ii)  has  a  qualifying condition, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (iii) is a discharged LGBT veteran, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such service; or
   (b)  a  person who served in the armed forces of the United States, in
 the hostilities that occurred in Afghanistan from the  eleventh  day  of
 September, two thousand one, to the end of such hostilities, who (i) was
 discharged  therefrom  under other than dishonorable conditions, or (ii)
 has a qualifying condition, as defined in section [three hundred  fifty]
 ONE  of  the  [executive]  VETERANS'  SERVICES  law,  and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (iii) is a discharged LGBT veteran, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such service.
 S. 8006--C                         147                        A. 9006--C
 
   §  95.  Subdivision 3 of section 404-w of the vehicle and traffic law,
 as amended by chapter 490 of the laws of 2019, is  amended  to  read  as
 follows:
   3. For the purposes of this section, "Persian Gulf veteran" shall mean
 a person who is a resident of this state, who served in the armed forces
 of  the  United  States  in the hostilities that occurred in the Persian
 Gulf from the second day of August, nineteen hundred ninety to  the  end
 of such hostilities, and was (a) honorably discharged from the military,
 or  (b) has a qualifying condition, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (c)  is  a discharged LGBT veteran, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such service.
   § 96. Paragraphs (a) and (b) of subdivision 3 of section 404-y of  the
 vehicle  and traffic law, as amended by chapter 490 of the laws of 2019,
 are amended to read as follows:
   (a) "Veteran of the Iraq War" shall mean a person who is a resident of
 this state, who served in the armed forces of the United States  in  the
 hostilities that occurred in Iraq from the sixteenth day of October, two
 thousand two to the end of such hostilities who (i) was discharged ther-
 efrom  under other than dishonorable conditions or (ii) has a qualifying
 condition, as defined in section [three hundred fifty] ONE of the [exec-
 utive] VETERANS' SERVICES law, and has received a discharge  other  than
 bad  conduct or dishonorable from such service, or (iii) is a discharged
 LGBT veteran, as defined in section [three hundred  fifty]  ONE  of  the
 [executive]  VETERANS'  SERVICES law, and has received a discharge other
 than bad conduct or dishonorable from such service; and
   (b) "Veteran of the Afghanistan War" shall mean  a  person  who  is  a
 resident  of  this  state,  who served in the armed forces of the United
 States in the hostilities that occurred in Afghanistan from the  seventh
 day  of October, two thousand one to the end of such hostilities who (i)
 was discharged therefrom under other  than  dishonorable  conditions  or
 (ii)  has  a  qualifying condition, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such  service,  or
 (iii) is a discharged LGBT veteran, as defined in section [three hundred
 fifty] ONE of the [executive] VETERANS' SERVICES law, and has received a
 discharge other than bad conduct or dishonorable from such service.
   § 97. Paragraph (b) of subdivision 3 of section 490 of the vehicle and
 traffic  law,  as amended by chapter 490 of the laws of 2019, is amended
 to read as follows:
   (b) The identification card shall contain a distinguishing  number  or
 mark and adequate space upon which an anatomical gift, pursuant to arti-
 cle  forty-three of the public health law, by the holder may be recorded
 and shall contain such other information and shall  be  issued  in  such
 form as the commissioner shall determine; provided, however, every iden-
 tification  card  or renewal thereof issued to a person under the age of
 twenty-one years shall have prominently imprinted thereon the  statement
 "UNDER  21  YEARS  OF  AGE"  in  notably  distinctive  print  or format.
 Provided, further, however, that every identification card issued to  an
 applicant  who was a member of the armed forces of the United States and
 (i) received an honorable discharge  or  was  released  therefrom  under
 honorable  conditions, or (ii) has a qualifying condition, as defined in
 section [three hundred fifty] ONE of the [executive] VETERANS'  SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 S. 8006--C                         148                        A. 9006--C
 
 from  such service, or (iii) is a discharged LGBT veteran, as defined in
 section [three hundred fifty] ONE of the [executive] VETERANS'  SERVICES
 law, and has received a discharge other than bad conduct or dishonorable
 from  such  service,  shall,  upon  his or her request and submission of
 proof as set forth herein, contain a distinguishing mark, in  such  form
 as  the  commissioner  shall  determine,  indicating that he or she is a
 veteran. Such proof  shall  consist  of  a  certificate  of  release  or
 discharge from active duty including but not limited to a DD Form 214 or
 other proof satisfactory to the commissioner. The commissioner shall not
 require  fees  for the issuance of such identification cards or renewals
 thereof to persons under twenty-one years of  age  which  are  different
 from  the  fees  required  for  the  issuance of identification cards or
 renewals thereof to persons twenty-one years of age or over, nor fees to
 persons requesting a veteran distinguishing  mark  which  are  different
 from  fees  that  would  otherwise  be required. Provided, however, that
 notwithstanding the provisions of section  four  hundred  ninety-one  of
 this article, the commissioner shall not require any fees for the dupli-
 cation  or  amendment  of an identification card prior to its renewal if
 such duplication or amendment was solely for the  purpose  of  adding  a
 veteran distinguishing mark to such identification card.
   §  98.  Paragraph (a-1) of subdivision 1 of section 504 of the vehicle
 and traffic law, as amended by chapter 490  of  the  laws  of  2019,  is
 amended to read as follows:
   (a-1)  Every license or renewal thereof issued to an applicant who was
 a member of the armed forces of the United States and who  (i)  received
 an  honorable discharge or was released therefrom under honorable condi-
 tions, or (ii) has a qualifying condition, as defined in section  [three
 hundred  fifty]  ONE  of the [executive] VETERANS' SERVICES law, and has
 received a discharge other than bad conduct or  dishonorable  from  such
 service,  or  (iii)  is a discharged LGBT veteran, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 has received a discharge other than bad  conduct  or  dishonorable  from
 such  service, shall, upon his or her request and submission of proof as
 set forth herein, contain a distinguishing mark, in  such  form  as  the
 commissioner  shall  determine,  indicating that he or she is a veteran.
 Such proof shall consist of a certificate of release or  discharge  from
 active  duty  including  but not limited to a DD Form 214 or other proof
 satisfactory to the commissioner. The  commissioner  shall  not  require
 fees  for  the  issuance of such licenses or renewals thereof to persons
 requesting a veteran distinguishing mark which are different  from  fees
 otherwise   required;   provided,   however,  that  notwithstanding  the
 provisions of this section, the commissioner shall not require fees  for
 a  duplication  or  amendment  of a license prior to its renewal if such
 duplication or amendment was solely for the purpose of adding a  veteran
 distinguishing mark to such license.
   §  99. The second undesignated subparagraph of paragraph (a) of subdi-
 vision 8 of section 15 of the workers' compensation law, as  amended  by
 chapter 490 of the laws of 2019, is amended to read as follows:
   Second: That any plan which will reasonably, equitably and practically
 operate  to break down hindrances and remove obstacles to the employment
 of partially disabled persons who (i) are honorably discharged from  our
 armed forces, or (ii) have a qualifying condition, as defined in section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or (iii) are discharged LGBT veterans, as  defined  in  section
 [three hundred fifty] ONE of the [executive] VETERANS' SERVICES law, and
 S. 8006--C                         149                        A. 9006--C
 
 received  a  discharge  other than bad conduct or dishonorable from such
 service, or any other physically handicapped persons, is of vital impor-
 tance to the state and its people and is of concern to this legislature;
   §  100. Transfer of powers of the division of veterans' services.  The
 functions and powers possessed by and all of the obligations and  duties
 of  the division of veterans' services, as established pursuant to arti-
 cle 17 of the executive law and other laws,  shall  be  transferred  and
 assigned  to, and assumed by and devolved upon, the department of veter-
 ans' services.
   § 101. Abolition of the  division  of  veterans'  services.  Upon  the
 transfer  pursuant  to this act of the functions and powers possessed by
 and all of the obligations and  duties  of  the  division  of  veterans'
 services, as established pursuant to article 17 of the executive law and
 other laws, the division of veterans' services shall be abolished.
   §  102. Continuity of authority of the division of veterans' services.
 Except as herein otherwise provided, upon the transfer pursuant to  this
 act of the functions and powers possessed by, and all of the obligations
 and duties of, the division of veterans' services, as established pursu-
 ant to article 17 of the executive law and other laws, to the department
 of  veterans'  services  as  prescribed  by this act, for the purpose of
 succession, all functions, powers, duties and obligations of the depart-
 ment of veterans' services shall be deemed and be held to constitute the
 continuation of such functions, powers, duties and obligations and not a
 different agency.
   § 103. Transfer of records of the division of veterans' services. Upon
 the transfer pursuant to this act of the functions and powers  possessed
 by  and  all  of the obligations and duties of the division of veterans'
 services, as established pursuant to article 17 of the executive law and
 other laws, to the department of veterans'  services  as  prescribed  by
 this  act,  all  books,  papers,  records and property pertaining to the
 division of veterans' services shall be transferred to and maintained by
 the department of veterans' services.
   § 104. Completion of unfinished business of the division of  veterans'
 services.  Upon  the  transfer pursuant to this act of the functions and
 powers possessed by and all of the obligations and duties of  the  divi-
 sion of veterans' services, as established pursuant to article 17 of the
 executive law and other laws, to the department of veterans' services as
 prescribed  by  this  act,  any  business  or other matter undertaken or
 commenced by  the  division  of  veterans'  services  pertaining  to  or
 connected  with  the functions, powers, obligations and duties so trans-
 ferred and assigned to the department  of  veterans'  services,  may  be
 conducted or completed by the department of veterans' services.
   §  105.  Terms  occurring  in laws, contracts or other documents of or
 pertaining to the division of  veterans'  services.  Upon  the  transfer
 pursuant to this act of the functions and powers possessed by and all of
 the  obligations  and  duties  of the division of veterans' services, as
 established pursuant to article 17 of the executive law and other  laws,
 as  prescribed  by this act, whenever the division of veterans' services
 and the commissioner thereof, the  functions,  powers,  obligations  and
 duties of which are transferred to the department of veterans' services,
 are  referred to or designated in any law, regulation, contract or docu-
 ment pertaining to the functions, powers, obligations and duties  trans-
 ferred  and assigned pursuant to this act, such reference or designation
 shall be deemed to refer to the department of veterans' services and its
 commissioner.
 S. 8006--C                         150                        A. 9006--C
 
   § 106. (a) Wherever the term "division of veterans' services"  appears
 in  the  consolidated or unconsolidated laws of this state, such term is
 hereby changed to "department of veterans' services".
   (b)  The  legislative  bill  drafting commission is hereby directed to
 effectuate this provision, and  shall  be  guided  by  a  memorandum  of
 instruction  setting forth the specific provisions of law to be amended.
 Such memorandum shall be transmitted to the  legislative  bill  drafting
 commission  within sixty days of enactment of this provision. Such memo-
 randum shall be issued jointly by the governor, the temporary  president
 of  the  senate  and  the speaker of the assembly, or by the delegate of
 each.
   § 107. Existing rights and remedies of or pertaining to  the  division
 of  veterans'  services.   Upon the transfer pursuant to this act of the
 functions and powers possessed by and all of the obligations and  duties
 of  the division of veterans' services, as established pursuant to arti-
 cle 17 of the executive law and other laws, to the department of  veter-
 ans'  services as prescribed by this act, no existing right or remedy of
 the state, including the division of veterans' services, shall be  lost,
 impaired or affected by reason of this act.
   §  108.  Pending actions and proceedings of or pertaining to the divi-
 sion of veterans' services. Upon the transfer pursuant to  this  act  of
 the  functions  and  powers  possessed by and all of the obligations and
 duties of the division of veterans' services, as established pursuant to
 article 17 of the executive law and other laws,  to  the  department  of
 veterans'  services  as  prescribed by this act, no action or proceeding
 pending on the effective date of this act, brought  by  or  against  the
 division  of  veterans'  services  or  the commissioner thereof shall be
 affected by any provision of this act, but the same may be prosecuted or
 defended in the name of the  New  York  state  department  of  veterans'
 services.  In  all  such  actions  and  proceedings,  the New York state
 department of veterans' services, upon application to the  court,  shall
 be substituted as a party.
   §  109.  Continuation of rules and regulations of or pertaining to the
 division of veterans' services. Upon the transfer pursuant to  this  act
 of  the  functions  and  powers possessed by and all the obligations and
 duties of the division of veterans' services, as established pursuant to
 article 17 of the executive law and other laws,  to  the  department  of
 veterans'  services  as  prescribed by this act, all rules, regulations,
 acts, orders, determinations,  decisions,  licenses,  registrations  and
 charters  of the division of veterans' services, pertaining to the func-
 tions transferred and assigned by this act to the department  of  veter-
 ans'  services,  in  force  at  the  time  of such transfer, assignment,
 assumption or devolution shall continue in force and  effect  as  rules,
 regulations,  acts,  determinations  and  decisions of the department of
 veterans' services until duly modified or repealed.
   § 110. Transfer of appropriations heretofore made to the  division  of
 veterans' services.  Upon the transfer pursuant to this act of the func-
 tions  and  powers possessed by and all of the obligations and duties of
 the division of veterans' services, as established pursuant  to  article
 17  of  the executive law and other laws, to the department of veterans'
 services as prescribed by this act, all appropriations  and  reappropri-
 ations  which  shall  have  been  made  available as of the date of such
 transfer to the division of veterans' services or segregated pursuant to
 law, to the extent of  remaining  unexpended  or  unencumbered  balances
 thereof, whether allocated or unallocated and whether obligated or unob-
 ligated, shall be transferred to and made available for use and expendi-
 S. 8006--C                         151                        A. 9006--C
 ture  by  the  department  of veterans' services and shall be payable on
 vouchers certified or approved  by  the  commissioner  of  taxation  and
 finance,  on  audit  and warrant of the comptroller. Payments of liabil-
 ities  for  expenses  of  personnel  services, maintenance and operation
 which shall have been incurred as of the date of such  transfer  by  the
 division  of  veterans' services, and for liabilities incurred and to be
 incurred in completing its affairs shall also be made on vouchers certi-
 fied or approved by the commissioner of veterans' services, on audit and
 warrant of the comptroller.
   § 111. Transfer of employees. Upon the transfer pursuant to  this  act
 of  the  functions  and  powers  possessed by and all of the division of
 veterans' services, as established pursuant to article 17 of the  execu-
 tive  law  and  other  laws,  to the department of veterans' services as
 prescribed by this act, provision shall be made for the transfer of  all
 employees from the division of veterans' services into the department of
 veterans' services.  Employees so transferred shall be transferred with-
 out  further  examination or qualification to the same or similar titles
 and shall remain in the  same  collective  bargaining  units  and  shall
 retain their respective civil service classifications, status and rights
 pursuant  to their collective bargaining units and collective bargaining
 agreements.
   § 112. Severability. If any clause, sentence,  paragraph,  section  or
 part  of  this act shall be adjudged by any court of competent jurisdic-
 tion 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, section or part thereof directly involved
 in the controversy in which such judgment shall have been rendered.
   § 113. This act shall take effect April 1,  2023;  provided,  however,
 that  the  amendments  to  subdivision (l) of section 7.09 of the mental
 hygiene law made by section fifteen of this act  shall  not  affect  the
 repeal  of  such subdivision and shall be deemed repealed therewith; and
 provided further that the amendments to paragraph j of subdivision 1 and
 subdivisions 6 and 6-d of section 163 of the state finance law  made  by
 section  twenty-eight  of  this  act shall not affect the repeal of such
 section and shall be deemed  to  be  repealed  therewith;  and  provided
 further that the amendments to paragraph 5 of subdivision (b) of section
 5.06  of  the  mental hygiene law made by section fourteen-a of this act
 shall take effect on the same date and in the same manner as  section  2
 of  chapter  4  of  the laws of 2022, takes effect; and provided further
 that the amendments to subdivision 3 of section 103-a of the state tech-
 nology law made by section thirty-one of this act shall not  affect  the
 repeal  of  such  section  and shall be deemed to be repealed therewith.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made on or before such date.
 
                                  PART QQ
 
   Section 1. This act shall be known and may be  cited  as  the  "ethics
 commission reform act of 2022".
   §  2. Section 94 of the executive law is REPEALED and a new section 94
 is added to read as follows:
   § 94.   COMMISSION ON ETHICS AND  LOBBYING  IN  GOVERNMENT.    1.  (A)
 COMMISSION  ESTABLISHED.  THERE IS HEREBY ESTABLISHED WITHIN THE DEPART-
 MENT OF STATE, A COMMISSION ON ETHICS AND  LOBBYING  IN  GOVERNMENT,  AN
 AGENCY  RESPONSIBLE  FOR  ADMINISTERING, ENFORCING, AND INTERPRETING NEW
 S. 8006--C                         152                        A. 9006--C
 
 YORK STATE'S ETHICS AND LOBBYING LAWS.   THE COMMISSION SHALL  HAVE  AND
 EXERCISE THE POWERS AND DUTIES SET FORTH IN THIS SECTION WITH RESPECT TO
 STATEWIDE ELECTED OFFICIALS, MEMBERS OF THE LEGISLATURE AND EMPLOYEES OF
 THE LEGISLATURE, AND STATE OFFICERS AND EMPLOYEES AS DEFINED IN SECTIONS
 SEVENTY-THREE,  SEVENTY-THREE-A, AND SEVENTY-FOUR OF THE PUBLIC OFFICERS
 LAW, CANDIDATES FOR STATEWIDE ELECTED  OFFICE  AND  FOR  THE  SENATE  OR
 ASSEMBLY,  AND THE POLITICAL PARTY CHAIR AS IS DEFINED IN SECTION SEVEN-
 TY-THREE OF THE PUBLIC OFFICERS LAW, LOBBYISTS AND THE CLIENTS OF LOBBY-
 ISTS AS DEFINED IN SECTION ONE-C OF THE LEGISLATIVE LAW, AND INDIVIDUALS
 WHO HAVE FORMERLY HELD SUCH POSITIONS,  WERE  LOBBYISTS  OR  CLIENTS  OF
 LOBBYISTS  AS  DEFINED  IN  SECTION ONE-C OF THE LEGISLATIVE LAW, OR WHO
 HAVE FORMERLY BEEN SUCH CANDIDATES.
   (B) THE COMMISSION SHALL PROVIDE FOR THE TRANSFER, ASSUMPTION OR OTHER
 DISPOSITION OF THE RECORDS, PROPERTY, AND  PERSONNEL  AFFECTED  BY  THIS
 SECTION, AND IT IS FURTHER PROVIDED, SHOULD ANY EMPLOYEES BE TRANSFERRED
 FROM  THE  JOINT  COMMISSION ON PUBLIC ETHICS ("JCOPE"), THE PREDECESSOR
 ETHICS AGENCY, TO THE COMMISSION, THAT SUCH  TRANSFER  WILL  BE  WITHOUT
 FURTHER  EXAMINATION  OR  QUALIFICATION  AND SUCH EMPLOYEES SHALL RETAIN
 THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATIONS,  STATUS  AND  COLLECTIVE
 BARGAINING AGREEMENTS.
   (C)  THE  COMMISSION  SHALL  REVIEW  ANY  PENDING INQUIRIES OR MATTERS
 AFFECTED BY THIS SECTION AND SHALL ESTABLISH POLICIES TO ADDRESS THEM.
   (D) THE COMMISSION SHALL UNDERTAKE A COMPREHENSIVE REVIEW OF ALL REGU-
 LATIONS IN EFFECT UPON THE EFFECTIVE DATE OF THIS SECTION; AND REVIEW OF
 ALL ADVISORY OPINIONS OF PREDECESSOR ETHICS AGENCIES,  INCLUDING  JCOPE,
 THE  LEGISLATIVE  ETHICS COMMISSION, THE COMMISSION ON PUBLIC INTEGRITY,
 THE STATE ETHICS COMMISSION,  AND  THE  TEMPORARY  LOBBYING  COMMISSION,
 WHICH  WILL  ADDRESS  THE  CONSISTENCY  OF SUCH REGULATIONS AND ADVISORY
 OPINIONS AMONG EACH OTHER AND WITH THE NEW STATUTORY  LANGUAGE,  AND  OF
 THE EFFECTIVENESS OF THE EXISTING LAWS, REGULATIONS, GUIDANCE AND ETHICS
 ENFORCEMENT STRUCTURE.
   (E)  THIS SECTION SHALL NOT BE DEEMED TO HAVE REVOKED OR RESCINDED ANY
 REGULATIONS OR ADVISORY OPINIONS IN EFFECT ON THE EFFECTIVE DATE OF THIS
 SECTION THAT WERE ISSUED BY PREDECESSOR ETHICS AND LOBBYING BODIES.  THE
 COMMISSION SHALL COOPERATE, CONSULT, AND COORDINATE WITH THE LEGISLATIVE
 ETHICS COMMISSION, TO THE EXTENT POSSIBLE, TO ADMINISTER AND ENFORCE THE
 LAWS UNDER ITS JURISDICTION.
   (F) THE ANNUAL BUDGET SUBMITTED BY THE GOVERNOR SHALL SEPARATELY STATE
 THE RECOMMENDED APPROPRIATIONS FOR THE COMMISSION ON ETHICS AND LOBBYING
 IN  GOVERNMENT.  UPON  ENACTMENT, THESE SEPARATELY STATED APPROPRIATIONS
 FOR THE COMMISSION ON ETHICS AND LOBBYING IN  GOVERNMENT  SHALL  NOT  BE
 DECREASED  BY  INTERCHANGE WITH ANY OTHER APPROPRIATION, NOTWITHSTANDING
 SECTION FIFTY-ONE OF THE STATE FINANCE LAW.
   2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COMMISSION"  MEANS  THE  COMMISSION  ON ETHICS   AND LOBBYING IN
 GOVERNMENT ESTABLISHED PURSUANT TO SUBDIVISION  ONE OF THIS SECTION.
   (B) "SELECTION MEMBERS" MEANS THE GOVERNOR, SPEAKER OF  THE  ASSEMBLY,
 TEMPORARY PRESIDENT OF THE SENATE, MINORITY LEADER OF THE SENATE, MINOR-
 ITY LEADER OF THE ASSEMBLY, COMPTROLLER, AND THE ATTORNEY GENERAL.
   (C) "INDEPENDENT REVIEW COMMITTEE" MEANS  THE  COMMITTEE OF THE AMERI-
 CAN BAR ASSOCIATION ACCREDITED NEW YORK STATE LAW SCHOOL DEANS OR INTER-
 IM DEANS, OR THEIR DESIGNEE WHO IS AN ASSOCIATE DEAN OF THEIR RESPECTIVE
 LAW  SCHOOL, TASKED WITH REVIEWING, APPROVING, OR DENYING THE MEMBERS OF
 THE COMMISSION AS NOMINATED BY THE SELECTION  MEMBERS  AND  OTHER  TASKS
 PURSUANT TO THIS SECTION.
 S. 8006--C                         153                        A. 9006--C
 
   (D)  "RESPONDENT"  MEANS THE INDIVIDUAL OR INDIVIDUALS OR ORGANIZATION
 OR ORGANIZATIONS SUBJECT TO AN INQUIRY,  INVESTIGATION,  OR  ENFORCEMENT
 ACTION.
   (E) "VICTIM" MEANS ANY INDIVIDUAL THAT HAS SUFFERED OR ALLEGED TO HAVE
 SUFFERED DIRECT HARM FROM ANY VIOLATION OF LAW THAT IS SUBJECT TO INVES-
 TIGATION UNDER THE JURISDICTION OF THE COMMISSION.
   3.  NOMINATION  AND APPOINTMENT OF THE COMMISSION.  (A) THE COMMISSION
 SHALL CONSIST OF ELEVEN   MEMBERS, TO  BE  NOMINATED  BY  THE  SELECTION
 MEMBERS  AS  FOLLOWS:  THREE MEMBERS BY THE GOVERNOR; TWO MEMBERS BY THE
 TEMPORARY PRESIDENT OF THE SENATE; ONE MEMBER BY THE MINORITY LEADER  OF
 THE  SENATE; TWO   MEMBERS BY THE SPEAKER OF THE ASSEMBLY; ONE MEMBER BY
 THE MINORITY LEADER OF THE ASSEMBLY; ONE MEMBER BY THE ATTORNEY GENERAL;
 AND ONE MEMBER BY THE COMPTROLLER.
   (B) THE INDEPENDENT REVIEW COMMITTEE SHALL WITHIN THIRTY  DAYS  REVIEW
 THE  QUALIFICATIONS OF THE NOMINATED CANDIDATES AND APPROVE OR DENY EACH
 CANDIDATE NOMINATED BY THEIR RESPECTIVE SELECTION MEMBER.
   (C) THE INDEPENDENT REVIEW COMMITTEE SHALL PUBLISH ON  ITS  WEBSITE  A
 PROCEDURE  BY  WHICH  IT WILL REVIEW THE QUALIFICATIONS OF THE NOMINATED
 CANDIDATE AND APPROVE OR DENY EACH CANDIDATE.
   (D) THOSE CANDIDATES THAT THE INDEPENDENT REVIEW  COMMITTEE  DEEMS  TO
 MEET  THE  QUALIFICATIONS  NECESSARY  FOR THE SERVICES REQUIRED BASED ON
 THEIR BACKGROUND AND EXPERTISE THAT RELATE TO THE CANDIDATE'S  POTENTIAL
 SERVICE ON THE COMMISSION SHALL BE APPOINTED AS A COMMISSION MEMBER. THE
 NOMINATING  SELECTION  MEMBER  SHALL  NOMINATE A NEW CANDIDATE FOR THOSE
 THAT ARE DENIED BY THE INDEPENDENT REVIEW COMMITTEE.
   (E) NO INDIVIDUAL SHALL BE ELIGIBLE FOR NOMINATION AND APPOINTMENT  AS
 A  MEMBER OF THE COMMISSION WHO IS CURRENTLY, OR HAS WITHIN THE LAST TWO
 YEARS:
   (I) BEEN REGISTERED AS A LOBBYIST IN NEW YORK STATE;
   (II) BEEN A MEMBER OR EMPLOYEE OF THE NEW YORK  STATE  LEGISLATURE,  A
 STATEWIDE  ELECTED  OFFICIAL,  OR  A COMMISSIONER OF AN EXECUTIVE AGENCY
 APPOINTED BY THE GOVERNOR;
   (III) BEEN A POLITICAL PARTY CHAIR, AS  DEFINED  IN  SECTION  SEVENTY-
 THREE OF THE PUBLIC OFFICERS LAW; OR
   (IV)  BEEN  A STATE OFFICER OR EMPLOYEE AS DEFINED IN SECTION SEVENTY-
 THREE OF THE PUBLIC OFFICERS LAW.
   (F) THE INDEPENDENT REVIEW COMMITTEE SHALL CONVENE  AS  NEEDED  OR  AS
 REQUESTED BY THE SELECTION MEMBERS.  THE CHAIR OF THE INDEPENDENT REVIEW
 COMMITTEE  SHALL  BE  ELECTED FROM THE MEMBERS OF THE INDEPENDENT REVIEW
 COMMITTEE.
   (G) APPROPRIATE STAFFING AND OTHER RESOURCES SHALL BE PROVIDED FOR  IN
 THE    COMMISSION'S BUDGET FOR THE INDEPENDENT REVIEW COMMITTEE TO CARRY
 OUT ITS POWERS, FUNCTIONS, AND DUTIES. THE INDEPENDENT REVIEW  COMMITTEE
 SHALL  PUBLISH  ON THE COMMISSION'S WEBSITE A PROCEDURE BY WHICH IT WILL
 REVIEW AND SELECT THE COMMISSION MEMBERS AND OTHER PROCESSES TO EFFECTU-
 ATE ITS RESPONSIBILITIES UNDER THIS SECTION.
   (H) THE MAJORITY OF THE INDEPENDENT REVIEW COMMITTEE SHALL  CONSTITUTE
 A QUORUM TO HOLD A MEETING AND CONDUCT OFFICIAL BUSINESS.
   (I)  DURING  THE  PENDENCY OF THE REVIEW AND APPROVAL OR DENIAL OF THE
 CANDIDATES, THE INDEPENDENT REVIEW COMMITTEE SHALL  BE  SUBJECT  TO  AND
 MAINTAIN  CONFIDENTIALITY IN ALL INDEPENDENT REVIEW COMMITTEE PROCESSES,
 REVIEWS, ANALYSES, APPROVALS, AND DENIALS.  A MEMBER OF THE  INDEPENDENT
 REVIEW  COMMITTEE  MAY  BE REMOVED BY MAJORITY VOTE OF THE COMMITTEE FOR
 SUBSTANTIAL NEGLECT OF DUTY, MISCONDUCT, VIOLATION OF THE CONFIDENTIALI-
 TY RESTRICTIONS SET FORTH IN THIS SECTION, INABILITY  TO  DISCHARGE  THE
 S. 8006--C                         154                        A. 9006--C
 POWERS  OR  DUTIES  OF THE COMMITTEE OR VIOLATION OF THIS SECTION, AFTER
 WRITTEN NOTICE AND OPPORTUNITY FOR A REPLY.
   (J)  UPON  THE RECEIPT OF THE SELECTION MEMBERS' APPOINTMENTS, MEMBERS
 OF THE INDEPENDENT REVIEW COMMITTEE SHALL DISCLOSE  TO  THE  INDEPENDENT
 REVIEW  COMMITTEE ANY PERSONAL, PROFESSIONAL, FINANCIAL, OR OTHER DIRECT
 OR INDIRECT RELATIONSHIPS A MEMBER OF THE INDEPENDENT  REVIEW  COMMITTEE
 MAY  HAVE  WITH AN APPOINTEE. IF THE INDEPENDENT REVIEW COMMITTEE DETER-
 MINES A CONFLICT OF INTEREST EXISTS, SUCH INDEPENDENT  REVIEW  COMMITTEE
 MEMBER  SHALL,  IN  WRITING, NOTIFY THE OTHER MEMBERS OF THE INDEPENDENT
 REVIEW COMMITTEE OF THE POSSIBLE CONFLICT. THE MEMBER MAY  RECUSE  THEM-
 SELF  FROM ALL SUBSEQUENT INVOLVEMENT IN THE CONSIDERATION OF AND ACTION
 UPON THE APPOINTMENT. IF, AFTER DISCLOSURE, THE MEMBER DOES  NOT  RECUSE
 THEMSELF  FROM THE MATTER, THE INDEPENDENT REVIEW COMMITTEE, BY MAJORITY
 VOTE FINDING THE DISCLOSED INFORMATION CREATES A SUBSTANTIAL CONFLICT OF
 INTEREST, MAY REMOVE THE CONFLICTED MEMBER FROM FURTHER CONSIDERATION OF
 AND ACTION UPON THE APPOINTMENT.
   (K) NOTWITHSTANDING THE PROVISIONS OF  ARTICLE  SEVEN  OF  THE  PUBLIC
 OFFICERS LAW, NO MEETING OR PROCEEDING OF THE INDEPENDENT REVIEW COMMIT-
 TEE  SHALL BE OPEN TO THE PUBLIC, EXCEPT THE APPLICABLE RECORDS PERTAIN-
 ING TO THE REVIEW AND SELECTION  PROCESS FOR A MEMBER'S  SEAT  SHALL  BE
 SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW
 ONLY  AFTER  AN  INDIVIDUAL  MEMBER  IS  APPOINTED  TO  THE  COMMISSION.
 REQUESTS FOR SUCH RECORDS SHALL BE   MADE  TO,  AND  PROCESSED  BY,  THE
 COMMISSION'S RECORDS ACCESS OFFICER.
   (L)  THE INDEPENDENT REVIEW COMMITTEE SHALL NEITHER BE PUBLIC OFFICERS
 NOR BE SUBJECT TO THE REQUIREMENTS OF THE PUBLIC OFFICERS LAW.
   (M) NOTWITHSTANDING SUBDIVISION (L) OF THIS SECTION,  THE  INDEPENDENT
 REVIEW COMMITTEE MEMBERS SHALL BE ENTITLED TO REPRESENTATION, INDEMNIFI-
 CATION,  AND  TO BE HELD HARMLESS TO THE SAME EXTENT AS ANY OTHER PERSON
 EMPLOYED IN SERVICE OF THE STATE AND ENTITLED  TO  SUCH  COVERAGE  UNDER
 SECTIONS  SEVENTEEN  AND  NINETEEN  OF THE PUBLIC OFFICERS LAW, PROVIDED
 HOWEVER, THAT ANY INDEPENDENT REVIEW COMMITTEE MEMBER REMOVED DUE  TO  A
 VIOLATION  OF  PARAGRAPH  (I)  OF THIS SUBDIVISION SHALL NOT QUALIFY FOR
 SUCH ENTITLEMENTS.
   4. COMMISSION. (A) THE FIRST CLASS OF MEMBERS OF THE COMMISSION  SHALL
 SERVE  STAGGERED  TERMS TO ENSURE CONTINUITY. FOR THE FIRST CLASS OF THE
 COMMISSION,  FIVE  MEMBERS  SHALL  SERVE A TERM OF FOUR   YEARS,   THREE
 MEMBERS SHALL  SERVE  A  TERM OF TWO YEARS, AND ONE MEMBER SHALL SERVE A
 TERM OF ONE YEAR. ALL SUBSEQUENT MEMBERS SHALL  SERVE  A  TERM  OF  FOUR
 YEARS.  NO MEMBER   SHALL   BE   SELECTED  TO  THE  COMMISSION  FOR MORE
 THAN TWO FULL CONSECUTIVE TERMS, EXCEPT THAT A MEMBER WHO HAS HELD   THE
 POSITION   BY FILLING  A  VACANCY CAN ONLY BE SELECTED TO THE COMMISSION
 FOR AN ADDITIONAL TWO FULL CONSECUTIVE TERMS.
   (B) THE  COMMISSION  BY MAJORITY VOTE SHALL ELECT A  CHAIRPERSON  FROM
 AMONG ITS MEMBERS FOR A TERM OF TWO YEARS. A CHAIRPERSON MAY BE  ELECTED
 TO NO MORE THAN TWO TERMS FOR SUCH OFFICE.
   (C)  MEMBERS OF THE COMMISSION MAY BE REMOVED BY MAJORITY VOTE  OF THE
 COMMISSION FOR  SUBSTANTIAL  NEGLECT  OF  DUTY,  MISCONDUCT  IN  OFFICE,
 VIOLATION    OF  THE  CONFIDENTIALITY  RESTRICTIONS  SET  FORTH  IN THIS
 SECTION, INABILITY TO DISCHARGE THE POWERS  OR  DUTIES  OF   OFFICE   OR
 VIOLATION   OF  THIS SECTION, AFTER WRITTEN NOTICE AND OPPORTUNITY FOR A
 REPLY.
   (D)  ANY  VACANCY  OCCURRING  ON THE COMMISSION SHALL BE FILLED WITHIN
 THIRTY DAYS OF ITS OCCURRENCE IN THE SAME MANNER AS A MEMBER IS INITIAL-
 LY SELECTED TO COMPLETE THE VACANT TERM.
 S. 8006--C                         155                        A. 9006--C
 
   (E) DURING THE PERIOD OF A MEMBER'S SERVICE AS A MEMBER OF THE COMMIS-
 SION, THE MEMBER SHALL REFRAIN FROM MAKING,  OR  SOLICITING  FROM  OTHER
 PERSONS,   ANY CONTRIBUTIONS TO CANDIDATES, POLITICAL ACTION COMMITTEES,
 POLITICAL PARTIES OR COMMITTEES, NEWSLETTER FUNDS, OR  POLITICAL  ADVER-
 TISEMENTS  FOR  ELECTION TO THE OFFICES OF GOVERNOR, LIEUTENANT   GOVER-
 NOR, MEMBER OF THE ASSEMBLY  OR THE SENATE, ATTORNEY  GENERAL  OR  STATE
 COMPTROLLER.
   (F) MEMBERS OF THE COMMISSION SHALL RECEIVE A PER DIEM ALLOWANCE EQUAL
 TO THE SALARY OF A JUSTICE OF THE SUPREME COURT DIVIDED BY  TWO  HUNDRED
 TWENTY FOR EACH DAY OR EACH PRO-RATED DAY ACTUALLY SPENT IN THE PERFORM-
 ANCE  OF THE MEMBER'S DUTIES UNDER THIS SECTION, AND, IN ADDITION THERE-
 TO,  SHALL BE REIMBURSED FOR ALL REASONABLE EXPENSES ACTUALLY AND NECES-
 SARILY  INCURRED BY THE MEMBER IN THE PERFORMANCE OF THE MEMBER'S DUTIES
 UNDER THIS SECTION. FOR THE PURPOSES OF THIS SUBDIVISION,  A  DAY  SHALL
 CONSIST OF AT LEAST SEVEN AND ONE-HALF HOURS SPENT IN THE PERFORMANCE OF
 THE MEMBER'S DUTIES UNDER THIS SECTION.
   (G)  THE  COMMISSION SHALL MEET AT LEAST QUARTERLY AND ADDITIONALLY AS
 CALLED BY THE CHAIRPERSON, OR UPON THE CALL OF A MAJORITY OF THE MEMBERS
 OF THE COMMISSION.  THE COMMISSION SHALL BE SUBJECT TO ARTICLES SIX  AND
 SEVEN OF THE PUBLIC OFFICERS LAW.
   (H)  A  MAJORITY  OF  THE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A
 QUORUM, AND THE COMMISSION SHALL HAVE THE POWER TO ACT BY MAJORITY  VOTE
 OF THE TOTAL NUMBER OF MEMBERS OF THE COMMISSION WITHOUT VACANCY.
   (I)  THE  COMMISSION  SHALL  HOLD  A PUBLIC HEARING AT LEAST ONCE EACH
 CALENDAR  YEAR  TO   TAKE TESTIMONY   REGARDING   THE OPERATION  OF  THE
 COMMISSION  AND  SOLICIT  PUBLIC  INPUT  REGARDING POTENTIAL OR PROPOSED
 CHANGES  IN  THE  LAWS  UNDER  ITS JURISDICTION.
   5. POWERS. (A) THE COMMISSION HAS THE AUTHORITY TO:  (I) ADOPT, AMEND,
 AND RESCIND ANY RULES AND REGULATIONS  PERTAINING  TO  SECTION  SEVENTY-
 THREE,  SEVENTY-THREE-A  OR SEVENTY-FOUR OF   THE  PUBLIC  OFFICERS LAW,
 ARTICLE ONE-A OF THE LEGISLATIVE LAW, OR SECTION ONE  HUNDRED  SEVEN  OF
 THE  CIVIL SERVICE LAW; (II) ADOPT, AMEND, AND RESCIND ANY PROCEDURES OF
 THE COMMISSION, INCLUDING BUT NOT LIMITED TO, PROCEDURES FOR ADVICE  AND
 GUIDANCE, TRAINING, FILING, REVIEW, AND ENFORCEMENT OF FINANCIAL DISCLO-
 SURE  STATEMENTS, INVESTIGATIONS, ENFORCEMENT, AND DUE PROCESS HEARINGS;
 AND (III) DEVELOP AND PROMULGATE ANY PROGRAMS FOR REVIEWS, TRAINING, AND
 GUIDANCE TO CARRY OUT THE COMMISSION'S MISSION.
   (B) THE COMMISSION  SHALL ADOPT AND POST ON ITS WEBSITE GUIDANCE DOCU-
 MENTS DETAILING  THE  PROCESSES  AND  PROCEDURES  OF  AN  INVESTIGATION,
 INCLUDING  THE  STAGES  OF  AN  INVESTIGATION;  TIMELINES, INCLUDING THE
 REASONS FOR ANY POTENTIAL DELAYS IN AN INVESTIGATION;  THE  HEARING  AND
 ADJUDICATION  PROCESS;  OUTCOMES OF AN INVESTIGATION; AND, ANYTHING ELSE
 THE COMMISSION DEEMS  NECESSARY TO INFORM THE PUBLIC AS WELL AS RELEVANT
 PARTIES TO AN    INVESTIGATION    INCLUDING  COMPLAINANTS,  RESPONDENTS,
 VICTIMS, IF ANY, AND WITNESSES AS TO SUCH  PROCESSES AND PROCEDURES. THE
 GUIDANCE  DOCUMENTS  SHALL  DELINEATE  THE PROCESSES AND PROCEDURES THAT
 APPLY TO  THE RELEVANT PARTIES, INCLUDING,  WHERE  APPLICABLE,  THE  DUE
 PROCESS  AND  ANY  OTHER  RIGHTS OR REMEDIES THAT THE RELEVANT PARTY MAY
 HAVE UNDER THE COMMISSION'S PROCEDURES OR ANY OTHER  AREA  OF  LAW.  THE
 GUIDANCE DOCUMENTS SHALL BE PROVIDED TO THE  RELEVANT PARTY OF AN INVES-
 TIGATION UPON SUCH PARTY'S INVOLVEMENT IN SUCH INVESTIGATION.
   (C)  THE  COMMISSION  HAS  THE  AUTHORITY  TO  COMPEL THE TESTIMONY OF
 WITNESSES, AND MAY ADMINISTER OATHS OR AFFIRMATIONS, SUBPOENA WITNESSES,
 COMPEL THEIR ATTENDANCE AND REQUIRE  THE  PRODUCTION  OF  ANY  BOOKS  OR
 RECORDS WHICH IT MAY DEEM RELEVANT OR MATERIAL.
   6. EXECUTIVE DIRECTOR AND COMMISSION STAFF.  THE COMMISSION SHALL:
 S. 8006--C                         156                        A. 9006--C
 
   (A)  (I)  APPOINT AN EXECUTIVE DIRECTOR THROUGH A MAJORITY VOTE OF THE
 MEMBERS OF THE COMMISSION, WHO SHALL ACT IN ACCORDANCE WITH THE POLICIES
 OF THE COMMISSION. THE EXECUTIVE DIRECTOR  SHALL  BE  APPOINTED  WITHOUT
 REGARD  TO  POLITICAL  AFFILIATION AND SOLELY ON THE BASIS OF FITNESS TO
 PERFORM THE DUTIES ASSIGNED BY THIS SECTION, AND MEET THE QUALIFICATIONS
 NECESSARY FOR THE SERVICES REQUIRED BASED ON THEIR BACKGROUND AND EXPER-
 TISE THAT RELATE TO THE CANDIDATE'S POTENTIAL SERVICE TO THE COMMISSION.
 NO INDIVIDUAL SHALL BE ELIGIBLE TO BE APPOINTED AS AN EXECUTIVE DIRECTOR
 IF THE INDIVIDUAL IS CURRENTLY, OR WITHIN THE LAST TWO YEARS HAS BEEN:
   (1) REGISTERED AS A LOBBYIST IN NEW YORK STATE;
   (2) A MEMBER OR EMPLOYEE OF THE NEW YORK STATE LEGISLATURE OR A STATE-
 WIDE  ELECTED  OFFICIAL,  OR  A  COMMISSIONER  OF  AN  EXECUTIVE  AGENCY
 APPOINTED BY THE GOVERNOR; OR
   (3) A POLITICAL PARTY CHAIR, AS DEFINED IN  SECTION  SEVENTY-THREE  OF
 THE PUBLIC OFFICERS LAW.
   (II)  THE  APPOINTMENT  AND REMOVAL OF THE EXECUTIVE DIRECTOR SHALL BE
 MADE BY A MAJORITY VOTE OF THE COMMISSION.
   (III) THE TERM OF OFFICE OF THE EXECUTIVE DIRECTOR SHALL BE FOUR YEARS
 FROM THE DATE OF APPOINTMENT. THE SALARY OF THE EXECUTIVE DIRECTOR SHALL
 BE DETERMINED BY THE MEMBERS OF THE COMMISSION BASED ON EXPERIENCE.
   (IV) THE COMMISSION MAY REMOVE THE EXECUTIVE DIRECTOR FOR  NEGLECT  OF
 DUTY,   MISCONDUCT   IN   OFFICE,   VIOLATION   OF  THE  CONFIDENTIALITY
 RESTRICTIONS IN THIS SECTION, OR INABILITY OR FAILURE TO  DISCHARGE  THE
 POWERS  OR  DUTIES OF OFFICE, INCLUDING THE FAILURE TO FOLLOW THE LAWFUL
 INSTRUCTIONS OF THE COMMISSION.
   (B) THE COMMISSION MAY DELEGATE AUTHORITY TO THE EXECUTIVE DIRECTOR TO
 ACT IN THE NAME OF THE COMMISSION BETWEEN  MEETINGS  OF  THE  COMMISSION
 PROVIDED SUCH DELEGATION IS IN WRITING, THE SPECIFIC POWERS TO BE DELEG-
 ATED ARE ENUMERATED, AND THE COMMISSION SHALL NOT DELEGATE ANY DECISIONS
 SPECIFIED IN THIS SECTION THAT REQUIRE A VOTE OF THE COMMISSION.
   (C)  THE  COMMISSION,  THROUGH THE EXECUTIVE DIRECTOR, SHALL ESTABLISH
 UNITS WITHIN THE COMMISSION TO CARRY OUT IT DUTIES, INCLUDING,  BUT  NOT
 LIMITED TO, (I) AN ADVICE AND GUIDANCE UNIT, (II) A TRAINING UNIT, (III)
 A  FINANCIAL  DISCLOSURE UNIT, (IV) A LOBBYING UNIT, AND (V) AN INVESTI-
 GATIONS AND ENFORCEMENT UNIT.
   (D) THE COMMISSION, THROUGH THE EXECUTIVE DIRECTOR, SHALL APPOINT SUCH
 OTHER STAFF AS ARE NECESSARY TO CARRY OUT ITS DUTIES UNDER THIS SECTION,
 INCLUDING, BUT NOT LIMITED TO, A DEPUTY DIRECTOR OF AN ADVICE AND  GUID-
 ANCE  UNIT  TO  PROVIDE TIMELY CONFIDENTIAL ADVICE TO PERSONS SUBJECT TO
 THE COMMISSION'S JURISDICTION, A DEPUTY DIRECTOR FOR TRAINING, A  DEPUTY
 DIRECTOR  FOR  INVESTIGATIONS AND ENFORCEMENT, AND A DEPUTY DIRECTOR FOR
 LOBBYING.
   (E) IN ADDITION  TO  MEETING  THE  QUALIFICATIONS  NECESSARY  FOR  THE
 SERVICES  REQUIRED  FOR  THE POSITION, THE DEPUTY  DIRECTOR FOR INVESTI-
 GATIONS AND ENFORCEMENT SHALL HAVE COMPLETED  SUBSTANTIAL  TRAINING  AND
 HAVE  EXPERIENCE  IN  TRAUMA-INFORMED  APPROACHES  TO INVESTIGATIONS AND
 ENFORCEMENT. THE DEPUTY   DIRECTOR FOR  INVESTIGATIONS  AND  ENFORCEMENT
 SHALL  COMPLETE  A MINIMUM OF FOUR HOURS OF TRAINING ANNUALLY IN TRAUMA-
 INFORMED APPROACHES TO INVESTIGATIONS AND  ENFORCEMENT.  SUCH  TRAININGS
 MAY  INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE  IMPACT  OF TRAUMA, FIRST
 IMPRESSION MATTERS, VICTIM  INTERVIEWS,  INVESTIGATIVE  STRATEGIES,  AND
 ALCOHOL AND DRUG FACILITATED CASES.
   (F)  THE  COMMISSION, THROUGH THE EXECUTIVE DIRECTOR, SHALL REVIEW AND
 APPROVE A STAFFING PLAN PROVIDED AND PREPARED BY THE EXECUTIVE  DIRECTOR
 WHICH SHALL CONTAIN, AT A MINIMUM, A LIST OF THE VARIOUS UNITS AND DIVI-
 SIONS  AS WELL AS THE NUMBER OF POSITIONS IN EACH UNIT, TITLES AND THEIR
 S. 8006--C                         157                        A. 9006--C
 
 DUTIES, AND SALARIES, AS WELL AS THE  VARIOUS  QUALIFICATIONS  FOR  EACH
 POSITION.
   7.  ADVICE  AND GUIDANCE. (A) THE COMMISSION SHALL ESTABLISH A UNIT OR
 UNITS SOLELY FOR ETHICS AND LOBBYING GUIDANCE,  AND  GIVE  SUCH  PROMPT,
 INFORMAL  ADVICE TO   PERSONS   WHOSE  CONDUCT  IT OVERSEES, EXCEPT WITH
 RESPECT TO MEMBERS OF THE LEGISLATURE AND LEGISLATIVE STAFF,  WHO  SHALL
 SEEK  ADVICE  FROM  THE  LEGISLATIVE  ETHICS  COMMISSION  IN  THE  FIRST
 INSTANCE.
   (B) PERSONS RECEIVING SUCH INFORMAL ADVICE MAY  RELY  ON  THAT  ADVICE
 ABSENT MISREPRESENTATION OR OMISSION OF MATERIAL FACTS TO THE COMMISSION
 AND   SUCH COMMUNICATIONS WITH THE COMMISSION SHALL BE TREATED AS CONFI-
 DENTIAL, EXCEPT AS DISCLOSURE IS NEEDED   TO   PREVENT   OR RECTIFY    A
 CRIME   OR   FRAUD,  OR PREVENT A SUBSTANTIAL THREAT TO PUBLIC HEALTH OR
 SAFETY OR IF REQUIRED BY COURT ORDER.
   (C) THE COMMISSION MAY ALSO RENDER, ON WRITTEN REQUEST OR ON  ITS  OWN
 INITIATIVE, ADVISORY  OPINIONS, AND MAY ALLOW FOR PUBLIC COMMENT  BEFORE
 ISSUANCE  OF  AN  ADVISORY  OPINION.    SUCH  AN OPINION RENDERED BY THE
 COMMISSION SHALL BE RELIED ON  BY  THOSE  SUBJECT  TO  THE  COMMISSION'S
 JURISDICTION  AND  UNTIL,  OR  UNLESS,  AMENDED, SUPERSEDED, OR REVOKED.
 SUCH  OPINION MAY ALSO BE RELIED UPON BY ANY SUCH  PERSON,  AND  MAY  BE
 INTRODUCED AND SHALL BE A DEFENSE, IN ANY CRIMINAL OR CIVIL ACTION.
   8.  TRAINING. THE COMMISSION SHALL ESTABLISH A TRAINING UNIT AND SHALL
 DEVELOP AND ADMINISTER AN ON-GOING PROGRAM FOR THE EDUCATION AND  TRAIN-
 ING  IN  ETHICS AND LOBBYING FOR THOSE SUBJECT TO THE PROVISIONS OF THIS
 SECTION, AS FOLLOWS:
   (A) THE COMMISSION SHALL DEVELOP AND ADMINISTER  A  COMPREHENSIVE  AND
 INTERACTIVE  LIVE-IN  PERSON  OR  LIVE-ONLINE ETHICS TRAINING COURSE AND
 SHALL DESIGNATE AND TRAIN INSTRUCTORS TO  CONDUCT  SUCH  TRAINING.  SUCH
 LIVE  COURSE  SHALL  BE DESIGNED TO INCLUDE PRACTICAL APPLICATION OF THE
 MATERIAL COVERED AND A QUESTION-AND-ANSWER PARTICIPATORY SEGMENT. UNLESS
 THE COMMISSION GRANTS AN EXTENSION  OR  WAIVER  FOR  GOOD  CAUSE  SHOWN,
 STATEWIDE ELECTED OFFICIALS, MEMBERS OF THE LEGISLATURE AND EMPLOYEES OF
 THE LEGISLATURE, AND STATE OFFICERS AND EMPLOYEES AS DEFINED IN SECTIONS
 SEVENTY-THREE,  SEVENTY-THREE-A, AND SEVENTY-FOUR OF THE PUBLIC OFFICERS
 LAW, AND THE POLITICAL PARTY CHAIR AS IS  DEFINED  IN  SECTION  SEVENTY-
 THREE  OF THE PUBLIC OFFICERS LAW, SHALL COMPLETE THE LIVE COURSE WITHIN
 NINETY DAYS OF APPOINTMENT OR EMPLOYMENT AND  SHALL  COMPLETE  THE  LIVE
 COURSE EVERY TWO YEARS SUBSEQUENTLY.
   (B)  THE  COMMISSION  SHALL  DEVELOP  AND  ADMINISTER AN ONLINE ETHICS
 REFRESHER COURSE FOR ALL INDIVIDUALS LISTED UNDER  SUBPARAGRAPH  (I)  OF
 THIS  PARAGRAPH  WHO  HAVE  PREVIOUSLY COMPLETED THE LIVE COURSE.   SUCH
 REFRESHER COURSE SHALL BE DESIGNED TO INCLUDE ANY CHANGES IN LAW,  REGU-
 LATION, OR POLICY OR IN THE INTERPRETATION THEREOF, AND PRACTICAL APPLI-
 CATION  OF THE MATERIAL COVERED.  UNLESS THE COMMISSION GRANTS AN EXTEN-
 SION OR WAIVER FOR GOOD CAUSE SHOWN, SUCH INDIVIDUALS  SHALL  TAKE  SUCH
 REFRESHER  COURSE ONCE EVERY YEAR AFTER HAVING COMPLETED THE LIVE COURSE
 UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) THE COMMISSION SHALL DEVELOP AND ADMINISTER AN ONLINE  LIVE  QUES-
 TION AND ANSWER COURSE FOR AGENCY ETHICS OFFICERS.
   (D)  THE  COMMISSION SHALL DEVELOP AND ADMINISTER TRAINING COURSES FOR
 LOBBYISTS AND CLIENTS OF LOBBYISTS.
   (E) THE PROVISIONS OF THIS SUBDIVISION  SHALL  BE  APPLICABLE  TO  THE
 LEGISLATURE  EXCEPT  TO  THE  EXTENT  THAT AN ETHICS TRAINING PROGRAM IS
 OTHERWISE ESTABLISHED BY THE ASSEMBLY AND/OR SENATE FOR THEIR RESPECTIVE
 MEMBERS AND EMPLOYEES AND SUCH PROGRAM MEETS  OR  EXCEEDS  EACH  OF  THE
 REQUIREMENTS SET FORTH IN THIS SUBDIVISION.
 S. 8006--C                         158                        A. 9006--C
 
   (F)  ON  AN  ANNUAL  BASIS,  THE  COMMISSION, IN COORDINATION WITH THE
 LEGISLATIVE ETHICS COMMISSION, SHALL DETERMINE THE STATUS OF  COMPLIANCE
 WITH  THE  TRAINING  REQUIREMENTS  UNDER  THIS SUBDIVISION BY EACH STATE
 AGENCY AND BY THE SENATE AND  THE  ASSEMBLY.  SUCH  DETERMINATION  SHALL
 INCLUDE  AGGREGATE  STATISTICS  REGARDING PARTICIPATION IN SUCH TRAINING
 AND SHALL BE REPORTED ON A QUARTERLY  BASIS  TO  THE  GOVERNOR  AND  THE
 LEGISLATURE IN WRITING.
   9.  FINANCIAL  DISCLOSURE STATEMENTS.  (A) THE COMMISSION MAY DELEGATE
 ALL OR PART OF REVIEW, INQUIRY AND ADVICE IN THIS SECTION TO  THE  STAFF
 UNDER THE SUPERVISION OF THE EXECUTIVE DIRECTOR.
   (B) THE COMMISSION SHALL MAKE AVAILABLE FORMS FOR ANNUAL STATEMENTS OF
 FINANCIAL  DISCLOSURE REQUIRED   TO  BE FILED PURSUANT TO SECTION SEVEN-
 TY-THREE-A OF THE PUBLIC OFFICERS LAW.
   (C) THE COMMISSION SHALL REVIEW THE FINANCIAL DISCLOSURE STATEMENTS OF
 THE STATEWIDE ELECTED OFFICIALS AND MEMBERS OF  THE  LEGISLATURE  WITHIN
 SIXTY  DAYS OF THEIR FILINGS TO DETERMINE, AMONG OTHER THINGS, DEFICIEN-
 CIES AND CONFLICTS.
   (D) THE COMMISSION SHALL  REVIEW  ON  A  RANDOM  BASIS  THE  FINANCIAL
 DISCLOSURE STATEMENTS FOR FILERS WHO ARE NOT STATEWIDE ELECTED OFFICIALS
 AND MEMBERS OF THE LEGISLATURE.
   (E)  THE COMMISSION SHALL REVIEW FINANCIAL DISCLOSURE STATEMENTS FILED
 IN  ACCORDANCE  WITH THE  PROVISIONS  OF THIS SECTION  AND  (I)  INQUIRE
 INTO  ANY  DISCLOSED  CONFLICT  TO  RECOMMEND  HOW  BEST TO ADDRESS SUCH
 CONFLICT; AND
   (II) ASCERTAIN WHETHER ANY PERSON SUBJECT TO  THE  REPORTING  REQUIRE-
 MENTS  OF  SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW HAS FAILED
 TO FILE SUCH A STATEMENT, HAS FILED A DEFICIENT STATEMENT OR HAS FILED A
 STATEMENT WHICH REVEALS A POSSIBLE VIOLATION OF  SECTION  SEVENTY-THREE,
 SEVENTY-THREE-A OR SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
   (F) IF A PERSON REQUIRED TO FILE A FINANCIAL DISCLOSURE STATEMENT WITH
 THE  COMMISSION HAS FAILED TO FILE A DISCLOSURE STATEMENT OR HAS FILED A
 DEFICIENT STATEMENT, THE COMMISSION SHALL NOTIFY THE REPORTING PERSON IN
 WRITING, STATE THE FAILURE TO FILE OR DETAIL THE DEFICIENCY, PROVIDE THE
 PERSON WITH A FIFTEEN-DAY PERIOD TO CURE THE DEFICIENCY, AND ADVISE  THE
 PERSON  OF  THE  PENALTIES  FOR  FAILURE  TO  COMPLY  WITH THE REPORTING
 REQUIREMENTS.  THIS FIRST NOTICE OF DEFICIENCY SHALL BE CONFIDENTIAL. IF
 THE PERSON FAILS TO MAKE SUCH FILING OR FAILS  TO  CURE  THE  DEFICIENCY
 WITHIN  THE SPECIFIED TIME PERIOD, THE COMMISSION SHALL SEND A NOTICE OF
 DELINQUENCY (I) TO THE REPORTING PERSON; (II) IN THE CASE OF A STATEWIDE
 ELECTED OFFICIAL, TO THE CHIEF OF STAFF  OR  COUNSEL  TO  THE  STATEWIDE
 ELECTED  OFFICIAL; (III) IN THE CASE OF A MEMBER OF THE LEGISLATURE OR A
 LEGISLATIVE EMPLOYEE, TO THE TEMPORARY PRESIDENT OF THE SENATE  AND  THE
 SPEAKER  OF  THE  ASSEMBLY;  AND  (IV)  IN  THE CASE OF A STATE OFFICER,
 EMPLOYEE OR BOARD MEMBER, TO THE APPOINTING AUTHORITY FOR  SUCH  PERSON.
 SUCH  NOTICE OF DELINQUENCY MAY BE SENT AT ANY TIME DURING THE REPORTING
 PERSON'S SERVICE AS A  STATEWIDE  ELECTED  OFFICIAL,  STATE  OFFICER  OR
 EMPLOYEE, MEMBER OF THE ASSEMBLY OR THE SENATE, OR A LEGISLATIVE EMPLOY-
 EE OR A POLITICAL PARTY CHAIR OR WHILE A CANDIDATE FOR STATEWIDE OFFICE,
 OR  WITHIN  ONE  YEAR AFTER TERMINATION OF SUCH SERVICE OR CANDIDACY.  A
 COPY OF ANY NOTICE OF DELINQUENCY OR REPORT SHALL  BE  INCLUDED  IN  THE
 REPORTING  PERSON'S  FILE  AND  BE AVAILABLE FOR PUBLIC  INSPECTION  AND
 COPYING PURSUANT TO THE PROVISIONS OF THIS SECTION.  THE JURISDICTION OF
 THE COMMISSION, WHEN ACTING PURSUANT TO THIS SUBDIVISION WITH RESPECT TO
 FINANCIAL DISCLOSURE, SHALL CONTINUE FOR TWO YEARS NOTWITHSTANDING  THAT
 THE  REPORTING  PERSON  SEPARATES  FROM STATE SERVICE, OR CEASES TO HOLD
 PUBLIC OR POLITICAL PARTY OFFICE, OR CEASES TO BE A CANDIDATE,  PROVIDED
 S. 8006--C                         159                        A. 9006--C
 
 THE  COMMISSION  NOTIFIES  SUCH PERSON OF THE ALLEGED FAILURE TO FILE OR
 DEFICIENT FILING PURSUANT TO THIS SUBDIVISION.
   (G)  THE  COMMISSION  SHALL  ADOPT A PROCEDURE WHEREBY A PERSON WHO IS
 REQUIRED TO FILE AN  ANNUAL  FINANCIAL  DISCLOSURE  STATEMENT  WITH  THE
 COMMISSION  MAY  REQUEST  AN  ADDITIONAL  PERIOD OF TIME WITHIN WHICH TO
 FILE  SUCH STATEMENT, OTHER THAN MEMBERS OF THE LEGISLATURE,  CANDIDATES
 FOR  MEMBERS OF THE LEGISLATURE AND LEGISLATIVE EMPLOYEES, DUE TO JUSTI-
 FIABLE CAUSE OR UNDUE HARDSHIP.
   (H) THE COMMISSION MAY PERMIT ANY PERSON WHO IS  REQUIRED  TO  FILE  A
 FINANCIAL   DISCLOSURE STATEMENT WITH THE COMMISSION TO REQUEST THAT THE
 COMMISSION DELETE FROM  THE  COPY  THEREOF  MADE  AVAILABLE  FOR  PUBLIC
 INSPECTION  AND  COPYING  ONE OR MORE  ITEMS OF INFORMATION WHICH MAY BE
 DELETED BY THE COMMISSION UPON A FINDING  BY  THE  COMMISSION  THAT  THE
 INFORMATION  WHICH WOULD OTHERWISE  BE REQUIRED  TO  BE  MADE  AVAILABLE
 FOR PUBLIC INSPECTION AND COPYING WILL HAVE NO MATERIAL BEARING  ON  THE
 DISCHARGE  OF  THE  REPORTING  PERSON'S OFFICIAL DUTIES. IF SUCH REQUEST
 FOR  DELETION  IS DENIED, THE COMMISSION, IN ITS NOTIFICATION OF DENIAL,
 SHALL INFORM THE PERSON OF THEIR  RIGHT  TO  APPEAL    THE  COMMISSION'S
 DETERMINATION IN A PROCEEDING COMMENCED AGAINST THE COMMISSION, PURSUANT
 TO ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRACTICE LAW AND RULES.
   (I)  THE  COMMISSION MAY PERMIT   ANY PERSON WHO IS REQUIRED TO FILE A
 FINANCIAL  DISCLOSURE  STATEMENT  WITH  THE  COMMISSION  TO  REQUEST  AN
 EXEMPTION FROM ANY  REQUIREMENT  TO  REPORT  ONE OR MORE ITEMS OF INFOR-
 MATION  WHICH  PERTAIN  TO  SUCH  PERSON'S  SPOUSE, DOMESTIC PARTNER, OR
 UNEMANCIPATED CHILDREN WHICH   ITEM OR ITEMS  MAY  BE  EXEMPTED  BY  THE
 COMMISSION UPON A FINDING BY THE COMMISSION  THAT THE REPORTING INDIVID-
 UAL'S  SPOUSE, DOMESTIC PARTNER, ON THEIR OWN BEHALF, OR ON BEHALF OF AN
 UNEMANCIPATED CHILD, OBJECTS TO PROVIDING THE INFORMATION  NECESSARY  TO
 MAKE  SUCH  DISCLOSURE AND THAT THE  INFORMATION  WHICH  WOULD OTHERWISE
 BE   REQUIRED TO BE REPORTED SHALL  HAVE  NO  MATERIAL  BEARING  ON  THE
 DISCHARGE  OF    THE   REPORTING   PERSON'S   OFFICIAL DUTIES.   IF SUCH
 REQUEST FOR EXEMPTION IS DENIED, THE COMMISSION, IN ITS NOTIFICATION  OF
 DENIAL,  SHALL  INFORM  THE  PERSON OF THEIR RIGHT TO APPEAL THE COMMIS-
 SION'S DETERMINATION, PURSUANT TO ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL
 PRACTICE LAW AND RULES.
   (J)  THE COMMISSION MAY PERMIT ANY PERSON REQUIRED TO FILE A FINANCIAL
 DISCLOSURE STATEMENT TO REQUEST AN EXEMPTION  FROM  ANY  REQUIREMENT  TO
 REPORT  THE IDENTITY OF A CLIENT PURSUANT TO THE QUESTION UNDER SUBPARA-
 GRAPH (B) OF PARAGRAPH EIGHT OF SUBDIVISION THREE OF SECTION    SEVENTY-
 THREE-A   OF   THE   PUBLIC OFFICERS LAW IN SUCH STATEMENT BASED UPON AN
 EXEMPTION SET FORTH IN SUCH QUESTION. THE REPORTING INDIVIDUAL NEED  NOT
 SEEK  AN  EXEMPTION  TO  REFRAIN FROM   DISCLOSING   THE IDENTITY OF ANY
 CLIENT WITH RESPECT TO ANY MATTER WHERE THEY OR  THEIR  FIRM    PROVIDED
 LEGAL  REPRESENTATION  TO  THE  CLIENT  IN CONNECTION WITH  AN  INVESTI-
 GATION   OR  PROSECUTION  BY LAW ENFORCEMENT AUTHORITIES, BANKRUPTCY, OR
 DOMESTIC   RELATIONS   MATTERS.   IN   ADDITION,  CLIENTS  OR  CUSTOMERS
 RECEIVING  MEDICAL OR DENTAL SERVICES, MENTAL HEALTH SERVICES,  RESIDEN-
 TIAL   REAL   ESTATE   BROKERING   SERVICES,    OR  INSURANCE  BROKERING
 SERVICES NEED NOT BE DISCLOSED. PENDING  ANY APPLICATION FOR DELETION OR
 EXEMPTION  TO  THE  COMMISSION  RELATING  TO  THE  FILING OF A FINANCIAL
 DISCLOSURE  STATEMENT, ALL INFORMATION WHICH IS THE SUBJECT OR  PART  OF
 THE APPLICATION SHALL REMAIN CONFIDENTIAL. UPON AN ADVERSE DETERMINATION
 BY    THE   COMMISSION, THE   REPORTING INDIVIDUAL MAY REQUEST, AND UPON
 SUCH REQUEST THE COMMISSION SHALL PROVIDE, THAT ANY INFORMATION THAT  IS
 THE SUBJECT OR PART  OF THE  APPLICATION REMAIN CONFIDENTIAL FOR A PERI-
 OD  OF  THIRTY DAYS FOLLOWING NOTICE OF SUCH DETERMINATION. IN THE EVENT
 S. 8006--C                         160                        A. 9006--C
 
 THAT THE REPORTING  INDIVIDUAL   RESIGNS THEIR   OFFICE   AND  HOLDS  NO
 OTHER OFFICE SUBJECT TO THE JURISDICTION OF THE COMMISSION, THE INFORMA-
 TION SHALL NOT BE MADE PUBLIC AND SHALL BE EXPUNGED IN ITS ENTIRETY.
   (K) THE COMMISSION SHALL PERMIT ANY PERSON WHO HAS NOT BEEN DETERMINED
 BY  THE PERSON'S  APPOINTING AUTHORITY  TO  HOLD  A  POLICY-MAKING POSI-
 TION,  BUT  WHO  IS OTHERWISE REQUIRED  TO  FILE  A   FINANCIAL  DISCLO-
 SURE    STATEMENT   TO   REQUEST   AN EXEMPTION FROM SUCH REQUIREMENT IN
 ACCORDANCE WITH RULES AND REGULATIONS GOVERNING   SUCH EXEMPTIONS.  SUCH
 RULES  AND REGULATIONS SHALL PROVIDE FOR EXEMPTIONS TO BE GRANTED EITHER
 ON THE APPLICATION OF AN  INDIVIDUAL  OR ON  BEHALF OF PERSONS WHO SHARE
 THE SAME JOB TITLE OR EMPLOYMENT  CLASSIFICATION  WHICH  THE  COMMISSION
 DEEMS  TO BE   COMPARABLE   FOR  PURPOSES  OF THIS  SECTION.  SUCH RULES
 AND REGULATIONS MAY PERMIT THE GRANTING OF AN EXEMPTION  WHERE,  IN  THE
 DISCRETION  OF  THE COMMISSION, THE PUBLIC  INTEREST  DOES  NOT  REQUIRE
 DISCLOSURE  AND  THE  APPLICANT'S DUTIES DO NOT INVOLVE THE NEGOTIATION,
 AUTHORIZATION OR APPROVAL OF:
   (I) CONTRACTS, LEASES, FRANCHISES,  REVOCABLE  CONSENTS,  CONCESSIONS,
 VARIANCES,  SPECIAL  PERMITS,  OR  LICENSES AS SUCH TERMS ARE DEFINED IN
 SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW;
   (II)  THE PURCHASE, SALE, RENTAL OR LEASE OF REAL  PROPERTY,  GOODS OR
 SERVICES, OR A CONTRACT THEREFOR;
   (III) THE OBTAINING OF GRANTS OF MONEY OR LOANS; OR
   (IV) THE ADOPTION OR REPEAL OF ANY RULE OR REGULATION HAVING THE FORCE
 AND EFFECT OF LAW.
   10. INVESTIGATION AND ENFORCEMENT.  (A) THE COMMISSION  SHALL  RECEIVE
 COMPLAINTS   AND REFERRALS ALLEGING VIOLATIONS OF SECTION SEVENTY-THREE,
 SEVENTY-THREE-A OR SEVENTY-FOUR OF  THE  PUBLIC   OFFICERS LAW,  ARTICLE
 ONE-A  OF THE LEGISLATIVE LAW, OR SECTION ONE HUNDRED SEVEN OF THE CIVIL
 SERVICE LAW.
   (B) UPON THE RECEIPT OF A COMPLAINT, REFERRAL, OR THE COMMENCEMENT  OF
 AN  INVESTIGATION,  MEMBERS  OF  THE  COMMISSION  SHALL  DISCLOSE TO THE
 COMMISSION ANY PERSONAL, PROFESSIONAL, FINANCIAL,  OR  OTHER  DIRECT  OR
 INDIRECT  RELATIONSHIPS  A  MEMBER  OF  THE  COMMISSION  MAY HAVE WITH A
 COMPLAINANT OR RESPONDENT. IF ANY COMMISSIONER DETERMINES A CONFLICT  OF
 INTEREST MAY EXIST, THE COMMISSIONER SHALL, IN WRITING, NOTIFY THE OTHER
 MEMBERS  OF THE COMMISSION SETTING FORTH THE POSSIBLE CONFLICT OF INTER-
 EST. THE COMMISSIONER MAY RECUSE THEMSELF FROM ALL  SUBSEQUENT  INVOLVE-
 MENT IN THE CONSIDERATION AND DETERMINATION OF THE MATTER. IF, AFTER THE
 DISCLOSURE,  THE  COMMISSIONER DOES NOT RECUSE THEMSELF FROM THE MATTER,
 THE COMMISSION, BY A MAJORITY VOTE FINDING THAT THE  DISCLOSED  INFORMA-
 TION  CREATES  A  SUBSTANTIAL  CONFLICT  OF  INTEREST,  SHALL REMOVE THE
 CONFLICTED COMMISSIONER FROM ALL SUBSEQUENT INVOLVEMENT IN THE CONSIDER-
 ATION AND DETERMINATION OF THE MATTER, PROVIDED THE REASON FOR THE DECI-
 SION IS CLEARLY STATED IN THE DETERMINATION OF THE COMMISSION.
   (C) THE COMMISSION SHALL CONDUCT ANY INVESTIGATION NECESSARY TO  CARRY
 OUT THE PROVISIONS OF THIS SECTION. PURSUANT TO THIS POWER AND DUTY, THE
 COMMISSION  MAY  ADMINISTER  OATHS  OR AFFIRMATIONS, SUBPOENA WITNESSES,
 COMPEL THEIR ATTENDANCE AND TESTIMONY, AND REQUIRE THE PRODUCTION OF ANY
 BOOKS OR RECORDS WHICH IT MAY DEEM RELEVANT OR MATERIAL.  THE COMMISSION
 MAY, BY A MAJORITY VOTE AND PURSUANT TO REGULATIONS ADOPTED PURSUANT  TO
 THE STATE ADMINISTRATIVE PROCEDURE ACT, DELEGATE TO THE EXECUTIVE DIREC-
 TOR THE AUTHORITY TO ISSUE SUBPOENAS, PROVIDED THAT THE EXECUTIVE DIREC-
 TOR FIRST NOTIFY THE CHAIR OF THE COMMISSION.
   (D) THE COMMISSION STAFF SHALL REVIEW AND INVESTIGATE, AS APPROPRIATE,
 ANY INFORMATION IN THE NATURE OF A COMPLAINT OR REFERRAL RECEIVED BY THE
 COMMISSION  OR INITIATED BY THE COMMISSION, INCLUDING THROUGH ITS REVIEW
 S. 8006--C                         161                        A. 9006--C
 
 OF MEDIA REPORTS AND OTHER INFORMATION,  WHERE  THERE  IS  SPECIFIC  AND
 CREDIBLE  EVIDENCE  THAT  A VIOLATION OF SECTION SEVENTY-THREE, SEVENTY-
 THREE-A, OR SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, SECTION ONE HUNDRED
 SEVEN  OF  THE CIVIL SERVICE LAW OR ARTICLE ONE-A OF THE LEGISLATIVE LAW
 BY A PERSON OR ENTITY SUBJECT TO  THE  JURISDICTION  OF  THE  COMMISSION
 INCLUDING  MEMBERS  OF  THE  LEGISLATURE  AND  LEGISLATIVE EMPLOYEES AND
 CANDIDATES FOR MEMBERS OF THE LEGISLATURE.
   (E) THE COMMISSION SHALL NOTIFY THE  COMPLAINANT,  IF  ANY,  THAT  THE
 COMMISSION HAS RECEIVED THEIR COMPLAINT.
   (F)  IF,  FOLLOWING A PRELIMINARY REVIEW OF ANY COMPLAINT OR REFERRAL,
 THE COMMISSION OR COMMISSION STAFF DECIDES TO ELEVATE  SUCH  PRELIMINARY
 REVIEW  INTO  AN  INVESTIGATION, WRITTEN NOTICE SHALL BE PROVIDED TO THE
 RESPONDENT SETTING FORTH, TO THE EXTENT THE COMMISSION IS ABLE  TO,  THE
 POSSIBLE   OR  ALLEGED  VIOLATION  OR  VIOLATIONS  OF  SUCH  LAW  AND  A
 DESCRIPTION OF THE ALLEGATIONS AGAINST THE RESPONDENT AND THE  EVIDENCE,
 IF ANY, ALREADY GATHERED PERTAINING TO SUCH ALLEGATIONS, PROVIDED HOWEV-
 ER  THAT  ANY INFORMATION THAT MAY, IN THE JUDGMENT OF THE COMMISSION OR
 STAFF, EITHER BE PREJUDICIAL TO THE COMPLAINANT OR COMPROMISE THE INVES-
 TIGATION SHALL BE REDACTED. THE RESPONDENT SHALL HAVE FIFTEEN DAYS  FROM
 RECEIPT  OF  THE  WRITTEN  NOTICE TO PROVIDE ANY PRELIMINARY RESPONSE OR
 INFORMATION THE RESPONDENT DETERMINES  MAY  BENEFIT  THE  COMMISSION  OR
 COMMISSION  STAFF  IN  ITS WORK. AFTER THE REVIEW AND INVESTIGATION, THE
 STAFF SHALL PREPARE A REPORT TO THE COMMISSION SETTING FORTH THE ALLEGA-
 TION OR ALLEGATIONS MADE, THE EVIDENCE GATHERED IN THE REVIEW AND INVES-
 TIGATION TENDING TO SUPPORT AND DISPROVE,  IF  ANY,  THE  ALLEGATION  OR
 ALLEGATIONS,  THE  RELEVANT LAW, AND A RECOMMENDATION FOR THE CLOSING OF
 THE MATTER AS UNFOUNDED OR UNSUBSTANTIATED, FOR  SETTLEMENT,  FOR  GUID-
 ANCE,  OR  MOVING  THE MATTER TO A CONFIDENTIAL DUE PROCESS HEARING. THE
 COMMISSION SHALL, BY MAJORITY VOTE, RETURN THE MATTER TO THE  STAFF  FOR
 FURTHER INVESTIGATION OR ACCEPT OR REJECT THE STAFF RECOMMENDATION.
   (G) IN AN INVESTIGATION INVOLVING A VICTIM THE COMMISSION SHALL ENSURE
 THAT  ANY  INTERVIEW  OF   SUCH VICTIM IS UPON SUCH VICTIM'S CONSENT AND
 THAT THE INVESTIGATOR OR INVESTIGATORS  INTERVIEWING  SUCH  VICTIM  HAVE
 ADEQUATE  TRAUMA INFORMED AND VICTIM CENTERED INVESTIGATIVE TRAINING. IF
 A VICTIM IS REQUESTED TO TESTIFY AT  A  HEARING,  THE  COMMISSION  SHALL
 PROVIDE  SUFFICIENT  NOTICE TO THE VICTIM OF SUCH REQUEST. REGARDLESS OF
 WHETHER A VICTIM IS REQUESTED TO OR TESTIFIES AT A HEARING,  THE  VICTIM
 SHALL  BE INFORMED AS TO HOW ANY STATEMENTS MADE OR INFORMATION PROVIDED
 WILL BE USED IN AN INVESTIGATION.
   (H) UPON THE CONCLUSION OF AN INVESTIGATION, IF THE COMMISSION,  AFTER
 CONSIDERATION  OF A STAFF REPORT, DETERMINES BY MAJORITY VOTE THAT THERE
 IS CREDIBLE EVIDENCE OF A VIOLATION OF THE LAWS UNDER ITS  JURISDICTION,
 IT SHALL PROVIDE THE RESPONDENT TIMELY NOTICE FOR A DUE PROCESS HEARING.
 THE  COMMISSION  SHALL ALSO INFORM THE RESPONDENT OF ITS RULES REGARDING
 THE CONDUCT OF ADJUDICATORY PROCEEDINGS AND APPEALS AND  THE  OTHER  DUE
 PROCESS  PROCEDURAL  MECHANISMS AVAILABLE TO THE RESPONDENT.  IF AFTER A
 HEARING THE COMPLAINT IS UNSUBSTANTIATED OR  UNFOUNDED,  THE  COMMISSION
 SHALL  PROVIDE  WRITTEN  NOTICE TO THE  RESPONDENT, COMPLAINANT, IF ANY,
 AND VICTIM, IF ANY, PROVIDED THAT SUCH  NOTICE  SHALL  NOT  INCLUDE  ANY
 PERSONALLY  IDENTIFYING  INFORMATION  OR INFORMATION TENDING TO IDENTIFY
 ANY PARTY INVOLVED IN AN INVESTIGATION.
   (I) THE HEARING SHALL BE CONDUCTED BEFORE AN  INDEPENDENT  ARBITRATOR.
 SUCH  HEARING  SHALL AFFORD THE RESPONDENT WITH A REASONABLE OPPORTUNITY
 TO APPEAR IN PERSON, AND BY  ATTORNEY,  GIVE  SWORN  TESTIMONY,  PRESENT
 EVIDENCE, AND CROSS-EXAMINE WITNESSES.
 S. 8006--C                         162                        A. 9006--C
 
   (J)  THE COMMISSION MAY, AT ANY TIME, DEVELOP PROCEDURES AND RULES FOR
 RESOLUTION OF DE MINIMUS  OR  MINOR  VIOLATIONS  THAT  CAN  BE  RESOLVED
 OUTSIDE OF THE ENFORCEMENT PROCESS, INCLUDING THE SENDING OF A CONFIDEN-
 TIAL GUIDANCE OR EDUCATIONAL LETTER.
   (K)  THE  JURISDICTION  OF THE COMMISSION WHEN ACTING PURSUANT TO THIS
 SECTION SHALL CONTINUE NOTWITHSTANDING THAT A STATEWIDE ELECTED OFFICIAL
 OR A STATE OFFICER OR EMPLOYEE OR MEMBER OF THE LEGISLATURE OR  LEGISLA-
 TIVE  EMPLOYEE  SEPARATES FROM STATE SERVICE, OR A POLITICAL PARTY CHAIR
 CEASES TO HOLD SUCH OFFICE, OR A CANDIDATE CEASES TO BE A CANDIDATE,  OR
 A  LOBBYIST OR CLIENT OF A LOBBYIST CEASES TO ACT AS SUCH, PROVIDED THAT
 THE COMMISSION  NOTIFIES  SUCH  INDIVIDUAL  OR  ENTITY  OF  THE  ALLEGED
 VIOLATION  OF LAW WITHIN TWO YEARS FROM THE INDIVIDUAL'S SEPARATION FROM
 STATE SERVICE OR TERMINATION OF PARTY SERVICE OR CANDIDACY, OR FROM  THE
 LAST  REPORT  FILED  PURSUANT  TO  ARTICLE ONE-A OF THE LEGISLATIVE LAW.
 NOTHING IN THIS SECTION SHALL SERVE TO LIMIT  THE  JURISDICTION  OF  THE
 COMMISSION  IN ENFORCEMENT OF SUBDIVISION EIGHT OF SECTION SEVENTY-THREE
 OF THE PUBLIC OFFICERS LAW.
   (L) IF THE COMMISSION'S VOTE TO PROCEED TO A DUE PROCESS HEARING AFTER
 THE COMPLETION OF AN INVESTIGATION DOES NOT CARRY, THE COMMISSION  SHALL
 PROVIDE  WRITTEN  NOTICE OF THE DECISION TO THE RESPONDENT, COMPLAINANT,
 IF ANY, AND VICTIM, IF ANY, PROVIDED THAT SUCH NOTICE SHALL NOT  INCLUDE
 ANY PERSONALLY IDENTIFYING INFORMATION OR INFORMATION TENDING TO IDENTI-
 FY ANY PARTY INVOLVED IN AN INVESTIGATION.
   (M) IF THE COMMISSION DETERMINES A COMPLAINT OR REFERRAL LACKS SPECIF-
 IC  AND CREDIBLE EVIDENCE OF A VIOLATION OF THE LAWS UNDER ITS JURISDIC-
 TION, OR A MATTER IS CLOSED DUE TO THE ALLEGATIONS BEING UNSUBSTANTIATED
 PRIOR TO A VOTE BY THE COMMISSION, SUCH RECORDS AND ALL RELATED MATERIAL
 SHALL BE EXEMPT FROM PUBLIC DISCLOSURE UNDER ARTICLE SIX OF  THE  PUBLIC
 OFFICERS  LAW,  EXCEPT THE COMMISSION'S VOTE SHALL BE PUBLICLY DISCLOSED
 IN ACCORDANCE WITH ARTICLES SIX AND SEVEN OF THE  PUBLIC  OFFICERS  LAW.
 THE  COMMISSION  SHALL  PROVIDE  WRITTEN  NOTICE OF SUCH CLOSURE TO  THE
 RESPONDENT, COMPLAINANT, IF ANY, OR VICTIM, IF ANY, PROVIDED  THAT  SUCH
 NOTICE  SHALL  NOT  INCLUDE  ANY  PERSONALLY  IDENTIFYING INFORMATION OR
 INFORMATION TENDING TO IDENTIFY ANY PARTY INVOLVED IN AN INVESTIGATION.
   (N) (I) AN INDIVIDUAL SUBJECT TO THE JURISDICTION  OF  THE  COMMISSION
 WHO  KNOWINGLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF SUBDIVISIONS
 TWO THROUGH FIVE-A, SEVEN, EIGHT, TWELVE OR FOURTEEN  THROUGH  SEVENTEEN
 OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW, SECTION ONE HUNDRED
 SEVEN  OF THE CIVIL SERVICE LAW, OR A REPORTING INDIVIDUAL WHO KNOWINGLY
 AND WILLFULLY FAILS TO FILE AN ANNUAL STATEMENT OF FINANCIAL  DISCLOSURE
 OR  WHO  KNOWINGLY  AND  WILLFULLY  WITH INTENT TO DECEIVE MAKES A FALSE
 STATEMENT OR FRAUDULENT OMISSION OR GIVES INFORMATION WHICH  SUCH  INDI-
 VIDUAL KNOWS TO BE FALSE ON SUCH STATEMENT OF FINANCIAL DISCLOSURE FILED
 PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW, SHALL BE
 SUBJECT  TO  A  CIVIL  PENALTY IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND
 DOLLARS AND THE VALUE OF ANY GIFT, COMPENSATION OR BENEFIT RECEIVED AS A
 RESULT OF SUCH VIOLATION.
   (II) AN  INDIVIDUAL  WHO  KNOWINGLY  AND  INTENTIONALLY  VIOLATES  THE
 PROVISIONS  OF  PARAGRAPH A, B, C, D, E, G, OR I OF SUBDIVISION THREE OF
 SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, SHALL BE SUBJECT  TO  A
 CIVIL  PENALTY  IN  AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS AND THE
 VALUE OF ANY GIFT, COMPENSATION OR BENEFIT RECEIVED AS A RESULT OF  SUCH
 VIOLATION.
   (III)  AN INDIVIDUAL SUBJECT TO THE JURISDICTION OF THE COMMISSION WHO
 KNOWINGLY AND WILLFULLY VIOLATES ARTICLE ONE-A OF  THE  LEGISLATIVE  LAW
 SHALL BE SUBJECT TO CIVIL PENALTY AS PROVIDED FOR IN THAT ARTICLE.
 S. 8006--C                         163                        A. 9006--C
 
   (IV)  WITH  RESPECT TO A POTENTIAL VIOLATION OF ANY CRIMINAL LAW WHERE
 THE COMMISSION FINDS SUFFICIENT CAUSE BY A MAJORITY VOTE, IT SHALL REFER
 SUCH MATTER TO THE APPROPRIATE LAW  ENFORCEMENT  AUTHORITY  FOR  FURTHER
 INVESTIGATION.
   (V)  IN ASSESSING THE AMOUNT OF THE CIVIL PENALTIES TO BE IMPOSED, THE
 COMMISSION SHALL CONSIDER THE SERIOUSNESS OF THE VIOLATION,  THE  AMOUNT
 OF  GAIN TO THE INDIVIDUAL AND WHETHER THE INDIVIDUAL PREVIOUSLY HAD ANY
 CIVIL OR CRIMINAL PENALTIES IMPOSED PURSUANT TO THIS  SECTION,  AND  ANY
 OTHER FACTORS THE COMMISSION DEEMS APPROPRIATE.
   (VI)  A CIVIL PENALTY FOR FALSE FILING SHALL NOT BE IMPOSED UNDER THIS
 SUBDIVISION IN THE EVENT A CATEGORY  OF  "VALUE"  OR  "AMOUNT"  REPORTED
 HEREUNDER  IS  INCORRECT  UNLESS  SUCH  REPORTED  INFORMATION IS FALSELY
 UNDERSTATED.
   (VII) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  NO
 OTHER  PENALTY,  CIVIL OR CRIMINAL MAY BE IMPOSED FOR A FAILURE TO FILE,
 OR FOR A FALSE FILING, OF SUCH STATEMENT, OR A VIOLATION OF  SUBDIVISION
 SIX  OF  SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW OR SECTION ONE
 HUNDRED SEVEN OF THE CIVIL SERVICE LAW, EXCEPT THAT THE  COMMISSION  MAY
 RECOMMEND  THAT  THE  INDIVIDUAL  IN  VIOLATION  OF  SUCH SUBDIVISION OR
 SECTION BE DISCIPLINED.
   (O) THE COMMISSION SHALL BE DEEMED TO BE AN AGENCY WITHIN THE  MEANING
 OF  ARTICLE  THREE  OF  THE STATE ADMINISTRATIVE PROCEDURE ACT AND SHALL
 ADOPT RULES  GOVERNING  THE  CONDUCT  OF  ADJUDICATORY  PROCEEDINGS  AND
 APPEALS  TAKEN PURSUANT TO A PROCEEDING COMMENCED UNDER ARTICLE SEVENTY-
 EIGHT OF THE CIVIL PRACTICE LAW AND RULES RELATING TO THE ASSESSMENT  OF
 THE  CIVIL PENALTIES OR THE RECOMMENDATION OF EMPLOYEE DISCIPLINE HEREIN
 AUTHORIZED.  SUCH RULE SHALL PROVIDE FOR DUE  PROCESS  PROCEDURAL  MECH-
 ANISMS  SUBSTANTIALLY SIMILAR TO THOSE SET FORTH IN ARTICLE THREE OF THE
 STATE ADMINISTRATIVE PROCEDURE ACT BUT SUCH MECHANISMS NEED NOT BE IDEN-
 TICAL IN TERMS OR SCOPE.
   (P) (I) THE COMMISSION SHALL HAVE  JURISDICTION  TO  INVESTIGATE,  BUT
 SHALL  HAVE  NO  JURISDICTION  TO  IMPOSE  PENALTIES  OR DISCIPLINE UPON
 MEMBERS OF OR CANDIDATES FOR MEMBER OF THE  LEGISLATURE  OR  LEGISLATIVE
 EMPLOYEES  FOR  ANY  VIOLATION OF THE PUBLIC OFFICERS LAW OR SECTION ONE
 HUNDRED SEVEN OF THE CIVIL SERVICE LAW. IF, AFTER  INVESTIGATION  AND  A
 DUE  PROCESS  HEARING,  THE  COMMISSION HAS FOUND, BY A MAJORITY VOTE, A
 SUBSTANTIAL BASIS TO CONCLUDE THAT A MEMBER  OF  THE  LEGISLATURE  OR  A
 LEGISLATIVE  EMPLOYEE  OR  CANDIDATE  FOR  MEMBER OF THE LEGISLATURE HAS
 VIOLATED ANY PROVISIONS OF SUCH LAWS, IT SHALL PREPARE A WRITTEN  REPORT
 OF  ITS  FINDINGS  AND  PROVIDE A COPY OF THAT REPORT TO THE LEGISLATIVE
 ETHICS COMMISSION, AND TO SUCH INDIVIDUAL IN VIOLATION OF SUCH LAW.  THE
 COMMISSION SHALL PROVIDE TO THE LEGISLATIVE ETHICS COMMISSION COPIES  OF
 THE FULL INVESTIGATIVE FILE AND HEARING RECORD.
   (II)  WITH RESPECT TO THE INVESTIGATION OF ANY INDIVIDUAL WHO IS NOT A
 MEMBER OF THE LEGISLATURE OR A LEGISLATIVE  EMPLOYEE  OR  CANDIDATE  FOR
 MEMBER  OF  THE  LEGISLATURE, IF AFTER ITS INVESTIGATION AND DUE PROCESS
 HEARING, THE COMMISSION HAS FOUND, BY A  MAJORITY  VOTE,  A  SUBSTANTIAL
 BASIS  TO CONCLUDE THAT THE INDIVIDUAL OR ENTITY HAS VIOLATED THE PUBLIC
 OFFICERS LAW, SECTION ONE HUNDRED SEVEN OF THE CIVIL SERVICE LAW, OR THE
 LEGISLATIVE LAW, THE COMMISSION SHALL DETERMINE WHETHER, IN ADDITION  TO
 OR  IN LIEU OF ANY FINE AUTHORIZED BY THIS ARTICLE, THE MATTER SHOULD BE
 REFERRED TO THEIR EMPLOYER FOR DISCIPLINE WITH  A  WARNING,  ADMONITION,
 CENSURE, SUSPENSION OR TERMINATION OR OTHER APPROPRIATE DISCIPLINE. WITH
 REGARD  TO  STATEWIDE  ELECTED  OFFICIALS,  THE COMMISSION MAY NOT ORDER
 SUSPENSION OR TERMINATION BUT MAY RECOMMEND IMPEACHMENT. THE  COMMISSION
 SHALL  THEN  ISSUE  A REPORT CONTAINING ITS DETERMINATIONS INCLUDING ITS
 S. 8006--C                         164                        A. 9006--C
 
 FINDINGS OF FACT AND CONCLUSIONS OF LAW TO THE COMPLAINANT AND  RESPOND-
 ENT.  THE  COMMISSION  SHALL  PUBLISH  SUCH REPORT ON ITS WEBSITE WITHIN
 TWENTY DAYS OF ITS DELIVERY TO THE COMPLAINANT AND RESPONDENT.
   11.  CONFIDENTIALITY. (A) WHEN AN INDIVIDUAL BECOMES A COMMISSIONER OR
 STAFF OF THE COMMISSION, SUCH INDIVIDUAL SHALL BE  REQUIRED  TO  SIGN  A
 NON-DISCLOSURE STATEMENT.
   (B) EXCEPT AS OTHERWISE REQUIRED OR PROVIDED BY LAW, OR WHEN NECESSARY
 TO    INFORM  THE  COMPLAINANT OR RESPONDENT OF THE ALLEGED VIOLATION OF
 LAW, IF ANY, OF THE STATUS OF AN INVESTIGATION, TESTIMONY  RECEIVED,  OR
 ANY OTHER INFORMATION OBTAINED BY A COMMISSIONER OR STAFF OF THE COMMIS-
 SION,  SHALL  NOT  BE  DISCLOSED BY ANY SUCH INDIVIDUAL TO ANY PERSON OR
 ENTITY OUTSIDE OF THE COMMISSION DURING THE PENDENCY OF ANY MATTER.  ANY
 CONFIDENTIAL  COMMUNICATION  TO ANY PERSON OR ENTITY OUTSIDE THE COMMIS-
 SION RELATED TO THE MATTERS BEFORE THE COMMISSION SHALL  OCCUR  ONLY  AS
 AUTHORIZED  BY  THE  COMMISSION.  FOR  THE  PURPOSES  OF THIS PARAGRAPH,
 "MATTER" SHALL MEAN ANY COMPLAINT,  REVIEW,  INQUIRY,  OR  INVESTIGATION
 INTO ALLEGED VIOLATIONS OF THIS CHAPTER.
   (C) THE COMMISSION SHALL ESTABLISH PROCEDURES NECESSARY TO PREVENT THE
 UNAUTHORIZED DISCLOSURE OF ANY INFORMATION RECEIVED BY ANY MEMBER OF THE
 COMMISSION  OR  STAFF OF THE COMMISSION. ANY BREACHES OF CONFIDENTIALITY
 MAY BE INVESTIGATED BY THE NEW YORK STATE OFFICE OF THE INSPECTOR GENER-
 AL, ATTORNEY GENERAL, OR OTHER  APPROPRIATE  LAW  ENFORCEMENT  AUTHORITY
 UPON  A MAJORITY VOTE OF THE COMMISSION TO REFER, AND APPROPRIATE ACTION
 SHALL BE TAKEN.
   (D) ANY COMMISSION MEMBER OR PERSON EMPLOYED  BY  THE  COMMISSION  WHO
 INTENTIONALLY  AND  WITHOUT AUTHORIZATION RELEASES CONFIDENTIAL INFORMA-
 TION RECEIVED OR GENERATED BY THE COMMISSION SHALL BE GUILTY OF A  CLASS
 A MISDEMEANOR.
   12.  ANNUAL  REPORT.  (A)  THE  COMMISSION SHALL MAKE AN ANNUAL PUBLIC
 REPORT SUMMARIZING THE ACTIVITIES OF THE COMMISSION DURING THE  PREVIOUS
 YEAR  AND  RECOMMENDING ANY CHANGES IN THE LAWS GOVERNING THE CONDUCT OF
 PERSONS SUBJECT TO THE JURISDICTION OF THE  COMMISSION,  OR  THE  RULES,
 REGULATIONS  AND  PROCEDURES  GOVERNING  THE  COMMISSION'S CONDUCT. SUCH
 REPORT SHALL INCLUDE, BUT IS NOT LIMITED TO:
   (I) INFORMATION ON THE NUMBER AND TYPE OF COMPLAINTS RECEIVED  BY  THE
 COMMISSION AND THE STATUS OF SUCH COMPLAINTS;
   (II) INFORMATION ON THE NUMBER OF INVESTIGATIONS PENDING AND NATURE OF
 SUCH INVESTIGATIONS;
   (III)  WHERE  A  MATTER  HAS BEEN RESOLVED, THE DATE AND NATURE OF THE
 DISPOSITION AND ANY SANCTION IMPOSED; PROVIDED, HOWEVER, THAT SUCH ANNU-
 AL REPORT SHALL NOT CONTAIN ANY INFORMATION FOR WHICH DISCLOSURE IS  NOT
 PERMITTED PURSUANT TO THIS SECTION OR OTHER LAWS;
   (IV)  INFORMATION  REGARDING  FINANCIAL  DISCLOSURE COMPLIANCE FOR THE
 PRECEDING YEAR; AND
   (V) INFORMATION REGARDING  LOBBYING  LAW  FILING  COMPLIANCE  FOR  THE
 PRECEDING YEAR.
   (B)  SUCH  A  REPORT  SHALL BE FILED IN THE OFFICE OF THE GOVERNOR AND
 WITH THE LEGISLATURE ON OR BEFORE THE FIRST DAY OF APRIL FOR THE PRECED-
 ING YEAR.
   13. WEBSITE. (A) WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE  DATE
 OF THIS SECTION, THE COMMISSION SHALL UPDATE JCOPE'S PUBLICLY ACCESSIBLE
 WEBSITE  WHICH SHALL SET FORTH THE PROCEDURE FOR FILING A COMPLAINT WITH
 THE COMMISSION, THE FILING OF FINANCIAL DISCLOSURE STATEMENTS  FILED  BY
 STATE  OFFICERS  OR  EMPLOYEES  OR  LEGISLATIVE EMPLOYEES, THE FILING OF
 STATEMENTS REQUIRED BY ARTICLE ONE-A OF THE  LEGISLATIVE  LAW,  AND  ANY
 S. 8006--C                         165                        A. 9006--C
 
 OTHER  RECORDS  OR  INFORMATION  WHICH  THE  COMMISSION DETERMINES TO BE
 APPROPRIATE.
   (B) THE COMMISSION SHALL POST ON ITS WEBSITE THE FOLLOWING DOCUMENTS:
   (I)  THE  INFORMATION  SET  FORTH  IN AN ANNUAL STATEMENT OF FINANCIAL
 DISCLOSURE FILED PURSUANT TO SECTION SEVENTY-THREE-A OF THE PUBLIC OFFI-
 CERS LAW EXCEPT INFORMATION DELETED PURSUANT TO PARAGRAPH (G) OF  SUBDI-
 VISION  NINE  OF THIS SECTION OF STATEWIDE ELECTED OFFICIALS AND MEMBERS
 OF THE LEGISLATURE;
   (II) NOTICES OF  DELINQUENCY  SENT  UNDER  SUBDIVISION  NINE  OF  THIS
 SECTION;
   (III)  NOTICES  OF  CIVIL ASSESSMENTS IMPOSED UNDER THIS SECTION WHICH
 SHALL INCLUDE A DESCRIPTION OF THE NATURE OF THE ALLEGED WRONGDOING, THE
 PROCEDURAL HISTORY OF THE COMPLAINT,  THE  FINDINGS  AND  DETERMINATIONS
 MADE BY THE COMMISSION, AND ANY SANCTION IMPOSED;
   (IV)  THE  TERMS  OF  ANY  SETTLEMENT  OR COMPROMISE OF A COMPLAINT OR
 REFERRAL WHICH INCLUDES A FINE, PENALTY OR OTHER REMEDY;
   (V) THOSE REQUIRED TO BE HELD OR MAINTAINED PUBLICLY AVAILABLE  PURSU-
 ANT TO ARTICLE ONE-A OF THE LEGISLATIVE LAW; AND
   (VI) REPORTS ISSUED BY THE COMMISSION PURSUANT TO THIS SECTION.
   14.  ADDITIONAL  POWERS.    IN ADDITION TO ANY OTHER POWERS AND DUTIES
 SPECIFIED BY LAW, THE COMMISSION SHALL HAVE THE POWER AND DUTY TO ADMIN-
 ISTER AND ENFORCE ALL THE PROVISIONS OF THIS SECTION.
   15. SEVERABILITY.  IF ANY PART OR PROVISION OF  THIS  SECTION  OR  THE
 APPLICATION THEREOF TO ANY PERSON OR ORGANIZATION IS ADJUDGED BY A COURT
 OF  COMPETENT  JURISDICTION TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT OR IMPAIR ANY OTHER PART OR PROVISION  OR
 THE  APPLICATION  THEREOF TO ANY OTHER PERSON OR ORGANIZATION, BUT SHALL
 BE CONFINED IN ITS OPERATION TO SUCH PART OR PROVISION.
   § 3. Subdivision (f) of section 1-c of the legislative law, as amended
 by chapter 14 of the laws of 2007, is amended to read as follows:
   (f) The term "commission" shall mean the commission on [public  integ-
 rity]  ETHICS  AND LOBBYING IN GOVERNMENT created by section ninety-four
 of the executive law.
   § 4. Subdivisions 7, 9, 10, 12 and 13 of section 80 of the legislative
 law, subdivisions 7, 9, 12 and 13 as amended and subdivision 10 as added
 by section 9 of part A of chapter 399 of the laws of 2011,  are  amended
 to read as follows:
   7. The commission shall:
   a.  Appoint an executive director who shall act in accordance with the
 policies of the commission, provided that the commission may remove  the
 executive director for neglect of duty, misconduct in office, or inabil-
 ity or failure to discharge the powers or duties of office;
   b. Appoint such other staff as are necessary to assist it to carry out
 its duties under this section;
   c.  Adopt, amend, and rescind policies, rules and regulations consist-
 ent with this section to govern procedures of the commission which shall
 not be subject to the promulgation and hearing requirements of the state
 administrative procedure act;
   d. Administer the provisions of this section;
   e. Specify the procedures whereby a person who is required to file  an
 annual financial disclosure statement with the commission may request an
 additional  period  of  time within which to file such statement, due to
 justifiable cause or undue hardship; such  rules  or  regulations  shall
 provide  for  a  date  beyond which in all cases of justifiable cause or
 undue hardship no further extension of time will be granted;
 S. 8006--C                         166                        A. 9006--C
 
   f. Promulgate guidelines to assist appointing authorities in determin-
 ing which persons hold policy-making positions for purposes  of  section
 seventy-three-a of the public officers law and may promulgate guidelines
 to  assist  firms,  associations and corporations in separating affected
 persons  from  net  revenues  for purposes of subdivision ten of section
 seventy-three of the public officers law, and promulgate  guidelines  to
 assist  any  firm,  association  or  corporation in which any present or
 former statewide elected official, state officer or employee, member  of
 the  legislature  or legislative employee, or political party [chairman]
 CHAIR is a member, associate, retired member, of counsel or shareholder,
 in complying with the provisions of subdivision ten of section  seventy-
 three  of the public officers law with respect to the separation of such
 present or former statewide elected official, state officer or employee,
 member of the legislature or legislative employee,  or  political  party
 [chairman]  CHAIR  from  the  net  revenues  of the firm, association or
 corporation. Such firm, association or corporation shall not be required
 to adopt the procedures contained in the guidelines to establish compli-
 ance with subdivision ten of section seventy-three of the  public  offi-
 cers  law,  but if such firm, association or corporation does adopt such
 procedures, it shall be deemed to be in compliance with such subdivision
 ten;
   g. Make available forms for financial disclosure  statements  required
 to  be  filed  pursuant  to subdivision six of section seventy-three and
 section seventy-three-a of the public officers law as  provided  by  the
 [joint] commission on [public] ethics AND LOBBYING IN GOVERNMENT;
   h.  Review  financial  disclosure  statements  in  accordance with the
 provisions of this section, provided however, that  the  commission  may
 delegate  all  or  part  of  the  review  function relating to financial
 disclosure  statements  filed  by  legislative  employees  pursuant   to
 sections seventy-three and seventy-three-a of the public officers law to
 the  executive  director  who  shall be responsible for completing staff
 review of such statements in a manner consistent with the terms  of  the
 commission's delegation;
   i.  Upon  written request from any person who is subject to the juris-
 diction of the commission and  the  requirements  of  sections  seventy-
 three,  seventy-three-a  and  seventy-four  of  the public officers law,
 render formal advisory opinions on the requirements of said  provisions.
 A  formal  written  opinion rendered by the commission, until and unless
 amended or revoked, shall be binding on the legislative  ethics  commis-
 sion  in  any  subsequent proceeding concerning the person who requested
 the opinion and who acted in good  faith,  unless  material  facts  were
 omitted  or misstated by the person in the request for an opinion.  Such
 opinion may also be relied upon by such person, and  may  be  introduced
 and  shall  be  a  defense  in any criminal or civil action. The [joint]
 commission on [public] ethics  AND  LOBBYING  IN  GOVERNMENT  shall  not
 investigate  an  individual  for  potential violations of law based upon
 conduct approved and covered in its entirety by such an opinion,  except
 that  such opinion shall not prevent or preclude an investigation of and
 report to the legislative ethics commission concerning  the  conduct  of
 the  person who obtained it by the [joint] commission on [public] ethics
 AND LOBBYING IN GOVERNMENT  for  violations  of  section  seventy-three,
 seventy-three-a  or seventy-four of the public officers law to determine
 whether the person accurately and fully represented to  the  legislative
 ethics  commission the facts relevant to the formal advisory opinion and
 whether the person's conduct conformed to those factual representations.
 The [joint] commission ON ETHICS AND LOBBYING  IN  GOVERNMENT  shall  be
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 authorized   and   shall  have  jurisdiction  to  investigate  potential
 violations of the law arising from conduct outside of the scope  of  the
 terms of the advisory opinion; and
   j.  Issue  and  publish  generic  advisory opinions covering questions
 frequently posed to the commission, or questions common to  a  class  or
 defined  category  of  persons, or that will tend to prevent undue repe-
 tition of requests or undue complication,  and  which  are  intended  to
 provide  general  guidance  and  information  to  persons subject to the
 commission's jurisdiction;
   k. Develop educational materials and training with regard to  legisla-
 tive  ethics  for  members  of the legislature and legislative employees
 including an online ethics orientation course for newly-hired  employees
 and,  as requested by the senate or the assembly, materials and training
 in relation to a comprehensive ethics training program; and
   l. Prepare an annual report to the governor and legislature  summariz-
 ing the activities of the commission during the previous year and recom-
 mending any changes in the laws governing the conduct of persons subject
 to  the  jurisdiction  of  the commission, or the rules, regulations and
 procedures  governing  the  commission's  conduct.  Such  report   shall
 include:  (i)  a listing by assigned number of each complaint and report
 received from the [joint] commission on [public] ethics AND LOBBYING  IN
 GOVERNMENT  which  alleged a possible violation within its jurisdiction,
 including the current status of each complaint, and (ii) where a  matter
 has  been resolved, the date and nature of the disposition and any sanc-
 tion imposed,  subject  to  the  confidentiality  requirements  of  this
 section.  Such annual report shall not contain any information for which
 disclosure is not permitted  pursuant  to  subdivision  twelve  of  this
 section.
   9.  (a)  An  individual  subject to the jurisdiction of the commission
 with respect to the imposition of penalties  who  knowingly  and  inten-
 tionally  violates  the  provisions  of subdivisions two through five-a,
 seven, eight, twelve, fourteen or fifteen of  section  seventy-three  of
 the  public  officers  law  or  a reporting individual who knowingly and
 wilfully fails to file an annual statement of  financial  disclosure  or
 who  knowingly  and wilfully with intent to deceive makes a false state-
 ment or gives information which such individual knows  to  be  false  on
 such  statement of financial disclosure filed pursuant to section seven-
 ty-three-a of the public officers law shall be subject to a civil penal-
 ty in an amount not to exceed forty thousand dollars and  the  value  of
 any  gift,  compensation  or  benefit  received  as  a  result  of  such
 violation. Any such individual who knowingly and intentionally  violates
 the  provisions of paragraph a, b, c, d, e, g, or i of subdivision three
 of section seventy-four of the public officers law shall be subject to a
 civil penalty in an amount not to exceed ten thousand  dollars  and  the
 value  of any gift, compensation or benefit received as a result of such
 violation. Assessment of a civil penalty hereunder shall be made by  the
 commission  with  respect  to  persons  subject  to its jurisdiction. In
 assessing the amount of the civil penalties to be imposed,  the  commis-
 sion shall consider the seriousness of the violation, the amount of gain
 to the individual and whether the individual previously had any civil or
 criminal  penalties  imposed  pursuant  to  this  section, and any other
 factors the commission  deems  appropriate.  For  a  violation  of  this
 section,  other than for conduct which constitutes a violation of subdi-
 vision twelve, fourteen or fifteen of section seventy-three  or  section
 seventy-four  of the public officers law, the legislative ethics commis-
 sion may, in lieu of  or  in  addition  to  a  civil  penalty,  refer  a
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 violation  to  the  appropriate prosecutor and upon such conviction, but
 only after such referral, such violation shall be punishable as a  class
 A  misdemeanor.  Where  the  commission finds sufficient cause, it shall
 refer  such  matter  to  the appropriate prosecutor. A civil penalty for
 false filing may not be imposed hereunder in the  event  a  category  of
 "value" or "amount" reported hereunder is incorrect unless such reported
 information  is falsely understated. Notwithstanding any other provision
 of law to the contrary, no other  penalty,  civil  or  criminal  may  be
 imposed for a failure to file, or for a false filing, of such statement,
 or a violation of subdivision six of section seventy-three of the public
 officers  law, except that the appointing authority may impose discipli-
 nary action as otherwise provided by law. The legislative ethics commis-
 sion shall be deemed to be an agency within the meaning of article three
 of the state administrative procedure act and shall adopt rules  govern-
 ing  the  conduct of adjudicatory proceedings and appeals taken pursuant
 to a proceeding commenced under article seventy-eight of the civil prac-
 tice law and rules relating to the assessment  of  the  civil  penalties
 herein authorized. Such rules, which shall not be subject to the promul-
 gation  and  hearing  requirements of the state administrative procedure
 act, shall provide for due process procedural  mechanisms  substantially
 similar  to  those  set  forth in such article three but such mechanisms
 need not be identical in terms or scope. Assessment of a  civil  penalty
 shall  be final unless modified, suspended or vacated within thirty days
 of imposition, with respect to the assessment of such penalty, or unless
 such denial of request is reversed within such  time  period,  and  upon
 becoming  final  shall  be  subject  to  review  at  the instance of the
 affected reporting individuals in a  proceeding  commenced  against  the
 legislative  ethics commission, pursuant to article seventy-eight of the
 civil practice law and rules.
   (b) Not later than [forty-five] TWENTY  calendar  days  after  receipt
 from  the  [joint] commission on [public] ethics AND LOBBYING IN GOVERN-
 MENT of  a  written  substantial  basis  investigation  report  and  any
 supporting  documentation  or  other materials regarding a matter before
 the commission pursuant to [subdivision fourteen-a of]  section  ninety-
 four  of the executive law, unless requested by a law enforcement agency
 to suspend the commission's action because of an ongoing criminal inves-
 tigation, the legislative  ethics  commission  shall  make  public  such
 report in its entirety; provided, however, that the commission may with-
 hold  such  information  for  not more than one additional period of the
 same duration or refer the matter back  to  the  [joint]  commission  on
 [public]  ethics AND LOBBYING IN GOVERNMENT once for additional investi-
 gation, in which case the legislative ethics commission shall, upon  the
 termination of such additional period or upon receipt of a new report by
 the  [joint]  commission  on  [public] ethics AND LOBBYING IN GOVERNMENT
 after such additional investigation, make public the written report  and
 publish  it  on  the  commission's  website.  If  the legislative ethics
 commission fails to make public the written  report  received  from  the
 [joint]  commission  ON  ETHICS AND LOBBYING IN GOVERNMENT in accordance
 with this paragraph, the [joint] commission ON ETHICS  AND  LOBBYING  IN
 GOVERNMENT  shall release such report publicly promptly and in any event
 no later than ten  days  after  the  legislative  ethics  commission  is
 required to release such report. The legislative ethics commission shall
 not  refer  the matter back to the [joint] commission on [public] ethics
 AND LOBBYING IN GOVERNMENT for additional investigation more than  once.
 If  the  commission  refers the matter back to the [joint] commission ON
 ETHICS AND LOBBYING  IN  GOVERNMENT  for  additional  fact-finding,  the
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 [joint  commission's]  COMMISSION ON ETHICS AND LOBBYING IN GOVERNMENT'S
 original report shall remain confidential.
   10.  Upon  receipt  of a written report from the [joint] commission on
 [public] ethics AND LOBBYING IN GOVERNMENT pursuant to subdivision four-
 teen-a of section seventy-three of the public officers law, the legisla-
 tive ethics commission shall commence its review of the matter addressed
 in such report. No later than ninety days after receipt of such  report,
 the  legislative ethics commission shall dispose of the matter by making
 one or more of the following determinations:
   a. whether the legislative ethics commission concurs with  the  [joint
 commission's]  COMMISSION ON ETHICS AND LOBBYING IN GOVERNMENT'S conclu-
 sions of law and the reasons therefor;
   b. whether and which penalties have been assessed pursuant to applica-
 ble law or rule and the reasons therefor; and
   c. whether further actions have been taken by the commission to punish
 or deter the misconduct at issue and the reasons therefor.
   The  commission's  disposition  shall  be  reported  in  writing   and
 published  on  its website no later than ten days after such disposition
 unless requested by a law enforcement agency to suspend the commission's
 action because of an ongoing criminal investigation.
   12. a. Notwithstanding the provisions of article  six  of  the  public
 officers  law,  the only records of the commission which shall be avail-
 able for public inspection and copying are:
   (1) the terms of any settlement or compromise of a complaint or refer-
 ral or report which includes a fine, penalty  or  other  remedy  reached
 after  the  commission has received a report from the [joint] commission
 on [public] ethics AND LOBBYING IN GOVERNMENT pursuant  to  [subdivision
 fourteen-a of] section ninety-four of the executive law;
   (2) generic advisory opinions;
   (3) all reports required by this section; and
   (4)  all  reports  received  from  the  [joint] commission on [public]
 ethics AND LOBBYING IN GOVERNMENT pursuant  to  [subdivision  fourteen-a
 of]  section  ninety-four  of  the executive law and in conformance with
 paragraph (b) of subdivision [nine-b] NINE of this section.
   b. Notwithstanding the provisions of article seven of the public offi-
 cers law, no meeting or proceeding of the commission shall  be  open  to
 the  public,  except  if expressly provided otherwise by this section or
 the commission.
   13. Within one hundred twenty days  of  the  effective  date  of  this
 subdivision,  the  commission  shall  create  and  thereafter maintain a
 publicly accessible website which shall  set  forth  the  procedure  for
 filing  a  complaint  with the [joint] commission on [public] ethics AND
 LOBBYING IN GOVERNMENT, and which shall contain  any  other  records  or
 information which the commission determines to be appropriate.
   § 5. Paragraphs (c), (d) and (d-1) of subdivision 1 of section 73-a of
 the public officers law, paragraphs (c) and (d) as amended and paragraph
 (d-1)  as  added  by  section  5 of part A of chapter 399 of the laws of
 2011, are amended to read as follows:
   (c) The term "state officer or employee" shall mean:
   (i) heads of state departments and their deputies and assistants;
   (ii) officers and employees of statewide elected  officials,  officers
 and  employees of state departments, boards, bureaus, divisions, commis-
 sions, councils or other state agencies, who receive annual compensation
 in excess of the filing rate established by paragraph (l) of this subdi-
 vision or who hold policy-making positions, as  annually  determined  by
 the  appointing  authority  and  set forth in a written instrument which
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 shall be filed with the [joint] commission on [public] ethics AND LOBBY-
 ING IN GOVERNMENT established by section ninety-four  of  the  executive
 law during the month of February, provided, however, that the appointing
 authority  shall  amend  such  written instrument after such date within
 thirty days after the undertaking of policy-making responsibilities by a
 new employee or any other employee whose name did not appear on the most
 recent written instrument; and
   (iii) members or directors of public authorities,  other  than  multi-
 state  authorities, public benefit corporations and commissions at least
 one of whose members is appointed by the governor, and employees of such
 authorities, corporations and commissions  who  receive  annual  compen-
 sation in excess of the filing rate established by paragraph (l) of this
 subdivision  or who hold policy-making positions, as determined annually
 by the appointing authority and set forth in a written instrument  which
 shall be filed with the [joint] commission on [public] ethics AND LOBBY-
 ING  IN  GOVERNMENT  established by section ninety-four of the executive
 law during the month of February, provided, however, that the appointing
 authority shall amend such written instrument  after  such  date  within
 thirty days after the undertaking of policy-making responsibilities by a
 new employee or any other employee whose name did not appear on the most
 recent written instrument.
   (d) The term "legislative employee" shall mean any officer or employee
 of  the  legislature  who  receives annual compensation in excess of the
 filing rate established by paragraph (l) below or who is  determined  to
 hold  a  policy-making position by the appointing authority as set forth
 in a written instrument which shall be filed with the legislative ethics
 commission and the [joint] commission on [public] ethics AND LOBBYING IN
 GOVERNMENT.
   (d-1) A financial disclosure statement required  pursuant  to  section
 seventy-three  of  this article and this section shall be deemed "filed"
 with the [joint] commission on [public] ethics AND LOBBYING  IN  GOVERN-
 MENT upon its filing, in accordance with this section, with the legisla-
 tive  ethics  commission for all purposes including, but not limited to,
 [subdivision fourteen of] section  ninety-four  of  the  executive  law,
 subdivision  nine  of section eighty of the legislative law and subdivi-
 sion four of this section.
   § 6. Subdivision 1 of section 73-a  of  the  public  officers  law  is
 amended by adding a new paragraph (e-1) to read as follows:
   (E-1)  THE  TERM  "DOMESTIC  PARTNER"  SHALL  MEAN  A PERSON WHO, WITH
 RESPECT TO ANOTHER PERSON, IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP
 OR SIMILAR RELATIONSHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT  TO
 THE  LAWS  OF THE UNITED STATES OR ANY STATE, LOCAL OR FOREIGN JURISDIC-
 TION, OR REGISTERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY
 REGISTRY MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE,  MUNI-
 CIPALITY, OR FOREIGN JURISDICTION.
   §  7.  Subdivision  2  of  section 73-a of the public officers law, as
 amended by section 5 of part A of chapter 399 of the laws  of  2011,  is
 amended to read as follows:
   2.  (a)  Every  statewide elected official, state officer or employee,
 member of the legislature,  legislative  employee  and  political  party
 [chairman] CHAIR and every candidate for statewide elected office or for
 member  of  the  legislature shall file an annual statement of financial
 disclosure containing the information and  in  the  form  set  forth  in
 subdivision three of this section. On or before the fifteenth day of May
 with  respect  to  the  preceding calendar year: (1) every member of the
 legislature, every candidate for member of the legislature and  legisla-
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 tive  employee  shall  file  such  statement with the legislative ethics
 commission which shall provide such statement along  with  any  requests
 for exemptions or deletions to the [joint] commission on [public] ethics
 AND  LOBBYING  IN GOVERNMENT for filing and rulings with respect to such
 requests for exemptions or deletions, on or before the thirtieth day  of
 June;  and  (2)  all  other  individuals required to file such statement
 shall file it with the [joint] commission on [public] ethics AND  LOBBY-
 ING IN GOVERNMENT, except that:
   (i)  a  person  who  is  subject to the reporting requirements of this
 subdivision and who timely filed with the internal  revenue  service  an
 application  for automatic extension of time in which to file his or her
 individual income tax return for the immediately preceding  calendar  or
 fiscal  year  shall be required to file such financial disclosure state-
 ment on or before May fifteenth but may, without being subjected to  any
 civil penalty on account of a deficient statement, indicate with respect
 to  any  item  of the disclosure statement that information with respect
 thereto is lacking but will be supplied in a supplementary statement  of
 financial  disclosure, which shall be filed on or before the seventh day
 after the expiration of the period of such automatic extension  of  time
 within  which  to  file such individual income tax return, provided that
 failure to file or to timely file such supplementary statement of finan-
 cial disclosure or the filing of an incomplete or deficient supplementa-
 ry statement of financial disclosure shall be subject to the notice  and
 penalty  provisions  of  this  section  respecting  annual statements of
 financial disclosure as if such supplementary statement were  an  annual
 statement;
   (ii)  a  person who is required to file an annual financial disclosure
 statement with the [joint] commission on [public] ethics AND LOBBYING IN
 GOVERNMENT, and who is granted an additional period of time within which
 to file such statement due to justifiable cause or  undue  hardship,  in
 accordance  with required rules and regulations [on the subject] adopted
 pursuant to [paragraph c of subdivision nine of] section ninety-four  of
 the executive law shall file such statement within the additional period
 of  time granted; and the legislative ethics commission shall notify the
 [joint] commission on [public] ethics AND LOBBYING IN GOVERNMENT of  any
 extension granted pursuant to this paragraph;
   (iii)  candidates for statewide office who receive a party designation
 for nomination by a state committee pursuant to  section  6-104  of  the
 election law shall file such statement within ten days after the date of
 the meeting at which they are so designated;
   (iv)  candidates  for statewide office who receive twenty-five percent
 or more of the vote cast at the meeting  of  the  state  committee  held
 pursuant  to  section  6-104  of the election law and who demand to have
 their names placed on the primary ballot and who do not withdraw  within
 fourteen  days  after  such meeting shall file such statement within ten
 days after the last day to withdraw their names in accordance  with  the
 provisions of such section of the election law;
   (v)  candidates  for statewide office and candidates for member of the
 legislature who file party designating petitions  for  nomination  at  a
 primary  election  shall  file  such statement within ten days after the
 last day allowed by law for the filing of  party  designating  petitions
 naming them as candidates for the next succeeding primary election;
   (vi)  candidates  for  independent nomination who have not been desig-
 nated by a party to receive a nomination shall file such statement with-
 in ten days after the last day allowed by law for the  filing  of  inde-
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 pendent  nominating  petitions  naming  them  as  candidates in the next
 succeeding general or special election;
   (vii)  candidates  who receive the nomination of a party for a special
 election shall file such statement within ten days after the date of the
 meeting of the party committee at which they are nominated;
   (viii) a candidate substituted for  another  candidate,  who  fills  a
 vacancy  in  a party designation or in an independent nomination, caused
 by declination, shall file such statement within ten days after the last
 day allowed by law to file a certificate to fill a vacancy in such party
 designation or independent nomination;
   (ix) with respect to all candidates for member of the legislature, the
 legislative ethics commission shall within five days of receipt  provide
 the [joint] commission on [public] ethics AND LOBBYING IN GOVERNMENT the
 statement filed pursuant to subparagraphs (v), (vi), (vii) and (viii) of
 this paragraph.
   (b)  As used in this subdivision, the terms "party", "committee" (when
 used in conjunction with the term  "party"),  "designation",  "primary",
 "primary  election", "nomination", "independent nomination" and "ballot"
 shall have the same meanings as those contained in section 1-104 of  the
 election law.
   (c)  If  the  reporting individual is a senator or member of assembly,
 candidate for the senate or member of assembly or a legislative  employ-
 ee,  such  statement  shall  be  filed  with both the legislative ethics
 commission established by section eighty of the legislative law and  the
 [joint]  commission  on  [public]  ethics  AND LOBBYING IN GOVERNMENT in
 accordance with paragraph (d-1) of subdivision one of this  section.  If
 the  reporting individual is a statewide elected official, candidate for
 statewide elected office, a state officer or  employee  or  a  political
 party  [chairman]  CHAIR, such statement shall be filed with the [joint]
 commission on [public] ethics AND LOBBYING IN GOVERNMENT established  by
 section ninety-four of the executive law.
   (d)  The [joint] commission on [public] ethics AND LOBBYING IN GOVERN-
 MENT shall obtain from the state board of elections a list of all candi-
 dates for statewide office and for member of the legislature,  and  from
 such  list,  shall  determine and publish a list of those candidates who
 have not, within ten days after the required date for filing such state-
 ment, filed the statement required by this subdivision.
   (e) Any person required to file such statement who  commences  employ-
 ment  after  May  fifteenth  of  any year and political party [chairman]
 CHAIR shall file such statement  within  thirty  days  after  commencing
 employment  or  of  taking  the  position  of political party [chairman]
 CHAIR, as the case may be. In the case of members of the legislature and
 legislative employees, such statements shall be filed with the  legisla-
 tive  ethics  commission within thirty days after commencing employment,
 and the legislative ethics commission shall provide such  statements  to
 the  [joint]  commission  on  [public] ethics AND LOBBYING IN GOVERNMENT
 within forty-five days of receipt.
   (f) A person who may otherwise be required to file more than one annu-
 al financial disclosure statement with both the  [joint]  commission  on
 [public]  ethics  AND  LOBBYING IN GOVERNMENT and the legislative ethics
 commission in any one calendar year  may  satisfy  such  requirement  by
 filing  one  such  statement with either body and by notifying the other
 body of such compliance.
   (g) A person who is employed in more than one employment capacity  for
 one  or  more  employers  certain  of  whose  officers and employees are
 subject to filing a financial disclosure statement with the same  ethics
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 commission,  as  the  case  may be, and who receives distinctly separate
 payments of compensation for such employment shall  be  subject  to  the
 filing requirements of this section if the aggregate annual compensation
 for  all  such  employment  capacities  is  in excess of the filing rate
 notwithstanding that such person would not otherwise be required to file
 with respect to any one particular employment  capacity.  A  person  not
 otherwise  required  to  file a financial disclosure statement hereunder
 who is employed by an employer certain of whose  officers  or  employees
 are  subject to filing a financial disclosure statement with the [joint]
 commission on [public] ethics AND LOBBYING IN GOVERNMENT and who is also
 employed by an employer certain  of  whose  officers  or  employees  are
 subject  to filing a financial disclosure statement with the legislative
 ethics commission shall not be subject to  filing  such  statement  with
 either  such  commission  on the basis that his aggregate annual compen-
 sation from all such employers is in excess of the filing rate.
   (h) A statewide elected official or member of the legislature, who  is
 simultaneously a candidate for statewide elected office or member of the
 legislature,  shall  satisfy  the  filing  deadline requirements of this
 subdivision by complying only with the deadline applicable  to  one  who
 holds  a  statewide  elected office or who holds the office of member of
 the legislature.
   (i) A candidate whose name will appear on  both  a  party  designating
 petition  and  on an independent nominating petition for the same office
 or who will be listed on the election ballot for the  same  office  more
 than  once shall satisfy the filing deadline requirements of this subdi-
 vision by complying with the earliest applicable deadline only.
   (j) A member of the legislature who is elected to  such  office  at  a
 special  election  prior  to May fifteenth in any year shall satisfy the
 filing requirements of this subdivision in such year by  complying  with
 the earliest applicable deadline only.
   (k)  The [joint] commission on [public] ethics AND LOBBYING IN GOVERN-
 MENT shall post for at least five years beginning for  filings  made  on
 January  first,  two thousand thirteen the annual statement of financial
 disclosure and any amendments  filed  by  each  person  subject  to  the
 reporting requirements of this subdivision who is an elected official on
 its  website for public review within thirty days of its receipt of such
 statement or within ten days of  its  receipt  of  such  amendment  that
 reflects any corrections of deficiencies identified by the commission or
 by  the  reporting  individual  after the reporting individual's initial
 filing. Except upon an individual determination by the  commission  that
 certain  information may be deleted from a reporting individual's annual
 statement of financial disclosure, none of the information in the state-
 ment posted on the commission's website shall be otherwise deleted.
   § 8. Subparagraphs (b), (b-2) and (c) of paragraph 8 of subdivision  3
 of  section  73-a of the public officers law, as amended by section 6 of
 part K of chapter 286 of the laws  of  2016,  are  amended  to  read  as
 follows:
   (b)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
 PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
 THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR  FOR  NEW  MATTERS  FOR  EXISTING
 CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON
 OR   AFTER   JULY   FIRST,  TWO  THOUSAND  TWELVE  AND  BEFORE  DECEMBER
 THIRTY-FIRST, TWO THOUSAND FIFTEEN:
   If the reporting individual personally provides services to any person
 or entity, or works as a member or employee of a partnership  or  corpo-
 ration  that  provides  such  services  (referred  to  hereinafter  as a
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 "firm"), then identify each client or customer  to  whom  the  reporting
 individual personally provided services, or who was referred to the firm
 by  the  reporting individual, and from whom the reporting individual or
 his  or  her  firm earned fees in excess of $10,000 during the reporting
 period for such services rendered in direct connection with:
   (i) A contract in an amount totaling $50,000 or more from the state or
 any state agency for services, materials, or property;
   (ii) A grant of $25,000 or more from the state  or  any  state  agency
 during the reporting period;
   (iii)  A  grant  obtained  through a legislative initiative during the
 reporting period; or
   (iv) A case, proceeding, application or other matter  that  is  not  a
 ministerial matter before a state agency during the reporting period.
   For  purposes  of  this  question,  "referred to the firm" shall mean:
 having intentionally and knowingly taken a specific  act  or  series  of
 acts  to  intentionally  procure  for the reporting individual's firm or
 knowingly solicit or direct to the reporting individual's firm in  whole
 or  substantial  part,  a person or entity that becomes a client of that
 firm for the purposes of representation  for  a  matter  as  defined  in
 subparagraphs  (i) through (iv) of this paragraph, as the result of such
 procurement, solicitation or direction of the  reporting  individual.  A
 reporting  individual  need  not  disclose  activities  performed  while
 lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
 sion seven of section seventy-three of this article.
   The disclosure requirement in this question shall not require  disclo-
 sure  of  clients  or  customers  receiving  medical or dental services,
 mental health services, residential real estate brokering  services,  or
 insurance brokering services from the reporting individual or his or her
 firm.  The  reporting individual need not identify any client to whom he
 or she or his or her firm provided legal representation with respect  to
 investigation or prosecution by law enforcement authorities, bankruptcy,
 or  domestic  relations  matters. With respect to clients represented in
 other matters, where disclosure of a  client's  identity  is  likely  to
 cause harm, the reporting individual shall request an exemption from the
 [joint]  commission  ON  ETHICS  AND  LOBBYING IN GOVERNMENT pursuant to
 [paragraph (i-1) of subdivision nine  of]  section  ninety-four  of  the
 executive  law, provided, however, that a reporting individual who first
 enters public office after July first, two  thousand  twelve,  need  not
 report  clients  or  customers  with  respect  to  matters for which the
 reporting individual or his or her firm was retained prior  to  entering
 public office.
 Client                                     Nature of Services Provided
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
   (b-2)  APPLICABLE  ONLY  TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
 ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
 FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO  THOSE
 SERVICES  THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND FIFTEEN (FOR PURPOSES  OF  THIS  QUESTION,  "SERVICES"  SHALL  MEAN
 CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
   (i)  With  respect  to  reporting individuals who receive ten thousand
 dollars or more from employment or activity  reportable  under  question
 S. 8006--C                         175                        A. 9006--C
 
 8(a), for each client or customer NOT otherwise disclosed or exempted in
 question  8 or 13, disclose the name of each client or customer known to
 the reporting individual  to  whom  the  reporting  individual  provided
 services:  (A) who paid the reporting individual in excess of five thou-
 sand dollars for such services; or (B) who  had  been  billed  with  the
 knowledge of the reporting individual in excess of five thousand dollars
 by  the  firm  or  other entity named in question 8(a) for the reporting
 individual's services.
 Client               Services              Category of Amount
                  Actually Provided            (in Table I)
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 
 FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
 DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
   * REVIEWED DOCUMENTS AND CORRESPONDENCE;
   * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
   * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
   * CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS
     OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
   * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY
     NAME);
   * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
     REPRESENTATION OR CONSULTATION;
   * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
   * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
     RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
   * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
   (ii) With respect to reporting individuals who disclosed  in  question
 8(a)  that the reporting individual did not provide services to a client
 but provided services to a firm or business, identify  the  category  of
 amount  received  for  providing such services and describe the services
 rendered.
 Services Actually Provided                  Category of Amount (Table I)
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
   A reporting individual need not disclose  activities  performed  while
 lawfully  acting  in  his or her capacity as provided in paragraphs (c),
 (d), (e) and (f) of subdivision seven of section seventy-three  of  this
 article.
 The  disclosure  requirement  in  questions  (b-1)  and  (b-2) shall not
 require disclosing clients or customers  receiving  medical,  pharmaceu-
 tical  or  dental  services, mental health services, or residential real
 estate brokering services from the reporting individual or  his  or  her
 firm  or  if  federal  law prohibits or limits disclosure. The reporting
 individual need not identify any client to whom he or she or his or  her
 firm  provided  legal  representation  with  respect to investigation or
 prosecution by law enforcement authorities,  bankruptcy,  family  court,
 estate  planning, or domestic relations matters, nor shall the reporting
 individual identify individuals represented  pursuant  to  an  insurance
 policy  but  the  reporting  individual shall in such circumstances only
 report the entity that provides compensation to the  reporting  individ-
 S. 8006--C                         176                        A. 9006--C
 
 ual;  with  respect to matters in which the client's name is required by
 law to be kept confidential (such as  matters  governed  by  the  family
 court act) or in matters in which the reporting individual represents or
 provides  services  to  minors,  the  client's name may be replaced with
 initials. To the extent that the reporting individual,  or  his  or  her
 firm,  provided  legal  representation with respect to an initial public
 offering, and professional disciplinary  rules,  federal  law  or  regu-
 lations  restrict  the  disclosure of information relating to such work,
 the reporting individual shall (i) disclose the identity of  the  client
 and the services provided relating to the initial public offering to the
 office  of  court  administration,  who  will  maintain such information
 confidentially in a locked box; and (ii) include in his or her  response
 to  questions (b-1) and (b-2) that pursuant to this paragraph, a disclo-
 sure to the office of court administration has been made. Upon such time
 that the disclosure of information maintained in the locked  box  is  no
 longer  restricted  by  professional  disciplinary rules, federal law or
 regulation, the reporting individual shall disclose such information  in
 an  amended  disclosure statement in response to the disclosure require-
 ments in questions (b-1) and (b-2). The office of  court  administration
 shall  develop  and  maintain  a secure portal through which information
 submitted to it pursuant to this paragraph can be safely  and  confiden-
 tially  stored. With respect to clients represented in other matters not
 otherwise exempt, the reporting individual may request an  exemption  to
 publicly  disclosing the name of that client from the [joint] commission
 ON ETHICS AND LOBBYING IN GOVERNMENT pursuant  to  [paragraph  (i-1)  of
 subdivision  nine  of] section ninety-four of the executive law, or from
 the office of court administration. In such application,  the  reporting
 individual  shall  state  the  following:  "My  client  is not currently
 receiving my services or seeking my services in connection with:
   (i) A proposed bill or resolution in the senate or assembly during the
 reporting period;
   (ii) A contract in an amount totaling $10,000 or more from  the  state
 or any state agency for services, materials, or property;
   (iii)  A  grant  of $10,000 or more from the state or any state agency
 during the reporting period;
   (iv) A grant obtained through  a  legislative  initiative  during  the
 reporting period; or
   (v)  A  case,  proceeding,  application  or other matter that is not a
 ministerial matter before a state agency during the reporting period."
   In reviewing the request for an exemption, the [joint]  commission  ON
 ETHICS  AND LOBBYING IN GOVERNMENT or the office of court administration
 may consult with bar or other professional associations and the legisla-
 tive ethics commission for individuals subject to its  jurisdiction  and
 may  consider  the rules of professional conduct. In making its determi-
 nation, the [joint] commission ON ETHICS AND LOBBYING IN  GOVERNMENT  or
 the  office  of  court  administration shall conduct its own inquiry and
 shall consider factors including, but not limited to: (i) the nature and
 the size of the client; (ii) whether the client has any business  before
 the  state;  and if so, how significant the business is; and whether the
 client has any particularized interest in pending legislation and if  so
 how  significant  the  interest  is; (iii) whether disclosure may reveal
 trade secrets; (iv) whether disclosure could reasonably result in retal-
 iation against the client; (v) whether disclosure may cause  undue  harm
 to  the  client; (vi) whether disclosure may result in undue harm to the
 attorney-client relationship; and (vii) whether disclosure may result in
 an unnecessary invasion of privacy to the client.
 S. 8006--C                         177                        A. 9006--C
 
   The [joint] commission ON ETHICS AND LOBBYING IN GOVERNMENT or, as the
 case may be, the office of court administration shall  promptly  make  a
 final  determination in response to such request, which shall include an
 explanation for its determination.  The office of  court  administration
 shall  issue  its final determination within three days of receiving the
 request. Notwithstanding any other provision of law or any  professional
 disciplinary rule to the contrary, the disclosure of the identity of any
 client  or  customer  in  response to this question shall not constitute
 professional misconduct or a ground for disciplinary action of any kind,
 or form the basis for any civil or criminal cause of action or  proceed-
 ing. A reporting individual who first enters public office after January
 first,  two  thousand sixteen, need not report clients or customers with
 respect to matters for which the reporting individual or his or her firm
 was retained prior to entering public office.
   (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES  ARE
 PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR
 NEW  MATTERS  FOR  EXISTING  CLIENTS  OR CUSTOMERS WITH RESPECT TO THOSE
 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
 SAND FIFTEEN:
   If the reporting individual receives income of ten thousand dollars or
 greater  from any employment or activity reportable under question 8(a),
 identify each registered lobbyist who  has  directly  referred  to  such
 individual a client who was successfully referred to the reporting indi-
 vidual's  business  and  from  whom  the  reporting  individual  or firm
 received a fee for services in excess of five thousand  dollars.  Report
 only  those referrals that were made to a reporting individual by direct
 communication from a person known to such reporting individual to  be  a
 registered  lobbyist  at  the time the referral is made. With respect to
 each such referral, the reporting individual shall identify the  client,
 the registered lobbyist who has made the referral, the category of value
 of  the  compensation  received and a general description of the type of
 matter so referred. A reporting individual need not disclose  activities
 performed while lawfully acting pursuant to paragraphs (c), (d), (e) and
 (f)  of  subdivision seven of section seventy-three of this article. The
 disclosure requirements in this question shall  not  require  disclosing
 clients   or  customers  receiving  medical,  pharmaceutical  or  dental
 services, mental health services, or residential real  estate  brokering
 services  from the reporting individual or his or her firm or if federal
 law prohibits or limits disclosure. The reporting  individual  need  not
 identify  any client to whom he or she or his or her firm provided legal
 representation with respect  to  investigation  or  prosecution  by  law
 enforcement  authorities,  bankruptcy, family court, estate planning, or
 domestic relations matters, nor shall the reporting individual  identify
 individuals  represented pursuant to an insurance policy but the report-
 ing individual shall in such circumstances only report the  entity  that
 provides  compensation  to  the  reporting  individual;  with respect to
 matters in which the client's name is required by law to be kept  confi-
 dential (such as matters governed by the family court act) or in matters
 in  which  the  reporting  individual represents or provides services to
 minors, the client's name may be replaced with initials. To  the  extent
 that the reporting individual, or his or her firm, provided legal repre-
 sentation with respect to an initial public offering, and federal law or
 regulations  restricts  the  disclosure  of information relating to such
 work, the reporting individual shall (i) disclose the  identity  of  the
 client and the services provided relating to the initial public offering
 to  the  office of court administration, who will maintain such informa-
 S. 8006--C                         178                        A. 9006--C
 
 tion confidentially in a locked box; and (ii)  include  in  his  or  her
 response  a  statement  that pursuant to this paragraph, a disclosure to
 the office of court administration has been made. Upon  such  time  that
 the  disclosure of information maintained in the locked box is no longer
 restricted by federal law or regulation, the reporting individual  shall
 disclose such information in an amended disclosure statement in response
 to  the  disclosure requirements of this paragraph.  The office of court
 administration shall develop and maintain a secure portal through  which
 information submitted to it pursuant to this paragraph can be safely and
 confidentially  stored.  With  respect  to  clients represented in other
 matters not otherwise exempt, the reporting individual  may  request  an
 exemption  to  publicly  disclosing  the  name  of  that client from the
 [joint] commission ON ETHICS AND  LOBBYING  IN  GOVERNMENT  pursuant  to
 [paragraph  (i-1)  of  subdivision  nine  of] section ninety-four of the
 executive law, or from the  office  of  court  administration.  In  such
 application,  the  reporting  individual  shall state the following: "My
 client is not currently receiving my services or seeking my services  in
 connection with:
   (i) A proposed bill or resolution in the senate or assembly during the
 reporting period;
   (ii)  A  contract in an amount totaling $10,000 or more from the state
 or any state agency for services, materials, or property;
   (iii) A grant of $10,000 or more from the state or  any  state  agency
 during the reporting period;
   (iv)  A  grant  obtained  through  a legislative initiative during the
 reporting period; or
   (v) A case, proceeding, application or other  matter  that  is  not  a
 ministerial matter before a state agency during the reporting period."
   In  reviewing  the request for an exemption, the [joint] commission ON
 ETHICS AND LOBBYING IN GOVERNMENT or the office of court  administration
 may consult with bar or other professional associations and the legisla-
 tive  ethics  commission for individuals subject to its jurisdiction and
 may consider the rules of professional conduct. In making  its  determi-
 nation,  the  [joint] commission ON ETHICS AND LOBBYING IN GOVERNMENT or
 the office of court administration shall conduct  its  own  inquiry  and
 shall consider factors including, but not limited to: (i) the nature and
 the  size of the client; (ii) whether the client has any business before
 the state; and if so, how significant the business is; and  whether  the
 client  has any particularized interest in pending legislation and if so
 how significant the interest is; (iii)  whether  disclosure  may  reveal
 trade secrets; (iv) whether disclosure could reasonably result in retal-
 iation  against  the client; (v) whether disclosure may cause undue harm
 to the client; (vi) whether disclosure may result in undue harm  to  the
 attorney-client relationship; and (vii) whether disclosure may result in
 an unnecessary invasion of privacy to the client.
   The [joint] commission ON ETHICS AND LOBBYING IN GOVERNMENT or, as the
 case  may  be,  the office of court administration shall promptly make a
 final determination in response to such request, which shall include  an
 explanation  for  its determination.  The office of court administration
 shall issue its final determination within three days of  receiving  the
 request.  Notwithstanding any other provision of law or any professional
 disciplinary rule to the contrary, the disclosure of the identity of any
 client or customer in response to this  question  shall  not  constitute
 professional misconduct or a ground for disciplinary action of any kind,
 or  form the basis for any civil or criminal cause of action or proceed-
 ing. A reporting individual who first enters public office after  Decem-
 S. 8006--C                         179                        A. 9006--C
 
 ber  thirty-first,  two  thousand  fifteen,  need  not report clients or
 customers with respect to matters for which the reporting individual  or
 his or her firm was retained prior to entering public office.
 Client        Name of Lobbyist     Description    Category of Amount
                                    of Matter       (in Table 1)
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 
   §  9. Subdivisions 4 and 7 of section 73-a of the public officers law,
 subdivision 4 as amended by section 5 of part A of chapter  399  of  the
 laws of 2011 and subdivision 7 as added by section 3 of part CC of chap-
 ter 56 of the laws of 2015, are amended to read as follows:
   4.  A reporting individual who knowingly and wilfully fails to file an
 annual statement of financial disclosure or who knowingly  and  wilfully
 with  intent  to  deceive  makes  a false statement or gives information
 which such individual knows to be false on such statement  of  financial
 disclosure  filed  pursuant  to this section shall be subject to a civil
 penalty in an amount not to exceed forty thousand dollars. Assessment of
 a civil penalty hereunder shall be made by  the  [joint]  commission  on
 [public]  ethics AND LOBBYING IN GOVERNMENT or by the legislative ethics
 commission, as the case may be, with respect to persons subject to their
 respective jurisdictions.  The [joint] commission on [public] ethics AND
 LOBBYING IN  GOVERNMENT  acting  pursuant  to  subdivision  fourteen  of
 section  ninety-four  of  the  executive  law  or the legislative ethics
 commission acting pursuant to subdivision eleven of  section  eighty  of
 the  legislative law, as the case may be, may, in lieu of or in addition
 to a civil penalty, refer a violation to the appropriate prosecutor  and
 upon such conviction, but only after such referral, such violation shall
 be punishable as a class A misdemeanor. A civil penalty for false filing
 may  not  be  imposed  hereunder  in  the event a category of "value" or
 "amount" reported hereunder is incorrect unless such  reported  informa-
 tion  is falsely understated. Notwithstanding any other provision of law
 to the contrary, no other penalty, civil or criminal may be imposed  for
 a failure to file, or for a false filing, of such statement, except that
 the  appointing  authority  may  impose disciplinary action as otherwise
 provided by law. The [joint] commission on [public] ethics AND  LOBBYING
 IN GOVERNMENT and the legislative ethics commission shall each be deemed
 to  be an agency within the meaning of article three of the state admin-
 istrative procedure act and shall adopt rules governing the  conduct  of
 adjudicatory  proceedings  and appeals relating to the assessment of the
 civil penalties herein  authorized.  Such  rules,  which  shall  not  be
 subject  to the approval requirements of the state administrative proce-
 dure act, shall provide for due process procedural  mechanisms  substan-
 tially  similar  to those set forth in such article three but such mech-
 anisms need not be identical in terms or scope. Assessment  of  a  civil
 penalty  shall  be  final  unless  modified, suspended or vacated within
 thirty days of imposition and upon becoming final shall  be  subject  to
 review  at  the  instance  of  the  affected  reporting  individual in a
 proceeding commenced against the [joint] commission on  [public]  ethics
 AND  LOBBYING IN GOVERNMENT or the legislative ethics commission, pursu-
 ant to article seventy-eight of the civil practice law and rules.
   7. With respect to an application to either the [joint] commission  ON
 ETHICS  AND LOBBYING IN GOVERNMENT or the office of court administration
 S. 8006--C                         180                        A. 9006--C
 
 for an exemption to disclosing the name  of  a  client  or  customer  in
 response  to questions 8 (b-1), 8 (b-2) and 8 (c), all information which
 is the subject of or a part of such application shall  remain  confiden-
 tial.  The  name  of  the  client need not be disclosed by the reporting
 individual unless and until the [joint] commission ON ETHICS AND  LOBBY-
 ING IN GOVERNMENT or the office of court administration formally advises
 the reporting individual that he or she must disclose such names and the
 reporting individual agrees to represent the client. Any commissioner or
 person  employed  by  the  [joint]  commission ON ETHICS AND LOBBYING IN
 GOVERNMENT or any person employed by the office of court  administration
 who,  intentionally  and without authorization from a court of competent
 jurisdiction releases confidential information related to a request  for
 an  exemption received by the commission or the office of court adminis-
 tration shall be guilty of a class A misdemeanor.
   § 10. Paragraph (d) of subdivision 1 of section 172-e of the executive
 law, as added by section 1 of part F of chapter 286 of the laws of 2016,
 is amended to read as follows:
   (d) "Recipient entity" shall mean any corporation or  entity  that  is
 qualified  as  an  exempt  organization  or  entity by the United States
 Department of the Treasury under I.R.C. 501(c)(4) that  is  required  to
 file  a source of funding report with the [joint] commission on [public]
 ethics AND LOBBYING IN GOVERNMENT pursuant to sections one-h  and  one-j
 of the legislative law.
   §  11.  The  closing  paragraph  of  paragraph 4 of subdivision (c) of
 section 1-h of the legislative law, as amended by section 1 of part D of
 chapter 286 of the laws of 2016, is amended to read as follows:
   The [joint] commission on [public] ethics AND LOBBYING  IN  GOVERNMENT
 shall promulgate regulations to implement these requirements.
   §  12.  The  closing  paragraph  of  paragraph 4 of subdivision (c) of
 section 1-j of the legislative law, as amended by section 2 of part D of
 chapter 286 of the laws of 2016, is amended to read as follows:
   The [joint] commission on [public] ethics AND LOBBYING  IN  GOVERNMENT
 shall promulgate regulations to implement these requirements.
   § 13. Paragraph (a) of subdivision 1 of section 73 of the public offi-
 cers  law,  as amended by section 1 of part A of chapter 399 of the laws
 of 2011, is amended to read as follows:
   (a) The term "compensation" shall mean any money, thing  of  value  or
 financial  benefit  conferred  in  return for services rendered or to be
 rendered. With regard to matters undertaken by a  firm,  corporation  or
 association, compensation shall mean net revenues, as defined in accord-
 ance  with  generally  accepted  accounting principles as defined by the
 [joint] commission on [public] ethics  AND  LOBBYING  IN  GOVERNMENT  or
 legislative  ethics  commission  in relation to persons subject to their
 respective jurisdictions.
   § 14. Subdivision 1 of section  73  of  the  public  officers  law  is
 amended by adding a new paragraph (n) to read as follows:
   (N)  THE TERM "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT
 TO ANOTHER PERSON, IS FORMALLY A PARTY  IN  A  DOMESTIC  PARTNERSHIP  OR
 SIMILAR RELATIONSHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE
 LAWS  OF  THE  UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDIC-
 TION, OR REGISTERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY
 REGISTRY MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE,  MUNI-
 CIPALITY, OR FOREIGN JURISDICTION.
   § 15. Paragraph (a) of subdivision 6 of section 73 of the public offi-
 cers  law,  as amended by section 3 of part K of chapter 286 of the laws
 of 2016, is amended to read as follows:
 S. 8006--C                         181                        A. 9006--C
 
   (a) Every legislative  employee  not  subject  to  the  provisions  of
 section  seventy-three-a  of  this  chapter shall, on and after December
 fifteenth and before the following January fifteenth, in each year, file
 with the [joint] commission on [public] ethics AND LOBBYING  IN  GOVERN-
 MENT and the legislative ethics commission a financial disclosure state-
 ment of
   (1) each financial interest, direct or indirect of himself or herself,
 his or her spouse OR DOMESTIC PARTNER and his or her unemancipated chil-
 dren under the age of eighteen years in any activity which is subject to
 the  jurisdiction  of a regulatory agency or name of the entity in which
 the interest is had and whether such interest  is  over  or  under  five
 thousand dollars in value.
   (2)  every  office  and  directorship held by him or her in any corpo-
 ration, firm or enterprise which is subject to  the  jurisdiction  of  a
 regulatory  agency,  including  the  name  of  such corporation, firm or
 enterprise.
   (3) any other interest or relationship which he or she  determines  in
 his  or  her  discretion might reasonably be expected to be particularly
 affected by legislative action or  in  the  public  interest  should  be
 disclosed.
   § 16. Paragraph (h) of subdivision 8 of section 73 of the public offi-
 cers  law, as amended by section 10 of part A of chapter 399 of the laws
 of 2011, is amended to read as follows:
   (h) Notwithstanding the provisions of subparagraphs (i)  and  (ii)  of
 paragraph  (a)  of  this subdivision, a former state officer or employee
 may contract individually, or as a member or employee of a firm,  corpo-
 ration  or  association, to render services to any state agency when the
 agency head certifies in writing to the [joint] commission  on  [public]
 ethics AND LOBBYING IN GOVERNMENT that the services of such former offi-
 cer or employee are required in connection with the agency's response to
 a  disaster emergency declared by the governor pursuant to section twen-
 ty-eight of the executive law.
   § 17. Subdivisions 8-a, 8-b and 10 of section 73 of the  public  offi-
 cers law, subdivision 8-a as amended by chapter 357 of the laws of 2001,
 the  opening  paragraph  of subdivision 8-a as amended by section 11 and
 subdivision 8-b as amended by section 12 of part A of chapter 399 of the
 laws of 2011, and subdivision 10 as amended by section 5 of  part  K  of
 chapter 286 of the laws of 2016, are amended to read as follows:
   8-a.  The provisions of subparagraphs (i) and (ii) of paragraph (a) of
 subdivision eight of this section shall not apply  to  any  such  former
 state  officer  or  employee  engaged  in  any of the specific permitted
 activities defined in this subdivision that are  related  to  any  civil
 action  or  proceeding  in any state or federal court, provided that the
 attorney general has certified in writing to the [joint]  commission  on
 [public]  ethics  AND LOBBYING IN GOVERNMENT, with a copy to such former
 state officer or employee, that the services are rendered on  behalf  of
 the state, a state agency, state officer or employee, or other person or
 entity  represented  by the attorney general, and that such former state
 officer or employee has expertise,  knowledge  or  experience  which  is
 unique  or  outstanding  in  a  field or in a particular matter or which
 would otherwise be generally unavailable at a  comparable  cost  to  the
 state,  a  state  agency,  state officer or employee, or other person or
 entity represented by the attorney  general  in  such  civil  action  or
 proceeding.  In  those instances where a state agency is not represented
 by the attorney general in a civil action  or  proceeding  in  state  or
 federal  court, a former state officer or employee may engage in permit-
 S. 8006--C                         182                        A. 9006--C
 ted activities provided that the general counsel of  the  state  agency,
 after  consultation  with  the [joint] commission on [public] ethics AND
 LOBBYING IN GOVERNMENT, provides to the [joint] commission  on  [public]
 ethics  AND  LOBBYING  IN GOVERNMENT a written certification which meets
 the requirements of this subdivision. For purposes of  this  subdivision
 the  term  "permitted  activities"  shall  mean  generally  any activity
 performed at the request of the attorney general or the attorney  gener-
 al's  designee, or in cases where the state agency is not represented by
 the attorney general, the general counsel of such state agency,  includ-
 ing without limitation:
   (a) preparing or giving testimony or executing one or more affidavits;
   (b)  gathering, reviewing or analyzing information, including documen-
 tary or oral information concerning facts or opinions, attending deposi-
 tions or participating in document review or discovery;
   (c) performing investigations, examinations, inspections or  tests  of
 persons, documents or things;
   (d)  performing  audits,  appraisals, compilations or computations, or
 reporting about them;
   (e) identifying information to be sought concerning facts or opinions;
 or
   (f) otherwise assisting in the preparation for, or  conduct  of,  such
 litigation.
   Nothing  in  this  subdivision  shall  apply to the provision of legal
 representation by any former state officer or employee.
   8-b. Notwithstanding the provisions of subparagraphs (i) and  (ii)  of
 paragraph (a) of subdivision eight of this section, a former state offi-
 cer or employee may contract individually, or as a member or employee of
 a  firm,  corporation  or  association,  to render services to any state
 agency if, prior to engaging in such service, the agency head  certifies
 in  writing to the [joint] commission on [public] ethics AND LOBBYING IN
 GOVERNMENT that such former officer or employee has expertise, knowledge
 or experience with respect to a particular matter which meets the  needs
 of  the  agency and is otherwise unavailable at a comparable cost. Where
 approval of the contract is required under section one hundred twelve of
 the state finance law, the comptroller shall  review  and  consider  the
 reasons  for  such  certification.  The  [joint]  commission on [public]
 ethics AND LOBBYING IN GOVERNMENT must review and  approve  all  certif-
 ications made pursuant to this subdivision.
   10.  Nothing  contained in this section, the judiciary law, the educa-
 tion law or any other law or disciplinary rule  shall  be  construed  or
 applied  to  prohibit any firm, association or corporation, in which any
 present or former statewide elected official, state officer or employee,
 or political party [chairman] CHAIR, member of the legislature or legis-
 lative employee is a member, associate, retired member,  of  counsel  or
 shareholder,  from  appearing,  practicing,  communicating  or otherwise
 rendering services in relation to  any  matter  before,  or  transacting
 business  with  a state agency, or a city agency with respect to a poli-
 tical party [chairman] CHAIR in a county wholly included in a city  with
 a  population  of  more  than  one million, otherwise proscribed by this
 section, the judiciary law, the education law or any other law or disci-
 plinary rule with respect to such official, member of the legislature or
 officer or employee, or political party  [chairman]  CHAIR,  where  such
 statewide  elected  official,  state  officer or employee, member of the
 legislature or legislative employee, or political party [chairman] CHAIR
 does not share in the net revenues, as defined in accordance with gener-
 ally  accepted  accounting  principles  by  the  [joint]  commission  on
 S. 8006--C                         183                        A. 9006--C
 
 [public]  ethics AND LOBBYING IN GOVERNMENT or by the legislative ethics
 commission in relation to persons subject to their respective  jurisdic-
 tions,  resulting  therefrom,  or,  acting  in  good  faith,  reasonably
 believed  that  he  or  she  would  not  share in the net revenues as so
 defined; nor shall anything contained in  this  section,  the  judiciary
 law,  the  education  law  or  any  other  law  or  disciplinary rule be
 construed to prohibit any firm, association or corporation in which  any
 present or former statewide elected official, member of the legislature,
 legislative  employee,  full-time  salaried state officer or employee or
 state officer or employee who is subject to the  provisions  of  section
 seventy-three-a  of this article is a member, associate, retired member,
 of counsel or shareholder, from appearing, practicing, communicating  or
 otherwise rendering services in relation to any matter before, or trans-
 acting  business with, the court of claims, where such statewide elected
 official, member of the  legislature,  legislative  employee,  full-time
 salaried  state  officer or employee or state officer or employee who is
 subject to the provisions of section  seventy-three-a  of  this  article
 does not share in the net revenues, as defined in accordance with gener-
 ally  accepted  accounting  principles  by  the  [joint]  commission  on
 [public] ethics AND LOBBYING IN GOVERNMENT or by the legislative  ethics
 commission  in relation to persons subject to their respective jurisdic-
 tions,  resulting  therefrom,  or,  acting  in  good  faith,  reasonably
 believed  that  he  or  she  would  not  share in the net revenues as so
 defined.
   § 18. Subdivision 3 of section 73-a of the  public  officers  law,  as
 amended by section 5 of part A of chapter 399 of the laws of 2011, para-
 graph  8 as amended by section 6 of part K of chapter 286 of the laws of
 2016, and paragraph 13 as amended by section 1 of part CC of chapter  56
 of the laws of 2015, is amended to read as follows:
   3.  The  annual  statement  of  financial disclosure shall contain the
 information and shall be in the form set forth hereinbelow:
 
  ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (For calendar year ________)
 
   1. Name ______________________________________________________________
   2. (a) Title of Position _____________________________________________
      (b) Department, Agency or other Governmental Entity _______________
      (c) Address of Present Office _____________________________________
      (d) Office Telephone Number _______________________________________
   3. (a) Marital Status ______________. If married, please give spouse's
          full name [including maiden name where applicable].
      __________________________________________________________________.
      (b) FULL NAME OF DOMESTIC PARTNER (IF APPLICABLE).
      _________________________________________________________________ .
 
      (c) List the names of all unemancipated children.
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
 Answer each of the  following  questions  completely,  with  respect  to
   calendar  year  _________,  unless another period or date is otherwise
   specified. If additional space is needed, attach additional pages.
 S. 8006--C                         184                        A. 9006--C
 
   Whenever a "value" or "amount" is required to be reported herein, such
 value or amount shall be reported as being within one of  the  following
 Categories  in  Table I or Table II of this subdivision as called for in
 the question: A reporting individual  shall  indicate  the  Category  by
 letter only.
   Whenever "income" is required to be reported herein, the term "income"
 shall mean the aggregate net income before taxes from the source identi-
 fied.
   The  term "calendar year" shall mean the year ending the December 31st
 preceding the date of filing of the annual statement.
 
 4.  (a) List any  office,  trusteeship,  directorship,  partnership,  or
     position  of  any  nature,  whether  compensated or not, held by the
     reporting individual with any firm, corporation, association,  part-
     nership,  or  other  organization  other than the State of New York.
     Include compensated honorary positions; do NOT  list  membership  or
     uncompensated  honorary positions. If the listed entity was licensed
     by any state or local agency, was regulated by any state  regulatory
     agency or local agency, or, as a regular and significant part of the
     business  or  activity  of  said  entity,  did business with, or had
     matters other than ministerial matters before, any  state  or  local
     agency, list the name of any such agency.
 
                                                             State or
     Position                  Organization                 Local Agency
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
 (b) List any office, trusteeship, directorship, partnership, or position
     of  any  nature,  whether  compensated  or  not, held by the spouse,
     DOMESTIC PARTNER or unemancipated child of the reporting individual,
     with any  firm,  corporation,  association,  partnership,  or  other
     organization  other  than the State of New York. Include compensated
     honorary positions; do NOT list membership or uncompensated honorary
     positions. If the listed entity was licensed by any state  or  local
     agency,  was regulated by any state regulatory agency or local agen-
     cy, or, as a regular and significant part of the business or  activ-
     ity  of  said  entity,  did business with, or had matters other than
     ministerial matters before, any state or local agency, list the name
     of any such agency.
 
                                                             State or
     Position                  Organization                 Local Agency
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
 5.  (a) List the  name,  address  and  description  of  any  occupation,
     employment  (other  than  the employment listed under Item 2 above),
 S. 8006--C                         185                        A. 9006--C
 
     trade, business or profession engaged in by the  reporting  individ-
     ual. If such activity was licensed by any state or local agency, was
     regulated  by  any state regulatory agency or local agency, or, as a
     regular  and  significant  part  of the business or activity of said
     entity, did business with, or had  matters  other  than  ministerial
     matters before, any state or local agency, list the name of any such
     agency.
 
                                                             State or
                Name & Address                                 Local
     Position   of Organization          Description          Agency
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
 (b)  If  the  spouse,  DOMESTIC  PARTNER  or  unemancipated child of the
     reporting individual was  engaged  in  any  occupation,  employment,
     trade,  business  or  profession  which activity was licensed by any
     state or local agency, was regulated by any state regulatory  agency
     or  local agency, or, as a regular and significant part of the busi-
     ness or activity of said entity, did business with, or  had  matters
     other  than  ministerial  matters before, any state or local agency,
     list the name, address and description of such  occupation,  employ-
     ment, trade, business or profession and the name of any such agency.
 
                                                             State or
                Name & Address                                 Local
     Position   of Organization          Description          Agency
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 6.  List  any interest, in EXCESS of $1,000, held by the reporting indi-
     vidual, such individual's spouse, DOMESTIC PARTNER or  unemancipated
     child,  or  partnership  of  which  any  such person is a member, or
     corporation, 10%  or  more  of  the  stock  of  which  is  owned  or
     controlled  by any such person, whether vested or contingent, in any
     contract made or executed by a state or local agency and include the
     name of the entity which holds such interest and the relationship of
     the reporting individual or such individual's spouse, DOMESTIC PART-
     NER or such child to such entity and the interest in such  contract.
     Do NOT include bonds and notes. Do NOT list any interest in any such
     contract  on  which  final payment has been made and all obligations
     under the contract except for guarantees and  warranties  have  been
     performed,  provided,  however, that such an interest must be listed
     if there has been an ongoing dispute during the  calendar  year  for
     which this statement is filed with respect to any such guarantees or
     warranties.  Do NOT list any interest in a contract made or executed
     by a local agency after public notice and pursuant to a process  for
 S. 8006--C                         186                        A. 9006--C
 
     competitive  bidding  or  a  process  for  competitive  requests for
     proposals.
 
                  Entity       Relationship   Contracting     Category
      Self,     Which Held      to Entity       State or         of
     Spouse,    Interest in    and Interest      Local        Value of
     DOMESTIC    Contract      in Contract       Agency       Contract
     PARTNER or
     Child                                                  (In Table II)
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
 7.  List any position the reporting individual held as an officer of any
     political  party or political organization, as a member of any poli-
     tical party committee, or as a political party district leader.  The
     term  "party" shall have the same meaning as "party" in the election
     law. The term "political organization" means any party or  independ-
     ent  body as defined in the election law or any organization that is
     affiliated with or a subsidiary of a party or independent body.
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
   8.  (a) If the reporting individual practices law, is licensed by  the
 department  of  state  as  a  real estate broker or agent or practices a
 profession licensed by the department of education, or works as a member
 or employee of a firm required to register pursuant to section one-e  of
 the  legislative  law  as a lobbyist, describe the services rendered for
 which compensation was paid including a general description of the prin-
 cipal subject areas of matters undertaken by such individual and princi-
 pal duties performed. Specifically state whether the reporting  individ-
 ual  provides  services  directly  to  clients. Additionally, if such an
 individual practices with a firm or corporation  and  is  a  partner  or
 shareholder  of  the  firm or corporation, give a general description of
 principal subject areas of matters undertaken by  such  firm  or  corpo-
 ration.
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
   (b)  APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
 PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
 THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR  FOR  NEW  MATTERS  FOR  EXISTING
 CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON
 S. 8006--C                         187                        A. 9006--C
 
 OR   AFTER   JULY   FIRST,  TWO  THOUSAND  TWELVE  AND  BEFORE  DECEMBER
 THIRTY-FIRST, TWO THOUSAND FIFTEEN:
   If the reporting individual personally provides services to any person
 or  entity,  or works as a member or employee of a partnership or corpo-
 ration that  provides  such  services  (referred  to  hereinafter  as  a
 "firm"),  then  identify  each  client or customer to whom the reporting
 individual personally provided services, or who was referred to the firm
 by the reporting individual, and from whom the reporting  individual  or
 his  or  her  firm earned fees in excess of $10,000 during the reporting
 period for such services rendered in direct connection with:
   (i) A contract in an amount totaling $50,000 or more from the state or
 any state agency for services, materials, or property;
   (ii) A grant of $25,000 or more from the state  or  any  state  agency
 during the reporting period;
   (iii)  A  grant  obtained  through a legislative initiative during the
 reporting period; or
   (iv) A case, proceeding, application or other matter  that  is  not  a
 ministerial matter before a state agency during the reporting period.
   For  purposes  of  this  question,  "referred to the firm" shall mean:
 having intentionally and knowingly taken a specific  act  or  series  of
 acts  to  intentionally  procure  for the reporting individual's firm or
 knowingly solicit or direct to the reporting individual's firm in  whole
 or  substantial  part,  a person or entity that becomes a client of that
 firm for the purposes of representation  for  a  matter  as  defined  in
 subparagraphs  (i) through (iv) of this paragraph, as the result of such
 procurement, solicitation or direction of the  reporting  individual.  A
 reporting  individual  need  not  disclose  activities  performed  while
 lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
 sion seven of section seventy-three of this article.
   The disclosure requirement in this question shall not require  disclo-
 sure  of  clients  or  customers  receiving  medical or dental services,
 mental health services, residential real estate brokering  services,  or
 insurance brokering services from the reporting individual or his or her
 firm.  The  reporting individual need not identify any client to whom he
 or she or his or her firm provided legal representation with respect  to
 investigation or prosecution by law enforcement authorities, bankruptcy,
 or  domestic  relations  matters. With respect to clients represented in
 other matters, where disclosure of a  client's  identity  is  likely  to
 cause harm, the reporting individual shall request an exemption from the
 [joint]  commission pursuant to [paragraph (i-1) of subdivision nine of]
 section ninety-four of the executive  law,  provided,  however,  that  a
 reporting  individual  who  first enters public office after July first,
 two thousand twelve, need not report clients or customers  with  respect
 to  matters  for  which  the reporting individual or his or her firm was
 retained prior to entering public office.
 Client                                     Nature of Services Provided
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 
   (b-1) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS  FOR  WHOM  SERVICES
 ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
 FOR  NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
 S. 8006--C                         188                        A. 9006--C
 
 SAND  FIFTEEN  (FOR  PURPOSES  OF  THIS  QUESTION, "SERVICES" SHALL MEAN
 CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
   If the reporting individual receives income from employment reportable
 in question 8(a) and personally provides services to any person or enti-
 ty,  or  works  as  a member or employee of a partnership or corporation
 that provides such services (referred to hereinafter as a  "firm"),  the
 reporting  individual shall identify each client or customer to whom the
 reporting individual personally provided services, or who  was  referred
 to  the  firm  by  the reporting individual, and from whom the reporting
 individual or his or her firm earned fees in excess  of  $10,000  during
 the reporting period in direct connection with:
   (i) A contract in an amount totaling $10,000 or more from the state or
 any state agency for services, materials, or property;
   (ii)  A  grant  of  $10,000 or more from the state or any state agency
 during the reporting period;
   (iii) A grant obtained through a  legislative  initiative  during  the
 reporting period; or
   (iv)  A  case,  proceeding,  application or other matter that is not a
 ministerial matter before a state agency during the reporting period.
   For such services rendered by the  reporting  individual  directly  to
 each  such  client,  describe  each  matter that was the subject of such
 representation, the services actually provided and the payment received.
 For payments received from clients referred to the firm by the reporting
 individual, if the reporting individual directly received a referral fee
 or fees for such referral,  identify  the  client  and  the  payment  so
 received.
   For  purposes  of  this  question,  "referred to the firm" shall mean:
 having intentionally and knowingly taken a specific  act  or  series  of
 acts  to  intentionally  procure  for the reporting individual's firm or
 having knowingly solicited or directed  to  the  reporting  individual's
 firm  in  whole  or  substantial part, a person or entity that becomes a
 client of that firm for the purposes of representation for a  matter  as
 defined  in clauses (i) through (iv) of this subparagraph, as the result
 of such procurement, solicitation or direction of the reporting individ-
 ual. A reporting individual need not disclose activities performed while
 lawfully acting in his or her capacity as provided  in  paragraphs  (c),
 (d),  (e)  and (f) of subdivision seven of section seventy-three of this
 article.
   Client   Matter     Nature of Services Provided      Category
                                                      of Amount
                                                     (in Table I)
 
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 
   (b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS  FOR  WHOM  SERVICES
 ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
 FOR  NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
 SAND  FIFTEEN  (FOR  PURPOSES  OF  THIS  QUESTION, "SERVICES" SHALL MEAN
 CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
   (i) With respect to reporting individuals  who  receive  ten  thousand
 dollars  or  more  from employment or activity reportable under question
 S. 8006--C                         189                        A. 9006--C
 
 8(a), for each client or customer NOT otherwise disclosed or exempted in
 question 8 or 13, disclose the name of each client or customer known  to
 the  reporting  individual  to  whom  the  reporting individual provided
 services:  (A) who paid the reporting individual in excess of five thou-
 sand dollars for such services; or (B) who  had  been  billed  with  the
 knowledge of the reporting individual in excess of five thousand dollars
 by  the  firm  or  other entity named in question 8(a) for the reporting
 individual's services.
 Client               Services              Category of Amount
                  Actually Provided            (in Table I)
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 
 FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
 DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
   * REVIEWED DOCUMENTS AND CORRESPONDENCE;
   * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
   * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
   * CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS
     OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
   * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY
     NAME);
   * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
     REPRESENTATION OR CONSULTATION;
   * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
   * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
     RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
   * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
   (ii) With respect to reporting individuals who disclosed  in  question
 8(a)  that the reporting individual did not provide services to a client
 but provided services to a firm or business, identify  the  category  of
 amount  received  for  providing such services and describe the services
 rendered.
 Services Actually Provided                  Category of Amount (Table I)
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
   A reporting individual need not disclose  activities  performed  while
 lawfully  acting  in  his or her capacity as provided in paragraphs (c),
 (d), (e) and (f) of subdivision seven of section seventy-three  of  this
 article.
 The  disclosure  requirement  in  questions  (b-1)  and  (b-2) shall not
 require disclosing clients or customers  receiving  medical,  pharmaceu-
 tical  or  dental  services, mental health services, or residential real
 estate brokering services from the reporting individual or  his  or  her
 firm  or  if  federal  law prohibits or limits disclosure. The reporting
 individual need not identify any client to whom he or she or his or  her
 firm  provided  legal  representation  with  respect to investigation or
 prosecution by law enforcement authorities,  bankruptcy,  family  court,
 estate  planning, or domestic relations matters, nor shall the reporting
 individual identify individuals represented  pursuant  to  an  insurance
 policy  but  the  reporting  individual shall in such circumstances only
 report the entity that provides compensation to the  reporting  individ-
 S. 8006--C                         190                        A. 9006--C
 
 ual;  with  respect to matters in which the client's name is required by
 law to be kept confidential (such as  matters  governed  by  the  family
 court act) or in matters in which the reporting individual represents or
 provides  services  to  minors,  the  client's name may be replaced with
 initials. To the extent that the reporting individual,  or  his  or  her
 firm,  provided  legal  representation with respect to an initial public
 offering, and professional disciplinary  rules,  federal  law  or  regu-
 lations  restrict  the  disclosure of information relating to such work,
 the reporting individual shall (i) disclose the identity of  the  client
 and the services provided relating to the initial public offering to the
 office  of  court  administration,  who  will  maintain such information
 confidentially in a locked box; and (ii) include in his or her  response
 to  questions (b-1) and (b-2) that pursuant to this paragraph, a disclo-
 sure to the office of court administration has been made. Upon such time
 that the disclosure of information maintained in the locked  box  is  no
 longer  restricted  by  professional  disciplinary rules, federal law or
 regulation, the reporting individual shall disclose such information  in
 an  amended  disclosure statement in response to the disclosure require-
 ments in questions (b-1) and (b-2). The office of  court  administration
 shall  develop  and  maintain  a secure portal through which information
 submitted to it pursuant to this paragraph can be safely  and  confiden-
 tially  stored. With respect to clients represented in other matters not
 otherwise exempt, the reporting individual may request an  exemption  to
 publicly  disclosing the name of that client from the [joint] commission
 pursuant to [paragraph (i-1) of subdivision nine of] section ninety-four
 of the executive law, or from the office  of  court  administration.  In
 such  application,  the  reporting individual shall state the following:
 "My client is not currently receiving my services or seeking my services
 in connection with:
   (i) A proposed bill or resolution in the senate or assembly during the
 reporting period;
   (ii) A contract in an amount totaling $10,000 or more from  the  state
 or any state agency for services, materials, or property;
   (iii)  A  grant  of $10,000 or more from the state or any state agency
 during the reporting period;
   (iv) A grant obtained through  a  legislative  initiative  during  the
 reporting period; or
   (v)  A  case,  proceeding,  application  or other matter that is not a
 ministerial matter before a state agency during the reporting period."
   In reviewing the request for an exemption, the [joint]  commission  or
 the office of court administration may consult with bar or other profes-
 sional  associations  and the legislative ethics commission for individ-
 uals subject to its jurisdiction and may consider the rules  of  profes-
 sional  conduct.  In making its determination, the [joint] commission or
 the office of court administration shall conduct  its  own  inquiry  and
 shall consider factors including, but not limited to: (i) the nature and
 the  size of the client; (ii) whether the client has any business before
 the state; and if so, how significant the business is; and  whether  the
 client  has any particularized interest in pending legislation and if so
 how significant the interest is; (iii)  whether  disclosure  may  reveal
 trade secrets; (iv) whether disclosure could reasonably result in retal-
 iation  against  the client; (v) whether disclosure may cause undue harm
 to the client; (vi) whether disclosure may result in undue harm  to  the
 attorney-client relationship; and (vii) whether disclosure may result in
 an unnecessary invasion of privacy to the client.
 S. 8006--C                         191                        A. 9006--C
 
   The  [joint]  commission  or,  as the case may be, the office of court
 administration shall promptly make a final determination in response  to
 such  request, which shall include an explanation for its determination.
 The office of court administration shall issue its  final  determination
 within  three  days  of receiving the request. Notwithstanding any other
 provision of law or any professional disciplinary rule to the  contrary,
 the  disclosure of the identity of any client or customer in response to
 this question shall not constitute professional misconduct or  a  ground
 for  disciplinary action of any kind, or form the basis for any civil or
 criminal cause of action or proceeding. A reporting individual who first
 enters public office after January first, two thousand sixteen, need not
 report clients or customers  with  respect  to  matters  for  which  the
 reporting  individual  or his or her firm was retained prior to entering
 public office.
   (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES  ARE
 PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR
 NEW  MATTERS  FOR  EXISTING  CLIENTS  OR CUSTOMERS WITH RESPECT TO THOSE
 SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
 SAND FIFTEEN:
   If the reporting individual receives income of ten thousand dollars or
 greater  from any employment or activity reportable under question 8(a),
 identify each registered lobbyist who  has  directly  referred  to  such
 individual a client who was successfully referred to the reporting indi-
 vidual's  business  and  from  whom  the  reporting  individual  or firm
 received a fee for services in excess of five thousand  dollars.  Report
 only  those referrals that were made to a reporting individual by direct
 communication from a person known to such reporting individual to  be  a
 registered  lobbyist  at  the time the referral is made. With respect to
 each such referral, the reporting individual shall identify the  client,
 the registered lobbyist who has made the referral, the category of value
 of  the  compensation  received and a general description of the type of
 matter so referred. A reporting individual need not disclose  activities
 performed while lawfully acting pursuant to paragraphs (c), (d), (e) and
 (f)  of  subdivision seven of section seventy-three of this article. The
 disclosure requirements in this question shall  not  require  disclosing
 clients   or  customers  receiving  medical,  pharmaceutical  or  dental
 services, mental health services, or residential real  estate  brokering
 services  from the reporting individual or his or her firm or if federal
 law prohibits or limits disclosure. The reporting  individual  need  not
 identify  any client to whom he or she or his or her firm provided legal
 representation with respect  to  investigation  or  prosecution  by  law
 enforcement  authorities,  bankruptcy, family court, estate planning, or
 domestic relations matters, nor shall the reporting individual  identify
 individuals  represented pursuant to an insurance policy but the report-
 ing individual shall in such circumstances only report the  entity  that
 provides  compensation  to  the  reporting  individual;  with respect to
 matters in which the client's name is required by law to be kept  confi-
 dential (such as matters governed by the family court act) or in matters
 in  which  the  reporting  individual represents or provides services to
 minors, the client's name may be replaced with initials. To  the  extent
 that the reporting individual, or his or her firm, provided legal repre-
 sentation with respect to an initial public offering, and federal law or
 regulations  restricts  the  disclosure  of information relating to such
 work, the reporting individual shall (i) disclose the  identity  of  the
 client and the services provided relating to the initial public offering
 to  the  office of court administration, who will maintain such informa-
 S. 8006--C                         192                        A. 9006--C
 tion confidentially in a locked box; and (ii)  include  in  his  or  her
 response  a  statement  that pursuant to this paragraph, a disclosure to
 the office of court administration has been made. Upon  such  time  that
 the  disclosure of information maintained in the locked box is no longer
 restricted by federal law or regulation, the reporting individual  shall
 disclose such information in an amended disclosure statement in response
 to  the  disclosure requirements of this paragraph.  The office of court
 administration shall develop and maintain a secure portal through  which
 information submitted to it pursuant to this paragraph can be safely and
 confidentially  stored.  With  respect  to  clients represented in other
 matters not otherwise exempt, the reporting individual  may  request  an
 exemption  to  publicly  disclosing  the  name  of  that client from the
 [joint] commission pursuant to [paragraph (i-1) of subdivision nine  of]
 section  ninety-four  of  the executive law, or from the office of court
 administration. In such  application,  the  reporting  individual  shall
 state  the  following: "My client is not currently receiving my services
 or seeking my services in connection with:
   (i) A proposed bill or resolution in the senate or assembly during the
 reporting period;
   (ii) A contract in an amount totaling $10,000 or more from  the  state
 or any state agency for services, materials, or property;
   (iii)  A  grant  of $10,000 or more from the state or any state agency
 during the reporting period;
   (iv) A grant obtained through  a  legislative  initiative  during  the
 reporting period; or
   (v)  A  case,  proceeding,  application  or other matter that is not a
 ministerial matter before a state agency during the reporting period."
   In reviewing the request for an exemption, the [joint]  commission  or
 the office of court administration may consult with bar or other profes-
 sional  associations  and the legislative ethics commission for individ-
 uals subject to its jurisdiction and may consider the rules  of  profes-
 sional  conduct.  In making its determination, the [joint] commission or
 the office of court administration shall conduct  its  own  inquiry  and
 shall consider factors including, but not limited to: (i) the nature and
 the  size of the client; (ii) whether the client has any business before
 the state; and if so, how significant the business is; and  whether  the
 client  has any particularized interest in pending legislation and if so
 how significant the interest is; (iii)  whether  disclosure  may  reveal
 trade secrets; (iv) whether disclosure could reasonably result in retal-
 iation  against  the client; (v) whether disclosure may cause undue harm
 to the client; (vi) whether disclosure may result in undue harm  to  the
 attorney-client relationship; and (vii) whether disclosure may result in
 an unnecessary invasion of privacy to the client.
   The  [joint]  commission  or,  as the case may be, the office of court
 administration shall promptly make a final determination in response  to
 such  request, which shall include an explanation for its determination.
 The office of court administration shall issue its  final  determination
 within  three  days  of receiving the request. Notwithstanding any other
 provision of law or any professional disciplinary rule to the  contrary,
 the  disclosure of the identity of any client or customer in response to
 this question shall not constitute professional misconduct or  a  ground
 for  disciplinary action of any kind, or form the basis for any civil or
 criminal cause of action or proceeding. A reporting individual who first
 enters public office after December thirty-first, two thousand  fifteen,
 need  not  report clients or customers with respect to matters for which
 S. 8006--C                         193                        A. 9006--C
 
 the reporting individual or his or her firm was retained prior to enter-
 ing public office.
 Client        Name of Lobbyist     Description    Category of Amount
                                    of Matter       (in Table 1)
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 
   (d)  List  the  name, principal address and general description or the
 nature of the business activity of any entity  in  which  the  reporting
 individual  or  such  individual's  spouse  OR  DOMESTIC  PARTNER had an
 investment in excess of $1,000 excluding investments in  securities  and
 interests in real property.
   9.  List  each  source  of gifts, EXCLUDING campaign contributions, in
 EXCESS of $1,000, received during the reporting period  for  which  this
 statement  is  filed  by  the  reporting individual or such individual's
 spouse, DOMESTIC PARTNER or unemancipated child  from  the  same  donor,
 EXCLUDING  gifts  from  a  relative. INCLUDE the name and address of the
 donor. The term "gifts" does not include reimbursements, which  term  is
 defined in item 10.  Indicate the value and nature of each such gift.
 
                                                              Category
      Self,                                                      of
     Spouse,    Name of                       Nature          Value of
     DOMESTIC    Donor         Address        of Gift          Gift
     PARTNER                                                (In Table I)
     or Child
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
 10. Identify  and  briefly describe the source of any reimbursements for
     expenditures, EXCLUDING campaign expenditures  and  expenditures  in
     connection  with  official duties reimbursed by the state, in EXCESS
     of $1,000 from each such source. For purposes of this item, the term
     "reimbursements" shall mean any travel-related expenses provided  by
     nongovernmental  sources and for activities related to the reporting
     individual's official duties such as, speaking engagements,  confer-
     ences,  or  factfinding  events.  The term "reimbursements" does NOT
     include gifts reported under item 9.
 
     Source                                                   Description
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 S. 8006--C                         194                        A. 9006--C
 
 11. List the identity and value, if reasonably  ascertainable,  of  each
     interest  in a trust, estate or other beneficial interest, including
     retirement plans (other than retirement plans of the  state  of  New
     York  or  the  city  of  New  York), and deferred compensation plans
     (e.g.,  401,  403(b),  457, etc.) established in accordance with the
     internal revenue code, in which  the  REPORTING  INDIVIDUAL  held  a
     beneficial  interest  in  EXCESS  of  $1,000  at any time during the
     preceding year. Do NOT report interests in a trust, estate or  other
     beneficial interest established by or for, or the estate of, a rela-
     tive.
 
                                                              Category
     Identity                                                 of Value*
                                                            (In Table II)
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
   * The  value  of  such  interest  shall be reported only if reasonably
 ascertainable.
 
 12. (a)  Describe the terms of, and the parties to, any contract,  prom-
     ise,  or  other  agreement  between the reporting individual and any
     person, firm, or corporation with respect to the employment of  such
     individual  after  leaving office or position (other than a leave of
     absence).
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
 (b)  Describe the parties to and the terms of  any  agreement  providing
     for continuation of payments or benefits to the REPORTING INDIVIDUAL
     in  EXCESS  of  $1,000  from  a prior employer OTHER THAN the State.
     (This includes interests in or  contributions  to  a  pension  fund,
     profit-sharing  plan,  or  life  or health insurance; buy-out agree-
     ments; severance payments; etc.)
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
 13. List below the nature and amount of any income in EXCESS  of  $1,000
     from  EACH SOURCE for the reporting individual and such individual's
     spouse OR DOMESTIC PARTNER for the taxable year last occurring prior
     to the date of filing.   Each such source  must  be  described  with
     particularity. Nature of income includes, but is not limited to, all
     income  (other  than  that received from the employment listed under
     Item 2 above) from compensated employment whether public or private,
     directorships and other fiduciary  positions,  contractual  arrange-
 S. 8006--C                         195                        A. 9006--C
 
     ments,  teaching  income,  partnerships,  honorariums, lecture fees,
     consultant fees, bank and bond interest, dividends,  income  derived
     from  a trust, real estate rents, and recognized gains from the sale
     or  exchange  of  real or other property.  Income from a business or
     profession and real estate rents shall be reported with  the  source
     identified  by the building address in the case of real estate rents
     and otherwise by the name of the entity and not by the name  of  the
     individual  customers,  clients  or  tenants, with the aggregate net
     income before taxes for  each  building  address  or  entity.    The
     receipt  of  maintenance  received  in connection with a matrimonial
     action, alimony and child support payments shall not be listed.
 
     Self/                                                       Category
     Spouse          Source                   Nature            of Amount
     OR DOMESTIC                                             (In Table I)
     PARTNER
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
 14. List the sources of any deferred income (not retirement  income)  in
     EXCESS  of $1,000 from each source to be paid to the reporting indi-
     vidual following the close of  the  calendar  year  for  which  this
     disclosure  statement  is  filed,  other  than deferred compensation
     reported in item 11 hereinabove. Deferred income  derived  from  the
     practice  of a profession shall be listed in the aggregate and shall
     identify as the source, the name of the firm, corporation,  partner-
     ship  or association through which the income was derived, but shall
     not identify individual clients.
 
                                                                 Category
     Source                                                     of Amount
                                                             (In Table I)
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
 15. List each assignment of income in EXCESS of $1,000, and each  trans-
     fer  other  than to a relative during the reporting period for which
     this statement is filed for  less  than  fair  consideration  of  an
     interest in a trust, estate or other beneficial interest, securities
     or  real property, by the reporting individual, in excess of $1,000,
     which would otherwise be required to be reported herein and  is  not
     or has not been so reported.
 
     Item Assigned                    Assigned or             Category
     or Transferred                 Transferred to            of Value
                                                            (In Table I)
 S. 8006--C                         196                        A. 9006--C
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
 16. List  below  the  type  and  market  value of securities held by the
     reporting individual or such individual's spouse OR DOMESTIC PARTNER
     from each issuing entity in EXCESS of $1,000 at  the  close  of  the
     taxable  year  last occurring prior to the date of filing, including
     the name of the issuing entity exclusive of securities held  by  the
     reporting  individual issued by a professional corporation. Whenever
     an interest in securities exists through a beneficial interest in  a
     trust, the securities held in such trust shall be listed ONLY IF the
     reporting  individual has knowledge thereof except where the report-
     ing individual or the  reporting  individual's  spouse  OR  DOMESTIC
     PARTNER  has transferred assets to such trust for his or her benefit
     in which event such securities shall be listed unless they  are  not
     ascertainable  by  the  reporting  individual because the trustee is
     under an obligation  or  has  been  instructed  in  writing  not  to
     disclose  the  contents  of  the  trust to the reporting individual.
     Securities of which the reporting individual or the reporting  indi-
     vidual's  spouse  OR  DOMESTIC PARTNER is the owner of record but in
     which such individual or the reporting individual's spouse OR DOMES-
     TIC PARTNER has no beneficial interest shall not be listed.    Indi-
     cate  percentage  of  ownership  ONLY if the reporting person or the
     reporting person's spouse OR DOMESTIC PARTNER holds more  than  five
     percent  (5%)  of  the  stock of a corporation in which the stock is
     publicly traded or more than ten percent (10%) of  the  stock  of  a
     corporation  in  which  the  stock is NOT publicly traded. Also list
     securities owned for investment purposes by a corporation more  than
     fifty  percent (50%) of the stock of which is owned or controlled by
     the reporting individual or such  individual's  spouse  OR  DOMESTIC
     PARTNER.    For the purpose of this item the term "securities" shall
     mean mutual funds, bonds, mortgages,  notes,  obligations,  warrants
     and  stocks of any class, investment interests in limited or general
     partnerships and certificates  of  deposits  (CDs)  and  such  other
     evidences of indebtedness and certificates of interest as are usual-
     ly  referred to as securities.  The market value for such securities
     shall be reported only if reasonably ascertainable and shall not  be
     reported  if  the  security  is an interest in a general partnership
     that was listed in item 8 (a) or if the security is corporate stock,
     NOT publicly traded, in a trade or business of a reporting  individ-
     ual or a reporting individual's spouse OR DOMESTIC PARTNER.
 
                                      Percentage
                                      of corporate
                                      stock owned
                                      or controlled      Category of
                                      (if more than      Market Value
                                      5% of pub-         as of the close
                                      licly traded       of the
                                      stock, or          taxable year
                                      more than          last occurring
 S. 8006--C                         197                        A. 9006--C
 
                                      10% if stock       prior to
     Self/     Issuing    Type of     not publicly       the filing of
     Spouse    Entity     Security    traded, is held)   this statement
     OR                                                  (In Table II)
     DOMESTIC
     PARTNER
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 17. List  below  the  location,  size, general nature, acquisition date,
     market value and percentage of ownership of  any  real  property  in
     which  any vested or contingent interest in EXCESS of $1,000 is held
     by the reporting individual or the reporting individual's spouse  OR
     DOMESTIC  PARTNER.  Also  list  real  property  owned for investment
     purposes by a corporation more than fifty percent (50%) of the stock
     of which is owned or controlled by the reporting individual or  such
     individual's  spouse OR DOMESTIC PARTNER. Do NOT list any real prop-
     erty which is the primary or secondary  personal  residence  of  the
     reporting  individual or the reporting individual's spouse OR DOMES-
     TIC PARTNER, except where there is a co-owner who is  other  than  a
     relative.
     Self/                                       Percentage    Category
     Spouse/              General   Acquisition     of         of Market
     DOMESTIC             Nature    Date         Ownership      Value
     PARTNER                                                    (In
     Corporation Location  Size                                Table II)
 
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 
 18. List  below all notes and accounts receivable, other than from goods
     or services sold, held by the reporting individual at the  close  of
     the  taxable  year  last  occurring  prior to the date of filing and
     other debts owed to such individual at the close of the taxable year
     last occurring prior to the date of filing,  in  EXCESS  of  $1,000,
     including  the  name of the debtor, type of obligation, date due and
     the nature of the collateral  securing  payment  of  each,  if  any,
     excluding  securities  reported in item 16 hereinabove. Debts, notes
     and accounts receivable owed to the individual by a  relative  shall
     not be reported.
 
                               Type of Obligation,               Category
                               Date Due, and Nature                 of
     Name of Debtor            of Collateral, if any               Amount
                                                            (In Table II)
 
     ____________________________________________________________________
     ____________________________________________________________________
 S. 8006--C                         198                        A. 9006--C
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
 19. List  below  all  liabilities  of  the reporting individual and such
     individual's spouse OR DOMESTIC PARTNER, in EXCESS of $10,000 as  of
     the  date  of  filing of this statement, other than liabilities to a
     relative. Do NOT list liabilities incurred by,  or  guarantees  made
     by, the reporting individual or such individual's spouse OR DOMESTIC
     PARTNER  or  by  any  proprietorship,  partnership or corporation in
     which the reporting individual or such individual's spouse OR DOMES-
     TIC PARTNER has an interest, when incurred or made in  the  ordinary
     course  of  the  trade,  business  or  professional  practice of the
     reporting  individual  or  such  individual's  spouse  OR   DOMESTIC
     PARTNER.    Include  the  name  of  the  creditor and any collateral
     pledged by such individual to secure payment of any such  liability.
     A  reporting individual shall not list any obligation to pay mainte-
     nance in connection with a  matrimonial  action,  alimony  or  child
     support payments. Any loan issued in the ordinary course of business
     by a financial institution to finance educational costs, the cost of
     home  purchase or improvements for a primary or secondary residence,
     or purchase of a personally owned motor vehicle, household furniture
     or appliances shall be excluded. If any  such  reportable  liability
     has been guaranteed by any third person, list the liability and name
     the guarantor.
 
                                                                 Category
     Name of Creditor          Type of Liability                    of
     or Guarantor              and Collateral, if any              Amount
                                                            (In Table II)
 
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
     ____________________________________________________________________
 
     The  requirements  of  law  relating  to  the reporting of financial
     interests are in the public interest and  no  adverse  inference  of
     unethical  or  illegal conduct or behavior will be drawn merely from
     compliance with these requirements.
 
     ___________________________________       _________________________
     (Signature of Reporting Individual)       Date  (month/day/year)
 
                                    TABLE I
     Category A                  none
     Category B      $        1 to under $    1,000
     Category C      $    1,000 to under $    5,000
     Category D      $    5,000 to under $   20,000
     Category E      $   20,000 to under $   50,000
     Category F      $   50,000 to under $   75,000
     Category G      $   75,000 to under $  100,000
     Category H      $  100,000 to under $  150,000
     Category I      $  150,000 to under $  250,000
     Category J      $  250,000 to under $  350,000
 S. 8006--C                         199                        A. 9006--C
 
     Category K      $  350,000 to under $  450,000
     Category L      $  450,000 to under $  550,000
     Category M      $  550,000 to under $  650,000
     Category N      $  650,000 to under $  750,000
     Category O      $  750,000 to under $  850,000
     Category P      $  850,000 to under $  950,000
     Category Q      $  950,000 to under $1,050,000
     Category R      $1,050,000 to under $1,150,000
     Category S      $1,150,000 to under $1,250,000
     Category T      $1,250,000 to under $1,350,000
     Category U      $1,350,000 to under $1,450,000
     Category V      $1,450,000 to under $1,550,000
     Category W      $1,550,000 to under $1,650,000
     Category X      $1,650,000 to under $1,750,000
     Category Y      $1,750,000 to under $1,850,000
     Category Z      $1,850,000 to under $1,950,000
     Category AA     $1,950,000 to under $2,050,000
     Category BB     $2,050,000 to under $2,150,000
     Category CC     $2,150,000 to under $2,250,000
     Category DD     $2,250,000 to under $2,350,000
     Category EE     $2,350,000 to under $2,450,000
     Category FF     $2,450,000 to under $2,550,000
     Category GG     $2,550,000 to under $2,650,000
     Category HH     $2,650,000 to under $2,750,000
     Category II     $2,750,000 to under $2,850,000
     Category JJ     $2,850,000 to under $2,950,000
     Category KK     $2,950,000 to under $3,050,000
     Category LL     $3,050,000 to under $3,150,000
     Category MM     $3,150,000 to under $3,250,000
     Category NN     $3,250,000 to under $3,350,000
     Category OO     $3,350,000 to under $3,450,000
     Category PP     $3,450,000 to under $3,550,000
     Category QQ     $3,550,000 to under $3,650,000
     Category RR     $3,650,000 to under $3,750,000
     Category SS     $3,750,000 to under $3,850,000
     Category TT     $3,850,000 to under $3,950,000
     Category UU     $3,950,000 to under $4,050,000
     Category VV     $4,050,000 to under $4,150,000
     Category WW     $4,150,000 to under $4,250,000
     Category XX     $4,250,000 to under $4,350,000
     Category YY     $4,350,000 to under $4,450,000
     Category ZZ     $4,450,000 to under $4,550,000
     Category AAA    $4,550,000 to under $4,650,000
     Category BBB    $4,650,000 to under $4,750,000
     Category CCC    $4,750,000 to under $4,850,000
     Category DDD    $4,850,000 to under $4,950,000
     Category EEE    $4,950,000 to under $5,050,000
     Category FFF    $5,050,000 to under $5,150,000
     Category GGG    $5,150,000 to under $5,250,000
     Category HHH    $5,250,000 to under $5,350,000
     Category III    $5,350,000 to under $5,450,000
     Category JJJ    $5,450,000 to under $5,550,000
     Category KKK    $5,550,000 to under $5,650,000
     Category LLL    $5,650,000 to under $5,750,000
     Category MMM    $5,750,000 to under $5,850,000
     Category NNN    [$5,580,000] $5,850,000 to under $5,950,000
 S. 8006--C                         200                        A. 9006--C
 
     Category OOO    $5,950,000 to under $6,050,000
     Category PPP    $6,050,000 to under $6,150,000
     Category QQQ    $6,150,000 to under $6,250,000
     Category RRR    $6,250,000 to under $6,350,000
     Category SSS    $6,350,000 to under $6,450,000
     Category TTT    $6,450,000 to under $6,550,000
     Category UUU    $6,550,000 to under $6,650,000
     Category VVV    $6,650,000 to under $6,750,000
     Category WWW    $6,750,000 to under $6,850,000
     Category XXX    $6,850,000 to under $6,950,000
     Category YYY    $6,950,000 to under $7,050,000
     Category ZZZ    $7,050,000 to under $7,150,000
     Category AAAA   $7,150,000 to under $7,250,000
     Category BBBB   $7,250,000 to under $7,350,000
     Category CCCC   $7,350,000 to under $7,450,000
     Category DDDD   $7,450,000 to under $7,550,000
     Category EEEE   $7,550,000 to under $7,650,000
     Category FFFF   $7,650,000 to under $7,750,000
     Category GGGG   $7,750,000 to under $7,850,000
     Category HHHH   $7,850,000 to under $7,950,000
     Category IIII   $7,950,000 to under $8,050,000
     Category JJJJ   $8,050,000 to under $8,150,000
     Category KKKK   $8,150,000 to under $8,250,000
     Category LLLL   $8,250,000 to under $8,350,000
     Category MMMM   $8,350,000 to under $8,450,000
     Category NNNN   $8,450,000 to under $8,550,000
     Category OOOO   $8,550,000 to under $8,650,000
     Category PPPP   $8,650,000 to under $8,750,000
     Category QQQQ   $8,750,000 to under $8,850,000
     Category RRRR   $8,850,000 to under $8,950,000
     Category SSSS   $8,950,000 to under $9,050,000
     Category TTTT   $9,050,000 to under $9,150,000
     Category UUUU   $9,150,000 to under $9,250,000
     Category VVVV   $9,250,000 to under $9,350,000
     Category WWWW   $9,350,000 to under $9,450,000
     Category XXXX   $9,450,000 to under $9,550,000
     Category YYYY   $9,550,000 to under $9,650,000
     Category ZZZZ   $9,650,000 to under $9,750,000
     Category AAAAA  $9,750,000 to under $9,850,000
     Category BBBBB  $9,850,000 to under $9,950,000
     Category CCCCC  $9,950,000 to under $10,000,000
     Category DDDDD  $10,000,000 or over
 
                                   TABLE II
     Category A                none
     Category B    $        1 to under $    1,000
     Category C    $    1,000 to under $    5,000
     Category D    $    5,000 to under $   20,000
     Category E    $   20,000 to under $   50,000
     Category F    $   50,000 to under $   75,000
     Category G    $   75,000 to under $  100,000
     Category H    $  100,000 to under $  150,000
     Category I    $  150,000 to under $  250,000
     Category J    $  250,000 to under $  500,000
     Category K    $  500,000 to under $  750,000
     Category L    $  750,000 to under $1,000,000
 S. 8006--C                         201                        A. 9006--C
 
     Category M    $1,000,000 to under $1,250,000
     Category N    $1,250,000 to under $1,500,000
     Category O    $1,500,000 to under $1,750,000
     Category P    $1,750,000 to under $2,000,000
     Category Q    $2,000,000 to under $2,250,000
     Category R    $2,250,000 to under $2,500,000
     Category S    $2,500,000 to under $2,750,000
     Category T    $2,750,000 to under $3,000,000
     Category U    $3,000,000 to under $3,250,000
     Category V    $3,250,000 to under $3,500,000
     Category W    $3,500,000 to under $3,750,000
     Category X    $3,750,000 to under $4,000,000
     Category Y    $4,000,000 to under $4,250,000
     Category Z    $4,250,000 to under $4,500,000
     Category AA   $4,500,000 to under $4,750,000
     Category BB   $4,750,000 to under $5,000,000
     Category CC   $5,000,000 to under $5,250,000
     Category DD   $5,250,000 to under $5,500,000
     Category EE   $5,500,000 to under $5,750,000
     Category FF   $5,750,000 to under $6,000,000
     Category GG   $6,000,000 to under $6,250,000
     Category HH   $6,250,000 to under $6,500,000
     Category II   $6,500,000 to under $6,750,000
     Category JJ   $6,750,000 to under $7,000,000
     Category KK   $7,000,000 to under $7,250,000
     Category LL   $7,250,000 to under $7,500,000
     Category MM   $7,500,000 to under $7,750,000
     Category NN   $7,750,000 to under $8,000,000
     Category OO   $8,000,000 to under $8,250,000
     Category PP   $8,250,000 to under $8,500,000
     Category QQ   $8,500,000 to under $8,750,000
     Category RR   $8,750,000 to under $9,000,000
     Category SS   $9,000,000 to under $9,250,000
     Category TT   $9,250,000 to under $9,500,000
     Category UU   $9,500,000 or over
   §  19.  This act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART RR
 
   Section 1.  The opening paragraph and subdivisions 1 and 2 of  section
 1306  of  the racing, pari-mutuel wagering and breeding law, the opening
 paragraph as amended by chapter 243 of the laws of 2020 and subdivisions
 1 and 2 as added by chapter 174 of the laws of 2013, are amended to read
 as follows:
   The New York  state  gaming  facility  location  board  shall  select,
 following  a competitive process and subject to the restrictions of this
 article, no more than [four] SEVEN entities to apply to  the  commission
 for  gaming facility licenses; PROVIDED HOWEVER, THAT NO MORE THAN THREE
 GAMING FACILITIES SHALL BE  LOCATED  IN  ZONE  ONE.  In  exercising  its
 authority,  the  board  shall have all powers necessary or convenient to
 fully carry out and effectuate its purposes including, but  not  limited
 to, the following powers. The board shall:
   1. issue a request for applications for zone ONE OR two gaming facili-
 ty  licenses  pursuant  to  section one thousand three hundred twelve OR
 SECTION ONE THOUSAND THREE HUNDRED TWENTY-ONE-B of this article;
 S. 8006--C                         202                        A. 9006--C
 
   2. assist the commission in prescribing the form  of  the  application
 for zone ONE OR two gaming facility licenses including information to be
 furnished by an applicant concerning an applicant's antecedents, habits,
 character,  associates,  criminal record, business activities and finan-
 cial  affairs,  past  or  present pursuant to section one thousand three
 hundred thirteen OR SECTION ONE THOUSAND THREE HUNDRED  TWENTY-ONE-C  of
 this article;
   §  2. Subparagraph 2 of paragraph (a) of subdivision 2 of section 1310
 of the racing, pari-mutuel wagering and breeding law, as added by  chap-
 ter 174 of the laws of 2013, is amended to read as follows:
   (2)  Region  two  shall  consist of Bronx, Kings, New York, Queens and
 Richmond counties[. No gaming facility shall  be  authorized  in  region
 two]; and
   §  3.  The title heading of title 2 of article 13 of the racing, pari-
 mutuel wagering and breeding law, as added by chapter 174 of the laws of
 2013, is amended to read as follows:
       FACILITY DETERMINATION AND LICENSING: UPSTATE GAMING FACILITIES
   § 4. Section 1310 of title 2 of article 13 of the racing,  pari-mutuel
 wagering  and  breeding  law  is redesignated section 1310 of title 1 of
 such article.
   § 5. Subdivisions 1 and 3 of section 1311 of the  racing,  pari-mutuel
 wagering  and  breeding  law, subdivision 1 as amended by chapter 175 of
 the laws of 2013 and subdivision 3 as added by section 6 of  part  Y  of
 chapter 59 of the laws of 2021, are amended to read as follows:
   1.  The  commission  is authorized to award up to four gaming facility
 licenses, in regions one, two and five of zone two. The duration of such
 initial license shall be ten years. The term of renewal shall be  deter-
 mined by the commission.  The commission may award a second license to a
 qualified  applicant  in no more than a single region. The commission is
 not empowered to award any license [in zone one.  No  gaming  facilities
 are  authorized]  NOR  ARE  ANY  GAMING FACILITIES AUTHORIZED under this
 [article] TITLE for the city of New York or any other  portion  of  zone
 one.
   As a condition of licensure, licensees are required to commence gaming
 operations  no  more than twenty-four months following license award. No
 additional licenses may be awarded during the twenty-four month  period,
 nor  for an additional sixty months following the end of the twenty-four
 month period. Should the state legislatively authorize additional gaming
 facility licenses within these periods, licensees shall have  the  right
 to  recover  the license fee paid pursuant to section one thousand three
 hundred six of this article.
   This right shall be incorporated into the license  itself,  vest  upon
 the  opening  of  a gaming facility in zone one or in the same region as
 the licensee and entitle the holder of such license to bring  an  action
 in  the  court  of  claims  to  recover the license fee paid pursuant to
 section one thousand three hundred fifteen of this  [article]  TITLE  in
 the  event  that  any  gaming  facility  license in excess of the number
 authorized by this section as of the effective date of this  section  is
 awarded within seven years from the date that the initial gaming facili-
 ty  license  is  awarded.    This right to recover any such fee shall be
 proportionate to the length of  the  respective  period  that  is  still
 remaining upon the vesting of such right.
   Additionally,  the  right to bring an action in the court of claims to
 recover the fee paid to the state on the twenty-fourth day of September,
 two thousand ten, by the operator of a video lottery gaming facility  in
 a  city  of more than one million shall vest with such operator upon the
 S. 8006--C                         203                        A. 9006--C
 
 opening of any gaming facility licensed by the commission  in  zone  one
 within  seven  years  from  the  date  that  the initial gaming facility
 license is awarded; provided however that the amount  recoverable  shall
 be limited to the pro rata amount of the time remaining until the end of
 the  seven  year exclusivity period, proportionate to the period of time
 between the date of opening of the  video  lottery  facility  until  the
 conclusion of the seven year period.
   3. As a condition for continued licensure, licensees shall be required
 to  house  upon  the  physical premises of the licensed gaming facility,
 UPON REQUEST, a mobile sports wagering  platform  provider's  server  or
 other  equipment  used  for  receiving  mobile sports wagers pursuant to
 section [1367-a of the racing, pari-mutuel wagering  and  breeding  law]
 1367-A  OF  THIS  ARTICLE; provided however, that such licensee shall be
 entitled to the reasonable and actual costs, as determined by the gaming
 commission, of physically housing and  securing  such  server  or  other
 equipment  used  for  receiving  mobile sports wagers at such licensee's
 licensed gaming facility; and provided further, [that  as  consideration
 for  housing  and  securing  such server at the physical premises of the
 licensed gaming facility,] FOR THE DURATION OF THE INITIAL LICENSE TERM,
 a mobile sports wagering platform [providers]  PROVIDER  shall  pay  [to
 such  licensed  gaming  facility, five] TWO AND ONE-HALF million dollars
 per year [for the duration of the time that such server  is  housed  and
 operating  at  the  physical premises of such licensed gaming facility].
 EACH GAMING FACILITY LICENSED UNDER TITLE  TWO  OF  THIS  ARTICLE  SHALL
 RECEIVE FIVE MILLION DOLLARS PER YEAR, WHICH SHALL BE PAID NO LATER THAN
 MAY FIRST OF EACH YEAR.
   §  6.  The  opening  paragraph of subdivision 1 of section 1312 of the
 racing, pari-mutuel wagering and breeding law, as added by  chapter  174
 of the laws of 2013, is amended to read as follows:
   The  board  shall  issue  within  ninety days of a majority of members
 being appointed a request for applications for a gaming facility license
 in regions one, two and five in zone two; provided,  however,  that  the
 board  shall  not  issue any requests for applications for any region in
 zone one UNDER THIS TITLE; and further provided that the board shall not
 issue any requests for applications with respect to any gaming  facility
 subsequently  legislatively  authorized  until seven years following the
 commencement of gaming activities in zone two, UNLESS SUCH  REQUEST  FOR
 APPLICATION  WITH  RESPECT  TO ANY SUBSEQUENTLY LEGISLATIVELY AUTHORIZED
 GAMING FACILITY ADHERES TO THE PROCEDURE AS  DESCRIBED  IN  SECTION  ONE
 THOUSAND  THREE  HUNDRED ELEVEN OF THIS TITLE. All requests for applica-
 tions shall include:
   § 7. Article 13 of the racing, pari-mutuel wagering and  breeding  law
 is amended by adding a new title 2-A to read as follows:
                                 TITLE 2-A
    FACILITY DETERMINATION AND LICENSING: ADDITIONAL GAMING FACILITIES
 SECTION 1321-A. LICENSE AUTHORIZATION; RESTRICTIONS.
         1321-B. REQUESTS FOR APPLICATIONS.
         1321-C. FORM OF APPLICATION.
         1321-D. LICENSE APPLICANT ELIGIBILITY.
         1321-E. REQUIRED CAPITAL INVESTMENT.
         1321-F. MINIMUM LICENSE THRESHOLDS.
         1321-G. INVESTIGATION OF LICENSE APPLICANTS.
         1321-H. DISQUALIFYING CRITERIA.
         1321-I. HEARINGS.
         1321-J. SITING EVALUATION.
         1321-K. ZONING.
 S. 8006--C                         204                        A. 9006--C
 
   §  1321-A.  LICENSE  AUTHORIZATION; RESTRICTIONS. 1. THE COMMISSION IS
 AUTHORIZED TO AWARD UP TO THREE ADDITIONAL GAMING FACILITY LICENSES. THE
 DURATION OF SUCH INITIAL LICENSE AND THE TERM OF RENEWAL SHALL BE DETER-
 MINED BY THE COMMISSION; PROVIDED HOWEVER,  THAT  SUCH  INITIAL  LICENSE
 TERM SHALL BE NO LESS THAN TEN YEARS BUT NO MORE THAN THIRTY YEARS BASED
 ON THE PROPOSED TOTAL INVESTMENT OF THE APPLICANT'S PROJECT.
   2. IF ANY OF THE THREE ADDITIONAL GAMING FACILITY LICENSES ARE AWARDED
 TO  AN  ENTITY  THAT  WAS  LICENSED FOR VIDEO LOTTERY GAMING PURSUANT TO
 SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW AS OF  JANUARY  FIRST
 TWO  THOUSAND TWENTY-TWO, THE EDUCATION AID FOR THE STATE RESULTING FROM
 TAXES IMPOSED PURSUANT TO SUBDIVISION ONE-A OF SECTION THIRTEEN  HUNDRED
 FIFTY-ONE  OF THIS ARTICLE ON THE GAMING FACILITY OPERATIONS OF ANY SUCH
 ENTITY IN A GIVEN STATE FISCAL YEAR SHALL BE NO LESS THAN THE  TOTAL  OF
 EDUCATION  AID  DEPOSITS  INTO  THE  STATE  LOTTERY  FUND FROM THE VIDEO
 LOTTERY GAMING OPERATIONS OF SUCH ENTITY FOR THE FULL TWELVE MONTH PERI-
 OD IMMEDIATELY PRECEDING ITS OPENING DATE AS A GAMING FACILITY, PROVIDED
 HOWEVER, THAT THE TWELVE MONTH PERIOD EDUCATION AID TOTAL SHALL  NOT  BE
 LESS  THAN  THE  EDUCATION AID TOTAL FROM THE VIDEO LOTTERY GAMING OPER-
 ATIONS OF SUCH ENTITY FOR STATE FISCAL  YEAR  TWO  THOUSAND  TWENTY-TWO.
 SHOULD  THE  EDUCATION  AID  FOR  THE STATE RESULTING FROM TAXES IMPOSED
 PURSUANT TO SUBDIVISION ONE-A OF SECTION THIRTEEN HUNDRED  FIFTY-ONE  OF
 THIS  ARTICLE  ON  THE  GAMING FACILITY OPERATIONS OF SUCH ENTITY AT THE
 CONCLUSION OF A GIVEN STATE FISCAL YEAR BE LESS THAN THE TOTAL  REQUIRED
 UNDER THIS SUBDIVISION, SUCH ENTITY SHALL REMIT THE NECESSARY PAYMENT TO
 THE  COMMISSION  FOR  DEPOSIT INTO THE COMMERCIAL GAMING REVENUE FUND NO
 LATER THAN THE NEXT OCCURRING MAY FIRST.  NOTWITHSTANDING SECTION  NINE-
 TY-SEVEN-NNNN OF THE STATE FINANCE LAW, SUCH PAYMENT INTO THE COMMERCIAL
 GAMING REVENUE FUND SHALL BE AVAILABLE ONLY FOR ELEMENTARY AND SECONDARY
 EDUCATION.  FOR THE PURPOSES OF THIS SECTION, VIDEO LOTTERY GAMING OPER-
 ATIONS OF AN ENTITY SHALL INCLUDE ANY HOSTED VIDEO LOTTERY DEVICES.
   3.  NOTWITHSTANDING  THE FOREGOING, NO CASINO GAMING FACILITY SHALL BE
 AUTHORIZED:
   (A) IN THE COUNTIES OF CLINTON, ESSEX, FRANKLIN, HAMILTON,  JEFFERSON,
 LEWIS, SAINT LAWRENCE AND WARREN;
   (B)  WITHIN  THE  FOLLOWING AREA: (1) TO THE EAST, STATE ROUTE 14 FROM
 SODUS POINT TO THE PENNSYLVANIA BORDER WITH NEW YORK; (2) TO THE  NORTH,
 THE BORDER BETWEEN NEW YORK AND CANADA; (3) TO THE SOUTH, THE PENNSYLVA-
 NIA  BORDER  WITH  NEW YORK; AND (4) TO THE WEST, THE BORDER BETWEEN NEW
 YORK AND CANADA AND THE BORDER BETWEEN PENNSYLVANIA AND NEW YORK; AND
   (C) IN  THE  COUNTIES OF CAYUGA, CHENANGO, CORTLAND, HERKIMER,  LEWIS,
 MADISON, ONEIDA, ONONDAGA, OSWEGO AND OTSEGO.
   §  1321-B. REQUESTS FOR APPLICATIONS.  REQUESTS FOR APPLICATIONS SHALL
 BE HANDLED IN THE SAME  MANNER  AS  PROVIDED  FOR  IN  SECTION  THIRTEEN
 HUNDRED  TWELVE  OF  THIS ARTICLE FOR GAMING LICENSES AUTHORIZED BUT NOT
 AWARDED, PROVIDED HOWEVER THAT ANY REQUESTS FOR APPLICATIONS FOR  GAMING
 FACILITY  LICENSES AUTHORIZED BUT NOT AWARDED MAY BE FOR GAMING FACILITY
 LICENSES IN ANY REGION IN ZONE ONE OR IN REGIONS ONE, TWO  AND  FIVE  IN
 ZONE TWO.
   §  1321-C.  FORM OF APPLICATION.  THE FORM OF THE APPLICATION SHALL BE
 THE SAME AS ESTABLISHED UNDER SECTION THIRTEEN HUNDRED THIRTEEN OF  THIS
 ARTICLE.
   §  1321-D.  LICENSE APPLICANT ELIGIBILITY. 1. GAMING FACILITY LICENSES
 SHALL ONLY BE ISSUED TO APPLICANTS WHO ARE QUALIFIED UNDER THE  CRITERIA
 SET FORTH IN THIS ARTICLE, AS DETERMINED BY THE COMMISSION.
   2.  PRIOR  TO  OFFICIAL  REVIEW  BY  THE BOARD, EACH POTENTIAL LICENSE
 APPLICANT MUST:
 S. 8006--C                         205                        A. 9006--C
 
   (A) DEMONSTRATE TO THE BOARD'S SATISFACTION  THAT  THE  APPLICANT  HAS
 ACQUIRED  PUBLIC  SUPPORT  AND  PRESENTED  EVIDENCE  OF  COMPLIANCE  AND
 APPROVAL WITH ALL  REQUIRED  STATE  AND  LOCAL  ZONING  REQUIREMENTS  AS
 REQUIRED  UNDER  SUBDIVISION  THREE OF THIS SECTION AND SECTION THIRTEEN
 HUNDRED TWENTY-ONE-K OF THIS TITLE; AND
   (B)  WAIVE  ALL  RIGHTS  THEY  OR  ANY AFFILIATED ENTITY POSSESS UNDER
 SECTION THIRTEEN HUNDRED ELEVEN OF THIS ARTICLE TO BRING  AN  ACTION  TO
 RECOVER A FEE.
   (C)  PURSUANT  TO SECTION THIRTEEN HUNDRED TWENTY-ONE-F OF THIS TITLE,
 AN APPLICANT SHALL PAY TO THE  COMMISSION  AN  APPLICATION  FEE  OF  ONE
 MILLION  DOLLARS  TO  DEFRAY THE COSTS ASSOCIATED WITH THE PROCESSING OF
 THE APPLICATION, COMMISSION EXPENSES RELATED TO THE  COMMUNITY  ADVISORY
 COMMITTEE,  AND  INVESTIGATION OF THE APPLICANT; PROVIDED, HOWEVER, THAT
 IF THE COSTS EXCEED THE INITIAL APPLICATION FEE, THE APPLICANT SHALL PAY
 THE ADDITIONAL AMOUNT TO THE COMMISSION WITHIN THIRTY DAYS AFTER NOTIFI-
 CATION OF INSUFFICIENT FEES OR THE APPLICATION  SHALL  BE  REJECTED  AND
 FURTHER  PROVIDED THAT SHOULD THE COSTS NOT EXCEED THE FEE REMITTED, ANY
 UNEXPENDED PORTION SHALL BE RETURNED TO THE APPLICANT;
   3. (A) FOR EACH APPLICANT WHO PROPOSES A GAMING  FACILITY  LOCATED  IN
 REGION  TWO OF ZONE ONE, THERE SHALL BE ESTABLISHED A COMMUNITY ADVISORY
 COMMITTEE. EACH COMMITTEE SHALL  CONSIST  OF  SIX  MEMBERS,  ONE  TO  BE
 APPOINTED BY THE GOVERNOR, ONE TO BE APPOINTED BY THE SENATOR REPRESENT-
 ING  THE  SENATE  DISTRICT WHERE THE PROPOSED FACILITY IS TO BE LOCATED,
 ONE TO BE APPOINTED BY  THE  ASSEMBLYMEMBER  REPRESENTING  THE  ASSEMBLY
 DISTRICT  WHERE  THE  PROPOSED  FACILITY  IS  TO  BE  LOCATED, ONE TO BE
 APPOINTED BY THE BOROUGH PRESIDENT WHERE THE FACILITY IS PROPOSED TO  BE
 LOCATED,  ONE TO BE APPOINTED BY THE CITY COUNCILMEMBER REPRESENTING THE
 DISTRICT WHERE THE FACILITY IS PROPOSED TO BE LOCATED,  AND  ONE  TO  BE
 APPOINTED BY THE NEW YORK CITY MAYOR.
   (B)  FOR  EACH  APPLICANT  WHO  PROPOSES  A GAMING FACILITY LOCATED IN
 REGIONS ONE OR THREE OF ZONE ONE, OR REGIONS ONE, TWO OR  FIVE  OF  ZONE
 TWO  THERE  SHALL  BE  ESTABLISHED  A COMMUNITY ADVISORY COMMITTEE. EACH
 COMMITTEE SHALL CONSIST OF FIVE MEMBERS, ONE  TO  BE  APPOINTED  BY  THE
 GOVERNOR,  ONE  TO  BE  APPOINTED BY THE SENATOR REPRESENTING THE SENATE
 DISTRICT WHERE THE PROPOSED  FACILITY  IS  TO  BE  LOCATED,  ONE  TO  BE
 APPOINTED BY THE ASSEMBLYMEMBER REPRESENTING THE ASSEMBLY DISTRICT WHERE
 THE PROPOSED FACILITY IS TO BE LOCATED, ONE TO BE APPOINTED BY THE COUN-
 TY EXECUTIVE OF THE COUNTY WHERE THE FACILITY IS PROPOSED TO BE LOCATED,
 AND ONE TO BE APPOINTED AS FOLLOWS:
   (I)  IF  THE  PROPOSED  FACILITY IS TO BE LOCATED IN A CITY, ONE TO BE
 APPOINTED BY THE MAYOR OF SUCH CITY;
   (II) IF THE PROPOSED FACILITY IS TO BE LOCATED IN A TOWN,  ONE  TO  BE
 APPOINTED BY THE TOWN SUPERVISOR OF SUCH TOWN; OR
   (III)  IF  THE  PROPOSED  FACILITY  IS TO BE LOCATED IN A VILLAGE, ONE
 REPRESENTATIVE TO BE APPOINTED JOINTLY BY THE VILLAGE MAYOR AND THE TOWN
 SUPERVISOR.
   (C) THE ACTIVITIES OF THE COMMUNITY  ADVISORY  COMMITTEES  CONSTITUTED
 PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE  SUBJECT TO THE OPEN MEETINGS
 PROVISIONS CONTAINED IN ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
   (D) THE COMMISSION MAY HIRE A  CONSULTANT  TO  SERVE  AS  A  COMMUNITY
 CONSULTANT  TO  ASSIST AND MANAGE THE COMMUNITY ADVISORY COMMITTEE PROC-
 ESS.  THE COMMISSION OR COMMUNITY CONSULTANT SHALL  PROVIDE  ADMINISTRA-
 TIVE  SUPPORT  AND TECHNICAL ASSISTANCE FOR THE ESTABLISHMENT AND ACTIV-
 ITIES OF COMMITTEES CONSTITUTED PURSUANT TO THIS SUBDIVISION.
   (E) PRIOR TO A DETERMINATION ON ANY  APPLICATION  BY  THE  BOARD,  THE
 FOLLOWING COMMUNITY ADVISORY COMMITTEE PROCESS SHALL APPLY:
 S. 8006--C                         206                        A. 9006--C
 
   (I)  UPON  THE  MAJORITY  OF  MEMBERS  OF THE BOARD BEING APPOINTED, A
 COMMUNITY CONSULTANT MAY BE HIRED BY THE COMMISSION TO MANAGE THE  PROC-
 ESS AND ANY OTHER ACTIVITIES AS DETERMINED BY THE COMMISSION;
   (II)  THE  COMMISSION  SHALL ISSUE A REQUEST FOR APPLICATIONS NO LATER
 THAN NINETY DAYS FOLLOWING THE MAJORITY OF MEMBERS OF  THE  BOARD  BEING
 APPOINTED;
   (III)  INTERESTED  ENTITIES MAY SUBMIT AN APPLICATION TO THE BOARD WHO
 SHALL PROVIDE SUCH APPLICATION TO THE COMMUNITY CONSULTANT;
   (IV) THE COMMUNITY CONSULTANT  SHALL  NOTIFY  THE  COMMISSION  OF  ALL
 APPLICATIONS  AND NOTIFY THE APPROPRIATE APPOINTING AUTHORITIES OF THEIR
 RESPONSIBILITY TO SUBMIT APPOINTMENTS FOR EACH REQUIRED COMMUNITY  ADVI-
 SORY COMMITTEE ESTABLISHED PURSUANT TO THIS SECTION;
   (V)  THE  COMMUNITY  CONSULTANT  SHALL  ENSURE  THE  FORMATION OF EACH
 COMMITTEE, AS NECESSARY;
   (VI) UPON NOTIFICATION, THE APPOINTING AUTHORITY SHALL  APPOINT  THEIR
 RESPECTIVE APPOINTEES;
   (VII) UPON A COMMITTEE'S FIRST MEETING THE RESPECTIVE APPOINTEES SHALL
 ELECT BY MAJORITY VOTE A COMMITTEE CHAIR;
   (VIII)  THE  COMMUNITY  CONSULTANT  SHALL  ASSIGN APPLICATIONS TO EACH
 APPROPRIATE COMMITTEE;
   (IX) EACH COMMITTEE SHALL REVIEW, SOLICIT PUBLIC COMMENTS AND  WRITTEN
 SUBMISSIONS OF SUCH COMMENTS, AND HOLD PUBLIC HEARINGS;
   (X)  UPON  A  TWO-THIRDS  VOTE,  EACH  COMMITTEE SHALL ISSUE A FINDING
 EITHER ESTABLISHING PUBLIC SUPPORT APPROVING OR DISAPPROVING THE  APPLI-
 CATION.
   (F)  FOLLOWING  A TWO-THIRDS VOTE BY THE APPLICABLE COMMUNITY ADVISORY
 COMMITTEE, THE FOLLOWING SHALL APPLY:
   (I) UPON NOTIFICATION OF A FINDING OF SUPPORT IN APPROVAL OF AN APPLI-
 CATION FOLLOWING A TWO-THIRDS VOTE BY  THE  APPROPRIATE  COMMITTEE,  THE
 COMMUNITY CONSULTANT SHALL NOTIFY THE APPLICANT, BOARD, AND COMMISSION;
   (II)  FOLLOWING  SUCH  NOTIFICATION,  THE  APPLICANT  MUST  COMPLY AND
 RECEIVE APPROVAL UNDER THE APPLICABLE STATE AND  LOCAL  ZONING  REQUIRE-
 MENTS;
   (III)  THE  BOARD  SHALL NOT ISSUE A DECISION ON THE APPLICATION UNTIL
 THE APPLICANT PRESENTS EVIDENCE OF  COMPLIANCE  AND  APPROVAL  WITH  ALL
 NECESSARY STATE AND LOCAL ZONING REQUIREMENTS.
   4.  THE  EXPIRATION  OF THE SEVEN YEAR RESTRICTED PERIOD FROM THE DATE
 THAT AN INITIAL GAMING FACILITY LICENSE WAS AWARDED IS FEBRUARY  TWENTY-
 EIGHTH,  TWO THOUSAND TWENTY-THREE FOR THE THREE INITIAL CASINO LICENSES
 AND NOVEMBER TWENTY-SECOND, TWO  THOUSAND  TWENTY-THREE  FOR  THE  FINAL
 CASINO  LICENSE  AWARDED.  SHOULD  AN  APPLICANT  OR APPLICANTS COMMENCE
 GAMING ACTIVITIES PRIOR TO SUCH  DATES,  SUCH  APPLICANT  OR  APPLICANTS
 SHALL  BE  JOINTLY AND SEVERALLY LIABLE FOR PAYMENT OF THE PROPORTIONATE
 FEE FOR THE RESPECTIVE PERIOD REMAINING AS REQUIRED BY SECTION  THIRTEEN
 HUNDRED ELEVEN OF THIS ARTICLE.
   §  1321-E.  REQUIRED  CAPITAL INVESTMENT. 1. THE BOARD SHALL ESTABLISH
 THE MINIMUM  CAPITAL  INVESTMENT  FOR  EACH  UNAWARDED  GAMING  FACILITY
 LICENSE.  SUCH  INVESTMENT  MAY INCLUDE, BUT NOT BE LIMITED TO, A CASINO
 AREA, HOTEL AND OTHER AMENITIES; AND PROVIDED FURTHER,  THAT  THE  BOARD
 SHALL  DETERMINE  WHETHER IT WILL INCLUDE THE PURCHASE OR LEASE PRICE OF
 THE LAND WHERE THE GAMING FACILITY WILL BE LOCATED OR ANY INFRASTRUCTURE
 DESIGNED TO SUPPORT THE SITE INCLUDING, BUT NOT  LIMITED  TO,  DRAINAGE,
 UTILITY SUPPORT, ROADWAYS, INTERCHANGES, FILL AND SOIL OR GROUNDWATER OR
 SURFACE WATER CONTAMINATION ISSUES. THE BOARD MAY CONSIDER PRIVATE CAPI-
 TAL  INVESTMENT  MADE  PREVIOUS TO THE EFFECTIVE DATE OF THIS TITLE, BUT
 MAY, IN ITS DISCRETION, DISCOUNT A PERCENTAGE OF  THE  INVESTMENT  MADE.
 S. 8006--C                         207                        A. 9006--C
 
 UPON  AWARD  OF A GAMING LICENSE BY THE COMMISSION, THE COMMISSION SHALL
 REQUIRE THE APPLICANT TO DEPOSIT NO LESS THAN FIVE PERCENT AND  NO  MORE
 THAN  TEN  PERCENT  OF  THE TOTAL INVESTMENT PROPOSED IN THE APPLICATION
 INTO  AN  INTEREST-BEARING  ACCOUNT BASED ON THE LIQUIDITY OF THE APPLI-
 CANT.  MONIES RECEIVED FROM THE APPLICANT SHALL BE HELD IN ESCROW  UNTIL
 THE  FINAL  STAGE  OF  CONSTRUCTION,  AS  DETAILED  IN  THE  TIMELINE OF
 CONSTRUCTION SUBMITTED WITH THE LICENSEE'S APPLICATION AND  APPROVED  BY
 THE  COMMISSION, AT WHICH TIME THE DEPOSIT PLUS INTEREST EARNED SHALL BE
 RETURNED TO THE APPLICANT TO BE APPLIED FOR THE FINAL STAGE. SHOULD  THE
 APPLICANT  BE  UNABLE TO COMPLETE THE GAMING FACILITY, THE DEPOSIT SHALL
 BE FORFEITED TO THE STATE. IN PLACE OF A CASH  DEPOSIT,  THE  COMMISSION
 MAY  ALLOW  FOR AN APPLICANT TO SECURE A DEPOSIT BOND INSURING THAT SUCH
 PERCENT OF THE PROPOSED CAPITAL INVESTMENT SHALL  BE  FORFEITED  TO  THE
 STATE IF THE APPLICANT IS UNABLE TO COMPLETE THE GAMING FACILITY.
   2.  EACH  APPLICANT  SHALL SUBMIT ITS PROPOSED CAPITAL INVESTMENT WITH
 ITS APPLICATION TO THE BOARD WHICH SHALL INCLUDE STAGES OF  CONSTRUCTION
 OF  THE GAMING FACILITY AND THE DEADLINE BY WHICH THE STAGES AND OVERALL
 CONSTRUCTION AND ANY INFRASTRUCTURE IMPROVEMENTS WILL BE  COMPLETED.  IN
 AWARDING  A  LICENSE,  THE  COMMISSION  SHALL DETERMINE AT WHAT STAGE OF
 CONSTRUCTION A LICENSEE SHALL BE APPROVED TO OPEN FOR GAMING;  PROVIDED,
 HOWEVER,  THAT A LICENSEE SHALL NOT BE APPROVED TO OPEN FOR GAMING UNTIL
 THE COMMISSION HAS DETERMINED THAT AT LEAST THE GAMING  AREA  AND  OTHER
 ANCILLARY  ENTERTAINMENT  SERVICES AND NON-GAMING AMENITIES, AS REQUIRED
 BY THE BOARD, HAVE BEEN BUILT AND ARE OF A SUPERIOR QUALITY AS SET FORTH
 IN THE CONDITIONS OF LICENSURE.  THE  COMMISSION  SHALL  NOT  APPROVE  A
 GAMING  FACILITY  TO  OPEN BEFORE THE COMPLETION OF THE PERMANENT CASINO
 AREA.
   3. THE BOARD SHALL DETERMINE A LICENSING FEE TO BE PAID BY A  LICENSEE
 WITHIN  THIRTY DAYS AFTER THE AWARD OF THE LICENSE WHICH SHALL BE DEPOS-
 ITED INTO THE COMMERCIAL GAMING REVENUE FUND, PROVIDED HOWEVER  THAT  NO
 LICENSING  FEE  SHALL  BE  LESS  THAN FIVE HUNDRED MILLION DOLLARS.  THE
 LICENSE SHALL SET FORTH THE CONDITIONS TO BE SATISFIED BY  THE  LICENSEE
 BEFORE THE GAMING FACILITY SHALL BE OPENED TO THE PUBLIC. THE COMMISSION
 SHALL  SET  ANY  RENEWAL  FEE FOR SUCH LICENSE BASED ON THE COST OF FEES
 ASSOCIATED WITH THE EVALUATION OF A LICENSEE UNDER  THIS  ARTICLE  WHICH
 SHALL  BE  DEPOSITED  INTO THE COMMERCIAL GAMING FUND.  SUCH RENEWAL FEE
 SHALL BE EXCLUSIVE OF ANY SUBSEQUENT LICENSING FEES UNDER THIS SECTION.
   4. THE COMMISSION SHALL DETERMINE THE SOURCES AND TOTAL AMOUNT  OF  AN
 APPLICANT'S  PROPOSED CAPITALIZATION TO DEVELOP, CONSTRUCT, MAINTAIN AND
 OPERATE A PROPOSED GAMING FACILITY UNDER THIS ARTICLE. UPON AWARD  OF  A
 GAMING  LICENSE, THE COMMISSION SHALL CONTINUE TO ASSESS THE CAPITALIZA-
 TION OF A LICENSEE FOR THE DURATION  OF  CONSTRUCTION  OF  THE  PROPOSED
 GAMING FACILITY AND THE TERM OF THE LICENSE.
   §  1321-F.  MINIMUM LICENSE THRESHOLDS.  THE MINIMUM LICENSING THRESH-
 OLDS SHALL BE THE SAME  AS  THOSE  ESTABLISHED  UNDER  SECTION  THIRTEEN
 HUNDRED SIXTEEN OF THIS ARTICLE.
   §  1321-G.  INVESTIGATION  OF LICENSE APPLICANTS.  THE PROCESS USED TO
 INVESTIGATE LICENSE APPLICANTS SHALL BE  THE  SAME  PROCESS  ESTABLISHED
 UNDER SECTION THIRTEEN HUNDRED SEVENTEEN OF THIS ARTICLE.
   §  1321-H.  DISQUALIFYING CRITERIA.  THE CRITERIA TO DISQUALIFY APPLI-
 CANTS SHALL BE THE  SAME  CRITERIA  USED  FOR  UPSTATE  GAMING  FACILITY
 LICENSING,  WHICH ARE ENUMERATED IN SECTION THIRTEEN HUNDRED EIGHTEEN OF
 THIS ARTICLE.
   § 1321-I. HEARINGS.  THE PROCESS USED FOR HEARINGS SHALL BE  THE  SAME
 PROCESS  ESTABLISHED  UNDER  SECTION  THIRTEEN  HUNDRED NINETEEN OF THIS
 ARTICLE.
 S. 8006--C                         208                        A. 9006--C
 
   § 1321-J. SITING EVALUATION. IN DETERMINING WHETHER AN APPLICANT SHALL
 BE ELIGIBLE FOR A GAMING FACILITY LICENSE, THE BOARD SHALL EVALUATE  AND
 MAKE  A  DETERMINATION  OF  HOW  EACH  APPLICANT PROPOSES TO ADVANCE THE
 FOLLOWING OBJECTIVES WITH CONSIDERATION GIVEN TO THE DIFFERENCES BETWEEN
 PROPOSED  PROJECTS  RELATED TO WHETHER IT IS A CONVERSION OF AN EXISTING
 VIDEO LOTTERY GAMING FACILITY OR  NEW  FACILITY  CONSTRUCTION,  AND  THE
 PROPOSED  LOCATION.    THE  BOARD  SHALL ALSO CONDUCT AN ANALYSIS OF THE
 REVENUE IMPACT OF EACH APPLICANT'S PROPOSED GAMING FACILITY ON  EXISTING
 FACILITIES AND POTENTIAL NEW FACILITIES.
   1.  THE  DECISION  BY  THE  BOARD  TO SELECT A GAMING FACILITY LICENSE
 APPLICANT SHALL BE WEIGHTED BY SEVENTY PERCENT BASED ON ECONOMIC  ACTIV-
 ITY AND BUSINESS DEVELOPMENT FACTORS INCLUDING:
   (A)  REALIZING  CAPITAL  INVESTMENT  EXCLUSIVE OF LAND ACQUISITION AND
 INFRASTRUCTURE IMPROVEMENTS;
   (B) MAXIMIZING REVENUES RECEIVED BY THE STATE AND LOCALITIES;
   (C) PROVIDING THE HIGHEST NUMBER OF QUALITY JOBS IN THE GAMING FACILI-
 TY;
   (D) BUILDING A GAMING FACILITY OF THE HIGHEST CALIBER WITH  A  VARIETY
 OF QUALITY AMENITIES;
   (E)  OFFERING THE HIGHEST AND BEST VALUE TO PATRONS TO CREATE A SECURE
 AND ROBUST GAMING MARKET IN THE REGION AND THE STATE;
   (F) DETAILING THE BENEFITS OF THE SITE LOCATION OF THE GAMING FACILITY
 AND THE ESTIMATED RECAPTURE RATE OF GAMING-RELATED SPENDING BY RESIDENTS
 TRAVELLING TO AN OUT-OF-STATE GAMING FACILITY;
   (G) OFFERING  A  REASONABLE  AND  FEASIBLE  CONSTRUCTION  SCHEDULE  TO
 COMPLETION OF THE FULL GAMING FACILITY;
   (H)  DEMONSTRATING  THE  ABILITY TO FULLY FINANCE THE GAMING FACILITY;
 AND
   (I) DEMONSTRATING EXPERIENCE IN THE DEVELOPMENT  AND  OPERATION  OF  A
 QUALITY GAMING FACILITY;
   2.  THE  DECISION  BY  THE  BOARD  TO SELECT A GAMING FACILITY LICENSE
 APPLICANT SHALL BE WEIGHTED BY TEN PERCENT BASED ON LOCAL IMPACT  SITING
 FACTORS INCLUDING:
   (A)  MITIGATING  POTENTIAL  IMPACTS  ON HOST AND NEARBY MUNICIPALITIES
 WHICH MIGHT RESULT FROM THE  DEVELOPMENT  OR  OPERATION  OF  THE  GAMING
 FACILITY;
   (B)  OPERATING IN PARTNERSHIP WITH AND PROMOTING LOCAL HOTELS, RESTAU-
 RANTS AND RETAIL FACILITIES SO THAT PATRONS EXPERIENCE THE FULL DIVERSI-
 FIED REGIONAL TOURISM INDUSTRY; AND
   (C) ESTABLISHING A FAIR AND REASONABLE PARTNERSHIP  WITH  LIVE  ENTER-
 TAINMENT  VENUES  THAT  MAY BE IMPACTED BY A GAMING FACILITY UNDER WHICH
 THE GAMING FACILITY ACTIVELY SUPPORTS THE MISSION AND THE  OPERATION  OF
 THE IMPACTED ENTERTAINMENT VENUES;
   3.  THE  DECISION  BY  THE  BOARD  TO SELECT A GAMING FACILITY LICENSE
 APPLICANT SHALL BE WEIGHTED BY TEN PERCENT BASED ON  WORKFORCE  ENHANCE-
 MENT FACTORS INCLUDING:
   (A) IMPLEMENTING A WORKFORCE DEVELOPMENT PLAN THAT UTILIZES THE EXIST-
 ING  LABOR  FORCE, INCLUDING THE ESTIMATED NUMBER OF CONSTRUCTION JOBS A
 PROPOSED GAMING FACILITY WILL GENERATE,  THE  DEVELOPMENT  OF  WORKFORCE
 TRAINING  PROGRAMS  THAT  SERVE THE UNEMPLOYED AND METHODS FOR ACCESSING
 EMPLOYMENT AT THE GAMING FACILITY;
   (B) TAKING ADDITIONAL MEASURES TO ADDRESS PROBLEM GAMBLING  INCLUDING,
 BUT  NOT  LIMITED  TO,  TRAINING OF GAMING EMPLOYEES TO IDENTIFY PATRONS
 EXHIBITING PROBLEMS WITH GAMBLING;
   (C) UTILIZING SUSTAINABLE DEVELOPMENT PRINCIPLES  INCLUDING,  BUT  NOT
 LIMITED TO:
 S. 8006--C                         209                        A. 9006--C
 
   (1)  HAVING NEW AND RENOVATION CONSTRUCTION CERTIFIED UNDER THE APPRO-
 PRIATE CERTIFICATION CATEGORY IN THE LEADERSHIP IN ENERGY  AND  ENVIRON-
 MENTAL  DESIGN GREEN BUILDING RATING SYSTEM CREATED BY THE UNITED STATES
 GREEN BUILDING COUNCIL;
   (2) EFFORTS TO MITIGATE VEHICLE TRIPS;
   (3) EFFORTS TO CONSERVE WATER AND MANAGE STORM WATER;
   (4)  DEMONSTRATING  THAT  ELECTRICAL AND HVAC EQUIPMENT AND APPLIANCES
 WILL BE ENERGY STAR LABELED WHERE AVAILABLE;
   (5) PROCURING OR GENERATING ON-SITE TEN PERCENT OF  ITS  ANNUAL  ELEC-
 TRICITY CONSUMPTION FROM RENEWABLE SOURCES; AND
   (6)  DEVELOPING  AN  ONGOING  PLAN  TO  SUBMETER AND MONITOR ALL MAJOR
 SOURCES OF ENERGY CONSUMPTION AND UNDERTAKE REGULAR EFFORTS TO  MAINTAIN
 AND IMPROVE ENERGY EFFICIENCY OF BUILDINGS IN THEIR SYSTEMS;
   (D)  ESTABLISHING,  FUNDING  AND MAINTAINING HUMAN RESOURCE HIRING AND
 TRAINING PRACTICES THAT PROMOTE THE DEVELOPMENT OF A SKILLED AND DIVERSE
 WORKFORCE AND ACCESS TO  PROMOTION  OPPORTUNITIES  THROUGH  A  WORKFORCE
 TRAINING PROGRAM THAT:
   (1)  ESTABLISHES  TRANSPARENT  CAREER  PATHS  WITH MEASURABLE CRITERIA
 WITHIN THE GAMING FACILITY THAT LEAD  TO  INCREASED  RESPONSIBILITY  AND
 HIGHER  PAY GRADES THAT ARE DESIGNED TO ALLOW EMPLOYEES TO PURSUE CAREER
 ADVANCEMENT AND PROMOTION;
   (2) PROVIDES EMPLOYEE ACCESS TO ADDITIONAL RESOURCES, SUCH AS  TUITION
 REIMBURSEMENT  OR  STIPEND  POLICIES, TO ENABLE EMPLOYEES TO ACQUIRE THE
 EDUCATION OR JOB TRAINING  NEEDED  TO  ADVANCE  CAREER  PATHS  BASED  ON
 INCREASED RESPONSIBILITY AND PAY GRADES; AND
   (3) ESTABLISHES AN ON-SITE CHILD DAY CARE PROGRAM;
   (E)  PURCHASING,  WHENEVER  POSSIBLE,  DOMESTICALLY  MANUFACTURED SLOT
 MACHINES FOR INSTALLATION IN THE GAMING FACILITY;
   (F) IMPLEMENTING A WORKFORCE DEVELOPMENT PLAN THAT:
   (1) UTILIZES THE EXISTING LABOR FORCE IN THE STATE;
   (2) ESTIMATES THE NUMBER OF CONSTRUCTION JOBS A GAMING  FACILITY  WILL
 GENERATE  AND  PROVIDES  FOR  EQUAL  EMPLOYMENT  OPPORTUNITIES AND WHICH
 INCLUDES SPECIFIC GOALS FOR THE UTILIZATION  OF  MINORITIES,  WOMEN  AND
 SERVICE-DISABLED VETERANS ON THOSE CONSTRUCTION JOBS;
   (3)  IDENTIFIES  WORKFORCE  TRAINING  PROGRAMS  OFFERED  BY THE GAMING
 FACILITY; AND
   (4) IDENTIFIES THE METHODS FOR  ACCESSING  EMPLOYMENT  AT  THE  GAMING
 FACILITY; AND
   (5)  INCORPORATES  A  WORKFORCE  DIVERSITY  FRAMEWORK, WHICH IS SCORED
 UNDER SUBDIVISION FOUR OF THIS SECTION.
   (G) DEMONSTRATING THAT THE APPLICANT HAS AN AGREEMENT  WITH  ORGANIZED
 LABOR,  INCLUDING HOSPITALITY SERVICES, AND HAS THE SUPPORT OF ORGANIZED
 LABOR FOR ITS APPLICATION, WHICH SPECIFIES:
   (1) THE NUMBER OF EMPLOYEES TO BE EMPLOYED  AT  THE  GAMING  FACILITY,
 INCLUDING  DETAILED INFORMATION ON THE PAY RATE AND BENEFITS FOR EMPLOY-
 EES AND CONTRACTORS  IN  THE  GAMING  FACILITY  AND  ALL  INFRASTRUCTURE
 IMPROVEMENTS RELATED TO THE PROJECT; AND
   (2) DETAILED PLANS FOR ASSURING LABOR HARMONY DURING ALL PHASES OF THE
 CONSTRUCTION,  RECONSTRUCTION,  RENOVATION, DEVELOPMENT AND OPERATION OF
 THE GAMING FACILITY.
   4. THE DECISION BY THE BOARD  TO  SELECT  A  GAMING  FACILITY  LICENSE
 APPLICANT  SHALL  BE WEIGHTED BY TEN PERCENT BASED ON A DIVERSITY FRAME-
 WORK. DIVERSITY FRAMEWORK FACTORS SHALL INCLUDE, BUT NOT BE LIMITED  TO,
 THE FOLLOWING:
 S. 8006--C                         210                        A. 9006--C
 
   (A) WORKFORCE DEMOGRAPHICS INCLUDING CURRENT EMPLOYMENT OF MINORITIES,
 WOMEN  AND  SERVICE-DISABLED VETERANS IN PERMANENT AND PART-TIME JOBS AT
 THE APPLICANT'S GAMING FACILITIES;
   (B) DIVERSITY IN THE OWNERSHIP AND LEADERSHIP OF THE CORPORATE ENTITY;
   (C) EFFORTS THE APPLICANT IS CURRENTLY UNDERTAKING TO ENSURE DIVERSITY
 AT  ITS  FACILITIES  AND  PLANS  TO  UNDERTAKE AT THIS PROPOSED FACILITY
 INCLUDING:
   (1) ESTABLISHING MENTORSHIP OPPORTUNITIES AND OTHER BUSINESS  DEVELOP-
 MENT PROGRAMS;
   (2)  INCORPORATING  AN AFFIRMATIVE ACTION PROGRAM OF EQUAL OPPORTUNITY
 BY WHICH THE APPLICANT GUARANTEES TO PROVIDE EQUAL  EMPLOYMENT  OPPORTU-
 NITIES  TO ALL EMPLOYEES QUALIFIED FOR LICENSURE IN ALL EMPLOYMENT CATE-
 GORIES, INCLUDING MINORITIES, WOMEN AND PERSONS WITH DISABILITIES;
   (3) PROVIDING SPECIFIC GOALS FOR THE INCLUSION  OF  MINORITIES,  WOMEN
 AND VETERANS ON CONSTRUCTION JOBS;
   (4)  ENSURING THAT ANY CONTRACTORS OR SUBCONTRACTORS TO ANY CONTRACTOR
 MAKE GOOD FAITH EFFORTS TO PROVIDE MINORITIES,  WOMEN  AND  VETERANS  AN
 OPPORTUNITY TO PARTICIPATE IN THE WORKFORCE;
   (5) WORKING AND PARTNERING WITH MINORITY-OWNED BUSINESSES;
   (6)  DEVELOPING  A  PLAN OF ACTION THAT SHALL PROMOTE DIVERSITY IN ITS
 BUSINESS MODEL,  FINANCING,  EMPLOYMENT  GOALS,  AND  OTHER  SOCIAL  AND
 ECONOMIC EQUITY ROLES IN THE GAMING INDUSTRY; AND
   (7) ANY SUCH FURTHER CRITERIA AS THE BOARD SHALL SEE FIT FOR INCLUSION
 AFTER  CONSULTATION  WITH  THE DIVISION OF MINORITY AND WOMEN'S BUSINESS
 DEVELOPMENT IN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   § 1321-K. ZONING. 1. NOTWITHSTANDING SECTION THIRTEEN  HUNDRED  SIXTY-
 SIX  OF  THIS  ARTICLE,  ALL GAMING FACILITIES LICENSED PURSUANT TO THIS
 TITLE SHALL COMPLY WITH ALL RELEVANT CITY, COUNTY, TOWN, OR VILLAGE LAND
 USE OR ZONING ORDINANCES, RULES, OR REGULATIONS IF APPLICABLE.
   2. (A) IN ADDITION, FOR ANY GAMING FACILITY LOCATED WITHIN THE CITY OF
 NEW YORK, ALL APPLICABLE ZONING  PROVISIONS  SHALL  BE  SUBJECT  TO  THE
 UNIFORM  LAND USE REVIEW PROCEDURE PURSUANT TO SECTION ONE HUNDRED NINE-
 TY-SEVEN-C OF THE NEW YORK CITY CHARTER IF SUCH PROVISIONS WOULD  OTHER-
 WISE BE APPLICABLE; AND
   (B) ANY DETERMINATION ON WHETHER GAMING IS A PERMISSIBLE USE OR ACTIV-
 ITY OR WHETHER ANY OTHER ACTIVITY TAKEN PURSUANT TO THE UNIFORM LAND USE
 REVIEW  PROCEDURE  SHALL  NOT  BE  SUBJECT TO A MAYORAL ZONING OVERRIDE,
 SPECIAL PERMIT PROCESS, OR ANY OTHER ACTION OR DECISION  THAT  PREEMPTS,
 CIRCUMVENTS, OR SUPERSEDES THE USUAL AND CUSTOMARY LOCAL ZONING PROCESS.
   § 8. Section 1351 of the racing, pari-mutuel wagering and breeding law
 is amended by adding a new subdivision 1-a to read as follows:
   1-A.    FOR A GAMING FACILITY LICENSED PURSUANT TO TITLE TWO-A OF THIS
 ARTICLE, THERE IS HEREBY IMPOSED A TAX ON GROSS GAMING REVENUES WITH THE
 RATES TO BE DETERMINED BY THE GAMING COMMISSION PURSUANT  TO  A  COMPET-
 ITIVE  BIDDING  PROCESS  AS  OUTLINED  IN  TITLE  TWO-A OF THIS ARTICLE;
 PROVIDED HOWEVER THAT THE TAX RATE ON GROSS  GAMING  REVENUE  FROM  SLOT
 MACHINES  SHALL  BE NO LESS THAN TWENTY-FIVE PERCENT AND THE TAX RATE ON
 GROSS GAMING REVENUE FROM ALL OTHER SOURCES SHALL BE NO  LESS  THAN  TEN
 PERCENT.
   §  9.  Section  109-a of the racing, pari-mutuel wagering and breeding
 law, as added by chapter 174 of the laws of 2013, is amended to read  as
 follows:
   §  109-a.  Separate  board  for  facility siting. The commission shall
 establish a separate board to be known as the New York  gaming  facility
 location board to perform designated functions under article thirteen of
 this chapter, the following provisions shall apply to the board:
 S. 8006--C                         211                        A. 9006--C
 
   1.  The commission shall select five members and name the chair of the
 board. Each member of the board shall be a resident of the state of  New
 York.  No  member  of  the legislature or person holding any elective or
 appointive office in federal, state or local government shall be  eligi-
 ble to serve as a member of the board.
   2.  A  MAJORITY  OF MEMBERS OF THE BOARD SHALL BE APPOINTED WITHIN ONE
 HUNDRED EIGHTY DAYS OF THE DATE THAT TITLE TWO-A OF THIS  ARTICLE  SHALL
 BECOME LAW.
   3.  Qualifications of members. Members of the board shall each possess
 no less than ten years of responsible experience in fiscal  matters  and
 shall have any one or more of the following qualifications:
   (a)  significant  service  as  an  accountant  economist, or financial
 analyst experienced in finance or economics;
   (b) significant service in an academic field relating  to  finance  or
 economics;
   (c)  significant  service  and knowledge of the commercial real estate
 industry; or
   (d) significant service as an executive  with  fiduciary  responsibil-
 ities in charge of a large organization or foundation.
   [3.] 4. No member of the board:
   (a)  may  have  a  close familial or business relationship to a person
 that holds a license under this chapter;
   (b) may have any direct or indirect financial interest, ownership,  or
 management, including holding any stocks, bonds, or other similar finan-
 cial interests in any gaming activities, including horse racing, lottery
 or gambling;
   (c)  may  receive or share in, directly or indirectly, the receipts or
 proceeds of any gaming activities, including horse  racing,  lottery  or
 gambling;
   (d) may have a beneficial interest in any contract for the manufacture
 or  sale  of  gaming devices, the conduct of any gaming activity, or the
 provision of any independent consulting services in connection with  any
 establishment licensed under this chapter.
   [4.]  5.  Board  members are entitled to actual and necessary expenses
 incurred in the discharge of their duties but may  not  receive  compen-
 sation for their service on the board.
   [5.] 6. (a) The commission shall provide staff to the board.
   (b)  The  board [shall] MAY contract with [an outside] A consultant to
 [provide] ASSIST IN THE analysis of [the gaming industry and to  support
 the  board's  comprehensive  review  and evaluation of the] applications
 submitted [to the board] for gaming facility licenses.
   (c) The board may contract with attorneys, accountants,  auditors  and
 financial and other experts to render necessary services.
   (d) All other state agencies shall cooperate with and assist the board
 in  the fulfillment of its duties under this article and may render such
 services to the board within their respective functions as the board may
 reasonably request.
   [6] 7. Utilizing the powers and duties prescribed for  it  by  article
 thirteen  of this chapter, the board shall select, through a competitive
 process consistent with provisions of article thirteen of this  chapter,
 not  more  than  [four]  SEVEN  gaming facility license applicants. Such
 selectees shall be authorized to receive a gaming facility  license,  if
 found suitable by the commission. The board may select another applicant
 for  authorization  to  be  licensed  as a gaming facility if a previous
 selectee fails to meet licensing thresholds, is revoked or surrenders  a
 license opportunity.
 S. 8006--C                         212                        A. 9006--C
   § 10. The opening paragraph of section 1348 of the racing, pari-mutuel
 wagering and breeding law, as added by chapter 174 of the laws of  2013,
 is amended to read as follows:
   In  addition  to  any  other tax or fee imposed by this article, there
 shall be imposed an annual license fee of five hundred dollars for  each
 slot  machine  and  table approved by the commission for use by a gaming
 licensee at a gaming facility LOCATED IN ZONE TWO; [provided] AND  THERE
 SHALL  BE  IMPOSED  AN ANNUAL LICENSE FEE OF SEVEN HUNDRED FIFTY DOLLARS
 FOR  EACH  SLOT  MACHINE AND TABLE GAME  APPROVED  BY THE COMMISSION FOR
 USE BY A GAMING LICENSEE AT A  GAMING  FACILITY  LOCATED  IN  ZONE  ONE.
 PROVIDED,  however,  that  not  sooner than five years after award of an
 original gaming license, the commission may annually adjust the fee  for
 inflation.  The  fee  shall be imposed as of July first of each year for
 all approved slot machines and tables on that date and shall be assessed
 on a pro rata basis for any slot machine or table approved for use ther-
 eafter.
   § 11. Section 1355 of the racing, pari-mutuel  wagering  and  breeding
 law is amended by adding a new subdivision 3 to read as follows:
   3.  AS  PART  OF  THE  FINAL GAMING FACILITY LICENSE AWARD PROCESS FOR
 LICENSES AUTHORIZED UNDER TITLE TWO-A OF THIS  ARTICLE,  THE  COMMISSION
 SHALL  DETERMINE  THE OBLIGATIONS OF SUCH ENTITY OR ENTITIES REQUIRED TO
 MAINTAIN CERTAIN RACING SUPPORT PAYMENTS AT THE SAME DOLLAR LEVEL  REAL-
 IZED  IN  TWO  THOUSAND  NINETEEN,  TO  BE ADJUSTED ANNUALLY PURSUANT TO
 CHANGES IN  THE  CONSUMER  PRICE  INDEX  FOR  ALL  URBAN  CONSUMERS,  AS
 PUBLISHED  ANNUALLY  BY  THE UNITED STATES DEPARTMENT OF LABOR BUREAU OF
 LABOR STATISTICS.
   (A) IN EITHER REGION TWO OR THREE OF ZONE ONE, ONE OR  MORE  LICENSEES
 SHALL  PAY  AN AMOUNT TO HORSEMEN FOR THE PURPOSE OF ENHANCING PURSES AT
 AQUEDUCT RACETRACK, BELMONT PARK RACETRACK AND SARATOGA RACE COURSE,  AN
 AMOUNT TO THE FRANCHISE CORPORATION, AND AN AMOUNT TO THE NEW YORK STATE
 THOROUGHBRED  BREEDING AND DEVELOPMENT FUND THAT, IN AGGREGATE, SHALL BE
 EQUAL TO THE RACING SUPPORT PAYMENTS  MADE  FROM  VIDEO  LOTTERY  GAMING
 OPERATIONS  TO  THE  RELEVANT  HORSEMEN, BREEDERS ORGANIZATIONS OR FRAN-
 CHISED CORPORATION AT THE SAME DOLLAR LEVEL  REALIZED  IN  TWO  THOUSAND
 NINETEEN,  TO  BE  ADJUSTED ANNUALLY PURSUANT TO CHANGES IN THE CONSUMER
 PRICE INDEX FOR ALL URBAN CONSUMERS, AS PUBLISHED ANNUALLY BY THE UNITED
 STATES DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS.
   (B) IN REGION ONE OF ZONE ONE, ONE OR  MORE  LICENSEES  SHALL  PAY  AN
 AMOUNT  TO THE RELEVANT HORSEMEN AND THE BREEDERS ORGANIZATIONS AT YONK-
 ERS RACEWAY AT THE SAME DOLLAR LEVEL REALIZED IN TWO THOUSAND  NINETEEN,
 TO  BE ADJUSTED ANNUALLY PURSUANT TO CHANGES IN THE CONSUMER PRICE INDEX
 FOR ALL URBAN CONSUMERS, AS PUBLISHED  ANNUALLY  BY  THE  UNITED  STATES
 DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS.
   § 12. This act shall take effect immediately.
 
                                  PART SS
   Section  1.    The  second  undesignated paragraph of subdivision a of
 section 517 of the retirement and social security  law,  as  amended  by
 chapter 18 of the laws of 2012, is amended to read as follows:
   Notwithstanding  the  foregoing,  during  each of the first three plan
 years (April first to March  thirty-first)  in  which  such  member  has
 established  membership  in  the  New  York  state  and local employees'
 retirement system, such member shall contribute a percentage  of  annual
 wages  in accordance with the preceding schedule based upon a projection
 of annual wages provided by the employer. NOTWITHSTANDING THE FOREGOING,
 S. 8006--C                         213                        A. 9006--C
 
 WHEN DETERMINING THE RATE AT WHICH EACH SUCH MEMBER WHO BECAME A  MEMBER
 OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER
 APRIL  FIRST,  TWO  THOUSAND  TWELVE  SHALL CONTRIBUTE FOR ANY PLAN YEAR
 (APRIL  FIRST  TO  MARCH THIRTY-FIRST) BETWEEN APRIL FIRST, TWO THOUSAND
 TWENTY-TWO AND APRIL FIRST, TWO THOUSAND TWENTY-FOUR, SUCH RATE SHALL BE
 DETERMINED BY REFERENCE TO EMPLOYEES ANNUAL BASE WAGES OF SUCH MEMBER IN
 THE SECOND PLAN YEAR (APRIL FIRST TO MARCH THIRTY-FIRST) PRECEDING  SUCH
 CURRENT PLAN YEAR. BASE WAGES SHALL INCLUDE REGULAR PAY, SHIFT DIFFEREN-
 TIAL PAY, LOCATION PAY, AND ANY INCREASED HIRING RATE PAY, BUT SHALL NOT
 INCLUDE ANY OVERTIME PAYMENTS.
   §  2.  The second undesignated paragraph of paragraph 1 and the second
 undesignated paragraph of paragraph  2  of  subdivision  a,  the  second
 undesignated  paragraph  of  subdivision  f  and the second undesignated
 paragraph of subdivision g of section 613 of the retirement  and  social
 security  law,  the second undesignated paragraph of paragraph 1 and the
 second undesignated paragraph of paragraph 2 of subdivision a as amended
 by chapter 510 of the laws of 2015 and the second undesignated paragraph
 of subdivision f and the second undesignated paragraph of subdivision  g
 as  amended  by  chapter  18 of the laws of 2012, are amended to read as
 follows:
   Notwithstanding the foregoing, during each of  the  first  three  plan
 years (April first to March thirty-first, except for members of New York
 city  employees'  retirement  system, New York city teachers' retirement
 system and New York city board of education retirement system, plan year
 shall mean January first through December thirty-first  commencing  with
 the  January  first  next succeeding the effective date of [the] chapter
 FIVE HUNDRED TEN of the laws of two thousand fifteen [that amended  this
 paragraph])  in which such member has established membership in a public
 retirement system of the state, such member shall contribute a  percent-
 age of annual wages in accordance with the preceding schedule based upon
 a  projection  of annual wages provided by the employer. NOTWITHSTANDING
 THE FOREGOING, WHEN DETERMINING THE RATE AT WHICH EACH SUCH  MEMBER  WHO
 BECAME  A  MEMBER  OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
 SYSTEM, NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, NEW YORK CITY TEACH-
 ERS' RETIREMENT SYSTEM AND NEW YORK CITY BOARD OF  EDUCATION  RETIREMENT
 SYSTEM,  ON  OR  AFTER APRIL FIRST, TWO THOUSAND TWELVE SHALL CONTRIBUTE
 FOR ANY PLAN YEAR (APRIL FIRST TO MARCH THIRTY-FIRST, EXCEPT FOR MEMBERS
 OF THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, NEW YORK CITY  TEACH-
 ERS'  RETIREMENT  SYSTEM AND NEW YORK CITY BOARD OF EDUCATION RETIREMENT
 SYSTEM, PLAN YEAR SHALL MEAN JANUARY FIRST THROUGH DECEMBER THIRTY-FIRST
 COMMENCING WITH JANUARY FIRST NEXT SUCCEEDING   THE  EFFECTIVE  DATE  OF
 CHAPTER  FIVE  HUNDRED  TEN OF THE LAWS OF TWO THOUSAND FIFTEEN) BETWEEN
 APRIL FIRST, TWO THOUSAND TWENTY-TWO AND APRIL FIRST, TWO THOUSAND TWEN-
 TY-FOUR, SUCH RATE SHALL BE DETERMINED BY REFERENCE TO EMPLOYEES  ANNUAL
 BASE  WAGES OF SUCH MEMBER IN THE SECOND PLAN YEAR (APRIL FIRST TO MARCH
 THIRTY-FIRST) PRECEDING SUCH CURRENT PLAN YEAR. BASE WAGES SHALL INCLUDE
 REGULAR PAY, SHIFT DIFFERENTIAL PAY, LOCATION  PAY,  AND  ANY  INCREASED
 HIRING  RATE PAY, BUT SHALL NOT INCLUDE ANY OVERTIME PAYMENTS OR COMPEN-
 SATION EARNED FOR EXTRACURRICULAR  PROGRAMS  OR  ANY  OTHER  PENSIONABLE
 EARNINGS PAID IN ADDITION TO THE ANNUAL BASE WAGES.
   Notwithstanding  the  foregoing,  during  each of the first three plan
 years (April first to March thirty-first, provided, however,  that  plan
 year  shall  mean January first through December thirty-first commencing
 with the January first next succeeding the effective date of [the] chap-
 ter FIVE HUNDRED TEN of the laws of two thousand fifteen  [that  amended
 this  paragraph]) in which such member has established membership in the
 S. 8006--C                         214                        A. 9006--C
 
 New York city employees' retirement system, such member shall contribute
 a percentage of annual wages in accordance with the  preceding  schedule
 based  upon  a  projection  of  annual  wages  provided by the employer.
 NOTWITHSTANDING  THE  FOREGOING, WHEN DETERMINING THE RATE AT WHICH EACH
 SUCH MEMBER WHO BECAME A MEMBER OF, NEW YORK CITY EMPLOYEES'  RETIREMENT
 SYSTEM,  ON  OR  AFTER APRIL FIRST, TWO THOUSAND TWELVE SHALL CONTRIBUTE
 FOR ANY  PLAN  YEAR (APRIL FIRST TO MARCH THIRTY-FIRST, PROVIDED, HOWEV-
 ER, THAT PLAN YEAR SHALL MEAN JANUARY  FIRST  THROUGH  DECEMBER  THIRTY-
 FIRST  COMMENCING  WITH  THE JANUARY FIRST NEXT SUCCEEDING THE EFFECTIVE
 DATE OF CHAPTER FIVE HUNDRED TEN OF THE LAWS OF  TWO  THOUSAND  FIFTEEN)
 BETWEEN  APRIL FIRST, TWO THOUSAND TWENTY-TWO AND APRIL FIRST, TWO THOU-
 SAND TWENTY-FOUR,   SUCH RATE   SHALL  BE  DETERMINED  BY  REFERENCE  TO
 EMPLOYEES  ANNUAL  BASE  WAGES  OF  SUCH  MEMBER IN THE SECOND PLAN YEAR
 (APRIL FIRST TO MARCH  THIRTY-FIRST) PRECEDING  SUCH CURRENT PLAN  YEAR.
 BASE  WAGES  SHALL INCLUDE REGULAR PAY, SHIFT DIFFERENTIAL PAY, LOCATION
 PAY, AND ANY INCREASED HIRING RATE PAY, BUT SHALL NOT INCLUDE ANY  OVER-
 TIME PAYMENTS.
   Notwithstanding  the  foregoing,  during  each of the first three plan
 years (April first to March  thirty-first)  in  which  such  member  has
 established  membership  in  the  New  York  state  and local employees'
 retirement system, such member shall contribute a percentage  of  annual
 wages  in accordance with the preceding schedule based upon a projection
 of annual wages provided by the employer. NOTWITHSTANDING THE FOREGOING,
 WHEN DETERMINING THE RATE AT WHICH EACH SUCH MEMBER WHO BECAME A  MEMBER
 OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER
 APRIL  FIRST,  TWO  THOUSAND  TWELVE  SHALL CONTRIBUTE FOR ANY PLAN YEAR
 (APRIL FIRST TO MARCH THIRTY-FIRST) BETWEEN APRIL  FIRST,  TWO  THOUSAND
 TWENTY-TWO AND APRIL FIRST, TWO THOUSAND TWENTY-FOUR, SUCH RATE SHALL BE
 DETERMINED BY REFERENCE TO EMPLOYEES ANNUAL BASE WAGES OF SUCH MEMBER IN
 THE  SECOND PLAN YEAR (APRIL FIRST TO MARCH THIRTY-FIRST) PRECEDING SUCH
 CURRENT PLAN YEAR. BASE WAGES SHALL INCLUDE REGULAR PAY, SHIFT DIFFEREN-
 TIAL PAY, LOCATION PAY, AND ANY INCREASED HIRING RATE PAY, BUT SHALL NOT
 INCLUDE ANY OVERTIME PAYMENTS.
   Notwithstanding the foregoing, during each of  the  first  three  plan
 years  (July  first  to  June thirtieth) in which such member has estab-
 lished membership in the New York  state  teachers'  retirement  system,
 such  member shall contribute a percentage of annual wages in accordance
 with the preceding schedule based upon  a  projection  of  annual  wages
 provided  by the employer. NOTWITHSTANDING THE FOREGOING, WHEN DETERMIN-
 ING THE CONTRIBUTION RATE AT WHICH A MEMBER OF THE NEW YORK STATE TEACH-
 ERS' RETIREMENT SYSTEM WITH A DATE  OF  MEMBERSHIP  ON  OR  AFTER  APRIL
 FIRST,  TWO  THOUSAND TWELVE SHALL CONTRIBUTE FOR PLAN YEARS (JULY FIRST
 TO JUNE THIRTIETH) BETWEEN JULY FIRST, TWO THOUSAND TWENTY-TWO AND  JULY
 FIRST, TWO THOUSAND TWENTY-FOUR, SUCH RATE SHALL BE DETERMINED BY REFER-
 ENCE  TO  THE  MEMBER'S  ANNUAL BASE WAGES IN THE SECOND PLAN YEAR (JULY
 FIRST TO JUNE THIRTIETH) PRECEDING SUCH CURRENT PLAN YEAR.  ANNUAL  BASE
 WAGES SHALL NOT INCLUDE COMPENSATION EARNED FOR EXTRACURRICULAR PROGRAMS
 OR  ANY  OTHER  PENSIONABLE EARNINGS PAID IN ADDITION TO THE ANNUAL BASE
 WAGES.
   § 3. The second undesignated paragraph of section 1204 of the  retire-
 ment  and  social  security law, as amended by chapter 18 of the laws of
 2012, is amended to read as follows:
   Notwithstanding the foregoing, during each of  the  first  three  plan
 years  (April  first  to  March  thirty-first)  in which such member has
 established membership in the New York state and local police  and  fire
 retirement  system,  such member shall contribute a percentage of annual
 S. 8006--C                         215                        A. 9006--C
 
 wages in accordance with the preceding schedule based upon a  projection
 of annual wages provided by the employer. NOTWITHSTANDING THE FOREGOING,
 WHEN  DETERMINING THE RATE AT WHICH EACH SUCH MEMBER WHO BECAME A MEMBER
 OF  THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR
 AFTER APRIL FIRST, TWO THOUSAND TWELVE SHALL  CONTRIBUTE  FOR  ANY  PLAN
 YEAR  (APRIL FIRST TO MARCH THIRTY-FIRST) BETWEEN APRIL FIRST, TWO THOU-
 SAND TWENTY-TWO AND APRIL FIRST, TWO  THOUSAND  TWENTY-FOUR,  SUCH  RATE
 SHALL  BE DETERMINED BY REFERENCE TO EMPLOYEES ANNUAL BASE WAGES OF SUCH
 MEMBER IN THE SECOND PLAN  YEAR  (APRIL  FIRST  TO  MARCH  THIRTY-FIRST)
 PRECEDING  SUCH CURRENT PLAN YEAR. BASE WAGES SHALL INCLUDE REGULAR PAY,
 SHIFT DIFFERENTIAL PAY, LOCATION PAY, AND ANY INCREASED HIRING RATE PAY,
 BUT SHALL NOT INCLUDE ANY OVERTIME PAYMENTS. Effective April first,  two
 thousand  twelve,  all members subject to the provisions of this article
 shall not be required to  make  member  contributions  on  annual  wages
 excluded  from  the  calculation  of  final  average  salary pursuant to
 section [1203] TWELVE HUNDRED THREE of this  article.  Nothing  in  this
 section,  however,  shall  be  construed  or  deemed to allow members to
 receive a refund of any member contributions on such wages paid prior to
 April first, two thousand twelve.
   § 4. Nothing in this act shall be construed or deemed to allow members
 to receive a refund of any member contributions made or collected  prior
 to the effective date of this act.
   §  5. Notwithstanding any other provision of law to the contrary, none
 of the provisions of this act shall be subject  to  section  25  of  the
 retirement and social security law.
   §  6.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would exclude overtime pay from the  annual  wages  used  to
 determine  the  variable  member contribution rate for Tier 6 members of
 the New York State and Local Retirement  System  during  the  period  of
 April  1,  2022  to  April  1,  2024.  There will be no return of member
 contributions.
   Section 25 does not apply.
   Insofar as this bill affects the New York State and  Local  Employees'
 Retirement  System  (NYSLERS), if this legislation is enacted during the
 2022 legislative session, there will be an increase in the present value
 of benefits of approximately $27 million which would be  shared  by  the
 State  of  New  York and all participating employers in the NYSLERS. The
 estimated first-year cost would be approximately  $1.2  million  to  the
 State  of  New  York and approximately $1.7 million to the participating
 employers in the NYSLERS.
   Insofar as this bill affects the New York State and Local  Police  and
 Fire Retirement System (NYSLPFRS), if this legislation is enacted during
 the  2022  legislative session, there will be an increase in the present
 value of benefits of approximately $5 million which would be  shared  by
 the  State  of New York and all participating employers in the NYSLPFRS.
 The estimated first-year cost would be approximately $0.1 million to the
 State of New York and approximately $0.4 million  to  the  participating
 employers in the NYSLPFRS.
   In  addition to the first-year costs discussed above, implementing the
 provisions of this legislation would generate administrative costs.
   Summary of relevant resources:
   Membership data as of March 31, 2021 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 S. 8006--C                         216                        A. 9006--C
 
 2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 and 2021 Annual Report to the Comptroller on Actuarial Assumptions,  and
 the  Codes,  Rules  and  Regulations of the State of New York: Audit and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2021
 New York State and Local  Retirement  System  Financial  Statements  and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This  fiscal note does not constitute a legal opinion on the viability
 of the proposed change nor is it intended to serve as a  substitute  for
 the professional judgment of an attorney.
   This  estimate,  dated April 7, 2022, and intended for use only during
 the 2022 Legislative Session, is Fiscal Note No. 2022-123,  prepared  by
 the Actuary for the New York State and Local Retirement System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   As  this  bill  relates  to  the  New  York State Teachers' Retirement
 System, this bill would amend Section 613 of the Retirement  and  Social
 Security Law to permit the employee contribution rate for Tier 6 members
 to  be  determined using only a member's annual base wages and would not
 include compensation earned for extracurricular programs  or  any  other
 pensionable  earnings  paid  in  addition  to the annual base wages, for
 employee contributions to be made during the  two  fiscal  years  ending
 June  30,  2023 and June 30, 2024.  Currently, the employee contribution
 rate for a Tier 6 member is determined using  a  member's  total  annual
 wages,  including  earnings  from extracurricular programs and any other
 pensionable earnings paid to the member.
   The cost for using only annual base wages to  determine  the  employee
 contribution  rate  for Tier 6 members during 2023 and 2024 is estimated
 to be $9.3 million, over the two-year period, if this bill  is  enacted.
 This  is not a recurring annual cost, but rather a temporary cost due to
 the projected decrease in employee contributions to be made  during  the
 two fiscal years ending June 30, 2023 and June 30, 2024.
   Member  data  is  from  the  System's  most recent actuarial valuation
 files, consisting of data provided by the employers  to  the  Retirement
 System.   Data distributions and statistics can be found in the System's
 Annual Report. System assets are as reported in the  System's  financial
 statements and can also be found in the System's Annual Report. Actuari-
 al  assumptions and methods are provided in the System's Actuarial Valu-
 ation Report and the 2021 Actuarial Assumptions Report.
   The source of this estimate is Fiscal Note 2022-37 dated April 6, 2022
 prepared by the Office of the Actuary of the New  York  State  Teachers'
 Retirement  System and is intended for use only during the 2022 Legisla-
 tive Session. I, Richard A. Young, am the Chief Actuary for the New York
 State Teachers' Retirement System. I am a member of the American Academy
 of Actuaries and I meet the  Qualification  Standards  of  the  American
 Academy of Actuaries to render the actuarial opinion contained herein.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY  OF  BILL: This proposed legislation, as it relates to the New
 York City Retirement Systems and  Pension  Funds  (NYCRS),  would  amend
 Section  613  of  the Retirement and Social Security Law (RSSL) to limit
 the salary used in determining  employee  contribution  rates  during  a
 certain  period  of  time  by  excluding  compensation  earned  for work
 performed outside of the regular hours or workday for Tier 6 members  of
 S. 8006--C                         217                        A. 9006--C
 
 the  New  York  City Employees' Retirement System (NYCERS), the New York
 City Teachers' Retirement System (NYCTRS), and the New York  City  Board
 of Education Retirement System (BERS).
   Effective Date: Upon enactment.
   BACKGROUND:  Currently, Tier 6 members of NYCERS, NYCTRS, and BERS are
 required to make Basic Member Contributions (BMC) ranging from 3% to  6%
 depending  on the members' applicable annual wages. Annual wages include
 overtime up to a certain limit ($17,301 for calendar year 2021).
   Under the proposed legislation, if enacted, any  pensionable  earnings
 paid  in  addition  to  the  annual  base  wages, including overtime and
 compensation earned for extracurricular activities, during the specified
 period would be excluded from annual wages used to calculate Tier 6  BMC
 rates.
   FINANCIAL  IMPACT  - PRESENT VALUES: The estimated financial impact of
 implementing the changes described above is a decrease  in  the  Present
 Value  of  member  contributions.  There is also a small decrease in the
 Present Value of Future Benefits (PVFB) as a result of  reduced  refunds
 of  member  contributions upon termination of employment. The net result
 is an increase in the Present Value of future employer contributions and
 annual employer contributions of NYCERS, NYCTRS, and BERS.  A  breakdown
 of the financial impact by System is shown in the table below.
 
                Additional                 Estimated First Year
 NYCRS     Present Value of Future           Annual Employer
           Employer Contributions             Contributions
                ($ Millions)                   ($ Millions)
 
 NYCERS              $ 9.9                           $0.9
 NYCTRS                6.1                            0.4
 BERS *                0.0                            0.0
 Total               $16.0                           $1.3**
 
   *  The  increase in the Present Value of future employer contributions
 and annual employer contributions for BERS is expected to be de minimis.
   ** The increase in the employer contributions is estimated to be  $0.8
 million  for  New  York  City and $0.5 million for the other obligors of
 NYCRS.
   In accordance with Section 13-638.2(k-2) of the Administrative Code of
 the City of New York  (ACCNY),  new  Unfunded  Accrued  Liability  (UAL)
 attributable to benefit changes are to be amortized as determined by the
 Actuary  but are generally amortized over the remaining working lifetime
 of those impacted by the benefit changes.
   As of June 30, 2021, the remaining working lifetime of NYCERS  Tier  6
 members is approximately 16 years, NYCTRS Tier 6 members is approximate-
 ly 20 years, and BERS Tier 6 members is approximately 15 years.
   For  purposes  of this Fiscal Note, the increase in the UAL for NYCERS
 was amortized over a 16-year period (15 payments under the One-Year  Lag
 Methodology  (OYLM)) using level dollar payments. Under the same method-
 ology the increase in the UAL for NYCTRS and BERS was amortized over  19
 and 14 payments, respectively.
   CONTRIBUTION  TIMING:  For  the  purposes  of  this Fiscal Note, it is
 assumed that the  changes  in  the  Present  Value  of  future  employer
 contributions  and  annual employer contributions would be reflected for
 the first time in the Final June 30, 2021 actuarial valuation of NYCERS,
 NYCTRS, and BERS. In accordance with the OYLM used to determine employer
 S. 8006--C                         218                        A. 9006--C
 
 contributions, the increase in employer  contributions  would  first  be
 reflected in Fiscal Year 2023.
   CENSUS  DATA:  The  estimates presented herein are based on the census
 data used in the Preliminary June 30, 2021 (Lag) actuarial valuation  of
 NYCERS,  NYCTRS,  and BERS to determine the Preliminary Fiscal Year 2023
 employer contributions.
   The table below contains a summary of  the  census  data  for  Tier  6
 members in NYCERS, NYCTRS, and BERS as of June 30, 2021.
 
 NYCRS      Active     Average      Average       Average
             Count       Age        Service        Salary
 
 NYCERS     71,663       41.3         3.9         $72,000
 NYCTRS     49,642       37.1         4.5         $74,600
 BERS       12,229       45.5         3.3         $50,400
 
   ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of
 future   employer   contributions   and  annual  employer  contributions
 presented herein have been calculated based on the actuarial assumptions
 and methods in effect for the June 30, 2021 (Lag)  actuarial  valuations
 used  to  determine  the  Preliminary Fiscal Year 2023 employer contrib-
 utions of NYCERS, NYCTRS, and BERS.
   RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
 highly  on the realization of the actuarial assumptions used, as well as
 certain demographic characteristics of  NYCERS,  NYCTRS,  and  BERS  and
 other  exogenous  factors  such  as  investment, contribution, and other
 risks. If actual experience deviates  from  actuarial  assumptions,  the
 actual  costs  could  differ from those presented herein. Costs are also
 dependent on the actuarial methods used, and therefore different actuar-
 ial methods could produce different results. Quantifying these risks  is
 beyond the scope of this Fiscal Note.
   Not measured in this Fiscal Note are the following:
   *  The initial, additional administrative costs of NYCERS, NYCTRS, and
 BERS and other New York City agencies to implement the  proposed  legis-
 lation.
   STATEMENT  OF  ACTUARIAL  OPINION: I, Michael J. Samet, am the Interim
 Chief Actuary for, and independent of,  the  New  York  City  Retirement
 Systems and Pension Funds. I am a Fellow of the Society of Actuaries and
 a  Member of the American Academy of Actuaries. I meet the Qualification
 Standards of the American Academy of Actuaries to render  the  actuarial
 opinion  contained  herein.  To  the  best  of my knowledge, the results
 contained  herein  have  been  prepared  in  accordance  with  generally
 accepted  actuarial  principles  and  procedures  and with the Actuarial
 Standards of Practice issued by the Actuarial Standards Board.
   FISCAL NOTE IDENTIFICATION: This Fiscal Note 2022-16  dated  April  7,
 2022  was  prepared  by  the Interim Chief Actuary for the New York City
 Employees' Retirement System, the New  York  City  Teachers'  Retirement
 System, and the New York City Board of Education Retirement System. This
 estimate is intended for use only during the 2022 Legislative Session.
 
                                  PART TT
 
   Section  1.  Subdivision a of section 516 of the retirement and social
 security law, as amended by section 4 of part B of chapter  504  of  the
 laws of 2009, is amended to read as follows:
 S. 8006--C                         219                        A. 9006--C
 
   a.  A member who has five or more years of credited service [or ten or
 more years of credited service for members who first join the  New  York
 state  and local employees' retirement system on or after January first,
 two thousand ten] upon termination of employment shall be entitled to  a
 deferred vested benefit as provided herein.
   §  2.  Subdivisions  a  and  a-1  of section 612 of the retirement and
 social security law, as amended by chapter 18 of the laws of  2012,  are
 amended to read as follows:
   a. Except as provided in subdivision a-1 of this section, a member who
 has  five  or  more  years of credited service[, or ten or more years of
 credited service for a member who first joined the New  York  state  and
 local  employees'  retirement  system  or  the  New York state teachers'
 retirement system on or after January first,  two  thousand  ten],  upon
 termination  of  employment,  other  than  a member who is entitled to a
 deferred vested benefit pursuant to any other provision of this article,
 shall be entitled to a deferred vested benefit at normal retirement  age
 computed  in  accordance with the provisions of section six hundred four
 of this article. Except as provided in subdivision a-1 of this  section,
 a  member  of  a  teachers'  retirement system or the New York state and
 local employees' retirement system who has five or more years of credit-
 ed service, [or ten or more years of credited service for a  member  who
 first  becomes  a  member  of  the  New  York state and local employees'
 retirement system or the New York state teachers' retirement  system  on
 or  after  January first, two thousand ten,] upon termination of employ-
 ment shall be entitled to a deferred  vested  benefit  prior  to  normal
 retirement  age, but no earlier than age fifty-five, computed in accord-
 ance with the provisions of subdivision i of section six  hundred  three
 of  this  article  as amended by section eight of part B of chapter five
 hundred four of the laws of two thousand nine. Anything to the  contrary
 notwithstanding, a member of a public retirement system of the state who
 first  became a member of such system on or after April first, two thou-
 sand twelve must have at least [ten] FIVE years of credited  service  in
 order  to qualify for a deferred vested benefit under this section; such
 member shall not be entitled to  such  benefit  prior  to  the  member's
 attainment of age sixty-three; and such deferred vested benefit shall be
 computed pursuant to subdivision b-1 of section six hundred four of this
 article.
   a-1.  Notwithstanding  the provisions of subdivision a of this section
 or any other provision of law to the contrary, (i) a member of  the  New
 York  city  teachers' retirement system who holds a position represented
 by  the  recognized  teacher  organization  for  collective   bargaining
 purposes, who became subject to the provisions of this article after the
 effective date of this subdivision, and who has [ten] FIVE or more years
 of  credited  service,  or  (ii)  a member of the New York city board of
 education retirement system who holds  a  position  represented  by  the
 recognized  teacher organization for collective bargaining purposes, who
 became subject to the provisions of this  article  after  the  effective
 date of this subdivision, and who has [ten]  FIVE or more years of cred-
 ited  service,  other  than  such  a member of either of such retirement
 systems who is entitled to a deferred vested  benefit  pursuant  to  any
 other  provision of this article, shall, upon termination of employment,
 be entitled to a  deferred  vested  benefit  at  normal  retirement  age
 computed  in  accordance with the provisions of section six hundred four
 of this article.   Notwithstanding the provisions of  subdivision  a  of
 this  section or any other provision of law to the contrary, a member of
 the New York city teachers'  retirement  system  who  holds  a  position
 S. 8006--C                         220                        A. 9006--C
 
 represented  by  the  recognized  teacher  organization  for  collective
 bargaining purposes, who became subject to the provisions of this  arti-
 cle after the effective date of this subdivision, and who has [ten] FIVE
 or  more  years  of credited service, shall, upon termination of employ-
 ment, be entitled to a deferred vested benefit prior to  normal  retire-
 ment  age,  but  no  earlier than age fifty-five, computed in accordance
 with the provisions of subdivision i of section  six  hundred  three  of
 this  article, provided, however, that any such member of either of such
 retirement systems who is a New York city revised plan member  shall  be
 required  to have at least [ten] FIVE years of credited service in order
 to be eligible for a deferred vested benefit, such member shall  not  be
 entitled  to  payability  of  such  benefit  prior  to attainment of age
 sixty-three and such deferred vested benefit shall be computed  pursuant
 to subdivision b-1 of section six hundred four of this article.
   §  3. Subdivisions a and b of section 502 of the retirement and social
 security law, as amended by section 2 of part B of chapter  504  of  the
 laws of 2009, are amended to read as follows:
   a.  A  member who first joins a public retirement system of this state
 on or after June thirtieth, nineteen hundred seventy-six  shall  not  be
 eligible for service retirement benefits hereunder until such member has
 rendered a minimum of five years of creditable service after July first,
 nineteen  hundred  seventy-three[,  except that a member who first joins
 the New York state and local employees' retirement system  on  or  after
 January  first,  two  thousand  ten  shall  not  be eligible for service
 retirement benefits pursuant to  this  article  until  such  member  has
 rendered a minimum of ten years of credited service].
   b.  A member who previously was a member of a public retirement system
 of this state shall not be  eligible  for  service  retirement  benefits
 hereunder  until  such  member  has  rendered a minimum of five years of
 service which is creditable pursuant to section five hundred thirteen of
 this article. [A member who first joins the New  York  state  and  local
 employees' retirement system on or after January first, two thousand ten
 shall  not  be eligible for service retirement benefits pursuant to this
 article until such member has rendered a minimum of ten years of credit-
 ed service.]
   § 4. Subdivisions a, b and b-1 of section 602 of  the  retirement  and
 social  security  law,  subdivisions  a  and  b as separately amended by
 section 6 of part B and section 1 of part C of chapter 504 of  the  laws
 of  2009,  and  subdivision  b-1 as amended by chapter 18 of the laws of
 2012, are amended to read as follows:
   a. Except as provided in subdivision b-1 of this section, a member who
 first joins a public retirement system of this state on  or  after  July
 first,  nineteen  hundred  seventy-six shall not be eligible for service
 retirement benefits hereunder until such member has rendered  a  minimum
 of five years of credited service[, except that a member who first joins
 the  New  York  state  and local employees' retirement system or the New
 York state teachers' retirement system on or after  January  first,  two
 thousand  ten  shall  not  be  eligible  for service retirement benefits
 pursuant to this article until such member has rendered a minimum of ten
 years of credited service].
   b. Except as provided in subdivision b-1 of this section, a member who
 previously was a member of a public  retirement  system  of  this  state
 shall  not  be  eligible for service retirement benefits hereunder until
 such member has rendered a minimum of five years  of  service  which  is
 credited pursuant to section six hundred nine of this article. [A member
 who  first  joins  the  New  York  state and local employees' retirement
 S. 8006--C                         221                        A. 9006--C
 system or the New York state teachers' retirement  system  on  or  after
 January  first,  two  thousand  ten  shall  not  be eligible for service
 retirement benefits pursuant to  this  article  until  such  member  has
 rendered a minimum of ten years of credited service.]
   b-1.  (1) Notwithstanding the provisions of subdivision a or b of this
 section or any other provision of law to the contrary, (i) a  member  of
 the  New  York  city  teachers'  retirement  system who holds a position
 represented  by  the  recognized  teacher  organization  for  collective
 bargaining  purposes,  and  who became subject to the provisions of this
 article after the effective date of this subdivision, or (ii)  a  member
 of  the  New  York city board of education retirement system who holds a
 position represented by the recognized teacher organization for  collec-
 tive  bargaining  purposes,  and who became subject to the provisions of
 this article after the effective date of this subdivision, shall not  be
 eligible for service retirement benefits hereunder until such member has
 rendered a minimum of [ten] FIVE years of credited service.
   (2)  Notwithstanding  the  provisions  of  subdivision  a or b of this
 section or any other provision of law to  the  contrary,  a  member  who
 first  joins  a  public retirement system of the state on or after April
 first, two thousand twelve shall not be eligible for service  retirement
 benefits  hereunder  until  such  member has rendered a minimum of [ten]
 FIVE years of credited service.
   § 5. Subparagraph (ii) of paragraph 1  of  subdivision  d  of  section
 604-b  of  the retirement and social security law, as amended by chapter
 18 of the laws of 2012, is amended to read as follows:
   (ii) [in the case of a participant who is not a New York city  revised
 plan member,] prior to such discontinuance, completed five but less than
 twenty-five  years of allowable service in the transit authority [or, in
 the case of a participant who is a New York city  revised  plan  member,
 has  completed  ten but less than twenty-five years of allowable service
 in the transit authority prior to such discontinuance]; and
   § 6. Subparagraph (ii) of paragraph 1  of  subdivision  d  of  section
 604-c  of  the retirement and social security law, as amended by chapter
 18 of the laws of 2012, is amended to read as follows:
   (ii) [in the case of a participant who is not a New York city  revised
 plan member,] prior to such discontinuance, completed five but less than
 twenty  years  of credited service [or, in the case of a participant who
 is a New York city revised plan member, has completed ten but less  than
 twenty years of credited service]; and
   §  7.  Subparagraph  (ii)  of  paragraph 1 of subdivision d of section
 604-e of the retirement and social security law, as amended  by  section
 41 of chapter 18 of the laws of 2012, is amended to read as follows:
   (ii)  [in the case of a participant who is not a New York city revised
 plan member,] who prior to such discontinuance, completed five but  less
 than  twenty-five years of allowable service as a dispatcher member [or,
 in the case of a participant who is a New York city revised plan member,
 who prior to such discontinuance, completed ten but  less  than  twenty-
 five years of allowable service as a dispatcher member]; and
   §  8.  Subparagraph  (ii)  of  paragraph 1 of subdivision d of section
 604-e of the retirement and social security law, as amended  by  section
 43 of chapter 18 of the laws of 2012, is amended to read as follows:
   (ii)  [in the case of a participant who is not a New York city revised
 plan member,] who prior to such discontinuance, completed five but  less
 than twenty-five years of allowable service as an EMT member [or, in the
 case  of  a  participant who is a New York city revised plan member, who
 S. 8006--C                         222                        A. 9006--C
 prior to such discontinuance, completed ten but  less  than  twenty-five
 years of allowable service as an EMT member]; and
   §  9.  Subparagraph  (ii)  of  paragraph 1 of subdivision d of section
 604-f of the retirement and social security law, as amended  by  section
 45 of chapter 18 of the laws of 2012, is amended to read as follows:
   (ii)  [in the case of a participant who is not a New York city revised
 plan member,] who prior to such discontinuance, completed five but  less
 than twenty-five years of credited service [or, in the case of a partic-
 ipant  who  is  a  New  York city revised plan member, who prior to such
 discontinuance, completed ten but less than twenty-five years of credit-
 ed service]; and
   § 10. Subparagraph (ii) of paragraph 1 of  subdivision  d  of  section
 604-f  of  the retirement and social security law, as amended by section
 47 of chapter 18 of the laws of 2012, is amended to read as follows:
   (ii) [in the case of a participant who is not a New York city  revised
 plan  member,] who prior to such discontinuance, completed five but less
 than twenty-five years of allowable service as a special officer,  park-
 ing  control  specialist,  school  safety agent, campus peace officer or
 taxi and limousine inspector member [or, in the case  of  a  participant
 who is a New York city revised plan member, who prior to such discontin-
 uance,  completed  ten  but  less  than  twenty-five  years of allowable
 service as a special officer, parking control specialist, school  safety
 agent, campus peace officer or taxi and limousine inspector member]; and
   §  11.  Subparagraph  (ii)  of paragraph 1 of subdivision d of section
 604-g of the retirement and social security law, as amended  by  chapter
 18 of the laws of 2012, is amended to read as follows:
   (ii)  [in the case of a participant who is not a New York city revised
 plan member,] who prior to such discontinuance, completed five but  less
 than twenty-five years of credited service [or, in the case of a partic-
 ipant  who  is  a  New  York city revised plan member, who prior to such
 discontinuance, completed ten but less than twenty-five years of credit-
 ed service]; and
   § 12. Subparagraph (ii) of paragraph 1 of  subdivision  d  of  section
 604-h  of  the retirement and social security law, as amended by chapter
 18 of the laws of 2012, is amended to read as follows:
   (ii) [in the case of a participant who is not a New York city  revised
 plan  member,] who prior to such discontinuance, completed five but less
 than twenty-five years of credited service [or, in the case of a partic-
 ipant who is a New York city revised plan  member,  who  prior  to  such
 discontinuance, completed ten but less than twenty-five years of credit-
 ed service]; and
   § 13. Subdivision a of section 1202 of the retirement and social secu-
 rity  law, as added by section 1 of part A of chapter 504 of the laws of
 2009, is amended to read as follows:
   a. In order to qualify  for  a  service  retirement  benefit,  members
 subject  to  the provisions of this article must have a minimum of [ten]
 FIVE years of creditable service.
   § 14. Nothing in this act  shall  be  construed  or  deemed  to  allow
 members  to  receive  a refund of any member contributions made prior to
 the effective date of this act.
   § 15. Notwithstanding any other provision of law to the contrary, none
 of the provisions of this act shall be subject  to  section  25  of  the
 retirement and social security law.
   § 16. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
 S. 8006--C                         223                        A. 9006--C
 
   This  bill  would provide members of Tier 5 and Tier 6 in the New York
 State and Local Employees' Retirement System (NYSLERS)  or  in  the  New
 York State and Local Police and Fire Retirement System (NYSLPFRS) vested
 status  upon  attainment of 5 years of service credit. It also clarifies
 that these NYSLERS members will only be ineligible for a service retire-
 ment benefit prior to attaining 5 years of service credit, to align with
 the revised vesting requirement. Currently, these members are ineligible
 for  a service retirement benefit prior to attaining 10 years of service
 credit, after which  they  become  vested  and  eligible  for  a  vested
 deferred benefit.
   Insofar  as  this  bill  affects  the  NYSLERS, if this legislation is
 enacted during the 2022 legislative session, there would be an  increase
 in  accrued  liabilities  of approximately $430 million, due to the past
 service accruals of tier 5 and 6 members, which would be shared  by  the
 State  of New York and all local participating employers in the NYSLERS.
 This will increase the billing rates charged annually to all participat-
 ing employers by approximately 0.2% of salary, beginning with the fiscal
 year ending March 31, 2023.
   In addition to the cost for past service above, there would be a  cost
 for  future  service  accruals  which  would further increase the annual
 billing rates for tier 5 members by 0.2% of salary  (for  a  0.4%  total
 annual  rate increase) and further increase the annual billing rates for
 tier 6 members  by  0.1%  of  salary  (for  a  0.3%  total  annual  rate
 increase).
   Insofar  as  this  bill  affects  the NYSLPFRS, if this legislation is
 enacted during the 2022 legislative session, there would be an  increase
 in  the  billing rates charged annually to the State of New York and all
 other participating employers in the NYSLPFRS of approximately  0.1%  of
 salary, beginning with the fiscal year ending March 31, 2023.
   These estimated costs are based on 250,109 affected members with annu-
 al salary of approximately $11.6 billion as of March 31, 2021.
   Summary of relevant resources:
   Membership  data as of March 31, 2021 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2021 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 and  2021 Annual Report to the Comptroller on Actuarial Assumptions, and
 the Codes, Rules and Regulations of the State of  New  York:  Audit  and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2021
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated April 6, 2022, and intended for use  only  during
 the  2022  Legislative Session, is Fiscal Note No. 2022-122, prepared by
 the Actuary for the New York State and Local Retirement System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   As this bill relates  to  the  New  York  State  Teachers'  Retirement
 System, this bill would amend Sections 602 and 612 of the Retirement and
 Social  Security Law by reducing the number of years of credited service
 S. 8006--C                         224                        A. 9006--C
 
 required for vesting to five years for Tier 5 and 6 members for purposes
 of eligibility for a service retirement  benefit  or  a  deferred-vested
 retirement  benefit.  Currently,  Tier  5 and 6 members need to have ten
 years  of credited service to be vested for a service retirement benefit
 or a deferred-vested  retirement  benefit.  Members  who  withdraw  with
 between  five  and  ten  years of service credit will have the option of
 either receiving a refund of their accumulated member  contributions  or
 receiving the deferred-vested retirement benefit when eligible.
   The  annual  cost  to  the  employers of members of the New York State
 Teachers' Retirement System for this benefit is  estimated  to  be  $6.2
 million or .04% of payroll if this bill is enacted.
   The  System's "new entrant rate", a hypothetical employer contribution
 rate that would occur if we started a new Retirement System without  any
 assets, is equal to 4.69% of pay under the current Tier 6 benefit struc-
 ture.  This can be thought of as the long-term expected employer cost of
 Tier 6, based on the current actuarial  assumptions.  For  the  proposed
 change to the Tier 6 benefit structure under this bill, this new entrant
 rate  is  estimated  to increase to 4.76% of pay, an increase of .07% of
 pay.
   Member data is from  the  System's  most  recent  actuarial  valuation
 files,  consisting  of  data provided by the employers to the Retirement
 System. Data distributions and statistics can be found in  the  System's
 Annual  Report.  System assets are as reported in the System's financial
 statements and can also be found in the System's Annual Report.  Actuar-
 ial assumptions and methods are provided in the System's Actuarial Valu-
 ation Report and the 2021 Actuarial Assumptions Report.
   The source of this estimate is Fiscal  Note  2022-36  dated  April  8,
 2022, prepared by the Office of the Actuary of the New York State Teach-
 ers'  Retirement  System  and  is  intended for use only during the 2022
 Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the
 New  York State Teachers' Retirement System. I am a member of the Ameri-
 can Academy of Actuaries and I meet the Qualification Standards  of  the
 American  Academy of Actuaries to render the actuarial opinion contained
 herein.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY OF BILL: This proposed legislation, as it relates to  the  New
 York  City  Retirement  Systems  (NYCRS),  would amend Article 15 of the
 Retirement and Social Security Law (RSSL) to reduce vesting requirements
 for certain Tier 4 members with a membership  date  after  December  10,
 2009  and  Tier  6  members  of  the New York City Employees' Retirement
 System (NYCERS), the New York City Teachers' Retirement System (NYCTRS),
 and the New York City Board of Education Retirement System (BERS).
   Effective Date: Upon enactment.
   IMPACT ON BENEFITS: Currently, Tier 6 members of NYCERS,  NYCTRS,  and
 BERS,  as  well as Tier 4 members of NYCTRS and BERS who held a position
 represented by  the  recognized  teacher  organization  and  who  became
 members  after December 10, 2009, need a minimum of 10 years of Credited
 Service to be eligible for a vested benefit. Such members are also inel-
 igible to retire for service without  at  least  10  years  of  Credited
 Service.
   Under the proposed legislation, if enacted, the required service for a
 vested  benefit  or  service retirement benefit would be lowered to five
 years.
   FINANCIAL IMPACT-SUMMARY: The financial impact will generally increase
 as the impacted populations increase over time, assuming that the  demo-
 graphics of new entrants remain similar to what they were historically.
 S. 8006--C                         225                        A. 9006--C
 
   The  estimated  financial impact of implementing the changes described
 above is an increase in the Present Value of Future Benefits (PVFB)  and
 a  decrease in the Present Value of member contributions. The net result
 is an increase in the Present Value of future employer contributions and
 annual  employer contributions for NYCERS, NYCTRS, and BERS. A breakdown
 of the financial impact by System is shown in the table below.
 
                            Additional             Estimated First Year
        NYCRS         Present Value of Future         Annual Employer
                      Employer Contributions           Contributions
                           ($ Millions)                ($ Millions)
        NYCERS                $110.8                       $25.8
        NYCTRS                  39.8                         7.8
        BERS                    30.9                         5.0
        Total                 $181.5                       $38.6*
 
   * The increase in the employer contributions is estimated to be  $24.5
 million  for  New  York City and $14.1 million for the other obligors of
 NYCRS.
   In accordance with Section 13-638.2(k-2) of the Administrative Code of
 the City of New York  (ACCNY),  new  Unfunded  Accrued  Liability  (UAL)
 attributable to benefit changes are to be amortized as determined by the
 Actuary  but are generally amortized over the remaining working lifetime
 of those impacted by the benefit changes.  As  of  June  30,  2021,  the
 remaining  working  lifetime  of  NYCERS Tier 6 members is approximately
 16-years, NYCTRS impacted members is approximately 20  years,  and  BERS
 impacted members is approximately 14 years.
   For  purposes  of this Fiscal Note, the increase in the UAL for NYCERS
 was amortized over a 16-year period (15 payments under the One-Year  Lag
 Methodology  (OYLM)) using level dollar payments. Under the same method-
 ology the increase in the UAL for NYCTRS and BERS was amortized over  19
 and 13 payments, respectively.
   CONTRIBUTION  TIMING:  For  the  purposes  of  this Fiscal Note, it is
 assumed that the  changes  in  the  Present  Value  of  future  employer
 contributions  and  annual employer contributions would be reflected for
 the first time in the  Final  June  30,  2021  actuarial  valuations  of
 NYCERS,  NYCTRS, and BERS. In accordance with the OYLM used to determine
 employer contributions, the increase  in  employer  contributions  would
 first be reflected in Fiscal Year 2023.
   CENSUS  DATA:  The  estimates presented herein are based on the census
 data used in the Preliminary June 30, 2021 (Lag) actuarial valuations of
 NYCERS, NYCTRS, and BERS to determine the Preliminary Fiscal  Year  2023
 employer contributions.
   The  table below contains a summary of the census data for the members
 in the plans affected by the proposed legislation as of June 30, 2021.
 
         NYCRS      Active      Average     Average     Average
                     Count        Age       Service     Salary
        NYCERS      71,663       41.3         3.9       $72,000
        NYCTRS      59,134       38.0         5.4       $76,200
         BERS       12,707       45.5         3.5       $52,100
   ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of
 future  employer  contributions  and   annual   employer   contributions
 presented herein have been calculated based on the actuarial assumptions
 and  methods  in effect for the June 30, 2021 (Lag) actuarial valuations
 S. 8006--C                         226                        A. 9006--C
 
 used to determine the Preliminary Fiscal  Year  2023  employer  contrib-
 utions of NYCERS, NYCTRS, and BERS.
   RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
 highly on the realization of the actuarial assumptions used, as well  as
 certain  demographic  characteristics  of  NYCERS,  NYCTRS, and BERS and
 other exogenous factors such  as  investment,  contribution,  and  other
 risks.  If  actual  experience  deviates from actuarial assumptions, the
 actual costs could differ from those presented herein.  Costs  are  also
 dependent on the actuarial methods used, and therefore different actuar-
 ial  methods could produce different results. Quantifying these risks is
 beyond the scope of this Fiscal Note.
   Not measured in this Fiscal Note are the following:
   * The initial, additional  administrative  costs  of  NYCERS,  NYCTRS,
 BERS,  and other New York City agencies to implement the proposed legis-
 lation.
   * The impact of this  proposed  legislation  on  Other  Postemployment
 Benefit (OPEB) costs.
   *  Costs  associated  with  former  members of NYCRS with five or more
 years of service who may become eligible  to  vest  under  the  proposed
 legislation.
   *  The  cost  of potential Tax-Deferred Annuity (TDA) plan accelerated
 vesting.
   STATEMENT OF ACTUARIAL OPINION: I, Michael J. Samet,  am  the  Interim
 Chief  Actuary  for,  and  independent  of, the New York City Retirement
 Systems and Pension Funds. I am a Fellow of the Society of Actuaries and
 a Member of the American Academy of Actuaries. I meet the  Qualification
 Standards  of  the American Academy of Actuaries to render the actuarial
 opinion contained herein. To the  best  of  my  knowledge,  the  results
 contained  herein  have  been  prepared  in  accordance  with  generally
 accepted actuarial principles and  procedures  and  with  the  Actuarial
 Standards of Practice issued by the Actuarial Standards Board.
   FISCAL  NOTE  IDENTIFICATION:  This Fiscal Note 2022-17 dated April 7,
 2022 was prepared by the Interim Chief Actuary for  the  New  York  City
 Employees'  Retirement  System,  the  New York City Teachers' Retirement
 System, and the New York City Board of Education Retirement System. This
 estimate is intended for use only during the 2022 Legislative Session.
 
                                  PART UU
 
   Section 1. This act enacts into law components of legislation relating
 to criminal justice reform. Each component is wholly contained within  a
 Subpart  identified as Subparts A through H. The effective date for each
 particular provision contained within such Subpart is set forth  in  the
 last  section  of  such  Subpart. Any provision in any section contained
 within a Subpart, including the effective date  of  the  Subpart,  which
 makes  a  reference  to a section "of this act", when used in connection
 with that particular component, shall be deemed to mean and refer to the
 corresponding section of the Subpart in which  it  is  found.    Section
 three of this act sets forth the general effective date of this act.
 
                                 SUBPART A
 
 Section  1.  Sections  265.12 and 265.13 of the penal law, as amended by
 chapter 764 of the laws of 2005, are amended to read as follows:
 § 265.12 Criminal sale of a firearm in the second degree.
 S. 8006--C                         227                        A. 9006--C
 
   A person is guilty of criminal sale of a firearm in the second  degree
 when such person:
   (1)  unlawfully sells, exchanges, gives or disposes of to another five
 or more firearms; or
   (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
 person  or persons a total of [five] TWO or more firearms in a period of
 not more than one year.
   Criminal sale of a firearm in the second degree is a class C felony.
 § 265.13 Criminal sale of a firearm in the first degree.
   A person is guilty of criminal sale of a firearm in the  first  degree
 when such person:
   (1)  unlawfully  sells, exchanges, gives or disposes of to another ten
 or more firearms; or
   (2) unlawfully sells, exchanges,  gives  or  disposes  of  to  another
 person or persons a total of [ten] THREE or more firearms in a period of
 not more than one year.
   Criminal sale of a firearm in the first degree is a class B felony.
   §  2.  Subdivision  6  of section 265.15 of the penal law, as added by
 chapter 233 of the laws of 1980, is amended to read as follows:
   6. The possession of [five] THREE or more firearms by  any  person  is
 presumptive  evidence  that  such person possessed the firearms with the
 intent to sell same.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                 SUBPART B
 
   Section  1.  Subparagraph  (viii) of paragraph (b) of subdivision 1 of
 section 150.20 of the criminal procedure law, as added by section 1-a of
 part JJJ of chapter 59 of the laws of 2019, is  amended  and  three  new
 subparagraphs (ix), (x), and (xi) are added to read as follows:
   (viii)  it  reasonably  appears  to the officer, based on the observed
 behavior of the individual in the present contact with the  officer  and
 facts regarding the person's condition that indicates a sign of distress
 to  such  a  degree  that  the  person would face harm without immediate
 medical or mental health care, that bringing the person before the court
 would be in such person's interest in addressing  that  need;  provided,
 however,  that  before  making  the  arrest,  the officer shall make all
 reasonable  efforts  to  assist  the  person  in  securing   appropriate
 services[.];
   (IX)  THE  PERSON  IS  EIGHTEEN YEARS OF AGE OR OLDER AND CHARGED WITH
 CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS AS DEFINED IN  SECTION
 265.01-A OF THE PENAL LAW;
   (X)  THE  PERSON  IS EIGHTEEN YEARS OF AGE OR OLDER AND CHARGED WITH A
 HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW; OR
   (XI) THE OFFENSE IS A QUALIFYING OFFENSE PURSUANT TO PARAGRAPH (T)  OF
 SUBDIVISION FOUR OF SECTION 510.10 OF THIS CHAPTER, OR PURSUANT TO PARA-
 GRAPH (T) OF SUBDIVISION FOUR OF SECTION 530.40 OF THIS CHAPTER.
   §  2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
 criminal procedure law, as added by section 2 of part UU of  chapter  56
 of  the  laws  of  2020, are amended and a new paragraph (u) is added to
 read as follows:
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
 S. 8006--C                         228                        A. 9006--C
 
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  OR  ANY  CHARGE OF CRIMINAL POSSESSION OF A
 FIREARM AS DEFINED IN SECTION 265.01-B OF  THE  PENAL  LAW,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his  or her own recognizance [or], released under conditions, OR HAD YET
 TO BE ARRAIGNED AFTER THE ISSUANCE OF A DESK  APPEARANCE  TICKET  for  a
 separate felony or class A misdemeanor involving harm to an identifiable
 person or property, OR ANY CHARGE OF CRIMINAL POSSESSION OF A FIREARM AS
 DEFINED  IN  SECTION  265.01-B OF THE PENAL LAW, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense as defined in this subdivision.  FOR THE PURPOSES OF THIS
 PARAGRAPH, "HARM TO AN IDENTIFIABLE PERSON OR  PROPERTY"  SHALL  INCLUDE
 BUT  NOT  BE  LIMITED TO THEFT OF OR DAMAGE TO PROPERTY.  HOWEVER, BASED
 UPON A REVIEW OF THE FACTS ALLEGED IN THE ACCUSATORY INSTRUMENT, IF  THE
 COURT DETERMINES THAT SUCH THEFT IS NEGLIGIBLE AND DOES NOT APPEAR TO BE
 IN  FURTHERANCE  OF  OTHER  CRIMINAL  ACTIVITY,  THE  PRINCIPAL SHALL BE
 RELEASED ON HIS OR HER OWN RECOGNIZANCE OR UNDER  APPROPRIATE  NON-MONE-
 TARY CONDITIONS; OR
   (U)  CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE AS DEFINED IN
 SUBDIVISION THREE OF SECTION 265.02 OF THE PENAL LAW OR CRIMINAL SALE OF
 A FIREARM TO A MINOR AS DEFINED IN SECTION 265.16 OF THE PENAL LAW.
   § 3. Subdivision 3 of section 530.40 of the of the criminal  procedure
 law,  as  amended by section 18 of part JJJ of chapter 59 of the laws of
 2019, is amended to read as follows:
   3. In cases other than  as  described  in  subdivision  four  of  this
 section the court shall release the principal pending trial on the prin-
 cipal's  own  recognizance,  unless  the court finds on the record or in
 writing that release  on  the  principal's  own  recognizance  will  not
 reasonably  assure  the  principal's return to court. In such instances,
 the court shall release the  principal  under  non-monetary  conditions,
 selecting  the  least  restrictive  alternative and conditions that will
 reasonably assure the principal's  return  to  court.  The  court  shall
 explain  its  choice  of  alternative and conditions on the record or in
 writing.  IN MAKING ITS DETERMINATION, THE COURT MUST CONSIDER AND  TAKE
 INTO ACCOUNT AVAILABLE INFORMATION ABOUT THE PRINCIPAL, INCLUDING:
   (A) THE PRINCIPAL'S ACTIVITIES AND HISTORY;
   (B) IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
   (C) THE PRINCIPAL'S CRIMINAL CONVICTION RECORD IF ANY;
   (D)  THE  PRINCIPAL'S  RECORD  OF  PREVIOUS ADJUDICATION AS A JUVENILE
 DELINQUENT, AS RETAINED PURSUANT TO SECTION 354.1 OF  THE  FAMILY  COURT
 ACT,  OR  OF  PENDING  CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO
 SECTION 306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
   (E) THE PRINCIPAL'S PREVIOUS RECORD WITH RESPECT TO  FLIGHT  TO  AVOID
 CRIMINAL PROSECUTION;
   (F)  IF MONETARY BAIL IS AUTHORIZED, ACCORDING TO THE RESTRICTIONS SET
 FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL FINANCIAL CIRCUMSTANCES,
 AND, IN CASES WHERE BAIL IS AUTHORIZED, THE PRINCIPAL'S ABILITY TO  POST
 BAIL  WITHOUT  POSING  UNDUE  HARDSHIP, AS WELL AS HIS OR HER ABILITY TO
 OBTAIN A SECURED, UNSECURED, OR PARTIALLY SECURED BOND;
   (G) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED BY
 ANY COURT;
   (H) THE PRINCIPAL'S HISTORY AND USE OR POSSESSION OF A FIREARM;
   (I) WHETHER THE CHARGE IS ALLEGED TO HAVE CAUSED SERIOUS  HARM  TO  AN
 INDIVIDUAL OR GROUP OF INDIVIDUALS; AND
 S. 8006--C                         229                        A. 9006--C
 
   (J) IF THE PRINCIPAL IS A DEFENDANT, IN THE CASE OF AN APPLICATION FOR
 A  SECURING  ORDER  PENDING  APPEAL,  THE  MERIT OR LACK OF MERIT OF THE
 APPEAL.
   §  4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the
 criminal procedure law, as added by section 4 of part UU of  chapter  56
 of  the  laws  of  2020, are amended and a new paragraph (u) is added to
 read as follows:
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  OR  ANY  CHARGE OF CRIMINAL POSSESSION OF A
 FIREARM AS DEFINED IN SECTION 265.01-B OF  THE  PENAL  LAW,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance [or], released under conditions, OR HAD  YET
 TO  BE  ARRAIGNED  AFTER  THE ISSUANCE OF A DESK APPEARANCE TICKET for a
 separate felony or class A misdemeanor involving harm to an identifiable
 person or property, OR ANY CHARGE OF CRIMINAL POSSESSION OF A FIREARM AS
 DEFINED IN SECTION 265.01-B OF THE PENAL LAW,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision.  FOR THE PURPOSES OF  THIS
 PARAGRAPH,  "HARM  TO  AN IDENTIFIABLE PERSON OR PROPERTY" SHALL INCLUDE
 BUT NOT BE LIMITED TO THEFT OF OR DAMAGE TO PROPERTY.    HOWEVER,  BASED
 UPON  A REVIEW OF THE FACTS ALLEGED IN THE ACCUSATORY INSTRUMENT, IF THE
 COURT DETERMINES THAT SUCH THEFT IS NEGLIGIBLE AND DOES NOT APPEAR TO BE
 IN FURTHERANCE OF  OTHER  CRIMINAL  ACTIVITY,  THE  PRINCIPAL  SHALL  BE
 RELEASED  ON  HIS OR HER OWN RECOGNIZANCE OR UNDER APPROPRIATE NON-MONE-
 TARY CONDITIONS; OR
   (U) CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE AS DEFINED  IN
 SUBDIVISION THREE OF SECTION 265.02 OF THE PENAL LAW OR CRIMINAL SALE OF
 A FIREARM TO A MINOR AS DEFINED IN SECTION 265.16 OF THE PENAL LAW.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                 SUBPART C
 
   Section 1. Subdivision 1 of section 510.10 of the  criminal  procedure
 law,  as  amended  by section 2 of part JJJ of chapter 59 of the laws of
 2019, is amended to read as follows:
   1. When a principal, whose  future  court  attendance  at  a  criminal
 action or proceeding is or may be required, comes under the control of a
 court,  such  court  shall, in accordance with this title, by a securing
 order release the principal on the principal's own recognizance, release
 the principal under non-monetary conditions, or, where  authorized,  fix
 bail  or commit the principal to the custody of the sheriff. In all such
 cases, except where another type  of  securing  order  is  shown  to  be
 required  by law, the court shall release the principal pending trial on
 the principal's own recognizance, unless  it  is  demonstrated  and  the
 court  makes  an individualized determination that the principal poses a
 risk of flight to avoid prosecution. If such  a  finding  is  made,  the
 court  must  select  the  least restrictive alternative and condition or
 conditions that will reasonably assure the principal's return to  court.
 The  court shall explain its choice of release, release with conditions,
 bail or remand on the record or in writing. IN MAKING ITS DETERMINATION,
 S. 8006--C                         230                        A. 9006--C
 
 THE COURT MUST CONSIDER AND  TAKE  INTO  ACCOUNT  AVAILABLE  INFORMATION
 ABOUT THE PRINCIPAL, INCLUDING:
   (A) THE PRINCIPAL'S ACTIVITIES AND HISTORY;
   (B) IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
   (C) THE PRINCIPAL'S CRIMINAL CONVICTION RECORD IF ANY;
   (D)  THE  PRINCIPAL'S  RECORD  OF  PREVIOUS ADJUDICATION AS A JUVENILE
 DELINQUENT, AS RETAINED PURSUANT TO SECTION 354.1 OF  THE  FAMILY  COURT
 ACT,  OR,  OF  PENDING CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO
 SECTION 306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
   (E) THE PRINCIPAL'S PREVIOUS RECORD WITH RESPECT TO  FLIGHT  TO  AVOID
 CRIMINAL PROSECUTION;
   (F)  IF MONETARY BAIL IS AUTHORIZED, ACCORDING TO THE RESTRICTIONS SET
 FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL FINANCIAL CIRCUMSTANCES,
 AND, IN CASES WHERE BAIL IS AUTHORIZED, THE PRINCIPAL'S ABILITY TO  POST
 BAIL  WITHOUT  POSING  UNDUE  HARDSHIP, AS WELL AS HIS OR HER ABILITY TO
 OBTAIN A SECURED, UNSECURED, OR PARTIALLY SECURED BOND;
   (G) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED BY
 ANY COURT;
   (H) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM;
   (I) WHETHER THE CHARGE IS ALLEGED TO HAVE CAUSED SERIOUS  HARM  TO  AN
 INDIVIDUAL OR GROUP OF INDIVIDUALS; AND
   (J) IF THE PRINCIPAL IS A DEFENDANT, IN THE CASE OF AN APPLICATION FOR
 A  SECURING  ORDER  PENDING  APPEAL,  THE  MERIT OR LACK OF MERIT OF THE
 APPEAL.
   § 2. Subdivision 1 of section 510.30 of the criminal procedure law, as
 amended by section 5 of part JJJ of chapter 59 of the laws of 2019,   is
 amended to read as follows:
   1.  With  respect  to  any  principal,  the court in all cases, unless
 otherwise provided by law, must impose the least  restrictive  kind  and
 degree of control or restriction that is necessary to secure the princi-
 pal's  return  to  court  when required. In determining that matter, the
 court must, on the basis of available  information,  consider  and  take
 into  account  information  about  the principal that is relevant to the
 principal's return to court, including:
   (a) The principal's activities and history;
   (b) If the principal is a defendant, the charges facing the principal;
   (c) The principal's criminal conviction record if any;
   (d) The principal's record of  previous  adjudication  as  a  juvenile
 delinquent,  as  retained  pursuant to section 354.2 of the family court
 act, or, of pending cases where fingerprints are  retained  pursuant  to
 section 306.1 of such act, or a youthful offender, if any;
   (e)  The  principal's  previous record with respect to flight to avoid
 criminal prosecution;
   (f) If monetary bail is authorized, according to the restrictions  set
 forth in this title, the principal's individual financial circumstances,
 and,  in cases where bail is authorized, the principal's ability to post
 bail without posing undue hardship, as well as his  or  her  ability  to
 obtain a secured, unsecured, or partially secured bond;
   (g)  [Where  the principal is charged with a crime or crimes against a
 member or members of the same  family  or  household  as  that  term  is
 defined  in subdivision one of section 530.11 of this title, the follow-
 ing factors:
   (i)] any violation by the principal of an order of  protection  issued
 by  any  court  [for  the  protection of a member or members of the same
 family or household as that  term  is  defined  in  subdivision  one  of
 S. 8006--C                         231                        A. 9006--C
 section 530.11 of this title, whether or not such order of protection is
 currently in effect; and];
   [(ii)] (H) the principal's history of use or possession of a firearm;
   (I)  WHETHER  THE  CHARGE IS ALLEGED TO HAVE CAUSED SERIOUS HARM TO AN
 INDIVIDUAL OR GROUP OF INDIVIDUALS; and
   [(h)] (J) If the principal is a defendant, in the case of an  applica-
 tion  for a securing order pending appeal, the merit or lack of merit of
 the appeal.
   § 3. Paragraph (a) of subdivision 1 of section 530.20 of the  criminal
 procedure  law,  as added by section 16 of part JJJ of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (a) In cases other than as described in paragraph (b) of this subdivi-
 sion the court shall release the principal pending trial on the  princi-
 pal's own recognizance, unless the court finds on the record or in writ-
 ing that release on the principal's own recognizance will not reasonably
 assure  the  principal's  return  to court. In such instances, the court
 shall release the principal under non-monetary conditions, selecting the
 least restrictive alternative and conditions that will reasonably assure
 the principal's return to court. The court shall explain its  choice  of
 alternative  and  conditions  on the record or in writing. IN MAKING ITS
 DETERMINATION, THE COURT MUST CONSIDER AND TAKE INTO  ACCOUNT  AVAILABLE
 INFORMATION ABOUT THE PRINCIPAL, INCLUDING:
   (I) THE PRINCIPAL'S ACTIVITIES AND HISTORY;
   (II)  IF  THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCI-
 PAL;
   (III) THE PRINCIPAL'S CRIMINAL CONVICTION RECORD IF ANY;
   (IV) THE PRINCIPAL'S RECORD OF PREVIOUS  ADJUDICATION  AS  A  JUVENILE
 DELINQUENT,  AS  RETAINED  PURSUANT TO SECTION 354.1 OF THE FAMILY COURT
 ACT, OR OF PENDING CASES WHERE FINGERPRINTS  ARE  RETAINED  PURSUANT  TO
 SECTION 306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
   (V)  THE  PRINCIPAL'S  PREVIOUS RECORD WITH RESPECT TO FLIGHT TO AVOID
 CRIMINAL PROSECUTION;
   (VI) IF MONETARY BAIL IS AUTHORIZED, ACCORDING TO THE RESTRICTIONS SET
 FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL FINANCIAL CIRCUMSTANCES,
 AND, IN CASES WHERE BAIL IS AUTHORIZED, THE PRINCIPAL'S ABILITY TO  POST
 BAIL  WITHOUT  POSING  UNDUE  HARDSHIP, AS WELL AS HIS OR HER ABILITY TO
 OBTAIN A SECURED, UNSECURED, OR PARTIALLY SECURED BOND;
   (VII) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION  ISSUED
 BY ANY COURT;
   (VIII) THE PRINCIPAL'S HISTORY AND USE OR POSSESSION OF A FIREARM;
   (IX)  WHETHER  THE CHARGE IS ALLEGED TO HAVE CAUSED SERIOUS HARM TO AN
 INDIVIDUAL OR GROUP OF INDIVIDUALS; AND
   (X) IF THE PRINCIPAL IS A DEFENDANT, IN THE CASE OF AN APPLICATION FOR
 A SECURING ORDER PENDING APPEAL, THE MERIT  OR  LACK  OF  MERIT  OF  THE
 APPEAL.
   § 4. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
 section 530.20 of the criminal procedure law, as amended by section 3 of
 part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
 agraph (xxi) is added to read as follows:
   (xix)  a  felony, where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, OR ANY  CHARGE  OF  CRIMINAL  POSSESSION  OF  A
 FIREARM  AS  DEFINED  IN  SECTION  265.01-B  OF THE PENAL LAW where such
 charge arose from conduct occurring while the defendant was released  on
 S. 8006--C                         232                        A. 9006--C
 
 his  or her own recognizance [or], released under conditions, OR HAD YET
 TO BE ARRAIGNED AFTER THE ISSUANCE OF A DESK  APPEARANCE  TICKET  for  a
 separate felony or class A misdemeanor involving harm to an identifiable
 person  or  property,  provided,  however, that the prosecutor must show
 reasonable cause to believe that the  defendant  committed  the  instant
 crime  and  any underlying crime. For the purposes of this subparagraph,
 any of the underlying crimes need not be a qualifying offense as defined
 in this subdivision. FOR THE PURPOSES OF THIS  PARAGRAPH,  "HARM  TO  AN
 IDENTIFIABLE  PERSON  OR  PROPERTY"  SHALL INCLUDE BUT NOT BE LIMITED TO
 THEFT OF OR DAMAGE TO PROPERTY. HOWEVER, BASED   UPON A  REVIEW  OF  THE
 FACTS ALLEGED IN THE ACCUSATORY INSTRUMENT, IF THE COURT DETERMINES THAT
 SUCH  THEFT  IS  NEGLIGIBLE  AND DOES NOT APPEAR TO BE IN FURTHERANCE OF
 OTHER CRIMINAL ACTIVITY, THE PRINCIPAL SHALL BE RELEASED ON HIS  OR  HER
 OWN RECOGNIZANCE OR UNDER APPROPRIATE NON-MONETARY CONDITIONS; OR
   (XXI)  CRIMINAL  POSSESSION OF A WEAPON IN THE THIRD DEGREE AS DEFINED
 IN SUBDIVISION THREE OF SECTION 265.02 OF THE PENAL LAW OR CRIMINAL SALE
 OF A FIREARM TO A MINOR AS DEFINED IN SECTION 265.16 OF THE PENAL LAW.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                 SUBPART D
 
   Section  1.  Subdivision 4 of section 245.50 of the criminal procedure
 law, as amended by section 7 of part HHH of chapter 56 of  the  laws  of
 2020, is amended and a new subdivision 1-a is added to read as follows:
   1-A. ANY SUPPLEMENTAL CERTIFICATE OF COMPLIANCE SHALL DETAIL THE BASIS
 FOR  THE  DELAYED DISCLOSURE SO THAT THE COURT MAY DETERMINE WHETHER THE
 DELAYED DISCLOSURE IMPACTS THE PROPRIETY OF THE CERTIFICATE  OF  COMPLI-
 ANCE.  THE  FILING OF A SUPPLEMENTAL CERTIFICATE OF COMPLIANCE SHALL NOT
 IMPACT THE VALIDITY OF THE ORIGINAL CERTIFICATE OF COMPLIANCE  IF  FILED
 IN  GOOD  FAITH  AND  AFTER EXERCISING DUE DILIGENCE PURSUANT TO SECTION
 245.20 OF THIS ARTICLE, OR IF THE ADDITIONAL DISCOVERY DID NOT EXIST  AT
 THE TIME OF THE FILING OF THE ORIGINAL CERTIFICATE OF COMPLIANCE.
   4. (A) Challenges to, or questions related to a certificate of compli-
 ance shall be addressed by motion.
   (B)  TO  THE  EXTENT  THAT THE PARTY IS AWARE OF A POTENTIAL DEFECT OR
 DEFICIENCY RELATED  TO  A  CERTIFICATE  OF  COMPLIANCE  OR  SUPPLEMENTAL
 CERTIFICATE OF COMPLIANCE, THE PARTY ENTITLED TO DISCLOSURE SHALL NOTIFY
 OR ALERT THE OPPOSING PARTY AS SOON AS PRACTICABLE.
   (C)  CHALLENGES RELATED TO THE SUFFICIENCY OF A CERTIFICATE OF COMPLI-
 ANCE OR SUPPLEMENTAL CERTIFICATES OF COMPLIANCE SHALL  BE  ADDRESSED  BY
 MOTION  AS  SOON  AS  PRACTICABLE, PROVIDED THAT NOTHING IN THIS SECTION
 SHALL BE CONSTRUED TO WAIVE A PARTY'S RIGHT TO MAKE FURTHER  CHALLENGES,
 INCLUDING  BUT NOT LIMITED TO A MOTION PURSUANT TO SECTION 30.30 OF THIS
 CHAPTER.
   § 2. Paragraph (a) of subdivision  1  and  subdivision  2  of  section
 245.80  of the criminal procedure law, as added by section 2 of part LLL
 of chapter 59 of the laws of 2019, are amended to read as follows:
   (a) When material or information is discoverable  under  this  article
 but  is  disclosed  belatedly, the court shall impose [an appropriate] A
 remedy or sanction [if] THAT IS APPROPRIATE  AND  PROPORTIONATE  TO  THE
 PREJUDICE  SUFFERED  BY  the party entitled to disclosure [shows that it
 was prejudiced]. Regardless of a showing of prejudice the party entitled
 to disclosure shall be given reasonable time to prepare and  respond  to
 the new material.
 S. 8006--C                         233                        A. 9006--C
 
   2.  Available  remedies  or  sanctions. For failure to comply with any
 discovery order imposed or issued pursuant to this  article,  the  court
 may  make a further order for discovery, grant a continuance, order that
 a hearing be reopened, order that  a  witness  be  called  or  recalled,
 instruct  the  jury  that it may draw an adverse inference regarding the
 non-compliance, preclude or strike a witness's testimony or a portion of
 a witness's testimony, admit or  exclude  evidence,  order  a  mistrial,
 order  the  dismissal of all or some of the charges PROVIDED THAT, AFTER
 CONSIDERING ALL OTHER REMEDIES, DISMISSAL  IS  APPROPRIATE  AND  PROPOR-
 TIONATE  TO  THE PREJUDICE SUFFERED BY THE PARTY ENTITLED TO DISCLOSURE,
 or make such other order as  it  deems  just  under  the  circumstances;
 except  that  any  sanction against the defendant shall comport with the
 defendant's constitutional right to present a defense, and precluding  a
 defense witness from testifying shall be permissible only upon a finding
 that  the defendant's failure to comply with the discovery obligation or
 order was willful and motivated by a desire to obtain a tactical  advan-
 tage.
   § 3. Section 450.20 of the criminal procedure law is amended by adding
 a new subdivision 12 to read as follows:
   12.  THAT  PORTION  OF AN ORDER DISMISSING AN ACCUSATORY INSTRUMENT OR
 SOME OF ITS COUNTS PURSUANT TO SUBDIVISION TWO OF SECTION 245.80 OF THIS
 PART AS A SANCTION FOR FAILURE TO COMPLY WITH ANY DISCOVERY ORDER ISSUED
 PURSUANT TO ARTICLE TWO HUNDRED FORTY-FIVE OF THIS PART.
   § 4. Section 530.50 of the criminal procedure law is amended by adding
 a new subdivision 3 to read as follows:
   3. WHERE AN APPEAL BY THE PEOPLE HAS BEEN TAKEN FROM AN ORDER DISMISS-
 ING ONE OR MORE COUNTS OF AN ACCUSATORY INSTRUMENT FOR FAILURE TO COMPLY
 WITH A DISCOVERY ORDER PURSUANT TO SUBDIVISION TWELVE OF SECTION  450.20
 OF  THIS  CHAPTER AND THE DEFENDANT IS CHARGED WITH A QUALIFYING OFFENSE
 IN THE REMAINING COUNTS IN THE ACCUSATORY INSTRUMENT,  PENDING  DETERMI-
 NATION  OF  AN  APPEAL, THE DEFENDANT MAY APPLY FOR AN ORDER OF RECOGNI-
 ZANCE OR RELEASE ON NON-MONETARY CONDITIONS, WHERE AUTHORIZED, OR FIXING
 BAIL. A JUDGE IDENTIFIED IN SUBDIVISION TWO OF SECTION  460.50  OF  THIS
 CHAPTER  OR  PARAGRAPH  (A) OF SUBDIVISION ONE OF SECTION 460.60 OF THIS
 CHAPTER MAY, IN ACCORDANCE WITH LAW, AND EXCEPT AS OTHERWISE PROVIDED BY
 LAW, ISSUE A SECURING ORDER RELEASING THE DEFENDANT ON  THE  DEFENDANT'S
 OWN  RECOGNIZANCE  OR  UNDER  NON-MONETARY  CONDITIONS WHERE AUTHORIZED,
 FIXING BAIL, OR REMANDING THE DEFENDANT TO THE CUSTODY  OF  THE  SHERIFF
 WHERE AUTHORIZED.
   §  5.  Subparagraph (iii) of paragraph (a) of subdivision 1 of section
 245.10 of the criminal procedure law, as amended by section  1  of  part
 HHH of chapter 56 of the laws of 2020, is amended to read as follows:
   (iii)  [Notwithstanding  the  timelines contained in the opening para-
 graph of this paragraph, the  prosecutor's  discovery  obligation  under
 subdivision  one of section 245.20 of this article shall be performed as
 soon as practicable, but not later than fifteen days before the trial of
 a simplified information charging a traffic infraction under the vehicle
 and traffic law, or  by  an  information  charging  one  or  more  petty
 offenses  as  defined by the municipal code of a village, town, city, or
 county, that do not carry a statutorily authorized sentence of imprison-
 ment, and where the defendant stands charged before the  court  with  no
 crime  or  offense,  provided  however that nothing in this subparagraph
 shall prevent a defendant from filing a motion for  disclosure  of  such
 items  and  information  under subdivision one of such section 245.20 of
 this  article  at  an  earlier  date.]  NOTWITHSTANDING   THE   PREVIOUS
 PROVISIONS OF THIS SECTION, THE PROSECUTOR'S OBLIGATIONS SHALL NOT APPLY
 S. 8006--C                         234                        A. 9006--C
 
 TO  A  SIMPLIFIED  INFORMATION  CHARGING  A TRAFFIC INFRACTION UNDER THE
 VEHICLE AND TRAFFIC LAW, OR TO AN INFORMATION CHARGING ONE OR MORE PETTY
 OFFENSES AS DEFINED BY THE MUNICIPAL CODE OF A VILLAGE, TOWN,  CITY,  OR
 COUNTY, THAT DO NOT CARRY A STATUTORILY AUTHORIZED SENTENCE OF IMPRISON-
 MENT,  AND  WHERE  THE DEFENDANT STANDS CHARGED BEFORE THE COURT WITH NO
 CRIME OR OFFENSE, PROVIDED HOWEVER THAT  NOTHING  IN  THIS  SUBPARAGRAPH
 SHALL  PREVENT  A  DEFENDANT FROM FILING A MOTION FOR DISCLOSURE OF SUCH
 ITEMS AND INFORMATION UNDER SUBDIVISION ONE OF SECTION  245.20  OF  THIS
 ARTICLE.  THE COURT SHALL, AT THE FIRST APPEARANCE, ADVISE THE DEFENDANT
 OF THEIR RIGHT TO FILE A MOTION FOR DISCOVERY.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                 SUBPART E
 
   Section  1. Section 302.1 of the family court act is amended by adding
 a new subdivision 4 to read as follows:
   4. WHERE A PROCEEDING HAD BEEN COMMENCED IN THE YOUTH PART OF A  SUPE-
 RIOR COURT FOR AN ACT ALLEGED TO HAVE BEEN COMMITTED PRIOR TO HIS OR HER
 EIGHTEENTH BIRTHDAY AND THEN HAD BEEN REMOVED TO FAMILY COURT, THE FAMI-
 LY COURT SHALL EXERCISE JURISDICTION UNDER THIS ARTICLE, NOTWITHSTANDING
 THE  FACT  THAT  THE RESPONDENT MAY BE OVER THE AGE OF EIGHTEEN PRIOR TO
 THE PROCEEDING HAVING COMMENCED IN THE FAMILY COURT.
   § 2. Section 302.2 of the family court act, as added by chapter 920 of
 the laws of 1982, is amended to read as follows:
   § 302.2. Statute of limitations.  A  juvenile  delinquency  proceeding
 must  be commenced within the period of limitation prescribed in section
 30.10 of the criminal procedure law or, unless  the  alleged  act  is  a
 designated  felony  as  defined in subdivision eight of section 301.2 OF
 THIS PART OR IS AN ACT ALLEGEDLY COMMITTED WHEN THE RESPONDENT WAS  AGED
 SIXTEEN  YEARS  OR  OLDER,  commenced before the respondent's eighteenth
 birthday, whichever occurs earlier, PROVIDED  HOWEVER,  THAT  CONSISTENT
 WITH  SUBDIVISION  FOUR  OF  SECTION  302.1 OF THIS PART,   A PROCEEDING
 COMMENCED FOR AN ACT ALLEGEDLY COMMITTED WHEN THE  RESPONDENT  WAS  AGED
 SIXTEEN  YEARS  OR  OLDER  SHALL BE CONSIDERED TIMELY IF IT IS COMMENCED
 WITHIN SUCH PERIOD OF LIMITATION PRESCRIBED  IN  SECTION  30.10  OF  THE
 CRIMINAL  PROCEDURE LAW OR PRIOR TO THE RESPONDENT'S TWENTIETH BIRTHDAY,
 WHICHEVER  OCCURS  EARLIER,  REGARDLESS  OF  WHETHER  THE   ACTION   HAD
 ORIGINALLY  BEEN COMMENCED PRIOR TO THE RESPONDENT'S EIGHTEENTH BIRTHDAY
 IN A YOUTH PART OF A SUPERIOR COURT. When the alleged act constitutes  a
 designated  felony  as  defined in subdivision eight of section 301.2 OF
 THIS PART OR IS AN ACT ALLEGEDLY COMMITTED WHEN THE RESPONDENT WAS  AGED
 SIXTEEN  YEARS  OR  OLDER, such proceeding must be commenced within such
 period of limitation or  before  the  respondent's  twentieth  birthday,
 whichever occurs earlier.
   §  3. The family court act is amended by adding a new section 309.1 to
 read as follows:
   § 309.1. COMMUNITY BASED  TREATMENT  REFERRALS.  1.  A  YOUTH  WHO  IS
 RELEASED  PRIOR  TO  THE FILING OF A PETITION SHALL BE MADE AWARE OF AND
 REFERRED TO COMMUNITY BASED ORGANIZATIONS  OFFERING  COUNSELING,  TREAT-
 MENT,  EMPLOYMENT, EDUCATIONAL, OR VOCATIONAL SERVICES IN WHICH THEY MAY
 VOLUNTARILY ENROLL OR PARTICIPATE. SUCH SERVICES SHALL BE SEPARATE  FROM
 AND  IN ADDITION TO ANY ADJUSTMENT SERVICES PROVIDED UNDER SECTION 308.1
 OF THIS PART, WHERE APPLICABLE.
   2. THE YOUTH SHALL BE ADVISED THAT THE  SERVICE  REFERRALS  ARE  BEING
 MADE  AS  A  RESOURCE  AND  PARTICIPATION  IN THEM IS VOLUNTARY AND THAT
 S. 8006--C                         235                        A. 9006--C
 
 REFUSAL TO PARTICIPATE WILL NOT NEGATIVELY IMPACT ANY  ASPECT  OF  THEIR
 PENDING  CASE.  PROVIDED, HOWEVER, NOTHING SHALL PRECLUDE THE YOUTH FROM
 VOLUNTARILY PROVIDING INFORMATION, AFTER CONSULTING WITH THEIR ATTORNEY,
 DEMONSTRATING  SUCCESSFUL  ENROLLMENT,  PARTICIPATION,  AND  COMPLETION,
 WHERE APPLICABLE, OF ANY SUCH SERVICES. THE  COURT  SHALL  CONSIDER  ANY
 INFORMATION  PROVIDED  BY  THE YOUTH REGARDING SUCH PARTICIPATION IN THE
 CASE PROCEEDINGS INCLUDING BUT NOT LIMITED TO DISPOSITIONAL OR PLACEMENT
 DETERMINATIONS. THE COURT MAY REQUIRE SUPPORTING DOCUMENTATION  FOR  ANY
 SUCH  CONSIDERATION THAT THE YOUTH REQUESTS, PROVIDED HOWEVER, THAT SUCH
 INFORMATION SHALL BE MAINTAINED AS CONFIDENTIAL IN ACCORDANCE  WITH  ANY
 APPLICABLE STATE OR FEDERAL LAW.
   3.  NO STATEMENTS MADE TO PROBATION WHEN DISCUSSING ANY SERVICE REFER-
 RALS UNDER THIS SECTION SHALL BE ADMISSIBLE IN A FACT-FINDING HEARING.
   § 4. This act shall take effect  immediately;  provided  that  section
 three  of  this  act  shall apply to offenses committed on or after such
 date and to offenses for which the statute of limitations  that  was  in
 effect prior to such date has not elapsed as of such date.
 
                                 SUBPART F
 
   Section  1. Section 500.10 of the criminal procedure law is amended by
 adding a new subdivision 3-c to read as follows:
   3-C. (A) "RELEASE FOR MENTAL HEALTH ASSESSMENT AND EVALUATION." WHEN A
 PRINCIPAL APPEARING BEFORE THE COURT APPEARS, BY  CLEAR  AND  CONVINCING
 EVIDENCE,  TO  BE  MENTALLY  ILL AT THE PRESENT MOMENT SUCH THAT IF LEFT
 UNATTENDED THEIR CONDUCT MAY RESULT IN HARM TO  HIMSELF  OR  HERSELF  OR
 OTHERS, THE COURT MAY: ORDER AS A CONDITION OF RELEASE UNDER SUPERVISION
 THAT THE PRINCIPAL SEEK A VOLUNTARY PSYCHIATRIC ASSESSMENT UNDER SECTION
 9.13  OF  THE  MENTAL  HYGIENE LAW IF THE PRINCIPAL HAS A RECENTLY DOCU-
 MENTED HISTORY OF MENTAL ILLNESS OR PSYCHIATRIC HOSPITALIZATION, AND THE
 DEFENSE CONSENTS TO THE ASSESSMENT.
   (B) "INVOLUNTARY ASSESSMENT PENDING RELEASE." WHEN A PRINCIPAL APPEAR-
 ING BEFORE THE COURT APPEARS, BY CLEAR AND CONVINCING  EVIDENCE,  TO  BE
 MENTALLY  ILL  AT  THE PRESENT MOMENT SUCH THAT IF LEFT UNATTENDED THEIR
 CONDUCT MAY RESULT IN IMMEDIATE SERIOUS HARM TO HIMSELF  OR  HERSELF  OR
 OTHERS,  THE COURT MAY ORDER AS A CONDITION OF RELEASE UNDER SUPERVISION
 THAT THE PRINCIPAL BE TAKEN BY AN ENTITY, INCLUDING BUT NOT LIMITED  TO,
 PRETRIAL  SERVICES  AGENCIES,  OR ANOTHER QUALIFIED PROVIDER, TO A LOCAL
 HOSPITAL  FOR  IMMEDIATE  PSYCHIATRIC  ASSESSMENT  INVOLUNTARILY   UNDER
 SECTION  9.43  OF  THE MENTAL HYGIENE LAW IF THE PRINCIPAL IS CONDUCTING
 HIMSELF OR HERSELF BEFORE THE COURT, IN SUCH A MANNER WHICH IN A  PERSON
 WHO  IS  NOT  MENTALLY  ILL  WOULD BE DEEMED DISORDERLY CONDUCT WHICH IS
 LIKELY TO RESULT IN IMMEDIATE SERIOUS HARM  TO  HIMSELF  OR  HERSELF  OR
 OTHERS.  THE  COURT  IS  ALSO AUTHORIZED TO REQUEST PEACE OFFICERS, WHEN
 ACTING PURSUANT TO THEIR SPECIAL DUTIES, OR  POLICE  OFFICERS,  WHO  ARE
 MEMBERS  OF  AN  AUTHORIZED POLICE DEPARTMENT OR FORCE OR OF A SHERIFF'S
 DEPARTMENT, TO TAKE INTO CUSTODY AND TRANSPORT SUCH PERSON TO A HOSPITAL
 FOR DETERMINATION BY THE DIRECTOR OF COMMUNITY SERVICES WHEN SUCH PERSON
 QUALIFIES FOR ADMISSION PURSUANT TO THIS SECTION.  THE COURT MAY AUTHOR-
 IZE AN AMBULANCE SERVICE, AS DEFINED BY SUBDIVISION TWO OF SECTION THREE
 THOUSAND ONE OF THE PUBLIC HEALTH LAW, TO TRANSPORT SUCH PERSON  TO  ANY
 HOSPITAL  SPECIFIED  IN  SUBDIVISION  (A)  OF SECTION 9.39 OF THE MENTAL
 HYGIENE LAW OR ANY COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM SPECIFIED
 IN SUBDIVISION (A) OF SECTION 9.40 OF THE MENTAL HYGIENE  LAW,  THAT  IS
 WILLING  TO RECEIVE SUCH PERSON. UPON REMOVAL, THERE SHALL BE A DETERMI-
 NATION MADE BY THE DIRECTOR OF SUCH HOSPITAL  OR  PROGRAM  WHETHER  SUCH
 S. 8006--C                         236                        A. 9006--C
 
 PERSON SHOULD BE RETAINED THEREIN PURSUANT TO SECTION 9.39 OF THE MENTAL
 HYGIENE  LAW.   IF THE PRINCIPAL IS HOSPITALIZED, AT THE TIME OF RELEASE
 THE HOSPITAL SHALL COMPLETE A DISCHARGE PLAN WITH LINKAGES  TO  COMMUNI-
 TY-BASED  MENTAL  HEALTH TREATMENT, INCLUDING SERVICES THAT ARE PROVIDED
 AFTER THE INDIVIDUAL HAS STABILIZED, IF APPLICABLE AND OTHER  COMMUNITY-
 BASED  SERVICES  AS  MAY  BE DEEMED NECESSARY AND APPROPRIATE AND NOTIFY
 PRETRIAL SERVICES AGENCIES AND  THE  DEFENSE  COUNSEL  OF  THE  PERSON'S
 DISCHARGE.  PRETRIAL  SERVICES  AGENCIES  ARE  RESPONSIBLE  FOR ENSURING
 CONTINUITY OF CARE FOR THE PRINCIPAL IN THE COMMUNITY.
   (C) "PRETRIAL SERVICES." PRETRIAL SERVICES AGENCIES SHALL BE REQUIRED,
 UPON THE REQUEST OF THE COURT TO PROVIDE A SUMMARY  OF  THE  ASSESSMENT,
 LIMITED  TO  NECESSARY  AND RELEVANT INFORMATION RELATING TO THE PRINCI-
 PAL'S COMPLETION OF AN ASSESSMENT AND EVALUATION, PLACEMENT,  TREATMENT,
 AND  DISCHARGE  FROM  THE  HOSPITAL  SOLELY  FOR THE PURPOSE OF ENSURING
 COMPLIANCE WITH THE CONDITIONS OF RELEASE AND  IN  ACCORDANCE  WITH  ANY
 APPLICABLE STATE AND FEDERAL CONFIDENTIALITY LAWS. CONDITIONS OF RELEASE
 MAY NOT BE REVOKED SOLELY BASED ON NONCOMPLIANCE WITH TREATMENT.
   (D)  "CONFIDENTIAL."  ANY  CLINICAL  RECORD  PRODUCED AS A PART OF THE
 ASSESSMENT, SERVICES OR TREATMENT PLANS REQUIRED PURSUANT TO THIS SUBDI-
 VISION SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT BE CONSIDERED PART
 OF THE PUBLIC RECORD, AND ACCESS TO SUCH RECORDS  SHALL  BE  LIMITED  IN
 ACCORDANCE WITH APPLICABLE FEDERAL AND STATE PRIVACY LAWS. SUCH INFORMA-
 TION  SHALL  NOT BE USED AS PART OF THE CRIMINAL PROCEEDING AND SHALL BE
 EXPUNGED UPON THE RESOLUTION OF THE CASE.
   (E) "REFERRAL." COURTS SHALL REFER THE PRINCIPAL,  WHERE  APPROPRIATE,
 TO  A  JUDICIAL  DIVERSION  PROGRAM AS DEFINED IN SECTION 216.00 OF THIS
 CHAPTER OR TO ANY OTHER APPROPRIATE TREATMENT COURT.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                 SUBPART G
 
   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 AGE, gender, racial and
 ethnic background;  regarding  the  nature  of  the  criminal  offenses,
 including the top charge of each case; the number and type of charges in
 each  defendant's criminal record; WHETHER THE PROSECUTOR REQUESTED THAT
 THE COURT FIX BAIL, THE AMOUNTS AND  FORMS  OF  BAIL  REQUESTED  BY  THE
 PROSECUTOR,  AND  THE  AMOUNTS  AND  FORMS OF BAIL SET BY THE COURT; the
 number of individuals released on recognizance; the number  of  individ-
 uals  released  on  non-monetary  conditions,  including  the conditions
 imposed; the number of individuals committed to the custody of a sheriff
 prior to trial; the rates of failure 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  divi-
 sion  of  criminal  justice services may find necessary and appropriate.
 Such report shall aggregate the data collected by county; court, includ-
 ing city, town and village courts; and judge. The data shall be  [disag-
 gregated]  AGGREGATED  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 crim-
 S. 8006--C                         237                        A. 9006--C
 
 inal 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 ther-
 eafter.
   § 2. 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 AGE, gender, racial  and
 ethnic  background;  regarding  the  nature  of  the  criminal offenses,
 including the top charge of each case; the number and type of charges in
 each defendant's criminal record; WHETHER THE PROSECUTOR REQUESTED  THAT
 THE  COURT  FIX  BAIL,  THE  AMOUNTS  AND FORMS OF BAIL REQUESTED BY THE
 PROSECUTOR, AND THE AMOUNTS AND FORMS OF BAIL  SET  BY  THE  COURT;  the
 number  of  individuals released on recognizance; the number of individ-
 uals released  on  non-monetary  conditions,  including  the  conditions
 imposed; the number of individuals committed to the custody of a sheriff
 prior to trial; the rates of failure to appear and rearrest; the outcome
 of  such cases or dispositions; whether the defendant was represented by
 counsel at every court appearance  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]
 AGGREGATED 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  enactment  of  this  section.  Reports  for
 subsequent  years  shall  be  published  annually on or before that date
 thereafter.
   § 3.  Paragraph (c) of subdivision 4 of section 837 of  the  executive
 law,  as  amended by chapter 512 of the laws of 1995, is amended to read
 as follows:
   (c) collect and analyze statistical and  other  information  and  data
 with  respect  to the number of crimes reported or known to police offi-
 cers or peace officers, the number of persons arrested for  the  commis-
 sion  of  offense, THE AGE OF THE PERSON OR PERSONS ARRESTED, THE NUMBER
 OF CUSTODIAL ARRESTS AND APPEARANCE  TICKETS  ISSUED,  the  offense  for
 which  the  person  was arrested, the county within which the arrest was
 made and the accusatory instrument filed, the disposition of the accusa-
 tory instrument including, but not limited  to,  as  the  case  may  be,
 dismissal,  acquittal,  the  offense to which the defendant pled guilty,
 the offense  the  defendant  was  convicted  of  after  trial,  and  the
 sentence;  and where a firearm as defined in section 265.00 of the penal
 law or machine gun, rifle or shotgun comes into the  custody  of  police
 officers  or  peace  officers  in the course of an investigation of such
 crime or offense, the make, model type, caliber and magazine or cylinder
 capacity of any such firearm and whether possession of such  firearm  by
 the  defendant  is  licensed or unlicensed and if confiscated at arrest,
 the style and manufacturer of any ammunition; and
 S. 8006--C                         238                        A. 9006--C
 
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
                                 SUBPART H
 
   Section 1. Section 18 of chapter 408 of the laws of 1999, constituting
 Kendra's  law,  as amended by chapter 67 of the laws of 2017, is amended
 to read as follows:
   § 18. This act shall take effect immediately,  provided  that  section
 fifteen  of this act shall take effect April 1, 2000, provided, further,
 that subdivision (e) of section 9.60 of the mental hygiene law as  added
 by  section  six  of  this act shall be effective 90 days after this act
 shall become law; and that this act shall expire and be deemed  repealed
 June 30, [2022] 2027.
   § 2. Paragraph 4 of subdivision (c) and paragraph 2 of subdivision (h)
 of  section 9.60 of the mental hygiene law, as amended by chapter 158 of
 the laws of 2005, are amended and a new subdivision (s) is added to read
 as follows:
   (4) has a history of lack of  compliance  with  treatment  for  mental
 illness that has:
   (i)  EXCEPT  AS OTHERWISE PROVIDED IN SUBPARAGRAPH (III) OF THIS PARA-
 GRAPH, prior to the filing of the petition, at least  twice  within  the
 last thirty-six months been a significant factor in necessitating hospi-
 talization  in a hospital, or receipt of services in a forensic or other
 mental health unit of a correctional facility or  a  local  correctional
 facility,  not including any current period, or period ending within the
 last six months, during which the  person  was  or  is  hospitalized  or
 incarcerated; or
   (ii)  EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (III) OF THIS PARA-
 GRAPH, prior to the filing of the petition, resulted in one or more acts
 of serious violent behavior toward self or  others  or  threats  of,  or
 attempts  at,  serious  physical  harm to self or others within the last
 forty-eight months, not including any current period, or  period  ending
 within  the  last six months, in which the person was or is hospitalized
 or incarcerated; [and] OR
   (III) NOTWITHSTANDING SUBPARAGRAPHS (I) AND (II)  OF  THIS  PARAGRAPH,
 RESULTED IN THE ISSUANCE OF A COURT ORDER FOR ASSISTED OUTPATIENT TREAT-
 MENT WHICH HAS EXPIRED WITHIN THE LAST SIX MONTHS, AND SINCE THE EXPIRA-
 TION  OF THE ORDER, THE PERSON HAS EXPERIENCED A SUBSTANTIAL INCREASE IN
 SYMPTOMS OF MENTAL ILLNESS AND SUCH  SYMPTOMS  SUBSTANTIALLY  INTERFERES
 WITH  OR  LIMITS  ONE  OR  MORE MAJOR LIFE ACTIVITIES AS DETERMINED BY A
 DIRECTOR OF COMMUNITY SERVICES WHO PREVIOUSLY WAS REQUIRED TO COORDINATE
 AND MONITOR THE CARE OF ANY INDIVIDUAL WHO WAS SUBJECT TO  SUCH  EXPIRED
 ASSISTED OUTPATIENT TREATMENT ORDER. THE APPLICABLE DIRECTOR OF COMMUNI-
 TY  SERVICES  OR  THEIR  DESIGNEE SHALL ARRANGE FOR THE INDIVIDUAL TO BE
 EVALUATED BY A PHYSICIAN.   IF THE PHYSICIAN  DETERMINES  COURT  ORDERED
 SERVICES  ARE CLINICALLY NECESSARY AND THE LEAST RESTRICTIVE OPTION, THE
 DIRECTOR OF COMMUNITY SERVICES MAY INITIATE A COURT PROCEEDING.
   (2) The court shall not order assisted outpatient treatment unless  an
 examining  physician,  who  recommends assisted outpatient treatment and
 has personally examined the subject of the petition  no  more  than  ten
 days before the filing of the petition, testifies in person OR BY VIDEO-
 CONFERENCE  at the hearing.  PROVIDED HOWEVER, A PHYSICIAN SHALL ONLY BE
 AUTHORIZED TO TESTIFY BY VIDEO CONFERENCE WHEN IT HAS  BEEN:  (I)  SHOWN
 THAT  DILIGENT  EFFORTS  HAVE BEEN MADE TO ATTEND SUCH HEARING IN PERSON
 AND THE SUBJECT OF THE PETITION CONSENTS TO THE PHYSICIAN TESTIFYING  BY
 S. 8006--C                         239                        A. 9006--C
 
 VIDEO  CONFERENCE;  OR (II) THE COURT ORDERS THE PHYSICIAN TO TESTIFY BY
 VIDEO CONFERENCE UPON A FINDING OF GOOD CAUSE.    Such  physician  shall
 state the facts and clinical determinations which support the allegation
 that the subject of the petition meets each of the criteria for assisted
 outpatient treatment.
   (S)  A  DIRECTOR  OF  COMMUNITY  SERVICES  OR  HIS OR HER DESIGNEE MAY
 REQUIRE  A  PROVIDER  OF  INPATIENT  PSYCHIATRIC  SERVICES  OPERATED  OR
 LICENSED  BY  THE  OFFICE  OF  MENTAL  HEALTH TO PROVIDE CONTEMPORANEOUS
 INFORMATION, INCLUDING BUT NOT LIMITED  TO  RELEVANT  CLINICAL  RECORDS,
 DOCUMENTS,   AND  OTHER  INFORMATION  CONCERNING  THE  PERSON  RECEIVING
 ASSISTED OUTPATIENT TREATMENT PURSUANT TO AN ACTIVE ASSISTED  OUTPATIENT
 TREATMENT  ORDER,  THAT IS DEEMED NECESSARY BY SUCH DIRECTOR OR DESIGNEE
 WHO IS REQUIRED TO COORDINATE AND MONITOR THE CARE OF ANY INDIVIDUAL WHO
 WAS SUBJECT TO AN ACTIVE ASSISTED OUTPATIENT TREATMENT ORDER TO   APPRO-
 PRIATELY  DISCHARGE  THEIR DUTIES PURSUANT TO SECTION 9.47 OF THIS ARTI-
 CLE,  AND  WHERE  SUCH  PROVIDER  OF  INPATIENT  PSYCHIATRIC SERVICES IS
 REQUIRED TO DISCLOSE SUCH INFORMATION PURSUANT TO  PARAGRAPH  TWELVE  OF
 SUBDIVISION  (C) OF SECTION 33.13 OF THIS CHAPTER AND SUCH DISCLOSURE IS
 IN ACCORDANCE WITH ALL OTHER APPLICABLE STATE AND FEDERAL CONFIDENTIALI-
 TY LAWS.  NONE OF THE RECORDS OR INFORMATION OBTAINED BY THE DIRECTOR OF
 COMMUNITY SERVICES PURSUANT TO THIS SUBDIVISION SHALL BE PUBLIC RECORDS,
 AND THE RECORDS SHALL NOT BE RELEASED BY THE DIRECTOR TO ANY  PERSON  OR
 AGENCY, EXCEPT AS ALREADY AUTHORIZED BY LAW.
   §  3.  This  act shall take effect immediately, provided, however that
 the amendments to section 9.60 of the mental hygiene law made by section
 two of this act shall not affect the repeal of such section and shall be
 deemed repealed therewith.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, subpart 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, subdivi-
 sion, section or part thereof directly involved in  the  controversy  in
 which  such  judgment shall have been rendered. It is hereby declared to
 be the intent of the legislature that this act would have  been  enacted
 even if such invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through H of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART VV
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "private activity bond allocation act of 2022".
   § 2. Legislative findings  and  declaration.  The  legislature  hereby
 finds and declares that the federal tax reform act of 1986 established a
 statewide  bond  volume  ceiling  on  the issuance of certain tax exempt
 private activity bonds  and  notes  and,  under  certain  circumstances,
 governmental  use  bonds  and  notes  issued by the state and its public
 authorities, local governments, agencies which issue on behalf of  local
 governments,  and  certain  other  issuers.  The  federal tax reform act
 establishes a formula for the allocation  of  the  bond  volume  ceiling
 which  was  subject to temporary modification by gubernatorial executive
 order until December 31, 1987. That act also permits state  legislatures
 to  establish,  by  statute,  an  alternative formula for allocating the
 volume ceiling. Bonds and notes subject to the volume ceiling require an
 S. 8006--C                         240                        A. 9006--C
 
 allocation from the state's annual volume ceiling in  order  to  qualify
 for federal tax exemption.
   It  is  hereby  declared to be the policy of the state to maximize the
 public benefit through the issuance of private activity  bonds  for  the
 purposes  of,  among  other  things, allocating a fair share of the bond
 volume ceiling upon initial allocation and from a bond reserve to  local
 agencies  and for needs identified by local governments; providing hous-
 ing and promoting economic  development;  job  creation;  an  economical
 energy  supply;  and resource recovery and to provide for an orderly and
 efficient volume ceiling allocation process for state and local agencies
 by establishing an alternative formula for making such allocations.
   § 3. Definitions. As used in this act,  unless  the  context  requires
 otherwise:
   1. "Bonds" means bonds, notes or other obligations.
   2.  "Carryforward"  means  an  amount  of unused private activity bond
 ceiling available to an issuer pursuant to an election  filed  with  the
 internal revenue service pursuant to section 146(f) of the code.
   3. "Code" means the internal revenue code of 1986, as amended.
   4. "Commissioner" means the commissioner of the New York state depart-
 ment of economic development.
   5.  "Covered  bonds" means those tax exempt private activity bonds and
 that portion of the non-qualified amount of an issue of governmental use
 bonds for which an allocation of the statewide ceiling is  required  for
 the  interest  earned  by  holders of such bonds to be excluded from the
 gross income of such holders for federal income tax purposes  under  the
 code.
   6. "Director" means the director of the New York state division of the
 budget.
   7. "Issuer" means a local agency, state agency or other issuer.
   8.  "Local  agency" means an industrial development agency established
 or operating pursuant to article 18-A of the general municipal law,  the
 Troy industrial development authority and the Auburn industrial develop-
 ment authority.
   9.  "Other  issuer"  means  any agency, political subdivision or other
 entity, other than a local agency or state agency, that is authorized to
 issue covered bonds.
   10. "Qualified small issue bonds" means qualified small  issue  bonds,
 as defined in section 144(a) of the code.
   11.  "State  agency"  means  the state of New York, the New York state
 energy research and development authority, the New York job  development
 authority,  the New York state environmental facilities corporation, the
 New York state urban development corporation and its  subsidiaries,  the
 Battery  Park  city  authority,  the  port authority of New York and New
 Jersey, the power authority of the state  of  New  York,  the  dormitory
 authority  of  the state of New York, the New York state housing finance
 agency, the state of New York mortgage  agency,  and  any  other  public
 benefit  corporation  or public authority designated by the governor for
 the purposes of this act.
   12. "Statewide ceiling" means for any calendar year the highest  state
 ceiling  (as such term is used in section 146 of the code) applicable to
 New York state.
   13. "Future allocations" means allocations of statewide ceiling for up
 to two future years.
   14. "Multi-year housing development project" means a project (a) which
 qualifies for covered bonds; (b) which is to be constructed over two  or
 S. 8006--C                         241                        A. 9006--C
 
 more  years  and  (c)  in  which at least twenty percent of the dwelling
 units will be occupied by persons and families of low income.
   §  4.  Local  agency  set-aside.  A set-aside of statewide ceiling for
 local agencies for any calendar year shall be an amount which bears  the
 same  ratio  to  one-third of the statewide ceiling as the population of
 the jurisdiction of such local agency bears to  the  population  of  the
 entire  state.  The  commissioner  shall  administer allocations of such
 set-aside to local agencies.
   § 5. State agency set-aside. A set-aside of statewide ceiling for  all
 state agencies for any calendar year shall be one-third of the statewide
 ceiling.  The director shall administer allocations of such set-aside to
 state agencies and may grant an allocation  to  any  state  agency  upon
 receipt of an application in such form as the director shall require.
   §  6.  Statewide  bond  reserve. One-third of the statewide ceiling is
 hereby set aside as a statewide bond reserve to be administered  by  the
 director.
   1.  Allocation  of  the  statewide  bond reserve among state agencies,
 local agencies and other issuers. The director shall transfer a  portion
 of  the statewide bond reserve to the commissioner for allocation to and
 use by local agencies and other issuers in accordance with the terms  of
 this  section.  The remainder of the statewide bond reserve may be allo-
 cated by the director to state agencies in accordance with the terms  of
 this section.
   2.  Allocation  of  statewide  bond reserve to local agencies or other
 issuers.
   (a) Local agencies or other issuers may  at  any  time  apply  to  the
 commissioner  for  an  allocation  from the statewide bond reserve. Such
 application shall demonstrate:
   (i) that the requested allocation is required under the code  for  the
 interest  earned  on  the  bonds to be excluded from the gross income of
 bondholders for federal income tax purposes;
   (ii) that the local  agency's  remaining  unused  allocation  provided
 pursuant  to  section  four  of  this  act, and other issuer's remaining
 unused allocation, or any available carryforward  will  be  insufficient
 for the specific project or projects for which the reserve allocation is
 requested; and
   (iii)  that,  except  for  those  allocations made pursuant to section
 thirteen of this act to enable  carryforward  elections,  the  requested
 allocation  is  reasonably expected to be used during the calendar year,
 and the requested future allocation is reasonably expected to be used in
 the calendar year to which the future allocation relates.
   (b) In reviewing  and  approving  or  disapproving  applications,  the
 commissioner  shall  exercise discretion to ensure an equitable distrib-
 ution of allocations from the statewide bond reserve to  local  agencies
 and other issuers. Prior to making a determination on such applications,
 the  commissioner shall notify and seek the recommendation of the presi-
 dent and chief executive officer of the New York state  housing  finance
 agency  in  the case of an application related to the issuance of multi-
 family housing or mortgage revenue bonds,  and  in  the  case  of  other
 requests,  such  state  officers, departments, divisions and agencies as
 the commissioner deems appropriate.
   (c) Applications for allocations  shall  be  made  in  such  form  and
 contain such information and reports as the commissioner shall require.
   (d)  On  or  before September fifteenth of each year, the commissioner
 shall publish the total amount of local agency set-aside that  has  been
 S. 8006--C                         242                        A. 9006--C
 
 recaptured  pursuant  to section twelve of this act for that year on the
 department of economic development's website.
   3.  Allocation of statewide bond reserve to state agencies. The direc-
 tor may make an allocation from the statewide bond reserve to any  state
 agency.  Before making any allocation of statewide bond reserve to state
 agencies the director shall be satisfied:
   (a) that the allocation is required under the code  for  the  interest
 earned  on the bonds to be excluded from the gross income of bondholders
 for federal income tax purposes;
   (b) that the  state  agency's  remaining  unused  allocation  provided
 pursuant  to section five of this act or any available carryforward will
 be insufficient to accommodate the specific bond  issue  or  issues  for
 which the reserve allocation is requested; and
   (c)  that, except for those allocations made pursuant to section thir-
 teen of this act to enable carryforward elections, the  requested  allo-
 cation  is  reasonably expected to be used during the calendar year, and
 the requested future allocation is reasonably expected to be used in the
 calendar year to which the future allocation relates.
   § 7. Access to employment opportunities. 1. All issuers shall  require
 that  any new employment opportunities created in connection with indus-
 trial or manufacturing projects financed through the issuance of  quali-
 fied  small  issue bonds shall be listed with the New York state depart-
 ment of labor and with the one-stop career center  established  pursuant
 to  the  federal  Workforce  Innovation and Opportunity Act (Pub. L. No.
 113-128) serving the locality in which the employment opportunities  are
 being  created. Such listing shall be in a manner and form prescribed by
 the commissioner. All issuers shall further require  that  for  any  new
 employment  opportunities  created  in  connection with an industrial or
 manufacturing project financed through the issuance of  qualified  small
 issue  bonds  by  such  issuer,  industrial or manufacturing firms shall
 first consider persons eligible to participate in  the  Workforce  Inno-
 vation  and  Opportunity Act (Pub. L. No. 113-128) programs who shall be
 referred to the industrial or manufacturing firm by one-stop centers  in
 local  workforce investment areas or by the department of labor. Issuers
 of qualified small issue bonds are required to monitor  compliance  with
 the provisions of this section as prescribed by the commissioner.
   2.  Nothing  in  this  section  shall be construed to require users of
 qualified small issue bonds to violate any existing collective  bargain-
 ing  agreement  with  respect to the hiring of new employees. Failure on
 the part of any user of qualified small issue bonds to comply  with  the
 requirements  of this section shall not affect the allocation of bonding
 authority to the issuer of the bonds  or  the  validity  or  tax  exempt
 status of such bonds.
   §  8. Overlapping jurisdictions. In a geographic area represented by a
 county local agency and one or more sub-county local agencies, the allo-
 cation granted by section four of this act with respect to such area  of
 overlapping  jurisdiction  shall  be  apportioned one-half to the county
 local agency and one-half to the sub-county local  agency  or  agencies.
 Where  there  is  a local agency for the benefit of a village within the
 geographic area of a town for the benefit of  which  there  is  a  local
 agency, the allocation of the village local agency shall be based on the
 population  of the geographic area of the village, and the allocation of
 the town local  agency  shall  be  based  upon  the  population  of  the
 geographic  area of the town outside of the village. Notwithstanding the
 foregoing, a local agency may surrender all or part  of  its  allocation
 for  such  calendar  year  to  another  local agency with an overlapping
 S. 8006--C                         243                        A. 9006--C
 
 jurisdiction. Such surrender shall be made at  such  time  and  in  such
 manner as the commissioner shall prescribe.
   §  9.  Ineligible local agencies. To the extent that any allocation of
 the local agency set-aside would be made by this act to a  local  agency
 which  is  ineligible to receive such allocation under the code or under
 regulations interpreting the state  volume  ceiling  provisions  of  the
 code, such allocation shall instead be made to the political subdivision
 for whose benefit that local agency was created.
   § 10. Municipal reallocation. The chief executive officer of any poli-
 tical  subdivision or, if such political subdivision has no chief execu-
 tive officer, the governing board of the political subdivision  for  the
 benefit  of  which a local agency has been established, may withdraw all
 or any portion of the allocation granted by section four of this act  to
 such  local agency. The political subdivision may then reallocate all or
 any portion of such allocation, as well as all or  any  portion  of  the
 allocation  received  pursuant to section nine of this act, to itself or
 any other issuer established for the benefit of that political  subdivi-
 sion  or may assign all or any portion of the allocation received pursu-
 ant to section nine of this act to the  local  agency  created  for  its
 benefit. The chief executive officer or governing board of the political
 subdivision,  as  the  case may be, shall notify the commissioner of any
 such reallocation.
   § 11. Future allocations for multi-year housing development  projects.
 1.  In addition to other powers granted under this act, the commissioner
 is authorized to make the  following  future  allocations  of  statewide
 ceiling  for  any  multi-year  housing development project for which the
 commissioner also makes an  allocation  of  statewide  ceiling  for  the
 current  year under this act or for which, in the event of expiration of
 provisions of this act described in section eighteen  of  this  act,  an
 allocation  of volume cap for a calendar year subsequent to such expira-
 tion shall have been made under section 146 of the code:  (a)  to  local
 agencies  from the local agency set-aside (but only with the approval of
 the chief executive officer of the political subdivision  to  which  the
 local  agency  set-aside  relates  or  the governing body of a political
 subdivision having no chief executive officer) and (b) to other  issuers
 from  that portion, if any, of the statewide bond reserve transferred to
 the commissioner by the director. Any  future  allocation  made  by  the
 commissioner shall constitute an allocation of statewide ceiling for the
 future  year  specified  by the commissioner and shall be deemed to have
 been made on the first day of the future year so specified.
   2. In addition to other powers granted under this act, the director is
 authorized to make future allocations  of  statewide  ceiling  from  the
 state agency set-aside or from the statewide bond reserve to state agen-
 cies for any multi-year housing development project for which the direc-
 tor  also makes an allocation of statewide ceiling from the current year
 under this act or for which, in the event of expiration of provisions of
 this act described in section eighteen of this  act,  an  allocation  of
 volume  cap for a calendar year subsequent to such expiration shall have
 been made under section 146 of the  code,  and  is  authorized  to  make
 transfers  of  the statewide bond reserve to the commissioner for future
 allocations to other issuers for multi-year housing development projects
 for which the commissioner has made an allocation of  statewide  ceiling
 for  the  current  year.  Any  such future allocation or transfer of the
 statewide bond reserve for future allocation made by the director  shall
 constitute  an allocation of statewide ceiling or transfer of the state-
 wide bond reserve for the future years specified  by  the  director  and
 S. 8006--C                         244                        A. 9006--C
 
 shall be deemed to have been made on the first day of the future year so
 specified.
   3.  (a)  If  an  allocation  made with respect to a multi-year housing
 development project is not used by September fifteenth of  the  year  to
 which  the  allocation  relates, the allocation with respect to the then
 current year shall be  subject  to  recapture  in  accordance  with  the
 provisions  of  section  twelve  of this act, and in the event of such a
 recapture, unless a carryforward election by another issuer  shall  have
 been  approved by the commissioner or a carryforward election by a state
 agency shall have been approved by the director, all future  allocations
 made  with respect to such project pursuant to subdivision one or two of
 this section shall be canceled.
   (b) The commissioner and the director shall have the authority to make
 future allocations from recaptured current year allocations and canceled
 future allocations to  multi-year  housing  development  projects  in  a
 manner consistent with the provisions of this act. Any such future allo-
 cation  shall,  unless  a  carryforward election by another issuer shall
 have been approved by the commissioner or a carryforward election  by  a
 state  agency  shall  have been approved by the director, be canceled if
 the current year allocation for the project is not used by December  31,
 2023.
   (c)  The  commissioner  and  the  director  shall establish procedures
 consistent with the provisions of this act relating to  carryforward  of
 future allocations.
   4.  The aggregate future allocations from either of the two succeeding
 years shall not exceed six hundred fifty million dollars for  each  such
 year.
   §  12.  Year end allocation recapture. On or before September first of
 each year, each state agency shall report to the director and each local
 agency and each other issuer shall report to the commissioner the amount
 of bonds subject to allocation under this act that will be issued  prior
 to  the  end  of  the  then current calendar year, and the amount of the
 issuer's then total allocation that will remain unused. As of  September
 fifteenth  of  each  year, the unused portion of each local agency's and
 other issuer's then total allocation as  reported  and  the  unallocated
 portion  of  the  set-aside  for  state agencies shall be recaptured and
 added to the statewide bond reserve and shall no longer be available  to
 covered bond issuers except as otherwise provided herein. From September
 fifteenth through the end of the year, each local agency or other issuer
 having  an  allocation  shall immediately report to the commissioner and
 each state agency having an allocation shall immediately report  to  the
 director  any  changes  to the status of its allocation or the status of
 projects for which allocations have been made which  should  affect  the
 timing  or  likelihood of the issuance of covered bonds therefor. If the
 commissioner determines that a local agency or other issuer has  overes-
 timated  the  amount of covered bonds subject to allocation that will be
 issued prior to the end of  the  calendar  year,  the  commissioner  may
 recapture  the  amount  of  the allocation to such local agency or other
 issuer represented by such overestimation by notice to the local  agency
 or  other issuer, and add such allocation to the statewide bond reserve.
 The director may likewise make such  determination  and  recapture  with
 respect to state agency allocations.
   §  13.  Allocation  carryforward.  1.  No local agency or other issuer
 shall make a  carryforward  election  utilizing  any  unused  allocation
 (pursuant  to  section 146(f) of the code) without the prior approval of
 the commissioner. Likewise no state agency shall make or  file  such  an
 S. 8006--C                         245                        A. 9006--C
 
 election,  or  elect  to  issue  or carryforward mortgage credit certif-
 icates, without the prior approval of the director.
   2.  On  or  before  November fifteenth of each year, each state agency
 seeking unused statewide ceiling for use in future years  shall  make  a
 request  for  an  allocation  for  a carryforward to the director, whose
 approval shall be required before a carryforward election is filed by or
 on behalf of any state agency. A later request may also be considered by
 the director, who may file a carryforward election for any state  agency
 with the consent of such agency.
   3.  On or before November fifteenth of each year, each local agency or
 other issuer seeking unused statewide ceiling for use  in  future  years
 shall make a request for an allocation for a carryforward to the commis-
 sioner,  whose approval shall be required before a carryforward election
 is filed by or on behalf of any local or other agency. A  later  request
 may also be considered by the commissioner.
   4.  On  or  before  January fifteenth of each year, the director shall
 publish the total amount of unused statewide ceiling from the prior year
 on the division of budget's website.
   § 14. New York state bond allocation policy advisory panel.  1.  There
 is  hereby created a policy advisory panel and process to provide policy
 advice regarding the priorities for distribution of the statewide  ceil-
 ing.
   2.  The  panel  shall  consist  of  five  members,  one designee being
 appointed by each of the following: the governor, the  temporary  presi-
 dent  of the senate, the speaker of the assembly, the minority leader of
 the senate and the minority leader of the assembly. The designee of  the
 governor  shall  chair the panel. The panel shall monitor the allocation
 process through the year, and in that regard, the division of the budget
 and the department of economic development shall  assist  and  cooperate
 with  the  panel as provided in this section. The advisory process shall
 operate through the issuance of advisory  opinions  by  members  of  the
 panel as provided in subdivisions six and seven of this section. A meet-
 ing  may  be held at the call of the chair with the unanimous consent of
 the members.
   3. (a) Upon receipt of a request  for  allocation  or  a  request  for
 approval  of  a  carryforward election from the statewide reserve from a
 local agency or other issuer, the commissioner shall, within five  work-
 ing  days,  notify  the panel of such request and provide the panel with
 copies of all application materials submitted by the applicant.
   (b) Upon receipt of a request for allocation or a request for approval
 of carryforward election from the statewide reserve from a state agency,
 the director shall, within five working days, notify the panel  of  such
 request  and  provide the panel with copies of all application materials
 submitted by the applicant.
   4. (a) Following receipt of a request  for  allocation  from  a  local
 agency  or  other  issuer,  the commissioner shall notify the panel of a
 decision to approve or exclude from further consideration such  request,
 and the commissioner shall state the reasons. Such notification shall be
 made  with  or  after  the  transmittal  of the information specified in
 subdivision three of this section and at least five working days  before
 formal notification is made to the applicant.
   (b) Following receipt of a request for allocation from a state agency,
 the  director shall notify the panel of a decision to approve or exclude
 from further consideration such request, and shall  state  the  reasons.
 Such  notification  shall  be made with or after the transmission of the
 information specified in subdivision three of this section and at  least
 S. 8006--C                         246                        A. 9006--C
 
 five  working days before formal notification is made to the state agen-
 cy.
   5.  The  requirements  of  subdivisions three and four of this section
 shall not apply to adjustments to allocations due to bond sizing  chang-
 es.
   6.  In  the  event  that  any  decision  to approve or to exclude from
 further consideration a request for allocation is made within ten  work-
 ing days of the end of the calendar year and in the case of all requests
 for consent to a carryforward election, the commissioner or director, as
 is  appropriate,  shall  provide  the  panel  with  the longest possible
 advance notification of the action, consistent with the requirements  of
 the  code,  and  shall,  wherever  possible, solicit the opinions of the
 members of the panel before formally  notifying  any  applicant  of  the
 action.  Such  notification  may  be made by means of telephone communi-
 cation to the members or by  written  notice  delivered  to  the  Albany
 office of the appointing authority of the respective members.
   7.  Upon  notification by the director or the commissioner, any member
 of the panel may, within five working days, notify the  commissioner  or
 the  director of any policy objection concerning the expected action. If
 three or more members of the panel shall  submit  policy  objections  in
 writing  to  the intended action, the commissioner or the director shall
 respond in writing to the objection prior to taking the intended  action
 unless  exigent  circumstances  make  it  necessary to respond after the
 action has been taken.
   8. On or before the first day of July, in any year, the director shall
 report to the members of the New York state bond allocation policy advi-
 sory panel on the actual utilization of volume cap for the  issuance  of
 bonds  during  the  prior calendar year and the amount of such cap allo-
 cated for carryforwards for  future  bond  issuance.  The  report  shall
 include, for each local agency or other issuer and each state agency the
 initial  allocation,  the  amount  of  bonds issued subject to the allo-
 cation, the amount of the issuer's allocation that remained unused,  the
 allocation  of  the statewide bond reserve, carryforward allocations and
 recapture of allocations. Further, the report shall include  projections
 regarding private activity bond issuance for state and local issuers for
 the  calendar  year,  as  well  as  any  recommendations for legislative
 action.  The director shall publish the report on the division of  budg-
 et's website concurrently with the release of the report to the panel.
   §  15.  Severability.  If any clause, sentence, paragraph, section, or
 item of this part shall be adjudged by any court of competent  jurisdic-
 tion  to  be invalid, such judgment shall not affect, impair, or invali-
 date the remainder thereof, but shall be confined in  its  operation  to
 the  clause,  sentence,  paragraph,  section,  or  item thereof directly
 involved in the controversy in  which  such  judgment  shall  have  been
 rendered.
   §  16.  Notwithstanding any provisions of this act to the contrary (1)
 provided that a local agency or other issuer certifies  to  the  commis-
 sioner  on or before October 1, 2022 that it has issued private activity
 bonds described in this act and the amount thereof which used  statewide
 ceiling,  a  commitment  or  allocation  of statewide ceiling to a local
 agency or other issuer made to or so used by such local agency or  other
 issuer  pursuant to the federal tax reform act of 1986 on or after Janu-
 ary 1, 2022 and prior to the effective date of this act,  in  an  amount
 which  exceeds the local agency set-aside established by section four of
 this act, shall be first chargeable to the statewide bond reserve estab-
 lished pursuant to section six of this act,  and  (2)  a  commitment  or
 S. 8006--C                         247                        A. 9006--C
 
 allocation  of  statewide  ceiling  to a state agency made to or used by
 such agency pursuant to the internal revenue code,  as  amended,  on  or
 after January 1, 2022 and prior to the effective date of this act, shall
 be  first  chargeable to the state agency set-aside established pursuant
 to section five of this act, and,  thereafter,  to  the  statewide  bond
 reserve established by section six of this act.
   §  17.  Nothing  contained  in  this act shall be deemed to supersede,
 alter or impair any allocation used by or committed by the  director  or
 commissioner  to a state or local agency or other issuer pursuant to the
 federal tax reform act of 1986 and prior to the effective date  of  this
 act.
   §  18. This act shall take effect immediately; provided, however, that
 sections three, four, five, six, seven, eight, nine, ten, twelve,  thir-
 teen  and  fourteen of this act shall expire July 1, 2025 when upon such
 date the provisions of such sections shall be  deemed  repealed;  except
 that the provisions of subdivisions two and three of section thirteen of
 this act shall expire and be deemed repealed February 15, 2025.
 
                                  PART WW
 
   Section 1.  Subdivision (c) of section 103 of the public officers law,
 as  added  by  chapter  289  of  the laws of 2000, is amended to read as
 follows:
   (c) A public body [that uses videoconferencing to  conduct  its  meet-
 ings]  shall provide an opportunity for the public to attend, listen and
 observe [at any site] MEETINGS IN AT  LEAST  ONE  PHYSICAL  LOCATION  at
 which a member participates.
   §  2. The public officers law is amended by adding a new section 103-a
 to read as follows:
   § 103-A. VIDEOCONFERENCING BY PUBLIC BODIES.  1.  FOR THE PURPOSES  OF
 THIS  SECTION,  "LOCAL  PUBLIC  BODY" SHALL MEAN A PUBLIC CORPORATION AS
 DEFINED IN SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION  LAW,  A  POLI-
 TICAL  SUBDIVISION  AS  DEFINED  IN  SECTION  ONE HUNDRED OF THE GENERAL
 MUNICIPAL LAW OR A COMMITTEE OR SUBCOMMITTEE OR OTHER  SIMILAR  BODY  OF
 SUCH  ENTITY,  OR  ANY ENTITY FOR WHICH A QUORUM IS REQUIRED IN ORDER TO
 CONDUCT PUBLIC BUSINESS AND WHICH  CONSISTS  OF  TWO  OR  MORE  MEMBERS,
 PERFORMING  A  GOVERNMENTAL  FUNCTION  FOR  AN  ENTITY  LIMITED  IN  THE
 EXECUTION OF ITS OFFICIAL FUNCTIONS TO A PORTION ONLY OF THE STATE, OR A
 POLITICAL SUBDIVISION OF THE STATE, OR FOR AN AGENCY OR DEPARTMENT THER-
 EOF.   FOR THE PURPOSES OF THIS SECTION,  A  PUBLIC  BODY  SHALL  BE  AS
 DEFINED IN SUBDIVISION TWO OF SECTION ONE HUNDRED TWO OF THIS ARTICLE.
   2.  A  PUBLIC  BODY  MAY,  IN ITS DISCRETION, USE VIDEOCONFERENCING TO
 CONDUCT ITS MEETINGS  PURSUANT  TO  THE  REQUIREMENTS  OF  THIS  ARTICLE
 PROVIDED  THAT  A  MINIMUM  NUMBER OF MEMBERS ARE PRESENT TO FULFILL THE
 PUBLIC BODY'S QUORUM  REQUIREMENT  IN  THE  SAME  PHYSICAL  LOCATION  OR
 LOCATIONS  WHERE  THE  PUBLIC  CAN ATTEND AND THE FOLLOWING CRITERIA ARE
 MET:
   (A) THE GOVERNING BOARD OF A COUNTY, CITY, TOWN OR VILLAGE HAS ADOPTED
 A LOCAL LAW, OR A PUBLIC BODY HAS ADOPTED A RESOLUTION,  OR  THE  SENATE
 AND  ASSEMBLY  HAVE ADOPTED A JOINT RESOLUTION, FOLLOWING A PUBLIC HEAR-
 ING, AUTHORIZING THE USE OF VIDEOCONFERENCING:
   (I) FOR ITSELF AND ITS COMMITTEES OR SUBCOMMITTEES; OR,
   (II) SPECIFYING THAT EACH COMMITTEE OR SUBCOMMITTEE MAY MAKE  ITS  OWN
 DETERMINATION;
   (III)  PROVIDED  HOWEVER,  EACH COMMUNITY BOARD IN A CITY WITH A POPU-
 LATION OF ONE MILLION OR MORE SHALL MAKE ITS OWN DETERMINATION;
 S. 8006--C                         248                        A. 9006--C
   (B) THE PUBLIC  BODY  HAS  ESTABLISHED  WRITTEN  PROCEDURES  GOVERNING
 MEMBER  AND  PUBLIC  ATTENDANCE  CONSISTENT  WITH THIS SECTION, AND SUCH
 WRITTEN PROCEDURES SHALL BE CONSPICUOUSLY POSTED ON THE  PUBLIC  WEBSITE
 OF THE PUBLIC BODY;
   (C) MEMBERS OF THE PUBLIC BODY SHALL BE PHYSICALLY PRESENT AT ANY SUCH
 MEETING  UNLESS  SUCH  MEMBER  IS UNABLE TO BE PHYSICALLY PRESENT AT ANY
 SUCH MEETING LOCATION DUE TO EXTRAORDINARY CIRCUMSTANCES, AS  SET  FORTH
 IN  THE RESOLUTION AND WRITTEN PROCEDURES ADOPTED PURSUANT TO PARAGRAPHS
 (A) AND (B) OF THIS SUBDIVISION, INCLUDING DISABILITY, ILLNESS, CAREGIV-
 ING RESPONSIBILITIES, OR ANY OTHER SIGNIFICANT OR UNEXPECTED  FACTOR  OR
 EVENT WHICH PRECLUDES THE MEMBER'S PHYSICAL ATTENDANCE AT SUCH MEETING;
   (D)  EXCEPT  IN  THE  CASE OF EXECUTIVE SESSIONS CONDUCTED PURSUANT TO
 SECTION ONE HUNDRED FIVE OF THIS ARTICLE, THE PUBLIC BODY  SHALL  ENSURE
 THAT MEMBERS OF THE PUBLIC BODY CAN BE HEARD, SEEN AND IDENTIFIED, WHILE
 THE  MEETING  IS  BEING  CONDUCTED,  INCLUDING  BUT  NOT  LIMITED TO ANY
 MOTIONS, PROPOSALS, RESOLUTIONS, AND ANY OTHER MATTER FORMALLY DISCUSSED
 OR VOTED UPON;
   (E) THE MINUTES OF  THE  MEETINGS  INVOLVING  VIDEOCONFERENCING  SHALL
 INCLUDE WHICH, IF ANY, MEMBERS PARTICIPATED REMOTELY AND SHALL BE AVAIL-
 ABLE TO THE PUBLIC PURSUANT TO SECTION ONE HUNDRED SIX OF THIS ARTICLE;
   (F) IF  VIDEOCONFERENCING  IS  USED  TO  CONDUCT A MEETING, THE PUBLIC
 NOTICE FOR THE MEETING SHALL INFORM THE  PUBLIC  THAT  VIDEOCONFERENCING
 WILL BE USED, WHERE THE PUBLIC CAN VIEW AND/OR PARTICIPATE IN SUCH MEET-
 ING,  WHERE  REQUIRED DOCUMENTS AND RECORDS WILL BE POSTED OR AVAILABLE,
 AND IDENTIFY THE PHYSICAL LOCATION FOR THE MEETING WHERE THE PUBLIC  CAN
 ATTEND;
   (G)  THE  PUBLIC  BODY SHALL PROVIDE THAT EACH MEETING CONDUCTED USING
 VIDEOCONFERENCING SHALL BE RECORDED AND SUCH RECORDINGS POSTED OR LINKED
 ON THE PUBLIC WEBSITE OF THE  PUBLIC  BODY  WITHIN  FIVE  BUSINESS  DAYS
 FOLLOWING  THE  MEETING,  AND SHALL REMAIN SO AVAILABLE FOR A MINIMUM OF
 FIVE  YEARS  THEREAFTER.  SUCH  RECORDINGS  SHALL  BE  TRANSCRIBED  UPON
 REQUEST;
   (H) IF VIDEOCONFERENCING IS USED TO CONDUCT A MEETING, THE PUBLIC BODY
 SHALL  PROVIDE  THE  OPPORTUNITY  FOR MEMBERS OF THE PUBLIC TO VIEW SUCH
 MEETING VIA VIDEO, AND TO PARTICIPATE IN PROCEEDINGS VIA VIDEOCONFERENCE
 IN REAL TIME WHERE PUBLIC COMMENT OR  PARTICIPATION  IS  AUTHORIZED  AND
 SHALL  ENSURE  THAT VIDEOCONFERENCING AUTHORIZES THE SAME PUBLIC PARTIC-
 IPATION OR TESTIMONY AS IN PERSON PARTICIPATION OR TESTIMONY; AND
   (I) A LOCAL PUBLIC  BODY  ELECTING  TO  UTILIZE  VIDEOCONFERENCING  TO
 CONDUCT ITS MEETINGS MUST MAINTAIN AN OFFICIAL WEBSITE.
   3. THE IN PERSON PARTICIPATION REQUIREMENTS OF PARAGRAPH (C) OF SUBDI-
 VISION TWO OF THIS SECTION SHALL NOT APPLY DURING A STATE DISASTER EMER-
 GENCY  DECLARED  BY THE GOVERNOR PURSUANT TO SECTION TWENTY-EIGHT OF THE
 EXECUTIVE LAW, OR A LOCAL STATE OF EMERGENCY  PROCLAIMED  BY  THE  CHIEF
 EXECUTIVE  OF  A COUNTY, CITY, VILLAGE OR TOWN PURSUANT TO SECTION TWEN-
 TY-FOUR OF THE EXECUTIVE LAW, IF THE PUBLIC  BODY  DETERMINES  THAT  THE
 CIRCUMSTANCES  NECESSITATING  THE  EMERGENCY DECLARATION WOULD AFFECT OR
 IMPAIR THE ABILITY OF THE PUBLIC BODY TO HOLD AN IN PERSON MEETING.
   4. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THE  COMMIT-
 TEE  ON  OPEN GOVERNMENT, CREATED BY PARAGRAPH (A) OF SUBDIVISION ONE OF
 SECTION EIGHTY-NINE OF THIS CHAPTER, SHALL ISSUE A REPORT TO THE  GOVER-
 NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
 THE  CHAIR  OF  THE  SENATE  STANDING COMMITTEE ON LOCAL GOVERNMENT, THE
 CHAIR OF THE SENATE STANDING COMMITTEE ON INVESTIGATIONS AND  GOVERNMENT
 OPERATIONS,  THE  CHAIR  OF  THE  ASSEMBLY  STANDING  COMMITTEE ON LOCAL
 GOVERNMENTS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN-
 S. 8006--C                         249                        A. 9006--C
 
 MENTAL OPERATIONS CONCERNING THE APPLICATION AND IMPLEMENTATION OF  SUCH
 LAW AND ANY FURTHER RECOMMENDATIONS GOVERNING THE USE OF VIDEOCONFERENC-
 ING BY PUBLIC BODIES TO CONDUCT MEETINGS PURSUANT TO THIS SECTION.
   5.  OPEN  MEETINGS  OF  ANY PUBLIC BODY THAT ARE BROADCAST OR THAT USE
 VIDEOCONFERENCING SHALL UTILIZE TECHNOLOGY TO PERMIT ACCESS  BY  MEMBERS
 OF  THE PUBLIC WITH DISABILITIES CONSISTENT WITH THE 1990 AMERICANS WITH
 DISABILITIES ACT (ADA), AS AMENDED, AND  CORRESPONDING  GUIDELINES.  FOR
 THE  PURPOSES  OF  THIS  SECTION,  "DISABILITY"  SHALL  HAVE THE MEANING
 DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
   § 3. Notwithstanding the provisions of article 7 of the  public  offi-
 cers  law  to  the  contrary, for sixty days after the effective date of
 this act any public body shall be  authorized  to  meet  and  take  such
 action  authorized  by law without permitting in public-in-person access
 to meetings and authorize such meetings to be held remotely  by  confer-
 ence  call  or similar service, provided that the public has the ability
 to view or listen to such proceeding and that such meetings are recorded
 and later transcribed.
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed repealed July 1, 2024.
 
                                  PART XX
 
   Section  1.  The  public health law is amended by adding a new section
 3614-f to read as follows:
   § 3614-F. HOME CARE MINIMUM WAGE INCREASE. 1. FOR THE PURPOSE OF  THIS
 SECTION,  "HOME  CARE  AIDE"  SHALL  HAVE THE SAME MEANING AS DEFINED IN
 SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THIS ARTICLE.
   2. IN ADDITION TO THE OTHERWISE APPLICABLE MINIMUM WAGE UNDER  SECTION
 SIX HUNDRED FIFTY-TWO OF THE LABOR LAW, OR ANY OTHERWISE APPLICABLE WAGE
 RULE  OR ORDER UNDER ARTICLE NINETEEN OF THE LABOR LAW, THE MINIMUM WAGE
 FOR A HOME CARE AIDE SHALL BE INCREASED BY AN AMOUNT  OF  THREE  DOLLARS
 AND ZERO CENTS IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
   (A) BEGINNING OCTOBER FIRST, TWO THOUSAND TWENTY-TWO, THE MINIMUM WAGE
 FOR  A HOME CARE AIDE SHALL BE INCREASED BY AN AMOUNT OF TWO DOLLARS AND
 ZERO CENTS, AND
   (B) BEGINNING OCTOBER FIRST, TWO THOUSAND  TWENTY-THREE,  THE  MINIMUM
 WAGE  FOR A HOME CARE AIDE SHALL BE INCREASED BY AN ADDITIONAL AMOUNT OF
 ONE DOLLAR AND ZERO CENTS.
   3. WHERE ANY HOME CARE AIDE IS PAID LESS THAN REQUIRED BY  SUBDIVISION
 TWO  OF  THIS  SECTION, THE HOME CARE AIDE, OR THE COMMISSIONER OF LABOR
 ACTING ON BEHALF OF THE HOME CARE AIDE, MAY BRING A CIVIL  ACTION  UNDER
 ARTICLE  SIX  OR NINETEEN OF THE LABOR LAW; PROVIDED THAT THIS SHALL NOT
 PRECLUDE THE COMMISSIONER OF LABOR  FROM  TAKING  DIRECT  ADMINISTRATIVE
 ENFORCEMENT ACTION UNDER ARTICLE SIX OF THE LABOR LAW.
   §  2.  Section 3614-d of the public health law, as added by section 49
 of part B of chapter 57 of the laws of  2015,  is  amended  to  read  as
 follows:
   §  3614-d.  Universal  standards  for  coding  of  payment for medical
 assistance claims for long term care. Claims for payment submitted under
 contracts or agreements  with  insurers  under  the  medical  assistance
 program  for  home  and community-based long-term care services provided
 under this article,  by  fiscal  intermediaries  operating  pursuant  to
 section  three  hundred  sixty-five-f of the social services law, and by
 residential health care facilities operating pursuant to  article  twen-
 ty-eight  of this chapter shall have standard billing codes. Such insur-
 ers shall include but not be limited to Medicaid managed care plans  and
 S. 8006--C                         250                        A. 9006--C
 
 managed  long term care plans. Such payments shall be based on universal
 billing codes approved by the  department  or  a  nationally  accredited
 organization  as  approved  by  the  department; provided, however, such
 coding  shall  be  consistent  with  any  codes developed as part of the
 uniform assessment system for long term care established by the  depart-
 ment  AND  SHALL  INCLUDE,  FOR ANY ENTITY OPERATING PURSUANT TO SECTION
 THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW  A  CODE  THAT  IS
 SPECIFIC  TO  THE HOURLY COST OF SERVICES AT AN OVERTIME RATE; PROVIDED,
 HOWEVER, THAT THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE THE DEPART-
 MENT TO DEVELOP AN OVERTIME RATE.
   § 3. Subparagraph (iv) of paragraph (a) of subdivision  3  of  section
 3614-c  of  the public health law, as amended by section 1 of part OO of
 chapter 56 of the laws of 2020, is amended and a new subparagraph (v) is
 added to read as follows:
   (iv) for all periods on or after April first,  two  thousand  sixteen,
 the  cash  portion  of  the minimum rate of home care aide total compen-
 sation shall be ten dollars or the minimum wage as laid out in paragraph
 (a) of subdivision one of section six hundred  fifty-two  of  the  labor
 law,  whichever  is  higher.  The benefit portion of the minimum rate of
 home care aide  total  compensation  shall  be  four  dollars  and  nine
 cents[.];
   (V)  FOR  ALL  PERIODS ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 THREE, THE CASH PORTION OF THE MINIMUM RATE  OF  HOME  CARE  AIDE  TOTAL
 COMPENSATION SHALL BE THE MINIMUM WAGE FOR HOME CARE AIDES IN THE APPLI-
 CABLE  REGION,  AS  DEFINED  IN SECTION THIRTY-SIX HUNDRED FOURTEEN-F OF
 THIS ARTICLE. THE BENEFIT PORTION OF THE MINIMUM RATE OF HOME CARE  AIDE
 TOTAL COMPENSATION SHALL BE FOUR DOLLARS AND NINE CENTS.
   §  4.  Subparagraph  (iv) of paragraph (b) of subdivision 3 of section
 3614-c of the public health law, as amended by section 1 of part  OO  of
 chapter 56 of the laws of 2020, is amended and a new subparagraph (v) is
 added to read as follows:
   (iv)  for  all  periods on or after March first, two thousand sixteen,
 the cash portion of the minimum rate of home  care  aide  total  compen-
 sation shall be ten dollars or the minimum wage as laid out in paragraph
 (b)  of  subdivision  one  of section six hundred fifty-two of the labor
 law, whichever is higher. The benefit portion of  the  minimum  rate  of
 home  care aide total compensation shall be three dollars and twenty-two
 cents[.];
   (V) FOR ALL PERIODS ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  TWENTY-
 THREE,  THE  CASH  PORTION  OF  THE MINIMUM RATE OF HOME CARE AIDE TOTAL
 COMPENSATION SHALL BE THE MINIMUM WAGE FOR  THE  APPLICABLE  REGION,  AS
 DEFINED  IN  SECTION  THIRTY-SIX HUNDRED FOURTEEN-F OF THIS ARTICLE. THE
 BENEFIT PORTION OF THE MINIMUM RATE OF HOME CARE AIDE TOTAL COMPENSATION
 SHALL BE THREE DOLLARS AND TWENTY-TWO CENTS.
   § 5. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or to  violate  or  be
 inconsistent  with  any federal law or regulation, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application  of any provision of this act which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 6. This act shall take effect October 1, 2022.
 
                                  PART YY
 S. 8006--C                         251                        A. 9006--C
 
   Section  1. Sections 1 and 3 of chapter 252 of the laws of 1968 relat-
 ing to the construction and financing of a stadium by the county of Erie
 and authorizing, in aid of such financing, the leasing of  such  stadium
 and  exemption  from  current funds requirements, are amended to read as
 follows:
   Section 1. (1) Notwithstanding the provisions of any other law, gener-
 al,  special,  or local, the county of Erie, acting by the county execu-
 tive, with the approval  of  the  Erie  county  legislature,  is  hereby
 authorized  and  empowered  from  time  to time to enter into contracts,
 leases, or rental agreements with, TRANSFER REAL PROPERTY TO,  or  grant
 licenses,  permits,  concessions, or other authorizations, to any person
 or persons, upon such terms and conditions, for such  consideration  and
 for  such  term of duration as may be agreed upon by the county and such
 person or persons, whereby, for  any  purpose  or  purposes  hereinafter
 referred to, such person or persons are granted the right, to use, occu-
 py,  or  carry  on  activities  in,  the whole or any part of a stadium,
 including the site thereof, parking areas and other facilities appurten-
 ant thereto or utilized therefor ON REAL PROPERTY OWNED BY THE COUNTY OF
 ERIE, OR CONSTRUCTED AND/OR RECONSTRUCTED BY SUCH PERSON OR  PERSONS  ON
 REAL  PROPERTY  TRANSFERRED  BY  THE  COUNTY  OF  ERIE TO SUCH PERSON OR
 PERSONS, hereby authorized to be (A) constructed by the county  of  Erie
 on such site as may be finally determined by the Erie county legislature
 and  acquired  by  the  county of Erie, OR (B) CONSTRUCTED AND/OR RECON-
 STRUCTED BY SUCH PERSON OR PERSONS ON SUCH SITE AS MAY  BE  PROVIDED  BY
 TRANSFER  OF  REAL  PROPERTY  BY  THE  COUNTY  OF ERIE TO SUCH PERSON OR
 PERSONS.  (2) Prior to or after the expiration  or  termination  of  the
 term  of duration of any contracts, leases, rental agreements, licenses,
 permits, concessions, or other authorizations entered  into  or  granted
 pursuant  to  the provisions of this act, the county of Erie, in accord-
 ance with the requirements and conditions of this act, may from time  to
 time  enter  into  amended,  supplemental,  new,  additional, or further
 contracts, leases, or rental agreements with, and grant new, additional,
 supplemental,  or  further  licenses,  permits,  concessions,  or  other
 authorizations  to,  the  same  or  any  other person or persons for any
 purpose or purposes referred to herein.
   § 3. The construction, REPLACEMENT, reconstruction, or alteration  of,
 or construction of an addition to or a roof or increased seating capaci-
 ty  for,  such stadium, including acquisition of land or rights in land,
 demolition of existing structures thereon, grading or improving  of  the
 site,  construction  of  parking  areas and other facilities appurtenant
 thereto or utilized therefor and improvements in  relation  thereto  and
 purchase and installation of original furnishings, equipment, machinery,
 and  apparatus  required for the purpose for which such stadium is to be
 used, is hereby declared to be a specific object or  purpose  for  which
 indebtedness  may  be  contracted and serial bonds and bond anticipation
 notes of the county of Erie may be issued, pursuant  to  the  applicable
 provisions  of  the local finance law and the period of probable useful-
 ness thereof is hereby determined to be forty years.  Preliminary  costs
 of surveys, maps, plans, estimates, and hearings in connection with such
 capital improvements and costs incidental to such improvement, including
 but  not  limited  to  legal fees, printing or engraving, publication of
 notices, taking of title, apportionment of  costs  and  interest  during
 construction shall be deemed part of the cost of such object or purpose.
   §  2.  Section  5  of  chapter 252 of the laws of 1968 relating to the
 construction and financing of a  stadium  by  the  county  of  Erie  and
 authorizing,  in  aid of such financing, the leasing of such stadium and
 S. 8006--C                         252                        A. 9006--C
 
 exemption from current funds requirements, as renumbered by chapter  699
 of  the  laws  of  1974,  is renumbered section 6 and a new section 5 is
 added to read as follows:
   §  5.  THE APPROPRIATION AND EXPENDITURE OF ANY FUNDS AFTER JANUARY 1,
 2022 FOR ANY PURPOSES RELATED TO SERVICES AND  EXPENSES  FOR  ANY  NEWLY
 CONSTRUCTED  ATHLETIC  FACILITIES  RELATED  TO  PROFESSIONAL FOOTBALL IN
 ORCHARD PARK, NEW YORK SHALL  BE  SUBJECT  TO  A  CONTRACTUAL  AGREEMENT
 BETWEEN  THE  ERIE  COUNTY  STADIUM  CORPORATION  AND THE LESSEE OF SUCH
 ATHLETIC FACILITIES WHICH PROVIDES THAT SUCH LESSEE COMMIT TO THE UTILI-
 ZATION AND OCCUPATION  OF  ANY  NEWLY  CONSTRUCTED  ATHLETIC  FACILITIES
 (PROHIBITION  ON RELOCATION) FOR A MINIMUM DURATION OF THIRTY YEARS; AND
 PROVIDED FURTHER, IN ADDITION TO ANY OTHER PENALTIES, REMEDIES AND  FEES
 NEGOTIATED  IN  SUCH CONTRACT AND ANY ANCILLARY DOCUMENTS AND AGREEMENTS
 ASSOCIATED THEREWITH BETWEEN THE ERIE COUNTY STADIUM CORPORATION AND THE
 LESSEE, SUCH CONTRACT AND ANY ANCILLARY DOCUMENTS AND AGREEMENTS ASSOCI-
 ATED THEREWITH SHALL PROVIDE THAT THE LESSEE OF SUCH   ATHLETIC  FACILI-
 TIES REIMBURSE THE STATE FOR A PORTION OF SUCH FUNDS CONSISTENT WITH THE
 TERMS  OF  THE  PROHIBITION  ON  RELOCATION  PROVISIONS INCLUDED IN SUCH
 CONTRACT AND ANY ANCILLARY DOCUMENTS AND  AGREEMENTS  ASSOCIATED  THERE-
 WITH.
   § 3. This act shall take effect immediately.
 
                                  PART ZZ
 
   Section 1.  The social services law is amended by adding a new section
 367-w to read as follows:
   §  367-W.  HEALTH  CARE AND MENTAL HYGIENE WORKER BONUSES.  1. PURPOSE
 AND INTENT. NEW YORK'S ESSENTIAL  FRONT  LINE  HEALTH  CARE  AND  MENTAL
 HYGIENE  WORKERS  HAVE SEEN US THROUGH A ONCE-IN-A-CENTURY PUBLIC HEALTH
 CRISIS AND TURNED OUR STATE  INTO  A  MODEL  FOR  BATTLING  AND  BEATING
 COVID-19.    TO ATTRACT TALENTED PEOPLE INTO THE PROFESSION AT A TIME OF
 SUCH SIGNIFICANT STRAIN WHILE ALSO RETAINING THOSE WHO HAVE BEEN WORKING
 SO TIRELESSLY THESE PAST TWO YEARS, WE MUST RECOGNIZE THE EFFORTS OF OUR
 HEALTH CARE AND MENTAL HYGIENE WORKFORCE AND REWARD THEM FINANCIALLY FOR
 THEIR SERVICE.
   TO DO THAT, THE COMMISSIONER OF HEALTH  IS  HEREBY  DIRECTED  TO  SEEK
 FEDERAL  APPROVALS  AS  APPLICABLE,  AND,  SUBJECT  TO FEDERAL FINANCIAL
 PARTICIPATION, TO SUPPORT WITH FEDERAL AND STATE FUNDING BONUSES  TO  BE
 MADE  AVAILABLE DURING THE STATE FISCAL YEAR OF 2023 TO RECRUIT, RETAIN,
 AND REWARD HEALTH CARE AND MENTAL HYGIENE WORKERS.
   2. DEFINITIONS.  AS USED IN THIS SECTION, THE TERM:
   (A) "EMPLOYEE" MEANS CERTAIN FRONT LINE HEALTH CARE AND MENTAL HYGIENE
 PRACTITIONERS, TECHNICIANS, ASSISTANTS AND AIDES THAT PROVIDE  HANDS  ON
 HEALTH  OR  CARE  SERVICES TO INDIVIDUALS, WITHOUT REGARD TO WHETHER THE
 PERSON WORKS FULL-TIME, PART-TIME, ON A SALARIED, HOURLY,  OR  TEMPORARY
 BASIS, OR AS AN INDEPENDENT CONTRACTOR, THAT RECEIVED AN ANNUALIZED BASE
 SALARY OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS OR LESS, TO INCLUDE:
   (I)   PHYSICIAN  ASSISTANTS,  DENTAL  HYGIENISTS,  DENTAL  ASSISTANTS,
 PSYCHIATRIC AIDES, PHARMACISTS, PHARMACY  TECHNICIANS,  PHYSICAL  THERA-
 PISTS, PHYSICAL THERAPY ASSISTANTS, PHYSICAL THERAPY AIDES, OCCUPATIONAL
 THERAPISTS, OCCUPATIONAL THERAPY ASSISTANTS, OCCUPATIONAL THERAPY AIDES,
 SPEECH-LANGUAGE PATHOLOGISTS, RESPIRATORY THERAPISTS, EXERCISE PHYSIOLO-
 GISTS,   RECREATIONAL  THERAPISTS,  ALL  OTHER  THERAPISTS,  ORTHOTISTS,
 PROSTHETISTS, CLINICAL LABORATORY TECHNOLOGISTS AND  TECHNICIANS,  DIAG-
 NOSTIC  MEDICAL SONOGRAPHERS, NUCLEAR MEDICINE TECHNOLOGISTS, RADIOLOGIC
 TECHNOLOGISTS,  MAGNETIC  RESONANCE  IMAGING  TECHNOLOGISTS,  OPHTHALMIC
 S. 8006--C                         253                        A. 9006--C
 
 MEDICAL TECHNICIANS, RADIATION THERAPISTS, DIETETIC TECHNICIANS, CARDIO-
 VASCULAR  TECHNOLOGISTS  AND  TECHNICIANS,  CERTIFIED  FIRST RESPONDERS,
 EMERGENCY MEDICAL TECHNICIANS, ADVANCED EMERGENCY  MEDICAL  TECHNICIANS,
 PARAMEDICS,  SURGICAL  TECHNOLOGISTS, ALL OTHER HEALTH TECHNOLOGISTS AND
 TECHNICIANS, ORDERLIES, MEDICAL  ASSISTANTS,  PHLEBOTOMISTS,  ALL  OTHER
 HEALTH  CARE  SUPPORT WORKERS, NURSE ANESTHETISTS, NURSE MIDWIVES, NURSE
 PRACTITIONERS, REGISTERED NURSES, NURSING ASSISTANTS, AND LICENSED PRAC-
 TICAL AND LICENSED VOCATIONAL NURSES;
   (II) TO THE EXTENT NOT ALREADY INCLUDED IN SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH,  STAFF WHO PERFORM FUNCTIONS AS DESCRIBED IN THE CONSOLIDATED
 FISCAL REPORT (CFR) MANUAL WITH RESPECT TO THE FOLLOWING TITLE CODES:
   MENTAL HYGIENE WORKER;
   RESIDENCE/SITE WORKER;
   COUNSELOR (OMH);
   MANAGER (OMH);
   SENIOR COUNSELOR (OMH);
   SUPERVISOR (OMH);
   DEVELOPMENTAL DISABILITIES SPECIALIST QIDP - DIRECT CARE (OPWDD);
   CERTIFIED RECOVERY PEER ADVOCATE;
   PEER PROFESSIONAL - NON-CRPA (OASAS ONLY);
   JOB COACH/EMPLOYMENT SPECIALIST (OMH AND OPWDD);
   PEER SPECIALIST (OMH);
   COUNSELOR - ALCOHOLISM AND SUBSTANCE ABUSE (CASAC);
   COUNSELING AIDE/ASSISTANT - ALCOHOLISM AND SUBSTANCE ABUSE;
   OTHER DIRECT CARE STAFF;
   CASE MANAGER;
   COUNSELOR - REHABILITATION;
   DEVELOPMENTAL DISABILITIES SPECIALIST/HABILITATION SPECIALIST  QIDP  -
 CLINICAL (OPWDD);
   EMERGENCY MEDICAL TECHNICIAN;
   INTENSIVE CASE MANAGER (OMH);
   INTENSIVE CASE MANAGER/COORDINATOR (OMH);
   NURSE - LICENSED PRACTICAL;
   NURSE - REGISTERED;
   PSYCHOLOGIST (LICENSED);
   PSYCHOLOGIST (MASTER'S LEVEL)/BEHAVIORAL SPECIALIST;
   PSYCHOLOGY WORKER/OTHER BEHAVIORAL WORKER;
   SOCIAL WORKER - LICENSED (LMSW, LCSW);
   SOCIAL WORKER - MASTER'S LEVEL (MSW);
   LICENSED MENTAL HEALTH COUNSELOR (OASAS, OMH, OCFS);
   LICENSED PSYCHOANALYST (OMH);
   THERAPIST - RECREATION;
   THERAPIST - ACTIVITY/CREATIVE ARTS;
   THERAPIST - OCCUPATIONAL;
   DIETICIAN/NUTRITIONIST;
   THERAPY ASSISTANT/ACTIVITY ASSISTANT;
   NURSE'S AIDE/MEDICAL AIDE;
   BEHAVIOR INTERVENTION SPECIALIST 1 (OPWDD);
   BEHAVIOR INTERVENTION SPECIALIST 2 (OPWDD);
   CLINICAL COORDINATOR;
   INTAKE/SCREENING;
   PHARMACIST;
   MARRIAGE AND FAMILY COUNSELOR/THERAPIST;
   RESIDENTIAL TREATMENT FACILITY (RTF) TRANSITION COORDINATOR (OMH);
   CRISIS PREVENTION SPECIALIST (OMH);
   EARLY RECOGNITION SPECIALIST (OMH);
 S. 8006--C                         254                        A. 9006--C
 
   OTHER CLINICAL STAFF/ASSISTANTS;
   NURSE PRACTITIONER/NURSING SUPERVISOR;
   THERAPIST - PHYSICAL;
   THERAPIST - SPEECH;
   PROGRAM OR SITE DIRECTOR; AND
   ASSISTANT PROGRAM OR ASSISTANT SITE DIRECTOR; AND
   (III) SUCH TITLES AS DETERMINED BY THE COMMISSIONER, OR RELEVANT AGEN-
 CY COMMISSIONER AS APPLICABLE, AND APPROVED BY THE DIRECTOR OF THE BUDG-
 ET.
   (B)  "EMPLOYER"  MEANS  A  PROVIDER ENROLLED IN THE MEDICAL ASSISTANCE
 PROGRAM UNDER THIS TITLE THAT EMPLOYS AT LEAST  ONE  EMPLOYEE  AND  THAT
 BILLS  FOR  SERVICES  UNDER THE STATE PLAN OR A HOME AND COMMUNITY BASED
 SERVICES WAIVER AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION  NINE-
 TEEN  HUNDRED  FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, OR THAT HAS A
 PROVIDER AGREEMENT TO BILL FOR SERVICES PROVIDED OR ARRANGED  THROUGH  A
 MANAGED  CARE  PROVIDER UNDER SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS
 TITLE OR A MANAGED LONG TERM CARE PLAN UNDER SECTION FORTY-FOUR  HUNDRED
 THREE-F OF THE PUBLIC HEALTH LAW, TO INCLUDE:
   (I)  PROVIDERS AND FACILITIES LICENSED, CERTIFIED OR OTHERWISE AUTHOR-
 IZED UNDER ARTICLES TWENTY-EIGHT, THIRTY, THIRTY-SIX  OR  FORTY  OF  THE
 PUBLIC  HEALTH  LAW, ARTICLES SIXTEEN, THIRTY-ONE, THIRTY-TWO OR THIRTY-
 SIX OF THE MENTAL HYGIENE LAW, ARTICLE SEVEN  OF  THIS  CHAPTER,  FISCAL
 INTERMEDIARIES  UNDER  SECTION THREE HUNDRED SIXTY-FIVE-F OF THIS TITLE,
 PHARMACIES REGISTERED UNDER SECTION SIX THOUSAND EIGHT HUNDRED EIGHT  OF
 THE EDUCATION LAW, OR SCHOOL BASED HEALTH CENTERS;
   (II)  PROGRAMS  THAT PARTICIPATE IN THE MEDICAL ASSISTANCE PROGRAM AND
 ARE FUNDED BY THE OFFICE OF  MENTAL  HEALTH,  THE  OFFICE  OF  ADDICTION
 SERVICES AND SUPPORTS, OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES; AND
   (III) OTHER PROVIDER TYPES DETERMINED BY THE COMMISSIONER AND APPROVED
 BY THE DIRECTOR OF THE BUDGET;
   (IV)  PROVIDED,  HOWEVER,  THAT  UNLESS  THE  PROVIDER IS SUBJECT TO A
 CERTIFICATE OF NEED  PROCESS  AS  A  CONDITION  OF  STATE  LICENSURE  OR
 APPROVAL,  SUCH  PROVIDER  SHALL  NOT  BE AN EMPLOYER UNDER THIS SECTION
 UNLESS AT LEAST TWENTY PERCENT OF THE  PROVIDER'S  PATIENTS  OR  PERSONS
 SERVED  ARE  ELIGIBLE FOR SERVICES UNDER THIS TITLE AND TITLE XIX OF THE
 FEDERAL SOCIAL SECURITY ACT.
   (C) NOTWITHSTANDING THE DEFINITION OF EMPLOYER  IN  PARAGRAPH  (B)  OF
 THIS  SUBDIVISION,  AND  WITHOUT  REGARD  TO THE AVAILABILITY OF FEDERAL
 FINANCIAL PARTICIPATION, "EMPLOYER" SHALL ALSO INCLUDE AN INSTITUTION OF
 HIGHER EDUCATION, A PUBLIC OR NONPUBLIC SCHOOL,  A  CHARTER  SCHOOL,  AN
 APPROVED  PRESCHOOL  PROGRAM  FOR  STUDENTS  WITH DISABILITIES, A SCHOOL
 DISTRICT OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, PROGRAMS  FUNDED
 BY  THE  OFFICE  OF  MENTAL  HEALTH,  PROGRAMS  FUNDED  BY THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS,  PROGRAMS  FUNDED  BY  THE  OFFICE  FOR
 PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES, PROGRAMS FUNDED BY THE OFFICE
 FOR THE AGING, A HEALTH DISTRICT AS DEFINED IN SECTION TWO OF THE PUBLIC
 HEALTH LAW, OR A MUNICIPAL CORPORATION, WHERE  SUCH  PROGRAM  OR  ENTITY
 EMPLOYS  AT  LEAST  ONE  EMPLOYEE.  SUCH  EMPLOYERS SHALL BE REQUIRED TO
 ENROLL IN THE SYSTEM DESIGNATED BY THE COMMISSIONER, OR RELEVANT  AGENCY
 COMMISSIONERS,  IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET, FOR THE
 PURPOSE OF CLAIMING BONUS PAYMENTS UNDER THIS SECTION.  SUCH  SYSTEM  OR
 PROCESS FOR CLAIMING BONUS PAYMENTS MAY BE DIFFERENT FROM THE SYSTEM AND
 PROCESS USED UNDER SUBDIVISION THREE OF THIS SECTION.
   (D)  "VESTING PERIOD" SHALL MEAN A SERIES OF SIX-MONTH PERIODS BETWEEN
 THE DATES OF OCTOBER FIRST, TWO THOUSAND TWENTY-ONE  AND  MARCH  THIRTY-
 S. 8006--C                         255                        A. 9006--C
 
 FIRST, TWO THOUSAND TWENTY-FOUR FOR WHICH EMPLOYEES THAT ARE CONTINUOUS-
 LY  EMPLOYED BY AN EMPLOYER DURING SUCH SIX-MONTH PERIODS, IN ACCORDANCE
 WITH A SCHEDULE ISSUED BY THE COMMISSIONER OR  RELEVANT  AGENCY  COMMIS-
 SIONER AS APPLICABLE, MAY BECOME ELIGIBLE FOR A BONUS PURSUANT TO SUBDI-
 VISION FOUR OF THIS SECTION.
   (E)  "BASE  SALARY"  SHALL MEAN, FOR THE PURPOSES OF THIS SECTION, THE
 EMPLOYEE'S GROSS WAGES WITH THE  EMPLOYER  DURING  THE  VESTING  PERIOD,
 EXCLUDING ANY BONUSES OR OVERTIME PAY.
   (F)  "MUNICIPAL  CORPORATION"  MEANS  A COUNTY OUTSIDE THE CITY OF NEW
 YORK, A CITY, INCLUDING THE CITY OF NEW YORK, A TOWN, A  VILLAGE,  OR  A
 SCHOOL DISTRICT.
   3.  TRACKING AND SUBMISSION OF CLAIMS FOR BONUSES. (A) THE COMMISSION-
 ER, IN CONSULTATION WITH THE COMMISSIONER  OF  LABOR  AND  THE  MEDICAID
 INSPECTOR GENERAL, AND SUBJECT TO ANY NECESSARY APPROVALS BY THE FEDERAL
 CENTERS FOR MEDICARE AND MEDICAID SERVICES, SHALL DEVELOP SUCH FORMS AND
 PROCEDURES  AS  MAY  BE NEEDED TO IDENTIFY THE NUMBER OF HOURS EMPLOYEES
 WORKED AND TO PROVIDE REIMBURSEMENT TO EMPLOYERS  FOR  THE  PURPOSES  OF
 FUNDING  EMPLOYEE  BONUSES  IN  ACCORDANCE  WITH HOURS WORKED DURING THE
 VESTING PERIOD.
   (B) USING THE FORMS AND PROCESSES DEVELOPED BY THE COMMISSIONER  UNDER
 THIS SUBDIVISION, EMPLOYERS SHALL, FOR A PERIOD OF TIME SPECIFIED BY THE
 COMMISSIONER:
   (I)  TRACK  THE NUMBER OF HOURS THAT EMPLOYEES WORK DURING THE VESTING
 PERIOD AND, AS APPLICABLE, THE NUMBER OF PATIENTS SERVED BY THE EMPLOYER
 WHO ARE ELIGIBLE FOR SERVICES UNDER THIS TITLE; AND
   (II) SUBMIT CLAIMS FOR REIMBURSEMENT OF EMPLOYEE  BONUS  PAYMENTS.  IN
 FILLING  OUT  THE  INFORMATION REQUIRED TO SUBMIT SUCH CLAIMS, EMPLOYERS
 SHALL USE INFORMATION OBTAINED FROM TRACKING REQUIRED PURSUANT TO  PARA-
 GRAPH  (A) OF THIS SUBDIVISION AND PROVIDE SUCH OTHER INFORMATION AS MAY
 BE PRESCRIBED BY THE COMMISSIONER.  IN DETERMINING AN EMPLOYEE'S ANNUAL-
 IZED BASE SALARY, THE EMPLOYER SHALL USE INFORMATION  BASED  ON  PAYROLL
 RECORDS.
   (C) EMPLOYERS SHALL BE RESPONSIBLE FOR DETERMINING WHETHER AN EMPLOYEE
 IS  ELIGIBLE  UNDER  THIS  SECTION AND SHALL MAINTAIN AND MAKE AVAILABLE
 UPON REQUEST ALL RECORDS, DATA AND INFORMATION THE EMPLOYER RELIED  UPON
 IN MAKING THE DETERMINATION THAT AN EMPLOYEE WAS ELIGIBLE, IN ACCORDANCE
 WITH PARAGRAPH (D) OF THIS SUBDIVISION.
   (D)  EMPLOYERS SHALL MAINTAIN CONTEMPORANEOUS RECORDS FOR ALL TRACKING
 AND CLAIMS RELATED INFORMATION AND DOCUMENTS  REQUIRED  TO  SUBSTANTIATE
 CLAIMS  SUBMITTED  UNDER  THIS  SECTION FOR A PERIOD OF NO LESS THAN SIX
 YEARS. EMPLOYERS  SHALL  FURNISH  SUCH  RECORDS  AND  INFORMATION,  UPON
 REQUEST,  TO  THE  COMMISSIONER,  THE  MEDICAID  INSPECTOR  GENERAL, THE
 COMMISSIONER OF LABOR, THE SECRETARY OF THE UNITED STATES DEPARTMENT  OF
 HEALTH  AND HUMAN SERVICES, AND THE DEPUTY ATTORNEY GENERAL FOR MEDICAID
 FRAUD CONTROL.
   4. PAYMENT OF WORKER BONUSES. (A) UPON ISSUANCE OF A VESTING  SCHEDULE
 BY  THE  COMMISSIONER,  OR  RELEVANT  AGENCY COMMISSIONER AS APPLICABLE,
 EMPLOYERS SHALL BE REQUIRED TO PAY BONUSES TO EMPLOYEES PURSUANT TO SUCH
 SCHEDULE BASED ON THE NUMBER OF HOURS WORKED DURING THE VESTING  PERIOD.
 THE  SCHEDULE SHALL PROVIDE FOR TOTAL PAYMENTS NOT TO EXCEED THREE THOU-
 SAND DOLLARS PER EMPLOYEE IN ACCORDANCE WITH THE FOLLOWING:
   (I) EMPLOYEES WHO HAVE WORKED AN AVERAGE OF AT LEAST TWENTY  BUT  LESS
 THAN  THIRTY  HOURS  PER  WEEK OVER THE COURSE OF A VESTING PERIOD WOULD
 RECEIVE A FIVE HUNDRED DOLLAR BONUS FOR THE VESTING PERIOD;
 S. 8006--C                         256                        A. 9006--C
 
   (II) EMPLOYEES WHO HAVE WORKED AN AVERAGE OF AT LEAST THIRTY BUT  LESS
 THAN  THIRTY-FIVE  HOURS  PER  WEEK  OVER THE COURSE OF A VESTING PERIOD
 WOULD RECEIVE A ONE THOUSAND DOLLAR BONUS FOR SUCH VESTING PERIOD;
   (III)  EMPLOYEES  WHO  HAVE  WORKED AN AVERAGE OF AT LEAST THIRTY-FIVE
 HOURS PER WEEK OVER THE COURSE OF A VESTING PERIOD WOULD RECEIVE  A  ONE
 THOUSAND FIVE HUNDRED DOLLAR BONUS FOR SUCH VESTING PERIOD.
   (IV)  FULL-TIME EMPLOYEES WHO ARE EXEMPT FROM OVERTIME COMPENSATION AS
 ESTABLISHED IN THE LABOR COMMISSIONER'S MINIMUM WAGE ORDERS OR OTHERWISE
 PROVIDED BY NEW YORK STATE LAW OR REGULATION OVER THE COURSE OF A  VEST-
 ING  PERIOD  WOULD  RECEIVE A ONE THOUSAND FIVE HUNDRED DOLLAR BONUS FOR
 SUCH VESTING PERIOD.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE COMMISSION-
 ER MAY THROUGH REGULATION SPECIFY AN ALTERNATIVE NUMBER OF VESTING PERI-
 ODS, PROVIDED THAT TOTAL PAYMENTS DO NOT EXCEED THREE  THOUSAND  DOLLARS
 PER EMPLOYEE.
   (C) EMPLOYEES SHALL BE ELIGIBLE FOR BONUSES FOR NO MORE THAN TWO VEST-
 ING  PERIODS  PER  EMPLOYER,  IN AN AMOUNT EQUAL TO BUT NOT GREATER THAN
 THREE THOUSAND DOLLARS PER EMPLOYEE ACROSS ALL EMPLOYERS.
   (D) UPON COMPLETION OF A VESTING PERIOD WITH AN EMPLOYER, AN  EMPLOYEE
 SHALL  BE  ENTITLED  TO  RECEIVE  THE  BONUS  AND  THE EMPLOYER SHALL BE
 REQUIRED TO PAY THE BONUS NO LATER THAN THE DATE  SPECIFIED  UNDER  THIS
 SUBDIVISION,  PROVIDED HOWEVER THAT PRIOR TO SUCH DATE THE EMPLOYEE DOES
 NOT TERMINATE, THROUGH ACTION OR INACTION, THE  EMPLOYMENT  RELATIONSHIP
 WITH  THE EMPLOYER, IN ACCORDANCE WITH ANY EMPLOYMENT AGREEMENT, INCLUD-
 ING A COLLECTIVELY BARGAINED AGREEMENT, IF ANY, BETWEEN THE EMPLOYEE AND
 EMPLOYER.
   (E) ANY BONUS DUE AND PAYABLE TO AN EMPLOYEE UNDER THIS SECTION  SHALL
 BE  MADE  BY  THE  EMPLOYER NO LATER THAN THIRTY DAYS AFTER THE BONUS IS
 PAID TO THE EMPLOYER.
   (F) AN EMPLOYER SHALL BE REQUIRED TO SUBMIT A CLAIM FOR A BONUS TO THE
 DEPARTMENT NO LATER THAN THIRTY DAYS AFTER AN EMPLOYEE'S ELIGIBILITY FOR
 A BONUS VESTS, IN ACCORDANCE WITH AND  UPON  ISSUANCE  OF  THE  SCHEDULE
 ISSUED BY THE COMMISSIONER OR RELEVANT AGENCY COMMISSIONER.
   (G)  NO PORTION OF ANY DOLLARS RECEIVED FROM CLAIMS UNDER SUBPARAGRAPH
 (II) OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION FOR  EMPLOYEE
 BONUSES  SHALL BE RETURNED TO ANY PERSON OTHER THAN THE EMPLOYEE TO WHOM
 THE BONUS IS DUE OR USED TO REDUCE THE TOTAL COMPENSATION AN EMPLOYER IS
 OBLIGATED TO PAY TO AN EMPLOYEE UNDER SECTION THIRTY-SIX  HUNDRED  FOUR-
 TEEN-C  OF  THE  PUBLIC HEALTH LAW, SECTION SIX HUNDRED FIFTY-TWO OF THE
 LABOR LAW, OR ANY OTHER PROVISIONS OF LAW OR REGULATIONS, OR PURSUANT TO
 ANY COLLECTIVELY BARGAINED AGREEMENT.
   (H) NO PORTION OF ANY BONUS AVAILABLE  PURSUANT  TO  THIS  SUBDIVISION
 SHALL  BE  PAYABLE  TO A PERSON WHO HAS BEEN SUSPENDED OR EXCLUDED UNDER
 THE MEDICAL ASSISTANCE PROGRAM DURING THE VESTING PERIOD AND AT THE TIME
 AN EMPLOYER SUBMITS A CLAIM UNDER THIS SECTION.
   (I)  THE USE OF ANY ACCRUALS OR OTHER LEAVE, INCLUDING BUT NOT LIMITED
 TO SICK, VACATION, OR TIME USED UNDER  THE  FAMILY  MEDICAL  LEAVE  ACT,
 SHALL BE CREDITED TOWARDS AND INCLUDED IN THE CALCULATION OF THE AVERAGE
 NUMBER OF HOURS WORKED PER WEEK OVER THE COURSE OF THE VESTING PERIOD.
   5.  AUDITS,  INVESTIGATIONS  AND  REVIEWS.  (A) THE MEDICAID INSPECTOR
 GENERAL SHALL, IN COORDINATION WITH THE  COMMISSIONER,  CONDUCT  AUDITS,
 INVESTIGATIONS  AND REVIEWS OF EMPLOYERS REQUIRED TO SUBMIT CLAIMS UNDER
 THIS SECTION. SUCH CLAIMS,  INAPPROPRIATELY  PAID,  UNDER  THIS  SECTION
 SHALL  CONSTITUTE  OVERPAYMENTS  AS THAT TERM IS DEFINED UNDER THE REGU-
 LATIONS GOVERNING THE MEDICAL ASSISTANCE PROGRAM. THE MEDICAID INSPECTOR
 GENERAL MAY RECOVER SUCH OVERPAYMENTS TO EMPLOYERS AS IT WOULD AN  OVER-
 S. 8006--C                         257                        A. 9006--C
 
 PAYMENT UNDER THE MEDICAL ASSISTANCE PROGRAM, IMPOSE SANCTIONS UP TO AND
 INCLUDING  EXCLUSION  FROM THE MEDICAL ASSISTANCE PROGRAM, IMPOSE PENAL-
 TIES, AND TAKE ANY OTHER ACTION AUTHORIZED BY LAW WHERE:
   (I)  AN  EMPLOYER  CLAIMS  A  BONUS  NOT DUE TO AN EMPLOYEE OR A BONUS
 AMOUNT IN EXCESS OF THE CORRECT BONUS AMOUNT DUE TO AN EMPLOYEE;
   (II) AN EMPLOYER CLAIMS, RECEIVES AND FAILS TO PAY  ANY  PART  OF  THE
 BONUS DUE TO A DESIGNATED EMPLOYEE;
   (III) AN EMPLOYER FAILS TO CLAIM A BONUS DUE TO AN EMPLOYEE.
   (B)  ANY  EMPLOYER IDENTIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION WHO
 FAILS TO IDENTIFY, CLAIM AND PAY ANY BONUS FOR MORE THAN TEN PERCENT  OF
 ITS EMPLOYEES ELIGIBLE FOR THE BONUS SHALL ALSO BE SUBJECT TO ADDITIONAL
 PENALTIES  UNDER SUBDIVISION FOUR OF SECTION ONE HUNDRED FORTY-FIVE-B OF
 THIS ARTICLE.
   (C) ANY EMPLOYER WHO FAILS TO PAY ANY PART OF THE BONUS PAYMENT  TO  A
 DESIGNATED  EMPLOYEE  SHALL  REMAIN  LIABLE  TO  PAY  SUCH BONUS TO THAT
 EMPLOYEE, REGARDLESS OF ANY RECOVERY, SANCTION OR PENALTY  THE  MEDICAID
 INSPECTOR GENERAL MAY IMPOSE.
   (D) IN ALL INSTANCES RECOVERY OF INAPPROPRIATE BONUS PAYMENTS SHALL BE
 RECOVERED  FROM  THE  EMPLOYER. THE EMPLOYER SHALL NOT HAVE THE RIGHT TO
 RECOVER ANY INAPPROPRIATELY PAID BONUS FROM THE EMPLOYEE.
   (E) WHERE THE MEDICAID INSPECTOR GENERAL  SANCTIONS  AN  EMPLOYER  FOR
 VIOLATIONS  UNDER THIS SECTION, THEY MAY ALSO SANCTION ANY AFFILIATES AS
 DEFINED UNDER THE REGULATIONS GOVERNING THE MEDICAL ASSISTANCE PROGRAM.
   6. RULES AND REGULATIONS. THE COMMISSIONER, IN CONSULTATION  WITH  THE
 MEDICAID  INSPECTOR  GENERAL  AS  IT RELATES TO SUBDIVISION FIVE OF THIS
 SECTION, MAY PROMULGATE RULES, TO IMPLEMENT  THIS  SECTION  PURSUANT  TO
 EMERGENCY  REGULATION;  PROVIDED, HOWEVER, THAT THIS PROVISION SHALL NOT
 BE CONSTRUED AS REQUIRING  THE  COMMISSIONER  TO  ISSUE  REGULATIONS  TO
 IMPLEMENT THIS SECTION.
   §  2.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 4 of
 section 145-b of the social services law, as amended  by  section  1  of
 part  QQ  of  chapter  56  of  the  laws of 2020, are amended to read as
 follows:
   (iv) such person arranges or contracts, by employment,  agreement,  or
 otherwise,  with an individual or entity that the person knows or should
 know is suspended or excluded from the medical assistance program at the
 time such arrangement or contract regarding activities  related  to  the
 medical assistance program is made[.];
   (v)  SUCH PERSON HAD AN OBLIGATION TO IDENTIFY, CLAIM, AND PAY A BONUS
 UNDER SUBDIVISION THREE OF SECTION THREE HUNDRED SIXTY-SEVEN-W  OF  THIS
 ARTICLE AND SUCH PERSON FAILED TO IDENTIFY, CLAIM AND PAY SUCH BONUS.
   (VI)  For purposes of this paragraph, "person" as used in subparagraph
 (i) OF THIS PARAGRAPH does not include recipients of the medical assist-
 ance program; and "person" as used in subparagraphs (ii) [--], (III) AND
 (iv) OF THIS PARAGRAPH, is as defined in paragraph  (e)  of  subdivision
 [(6)] SIX of section three hundred sixty-three-d of this [chapter] ARTI-
 CLE; AND "PERSON" AS USED IN SUBPARAGRAPH (V) OF THIS PARAGRAPH INCLUDES
 EMPLOYERS  AS  DEFINED  IN  SECTION  THREE HUNDRED SIXTY-SEVEN-W OF THIS
 ARTICLE.
   § 3. Paragraph (c) of subdivision 4 of section  145-b  of  the  social
 services  law  is  amended by adding a new subparagraph (iii) to read as
 follows:
   (III) FOR SUBPARAGRAPH (V) OF PARAGRAPH (A)  OF  THIS  SUBDIVISION,  A
 MONETARY PENALTY SHALL BE IMPOSED FOR CONDUCT DESCRIBED IN SUBPARAGRAPHS
 (I),  (II)  AND  (III)  OF  PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION
 THREE HUNDRED SIXTY-SEVEN-W OF THIS ARTICLE AND  SHALL  NOT  EXCEED  ONE
 S. 8006--C                         258                        A. 9006--C
 
 THOUSAND DOLLARS PER FAILURE TO IDENTIFY, CLAIM AND PAY A BONUS FOR EACH
 EMPLOYEE.
   §  4.  Health care and mental hygiene worker bonuses for state employ-
 ees. 1. An employee who is employed by a  state  operated  facility,  an
 institutional or direct-care setting operated by the executive branch of
 the State of New York or a public hospital operated by the state univer-
 sity of New York and who is deemed substantially equivalent to the defi-
 nition of employee pursuant to paragraph (a) of subdivision 2 of section
 367-w  of  the  social services law as determined by the commissioner of
 health, in consultation with the chancellor of the state  university  of
 New  York,  the  commissioner  of  the  department of civil service, the
 director of the office of employee relations, and the  commissioners  of
 other state agencies, as applicable, and approved by the director of the
 budget,  shall be eligible for the health care and mental hygiene worker
 bonus.  Notwithstanding the definition of base salary pursuant to  para-
 graph  (e)  of  subdivision 2 of section 367-w, such bonus shall only be
 paid to employees that receive an annualized base salary of one  hundred
 twenty-five thousand dollars or less.
   2.  Employees  shall  be  eligible  for health care and mental hygiene
 worker bonuses in an amount up  to  but  not  exceeding  three  thousand
 dollars  per employee. The payment of bonuses shall be paid based on the
 total number of hours worked during two vesting  periods  based  on  the
 employee's  start  date  with  the employer. No employee's first vesting
 period may begin later than March  thirty-first,  two  thousand  twenty-
 three,  and  in  total  both  vesting periods may not exceed one year in
 duration. For each vesting period, payments shall be in accordance  with
 the following:
   (a)  employees  who have worked an average of at least twenty but less
 than thirty hours per week over the course of  a  vesting  period  shall
 receive a five hundred dollar bonus for the vesting period;
   (b)  employees  who have worked an average of at least thirty but less
 than thirty-seven and one half hours per week over the course of a vest-
 ing period shall receive a one thousand dollar bonus  for  such  vesting
 period; and
   (c)  employees who have worked an average of at least thirty-seven and
 one half hours per week over  the  course  of  a  vesting  period  shall
 receive  a one thousand five hundred dollar bonus for such vesting peri-
 od.
   § 5. An employee under this act shall be limited to a bonus  of  three
 thousand  dollars  per  employee  without  regard  to  which  section or
 sections such employee may be eligible or whether the employee is eligi-
 ble to receive a bonus from more than one employer.
   § 6. Notwithstanding any provision of law to the contrary,  any  bonus
 payment  paid  pursuant  to  this act, to the extent includible in gross
 income for federal income tax purposes, shall not be subject to state or
 local income tax.
   § 7. Bonuses under  this  act  shall  not  be  considered  income  for
 purposes of public benefits or other public assistance.
   §  8.  Paragraph  (a)  of subdivision 8 of section 131-a of the social
 services law is amended by adding a new  subparagraph  (x)  to  read  as
 follows:
   (X)  ALL  OF  THE  INCOME  OF A HEAD OF HOUSEHOLD OR ANY PERSON IN THE
 HOUSEHOLD, WHO IS RECEIVING SUCH AID OR FOR WHOM AN APPLICATION FOR SUCH
 AID HAS BEEN MADE, WHICH IS DERIVED FROM  THE  HEALTH  CARE  AND  MENTAL
 HYGIENE WORKER BONUSES UNDER SECTION THREE HUNDRED SIXTY-SEVEN-W OF THIS
 S. 8006--C                         259                        A. 9006--C
 
 ARTICLE  OR  UNDER  THE  CHAPTER  OF THE LAWS OF TWO THOUSAND TWENTY-TWO
 WHICH ADDED THIS SUBPARAGRAPH.
   §  9.  The  department of health shall request any necessary waiver or
 waivers from the centers for medicare and medicaid  services  to  ensure
 that  the  payments  required  by  this act shall not be included in the
 calculation of federal disproportionate share payments as determined  by
 42  CFR  §  412.106, or in the calculation of the upper payment limit as
 determined by 42 CFR § 447.272 and 42 CFR § 447.321, for any  applicable
 employer  types  that  receive  disproportionate  share  payments, upper
 payment limit supplemental payments, or  similar  supplemental  payments
 where  the  centers  for  medicare and medicaid services has a waiver or
 similar process for the exclusion of the payments required by  this  act
 from such calculations.
   § 10. This act shall take effect immediately.
 
                                 PART AAA
 
   Section 1. Subparagraph 4 of paragraph (b) of subdivision 1 of section
 366 of the social services law, as added by section 1 of part D of chap-
 ter 56 of the laws of 2013, is amended to read as follows:
   (4)  An  individual who is a pregnant woman or is a member of a family
 that contains a dependent child living with a parent or other  caretaker
 relative  is  eligible  for standard coverage if [his or her] THEIR MAGI
 household income does not exceed [the MAGI-equivalent  of]  one  hundred
 [thirty]  THIRTY-THREE  percent  of  the [highest amount that ordinarily
 would have been paid to a person without any income or  resources  under
 the  family  assistance program as it existed on the first day of Novem-
 ber, nineteen hundred ninety-seven] FEDERAL POVERTY LINE FOR THE  APPLI-
 CABLE FAMILY SIZE, which shall be calculated in accordance with guidance
 issued by the
   Secretary  of  the  United  States  department  of  health  and  human
 services; for purposes of this subparagraph, the  term  dependent  child
 means  a person who is under eighteen years of age, or is eighteen years
 of age and a full-time student, who is deprived of parental  support  or
 care  by  reason  of the death, continued absence, or physical or mental
 incapacity of a parent, or by reason of the unemployment of the  parent,
 as defined by the department of health.
   §  2.  Paragraph  (g)  of  subdivision  1 of section 366 of the social
 services law is amended by adding  a  new  subparagraph  4  to  read  as
 follows:
   (4) (A) APPLICANTS AND RECIPIENTS WHO ARE AGE SIXTY-FIVE OR OLDER, WHO
 ARE  OTHERWISE  ELIGIBLE  FOR MEDICAL ASSISTANCE UNDER THIS SECTION, BUT
 FOR THEIR  IMMIGRATION  STATUS,  ARE  ELIGIBLE  FOR  MEDICAL  ASSISTANCE
 ACCORDING TO THE FOLLOWING:
   (B)  INDIVIDUALS  ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO SUBPARA-
 GRAPH (A) OF THIS PARAGRAPH SHALL PARTICIPATE  IN  AND  RECEIVE  COVERED
 BENEFITS  AVAILABLE  THROUGH A MANAGED CARE PROVIDER UNDER SECTION THREE
 HUNDRED SIXTY-FOUR-J OF THIS  ARTICLE  THAT  IS  CERTIFIED  PURSUANT  TO
 SECTION  FORTY-FOUR  HUNDRED  THREE  OF THE PUBLIC HEALTH LAW; PROVIDED,
 HOWEVER, TO THE EXTENT THAT ANY COVERED BENEFITS AVAILABLE THROUGH  SUCH
 MANAGED  CARE  PROVIDERS  AS OF JANUARY FIRST, TWO THOUSAND TWENTY-THREE
 ARE TRANSITIONED TO  FEE-FOR-SERVICE  COVERAGE,  THEN  SUCH  INDIVIDUALS
 SHALL  CONTINUE  TO BE ENTITLED TO THESE BENEFITS IN THE FEE-FOR-SERVICE
 PROGRAM, RATHER THAN THROUGH A MANAGED CARE PROVIDER.
   § 3. Paragraph (a) of subdivision 2  of  section  366  of  the  social
 services law, as separately amended by chapter 32 and 588 of the laws of
 S. 8006--C                         260                        A. 9006--C
 
 1968,  the  opening  paragraph  as  amended by chapter 41 of the laws of
 1992, subparagraph 1 as amended by section 27 of part C of  chapter  109
 of  the laws of 2006, subparagraphs 3 and 6 as amended by chapter 938 of
 the  laws  of 1990, subparagraph 4 as amended by section 43 and subpara-
 graph 7 as amended by section 47 of part C of chapter 58 of the laws  of
 2008,  subparagraph  5  as  amended  by chapter 576 of the laws of 2007,
 subparagraph 9 as amended by chapter 110 of the laws of  1971,  subpara-
 graph  10  as  added by chapter 705 of the laws of 1988, clauses (i) and
 (ii) of subparagraph 10 as amended by chapter 672 of the laws  of  2019,
 clause (iii) of subparagraph 10 as amended by chapter 170 of the laws of
 1994,  and  subparagraph 11 as added by chapter 576 of the laws of 2015,
 is amended to read as follows:
   (a) The following income and resources shall be exempt and  shall  not
 be  taken  into  consideration in determining a person's eligibility for
 medical care, services and supplies available under this title:
   (1) (i) for applications for medical assistance  filed  on  or  before
 December thirty-first, two thousand five, a homestead which is essential
 and appropriate to the needs of the household;
   (ii) for applications for medical assistance filed on or after January
 first,  two thousand six, a homestead which is essential and appropriate
 to the needs of the household; provided, however,  that  in  determining
 eligibility of an individual for medical assistance for nursing facility
 services  and other long term care services, the individual shall not be
 eligible for such assistance if the individual's equity interest in  the
 homestead   exceeds  seven  hundred  fifty  thousand  dollars;  provided
 further, that the dollar  amount  specified  in  this  clause  shall  be
 increased,  beginning  with  the  year two thousand eleven, from year to
 year, in an amount to be determined by  the  secretary  of  the  federal
 department  of  health  and  human  services,  based  on  the percentage
 increase in the consumer price index for all urban consumers, rounded to
 the nearest one thousand dollars. If such secretary does  not  determine
 such  an  amount,  the  department  of health shall increase such dollar
 amount based on such increase in the consumer price  index.  Nothing  in
 this  clause shall be construed as preventing an individual from using a
 reverse mortgage or home equity loan to reduce  the  individual's  total
 equity interest in the homestead. The home equity limitation established
 by  this  clause shall be waived in the case of a demonstrated hardship,
 as determined pursuant to criteria established by  such  secretary.  The
 home  equity  limitation shall not apply if one or more of the following
 persons is lawfully residing in  the  individual's  homestead:  (A)  the
 spouse of the individual; or (B) the individual's child who is under the
 age  of  twenty-one, or is blind or permanently and totally disabled, as
 defined in section 1614 of the federal social security act.
   (2) essential personal property;
   (3) a burial fund, to the extent allowed as an exempt  resource  under
 the  cash  assistance  program  to  which  the applicant is most closely
 related;
   (4) savings in amounts equal to  one  hundred  fifty  percent  of  the
 income  amount  permitted  under  subparagraph  seven of this paragraph,
 provided, however, that the amounts for one and  two  person  households
 shall  not  be  less than the amounts permitted to be retained by house-
 holds of the same size in order to qualify for benefits under the feder-
 al supplemental security income program;
   (5) (i) such income as is disregarded or exempt under the cash assist-
 ance program to which the applicant is most closely related for purposes
 of this subparagraph, cash assistance program means either  the  aid  to
 S. 8006--C                         261                        A. 9006--C
 
 dependent  children  program as it existed on the sixteenth day of July,
 nineteen  hundred  ninety-six,  or  the  supplemental  security   income
 program; and
   (ii)  such  income  of  a  disabled person (as such term is defined in
 section 1614(a)(3) of the federal social security act (42 U.S.C. section
 1382c(a)(3)) or in accordance with any other rules or regulations estab-
 lished by the social security  administration),  that  is  deposited  in
 trusts  as  defined in clause (iii) of subparagraph two of paragraph (b)
 of this subdivision in the same calendar month within which said  income
 is received;
   (6) health insurance premiums;
   (7)  income  based  on  the  number  of  family members in the medical
 assistance household, as defined  in  regulations  by  the  commissioner
 consistent  with  federal  regulations  under  title  XIX of the federal
 social security act [and calculated as follows:
   (i) The amounts for one and two person households and  families  shall
 be  equal  to  twelve times the standard of monthly need for determining
 eligibility for and the amount of additional state  payments  for  aged,
 blind  and disabled persons pursuant to section two hundred nine of this
 article rounded up to the next highest one hundred dollars for  eligible
 individuals and couples living alone, respectively.
   (ii)  The  amounts for households of three or more shall be calculated
 by increasing the income standard for a household  of  two,  established
 pursuant to clause (i) of this subparagraph, by fifteen percent for each
 additional household member above two, such that the income standard for
 a  three-person  household  shall  be one hundred fifteen percent of the
 income standard for a two-person household, the income  standard  for  a
 four-person  household shall be one hundred thirty percent of the income
 standard for a two-person household, and so on.
   (iii)] THAT DOES NOT EXCEED ONE HUNDRED THIRTY-EIGHT  PERCENT  OF  THE
 FEDERAL  POVERTY  LINE  FOR  THE  APPLICABLE FAMILY SIZE, WHICH SHALL BE
 CALCULATED IN ACCORDANCE WITH  GUIDANCE  ISSUED  BY  THE  UNITED  STATES
 SECRETARY  FOR  HEALTH  AND  HUMAN  SERVICES  AND  WITH OTHER APPLICABLE
 PROVISIONS OF THIS SECTION;
   (8) No other income or resources, including federal old-age, survivors
 and disability insurance, state disability insurance  or  other  payroll
 deductions, whether mandatory or optional, shall be exempt and all other
 income  and  resources shall be taken into consideration and required to
 be applied toward the payment or partial payment of the cost of  medical
 care and services available under this title, to the extent permitted by
 federal law.
   (9)  Subject  to subparagraph eight, the department, upon the applica-
 tion of a local social services district, after passage of a  resolution
 by  the  local legislative body authorizing such application, may adjust
 the income exemption based upon the variations between cost  of  shelter
 in  urban  areas and rural areas in accordance with standards prescribed
 by the United States secretary of health, education and welfare.
   (10) (i) A person who is receiving or is eligible to  receive  federal
 supplemental  security  income payments and/or additional state payments
 is entitled to a personal needs allowance as follows:
   (A) for the personal expenses of a resident of  a  residential  health
 care  facility,  as  defined  by section twenty-eight hundred one of the
 public health law, the amount of fifty-five dollars per month;
   (B) for the personal expenses of a resident of  an  intermediate  care
 facility  operated  or  licensed  by the office for people with develop-
 mental disabilities or a patient of a hospital operated by the office of
 S. 8006--C                         262                        A. 9006--C
 
 mental health, as defined by subdivision ten  of  section  1.03  of  the
 mental hygiene law, the amount of thirty-five dollars per month.
   (ii)  A person who neither receives nor is eligible to receive federal
 supplemental security income payments and/or additional  state  payments
 is entitled to a personal needs allowance as follows:
   (A)  for  the  personal expenses of a resident of a residential health
 care facility, as defined by section twenty-eight  hundred  one  of  the
 public health law, the amount of fifty dollars per month;
   (B)  for  the  personal expenses of a resident of an intermediate care
 facility operated or licensed by the office  for  people  with  develop-
 mental disabilities or a patient of a hospital operated by the office of
 mental  health,  as  defined  by  subdivision ten of section 1.03 of the
 mental hygiene law, the amount of thirty-five dollars per month.
   (iii) Notwithstanding the provisions of clauses (i) and (ii)  of  this
 subparagraph, the personal needs allowance for a person who is a veteran
 having  neither a spouse nor a child, or a surviving spouse of a veteran
 having no child, who receives a reduced pension from the federal  veter-
 ans  administration,  and  who  is  a resident of a nursing facility, as
 defined in section 1919 of the federal social  security  act,  shall  be
 equal  to  such  reduced  monthly  pension  but  shall not exceed ninety
 dollars per month.
   (11) subject to the availability of federal  financial  participation,
 any  amount,  including earnings thereon, in a qualified NY ABLE account
 as established pursuant to article eighty-four  of  the  mental  hygiene
 law, any contributions to such NY ABLE account, and any distribution for
 qualified  disability expenses from such account; provided however, that
 such exemption shall be consistent with section  529A  of  the  Internal
 Revenue Code of 1986, as amended.
   §  4.  Subdivision  3  of section 367-a of the social services law, as
 amended by chapter 558 of the laws of 1989, paragraph (a) as amended  by
 chapter  81  of  the  laws  of  1995, subparagraph 1 of paragraph (b) as
 designated and subparagraph 2 as added by section 41 of part C of  chap-
 ter 58 of the laws of 2008, paragraph (c) as added by chapter 651 of the
 laws  of 1990, paragraph (d) as amended by section 27 of part B of chap-
 ter 109 of the laws of 2010, paragraph (e) as added  by  section  16  of
 part  D  of  chapter 56 of the laws of 2013, subparagraph 2 of paragraph
 (e) as amended by section 52 of part C of chapter  60  of  the  laws  of
 2014, is amended to read as follows:
   3. (a) AS USED IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (1) "QUALIFIED MEDICARE BENEFICIARY" MEANS A PERSON WHO IS ENTITLED TO
 HOSPITAL  INSURANCE  BENEFITS UNDER PART A OF TITLE XVIII OF THE FEDERAL
 SOCIAL SECURITY ACT, WHOSE INCOME DOES NOT EXCEED  ONE  HUNDRED  THIRTY-
 EIGHT  PERCENT  OF  THE  OFFICIAL FEDERAL POVERTY LINE APPLICABLE TO THE
 PERSON'S FAMILY SIZE AND WHOSE RESOURCES DO NOT EXCEED TWICE THE MAXIMUM
 AMOUNT OF RESOURCES A PERSON MAY HAVE IN ORDER TO QUALIFY  FOR  BENEFITS
 UNDER  THE  FEDERAL SUPPLEMENTAL SECURITY INCOME PROGRAM OF TITLE XVI OF
 THE FEDERAL SOCIAL SECURITY ACT, AS  DETERMINED  FOR  PURPOSES  OF  SUCH
 PROGRAM.  TO  THE  EXTENT THAT FEDERAL FINANCIAL PARTICIPATION IS AVAIL-
 ABLE, A PERSON WHOSE RESOURCES ARE IN EXCESS OF THE AMOUNT SPECIFIED  IN
 THIS  SUBPARAGRAPH BUT OTHERWISE MEETS THE REQUIREMENTS SHALL BE CONSID-
 ERED A "QUALIFIED MEDICARE BENEFICIARY".
   (2) "QUALIFIED INDIVIDUAL" MEANS A PERSON WHO IS ENTITLED TO  HOSPITAL
 INSURANCE  BENEFITS  UNDER  PART  A OF TITLE XVIII OF THE FEDERAL SOCIAL
 SECURITY ACT AND WHOSE INCOME IS GREATER THAN ONE  HUNDRED  THIRTY-EIGHT
 PERCENT,  BUT  LESS  THAN OR EQUAL TO ONE HUNDRED EIGHTY-SIX PERCENT, OF
 S. 8006--C                         263                        A. 9006--C
 
 THE FEDERAL POVERTY LINE, FOR THE APPLICABLE FAMILY SIZE, AND WHO IS NOT
 OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE UNDER THIS  ARTICLE;  REFERRED
 TO AS A QUALIFIED INDIVIDUAL.
   (3)  "QUALIFIED  DISABLED  AND WORKING INDIVIDUAL" MEANS AN INDIVIDUAL
 WHO IS NOT OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE AND:
   (I) WHO IS ENTITLED TO ENROLL FOR HOSPITAL  INSURANCE  BENEFITS  UNDER
 SECTION  1818A  OF  PART A OF TITLE XVIII OF THE FEDERAL SOCIAL SECURITY
 ACT;
   (II) WHOSE INCOME DOES NOT EXCEED TWO HUNDRED PERCENT OF THE  OFFICIAL
 FEDERAL POVERTY LINE APPLICABLE TO THE PERSON'S FAMILY SIZE; AND
   (III)  WHOSE  RESOURCES  DO  NOT  EXCEED  TWICE  THE MAXIMUM AMOUNT OF
 RESOURCES THAT AN INDIVIDUAL OR A COUPLE, IN THE CASE OF A MARRIED INDI-
 VIDUAL, MAY HAVE AND OBTAIN FEDERAL SUPPLEMENTAL SECURITY  INCOME  BENE-
 FITS  UNDER  TITLE XVI OF THE FEDERAL SOCIAL SECURITY ACT, AS DETERMINED
 FOR PURPOSES OF THAT PROGRAM.
   FOR PURPOSES OF THIS SUBPARAGRAPH, INCOME AND RESOURCES ARE DETERMINED
 BY THE SAME METHODOLOGY AS IS USED FOR DETERMINING ELIGIBILITY UNDER THE
 FEDERAL SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER  TITLE  XVI  OF  THE
 FEDERAL SOCIAL SECURITY ACT.
   (B)  Payment  of premiums for enrolling qualified disabled and working
 individuals and qualified medicare beneficiaries under Part A  of  title
 XVIII  of the federal social security act and for enrolling such benefi-
 ciaries and eligible recipients of public assistance  under  part  B  of
 title  XVIII of the federal social security act, together with the costs
 of the applicable co-insurance and deductible amounts on behalf of  such
 beneficiaries,  and  recipients,  and premiums under section 1839 of the
 federal social security act [for persons who would be qualified medicare
 beneficiaries except that their incomes exceed one  hundred  percent  of
 the  federal  income poverty line applicable to the person's family size
 but, in  calendar  years  nineteen  hundred  ninety-three  and  nineteen
 hundred ninety-four, is less than one hundred ten percent of such pover-
 ty line and, in calendar year beginning in nineteen hundred ninety-five,
 is  less  than one hundred twenty percent of such poverty line] shall be
 made and the cost thereof borne by the state or by the state and  social
 services  districts, respectively, in accordance with the regulations of
 the department, provided, however, that the share  of  the  cost  to  be
 borne  by  a  social services district, if any, shall in no event exceed
 the proportionate share borne by such district  with  respect  to  other
 expenditures  under this title.  Moreover, if the director of the budget
 approves, payment of premiums for enrolling persons who have been deter-
 mined to be eligible for medical assistance only may  be  made  and  the
 cost thereof borne or shared pursuant to this subdivision.
   [(b) (1) For purposes of this subdivision, "qualified medicare benefi-
 ciaries"  are those persons who are entitled to hospital insurance bene-
 fits under part A of title XVIII of the  federal  social  security  act,
 whose income does not exceed one hundred percent of the official federal
 poverty  line applicable to the person's family size and whose resources
 do not exceed twice the maximum amount of resources a person may have in
 order to qualify for benefits under the  federal  supplemental  security
 income  program  of  title  XVI  of  the federal social security act, as
 determined for purposes of such program.
   (2) Notwithstanding any provision of subparagraph one  of  this  para-
 graph  to  the  contrary,  to  the extent that federal financial partic-
 ipation is available, a person whose resources  are  in  excess  of  the
 amount  specified  but  otherwise meets the requirements of subparagraph
 one of this paragraph shall be considered a "qualified medicare  benefi-
 S. 8006--C                         264                        A. 9006--C
 ciary" for the purposes of this subdivision. The commissioner is author-
 ized  to  submit  amendments  to  the  state plan for medical assistance
 and/or submit one or more applications for waivers of the federal social
 security  act,  to  obtain  the federal approvals necessary to implement
 this subparagraph.
   (c) (1) For purposes of  this  subdivision,  "qualified  disabled  and
 working  individuals" are individuals who are not otherwise eligible for
 medical assistance and:
   (i) who are entitled to enroll for hospital insurance  benefits  under
 section  1818A  of  part A of title XVIII of the federal social security
 act;
   (ii) whose income does not exceed two hundred percent of the  official
 federal poverty line applicable to the person's family size; and
   (iii)  whose  resources  do  not  exceed  twice  the maximum amount of
 resources that an individual or a couple, in the case of a married indi-
 vidual, may have and obtain federal supplemental security  income  bene-
 fits  under  title XVI of the federal social security act, as determined
 for purposes of that program.
   (2) For purposes of this paragraph, income and  resources  are  deter-
 mined  by  the  same  methodology as is used for determining eligibility
 under the federal supplemental security income benefits under title  XVI
 of the federal social security act.
   (d)] (C) (1) Beginning April first, two thousand two and to the extent
 that  federal  financial  participation  is  available  at a one hundred
 percent federal Medical assistance percentage and  subject  to  sections
 1933  and 1902(a)(10)(E)(iv) of the federal social security act, medical
 assistance shall be available for full payment of medicare part B premi-
 ums for QUALIFIED individuals [(referred to as qualified individuals  1)
 who  are  entitled  to hospital insurance benefits under part A of title
 XVIII of the federal social security act and whose  income  exceeds  the
 income level established by the state and is at least one hundred twenty
 percent,  but  less than one hundred thirty-five percent, of the federal
 poverty level, for a family of the size involved and who are not  other-
 wise eligible for medical assistance under the state plan;].
   (2) Premium payments for the individuals described in subparagraph one
 of this paragraph will be one hundred percent federally funded up to the
 amount  of  the  federal  allotment.  The  department  shall discontinue
 enrollment into the program when the part B premium payments made pursu-
 ant to subparagraph one of this paragraph meet the yearly federal allot-
 ment.
   (3) The commissioner of health shall develop a simplified  application
 form,  consistent  with  federal  law,  for  payments  pursuant  to this
 section. The commissioner of health, in cooperation with the office  for
 the aging, shall publicize the availability of such payments to medicare
 beneficiaries.
   [(e)]  (D) (1) Payment of premiums for enrolling individuals in quali-
 fied health plans offered through a  health  insurance  exchange  estab-
 lished  pursuant  to  the federal Patient Protection and Affordable Care
 Act (P.L.  111-148), as amended by the federal Health Care and Education
 Reconciliation Act of 2010 (P.L. 111-152), shall be available  to  indi-
 viduals who:
   (i)  immediately prior to being enrolled in the qualified health plan,
 were or would have been eligible under the family health plus program as
 a parent or stepparent of a child under the age of twenty-one, and whose
 MAGI household income, as defined in subparagraph eight of paragraph (a)
 of subdivision one of section three hundred  sixty-six  of  this  title,
 S. 8006--C                         265                        A. 9006--C
 
 exceeds one hundred thirty-three percent of the federal poverty line for
 the applicable family size;
   (ii)  are  not  otherwise  eligible  for medical assistance under this
 title; and
   (iii) are enrolled in a standard health plan in the silver  level,  as
 defined in 42 U.S.C. 18022.
   (2)  Payment  pursuant  to  this  paragraph shall be for premium obli-
 gations of the individual under the  qualified  health  plan  and  shall
 continue  only  if  and  for  so long as the individual's MAGI household
 income exceeds one hundred thirty-three percent, but does not exceed one
 hundred fifty percent, of the federal poverty line  for  the  applicable
 family  size,  or,  if  earlier,  until  the  individual is eligible for
 enrollment in a standard health plan pursuant to section  three  hundred
 sixty-nine-gg of this article.
   (3)  The  commissioner  of health shall submit amendments to the state
 plan for medical assistance and/or submit one or more  applications  for
 waivers  of  the  federal  social  security  act  as may be necessary to
 receive federal financial participation in the costs  of  payments  made
 pursuant  to  this paragraph; provided further, however, that nothing in
 this subparagraph shall be deemed to affect payments for premiums pursu-
 ant to this paragraph if federal financial participation in the costs of
 such payments is not available.
   § 5. This act shall take effect January 1, 2023,  subject  to  federal
 financial  participation  for sections one, three, and four of this act;
 provided, however that the  commissioner  of  health  shall  notify  the
 legislative  bill  drafting  commission  upon  the occurrence of federal
 financial participation in order that the  commission  may  maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.
 
                                 PART BBB
 
   Section 1. Section 268-c of the public health law is amended by adding
 a new subdivision 25 to read as follows:
   25.  THE  COMMISSIONER  IS AUTHORIZED TO SUBMIT THE APPROPRIATE WAIVER
 APPLICATIONS TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES
 AND/OR THE DEPARTMENT OF THE TREASURY TO WAIVE ANY APPLICABLE PROVISIONS
 OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT, PUB.  L.  111-148  AS
 AMENDED,  OR  SUCCESSOR  PROVISIONS, AS PROVIDED FOR BY 42 U.S.C. 18052,
 AND ANY OTHER WAIVERS NECESSARY TO ACHIEVE THE PURPOSES OF HIGH QUALITY,
 AFFORDABLE COVERAGE THROUGH NY STATE OF HEALTH, THE OFFICIAL HEALTH PLAN
 MARKETPLACE. THE COMMISSIONER SHALL IMPLEMENT THE  STATE  PLANS  OF  ANY
 SUCH  WAIVER  IN  A  MANNER CONSISTENT WITH APPLICABLE STATE AND FEDERAL
 LAWS, AS AUTHORIZED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES AND/OR
 THE SECRETARY OF THE TREASURY PURSUANT TO 42  U.S.C.  18052.  COPIES  OF
 SUCH  ORIGINAL  WAIVER  APPLICATIONS  AND  AMENDMENTS  THERETO  SHALL BE
 PROVIDED TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF  THE
 ASSEMBLY  WAYS  AND  MEANS  COMMITTEE  AND  THE CHAIRS OF THE SENATE AND
 ASSEMBLY HEALTH COMMITTEES SIMULTANEOUSLY WITH THEIR SUBMISSION  TO  THE
 FEDERAL GOVERNMENT.
   §  2.  Paragraph  (d) of subdivision 3 of section 369-gg of the social
 services law, as amended by section 2 of part H of  chapter  57  of  the
 laws of 2021, is amended to read as follows:
 S. 8006--C                         266                        A. 9006--C
 
   (d) (i) EXCEPT AS PROVIDED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH, has
 household  income at or below two hundred percent of the federal poverty
 line defined and annually revised by the  United  States  department  of
 health  and  human services for a household of the same size; and [(ii)]
 has  household  income  that exceeds one hundred thirty-three percent of
 the federal poverty line defined and  annually  revised  by  the  United
 States  department  of  health and human services for a household of the
 same size; however, MAGI eligible aliens lawfully present in the  United
 States  with  household  incomes  at  or  below one hundred thirty-three
 percent of the federal poverty line shall be eligible to receive  cover-
 age for health care services pursuant to the provisions of this title if
 such alien would be ineligible for medical assistance under title eleven
 of this article due to [his or her] THEIR immigration status[.];
   (II)  SUBJECT  TO  FEDERAL APPROVAL AND THE USE OF STATE FUNDS, UNLESS
 THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN OF THIS  SECTION,
 HAS HOUSEHOLD INCOME AT OR BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDER-
 AL  POVERTY  LINE  DEFINED  AND  ANNUALLY  REVISED  BY THE UNITED STATES
 DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR  A  HOUSEHOLD  OF  THE  SAME
 SIZE;  AND  HAS  HOUSEHOLD  INCOME THAT EXCEEDS ONE HUNDRED THIRTY-THREE
 PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY  THE
 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF
 THE  SAME  SIZE;  HOWEVER,  MAGI ELIGIBLE ALIENS LAWFULLY PRESENT IN THE
 UNITED STATES WITH HOUSEHOLD INCOMES AT OR  BELOW  ONE  HUNDRED  THIRTY-
 THREE  PERCENT  OF THE FEDERAL POVERTY LINE SHALL BE ELIGIBLE TO RECEIVE
 COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO  THE  PROVISIONS  OF  THIS
 TITLE  IF  SUCH  ALIEN  WOULD BE INELIGIBLE FOR MEDICAL ASSISTANCE UNDER
 TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMIGRATION STATUS;
   (III) SUBJECT TO FEDERAL APPROVAL IF REQUIRED AND  THE  USE  OF  STATE
 FUNDS,  UNLESS THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN OF
 THIS SECTION, A PREGNANT INDIVIDUAL WHO IS ELIGIBLE  FOR  AND  RECEIVING
 COVERAGE  FOR HEALTH CARE SERVICES PURSUANT TO THIS TITLE IS ELIGIBLE TO
 CONTINUE TO RECEIVE HEALTH CARE SERVICES PURSUANT TO THIS  TITLE  DURING
 THE  PREGNANCY  AND  FOR  A  PERIOD OF ONE YEAR FOLLOWING THE END OF THE
 PREGNANCY WITHOUT REGARD TO ANY CHANGE IN THE INCOME  OF  THE  HOUSEHOLD
 THAT  INCLUDES THE PREGNANT INDIVIDUAL, EVEN IF SUCH CHANGE WOULD RENDER
 THE PREGNANT INDIVIDUAL  INELIGIBLE  TO  RECEIVE  HEALTH  CARE  SERVICES
 PURSUANT TO THIS TITLE;
   (IV) SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI-
 BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS
 TITLE  WHO  WOULD BE ELIGIBLE FOR COVERAGE PURSUANT TO SUBPARAGRAPHS (2)
 OR (4) OF PARAGRAPH (B) OF SUBDIVISION 1 OF SECTION  THREE  HUNDRED  AND
 SIXTY-SIX OF THE SOCIAL SERVICES LAW SHALL BE DEEMED TO HAVE APPLIED FOR
 MEDICAL  ASSISTANCE  AND TO HAVE BEEN FOUND ELIGIBLE FOR SUCH ASSISTANCE
 ON THE DATE OF SUCH BIRTH AND TO REMAIN ELIGIBLE FOR SUCH ASSISTANCE FOR
 A PERIOD OF ONE YEAR.
   An applicant who fails to make an applicable premium payment, if  any,
 shall  lose  eligibility to receive coverage for health care services in
 accordance with time frames and procedures determined by the commission-
 er.
   § 3. Paragraph (d) of subdivision 3 of section 369-gg  of  the  social
 services law, as added by section 51 of part C of chapter 60 of the laws
 of  2014, is amended to read as follows:
   (d) (i) EXCEPT AS PROVIDED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH, has
 household  income at or below two hundred percent of the federal poverty
 line defined and annually revised by the  United  States  department  of
 health  and  human services for a household of the same size; and [(ii)]
 S. 8006--C                         267                        A. 9006--C
 
 has household income that exceeds one hundred  thirty-three  percent  of
 the  federal  poverty  line  defined  and annually revised by the United
 States department of health and human services for a  household  of  the
 same  size; however, MAGI eligible aliens lawfully present in the United
 States with household incomes  at  or  below  one  hundred  thirty-three
 percent  of the federal poverty line shall be eligible to receive cover-
 age for health care services pursuant to the provisions of this title if
 such alien would be ineligible for medical assistance under title eleven
 of this article due to [his or her] THEIR immigration status[.];
   (II) SUBJECT TO FEDERAL APPROVAL AND THE USE OF  STATE  FUNDS,  UNLESS
 THE  COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN OF THIS SECTION,
 HAS HOUSEHOLD INCOME AT OR BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDER-
 AL POVERTY LINE DEFINED  AND  ANNUALLY  REVISED  BY  THE  UNITED  STATES
 DEPARTMENT  OF  HEALTH  AND  HUMAN  SERVICES FOR A HOUSEHOLD OF THE SAME
 SIZE; AND HAS HOUSEHOLD INCOME THAT  EXCEEDS  ONE  HUNDRED  THIRTY-THREE
 PERCENT  OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY THE
 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF
 THE SAME SIZE; HOWEVER, MAGI ELIGIBLE ALIENS  LAWFULLY  PRESENT  IN  THE
 UNITED  STATES  WITH  HOUSEHOLD  INCOMES AT OR BELOW ONE HUNDRED THIRTY-
 THREE PERCENT OF THE FEDERAL POVERTY LINE SHALL BE ELIGIBLE  TO  RECEIVE
 COVERAGE  FOR  HEALTH  CARE  SERVICES PURSUANT TO THE PROVISIONS OF THIS
 TITLE IF SUCH ALIEN WOULD BE INELIGIBLE  FOR  MEDICAL  ASSISTANCE  UNDER
 TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMIGRATION STATUS;
   (III)  SUBJECT  TO  FEDERAL  APPROVAL IF REQUIRED AND THE USE OF STATE
 FUNDS, UNLESS THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN  OF
 THIS  SECTION,  A  PREGNANT INDIVIDUAL WHO IS ELIGIBLE FOR AND RECEIVING
 COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS TITLE IS ELIGIBLE  TO
 CONTINUE  TO  RECEIVE HEALTH CARE SERVICES PURSUANT TO THIS TITLE DURING
 THE PREGNANCY AND FOR A PERIOD OF ONE YEAR  FOLLOWING  THE  END  OF  THE
 PREGNANCY  WITHOUT  REGARD  TO ANY CHANGE IN THE INCOME OF THE HOUSEHOLD
 THAT INCLUDES THE PREGNANT INDIVIDUAL, EVEN IF SUCH CHANGE WOULD  RENDER
 THE  PREGNANT  INDIVIDUAL  INELIGIBLE  TO  RECEIVE  HEALTH CARE SERVICES
 PURSUANT TO THIS TITLE;
   (IV) SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI-
 BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS
 TITLE WHO WOULD BE ELIGIBLE FOR COVERAGE PURSUANT TO  SUBPARAGRAPHS  (2)
 OR  (4)  OF  PARAGRAPH (B) OF SUBDIVISION 1 OF SECTION THREE HUNDRED AND
 SIXTY-SIX OF THE SOCIAL SERVICES LAW SHALL BE DEEMED TO HAVE APPLIED FOR
 MEDICAL ASSISTANCE AND TO HAVE BEEN FOUND ELIGIBLE FOR  SUCH  ASSISTANCE
 ON THE DATE OF SUCH BIRTH AND TO REMAIN ELIGIBLE FOR SUCH ASSISTANCE FOR
 A PERIOD OF ONE YEAR.
   An  applicant  who  fails  to make an applicable premium payment shall
 lose eligibility to receive coverage for health care services in accord-
 ance with time frames and procedures determined by the commissioner.
   § 4. Paragraph (c) of subdivision 1 of section 369-gg  of  the  social
 services  law,  as  amended  by section 2 of part H of chapter 57 of the
 laws of 2021, is amended to read as follows:
   (c) "Health care services" means (i)  the  services  and  supplies  as
 defined  by  the commissioner in consultation with the superintendent of
 financial services, and shall be consistent  with  and  subject  to  the
 essential  health  benefits as defined by the commissioner in accordance
 with the provisions of the patient protection and  affordable  care  act
 (P.L.  111-148)  and consistent with the benefits provided by the refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits, [and] (ii) dental  and  vision  services  as  defined  by  the
 commissioner,  AND  (III)  AS DEFINED BY THE COMMISSIONER AND SUBJECT TO
 S. 8006--C                         268                        A. 9006--C
 
 FEDERAL APPROVAL, CERTAIN SERVICES AND SUPPORTS  PROVIDED  TO  ENROLLEES
 ELIGIBLE  PURSUANT  TO  SUBPARAGRAPH ONE OF PARAGRAPH (G) OF SUBDIVISION
 ONE OF SECTION THREE HUNDRED SIXTY-SIX OF THIS ARTICLE  WHO  HAVE  FUNC-
 TIONAL  LIMITATIONS  AND/OR  CHRONIC  ILLNESSES  THAT  HAVE  THE PRIMARY
 PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE
 SETTING OF THEIR CHOICE, WHICH MAY  INCLUDE  THE  INDIVIDUAL'S  HOME,  A
 WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
   §  5.  Paragraph  (c) of subdivision 1 of section 369-gg of the social
 services law, as added by section 51 of part C of chapter 60 of the laws
 of 2014, is amended to read as follows:
   (c) "Health care services" means (I)  the  services  and  supplies  as
 defined  by  the commissioner in consultation with the superintendent of
 financial services, and shall be consistent  with  and  subject  to  the
 essential  health  benefits as defined by the commissioner in accordance
 with the provisions of the patient protection and  affordable  care  act
 (P.L.   111-148) and consistent with the benefits provided by the refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits, AND (II) AS DEFINED BY THE COMMISSIONER AND SUBJECT TO FEDERAL
 APPROVAL, CERTAIN SERVICES AND SUPPORTS PROVIDED TO  ENROLLEES  ELIGIBLE
 PURSUANT  TO  SUBPARAGRAPH  ONE  OF  PARAGRAPH (G) OF SUBDIVISION ONE OF
 SECTION THREE HUNDRED SIXTY-SIX OF  THIS  ARTICLE  WHO  HAVE  FUNCTIONAL
 LIMITATIONS  AND/OR  CHRONIC  ILLNESSES THAT HAVE THE PRIMARY PURPOSE OF
 SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE SETTING OF
 THEIR CHOICE, WHICH MAY INCLUDE THE INDIVIDUAL'S HOME, A WORKSITE, OR  A
 PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
   §  6.  Paragraph  (c) of subdivision 1 of section 369-gg of the social
 services law, as amended by section 2 of part H of  chapter  57  of  the
 laws of 2021, is amended to read as follows:
   (c)  "Health  care  services"  means  (i) the services and supplies as
 defined by the commissioner in consultation with the  superintendent  of
 financial  services,  and  shall  be  consistent with and subject to the
 essential health benefits as defined by the commissioner  in  accordance
 with  the  provisions  of the patient protection and affordable care act
 (P.L. 111-148) and consistent with the benefits provided by  the  refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits,  [and]  (ii)  dental  and  vision  services  as defined by the
 commissioner, AND (III) AS DEFINED BY THE COMMISSIONER  AND  SUBJECT  TO
 FEDERAL  APPROVAL,  CERTAIN  SERVICES AND SUPPORTS PROVIDED TO ENROLLEES
 WHO HAVE FUNCTIONAL LIMITATIONS AND/OR CHRONIC ILLNESSES THAT  HAVE  THE
 PRIMARY  PURPOSE  OF  SUPPORTING  THE ABILITY OF THE ENROLLEE TO LIVE OR
 WORK IN THE SETTING OF THEIR CHOICE, WHICH MAY INCLUDE THE  INDIVIDUAL'S
 HOME, A WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
   §  7.  Paragraph  (c) of subdivision 1 of section 369-gg of the social
 services law, as added by section 51 of part C of chapter 60 of the laws
 of 2014, is amended to read as follows:
   (c) "Health care services" means (I)  the  services  and  supplies  as
 defined  by  the commissioner in consultation with the superintendent of
 financial services, and shall be consistent  with  and  subject  to  the
 essential  health  benefits as defined by the commissioner in accordance
 with the provisions of the patient protection and  affordable  care  act
 (P.L.   111-148) and consistent with the benefits provided by the refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits, AND (II) AS DEFINED BY THE COMMISSIONER AND SUBJECT TO FEDERAL
 APPROVAL, CERTAIN SERVICES AND SUPPORTS PROVIDED TO ENROLLEES  WHO  HAVE
 FUNCTIONAL  LIMITATIONS  AND/OR  CHRONIC ILLNESSES THAT HAVE THE PRIMARY
 PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE
 S. 8006--C                         269                        A. 9006--C
 
 SETTING OF THEIR CHOICE, WHICH MAY  INCLUDE  THE  INDIVIDUAL'S  HOME,  A
 WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
   §  7-a. Paragraph (b) of subdivision 5 of section 369-gg of the social
 services law, as amended by section 2 of part H of  chapter  57  of  the
 laws of 2021, is amended to read as follows:
   (b)  The  commissioner  shall  establish  cost sharing obligations for
 enrollees, subject to federal approval. There shall be  no  cost-sharing
 obligations  for  enrollees for dental and vision services as defined in
 subparagraph (ii) of paragraph (c) of subdivision one of  this  section;
 SERVICES  AND SUPPORTS AS DEFINED IN SUBPARAGRAPH (III) OF PARAGRAPH (C)
 OF SUBDIVISION ONE OF THIS SECTION; AND HEALTH CARE SERVICES  AUTHORIZED
 UNDER SUBPARAGRAPHS (III) AND (IV) OF PARAGRAPH (D) OF SUBDIVISION THREE
 OF THIS SECTION.
   §  7-b. Paragraph (b) of subdivision 5 of section 369-gg of the social
 services law, as added by section 51 of part C of chapter 60 of the laws
 of 2014, is amended to read as follows:
   (b) The commissioner shall  establish  cost  sharing  obligations  for
 enrollees,  subject to federal approval.  THERE SHALL BE NO COST-SHARING
 OBLIGATIONS FOR SERVICES AND SUPPORTS AS DEFINED IN  SUBPARAGRAPH  (III)
 OF  PARAGRAPH  (C)  OF  SUBDIVISION ONE OF THIS SECTION; AND HEALTH CARE
 SERVICES AUTHORIZED UNDER SUBPARAGRAPHS (III) AND (IV) OF PARAGRAPH  (D)
 OF SUBDIVISION THREE OF THIS SECTION.
   §  8.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022,  provided
 however:
   (a) the amendments to paragraph (d) of subdivision 3 of section 369-gg
 of  the  social  services  law  made by section two of this act shall be
 subject to the expiration and reversion of such  paragraph  pursuant  to
 section  3  of part H of chapter 57 of the laws of 2021 as amended, when
 upon such date the provisions of section three of this  act  shall  take
 effect;
   (b)  section  four  of  this  act  shall expire and be deemed repealed
 December 31, 2024; provided, however, the amendments to paragraph (c) of
 subdivision 1 of section 369-gg of the social services law made by  such
 section  of this act shall be subject to the expiration and reversion of
 such paragraph pursuant to section 2 of part H of chapter 57 of the laws
 of 2021 when upon such date, the provisions of section five of this  act
 shall  take  effect; provided, however, the amendments to such paragraph
 made by section five of this act shall expire  and  be  deemed  repealed
 December 31, 2024;
   (c)  section  six  of  this  act  shall  take  effect January 1, 2025;
 provided, however, the amendments to paragraph (c) of subdivision  1  of
 section  369-gg  of the social services law made by such section of this
 act shall be subject to the expiration and reversion of  such  paragraph
 pursuant  to  section 2 of part H of chapter 57 of the laws of 2021 when
 upon such date, the provisions of section seven of this act  shall  take
 effect; and
   (d) the amendments to paragraph (b) of subdivision 5 of section 369-gg
 of  the social services law made by section seven-a of this act shall be
 subject to the expiration and reversion of such  paragraph  pursuant  to
 section  3  of part H of chapter 57 of the laws of 2021 as amended, when
 upon such date the provisions of section seven-b of this act shall  take
 effect.
                                 PART CCC
 S. 8006--C                         270                        A. 9006--C
 
   Section  1.  Subdivision 2 of section 365-a of the social services law
 is amended by adding a new paragraph (jj) to read as follows:
   (JJ)  PRE-NATAL  AND  POST-PARTUM CARE AND SERVICES FOR THE PURPOSE OF
 IMPROVING MATERNAL HEALTH OUTCOMES AND REDUCTION OF  MATERNAL  MORTALITY
 WHEN  SUCH  SERVICES ARE RECOMMENDED BY A PHYSICIAN OR OTHER HEALTH CARE
 PRACTITIONER AUTHORIZED UNDER TITLE EIGHT  OF  THE  EDUCATION  LAW,  AND
 PROVIDED  BY  QUALIFIED PRACTITIONERS.   SUCH SERVICES SHALL INCLUDE BUT
 NOT BE LIMITED TO NUTRITION SERVICES PROVIDED  BY  CERTIFIED  DIETITIANS
 AND  CERTIFIED  NUTRITIONISTS;  CARE  COORDINATION, CASE MANAGEMENT, AND
 PEER SUPPORT; PATIENT NAVIGATION SERVICES; SERVICES BY LICENSED CLINICAL
 SOCIAL WORKERS; DYADIC SERVICES; BLUETOOTH-ENABLED  DEVICES  FOR  REMOTE
 PATIENT MONITORING; AND OTHER SERVICES DETERMINED BY THE COMMISSIONER OF
 HEALTH;  PROVIDED,  HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL
 NOT TAKE EFFECT UNLESS THERE IS FEDERAL FINANCIAL PARTICIPATION.   NOTH-
 ING  IN  THIS  PARAGRAPH  SHALL  BE  CONSTRUED  TO MODIFY ANY LICENSURE,
 CERTIFICATION OR SCOPE OF PRACTICE PROVISION UNDER TITLE  EIGHT  OF  THE
 EDUCATION LAW.
   §  2.  Subparagraph 3 of paragraph (d) of subdivision 1 of section 366
 of the social services law, as added by section 1 of part D  of  chapter
 56 of the laws of 2013, is amended to read as follows:
   (3)  cooperates  with  the appropriate social services official or the
 department in establishing paternity or in establishing,  modifying,  or
 enforcing  a  support  order with respect to his or her child; provided,
 however, that nothing herein contained shall be construed to  require  a
 payment  under this title for care or services, the cost of which may be
 met in whole or in part by a third party; notwithstanding the foregoing,
 a social services official shall not require  such  cooperation  if  the
 social  services official or the department determines that such actions
 would be detrimental to the best interest of the  child,  applicant,  or
 recipient, or with respect to pregnant women during pregnancy and during
 the  [sixty-day] ONE YEAR period beginning on the last day of pregnancy,
 in accordance with procedures and criteria established by regulations of
 the department consistent with federal law; and
   § 3. Subparagraph 1 of paragraph (b) of subdivision 4 of  section  366
 of  the  social services law, as added by section 2 of part D of chapter
 56 of the laws of 2013, is amended to read as follows:
   (1) A pregnant woman eligible for medical  assistance  under  subpara-
 graph two or four of paragraph (b) of subdivision one of this section on
 any  day of her pregnancy will continue to be eligible for such care and
 services [through the end of the month in which the sixtieth day follow-
 ing the end of the pregnancy occurs,] FOR A PERIOD OF ONE YEAR BEGINNING
 ON THE LAST DAY OF PREGNANCY, without regard to any change in the income
 of the family that includes the pregnant  woman,  even  if  such  change
 otherwise would have rendered her ineligible for medical assistance.
   § 4. Section 369-hh of the social services law is REPEALED.
   §  5.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022; provided,
 however, that sections two, three and four of this act shall take effect
 March 1, 2023.
 
                                 PART DDD
 
   Section 1. Subdivision 7 of section 2510 of the public health law,  as
 amended  by  chapter  436  of  the  laws  of 2021, is amended to read as
 follows:
 S. 8006--C                         271                        A. 9006--C
 
   7. "Covered health care services" means: the services  of  physicians,
 optometrists,  nurses,  nurse  practitioners, midwives and other related
 professional personnel  which  are  provided  on  an  outpatient  basis,
 including  routine well-child visits; diagnosis and treatment of illness
 and injury; inpatient health care services; laboratory tests; diagnostic
 x-rays;  prescription  and  non-prescription  drugs,  ostomy  AND  OTHER
 MEDICAL supplies  and  durable  medical  equipment;  radiation  therapy;
 chemotherapy;  hemodialysis;  outpatient  blood clotting factor products
 and other treatments and services furnished in connection with the  care
 of  hemophilia  and other blood clotting protein deficiencies; emergency
 room services; AMBULANCE SERVICES; hospice services; emergency,  preven-
 tive  and routine dental care, including [medically necessary] orthodon-
 tia but excluding cosmetic surgery; emergency,  preventive  and  routine
 vision  care,  including eyeglasses; speech and hearing services; [and,]
 inpatient and outpatient mental  health,  alcohol  and  substance  abuse
 services,  INCLUDING CHILDREN AND FAMILY TREATMENT AND SUPPORT SERVICES,
 CHILDREN'S HOME AND COMMUNITY BASED SERVICES, ASSERTIVE COMMUNITY TREAT-
 MENT SERVICES AND RESIDENTIAL REHABILITATION FOR  YOUTH  SERVICES  WHICH
 SHALL  BE  REIMBURSED  IN  ACCORDANCE  WITH THE AMBULATORY PATIENT GROUP
 (APG) RATE-SETTING METHODOLOGY AS UTILIZED BY THE DEPARTMENT OF  HEALTH,
 THE  OFFICE  OF ADDICTION SERVICES AND SUPPORTS, OR THE OFFICE OF MENTAL
 HEALTH FOR RATE-SETTING PURPOSES OR  ANY  SUCH  OTHER  FEES  ESTABLISHED
 PURSUANT  TO  ARTICLE FORTY-THREE OF THE MENTAL HYGIENE LAW; AND HEALTH-
 RELATED SERVICES PROVIDED BY VOLUNTARY FOSTER CARE AGENCY HEALTH FACILI-
 TIES LICENSED PURSUANT TO ARTICLE  TWENTY-NINE-I  OF  THIS  CHAPTER;  as
 defined  by  the commissioner [in consultation with the superintendent].
 "Covered health care services" shall not include drugs,  procedures  and
 supplies  for the treatment of erectile dysfunction when provided to, or
 prescribed for use by, a person who is required to  register  as  a  sex
 offender  pursuant to article six-C of the correction law, provided that
 any denial of coverage of  such  drugs,  procedures  or  supplies  shall
 provide  the  patient with the means of obtaining additional information
 concerning both the denial and the means of challenging such denial.
   § 2. Subdivision 9 of section 2510 of the public health law is amended
 by adding a new paragraph (e) to read as follows:
   (E) FOR PERIODS ON OR AFTER OCTOBER FIRST,  TWO  THOUSAND  TWENTY-TWO,
 AMOUNTS AS FOLLOWS:
   (I) NO PAYMENTS ARE REQUIRED FOR ELIGIBLE CHILDREN WHOSE FAMILY HOUSE-
 HOLD  INCOME  IS  LESS THAN TWO HUNDRED TWENTY-THREE PERCENT OF THE NON-
 FARM FEDERAL POVERTY LEVEL AND FOR ELIGIBLE CHILDREN  WHO  ARE  AMERICAN
 INDIANS  OR  ALASKAN NATIVES, AS DEFINED BY THE UNITED STATES DEPARTMENT
 OF HEALTH AND HUMAN SERVICES, WHOSE FAMILY HOUSEHOLD INCOME IS LESS THAN
 TWO HUNDRED FIFTY-ONE PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL; AND
   (II) FIFTEEN DOLLARS PER MONTH FOR EACH ELIGIBLE  CHILD  WHOSE  FAMILY
 HOUSEHOLD  INCOME  IS  BETWEEN  TWO HUNDRED TWENTY-THREE PERCENT AND TWO
 HUNDRED FIFTY PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE
 THAN FORTY-FIVE DOLLARS PER MONTH PER FAMILY; AND
   (III) THIRTY DOLLARS PER MONTH FOR EACH ELIGIBLE  CHILD  WHOSE  FAMILY
 HOUSEHOLD  INCOME  IS  BETWEEN  TWO  HUNDRED FIFTY-ONE PERCENT AND THREE
 HUNDRED PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE  THAN
 NINETY DOLLARS PER MONTH PER FAMILY; AND
   (IV) FORTY-FIVE DOLLARS PER MONTH FOR EACH ELIGIBLE CHILD WHOSE FAMILY
 HOUSEHOLD  INCOME IS BETWEEN THREE HUNDRED ONE PERCENT AND THREE HUNDRED
 FIFTY PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT  NO  MORE  THAN
 ONE HUNDRED THIRTY-FIVE DOLLARS PER MONTH PER FAMILY; AND
 S. 8006--C                         272                        A. 9006--C
 
   (V)  SIXTY  DOLLARS  PER  MONTH  FOR  EACH ELIGIBLE CHILD WHOSE FAMILY
 HOUSEHOLD INCOME IS BETWEEN THREE HUNDRED  FIFTY-ONE  PERCENT  AND  FOUR
 HUNDRED  PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE THAN
 ONE HUNDRED EIGHTY DOLLARS PER MONTH PER FAMILY.
   § 3. Subdivision 8 of section 2511 of the public health law is amended
 by adding a new paragraph (i) to read as follows:
   (I)    NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS TITLE, ARTI-
 CLES THIRTY-TWO AND FORTY-THREE OF THE INSURANCE LAW AND SUBSECTION  (E)
 OF SECTION ELEVEN HUNDRED TWENTY OF THE INSURANCE LAW:
   (I) THE COMMISSIONER SHALL, SUBJECT TO APPROVAL OF THE DIRECTOR OF THE
 DIVISION  OF  THE BUDGET, DEVELOP REIMBURSEMENT METHODOLOGIES FOR DETER-
 MINING THE AMOUNT OF SUBSIDY PAYMENTS MADE TO APPROVED ORGANIZATIONS FOR
 THE COST OF COVERED HEALTH CARE SERVICES COVERAGE PROVIDED  PURSUANT  TO
 THIS  TITLE  FOR  PAYMENTS MADE ON AND AFTER JANUARY FIRST, TWO THOUSAND
 TWENTY-FOUR.
   (II) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-THREE,  THE  COMMIS-
 SIONER  SHALL  COORDINATE  WITH THE SUPERINTENDENT OF FINANCIAL SERVICES
 FOR THE TRANSITION OF THE SUBSIDY PAYMENT RATE SETTING FUNCTION  TO  THE
 DEPARTMENT  AND,  IN  CONJUNCTION  WITH  ITS INDEPENDENT ACTUARY, REVIEW
 REIMBURSEMENT METHODOLOGIES DEVELOPED IN  ACCORDANCE  WITH  SUBPARAGRAPH
 (I)  OF  THIS PARAGRAPH. NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-THREE
 OF THE STATE FINANCE LAW, THE COMMISSIONER MAY SELECT AND CONTRACT  WITH
 THE  INDEPENDENT  ACTUARY  SELECTED  PURSUANT TO SUBDIVISION EIGHTEEN OF
 SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, WITHOUT A
 COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS.  SUCH INDEPENDENT ACTU-
 ARY SHALL REVIEW AND MAKE RECOMMENDATIONS CONCERNING APPROPRIATE ACTUAR-
 IAL ASSUMPTIONS RELEVANT TO THE ESTABLISHMENT OF REIMBURSEMENT METHODOL-
 OGIES, INCLUDING BUT NOT LIMITED TO  THE  ADEQUACY  OF  SUBSIDY  PAYMENT
 AMOUNTS  IN  RELATION  TO  THE POPULATION TO BE SERVED ADJUSTED FOR CASE
 MIX, THE SCOPE OF SERVICES  APPROVED  ORGANIZATIONS  MUST  PROVIDE,  THE
 UTILIZATION  OF  SUCH  SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO
 MEET STATE STANDARDS.
   § 4. Paragraph (b) of subdivision 7 of  section  2511  of  the  public
 health law, as amended by chapter 923 of the laws of 1990, is amended to
 read as follows:
   (b)  The  commissioner, in consultation with the superintendent, shall
 make a determination whether to approve, disapprove or recommend modifi-
 cation of the proposal. In order for a proposal to be  approved  by  the
 commissioner,  the  proposal must also be approved by the superintendent
 with respect to the provisions of subparagraphs  [(viii)  through]  (IX)
 AND (xii) of paragraph (a) of this subdivision.
   §  5. Section 2511 of the public health law is amended by adding a new
 subdivision 22 to read as follows:
   22. NOTWITHSTANDING THE PROVISIONS OF THIS TITLE AND EFFECTIVE ON  AND
 AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-THREE,  THE  CONSULTATIVE,
 REVIEW, AND  APPROVAL  FUNCTIONS  OF  THE  SUPERINTENDENT  OF  FINANCIAL
 SERVICES  RELATED  TO  ADMINISTRATION OF THE CHILD HEALTH INSURANCE PLAN
 ARE NO LONGER APPLICABLE AND REFERENCES TO THOSE FUNCTIONS IN THIS TITLE
 SHALL BE NULL AND VOID. THE CHILD HEALTH INSURANCE  PLAN  SET  FORTH  IN
 THIS  TITLE  SHALL BE ADMINISTERED SOLELY BY THE COMMISSIONER. ALL CHILD
 HEALTH INSURANCE PLAN POLICIES REVIEWED AND APPROVED BY THE  SUPERINTEN-
 DENT  OF  FINANCIAL  SERVICES  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
 TWENTY OF THE INSURANCE LAW SHALL REMAIN IN EFFECT UNTIL THE COMMISSION-
 ER ESTABLISHES A PROCESS TO  REVIEW  AND  APPROVE  MEMBER  HANDBOOKS  IN
 ACCORDANCE  WITH  THE  REQUIREMENTS  OF  TITLE XXI OF THE FEDERAL SOCIAL
 SECURITY ACT AND IMPLEMENTING REGULATIONS, AND SUCH MEMBER HANDBOOKS ARE
 S. 8006--C                         273                        A. 9006--C
 
 ISSUED BY APPROVED ORGANIZATIONS TO ENROLLEES IN PLACE OF  CHILD  HEALTH
 INSURANCE PLAN POLICIES WHICH WERE SUBJECT TO REVIEW UNDER SECTION ELEV-
 EN HUNDRED TWENTY OF THE INSURANCE LAW.
   § 6. Subdivision 6 of section 2510 of the public health law is amended
 by adding a new paragraph (d) to read as follows:
   (D)  EFFECTIVE  ON  OR  AFTER  MARCH  FIRST, TWO THOUSAND TWENTY-THREE
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN, SUBJECT TO EXTEN-
 SION UNDER TITLE XXI OF THE FEDERAL SOCIAL SECURITY ACT, THE  PERIOD  OF
 ELIGIBILITY FOR PREGNANT INDIVIDUALS ENROLLED IN THE CHILD HEALTH INSUR-
 ANCE  PLAN SHALL INCLUDE TWELVE MONTHS POSTPARTUM COVERAGE COMMENCING ON
 THE FIRST DAY OF THE MONTH FOLLOWING  THE  LAST  DAY  OF  PREGNANCY  AND
 ENDING ON THE LAST DAY OF THE MONTH IN WHICH THE TWELVE-MONTH POSTPARTUM
 PERIOD  ENDS;  PROVIDED, HOWEVER, SUCH POSTPARTUM COVERAGE MAY END PRIOR
 TO THE END OF THE TWELVE-MONTH PERIOD ONLY UNDER THE  FOLLOWING  CIRCUM-
 STANCES:  (I)  THE  INDIVIDUAL  REQUESTS VOLUNTARY TERMINATION; (II) THE
 INDIVIDUAL CEASES TO BE A STATE RESIDENT; (III) ELIGIBILITY  WAS  DETER-
 MINED  INCORRECTLY BECAUSE OF ERROR, FRAUD, ABUSE, OR PERJURY ATTRIBUTED
 TO THE INDIVIDUAL; OR (IV) THE INDIVIDUAL DIES.
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022; provided,
 however, that sections one, three and four of this act shall take effect
 January 1, 2023.
 
                                 PART EEE
 
   Section  1.  Section  3  of  part E of chapter 55 of the laws of 2020,
 amending the state finance law relating  to  establishing  the  criminal
 justice discovery compensation fund; amending the criminal procedure law
 relating  to  monies  recovered  by county district attorneys before the
 filing of an accusatory instrument; and  providing  for  the  repeal  of
 certain  provisions  upon  expiration  thereof,  is  amended  to read as
 follows:
   § 3. This act shall take effect immediately; provided,  however,  that
 subdivision  2  of  section  99-hh of the state finance law, as added by
 section one of this act, shall expire and be deemed repealed  March  31,
 [2022]  2024, and provided, further that the amendments to section 95.00
 of the criminal procedure law made by section two of this act shall  not
 affect  the  repeal  of such section and shall be deemed repealed there-
 with.
   § 1-a. Subdivision 5 of section 216 of the judiciary law, as added  by
 section  4  of part HHH of chapter 56 of the laws of 2020, is renumbered
 subdivision 6 and is amended to read as follows:
   6. The chief administrator of the  courts,  in  conjunction  with  the
 division  of  criminal  justice  services, shall collect data and report
 annually regarding the impact of article two hundred forty-five  of  the
 criminal  procedure  law. Such data and report shall contain information
 regarding the implementation of article two hundred  forty-five  of  the
 criminal procedure law, including procedures used to implement the arti-
 cle,  resources  needed  for implementation, MONIES RECEIVED PURSUANT TO
 SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW, INCLUDING THE AMOUNT OF
 MONEY UTILIZED FOR THE SERVICES AND EXPENSES ELIGIBLE PURSUANT TO SUBDI-
 VISION THREE OF SUCH SECTION, information regarding cases where  discov-
 ery  obligations  are  not met, and information regarding case outcomes.
 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  the
 S. 8006--C                         274                        A. 9006--C
 
 effective  date  of  this section, and shall include data from the first
 twelve months following the enactment of  this  section.    Reports  for
 subsequent years shall be published annually thereafter.
   §  1-b.  Subdivision  3  of section 99-hh of the state finance law, as
 added by section 1 of part E of chapter 55  of  the  laws  of  2020,  is
 amended to read as follows:
   3.  (A)  Monies  of  the criminal justice discovery compensation fund,
 following appropriation by the legislature and allocation by the  direc-
 tor of the budget, shall be made available for local assistance services
 and  expenses  related to discovery reform implementation, including but
 not limited to, digital evidence transmission technology, administrative
 support, computers, hardware and operating software, data  connectivity,
 development of training materials, staff training, overtime costs, liti-
 gation   readiness,  and  pretrial  services.  Eligible  entities  shall
 include, but not be limited to counties, cities  with  populations  less
 than  one million, and law enforcement and prosecutorial entities within
 towns and villages.
   (B) THE DIRECTOR OF THE BUDGET SHALL PROVIDE THE AMOUNT OF THE  MONIES
 ALLOCATED  PURSUANT  TO  THIS  SECTION TO THE CHIEF ADMINISTRATOR OF THE
 COURTS AND THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR THE PURPOSE  OF
 COMPLETING  THE  REPORT  REQUIRED PURSUANT TO SUBDIVISION SIX OF SECTION
 TWO HUNDRED SIXTEEN OF THE JUDICIARY LAW.
   § 2. This  act  shall take effect immediately and shall be  deemed  to
 have been in full force and effect on and after March 31, 2022.
 
                                 PART FFF
 
   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).
 S. 8006--C                         275                        A. 9006--C
 
   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. New York City assessment account (22062).
   52. Cultural education account (22063).
   53. Local services account (22078).
   54. DHCR mortgage servicing account (22085).
   55. Housing indirect cost recovery account (22090).
   56. DHCR-HCA application fee account (22100).
   57. Low income housing monitoring account (22130).
   58. Corporation administration account (22135).
   59.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
 account (22144).
   60. Deferred compensation administration account (22151).
   61. Rent revenue other New York City account (22156).
   62. Rent revenue account (22158).
   63. Transportation aviation account (22165).
   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. New York state cannabis revenue fund (24800).
   77. Fantasy sports administration account (24951).
   78. Highway and bridge capital account (30051).
 S. 8006--C                         276                        A. 9006--C
 
   79. Aviation purpose account (30053).
   80. State university residence hall rehabilitation fund (30100).
   81. State parks infrastructure account (30351).
   82. Clean water/clean air implementation fund (30500).
   83. Hazardous waste remedial cleanup account (31506).
   84. Youth facilities improvement account (31701).
   85. Housing assistance fund (31800).
   86. Housing program fund (31850).
   87. Highway facility purpose account (31951).
   88. New York racing account (32213).
   89. Capital miscellaneous gifts account (32214).
   90. Information technology capital financing account (32215).
   91.  New  York  environmental protection and spill remediation account
 (32219).
   92. Mental hygiene facilities capital improvement fund (32300).
   93. Correctional facilities capital improvement fund (32350).
   94. New York State Storm Recovery Capital Fund (33000).
   95. OGS convention center account (50318).
   96. Empire Plaza Gift Shop (50327).
   97. Centralized services fund (55000).
   98. Archives records management account (55052).
   99. Federal single audit account (55053).
   100. Civil service administration account (55055).
   101. Civil service EHS occupational health program account (55056).
   102. Banking services account (55057).
   103. Cultural resources survey account (55058).
   104. Neighborhood work project account (55059).
   105. Automation & printing chargeback account (55060).
   106. OFT NYT account (55061).
   107. Data center account (55062).
   108. Intrusion detection account (55066).
   109. Domestic violence grant account (55067).
   110. Centralized technology services account (55069).
   111. Labor contact center account (55071).
   112. Human services contact center account (55072).
   113. Tax contact center account (55073).
   114. Department of law civil recoveries account (55074).
   115. Executive direction internal audit account (55251).
   116. CIO Information technology centralized services account (55252).
   117. Health insurance internal service account (55300).
   118. Civil service employee benefits division  administrative  account
 (55301).
   119. Correctional industries revolving fund (55350).
   120. Employees health insurance account (60201).
   121. Medicaid management information system escrow fund (60900).
   § 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).
 S. 8006--C                         277                        A. 9006--C
 
   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, 2023, 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.  $2,653,000,000  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. $1,237,000,000 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. $140,800,000 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.  $614,580,000  from  the general fund to the mobile sports wagering
 fund, education account (24955), 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 deposit-
 ed  in  such  fund  for  such  purposes  pursuant to section 1367 of the
 racing, pari-mutuel wagering and breeding law.
   5. $7,000,000 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.
   6.  An  amount up to the unencumbered balance in the fund on March 31,
 2023 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.
   7. 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.
 S. 8006--C                         278                        A. 9006--C
 
   8.  $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).
   9. $900,000 from the general fund to the miscellaneous special revenue
 fund, Batavia school for the blind account (22032).
   10. $900,000 from the general fund to the miscellaneous special reven-
 ue fund, Rome school for the deaf account (22053).
   11.  $343,400,000  from  the  state  university  dormitory income fund
 (40350) to the miscellaneous  special  revenue  fund,  state  university
 dormitory income reimbursable account (21937).
   12.  $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.
   13. $47,000,000 from the state university income fund, state universi-
 ty hospitals income reimbursable account (22656) to the general fund for
 hospital  debt  service  for  the period April 1, 2022 through March 31,
 2023.
   14. $7,790,000 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).
   15. $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).
   16. $4,200,000 from any of the state  education  department's  special
 revenue or internal service funds to the capital projects fund (30000).
   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. $100,000,000 from the general fund to the environmental  protection
 fund, environmental protection fund transfer account (30451).
   6.  $6,000,000  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).
 S. 8006--C                         279                        A. 9006--C
 
   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).
   12. Up to $10,000,000 from  the  general  fund  to  the  miscellaneous
 special revenue fund, patron services account (22163).
   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).
   9. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
 central registry (22028), to the general fund.
   10.  $900,000  from  the general fund to the Veterans' Remembrance and
 Cemetery Maintenance and Operation account (20201).
   11. $505,000,000 from the general fund to  the  housing  program  fund
 (31850).
   General Government:
   1. $12,000,000 from the general fund to the health insurance revolving
 fund (55300).
   2.  $292,400,000  from  the  health  insurance  reserve  receipts fund
 (60550) to the general fund.
   3. $150,000 from the general fund to the not-for-profit revolving loan
 fund (20650).
   4. $150,000 from the not-for-profit revolving loan fund (20650) to the
 general fund.
   5. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
 property account (22036), to the general fund.
 S. 8006--C                         280                        A. 9006--C
 
   6.  $19,000,000  from  the miscellaneous special revenue fund, revenue
 arrearage account (22024), to the general fund.
   7.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
 arrearage account (22024), to the miscellaneous  special  revenue  fund,
 authority budget office account (22138).
   8.  $1,000,000  from  the  miscellaneous special revenue fund, parking
 account (22007), to the general fund, for the purpose of reimbursing the
 costs of debt service related to state parking facilities.
   9. $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.
   10. $10,000,000 from the general fund to the agencies internal service
 fund, state data center account (55062).
   11. $12,000,000 from the miscellaneous special revenue  fund,  parking
 account  (22007), to the centralized services, building support services
 account (55018).
   12. $30,000,000 from the general fund to the  internal  service  fund,
 business services center account (55022).
   13.  $8,000,000  from  the  general fund to the internal service fund,
 building support services account (55018).
   14. $1,500,000 from the combined expendable trust fund, plaza  special
 events account (20120), to the general fund.
   15.  $50,000,000  from the general fund to the New York State cannabis
 revenue fund (24800).
   16. $50,000,000 from the New York State cannabis revenue fund  (24800)
 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. $8,750,000 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.  $112,500,000  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).
 S. 8006--C                         281                        A. 9006--C
 
   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.  $1,000,000,000 from the general fund to the health care transfor-
 mation fund (24850).
   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.
   4. $850,000 from the miscellaneous special revenue fund, DOL  elevator
 safety  program  fund (22252) to the miscellaneous special revenue fund,
 DOL fee and penalty account (21923).
   Mental Hygiene:
   1. $3,800,000 from the general fund, to the agencies internal  service
 fund, civil service EHS occupational health program account (55056).
   2.  $2,000,000 from the general fund, to the mental hygiene facilities
 capital improvement fund (32300).
   3. $20,000,000 from the opioid settlement fund (23817) to the  miscel-
 laneous capital projects fund, opioid settlement capital account.
   4.  $20,000,000  from  the miscellaneous capital projects fund, opioid
 settlement capital account to the opioid settlement fund (23817).
   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.  $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.
   6. $136,130,000 from the general fund to the  correctional  facilities
 capital improvement fund (32350).
   7.  $5,000,000  from  the  general  fund  to the dedicated highway and
 bridge trust fund (30050) for the purpose of work zone safety activities
 S. 8006--C                         282                        A. 9006--C
 
 provided by the division of state police for the department of transpor-
 tation.
   8.  $10,000,000 from the miscellaneous special revenue fund, statewide
 public safety communications account (22123), to  the  capital  projects
 fund (30000).
   9.  $9,830,000  from  the  miscellaneous  special  revenue fund, legal
 services assistance account (22096), to the general fund.
   10. $1,000,000 from the general fund to the agencies internal  service
 fund, neighborhood work project account (55059).
   11.  $7,980,000  from  the miscellaneous special revenue fund, finger-
 print identification & technology account (21950), to the general fund.
   12. $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.
   13.  $14,400,000  from  the  general fund to the miscellaneous special
 revenue fund, criminal justice improvement account (21945).
   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. $5,000,000 from the miscellaneous special revenue fund, transporta-
 tion regulation account (22067) to the general fund,  for  disbursements
 made  from  such fund for motor carrier safety that are in excess of the
 amounts deposited in the general  fund  for  such  purpose  pursuant  to
 section 94 of the transportation law.
   Miscellaneous:
   1. $250,000,000 from the general fund to any funds or accounts for the
 purpose of reimbursing certain outstanding accounts receivable balances.
   2.  $500,000,000  from  the general fund to the debt reduction reserve
 fund (40000).
   3. $450,000,000 from the New York state storm  recovery  capital  fund
 (33000) to the revenue bond tax fund (40152).
   4.  $15,500,000  from  the general fund, community projects account GG
 (10256), to the general fund, state purposes account (10050).
   5. $100,000,000 from any special revenue federal fund to  the  general
 fund, state purposes account (10050).
   6.  $12,750,000,000 from the special revenue federal fund, ARPA-Fiscal
 Recovery Fund (25546)  to  the  general  fund,  state  purposes  account
 (10050) to cover eligible costs incurred by the state.
   §  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, 2023:
 S. 8006--C                         283                        A. 9006--C
 
   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 $13,694,000 from
 revenues credited to any of the department of health's  special  revenue
 funds, to the miscellaneous special revenue fund, administration account
 (21982).
   7.  Upon  the  request  of the attorney general, up to $4,000,000 from
 revenues credited to the federal health and human services fund, federal
 health and human services account (25117) or the  miscellaneous  special
 revenue  fund,  recoveries and revenue account (22041), to the miscella-
 neous special revenue fund, litigation  settlement  and  civil  recovery
 account (22117).
   8.  Upon  the request of the commission 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
 appropriate administrative expenses.
   9. Upon the request of the commission 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. On or before March 31, 2023, 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
 S. 8006--C                         284                        A. 9006--C
 
 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, 2023, 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, 2023, 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, 2023.
   §  9.  Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to $1,165,260,416 from the general fund to the state  university  income
 fund, state university general revenue offset account (22655) during the
 period  of  July  1, 2022 through June 30, 2023 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  $48,834,000  from  the  general  fund to the state university income
 fund, state university general revenue offset account (22655) during the
 period of July 1, 2022 to June  30,  2023  for  general  fund  operating
 support  pursuant  to subparagraph (4-b) of paragraph h of subdivision 2
 of section three hundred fifty-five 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 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, 2022 to June 30, 2023 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.
   §  12. 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, 2023.
   §  13. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller, after  consultation
 S. 8006--C                         285                        A. 9006--C
 
 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, 2023.
   §  14.  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 $100 million from each fund.
   §  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 $700 million from the unencumbered balance of any special revenue
 fund or account, agency  fund  or  account,  internal  service  fund  or
 account,  enterprise  fund  or account, or any combination of such funds
 and accounts, to the general fund. The amounts transferred  pursuant  to
 this authorization shall be in addition to any other transfers expressly
 authorized  in  the  2022-23  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.
   §  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 $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
 S. 8006--C                         286                        A. 9006--C
 
 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.
   §  17. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, at the request of the director of the  budget,
 up  to $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.
   §  18. 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, 2022, the proceeds of which will be utilized to
 support energy-related state activities.
   § 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 contribute $913,000 to the state  treasury
 to the credit of the general fund on or before March 31, 2023.
   §  20. 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, 2023 from
 proceeds  collected  by the authority from the auction or sale of carbon
 dioxide emission allowances allocated by the department of environmental
 conservation.
   § 21. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
 amended  by section 20 of part JJJ of chapter 59 of the laws of 2021, 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-one]  TWENTY-TWO, the state comptroller is hereby authorized and
 directed to deposit to the fund created pursuant to  this  section  from
 amounts  collected  pursuant  to  article  twenty-two of the tax law and
 pursuant to a schedule submitted by the director of the  budget,  up  to
 S. 8006--C                         287                        A. 9006--C
 
 [$1,979,457,000] $1,830,985,000, 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-one] TWENTY-TWO.
   §  22.  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, 2023, 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. $456,000 from the miscellaneous special revenue fund, New York city
 veterans' home account (22141).
   4.  $570,000  from  the  miscellaneous  special revenue fund, New York
 state home for veterans' and their dependents at oxford account (22142).
   5. $170,000 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).
   § 23. Subdivision 8 of section 53 of the state finance law, as amended
 by chapter 58 of the laws of 1982, is amended to read as follows:
    8. Notwithstanding the foregoing provisions of this section, in addi-
 tion to the restrictions set forth therein, the governor may authorize a
 transfer  to  the general fund, to a capital projects fund, or to a fund
 established to account for revenues from  the  federal  government  only
 after the approval of:
   (1)  the  temporary president of the senate or the [chairman] CHAIR of
 the senate finance committee (THE "SENATE"); and
   (2) the speaker of the assembly or the [chairman] CHAIR of the  assem-
 bly ways and means committee (THE "ASSEMBLY").
   PROVIDED HOWEVER, IF EITHER THE SENATE OR THE ASSEMBLY FAILS TO AFFIR-
 MATIVELY  DENY OR APPROVE SUCH TRANSFER WITHIN TEN DAYS FROM THE DATE ON
 WHICH THE GOVERNOR PROVIDES NOTIFICATION  OF  SUCH  TRANSFER,  THEN  THE
 TRANSFER SHALL BE DEEMED APPROVED BY BOTH THE SENATE AND THE ASSEMBLY.
   §  24. Subdivision 6 of section 4 of the state finance law, as amended
 by section 25 of part JJ of chapter 56 of the laws of 2020,  is  amended
 to read as follows:
   6.  Notwithstanding  any  law to the contrary, at the beginning of the
 state fiscal year,  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the  credit of a fund and/or an
 account such monies as are identified by the director of the  budget  as
 having been intended for such deposit to support disbursements from such
 fund  and/or  account  made  in pursuance of an appropriation by law. As
 soon as practicable upon enactment of the budget, the  director  of  the
 S. 8006--C                         288                        A. 9006--C
 
 budget  shall,  but  not  less  than  three  days  following preliminary
 submission to the chairs of the senate finance committee and the  assem-
 bly  ways  and means committee, file with the state comptroller an iden-
 tification  of specific monies to be so deposited. Any subsequent change
 regarding the monies to be so deposited shall be filed by  the  director
 of  the  budget,  as  soon  as practicable, but not less than three days
 following preliminary submission to the chairs  of  the  senate  finance
 committee and the assembly ways and means committee.
   All monies identified by the director of the budget to be deposited to
 the  credit of a fund and/or account shall be consistent with the intent
 of the budget for the then current state fiscal year as enacted  by  the
 legislature.
   The provisions of this subdivision shall expire on March thirty-first,
 two thousand [twenty-two] TWENTY-FOUR.
   § 25. Subdivision 4 of section 40 of the state finance law, as amended
 by  section  26 of part JJ of chapter 56 of the laws of 2020, is amended
 to read as follows:
   4. Every appropriation made from a fund or account to a department  or
 agency shall be available for the payment of prior years' liabilities in
 such fund or account for fringe benefits, indirect costs, and telecommu-
 nications  expenses  and  expenses  for  other centralized services fund
 programs without limit. Every appropriation shall also be available  for
 the  payment  of  prior  years'  liabilities  other than those indicated
 above, but only to the extent of one-half of one percent  of  the  total
 amount appropriated to a department or agency in such fund or account.
   The  provisions  of  this subdivision shall expire March thirty-first,
 two thousand [twenty-two] TWENTY-FOUR.
   § 26. Subdivision 2 of section 92-cc of  the  state  finance  law,  as
 amended  by section 12-a of part I of chapter 60 of the laws of 2015, is
 amended to read as follows:
   2. Such fund shall have a maximum balance not to exceed [five] FIFTEEN
 per centum of the aggregate amount projected to be  disbursed  from  the
 general  fund during the fiscal year immediately following the then-cur-
 rent fiscal year. At the request of the  director  of  the  budget,  the
 state comptroller shall transfer monies to the rainy day reserve fund up
 to and including an amount equivalent to [seventy-five one-hundredths of
 one]  THREE per centum of the aggregate amount projected to be disbursed
 from the general fund during the then-current fiscal year,  unless  such
 transfer  would  increase  the  rainy  day  reserve fund to an amount in
 excess of [five] FIFTEEN per centum of the aggregate amount projected to
 be disbursed from the general fund during the  fiscal  year  immediately
 following  the  then-current  fiscal  year, in which event such transfer
 shall be limited to such amount as will increase the rainy  day  reserve
 fund to such [five] FIFTEEN per centum limitation.
   §  27.  Paragraph  (c)  of subdivision 4 of section 99-aa of the state
 finance law, as added by section 22-d of part XXX of chapter 59  of  the
 laws of 2017, is amended to read as follows:
   (c)  At  the  request  of  the director of the budget, the state comp-
 troller shall transfer monies from the general fund to the trust fund up
 to and including an amount equivalent to ONE AND fifty one-hundredths of
 one per centum of the total actuarial accrued liability included in  the
 state of New York comprehensive annual financial report.
   §    28.  Subdivision  4  of section 89-h of the state finance law, as
 amended by chapter 92 of the  laws  of  2021,  is  amended  to  read  as
 follows:
 S. 8006--C                         289                        A. 9006--C
 
   4.  The moneys of the medical cannabis trust fund, following appropri-
 ation by the legislature, shall  be  allocated  upon  a  certificate  of
 approval  of availability by the director of the budget as follows:  (a)
 Twenty-two and five-tenths percent of the monies shall be transferred to
 the  counties  in New York state in which the medical cannabis was manu-
 factured and allocated in proportion to the gross sales originating from
 medical cannabis manufactured in each such county;  (b)  twenty-two  and
 five-tenths  percent  of the moneys shall be transferred to the counties
 in New York state in which the medical cannabis was dispensed and  allo-
 cated  in  proportion  to the gross sales occurring in each such county;
 (c) five percent of the monies shall be transferred  to  the  office  of
 addiction  services and supports, which shall use that revenue for addi-
 tional drug abuse prevention, counseling  and  treatment  services;  (d)
 five  percent  of the revenue received by the department shall be trans-
 ferred to the division of criminal justice  services,  which  shall  use
 that  revenue  for  a program of discretionary grants to state and local
 law enforcement agencies that demonstrate a  need  relating  to  article
 three of the cannabis law; said grants could be used for personnel costs
 of  state and local law enforcement agencies; and (e) forty-five percent
 of the monies shall be [transferred] DEPOSITED to  the  New  York  state
 cannabis revenue fund. For purposes of this subdivision, the city of New
 York shall be deemed to be a county.
   §  28-a. Subdivision 1 of section 4 of section 1 of part D3 of chapter
 62 of the laws of 2003 amending the general business law and other  laws
 relating  to  implementing the state fiscal plan for the 2003-2004 state
 fiscal year, is amended to read as follows:
   1. The state representative, upon the execution of a sale agreement on
 behalf of the state may sell to the corporation, and the corporation may
 purchase, for cash or other consideration and in one  or  more  install-
 ments,  all or a portion of the state's share.  Any such agreement shall
 provide, among other matters, that the purchase  price  payable  by  the
 corporation to the state for such state's share or portion thereof shall
 consist of the net proceeds of the bonds issued to finance such purchase
 price and the residual interests, if any.  [The] NOTWITHSTANDING SECTION
 121 OF THE STATE FINANCE LAW OR ANY OTHER LAW TO THE CONTRARY, THE resi-
 dual  interests  shall  be  deposited  into [the tobacco settlement fund
 pursuant to section 92-x of the  state  finance  law,  unless  otherwise
 directed  by  statute] THE MEDICAID MANAGEMENT INFORMATION SYSTEM (MMIS)
 STATEWIDE ESCROW FUND WITHIN THIRTY DAYS UPON THE AVAILABILITY  OF  SUCH
 RESIDUAL INTERESTS TO FUND A PORTION OF THE CUMULATIVE NON-FEDERAL SHARE
 OF EXPENSES RELATED TO THE STATE TAKEOVER OF THE LOCAL SHARE OF MEDICAID
 GROWTH  PURSUANT  TO  PART  F  OF  CHAPTER 56 OF THE LAWS OF 2012.  SUCH
 DEPOSIT SHALL BE IN AN AMOUNT EQUAL TO (A) THE AMOUNT OF RESIDUAL INTER-
 ESTS SCHEDULED FOR DEPOSIT INTO THE MMIS STATEWIDE ESCROW  FUND  IN  THE
 APPLICABLE  YEAR'S  ENACTED  BUDGET FINANCIAL PLAN AS UPDATED OR (B) THE
 TOTAL AMOUNT OF RESIDUAL INTERESTS AVAILABLE IF THE TOTAL AMOUNT OF SUCH
 RESIDUAL  INTERESTS  IS LESS THAN THE TOTAL AMOUNT OF RESIDUAL INTERESTS
 SCHEDULED  FOR DEPOSIT INTO THE MMIS STATEWIDE ESCROW FUND IN THE APPLI-
 CABLE YEAR'S ENACTED BUDGET FINANCIAL PLAN AS UPDATED. AT THE DISCRETION
 OF THE STATE REPRESENTATIVE, ANY RESIDUAL  INTERESTS   WHICH EXCEED  THE
 AMOUNT  SCHEDULED FOR DEPOSIT INTO THE MMIS STATEWIDE ESCROW FUND IN THE
 APPLICABLE YEAR'S ENACTED BUDGET FINANCIAL PLAN AS UPDATED MAY EITHER BE
 DEPOSITED INTO THE (I) MMIS STATEWIDE ESCROW FUND TO FUND A PORTION,  AS
 DETERMINED  BY  THE  STATE REPRESENTATIVE, OF THE CUMULATIVE NON-FEDERAL
 SHARE  OF  EXPENSES RELATED TO THE STATE TAKEOVER OF THE  LOCAL SHARE OF
 MEDICAID GROWTH, PURSUANT TO PART F OF CHAPTER 56 OF THE LAWS  OF  2012,
 S. 8006--C                         290                        A. 9006--C
 OR  (II)  THE  STATE  GENERAL  FUND; provided, however that any residual
 interest derived from other assets shall be applied as directed by stat-
 ute.  NOTWITHSTANDING ANY OTHER LAW TO THE  CONTRARY,  THE  AMOUNT  USED
 FROM  SUCH DEPOSIT TO FUND A PORTION OF THE CUMULATIVE NON-FEDERAL SHARE
 OF EXPENSES RELATED TO THE STATE TAKEOVER OF THE LOCAL SHARE OF MEDICAID
 GROWTH SHALL BE PAID WITHOUT  APPROPRIATION.  Any  such  sale  shall  be
 pursuant to one or more sale agreements which may contain such terms and
 conditions deemed necessary by the state representative to carry out and
 effectuate the purposes of this section, including covenants binding the
 state  in  favor  of  the  corporation  and its assignees, including the
 owners of its bonds such as covenants with respect to the enforcement at
 the expense of the state of the payment provisions of the master settle-
 ment agreement, the diligent enforcement at the expense of the state  of
 the  qualifying  statute, the application and use of the proceeds of the
 sale of the state's share to preserve the tax-exemption  on  the  bonds,
 the  interest on which is intended to be exempt from federal income tax,
 issued to finance the purchase thereof and otherwise as provided in this
 act. Notwithstanding the foregoing, neither the state representative nor
 the corporation shall be authorized to make any covenant, pledge,  prom-
 ise  or  agreement  purporting to bind the state with respect to pledged
 tobacco revenues, except as otherwise specifically  authorized  by  this
 act.
   §  29.  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.
   § 30. Subdivision 1 of section 16 of part D of chapter 389 of the laws
 of  1997,  relating  to  the  financing  of  the correctional facilities
 improvement fund and the youth facility improvement fund, as amended  by
 section  25 of part JJJ of chapter 59 of the laws of 2021, 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 [nine billion one hundred thir-
 ty-nine million six hundred nineteen  thousand  dollars  $9,139,619,000]
 NINE BILLION FIVE HUNDRED TWO MILLION SEVEN HUNDRED THIRTY-NINE THOUSAND
 S. 8006--C                         291                        A. 9006--C
 
 DOLLARS  $9,502,739,000,  and  shall  include all bonds, notes and other
 obligations issued pursuant to chapter  56  of  the  laws  of  1983,  as
 amended  or  supplemented.  The  proceeds  of such bonds, notes or other
 obligations  shall be paid to the state, for deposit in the correctional
 facilities capital improvement fund to pay for all or any portion of the
 amount or amounts paid by the state from appropriations  or  reappropri-
 ations  made  to the department of corrections and community supervision
 from the correctional facilities capital improvement  fund  for  capital
 projects.  The  aggregate  amount  of  bonds, notes or other obligations
 authorized to be issued pursuant to this section  shall  exclude  bonds,
 notes  or  other  obligations issued to refund or otherwise repay bonds,
 notes or other obligations theretofore issued,  the  proceeds  of  which
 were  paid  to the state for all or a portion of the amounts expended by
 the state from appropriations or reappropriations made to the department
 of corrections and community supervision; provided, however,  that  upon
 any  such refunding or repayment the total aggregate principal amount of
 outstanding bonds, notes or other obligations may be greater than  [nine
 billion  one  hundred  thirty-nine million six hundred nineteen thousand
 dollars $9,139,619,000] NINE BILLION  FIVE  HUNDRED  TWO  MILLION  SEVEN
 HUNDRED THIRTY-NINE THOUSAND DOLLARS $9,502,739,000, 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  obli-
 gations  so to be refunded or repaid. For the purposes hereof, the pres-
 ent 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 refund-
 ing or repayment bonds, notes or  other  obligations  from  the  payment
 dates  thereof to the date of issue of the refunding or repayment bonds,
 notes or other obligations and to  the  price  bid  including  estimated
 accrued interest or proceeds received by the corporation including esti-
 mated accrued interest from the sale thereof.
   §  31.  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 26 of part JJJ of chapter 59 of the laws of 2021, 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  seventy-four million six hundred thousand dollars $374,600,000]
 FOUR  HUNDRED  TWENTY-SIX   MILLION   ONE   HUNDRED   THOUSAND   DOLLARS
 $426,100,000, excluding bonds issued to finance one or more debt service
 reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
 notes issued to refund or otherwise repay such bonds or notes previously
 issued, for the purpose  of  financing  capital  projects  including  IT
 initiatives  for  the division of state police, debt service and leases;
 and to reimburse the state general fund for disbursements made therefor.
 Such bonds and notes of such authorized issuer shall not be  a  debt  of
 the  state, and the state shall not be liable thereon, nor shall they be
 payable out of any funds other than those appropriated by the  state  to
 S. 8006--C                         292                        A. 9006--C
 
 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.
   § 32. Subdivision 3 of section 1285-p of the public  authorities  law,
 as  amended by section 27 of part JJJ of chapter 59 of the laws of 2021,
 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 [seven billion one hundred thirty million ten  thousand
 dollars  $7,130,010,000]  EIGHT  BILLION ONE HUNDRED SEVENTY-ONE MILLION
 ONE HUNDRED TEN THOUSAND  DOLLARS  $8,171,110,000,  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.
   § 33. 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  28 of part JJJ of chapter 59 of the laws of 2021, 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 forty-seven million five hundred thousand  dollars
 $347,500,000]  THREE  HUNDRED EIGHTY-THREE MILLION FIVE HUNDRED THOUSAND
 DOLLARS $383,500,000, 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 previ-
 ously 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 [one billion three hundred eight million six  hundred  eighty-six
 thousand  dollars  $1,308,686,000]  ONE BILLION SIX HUNDRED FOUR MILLION
 NINE HUNDRED EIGHTY-SIX THOUSAND DOLLARS $1,604,986,000, 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 financ-
 ing 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
 S. 8006--C                         293                        A. 9006--C
 
 subdivision (b) of this section, and such bonds and notes shall  contain
 on the face thereof a statement to such effect.
   §  34.  Paragraph  (c) of subdivision 19 of section 1680 of the public
 authorities law, as amended by section 29 of part JJJ of chapter  59  of
 the laws of 2021, 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  [fifteen  billion  five hundred fifty-five million eight hundred
 sixty-four thousand dollars $15,555,864,000] SIXTEEN BILLION SIX HUNDRED
 ELEVEN MILLION FIVE HUNDRED SIXTY-FOUR THOUSAND DOLLARS $16,611,564,000;
 provided, however, that bonds issued or to be issued shall  be  excluded
 from  such  limitation  if:    (1) such bonds are issued to refund state
 university construction bonds and state  university  construction  notes
 previously  issued  by the housing finance agency; or (2) such bonds are
 issued to refund bonds of the authority or other obligations issued  for
 state  university  educational facilities purposes and the present value
 of the aggregate debt service on the refunding bonds does not exceed the
 present value of the aggregate debt service on the bonds refunded there-
 by; provided, further that upon certification by  the  director  of  the
 budget  that the issuance of refunding bonds or other obligations issued
 between April first, nineteen hundred ninety-two and March thirty-first,
 nineteen hundred ninety-three will generate long term economic  benefits
 to  the  state, as assessed on a present value basis, such issuance will
 be deemed to have met the present value test noted above.  For  purposes
 of  this subdivision, the present value of the aggregate debt service of
 the refunding  bonds  and  the  aggregate  debt  service  of  the  bonds
 refunded, shall be calculated by utilizing the true interest cost of the
 refunding  bonds,  which  shall  be that rate arrived at by doubling the
 semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
 discount  the  debt  service  payments  on  the refunding bonds from the
 payment dates thereof to the date of issue of the refunding bonds to the
 purchase price of the refunding bonds, including interest accrued there-
 on prior to the issuance thereof. The maturity of such bonds, other than
 bonds issued to refund outstanding bonds, shall not exceed the  weighted
 average economic life, as certified by the state university construction
 fund,  of  the facilities in connection with which the bonds are issued,
 and in any case not later than the earlier of thirty years or the  expi-
 ration  of  the  term of any lease, sublease or other agreement relating
 thereto; provided that no note, including renewals thereof, shall mature
 later than five years after the date  of  issuance  of  such  note.  The
 legislature  reserves  the  right to amend or repeal such limit, and the
 state of New York, the dormitory authority, the state university of  New
 York,  and  the  state  university construction fund are prohibited from
 covenanting or making any other agreements with or for  the  benefit  of
 bondholders which might in any way affect such right.
   §  35.  Paragraph  (c) of subdivision 14 of section 1680 of the public
 authorities law, as amended by section 30 of part JJJ of chapter  59  of
 the laws of 2021, 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
 S. 8006--C                         294                        A. 9006--C
 
 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 six hundred sixty-one
 million thirty thousand dollars $9,661,030,000] TEN BILLION TWO  HUNDRED
 FIFTY-FOUR    MILLION    SIX   HUNDRED   EIGHTY-SIX   THOUSAND   DOLLARS
 $10,254,686,000. 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.
   §  36. Subdivision 10-a of section 1680 of the public authorities law,
 as amended by section 31 of part JJJ of chapter 59 of the laws of  2021,
 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 sixty-six
 million two hundred fifty-seven  thousand  dollars  $1,066,257,000]  ONE
 BILLION  ONE  HUNDRED  TWENTY-THREE  MILLION  ONE HUNDRED FORTY THOUSAND
 DOLLARS $1,123,140,000. 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.
   § 37. 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 32 of part JJJ of chapter 59 of the laws of 2021, 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 seventy-six
 million fifteen thousand dollars $876,015,000]  NINE  HUNDRED  SIXTY-TWO
 MILLION  SEVEN  HUNDRED  FIFTEEN  THOUSAND  DOLLARS  $962,715,000, which
 authorization increases the aggregate principal amount of  bonds,  notes
 and  other  obligations  authorized  by section 40 of chapter 309 of the
 laws of 1996, and shall include all bonds, notes and  other  obligations
 S. 8006--C                         295                        A. 9006--C
 
 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 improve-
 ment  fund,  to pay for all or any portion of the amount or amounts paid
 by the state from appropriations or reappropriations made to the  office
 of  children  and  family services from the youth facilities improvement
 fund for capital projects. The aggregate  amount  of  bonds,  notes  and
 other obligations authorized to be issued pursuant to this section shall
 exclude  bonds, notes or other obligations issued to refund or otherwise
 repay bonds, notes or other obligations theretofore issued, the proceeds
 of which were paid to the state for all or  a  portion  of  the  amounts
 expended  by  the  state from appropriations or reappropriations made to
 the office of children and family services; provided, however, that upon
 any such refunding or repayment the total aggregate principal amount  of
 outstanding bonds, notes or other obligations may be greater than [eight
 hundred  seventy-six million fifteen thousand dollars $876,015,000] NINE
 HUNDRED  SIXTY-TWO  MILLION  SEVEN  HUNDRED  FIFTEEN  THOUSAND   DOLLARS
 $962,715,000, 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.
   §  38.  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 33 of part JJJ
 of chapter 59 of the laws of 2021, 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
 S. 8006--C                         296                        A. 9006--C
 
 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 [ten billion four hundred seventy-six  million  seven  hundred
 seventy-three thousand dollars $10,476,773,000] TEN BILLION NINE HUNDRED
 FORTY-TWO   MILLION   EIGHT   HUNDRED   THIRTY-THREE   THOUSAND  DOLLARS
 $10,942,833,000, 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 [ten
 billion four hundred seventy-six  million  seven  hundred  seventy-three
 thousand  dollars  $10,476,773,000]  TEN  BILLION NINE HUNDRED FORTY-TWO
 MILLION EIGHT HUNDRED  THIRTY-THREE  THOUSAND  DOLLARS  $10,942,833,000,
 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
 S. 8006--C                         297                        A. 9006--C
 
 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.
   §  39.  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 34 of part JJJ of chapter 59 of the laws of 2021, 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 seventy-two
 million dollars $172,000,000] ONE HUNDRED NINETY-SEVEN  MILLION  DOLLARS
 $197,000,000, 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.
   § 40. 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 35 of part JJJ of chapter 59 of the laws of 2021,  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 [two hundred ninety-three million dollars $293,000,000]
 THREE HUNDRED NINETY-THREE MILLION DOLLARS $393,000,000, 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
 S. 8006--C                         298                        A. 9006--C
 statement  to  such  effect.  Except  for purposes of complying with the
 internal revenue code, any interest income earned on bond proceeds shall
 only be used to pay debt service on such bonds.
   2.  Notwithstanding  any  other  provision  of law to the contrary, in
 order to assist the dormitory authority and the urban development corpo-
 ration in undertaking the financing for project costs for  the  acquisi-
 tion  of equipment, including but not limited to the creation or modern-
 ization of information  technology  systems  and  related  research  and
 development  equipment, health and safety equipment, heavy equipment and
 machinery, the creation or improvement of security systems, and  labora-
 tory  equipment  and  other  state  costs  associated  with such capital
 projects, the director of the budget is hereby authorized to enter  into
 one or more service contracts with the dormitory authority and the urban
 development  corporation,  none  of  which  shall exceed thirty years in
 duration, upon such terms and conditions as the director of  the  budget
 and the dormitory authority and the urban development corporation agree,
 so  as  to  annually  provide  to  the dormitory authority and the urban
 development corporation, in the aggregate, a sum not to exceed the prin-
 cipal, interest, and related expenses required for such bonds and notes.
 Any service contract entered into pursuant to this section shall provide
 that the obligation of the state to  pay  the  amount  therein  provided
 shall  not  constitute  a  debt  of  the state within the meaning of any
 constitutional or statutory provision and shall be deemed executory only
 to the extent of  monies  available  and  that  no  liability  shall  be
 incurred  by  the  state  beyond  the monies available for such purpose,
 subject to annual appropriation by the legislature. Any such contract or
 any payments made or to be made thereunder may be assigned  and  pledged
 by  the  dormitory  authority  and  the urban development corporation as
 security for its bonds and notes, as authorized by this section.
   § 41. 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 36 of part JJJ of chapter 59 of the laws of 2021, 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 [twelve
 billion two hundred sixty million  five  hundred  twenty-eight  thousand
 dollars  $12,260,528,000]    THIRTEEN  BILLION FIFTY-THREE MILLION EIGHT
 HUNDRED EIGHTY-ONE THOUSAND DOLLARS $13,053,881,000 cumulatively by  the
 end of fiscal year [2021-22] 2022-23.  FOR PURPOSES OF THIS SUBDIVISION,
 SUCH PROJECTS SHALL BE DEEMED TO INCLUDE CAPITAL GRANTS TO CITIES, TOWNS
 AND  VILLAGES  FOR  THE REIMBURSEMENT OF ELIGIBLE CAPITAL COSTS OF LOCAL
 HIGHWAY AND BRIDGE PROJECTS WITHIN SUCH MUNICIPALITY, WHERE  ALLOCATIONS
 TO  CITIES, TOWNS AND VILLAGES ARE BASED ON THE TOTAL NUMBER OF NEW YORK
 OR UNITED STATES OR INTERSTATE SIGNED TOURING ROUTE MILES FOR WHICH SUCH
 MUNICIPALITY HAS CAPITAL  MAINTENANCE  RESPONSIBILITY,  AND  WHERE  SUCH
 ELIGIBLE  CAPITAL  COSTS INCLUDE THE COSTS OF CONSTRUCTION AND REPAIR OF
 HIGHWAYS, BRIDGES, HIGHWAY-RAILROAD CROSSINGS, AND OTHER  TRANSPORTATION
 FACILITIES FOR PROJECTS WITH A SERVICE LIFE OF TEN YEARS OR MORE.
 S. 8006--C                         299                        A. 9006--C
   §  42.  Subdivision 1 of section 1689-i of the public authorities law,
 as amended by section 37 of part JJJ of chapter 59 of the laws of  2021,
 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  ninety-nine  million
 dollars   $299,000,000]   THREE  HUNDRED  THIRTY-THREE  MILLION  DOLLARS
 $333,000,000.
   § 43. 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 38 of part JJJ of chapter 59 of the laws of 2021,  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,
 ATHLETIC  FACILITIES FOR PROFESSIONAL FOOTBALL IN ORCHARD PARK, NEW YORK
 and other state costs associated with such projects. The aggregate prin-
 cipal amount of bonds authorized to be issued pursuant to  this  section
 shall  not  exceed  [eleven billion two hundred seventy-nine million two
 hundred two thousand  dollars  $11,279,202,000]  FOURTEEN  BILLION  NINE
 HUNDRED   SIXTY-EIGHT   MILLION   FOUR   HUNDRED  TWO  THOUSAND  DOLLARS
 $14,968,402,000, 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 corpo-
 ration 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
 S. 8006--C                         300                        A. 9006--C
 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,
 ATHLETIC  FACILITIES FOR PROFESSIONAL FOOTBALL IN ORCHARD PARK, NEW YORK
 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.
 S. 8006--C                         301                        A. 9006--C
 
   § 44. Subdivision 1 of section 386-b of the public authorities law, as
 amended by section 39 of part JJJ of chapter 59 of the laws of 2021,  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 [eight
 billion eight hundred thirty-nine million nine hundred sixty-three thou-
 sand dollars $8,839,963,000] TEN BILLION ONE HUNDRED FORTY-SEVEN MILLION
 EIGHT  HUNDRED  SIXTY-THREE  THOUSAND DOLLARS $10,147,863,000, 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.
   §  45.  Paragraph  (a) of subdivision 2 of section 47-e of the private
 housing finance law, as amended by section 40 of part JJJ of chapter  59
 of the laws of 2021, 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  [seven  billion  five  hundred
 forty-five  million  one  hundred seven thousand dollars $7,545,107,000]
 THIRTEEN BILLION EIGHTY-TWO MILLION EIGHT  HUNDRED  NINETY-ONE  THOUSAND
 DOLLARS $13,082,891,000, 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
 S. 8006--C                         302                        A. 9006--C
 
 state to appropriate or pay the agreed amount under any of the contracts
 provided for in subdivision four of this section.
   §  46.  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 41 of part JJJ of chapter 59 of the
 laws of 2021, 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, NATIVE AMERICAN INDIAN NATION SCHOOLS, 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  [two hundred thirty-six million dollars $236,000,000] THREE
 HUNDRED ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS $301,700,000, exclud-
 ing 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.
   § 47. 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 42 of part JJJ of chapter  59  of  the
 laws of 2021, 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 [nine hundred  seventy-
 four  million  two hundred fifty-four thousand dollars $974,254,000] ONE
 BILLION ONE HUNDRED FIFTY-TWO MILLION FIVE  HUNDRED  SIXTY-SIX  THOUSAND
 DOLLARS  $1,152,566,000  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.  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.
 S. 8006--C                         303                        A. 9006--C
 
   § 48. Paragraph (b) of subdivision 1 of  section  385  of  the  public
 authorities  law,  as amended by section 43 of part JJJ of chapter 59 of
 the laws of 2021, 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 [eighteen billion one  hundred  fifty
 million  dollars  $18,150,000,000] NINETEEN BILLION SEVEN HUNDRED SEVEN-
 TY-SIX MILLION NINE HUNDRED  TWENTY  THOUSAND  DOLLARS  $19,776,920,000,
 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 pursuant 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.
   § 49. Subdivision 1 of section 386-a of the public authorities law, as
 amended  by section 44 of part JJJ of chapter 59 of the laws of 2021, 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 twelve billion  five
 S. 8006--C                         304                        A. 9006--C
 
 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  develop-
 ment  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. Notwithstanding any other provision of law to the
 contrary, including the limitations contained  in  subdivision  four  of
 section  sixty-seven-b of the state finance law, (A) any bonds and notes
 issued prior to April  first,  two  thousand  [twenty-two]  TWENTY-THREE
 pursuant  to this section may be issued with a maximum maturity of fifty
 years, and (B) any bonds issued to refund such bonds and  notes  may  be
 issued  with  a maximum maturity of fifty years from the respective date
 of original issuance of such bonds and notes.
   § 50. Subdivision 1 of section 1680-r of the public  authorities  law,
 as  amended by section 47 of part JJJ of chapter 59 of the laws of 2021,
 is amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the dormitory authority and the urban development corporation are hereby
 authorized to issue bonds or notes in one or more series for the purpose
 of funding project costs for the capital restructuring financing program
 for  health  care and related facilities licensed pursuant to the public
 health law or the mental hygiene law and other  state  costs  associated
 with  such  capital  projects,  the  health care facility transformation
 programs, the essential health care provider program, and  other  health
 care  capital  project  costs.  The  aggregate principal amount of bonds
 authorized to be issued pursuant to this section shall not exceed [three
 billion fifty-three million dollars  $3,053,000,000]  FOUR  BILLION  SIX
 HUNDRED  FIFTY-THREE  MILLION  DOLLARS  $4,653,000,000,  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.
   §  51.  Subdivision 1 of section 1680-k of the public authorities law,
 as amended by section 62 of part BBB of chapter 59 of the laws of  2018,
 is amended to read as follows:
   1.  Subject to the provisions of chapter fifty-nine of the laws of two
 thousand, but notwithstanding any provisions of law to the contrary, the
 dormitory authority is hereby authorized to issue bonds or notes in  one
 or  more  series  in  an  aggregate principal amount not to exceed forty
 million [seven hundred fifteen thousand dollars]  EIGHT  HUNDRED  THIRTY
 S. 8006--C                         305                        A. 9006--C
 
 THOUSAND  DOLLARS ($40,830,000) 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 the construction
 of the New York state agriculture and markets food laboratory.  Eligible
 project  costs  may  include,  but not be limited to the cost of design,
 financing, site investigations, site acquisition and preparation,  demo-
 lition,  construction,  rehabilitation,  acquisition  of  machinery  and
 equipment, and infrastructure improvements. Such bonds and notes of such
 authorized issuers shall not be a debt of the state, and the state shall
 not be liable thereon, nor shall they be payable out of any funds  other
 than those appropriated by the state to such authorized issuers for debt
 service  and  related expenses pursuant to any service contract executed
 pursuant to subdivision two of this section and  such  bonds  and  notes
 shall contain on the face thereof a statement to such effect. Except for
 purposes  of  complying  with  the  internal  revenue code, any interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   § 52. Paragraph (b) of subdivision 3 and clause  (B)  of  subparagraph
 (iii)  of paragraph (j) of subdivision 4 of section 1 of part D of chap-
 ter 63 of the laws of 2005 relating to the composition and  responsibil-
 ities  of  the  New  York  state higher education capital matching grant
 board, as amended by section 7 of part K of chapter 39 of  the  laws  of
 2019, are amended to read as follows:
   (b)  Within amounts appropriated therefor, the board is hereby author-
 ized and directed to  award  matching  capital  grants  totaling  [three
 hundred  million dollars, $300,000,000] THREE HUNDRED FORTY-FIVE MILLION
 DOLLARS $345,000,000. Each college shall be eligible for a  grant  award
 amount as determined by the calculations pursuant to subdivision five of
 this  section.  In  addition, such colleges shall be eligible to compete
 for additional funds pursuant to paragraph (h) of  subdivision  four  of
 this section.
   (B)  The  dormitory authority shall not issue any bonds or notes in an
 amount in excess of [three hundred million dollars, $300,000,000]  THREE
 HUNDRED FORTY-FIVE MILLION DOLLARS $345,000,000 for the purposes of this
 section; excluding bonds or notes  issued  to  fund  one  or  more  debt
 service reserve funds, to pay costs of issuance of such bonds, and bonds
 or  notes issued to refund or otherwise repay such bonds or notes previ-
 ously issued. Except for purposes of complying with the internal revenue
 code, any interest on bond proceeds shall  only  be  used  to  pay  debt
 service on such bonds.
   §  53.  Subdivision 1 of section 51 of section 1 of chapter 174 of the
 laws of 1968, constituting the New York state urban  development  corpo-
 ration  act, as amended by section 42-c of part XXX of chapter 59 of the
 laws of 2017, is amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the dormitory authority and the urban development corporation are hereby
 authorized to issue bonds or notes in one or more series for the purpose
 of  funding  project  costs  for  the  nonprofit  infrastructure capital
 investment program and other state costs associated  with  such  capital
 projects.  The  aggregate  principal  amount  of  bonds authorized to be
 issued pursuant to this section shall not  exceed  [one  hundred  twenty
 million  dollars]  ONE  HUNDRED  SEVENTY  MILLION  DOLLARS $170,000,000,
 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
 S. 8006--C                         306                        A. 9006--C
 
 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.
   § 54. 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 54-b to read as follows:
   §  54-B.  PERSONAL  INCOME TAX NOTES.   1. FINDINGS AND DECLARATION OF
 NEED. (A) THE STATE OF NEW YORK FINDS AND DETERMINES THAT SHORTFALLS  IN
 THE  STATE'S  FINANCIAL  PLAN  ARISING  FROM ADVERSE ECONOMIC AND FISCAL
 EVENTS AND RISKS, DISASTERS AND EMERGENCIES, INCLUDING BUT  NOT  LIMITED
 TO, PUBLIC HEALTH EMERGENCIES, MAY OCCUR OR DEVELOP, AND THAT THE FINAN-
 CIAL  IMPACT  OF  SUCH EVENTS, RISKS, DISASTERS AND EMERGENCIES COULD BE
 PRUDENTLY MITIGATED BY CERTAIN FISCAL MANAGEMENT AUTHORIZATION  MEASURES
 BEING 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 PERSONAL INCOME TAX REVENUE ANTICIPATION NOTES WITH
 A MATURITY NO LATER THAN MARCH 31, 2023, IN ONE OR  MORE  SERIES  IN  AN
 AGGREGATE  PRINCIPAL  AMOUNT  FOR  EACH  FISCAL YEAR NOT TO EXCEED THREE
 BILLION DOLLARS, AND TO PAY COSTS OF ISSUANCE OF  SUCH  NOTES,  FOR  THE
 PURPOSE  OF  TEMPORARILY  FINANCING  BUDGETARY  NEEDS OF THE STATE. 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 AUTHORIZED
 BY  THIS  PARAGRAPH.  SUCH  NOTES  SHALL  NOT  BE  RENEWED,  EXTENDED OR
 REFUNDED. FOR SO LONG AS ANY NOTES AUTHORIZED BY THIS PARAGRAPH SHALL BE
 OUTSTANDING, THE RESTRICTIONS, LIMITATIONS AND REQUIREMENTS CONTAINED IN
 ARTICLE FIVE-B OF THE STATE FINANCE LAW SHALL NOT APPLY.
   (C) SUCH 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  DEBT
 SERVICE  AND  RELATED  EXPENSES  PURSUANT  TO  ANY  FINANCING  AGREEMENT
 DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION,  AND  SUCH  NOTES  SHALL
 CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT. SUCH NOTES SHALL
 BE  ISSUED  ON  A  SUBORDINATE BASIS AND SHALL BE SECURED BY SUBORDINATE
 PAYMENTS FROM THE REVENUE BOND TAX FUND ESTABLISHED PURSUANT TO  SECTION
 NINETY-TWO-Z  OF THE STATE FINANCE LAW. EXCEPT FOR PURPOSES OF COMPLYING
 WITH THE INTERNAL REVENUE CODE,  ANY  INTEREST  INCOME  EARNED  ON  NOTE
 PROCEEDS  SHALL  ONLY  BE USED TO PAY DEBT SERVICE ON SUCH NOTES. ALL OF
 THE PROVISIONS OF THE STATE FINANCE LAW, THE DORMITORY AUTHORITY ACT AND
 THIS ACT RELATING TO NOTES AND BONDS WHICH ARE NOT INCONSISTENT WITH THE
 PROVISIONS OF THIS SECTION SHALL APPLY TO NOTES AUTHORIZED BY  PARAGRAPH
 (B)  OF  THIS  SUBDIVISION,  INCLUDING  BUT  NOT LIMITED TO THE POWER TO
 ESTABLISH ADEQUATE RESERVES THEREFOR,  SUBJECT  TO  THE  FINAL  MATURITY
 LIMITATION  FOR  SUCH  NOTES SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVI-
 SION. THE ISSUANCE OF ANY NOTES AUTHORIZED  BY  PARAGRAPH  (B)  OF  THIS
 S. 8006--C                         307                        A. 9006--C
 
 SUBDIVISION  SHALL FURTHER BE SUBJECT TO THE APPROVAL OF THE DIRECTOR OF
 THE DIVISION OF THE BUDGET.
   (D)  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY
 BUT SUBJECT TO THE LIMITATIONS CONTAINED IN PARAGRAPH (B) OF THIS SUBDI-
 VISION, IN ORDER TO ASSIST THE DORMITORY AUTHORITY AND  THE  CORPORATION
 IN  UNDERTAKING  THE  ADMINISTRATION  AND  FINANCING  OF SUCH NOTES, THE
 DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO SUPPLEMENT  ANY  EXISTING
 FINANCING AGREEMENT WITH THE DORMITORY AUTHORITY AND/OR THE CORPORATION,
 OR  TO ENTER INTO A NEW FINANCING AGREEMENT WITH THE DORMITORY AUTHORITY
 AND/OR THE CORPORATION, UPON SUCH TERMS AND CONDITIONS AS  THE  DIRECTOR
 OF  THE  BUDGET  AND  THE  DORMITORY AUTHORITY AND THE CORPORATION SHALL
 AGREE, SO AS TO PROVIDE TO THE DORMITORY AUTHORITY AND THE  CORPORATION,
 A  SUM  NOT  TO  EXCEED  THE  DEBT SERVICE PAYMENTS AND RELATED EXPENSES
 REQUIRED FOR ANY NOTES ISSUED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
 SION.  ANY FINANCING AGREEMENT SUPPLEMENTED OR 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  PURPOSES,  SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY
 SUCH FINANCING AGREEMENT OR ANY PAYMENTS MADE OR TO BE  MADE  THEREUNDER
 MAY  BE  ASSIGNED  OR  PLEDGED BY THE DORMITORY AUTHORITY AND THE CORPO-
 RATION AS SECURITY FOR THE NOTES AUTHORIZED BY  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION.
   (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 ISSUANCE OF  PERSONAL  INCOME  TAX  REVENUE  ANTICIPATION  NOTES
 ISSUED  BY THE DORMITORY AUTHORITY AND THE CORPORATION PURSUANT TO PARA-
 GRAPH (B) OF THIS SUBDIVISION.
   (F) NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE  CONTRA-
 RY,  THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE
 CREDIT OF THE GENERAL FUND, ALL PROCEEDS OF PERSONAL INCOME TAX  REVENUE
 ANTICIPATION  NOTES  ISSUED  BY THE DORMITORY AUTHORITY AND THE NEW YORK
 STATE URBAN DEVELOPMENT CORPORATION PURSUANT TO PARAGRAPH  (B)  OF  THIS
 SUBDIVISION.
   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 SECTION SHALL BE
 CONTROLLING.
   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.
   § 55. 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 55-b to read as follows:
 S. 8006--C                         308                        A. 9006--C
 
   §  55-B.  LINE  OF  CREDIT  FACILITIES. 1. FINDINGS AND DECLARATION OF
 NEED.  (A) THE STATE OF NEW YORK FINDS AND DETERMINES THAT SHORTFALLS IN
 THE STATE'S FINANCIAL PLAN ARISING  FROM  ADVERSE  ECONOMIC  AND  FISCAL
 EVENTS  AND  RISKS, DISASTERS AND EMERGENCIES, INCLUDING BUT NOT LIMITED
 TO, PUBLIC HEALTH EMERGENCIES, MAY OCCUR OR DEVELOP, AND THAT THE FINAN-
 CIAL  IMPACT  OF  SUCH EVENTS, RISKS, DISASTERS AND EMERGENCIES COULD BE
 PRUDENTLY MITIGATED BY CERTAIN FISCAL MANAGEMENT AUTHORIZATION  MEASURES
 BEING LEGISLATIVELY AUTHORIZED AND ESTABLISHED.
   (B) DEFINITIONS.  WHEN USED IN THIS SUBDIVISION:
   (I)  "LINE OF CREDIT FACILITY" SHALL MEAN ONE OR MORE REVOLVING CREDIT
 COMMITMENT ARRANGEMENTS BETWEEN THE DORMITORY AUTHORITY OF THE STATE  OF
 NEW  YORK  AND/OR  THE  URBAN DEVELOPMENT CORPORATION WITH AN INDIVIDUAL
 FINANCIAL INSTITUTION OR A CONSORTIUM OF FINANCIAL INSTITUTIONS FOR  THE
 PURPOSE  OF  ASSISTING  THE  STATE  TO TEMPORARILY FINANCE ITS BUDGETARY
 NEEDS.
   (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, THE DORMITORY  AUTHORITY
 OF  THE  STATE  OF  NEW  YORK  AND THE URBAN DEVELOPMENT CORPORATION ARE
 AUTHORIZED UNTIL MARCH 31, 2023 TO: (I) ENTER INTO ONE OR MORE  LINE  OF
 CREDIT  FACILITIES  NOT  IN  EXCESS  OF TWO BILLION DOLLARS IN AGGREGATE
 PRINCIPAL AMOUNT; (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; PROVIDED, HOWEVER,
 THAT  THE  TOTAL  PRINCIPAL  AMOUNTS  OF SUCH DRAWS FOR EACH FISCAL YEAR
 SHALL NOT EXCEED TWO BILLION DOLLARS; AND (III) SECURE REPAYMENT OF  ALL
 DRAWS  UNDER  SUCH  LINE OF CREDIT FACILITIES AND THE PAYMENT OF RELATED
 EXPENSES AND FEES, WHICH REPAYMENT AND  PAYMENT  OBLIGATIONS  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 LEGISLA-
 TURE. ANY LINE OF CREDIT FACILITY AGREEMENTS ENTERED INTO BY THE  DORMI-
 TORY  AUTHORITY  OF  THE  STATE OF NEW YORK AND/OR THE URBAN DEVELOPMENT
 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 DESIRA-
 BLE FOR THE ESTABLISHMENT OF SUCH CREDIT FACILITIES. THE MAXIMUM TERM OF
 ANY LINE OF CREDIT FACILITY SHALL BE ONE YEAR FROM THE  DATE  OF  INCUR-
 RENCE; PROVIDED HOWEVER THAT NO DRAW ON ANY SUCH LINE OF CREDIT FACILITY
 SHALL  OCCUR  AFTER  MARCH  31, 2023, AND PROVIDED FURTHER THAT ANY SUCH
 LINE OF CREDIT FACILITY WHOSE TERM EXTENDS BEYOND MARCH 31,  2023  SHALL
 BE SUPPORTED BY SUFFICIENT APPROPRIATION AUTHORITY ENACTED BY THE LEGIS-
 LATURE  THAT PROVIDES FOR THE REPAYMENT OF ALL AMOUNTS DRAWN AND REMAIN-
 ING UNPAID AS OF MARCH 31, 2023, AS  WELL  AS  THE  PAYMENT  OF  RELATED
 EXPENSES AND FEES INCURRED AND TO BECOME DUE AND PAYABLE BY THE DORMITO-
 RY  AUTHORITY  OF  THE  STATE  OF  NEW YORK AND/OR THE URBAN DEVELOPMENT
 CORPORATION.
 S. 8006--C                         309                        A. 9006--C
 
   (D) NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE  CONTRA-
 RY,  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 (C) OF THIS SUBDIVISION.
   (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR SO
 LONG AS ANY AMOUNTS UNDER A LINE OF CREDIT FACILITY AUTHORIZED BY  PARA-
 GRAPH  (C)  OF  THIS SUBDIVISION ARE DUE AND PAYABLE, SUCH AMOUNTS SHALL
 NOT CONSTITUTE NOR BE TREATED AS STATE-SUPPORTED DEBT  FOR  PURPOSES  OF
 ARTICLE  5-B  OF  THE  STATE  FINANCE  LAW.    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 LINE OF CREDIT  FACILITY  ESTABLISHED  IN  ACCORDANCE
 WITH THE AUTHORIZATION CONTAINED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   (F) EACH DRAW ON A LINE OF CREDIT FACILITY AUTHORIZED BY PARAGRAPH (C)
 OF  THIS SUBDIVISION SHALL ONLY BE MADE IF THE SERVICE CONTRACT OR OTHER
 AGREEMENT ENTERED INTO IN CONNECTION WITH SUCH LINE OF  CREDIT  FACILITY
 IS SUPPORTED BY SUFFICIENT APPROPRIATION AUTHORITY ENACTED BY THE LEGIS-
 LATURE  TO  REPAY THE AMOUNT OF THE DRAW AND TO PAY THE RELATED EXPENSES
 AND FEES TO BECOME DUE AND PAYABLE. AMOUNTS REPAID UNDER A LINE OF CRED-
 IT FACILITY MAY BE RE-BORROWED 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  THAT
 PROVIDES  FOR  THE  REPAYMENT  OF  ANY  SUCH RE-BORROWED AMOUNTS AND THE
 PAYMENT OF THE 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 PARA-
 GRAPH  (C)  OF  THIS SUBDIVISION AND THE PAYMENT OF THE RELATED EXPENSES
 AND FEES BEYOND THE MONEYS RECEIVED FOR SUCH PURPOSE UNDER  ANY  SERVICE
 CONTRACT OR OTHER AGREEMENT AUTHORIZED BY PARAGRAPH (G) OF THIS SUBDIVI-
 SION.
   (G) THE DIRECTOR OF THE BUDGET IS AUTHORIZED TO ENTER INTO ONE OR MORE
 SERVICE  CONTRACTS  OR  OTHER AGREEMENTS, NONE OF WHICH SHALL EXCEED ONE
 YEAR 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 AGREEMENT ENTERED INTO PURSUANT TO THIS PARA-
 GRAPH SHALL PROVIDE FOR STATE COMMITMENTS TO  PROVIDE  ANNUALLY  TO  THE
 DORMITORY  AUTHORITY  OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOP-
 MENT 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  CORPO-
 RATION,  TO  FUND  THE  PAYMENT OF ALL AMOUNTS TO BECOME DUE AND PAYABLE
 UNDER ANY LINE OF CREDIT FACILITY. ANY SUCH SERVICE  CONTRACT  OR  OTHER
 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.
 S. 8006--C                         310                        A. 9006--C
 
   (H) ANY SERVICE CONTRACT OR OTHER AGREEMENT ENTERED INTO  PURSUANT  TO
 PARAGRAPH  (G)  OF  THIS  SUBDIVISION OR ANY PAYMENTS MADE OR TO BE MADE
 THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE DORMITORY 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 FINAN-
 CIAL INSTITUTIONS IN CONNECTION WITH A LINE OF CREDIT  FACILITY  AUTHOR-
 IZED BY PARAGRAPH (C) OF THIS SUBDIVISION.
   (I)  IN  ADDITION  TO  THE  FOREGOING, THE DIRECTOR OF THE BUDGET, THE
 DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND THE  URBAN  DEVELOPMENT
 CORPORATION SHALL EACH BE AUTHORIZED TO ENTER INTO SUCH OTHER AGREEMENTS
 AND  TO  TAKE OR CAUSE TO BE TAKEN SUCH ADDITIONAL ACTIONS AS ARE NECES-
 SARY OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THE TRANSACTIONS CONTEM-
 PLATED BY A LINE OF CREDIT FACILITY AND THE RELATED SERVICE CONTRACT  OR
 OTHER  AGREEMENT,  SUBJECT TO THE LIMITATIONS AND RESTRICTIONS SET FORTH
 IN THIS SUBDIVISION.
   (J) NO LATER THAN SEVEN DAYS AFTER A DRAW OCCURS ON A 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.
   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.
   §  56.  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 58 to read as follows:
   § 58. GATEWAY PROJECT. 1. FINDINGS AND DECLARATION OF NEED. THE  STATE
 OF  NEW YORK FINDS AND DETERMINES THAT PROVIDING FUNDING FOR THE PASSEN-
 GER RAIL TRANSPORTATION PROJECT COMMONLY KNOWN AS THE  GATEWAY  PROJECT,
 IS  NEEDED  TO PRESERVE AND IMPROVE THE FUNCTIONALITY AND STRENGTHEN THE
 RESILIENCY OF LONG-DISTANCE AND COMMUTER RAIL INFRASTRUCTURE BETWEEN THE
 STATE OF NEW YORK AND THE STATE OF NEW JERSEY.
   2. DEFINITIONS. WHEN USED IN THIS SECTION:
   "COMMISSION" SHALL MEAN THE GATEWAY DEVELOPMENT COMMISSION, A BI-STATE
 COMMISSION AND A BODY CORPORATE AND POLITIC ESTABLISHED BY THE STATE  OF
 NEW  JERSEY AND THE STATE OF NEW YORK, ACTING IN THE PUBLIC INTEREST AND
 EXERCISING ESSENTIAL GOVERNMENTAL FUNCTIONS IN ACCORDANCE WITH THE GATE-
 WAY DEVELOPMENT COMMISSION ACT, AND ANY SUCCESSOR THERETO.
   "FEDERAL TRANSPORTATION LOAN" SHALL MEAN ONE OR MORE LOANS MADE TO THE
 COMMISSION TO FINANCE THE HUDSON TUNNEL PROJECT UNDER OR PURSUANT TO ANY
 U.S.  DEPARTMENT OF TRANSPORTATION PROGRAM OR  ACT,  INCLUDING  BUT  NOT
 LIMITED  TO  THE RAILROAD REHABILITATION & IMPROVEMENT FINANCING PROGRAM
 OR THE TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION  ACT,  WHICH
 LOAN OR LOANS ARE RELATED TO THE STATE CAPITAL COMMITMENT.
 S. 8006--C                         311                        A. 9006--C
 
   "GATEWAY  DEVELOPMENT  COMMISSION  ACT"  SHALL MEAN CHAPTER 108 OF THE
 LAWS OF NEW YORK, 2019, AS AMENDED.
   "GATEWAY PROJECT" SHALL MEAN THE HUDSON TUNNEL PROJECT.
   "HUDSON   TUNNEL   PROJECT"  SHALL  MEAN  THE  PROJECT  CONSISTING  OF
 CONSTRUCTION OF A TUNNEL CONNECTING THE  STATES  OF  NEW  YORK  AND  NEW
 JERSEY  AND  THE  COMPLETION  OF  CERTAIN ANCILLARY FACILITIES INCLUDING
 CONSTRUCTION OF CONCRETE CASING AT HUDSON YARDS IN MANHATTAN,  NEW  YORK
 AND THE REHABILITATION OF THE EXISTING NORTH RIVER TUNNELS.
   "STATE  CAPITAL  COMMITMENT"  SHALL MEAN AN AGGREGATE PRINCIPAL AMOUNT
 NOT TO EXCEED $2,350,000,000, PLUS ANY INTEREST COSTS,  INCLUDING  CAPI-
 TALIZED  INTEREST, AND RELATED EXPENSES AND FEES PAYABLE BY THE STATE OF
 NEW YORK TO THE COMMISSION UNDER ONE OR MORE SERVICE CONTRACTS OR  OTHER
 AGREEMENTS  PURSUANT  TO  THIS  SECTION,  AS WELL AS ANY EXPENSES OF THE
 STATE INCURRED IN CONNECTION THEREWITH.
   "RELATED EXPENSES AND FEES"  SHALL  MEAN  COMMITMENT  FEES  AND  OTHER
 ANCILLARY COSTS, EXPENSES AND FEES INCURRED, AND TO BECOME DUE AND PAYA-
 BLE,  BY  THE  COMMISSION  IN CONNECTION WITH THE FEDERAL TRANSPORTATION
 LOAN.
   3. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  IN
 ORDER  TO  PROVIDE FOR THE PAYMENT FOR THE STATE CAPITAL COMMITMENT, THE
 DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO  ONE  OR  MORE
 SERVICE CONTRACTS OR OTHER AGREEMENTS WITH THE COMMISSION, NONE OF WHICH
 SHALL  EXCEED  THE  MAXIMUM DURATION OF THE FEDERAL TRANSPORTATION LOAN,
 UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND COMMIS-
 SION AGREE, SO AS TO PROVIDE TO THE COMMISSION, FOR  EACH  STATE  FISCAL
 YEAR,  A  SUM  NOT  TO EXCEED THE AMOUNT REQUIRED FOR THE PAYMENT OF THE
 STATE CAPITAL COMMITMENT FOR SUCH FISCAL YEAR. ANY SUCH SERVICE CONTRACT
 OR OTHER AGREEMENT 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,  THAT
 NO  LIABILITY SHALL BE INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE
 FOR SUCH PURPOSE, AND THAT SUCH OBLIGATION IS SUBJECT TO  ANNUAL  APPRO-
 PRIATION  BY  THE LEGISLATURE. ANY SUCH SERVICE CONTRACT OR OTHER AGREE-
 MENT AND ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED  AND
 PLEDGED  BY  THE COMMISSION AS SECURITY FOR THE REPAYMENT BY THE COMMIS-
 SION OF THE FEDERAL TRANSPORTATION LOAN.
   4. THE DIRECTOR OF THE BUDGET IS ALSO 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
 TRANSACTIONS  CONTEMPLATED  BY THE STATE CAPITAL COMMITMENT PROVIDED FOR
 HEREIN AND THE SERVICE CONTRACT OR OTHER AGREEMENT AUTHORIZED BY  SUBDI-
 VISION 3 OF THIS SECTION.
   §  57.  Subdivisions  4 and 5 of section 16 of part T of chapter 57 of
 the laws of 2007,   relating to  providing  for  the  administration  of
 certain  funds  and  accounts  related  to  the  2007-2008  budget,  are
 REPEALED.
   § 58. 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, 2023, the following amounts from
 the following special revenue accounts or enterprise funds to the gener-
 al fund, for the  purposes of offsetting principal and  interest  costs,
 incurred  by  the  state  pursuant  to  section  fifty-nine of this act,
 provided that the annual amount of the transfer shall be  no  more  than
 the  principal  and  interest  that would have otherwise been due to the
 power authority of the state of New York, from any state  agency,  in  a
 S. 8006--C                         312                        A. 9006--C
 
 given state fiscal year.  Amounts pertaining to special revenue accounts
 assigned  to the state university of New York shall be considered inter-
 changeable between the designated special revenue accounts  as  to  meet
 the requirements of this section and section fifty-nine of this act:
   1.  $7,000,000  from  the  miscellaneous  special  revenue fund, state
 university general income reimbursable account (22653).
   2. $7,000,000 from  the  miscellaneous  special  revenue  fund,  state
 university dormitory income reimbursable account (21937).
   3. $4,000,000 from the enterprise fund, city university senior college
 operating fund (60851).
   §  59.  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 59 to read as follows:
   § 59. THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, THE  NEW  YORK
 STATE  URBAN  DEVELOPMENT  CORPORATION,  AND  THE NEW YORK STATE THRUWAY
 AUTHORITY ARE HEREBY AUTHORIZED TO ISSUE BONDS IN  ONE  OR  MORE  SERIES
 UNDER EITHER ARTICLE 5-C OR ARTICLE 5-F OF THE STATE FINANCE LAW FOR THE
 PURPOSE  OF REFUNDING OBLIGATIONS OF THE POWER AUTHORITY OF THE STATE OF
 NEW YORK TO FUND ENERGY EFFICIENCY PROJECTS AT STATE AGENCIES INCLUDING,
 BUT NOT LIMITED TO, THE STATE UNIVERSITY OF NEW YORK, CITY UNIVERSITY OF
 NEW YORK, THE NEW YORK STATE OFFICE OF GENERAL SERVICES, NEW YORK  STATE
 OFFICE  OF MENTAL HEALTH, STATE EDUCATION DEPARTMENT, AND NEW YORK STATE
 DEPARTMENT OF AGRICULTURE AND MARKETS.  THE AGGREGATE  PRINCIPAL  AMOUNT
 OF  BONDS  AUTHORIZED  TO  BE  ISSUED PURSUANT TO THIS SECTION SHALL NOT
 EXCEED TWO  HUNDRED  MILLION  DOLLARS  ($200,000,000),  EXCLUDING  BONDS
 ISSUED TO PAY COSTS OF ISSUANCE OF SUCH BONDS AND TO REFUND OR OTHERWISE
 REPAY  SUCH  BONDS.  SUCH BONDS ISSUED BY THE DORMITORY AUTHORITY OF THE
 STATE OF NEW YORK, THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION, AND
 NEW YORK STATE THRUWAY AUTHORITY 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 UNDER  ARTICLE  5-C
 OR ARTICLE 5-F OF THE STATE FINANCE LAW, AS APPLICABLE.
   §  60.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022; provided,
 however, that the provisions of sections one, one-a, two,  three,  four,
 five,  six,  seven,  eight, thirteen, fourteen, fifteen, sixteen, seven-
 teen, eighteen, nineteen, twenty, twenty-two, and twenty-three  of  this
 act  shall  expire  March 31, 2023 when upon such date the provisions of
 such sections shall be deemed  repealed;  provided,  further,  that  the
 amendments  to  section  89-h  of  the state finance law made by section
 twenty-eight of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith; and provided, further, that  section
 twenty-eight-a of this act shall expire March 31, 2027.
   § 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 FFF of this act shall
 be as specifically set forth in the last section of such Parts.