S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8305                                                  A. 8805
 
                       S E N A T E - A S S E M B L Y
 
                             January 17, 2024
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to  amend  the  penal law, in relation to assault in the second
   degree of a retail worker  (Part  A);  to  amend  the  penal  law,  in
   relation  to  establishing  the  crime of fostering the sale of stolen
   goods (Part B); to amend the  penal  law,  in  relation  to  specified
   offenses  that  constitute  a  hate  crime  (Part  C); relating to the
   closure of correctional facilities; and providing for  the  repeal  of
   such provisions upon the expiration thereof (Part D); to amend the tax
   law,  in  relation to suspending the transfer of monies into the emer-
   gency services revolving loan fund from  the  public  safety  communi-
   cations  account  (Part  E); to amend the judiciary law, the penal law
   and the election law, in relation to increasing the safety and securi-
   ty of court officials and their immediate families (Part F); to  amend
   the  cannabis  law,  in  relation  to providing additional enforcement
   powers to the office of cannabis management and to  authorize  locali-
   ties to create business registries for the purpose of combating illic-
   it  cannabis (Part G); to amend the alcoholic beverage control law, in
   relation to notifying municipalities of the filing of certain applica-
   tions, changes  of  ownership  of  certain  licensed  businesses,  and
   providing  for  certain  temporary  permits;  and  to  repeal  certain
   provisions of such law related thereto (Part H); to amend the alcohol-
   ic beverage control law,  in  relation  to  establishing  a  temporary
   wholesale permit and allowing multiple wholesale licenses owned by the
   same  person or entity to be located at the same premises (Part I); to
   amend chapter 118 of the laws of 2012 amending the alcoholic  beverage
   control  law relating to the powers of the chairman and members of the
   authority, in relation to  the  effectiveness  of  certain  provisions
   thereof  (Part  J);  to amend chapter 396 of the laws of 2010 amending
   the alcoholic beverage control law relating  to  liquidator's  permits
   and temporary retail permits, in relation to the effectiveness thereof
   (Part  K); to amend the alcoholic beverage control law, in relation to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12670-01-4
 S. 8305                             2                            A. 8805
 
   permitting the use of contiguous and non-contiguous  municipal  public
   space  by  certain licensees; and to repeal chapter 238 of the laws of
   2021 (Part L); to amend the workers' compensation law, in relation  to
   providing  benefits  for prenatal care (Part M); to amend the workers'
   compensation law and the insurance law, in relation to  the  New  York
   state average weekly wage, and to increasing disability benefits (Part
   N);  to  amend  the  general business law, in relation to enacting the
   Stop Addictive Feeds Exploitation (SAFE) for Kids act prohibiting  the
   provision  of  an  addictive  feed  to  a minor (Part O); to amend the
   general business law, in relation to establishing the New  York  child
   data  protection  act  (Part  P);  to  amend the state finance law, in
   relation to eliminating the alternate procedure  for  the  payment  of
   salaries  for  certain  employees  and the withholding of five days of
   salary for certain employees (Part Q); to amend the civil practice law
   and rules and the state finance law, in relation to the rate of inter-
   est to be paid on judgment and accrued claims (Part R); to  amend  the
   civil  service  law, in relation to reimbursement for medicare premium
   charges (Part S); to amend the civil service law, in relation  to  the
   ability to charge interest on past due balances for the New York state
   health  insurance program, and to authorize the director of the budget
   to withhold certain state aid to participating employers with past due
   balances (Part T); to amend the general municipal law, in relation  to
   county-wide  shared  services  panels  (Part  U);  to amend the public
   authorities law, in relation to bonds issued  by  the  New  York  city
   transitional  finance  authority  (Part V); to amend the state finance
   law, in relation to reforming the local  government  efficiency  grant
   program  (Part  W);  and  to provide for the administration of certain
   funds and  accounts  related  to  the  2023-2024  budget,  authorizing
   certain  payments  and  transfers;  to amend the state finance law, in
   relation to the administration of certain funds and accounts,  and  in
   relation  to the effectiveness thereof; 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  the
   private  housing finance law, in relation to housing program bonds and
   notes; to amend the public authorities law, in relation to  the  issu-
   ance  of  bonds  and  notes  by the dedicated highway and bridge trust
   fund, to amend the public authorities law, in relation to the issuance
   of bonds and notes for city university facilities; to amend the public
   authorities law, in relation to the  issuance  of  bonds  for  library
   construction  projects;  to  amend  the  public  authorities  law,  in
   relation to the issuance of bonds  for  state  university  educational
   facilities;  to  amend  the public authorities law, in relation to the
   issuance of bonds and notes for locally sponsored community  colleges;
   to  amend  chapter  392  of the laws of 1973, constituting the medical
   care facilities finance agency act, in relation  to  the  issuance  of
   mental  health  services  facilities  improvement  bonds and notes; to
   amend part K of chapter 81 of the laws of 2002, relating to  providing
   for  the  administration  of certain funds and accounts related to the
   2002-2003 budget, in relation to the issuance of bonds  and  notes  to
   finance  capital  costs related to homeland security; to amend chapter
   174 of the laws of 1968 constituting the urban development corporation
   act, in relation to the issuance of bonds and notes  for  purposes  of
   funding  office  of  information technology services project costs; to
   amend chapter 329 of the laws of 1991, amending the state finance  law
   and  other laws relating to the establishment of the dedicated highway
 S. 8305                             3                            A. 8805
 
   and bridge trust fund, in relation to the issuance  of  funds  to  the
   thruway authority; to amend chapter 174 of the laws of 1968 constitut-
   ing the urban development corporation act, in relation to the issuance
   of bonds and notes to fund costs for statewide equipment; to amend the
   public  authorities  law,  in  relation  to  the issuance of bonds for
   purposes of financing environmental infrastructure projects; 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 bonds and  notes  for
   the youth facilities improvement fund; to amend the public authorities
   law, in relation to the issuance of bonds and notes for the purpose of
   financing  peace  bridge projects and capital costs of state and local
   highways; to amend chapter 174 of the laws of  1968  constituting  the
   urban  development  corporation  act,  in  relation to the issuance of
   bonds for economic development initiatives; to amend part Y of chapter
   61 of the laws of 2005, relating to providing for  the  administration
   of  certain  funds  and  accounts  related to the 2005-2006 budget, in
   relation to the issuance of bonds and notes for the purpose of financ-
   ing capital projects for the division of military and  naval  affairs;
   to amend chapter 174 of the laws of 1968 constituting the urban devel-
   opment  corporation  act,  in  relation  to  the issuance of bonds for
   special education and  other  educational  facilities;  to  amend  the
   public authorities law, in relation to the issuance of bonds and notes
   for  the  purpose  of financing the construction of the New York state
   agriculture and markets food laboratory; to amend chapter  392  of the
   laws of 1973, constituting the medical care facilities finance  agency
   act,  in  relation  to  including  comprehensive psychiatric emergency
   programs and housing for mentally ill persons  in  the  definition  of
   mental  health  services  facility; to amend the state finance law, in
   relation to the private sale of certain revenue bonds, and in relation
   to including assets that provide a long-term interest in land  in  the
   definition  of  fixed  assets; to amend the public authorities law, in
   relation to bond issuance charges; to amend the state finance law,  in
   relation  to  the  redemption price of certain revenue bonds; to amend
   chapter 174 of the laws of 1968  constituting  the  urban  development
   corporation  act,  in  relation to the issuance of personal income tax
   revenue anticipation notes; to amend the public  authorities  law,  in
   relation  to the issuance of bonds or notes for the purpose of assist-
   ing the metropolitan transportation  authority  in  the  financing  of
   transportation  facilities;  and  providing  for the repeal of certain
   provisions upon expiration thereof (Part X)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 necessary to implement the state public protection and  general  govern-
 ment budget for the 2024-2025 state fiscal year. Each component is whol-
 ly  contained  within a Part identified as Parts A through X. The effec-
 tive date for each particular provision contained within  such  Part  is
 set forth in the last section of such Part. Any provision in any section
 contained within a Part, including the effective date of the Part, which
 makes  a  reference  to a section "of this act", when used in connection
 with that particular component, shall be deemed to mean and refer to the
 S. 8305                             4                            A. 8805
 
 corresponding section of the Part in which it is found.   Section  three
 of this act sets forth the general effective date of this act.
 
                                  PART A
 
   Section  1.    Subdivision  3  of  section 120.05 of the penal law, as
 amended by chapter 267 of the laws  of  2016,  is  amended  to  read  as
 follows:
   3.  With intent to prevent a peace officer, a police officer, prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent, New York city sanitation worker, a firefighter, including a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering first aid in the course of performance of duty  as  such  fire-
 fighter,  an  emergency  medical  service paramedic or emergency medical
 service technician, or medical or related personnel in a hospital  emer-
 gency  department,  a  city  marshal,  a school crossing guard appointed
 pursuant to section two hundred eight-a of the general municipal law,  a
 traffic enforcement officer, traffic enforcement agent [or], employee of
 any  entity governed by the public service law in the course of perform-
 ing an essential service, OR RETAIL WORKER,  from  performing  a  lawful
 duty, by means including releasing or failing to control an animal under
 circumstances  evincing  the actor's intent that the animal obstruct the
 lawful activity of such peace officer,  police  officer,  prosecutor  as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure  law,  registered  nurse,  licensed  practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent,  New  York  city sanitation worker, firefighter, paramedic,
 technician, city marshal, school crossing guard  appointed  pursuant  to
 section  two  hundred  eight-a  of  the  general  municipal law, traffic
 enforcement officer, traffic enforcement  agent  [or],  employee  of  an
 entity  governed  by the public service law, OR RETAIL WORKER, he or she
 causes physical injury to such peace officer, police officer, prosecutor
 as defined in subdivision thirty-one of section  1.20  of  the  criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city  sanitation  worker,  firefighter,  paramedic,
 technician  or  medical  or  related  personnel  in a hospital emergency
 department, city marshal, school  crossing  guard,  traffic  enforcement
 officer,  traffic enforcement agent [or], employee of an entity governed
 by the public service law, OR RETAIL WORKER; or
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART B
 
   Section 1. The penal law is amended by adding a new section 165.66  to
 read as follows:
 § 165.66 FOSTERING THE SALE OF STOLEN GOODS.
   A  PERSON  IS  GUILTY  OF FOSTERING THE SALE OF STOLEN GOODS WHEN SUCH
 PERSON:
   1. HOSTS, ADVERTISES, OR OTHERWISE  ASSISTS  IN  THE  SALE  OF  STOLEN
 GOODS, INCLUDING ON AN INTERNET WEBSITE; AND
   2. KNEW OR SHOULD HAVE KNOWN THAT SUCH GOODS WERE STOLEN.
   FOSTERING THE SALE OF STOLEN GOODS IS A CLASS A MISDEMEANOR.
 S. 8305                             5                            A. 8805
 
   § 2. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.
 
                                  PART C
 
   Section  1.  Subdivision  3  of  section  485.05  of the penal law, as
 amended by section 3 of part R of chapter 55 of the  laws  of  2020,  is
 amended to read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions  of  this  chapter:  section  120.00  (assault  in  the third
 degree); section 120.05 (assault in the second degree);  SECTION  120.06
 (GANG ASSAULT IN THE SECOND DEGREE); SECTION 120.07 (GANG ASSAULT IN THE
 FIRST  DEGREE);  section  120.10  (assault in the first degree); section
 120.12 (aggravated assault upon a person less than  eleven  years  old);
 section  120.13 (menacing in the first degree); section 120.14 (menacing
 in the second degree); section 120.15 (menacing in  the  third  degree);
 section  120.20  (reckless  endangerment  in the second degree); section
 120.25 (reckless endangerment  in  the  first  degree);  SECTION  121.11
 (CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); section 121.12
 (strangulation  in  the second degree); section 121.13 (strangulation in
 the first degree); subdivision one of section  125.15  (manslaughter  in
 the  second  degree);  subdivision  one,  two  or four of section 125.20
 (manslaughter in the first degree); section 125.25 (murder in the second
 degree); SECTION 125.26 (AGGRAVATED MURDER); SECTION 125.27  (MURDER  IN
 THE  FIRST  DEGREE);  section  120.45  (stalking  in the fourth degree);
 section 120.50 (stalking in the third degree); section 120.55  (stalking
 in  the  second  degree); section 120.60 (stalking in the first degree);
 [subdivision one of] SECTION 130.20 (SEXUAL MISCONDUCT); SECTION  130.25
 (RAPE  IN THE THIRD DEGREE); SECTION 130.30 (RAPE IN THE SECOND DEGREE);
 section 130.35 (rape in the first degree); [subdivision one of]  SECTION
 130.40 (CRIMINAL SEXUAL ACT IN THE THIRD DEGREE); SECTION 130.45 (CRIMI-
 NAL  SEXUAL  ACT  IN THE SECOND DEGREE); section 130.50 (criminal sexual
 act in the first degree); [subdivision one of] SECTION 130.52  (FORCIBLE
 TOUCHING);  SECTION  130.53  (PERSISTENT  SEXUAL  ABUSE); SECTION 130.55
 (SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.60 (SEXUAL ABUSE IN  THE
 SECOND  DEGREE);  section  130.65  (sexual  abuse  in the first degree);
 [paragraph (a) of subdivision one of] SECTION 130.65-A (AGGRAVATED SEXU-
 AL ABUSE IN THE FOURTH DEGREE); SECTION 130.66 (AGGRAVATED SEXUAL  ABUSE
 IN  THE  THIRD  DEGREE);  section 130.67 (aggravated sexual abuse in the
 second degree); [paragraph (a) of subdivision  one  of]  section  130.70
 (aggravated  sexual abuse in the first degree); section 135.05 (unlawful
 imprisonment in the second degree); section 135.10  (unlawful  imprison-
 ment  in  the  first  degree);  section 135.20 (kidnapping in the second
 degree); section 135.25 (kidnapping in the first degree); SECTION 135.35
 (LABOR TRAFFICKING);  SECTION  135.37  (AGGRAVATED  LABOR  TRAFFICKING);
 section  135.60 (coercion in the third degree); section 135.61 (coercion
 in the second degree); section 135.65 (coercion in  the  first  degree);
 section  140.10  (criminal trespass in the third degree); section 140.15
 (criminal trespass in the second degree); section 140.17 (criminal tres-
 pass in the  first  degree);  section  140.20  (burglary  in  the  third
 degree);  section 140.25 (burglary in the second degree); section 140.30
 (burglary in the first degree); section 145.00 (criminal mischief in the
 fourth degree); section 145.05 (criminal mischief in the third  degree);
 section  145.10 (criminal mischief in the second degree); section 145.12
 (criminal mischief in the first degree); SECTION 145.60 (MAKING  GRAFFI-
 TI);  SECTION  150.01 (ARSON IN THE FIFTH DEGREE); section 150.05 (arson
 S. 8305                             6                            A. 8805
 
 in the fourth degree); section  150.10  (arson  in  the  third  degree);
 section  150.15  (arson  in the second degree); section 150.20 (arson in
 the first degree); section 155.25 (petit larceny); section 155.30 (grand
 larceny  in  the  fourth  degree);  section 155.35 (grand larceny in the
 third degree); section 155.40 (grand  larceny  in  the  second  degree);
 section  155.42  (grand  larceny  in  the  first degree); section 160.05
 (robbery in the third degree); section 160.10  (robbery  in  the  second
 degree);  section  160.15  (robbery in the first degree); SECTION 165.25
 (JOSTLING); SECTION 230.34  (SEX  TRAFFICKING);  SECTION  230.34-A  (SEX
 TRAFFICKING  OF  A  CHILD);  section  240.25  (harassment  in  the first
 degree); subdivision one, two or  four  of  section  240.30  (aggravated
 harassment  in  the second degree); SECTION 240.50 (FALSELY REPORTING AN
 INCIDENT IN THE THIRD DEGREE);  SECTION  240.55  (FALSELY  REPORTING  AN
 INCIDENT  IN  THE  SECOND  DEGREE); SECTION 240.60 (FALSELY REPORTING AN
 INCIDENT IN THE FIRST DEGREE); SECTION 260.10 (ENDANGERING  THE  WELFARE
 OF A CHILD); SUBDIVISION TWO OF SECTION 265.01 (CRIMINAL POSSESSION OF A
 WEAPON  IN THE FOURTH DEGREE); SUBDIVISION ONE OF SECTION 265.02 (CRIMI-
 NAL POSSESSION OF A WEAPON IN THE  THIRD  DEGREE);  SUBDIVISION  ONE  OF
 SECTION  265.03  (CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE);
 SUBDIVISION ONE OF SECTION 265.04 (CRIMINAL POSSESSION OF  A  WEAPON  IN
 THE  FIRST  DEGREE); section 490.10 (soliciting or providing support for
 an act of terrorism in the second degree); section 490.15 (soliciting or
 providing support for an act of terrorism in the first degree);  section
 490.20  (making  a terroristic threat); section 490.25 (crime of terror-
 ism); section 490.30 (hindering prosecution of terrorism in  the  second
 degree); section 490.35 (hindering prosecution of terrorism in the first
 degree);  section  490.37  (criminal  possession of a chemical weapon or
 biological  weapon  in  the  third  degree);  section  490.40  (criminal
 possession  of  a  chemical  weapon  or  biological weapon in the second
 degree); section 490.45 (criminal possession of  a  chemical  weapon  or
 biological  weapon in the first degree); section 490.47 (criminal use of
 a chemical weapon or biological weapon in  the  third  degree);  section
 490.50  (criminal  use  of a chemical weapon or biological weapon in the
 second degree); section 490.55 (criminal use of  a  chemical  weapon  or
 biological  weapon in the first degree); or any attempt or conspiracy to
 commit any of the foregoing offenses.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
                                  PART D
 
   Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
 the  correction  law,  the  governor  is  authorized to close up to five
 correctional facilities of the department of corrections  and  community
 supervision,  in the state fiscal year 2024-2025, as the governor deter-
 mines to be necessary for the cost-effective and efficient operation  of
 the correctional system, provided that the governor provides at least 90
 days notice prior to any such closures to the temporary president of the
 senate  and  the  speaker of the assembly. Such notice shall include the
 list of facilities the governor plans to close, the number of  incarcer-
 ated  individuals in said facilities, and the number of staff working in
 said facilities. The commissioner of corrections  and  community  super-
 vision  shall  also  report  in detail to the temporary president of the
 senate and the speaker of the assembly on the  results  of  staff  relo-
 cation efforts within 60 days after such closure.
 S. 8305                             7                            A. 8805
 
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024 and  shall
 expire and be deemed repealed March 31, 2025.
 
                                  PART E
 
   Section  1. Paragraph (b) of subdivision 6 of section 186-f of the tax
 law, as amended by section 1 of part G of chapter  55  of  the  laws  of
 2022, is amended to read as follows:
   (b)  The  sum  of  one  million  five hundred thousand dollars must be
 deposited into the New York state emergency services revolving loan fund
 annually; provided, however, that such sums shall not be  deposited  for
 state  fiscal  years two thousand eleven--two thousand twelve, two thou-
 sand twelve--two thousand thirteen, two thousand fourteen--two  thousand
 fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
 sixteen--two thousand seventeen, two  thousand  seventeen--two  thousand
 eighteen,  two  thousand  eighteen--two  thousand nineteen, two thousand
 nineteen--two thousand twenty, two thousand twenty--two  thousand  twen-
 ty-one,  two  thousand twenty-one--two thousand twenty-two, two thousand
 twenty-two--two thousand twenty-three, [and] two thousand  twenty-three-
 -two  thousand twenty-four, TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWEN-
 TY-FIVE, AND TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX;
   § 2. This act shall take effect April 1, 2024.
 
                                  PART F
 
   Section 1. Legislative purpose. The objective of this act, which shall
 be referred to as the "New York State  Judicial  Security  Act",  is  to
 improve  the  safety and security of judges of the courts of the unified
 court system and of the federal courts sitting in  New  York  state,  of
 certain  other persons working in or with these courts, and of the imme-
 diate families of all of the  foregoing.  Greater  confidence  in  their
 personal  safety and security, and in that of their family members, will
 enable members of the judiciary to perform their duties  fairly  without
 fear  of personal reprisal by litigants and others affected by the deci-
 sions of, judges and others who work in and with the courts.
   This objective will be accomplished by providing a means by which  (i)
 private information concerning active and former judges, and nonjudicial
 court  personnel,  and  their immediate families can be kept from public
 display; and (ii) persons,  businesses,  associations,  and  public  and
 private  agencies  having such information can be forbidden from posting
 it, or sharing or trading it with others.
   This act shall be  broadly  construed  to  favor  protections  of  the
 private  information  of those persons designated hereunder as "eligible
 individuals".
   § 2. The judiciary law is amended by adding a new article 22-C to read
 as follows:
                               ARTICLE 22-C
                   NEW YORK STATE JUDICIAL SECURITY ACT
 SECTION 859. NEW YORK STATE JUDICIAL SECURITY ACT.
   § 859. NEW YORK STATE JUDICIAL SECURITY ACT. 1. DEFINITIONS.  AS  USED
 IN THIS ARTICLE:
   (A) "ELIGIBLE INDIVIDUAL" SHALL MEAN:
   (I) AN ACTIVELY EMPLOYED OR FORMER:
   (A) JUDGE OR JUSTICE OF THE UNIFIED COURT SYSTEM OR JUDGE OF THE HOUS-
 ING PART OF THE CIVIL COURT OF THE CITY OF NEW YORK;
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   (B) CLERK OF A COURT OF THE UNIFIED COURT SYSTEM OR OF A FEDERAL COURT
 SITTING IN NEW YORK;
   (C)  EMPLOYEE OF THE UNITED STATES MARSHAL SERVICE SERVING IN NEW YORK
 OR EMPLOYEE OF THE UNIFIED COURT SYSTEM OR A  POLITICAL  SUBDIVISION  OF
 THE  STATE WHOSE OFFICIAL DUTIES INCLUDE THE PROVISION OF COURT SECURITY
 SERVICES; OR
   (D) EMPLOYEE OF THE UNIFIED COURT SYSTEM OR OF A FEDERAL COURT  ESTAB-
 LISHED  IN  NEW  YORK, NOT OTHERWISE INCLUDED IN THIS PARAGRAPH, WHO HAS
 BEEN SO DESIGNATED BY THE CHIEF ADMINISTRATOR OR THE APPROPRIATE  ADMIN-
 ISTRATIVE  AUTHORITY  FOR  THE  FEDERAL  COURTS, RESPECTIVELY, WHERE, IN
 THEIR OPINION, THERE IS EITHER EVIDENCE OF A  PARTICULARIZED  THREAT  OR
 THREATS  TOWARDS  SUCH  EMPLOYEE  OR  THE EMPLOYEE'S DUTIES WARRANT SUCH
 DESIGNATION IN ORDER TO PROVIDE FOR THE  SAFETY  AND  SECURITY  OF  SUCH
 EMPLOYEE; OR
   (II)  A  FEDERAL JUDGE OR A SENIOR, RECALLED, OR RETIRED FEDERAL JUDGE
 SITTING OR MAINTAINING CHAMBERS IN NEW YORK, WHERE  SUCH  FEDERAL  JUDGE
 MEANS:
   (A) A JUSTICE OF THE UNITED STATES OR A JUDGE OF THE UNITED STATES, AS
 THOSE TERMS ARE DEFINED IN SECTION 451 OF TITLE 28, UNITED STATES CODE;
   (B) A BANKRUPTCY JUDGE APPOINTED UNDER SECTION 152 OF TITLE 28, UNITED
 STATES CODE;
   (C)  A  UNITED  STATES MAGISTRATE JUDGE APPOINTED UNDER SECTION 631 OF
 TITLE 28, UNITED STATES CODE;
   (D) A JUDGE CONFIRMED BY THE UNITED STATES  SENATE  AND  EMPOWERED  BY
 STATUTE  IN  ANY  COMMONWEALTH,  TERRITORY, OR POSSESSION TO PERFORM THE
 DUTIES OF A FEDERAL JUDGE;
   (E) A JUDGE OF THE UNITED STATES COURT  OF  FEDERAL  CLAIMS  APPOINTED
 UNDER SECTION 171 OF TITLE 28, UNITED STATES CODE;
   (F)  A JUDGE OF THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
 APPOINTED UNDER SECTION 7253 OF TITLE 38, UNITED STATES CODE;
   (G) A JUDGE OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
 APPOINTED UNDER SECTION 942 OF TITLE 10, UNITED STATES CODE;
   (H) A JUDGE OF THE UNITED STATES TAX  COURT  APPOINTED  UNDER  SECTION
 7443 OF THE INTERNAL REVENUE CODE OF 1986; OR
   (I)  A  SPECIAL  TRIAL  JUDGE OF THE UNITED STATES TAX COURT APPOINTED
 UNDER SECTION 7443A OF THE INTERNAL REVENUE CODE OF 1986.
   (B) "IMMEDIATE FAMILY" SHALL MEAN, FOR EACH ELIGIBLE  INDIVIDUAL,  THE
 SPOUSE,  FORMER SPOUSE, PARENT, CHILD, SIBLING, AND ANY OTHER PERSON WHO
 REGULARLY RESIDES OR HAS REGULARLY RESIDED IN THE ELIGIBLE  INDIVIDUAL'S
 HOUSEHOLD.
   (C) "PERSONAL INFORMATION" SHALL INCLUDE THE FOLLOWING FOR AN ELIGIBLE
 INDIVIDUAL  AND, IF SUCH INDIVIDUAL SO INDICATES AS PROVIDED IN SUBPARA-
 GRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, FOR  THE
 MEMBERS  OF  THEIR IMMEDIATE FAMILY: (I) HOME ADDRESS, INCLUDING PRIMARY
 RESIDENCE AND SECONDARY  RESIDENCES;  (II)  UNLISTED  TELEPHONE  NUMBER;
 (III)  PERSONAL  CELL  PHONE  NUMBER;  (IV)  PERSONAL EMAIL ADDRESS; (V)
 SOCIAL SECURITY NUMBER; (VI) DRIVER LICENSE NUMBER; (VII) LICENSE  PLATE
 NUMBER;  (VIII)  MARITAL  STATUS  AND IDENTITY OF ANY PRESENT AND FORMER
 SPOUSE; (IX) IDENTITY OF CHILDREN UNDER THE AGE OF TWENTY-SIX; (X)  NAME
 AND  ADDRESS  OF  A SCHOOL OR DAY CARE FACILITY ATTENDED BY AN IMMEDIATE
 FAMILY MEMBER; (XI) BANK ACCOUNT NUMBER;  (XII)  CREDIT  OR  DEBIT  CARD
 NUMBER;  (XIII) PERSONAL IDENTIFICATION NUMBER (PIN); (XIV) AUTOMATED OR
 ELECTRONIC SIGNATURE; (XV) UNIQUE  BIOMETRIC  DATA;  AND  (XVI)  ACCOUNT
 PASSWORDS.
   (D)  "MAKING  PUBLIC THE PERSONAL INFORMATION" OF AN IDENTIFIED PERSON
 SHALL MEAN ANY EFFORT OR ACTION BY A PERSON, BUSINESS,  ASSOCIATION,  OR
 S. 8305                             9                            A. 8805
 
 PUBLIC OR PRIVATE AGENCY TO POST ON THE INTERNET OR OTHERWISE DISPLAY OR
 PUBLISH  IN ANY MEDIUM ACCESSIBLE TO THE PUBLIC SUCH IDENTIFIED PERSON'S
 PERSONAL INFORMATION, TO SHARE OR TRADE SUCH INFORMATION WITH OTHERS, OR
 TO OTHERWISE TRANSFER SUCH INFORMATION TO OTHERS.
   (E) "WRITTEN REQUEST" MEANS AN APPLICATION IN WRITING AND SIGNED BY AN
 ELIGIBLE  INDIVIDUAL, OR THEIR REPRESENTATIVE, REQUESTING THAT THE CHIEF
 ADMINISTRATOR OF THE COURTS OR THE ELIGIBLE  INDIVIDUAL'S  EMPLOYER,  AS
 APPROPRIATE,  NOTIFY  ONE  OR MORE PERSONS, BUSINESSES, ASSOCIATIONS, OR
 PUBLIC OR PRIVATE AGENCIES, OTHER THAN AN  EXCLUDED  ENTITY,  THAT  THEY
 MUST  REFRAIN FROM MAKING PUBLIC THE PERSONAL INFORMATION OF THAT ELIGI-
 BLE INDIVIDUAL.
   (F) "EXCLUDED ENTITY" MEANS A COMMERCIAL ENTITY ENGAGED IN THE FOLLOW-
 ING ACTIVITY:
   (I) REPORTING, NEWS-GATHERING, SPEAKING, OR OTHER ACTIVITY INTENDED TO
 INFORM THE PUBLIC ON MATTERS OF PUBLIC INTEREST OR PUBLIC CONCERN;
   (II) USING PERSONAL INFORMATION INTERNALLY, PROVIDING ACCESS TO  BUSI-
 NESSES  UNDER  COMMON  OWNERSHIP  OR AFFILIATED BY CORPORATE CONTROL, OR
 SELLING OR PROVIDING DATA FOR TRANSACTION OR  SERVICE  REQUESTED  BY  OR
 CONCERNING  THE  INDIVIDUAL  WHOSE  PERSONAL INFORMATION IS BEING TRANS-
 FERRED;
   (III) PROVIDING PUBLICLY AVAILABLE INFORMATION VIA REAL-TIME  OR  NEAR
 REAL-TIME ALERT SERVICES FOR HEALTH OR SAFETY PURPOSES;
   (IV)  ANY ACTIVITY WHERE THE COMMERCIAL ENTITY IS A CONSUMER REPORTING
 AGENCY SUBJECT TO THE FAIR CREDIT REPORTING  ACT  (15  U.S.C.  1681,  ET
 SEQ.);
   (V)  ANY  ACTIVITY WHERE THE COMMERCIAL ENTITY IS A FINANCIAL INSTITU-
 TION SUBJECT TO THE GRAMM-LEACH-BLILEY  ACT  (PUBLIC  LAW  106-102)  AND
 REGULATIONS IMPLEMENTING THAT ACT; AND
   (VI)  THE  COLLECTION  AND  SALE  OR LICENSING OF PERSONAL INFORMATION
 INCIDENTAL TO CONDUCTING THE ACTIVITIES DESCRIBED IN THIS PARAGRAPH.
   (G) "PUBLIC AGENCY" SHALL MEAN AN AGENCY OF THE STATE OF NEW YORK  AND
 ANY OF ITS POLITICAL SUBDIVISIONS.
   2.  WRITTEN REQUEST; NOTIFICATION BY CHIEF ADMINISTRATOR OF THE COURTS
 OR EMPLOYER. (A) THIS SUBDIVISION SHALL APPLY TO EVERY ELIGIBLE INDIVID-
 UAL.  AN ELIGIBLE INDIVIDUAL OR THEIR REPRESENTATIVE MAY SUBMIT A  WRIT-
 TEN  REQUEST  TO  THE CHIEF ADMINISTRATOR OF THE COURTS, IF THE ELIGIBLE
 INDIVIDUAL IS AN ACTIVE OR FORMER JUDGE, JUSTICE, JUDGE OF  THE  HOUSING
 PART OF THE CIVIL COURT OF THE CITY OF NEW YORK, OR NONJUDICIAL EMPLOYEE
 OF  THE  UNIFIED  COURT SYSTEM, OR, IF NOT, TO THE ELIGIBLE INDIVIDUAL'S
 EMPLOYER OR, IF THE ELIGIBLE INDIVIDUAL IS NO LONGER IN SERVICE, TO  THE
 PERSON  OR OFFICE WHO WOULD BE THEIR EMPLOYER WERE SUCH INDIVIDUAL STILL
 IN SERVICE. FOR PURPOSES OF THIS SUBDIVISION, THE EMPLOYER OF A  FEDERAL
 JUDGE SHALL BE THE APPROPRIATE ADMINISTRATIVE AUTHORITY FOR THE COURT IN
 WHICH SUCH FEDERAL JUDGE SERVES. THE WRITTEN REQUEST SHALL SPECIFY:
   (I)  THOSE  ITEMS OF PERSONAL INFORMATION THAT THE ELIGIBLE INDIVIDUAL
 WISHES TO BE KEPT FROM BEING MADE PUBLIC;
   (II) THE IDENTITY OF MEMBERS OF THE  ELIGIBLE  INDIVIDUAL'S  IMMEDIATE
 FAMILY  AND WHETHER, FOR PURPOSES OF THE WRITTEN REQUEST, THEIR PERSONAL
 INFORMATION SHOULD BE DEEMED TO INCLUDE THAT OF  SUCH  IMMEDIATE  FAMILY
 MEMBERS; AND
   (III) EACH PERSON, BUSINESS, ASSOCIATION, AND PUBLIC OR PRIVATE AGENCY
 THAT  THE  ELIGIBLE  INDIVIDUAL  WISHES  TO  BAR  FROM MAKING PUBLIC THE
 PERSONAL INFORMATION OF SUCH ELIGIBLE INDIVIDUAL.
   (B) THE CHIEF ADMINISTRATOR AND  EACH  EMPLOYER  TO  WHICH  A  WRITTEN
 REQUEST MAY BE SUBMITTED UNDER THIS SUBDIVISION SHALL DEVELOP PROCEDURES
 TO REVIEW AND PROCESS SUCH REQUESTS.
 S. 8305                            10                            A. 8805
 
   (C)  (I)  IF  A  WRITTEN  REQUEST  HAS  BEEN PROPERLY SUBMITTED AND IS
 COMPLETE, THE CHIEF ADMINISTRATOR OR EMPLOYER,  AS  APPROPRIATE,  SHALL,
 WITHIN  FIVE  BUSINESS  DAYS  OF RECEIPT OF SUCH WRITTEN REQUEST FROM AN
 ELIGIBLE INDIVIDUAL, NOTIFY  EACH  PERSON,  BUSINESS,  ASSOCIATION,  AND
 PUBLIC  OR  PRIVATE  AGENCY  IDENTIFIED  IN THE WRITTEN REQUEST THAT (A)
 BEGINNING WITHIN SEVENTY-TWO HOURS OF RECEIPT OF SUCH NOTIFICATION, THEY
 MUST CEASE MAKING PUBLIC THE PERSONAL INFORMATION OF THE ELIGIBLE  INDI-
 VIDUAL  IDENTIFIED  IN SUCH REQUEST, AND (B) WITHIN TWENTY BUSINESS DAYS
 OF SUCH RECEIPT, MUST DELETE OR OTHERWISE REMOVE ANY EXISTING POSTING ON
 THE INTERNET AND ANY DISPLAY OR PUBLICATION IN ANY MEDIUM ACCESSIBLE  TO
 THE  PUBLIC  CONTAINING SUCH PERSONAL INFORMATION AS IS SPECIFIED IN THE
 WRITTEN REQUEST OF THE ELIGIBLE INDIVIDUAL ON WHOSE BEHALF THE NOTIFICA-
 TION IS MADE. FOR PURPOSES OF THIS SUBPARAGRAPH, NOTIFICATION  SHALL  BE
 BY  CERTIFIED  MAIL, RETURN RECEIPT REQUESTED, EITHER AT THE RECIPIENT'S
 LAST KNOWN RESIDENCE (IF RECIPIENT IS A PERSON) OR  AT  THE  RECIPIENT'S
 PRINCIPAL OFFICE (WHICH SHALL BE THE LOCATION AT WHICH THE OFFICE OF THE
 CHIEF EXECUTIVE OFFICER OF THE RECIPIENT IS GENERALLY LOCATED).
   (II)  NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH TO THE CONTRARY,
 SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY TO:
   (A) DISPLAY ON THE INTERNET OF THE PERSONAL INFORMATION OF AN ELIGIBLE
 INDIVIDUAL IF SUCH INFORMATION IS RELEVANT TO AND DISPLAYED AS PART OF A
 NEWS STORY, COMMENTARY, EDITORIAL, OR OTHER SPEECH ON A MATTER OF PUBLIC
 CONCERN;
   (B) PERSONAL INFORMATION  THAT  THE  ELIGIBLE  INDIVIDUAL  VOLUNTARILY
 PUBLISHES ON THE INTERNET AFTER THE EFFECTIVE DATE OF THIS SECTION;
   (C)  PERSONAL  INFORMATION  RECEIVED  FROM  A PUBLIC AGENCY OR FROM AN
 AGENCY OF THE FEDERAL GOVERNMENT; AND
   (D) PERMISSIBLE USES OF PERSONAL INFORMATION PURSUANT TO THE  DRIVER'S
 PRIVACY PROTECTION ACT (18 U.S.C. § 2721 ET SEQ.), EXCEPT THAT NO ELIGI-
 BLE  INDIVIDUAL  MAKING  A  WRITTEN  REQUEST UNDER THIS ARTICLE SHALL BE
 DEEMED TO HAVE GIVEN EXPRESS CONSENT TO SHARE PERSONAL  INFORMATION  FOR
 THE PURPOSES OF 18 U.S.C. § 2721(B), UNLESS THE WRITTEN REQUEST CONTAINS
 AN EXPRESS DECLARATION TO THE CONTRARY.
   3.  DURATION OF NOTIFICATION. A NOTIFICATION ISSUED BY OR ON BEHALF OF
 AN ELIGIBLE INDIVIDUAL PURSUANT  TO  SUBDIVISION  TWO  OF  THIS  SECTION
 EXPIRES  ON  THEIR  DEATH; PROVIDED, HOWEVER, WHERE A NOTIFICATION HERE-
 UNDER BARS MAKING PUBLIC THE PERSONAL INFORMATION  OF  A  MEMBER  OF  AN
 ELIGIBLE  INDIVIDUAL'S IMMEDIATE FAMILY, THAT BAR SHALL REMAIN IN EFFECT
 UNTIL THE DEATH OF SUCH IMMEDIATE FAMILY MEMBER UNLESS  THAT  PERSON  OR
 THE  ELIGIBLE  INDIVIDUAL  SOONER RESCINDS IT. IF AN ELIGIBLE INDIVIDUAL
 WISHES TO RESCIND SUCH A NOTIFICATION, THEY OR THE  CHIEF  ADMINISTRATOR
 OF  THE  COURTS  OR  THE ELIGIBLE INDIVIDUAL'S EMPLOYER, AS APPROPRIATE,
 UPON REQUEST FROM THE COVERED INDIVIDUAL, MAY PROVIDE  A  PERSON,  BUSI-
 NESS,  ASSOCIATION,  OR PUBLIC OR PRIVATE AGENCY WITH WRITTEN PERMISSION
 TO MAKE PUBLIC THEIR PERSONAL INFORMATION.
   4. RECIPIENT OF NOTIFICATION NOT  TO  MAKE  AN  ELIGIBLE  INDIVIDUAL'S
 PERSONAL  INFORMATION PUBLIC; JUDICIAL RELIEF AVAILABLE UPON NON-COMPLI-
 ANCE. (A) AFTER A PERSON, BUSINESS, ASSOCIATION, OR  PUBLIC  OR  PRIVATE
 AGENCY HAS RECEIVED A NOTIFICATION PURSUANT TO PARAGRAPH (C) OF SUBDIVI-
 SION TWO OF THIS SECTION, THEY SHALL HAVE (I) SEVENTY-TWO HOURS TO CEASE
 MAKING  PUBLIC THE PERSONAL INFORMATION OF THE ELIGIBLE INDIVIDUAL IDEN-
 TIFIED IN SUCH NOTIFICATION, AND (II) TWENTY BUSINESS DAYS WITHIN  WHICH
 TO  DELETE OR OTHERWISE REMOVE ANY EXISTING POSTINGS ON THE INTERNET AND
 ANY DISPLAY OR PUBLICATION  IN  ANY  MEDIUM  ACCESSIBLE  TO  THE  PUBLIC
 CONTAINING SUCH PERSONAL INFORMATION.
 S. 8305                            11                            A. 8805
 
   (B)  AN  ELIGIBLE  INDIVIDUAL  MAY  SEEK  AN INJUNCTION OR DECLARATORY
 RELIEF IN A COURT OF COMPETENT JURISDICTION AGAINST A PERSON,  BUSINESS,
 ASSOCIATION, OR PUBLIC OR PRIVATE AGENCY THAT, AFTER RECEIVING A NOTIFI-
 CATION  PURSUANT  TO  PARAGRAPH  (C) OF SUBDIVISION TWO OF THIS SECTION,
 FAILS  TO  TIMELY  COMPLY WITH THE REQUIREMENTS OF SUCH NOTIFICATION. IF
 THE COURT GRANTS SUCH INJUNCTIVE OR  DECLARATORY  RELIEF,  THE  AFFECTED
 PERSON,  BUSINESS,  ASSOCIATION,  OR AGENCY SHALL BE REQUIRED TO PAY THE
 ELIGIBLE INDIVIDUAL'S COSTS AND REASONABLE ATTORNEY'S FEES.
   (C) UPON A VIOLATION OF ANY ORDER GRANTING INJUNCTIVE  OR  DECLARATIVE
 RELIEF  OBTAINED  PURSUANT  TO  THIS SUBDIVISION, THE COURT ISSUING SUCH
 ORDER MAY: (I) WHERE THE VIOLATOR IS A PUBLIC AGENCY, IMPOSE A FINE  NOT
 EXCEEDING  ONE  THOUSAND  DOLLARS AND REQUIRE THE PAYMENT OF COURT COSTS
 AND REASONABLE ATTORNEY FEES; OR (II) WHERE THE VIOLATOR  IS  A  PERSON,
 BUSINESS,  ASSOCIATION, OR PRIVATE AGENCY, AWARD DAMAGES TO THE AFFECTED
 ELIGIBLE INDIVIDUAL IN AN AMOUNT UP TO A  MAXIMUM  OF  THREE  TIMES  THE
 ACTUAL DAMAGES, BUT NOT LESS THAN FOUR THOUSAND DOLLARS, AND REQUIRE THE
 PAYMENT OF COURT COSTS AND REASONABLE ATTORNEY FEES.
   5.    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE DEPARTMENT
 OF MOTOR VEHICLES RECEIVES A NOTIFICATION PURSUANT TO PARAGRAPH  (C)  OF
 SUBDIVISION  TWO OF THIS SECTION, SUCH DEPARTMENT SHALL COMPLY THEREWITH
 EXCEPT THAT, WHERE THE NOTIFICATION REQUIRES  THE  DEPARTMENT  TO  CEASE
 MAKING A PERSON'S ADDRESS PUBLIC, THE DEPARTMENT MAY MAKE THEIR BUSINESS
 ADDRESS PUBLIC.
   §  3.  Section 120.09 of the penal law, as added by chapter 148 of the
 laws of 2011, is amended to read as follows:
 § 120.09 Assault on a judge.
   A person is guilty of assault on a judge when, with intent  to  [cause
 serious  physical  injury  and] prevent a judge from performing official
 judicial duties, [he or she] SUCH PERSON causes serious physical  injury
 to  such judge.  [For the purposes of this section, the term judge shall
 mean a judge of a court of record or a justice court.]
   Assault on a judge is a class C felony.
   § 4. The penal law is amended by adding a new section 120.09-a to read
 as follows:
 § 120.09-A AGGRAVATED ASSAULT ON A JUDGE.
   A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE WHEN, WITH  INTENT
 TO  CAUSE  SERIOUS  PHYSICAL  INJURY AND PREVENT A JUDGE FROM PERFORMING
 OFFICIAL JUDICIAL DUTIES, SUCH PERSON CAUSES SERIOUS PHYSICAL INJURY  TO
 SUCH JUDGE.
   AGGRAVATED ASSAULT ON A JUDGE IS A CLASS B FELONY.
   §  5.  The penal law is amended by adding a new section 120.41 to read
 as follows:
 § 120.41 ADDITIONAL DEFINITIONS.
   FOR PURPOSES OF SECTIONS 120.09, 120.09-A, 120.45, 120.50, 120.55  AND
 120.60 OF THIS ARTICLE:
   1.  "SOCIAL  NETWORKING  WEBSITES" SHALL MEAN WEBSITES ON THE INTERNET
 THAT PERMIT PERSONS TO BE REGISTERED USERS FOR THE PURPOSE OF ESTABLISH-
 ING RELATIONSHIPS WITH OTHER USERS, WHERE SUCH PERSONS  (I)  MAY  CREATE
 WEB  PAGES  OR PROFILES THAT PROVIDE INFORMATION ABOUT THEMSELVES AND/OR
 UPLOAD PHOTOS, VIDEO, WRITTEN POSTS, AND OTHER CONTENT  WHERE  SUCH  WEB
 PAGES  OR PROFILES ARE AVAILABLE TO THE PUBLIC OR TO OTHER USERS, AND/OR
 (II) MAY COMMUNICATE WITH OTHER  USERS,  SUCH  AS  THROUGH  CHAT  ROOMS,
 INSTANT MESSENGER, DIRECT MESSAGING, EMAILING, AND/OR MESSAGE BOARDS.
   2.  "PERSONAL  INFORMATION"  SHALL INCLUDE, BUT IS NOT LIMITED TO, THE
 FOLLOWING: (I) HOME ADDRESS, (II) TELEPHONE  NUMBER,  (III)  CELL  PHONE
 NUMBER,  (IV)  EMAIL  ADDRESS,  (V)  SOCIAL SECURITY NUMBER, (VI) DRIVER
 S. 8305                            12                            A. 8805
 
 LICENSE NUMBER, (VII) MARITAL STATUS AND IDENTITY  OF  ANY  PRESENT  AND
 FORMER  SPOUSE,  (VIII)  IDENTITY  OF CHILDREN UNDER EIGHTEEN, (IX) BANK
 ACCOUNT NUMBER, (X) CREDIT OR DEBIT CARD NUMBER, (XI) PERSONAL IDENTIFI-
 CATION  NUMBER  (PIN),  (XII)  AUTOMATED OR ELECTRONIC SIGNATURE, (XIII)
 UNIQUE BIOMETRIC DATA, AND (XIV) ACCOUNT PASSWORDS.
   3. "JUDGE" SHALL INCLUDE AN EMPLOYED OR FORMER JUDGE OR JUSTICE OF THE
 UNIFIED COURT SYSTEM, A JUDGE OR FORMER JUDGE OF THE HOUSING PART OF THE
 CIVIL COURT OF THE CITY OF NEW YORK, AND AN ACTIVELY EMPLOYED OR  FORMER
 FEDERAL  JUDGE OR MAGISTRATE WHO SITS IN NEW YORK STATE (OR, IF A FORMER
 FEDERAL JUDGE OR MAGISTRATE, WHO, WHILE ACTIVE, SAT IN NEW YORK STATE).
   § 6. Subdivision 2 of section 120.45 of the penal law, as  amended  by
 chapter 184 of the laws of 2014, is amended to read as follows:
   2.  causes  material  harm  to  the mental or emotional health of such
 person, where such conduct consists of EITHER (I) following, telephoning
 or initiating communication or contact with such  person,  a  member  of
 such person's immediate family or a third party with whom such person is
 acquainted,  and the actor was previously clearly informed to cease that
 conduct, OR (II) DISSEMINATING PERSONAL INFORMATION THROUGH  OR  POSTING
 PERSONAL  INFORMATION ON SOCIAL NETWORKING WEBSITES ABOUT SUCH PERSON, A
 MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY OR A THIRD PARTY WITH WHOM SUCH
 PERSON IS ACQUAINTED; or
   § 7. The second undesignated paragraph of section 120.45  of the penal
 law, as added by chapter 184 of the laws of 2014, is amended to read  as
 follows:
   For  the  purposes  of  THIS  SECTION, IT SHALL CONSTITUTE PRESUMPTIVE
 EVIDENCE OF "HAVING NO LEGITIMATE PURPOSE" WHEN (I) THE  VICTIM  OF  THE
 CONDUCT  DESCRIBED UNDER THIS SECTION IS AN ACTIVE OR FORMER JUDGE, OR A
 MEMBER OF THEIR IMMEDIATE FAMILY, AND (II) THE PERSON  CHARGED  PURSUANT
 TO  THIS  SECTION, OR A MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY, WAS OR
 IS A PARTY TO A JUDICIAL  PROCEEDING  PENDING  BEFORE  THAT  JUDGE.  FOR
 PURPOSES  OF  subdivision two of this section, "following" shall include
 the unauthorized tracking of such person's movements or location through
 the use of a global positioning system or other device, AND ANY  POSTING
 ON  SOCIAL  NETWORKING WEBSITES OF PERSONAL INFORMATION SHALL BE CONSID-
 ERED A "COURSE OF CONDUCT" WHEN THE DEFENDANT HAS BEEN NOTIFIED THAT THE
 INDIVIDUAL WHOSE PERSONAL INFORMATION HAS BEEN POSTED HAS REQUESTED  THE
 DISSEMINATION  CEASE  AND/OR THE POSTING BE DELETED OR OTHERWISE REMOVED
 FROM ONLINE PUBLICATION AND SEVENTY-TWO HOURS HAVE ELAPSED  WITHOUT  THE
 DEFENDANT REQUESTING OR COMPLETING SUCH CESSATION, DELETION, OR REMOVAL.
   §  8.  Subdivision  5  of section 120.55 of the penal law, as added by
 chapter 598 of the laws of 2003, is amended and a new subdivision  6  is
 added to read as follows:
   5.  Commits  the  crime of stalking in the third degree, as defined in
 subdivision three of section 120.50 of this article, against ten or more
 persons, in ten or more separate transactions, for which the  actor  has
 not been previously convicted[.]; OR
   6.  COMMITS  THE CRIME OF STALKING IN THE FOURTH DEGREE, AS DEFINED IN
 SECTION 120.45 OF THIS ARTICLE, AGAINST A JUDGE OR A MEMBER OF A JUDGE'S
 IMMEDIATE FAMILY.
   § 9. Section 120.60 of the penal law, as amended by chapter 434 of the
 laws of 2000, is amended to read as follows:
 § 120.60 Stalking in the first degree.
   A person is guilty of stalking in the first degree when  [he  or  she]
 SUCH PERSON:
   1.  commits  the  crime  of stalking in the third degree as defined in
 subdivision three of section 120.50 or stalking in the second degree  as
 S. 8305                            13                            A. 8805
 
 defined  in section 120.55 of this article and, in the course and furth-
 erance thereof, [he or she] SUCH PERSON:
   [1.](A)  intentionally  or  recklessly  causes  physical injury to the
 victim of such crime; or
   [2.](B) commits a class A misdemeanor defined in article  one  hundred
 thirty  of  this chapter, or a class E felony defined in section 130.25,
 130.40 or 130.85 of this chapter, or a class D felony defined in section
 130.30 or 130.45 of this chapter; OR
   2. COMMITS THE CRIME OF STALKING IN THE SECOND DEGREE, AS  DEFINED  IN
 SUBDIVISION  SIX OF SECTION 120.55, AND HAS PREVIOUSLY BEEN CONVICTED OF
 AN OFFENSE DEFINED UNDER THIS SECTION  OR  SECTION  120.45,  120.50,  OR
 120.55 OF THIS ARTICLE WITHIN THE PRIOR FIVE YEARS.
   Stalking in the first degree is a class D felony.
   §  10. The penal law is amended by adding a new section 240.33 to read
 as follows:
 § 240.33 AGGRAVATED HARASSMENT OF A JUDGE.
   A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A JUDGE WHEN:
   1. WITH INTENT TO HARASS ANOTHER PERSON, THE ACTOR EITHER:
   (A) COMMUNICATES, ANONYMOUSLY OR OTHERWISE, BY TELEPHONE, BY  COMPUTER
 OR  ANY OTHER ELECTRONIC MEANS, OR BY MAIL, OR BY TRANSMITTING OR DELIV-
 ERING ANY OTHER FORM OF COMMUNICATION, A THREAT TO CAUSE  PHYSICAL  HARM
 TO,  OR  UNLAWFUL  HARM  TO THE PROPERTY OF, A PERSON THE ACTOR KNOWS OR
 REASONABLY SHOULD KNOW IS A JUDGE, OR A MEMBER OF SUCH JUDGE'S IMMEDIATE
 FAMILY, AND THE ACTOR KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNI-
 CATION WILL CAUSE SUCH JUDGE TO REASONABLY FEAR  HARM  TO  SUCH  JUDGE'S
 PHYSICAL  SAFETY OR PROPERTY, OR TO THE PHYSICAL SAFETY OR PROPERTY OF A
 MEMBER OF SUCH JUDGE'S IMMEDIATE FAMILY; OR
   (B) CAUSES A COMMUNICATION TO BE INITIATED ANONYMOUSLY  OR  OTHERWISE,
 BY  TELEPHONE, BY COMPUTER OR ANY OTHER ELECTRONIC MEANS, OR BY MAIL, OR
 BY TRANSMITTING OR DELIVERING ANY OTHER FORM OF COMMUNICATION, A  THREAT
 TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM TO THE PROPERTY OF, A PERSON
 THE  ACTOR  KNOWS  OR  REASONABLY SHOULD KNOW IS A JUDGE, OR A MEMBER OF
 SUCH JUDGE'S IMMEDIATE FAMILY, AND THE ACTOR KNOWS OR REASONABLY  SHOULD
 KNOW  THAT  SUCH  COMMUNICATION WILL CAUSE SUCH JUDGE TO REASONABLY FEAR
 HARM TO SUCH PERSON'S PHYSICAL SAFETY OR PROPERTY, OR  TO  THE  PHYSICAL
 SAFETY OR PROPERTY OF A MEMBER OF SUCH JUDGE'S IMMEDIATE FAMILY; OR
   2.  WITH  INTENT  TO  HARASS  OR  THREATEN A PERSON THE ACTOR KNOWS OR
 REASONABLY SHOULD KNOW IS A JUDGE OR A MEMBER OF SUCH JUDGE'S  IMMEDIATE
 FAMILY,  THE ACTOR MAKES A TELEPHONE CALL, WHETHER OR NOT A CONVERSATION
 ENSUES, WITH NO PURPOSE OF LEGITIMATE COMMUNICATION; OR
   3. WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM  A  PERSON  THE
 ACTOR  KNOWS  OR  REASONABLY  SHOULD KNOW IS A JUDGE OR A MEMBER OF SUCH
 JUDGE'S IMMEDIATE FAMILY, THE ACTOR STRIKES, SHOVES, KICKS, OR OTHERWISE
 SUBJECTS ANOTHER PERSON TO PHYSICAL CONTACT, OR ATTEMPTS OR THREATENS TO
 DO THE SAME BECAUSE OF A BELIEF OR PERCEPTION  REGARDING  SUCH  PERSON'S
 RACE,  COLOR,  NATIONAL  ORIGIN,  ANCESTRY,  GENDER,  GENDER IDENTITY OR
 EXPRESSION, RELIGION, RELIGIOUS  PRACTICE,  AGE,  DISABILITY  OR  SEXUAL
 ORIENTATION,  REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT;
 OR
   4. WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM  A  PERSON  THE
 ACTOR  KNOWS  OR  REASONABLY  SHOULD KNOW IS A JUDGE OR A MEMBER OF SUCH
 JUDGE'S IMMEDIATE FAMILY, THE ACTOR STRIKES, SHOVES, KICKS OR  OTHERWISE
 SUBJECTS  ANOTHER  PERSON  TO  PHYSICAL CONTACT THEREBY CAUSING PHYSICAL
 INJURY TO SUCH PERSON OR TO AN IMMEDIATE FAMILY MEMBER OF  SUCH  PERSON;
 OR
 S. 8305                            14                            A. 8805
 
   5.  THE  ACTOR  COMMITS  THE  CRIME  OF HARASSMENT IN THE FIRST DEGREE
 AGAINST A PERSON THE ACTOR KNOWS OR REASONABLY SHOULD KNOW IS A JUDGE OR
 A MEMBER OF SUCH  JUDGE'S  IMMEDIATE  FAMILY  AND  HAS  PREVIOUSLY  BEEN
 CONVICTED  OF  THE CRIME OF HARASSMENT IN THE FIRST DEGREE AS DEFINED BY
 SECTION 240.25 OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS.
   FOR  PURPOSES  OF  THIS  SECTION: "JUDGE" SHALL INCLUDE AN EMPLOYED OR
 FORMER JUDGE OR JUSTICE OF THE UNIFIED COURT SYSTEM, A JUDGE  OR  FORMER
 JUDGE  OF  THE  HOUSING PART OF THE CIVIL COURT OF THE CITY OF NEW YORK,
 AND AN ACTIVELY EMPLOYED OR FORMER FEDERAL JUDGE OR MAGISTRATE WHO  SITS
 IN  NEW  YORK  STATE  (OR, IF A FORMER FEDERAL JUDGE OR MAGISTRATE, WHO,
 WHILE ACTIVE, SAT IN NEW YORK STATE); AND "IMMEDIATE FAMILY"  MEANS  THE
 SPOUSE,  FORMER  SPOUSE, PARENT, CHILD, SIBLING, OR ANY OTHER PERSON WHO
 REGULARLY RESIDES OR HAS REGULARLY RESIDED IN THE HOUSEHOLD OF A PERSON.
   AGGRAVATED HARASSMENT OF A JUDGE IS A CLASS E FELONY.
   § 11. Section 3-220 of the election law is amended  by  adding  a  new
 subdivision 8 to read as follows:
   8.  WHERE  A  BOARD  OF  ELECTIONS RECEIVES A NOTIFICATION PURSUANT TO
 PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED FIFTY-NINE  OF
 THE  JUDICIARY  LAW,  SUCH  BOARD  OF  ELECTIONS  SHALL COMPLY WITH SUCH
 NOTIFICATION,  EXCEPT THAT WHERE THE NOTIFICATION REQUIRES THE BOARD  OF
 ELECTIONS  TO  CEASE  MAKING A PERSON'S ADDRESS PUBLIC, SUCH BOARD SHALL
 NOT COMPLY THEREWITH FROM THE DATE OF FILING OF  ANY  BALLOT  ACCESS  OR
 RELATED  DOCUMENT  CONTAINING  SUCH ADDRESS UNTIL THIRTY  DAYS AFTER THE
 LAST DAY TO COMMENCE A SPECIAL PROCEEDING OR ACTION WITH RESPECT TO SUCH
 FILING.
   § 12. This act shall take effect on the ninetieth day after  it  shall
 have become a law;  provided, however, the provisions of sections three,
 four,  five,  six,  seven,  eight,  nine  and ten of this act shall take
 effect the first day of  November  next  succeeding  the  ninetieth  day
 following the date on which this act shall have become a law.

                                  PART G
 
   Section 1. Subdivision 8 of section 10 of the cannabis law, as amended
 by section 9 of part UU of chapter 56 of the laws of 2023, is amended to
 read as follows:
   8.  To  conduct regulatory inspections during normal business hours of
 any place of business, including a vehicle OR STORAGE FACILITY used  for
 such  business,  where  medical  cannabis, adult-use cannabis, cannabis,
 cannabis product,  cannabinoid  hemp,  hemp  extract  products,  or  any
 products marketed or labeled as such, are cultivated, processed, stored,
 distributed  or  sold  by any person holding a registration, license, or
 permit under this chapter, or by any person who is engaging in  activity
 for  which  a  license  would  be  required  under this chapter. For the
 purposes of this subdivision, "place of business" shall  not  include  a
 residence  or  other real property not otherwise held out as open to the
 public or otherwise being utilized in a business or commercial manner or
 any private vehicle OR STORAGE FACILITY on or about the same such  prop-
 erty,  unless probable cause exists to believe that such residence, real
 property, or vehicle are being  used  in  such  business  or  commercial
 manner for the activity described herein.
   §  2.  Subdivisions  3  and  5  of  section 11 of the cannabis law, as
 amended by section 10 of part UU of chapter 56 of the laws of 2023,  are
 amended to read as follows:
   3.  To  conduct regulatory inspections during normal business hours of
 any place of business, including a vehicle OR STORAGE FACILITY used  for
 S. 8305                            15                            A. 8805

 such  business, where cannabis, cannabis product, cannabinoid hemp, hemp
 extract products, or any products  marketed  or  labeled  as  such,  are
 cultivated, processed, manufactured, DISTRIBUTED, STORED, or sold, irre-
 spective  of  whether a registration, license, or permit has been issued
 under this chapter. For the purposes  of  this  subdivision,  "place  of
 business"  shall  not  include  a  residence  or other real property not
 otherwise held out as open to the public or otherwise being utilized  in
 a business or commercial manner or any private vehicle OR STORAGE FACIL-
 ITY  on or about the same such property, unless probable cause exists to
 believe that such residence, real property, or vehicle are being used in
 such business or commercial manner for the activity described herein.
   5. To conduct regulatory inspections during normal business  hours  of
 any  registered,  licensed  or  permitted place of business, including a
 vehicle OR STORAGE FACILITY used for such business, where medical canna-
 bis, adult-use cannabis, cannabinoid hemp, hemp extract products, or any
 products marketed or labeled as such, are cultivated, processed, stored,
 distributed or sold.  For the purposes of this  subdivision,  "place  of
 business"  shall  not  include  a  residence  or other real property not
 otherwise held out as open to the public or otherwise being utilized  in
 a business or commercial manner or any private vehicle OR STORAGE FACIL-
 ITY  on or about the same such property, unless probable cause exists to
 believe that such residence, real property, or vehicle are being used in
 such business or commercial manner for the activity described herein.
   § 3. Section 16 of the cannabis law is amended by adding a new  subdi-
 vision 7 to read as follows:
   7.  ANY  ACTION  OR  PROCEEDING  BROUGHT  PURSUANT  TO THIS SECTION OR
 SECTION SIXTEEN-A OF THIS ARTICLE OR SECTION ONE HUNDRED  THIRTY-EIGHT-A
 OF  THIS  CHAPTER  MAY BE FILED UNDER TEMPORARY SEAL AND THE CLERK SHALL
 PROVIDE A SEALED INDEX NUMBER UPON REQUEST OF THE OFFICE OR THE ATTORNEY
 GENERAL. IF TEMPORARY SEALING CANNOT  BE  IMPLEMENTED  VIA  THE  COURT'S
 ELECTRONIC  FILING  SYSTEM, SUCH ACTION OR PROCEEDING SHALL BE PERMITTED
 BY THE COURT TO BE FILED THROUGH HARD COPY.
   § 4.  Section 16-a of the cannabis law, as added by section 12 of part
 UU of chapter 56 of the laws of 2023, is amended to read as follows:
   § 16-a. Emergency relief. Following service of [a notice of  violation
 and] AN order requiring immediate cessation of unlicensed activity under
 this  chapter, the office of cannabis management, or the attorney gener-
 al, at the request of and on behalf of the office, OR ANY COUNTY  ATTOR-
 NEY,  CORPORATION  COUNSEL,  OR  LOCAL GOVERNMENT AUTHORIZED PURSUANT TO
 SUBDIVISION EIGHT OF THIS SECTION TO BRING AND MAINTAIN A CIVIL PROCEED-
 ING IN ACCORDANCE WITH THE PROCEDURES SET FORTH  IN  THIS  SECTION,  may
 bring and maintain a civil proceeding in the supreme court of the county
 in  which the building or premises is located to permanently enjoin such
 unlicensed activity when conducted, maintained,  or  permitted  in  such
 building  or  premises,  occupied as a place of business as described in
 subdivision eight of section ten of this chapter, in violation of subdi-
 vision one or one-a of section one hundred twenty-five of  this  chapter
 or  subdivision eight of section one hundred thirty-two of this chapter,
 which shall constitute an unlicensed activity that presents a danger  to
 the public health, safety, and welfare, and shall also enjoin the person
 or  persons  conducting  or  maintaining  such  unlicensed  activity, in
 accordance with the following procedures:
   1. Proceeding for permanent injunction. (a) To the extent  known,  the
 owner,  lessor,  and  lessee of a building or premises wherein the unli-
 censed activity is being conducted, maintained, or  permitted  shall  be
 made defendants in the proceeding. The venue of such proceeding shall be
 S. 8305                            16                            A. 8805

 in  the  county  where the unlicensed activity is being conducted, main-
 tained, or permitted OR IN ANY VENUE WHERE A RESPONDENT IS LOCATED.  The
 existence of an adequate remedy at law shall not prevent the granting of
 temporary or permanent relief pursuant to this section.
   (b)  The  proceeding shall name as defendants the building or premises
 wherein the unlicensed  activity  is  being  conducted,  maintained,  or
 permitted,  by  describing it by tax lot and street address and at least
 one of the owners of some part of or interest in the property.
   (c) In rem jurisdiction shall be complete over the building  or  prem-
 ises  wherein the unlicensed activity is being conducted, maintained, or
 permitted by affixing the notice of petition OR ORDER TO SHOW  CAUSE  to
 the  door of the building or premises and by mailing the notice of peti-
 tion OR ORDER TO SHOW CAUSE by  certified  or  registered  mail,  return
 receipt  requested,  to one of the owners of some part of or interest in
 the property. Proof of service shall be filed [within two days] PROMPTLY
 thereafter with the clerk of the court designated in the notice of peti-
 tion OR ORDER TO SHOW CAUSE.  In any county where e-filing  is  unavail-
 able,  proof  of  service  may  be mailed to the clerk. Service shall be
 complete upon such filing or mailing.
   (d) Defendants, other than the building or premises wherein the  unli-
 censed  activity  is being conducted, maintained, or permitted, shall be
 served with the notice of petition OR ORDER TO SHOW CAUSE as provided in
 the civil practice law and rules or pursuant to  court  order.  No  more
 than thirty days prior to such service, the office shall mail a copy, by
 certified mail, of any [prior notice of violation or letter or] order to
 cease  and desist relating to the unlicensed activity at the building or
 premises to the person in whose name the real  estate  affected  by  the
 proceeding  is recorded in the office of the city register or the county
 clerk, as the case may be, who shall be presumed to be the owner  there-
 of.  Such  mailing  shall  constitute  notice  to the owner and shall be
 deemed to be complete upon such mailing by the office as provided above.
 No more than fifteen days prior to such service, the  office,  [or]  the
 attorney  general,  at  the  request  of  and on behalf of the office of
 cannabis management, OR ANY  LOCAL  GOVERNMENT  AUTHORIZED  PURSUANT  TO
 SUBDIVISION  EIGHT OF THIS SECTION shall verify the ongoing occupancy of
 any natural person who is a tenant of record and alleged to have  caused
 or permitted the unlicensed activity in the building or premises wherein
 the  unlicensed  activity is alleged to have been conducted, maintained,
 or permitted. [If at any time such defendants vacate  such  building  or
 premises, any action or proceeding filed in accordance with these proce-
 dures relating to such building or premises shall be withdrawn.]
   (e) With respect to any proceeding commenced or to be commenced pursu-
 ant to this section by the office of cannabis management or the attorney
 general,  at  the  request  of  and  on behalf of the office, may file a
 notice of pendency pursuant to the provisions of article  sixty-five  of
 the civil practice law and rules.
   (f)  The person in whose name the real estate affected by the proceed-
 ing is recorded in the office of the city register or the county  clerk,
 as  the  case  may  be,  shall be presumed to be the owner thereof. Upon
 being served in a proceeding under this section, such  owner  shall,  to
 the  extent  known, provide to the office of cannabis management, within
 three days, the names of any other owners, lessors and  lessees  of  the
 building  or premises that is the subject of the proceeding. Thereafter,
 such owners, lessors and lessees may be made parties to the proceeding.
   (g) Whenever there is evidence that a person was the  manager,  opera-
 tor,  supervisor or, in any other way, in charge of the premises, at the
 S. 8305                            17                            A. 8805

 time the unlicensed activity was being conducted, maintained, or permit-
 ted, such evidence shall be presumptive that [he or she was]  THEY  WERE
 an agent or employee of the owner or lessee of the building or premises.
   (h)  A  DEFENDANT  SHALL  FURNISH TO ANY OTHER PARTY, WITHIN FIVE DAYS
 AFTER A DEMAND, A VERIFIED STATEMENT IDENTIFYING:
   (I) IF THE RESPONDING PARTY IS A NATURAL  PERSON,  SUCH  PARTY'S:  (1)
 FULL  LEGAL NAME; (2) DATE OF BIRTH; (3) CURRENT HOME OR BUSINESS STREET
 ADDRESS; AND (4) A UNIQUE IDENTIFYING  NUMBER  FROM:  (A)  AN  UNEXPIRED
 PASSPORT;  (B)  AN UNEXPIRED STATE DRIVER'S LICENSE; OR (C) AN UNEXPIRED
 IDENTIFICATION CARD OR DOCUMENT ISSUED BY A STATE  OR  LOCAL  GOVERNMENT
 AGENCY  OR  TRIBAL  AUTHORITY  FOR THE PURPOSE OF IDENTIFICATION OF THAT
 INDIVIDUAL;
   (II) IF THE RESPONDING PARTY IS A PARTNERSHIP, LIMITED LIABILITY PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR OTHER UNINCORPORATED ASSOCIATION,
 INCLUDING A FOR PROFIT  OR  NOT-FOR-PROFIT  MEMBERSHIP  ORGANIZATION  OR
 CLUB,  THE  INFORMATION  REQUIRED  PURSUANT  TO SUBPARAGRAPH (I) OF THIS
 PARAGRAPH FOR EACH OF ITS PARTNERS OR MEMBERS, AS WELL AS THE  STATE  OR
 OTHER JURISDICTION OF ITS FORMATION;
   (III)  IF  THE  RESPONDING  PARTY IS A CORPORATION, ITS STATE OR OTHER
 JURISDICTION OF INCORPORATION, PRINCIPAL  PLACE  OF  BUSINESS,  AND  ANY
 STATE OR OTHER JURISDICTION OF WHICH THAT PARTY IS A CITIZEN;
   (IV)  IF THE RESPONDING PARTY IS NOT AN INDIVIDUAL, IN ADDITION TO ANY
 INFORMATION PROVIDED PURSUANT TO SUBPARAGRAPHS (II) AND  (III)  OF  THIS
 PARAGRAPH,  AND  TO  THE EXTENT NOT PREVIOUSLY PROVIDED, EACH BENEFICIAL
 OWNER OF THE RESPONDING PARTY BY: (1)  FULL  LEGAL  NAME;  (2)  DATE  OF
 BIRTH;  (3)  CURRENT  HOME  OR BUSINESS STREET ADDRESS; AND (4) A UNIQUE
 IDENTIFYING NUMBER FROM: (A) AN UNEXPIRED  PASSPORT;  (B)  AN  UNEXPIRED
 STATE DRIVER'S LICENSE; OR (C) AN UNEXPIRED IDENTIFICATION CARD OR DOCU-
 MENT  ISSUED  BY  A STATE OR LOCAL GOVERNMENT AGENCY OR TRIBAL AUTHORITY
 FOR THE PURPOSE OF IDENTIFICATION OF THAT INDIVIDUAL. AS  USED  IN  THIS
 SUBPARAGRAPH, THE TERM "BENEFICIAL OWNER" SHALL HAVE THE SAME MEANING AS
 DEFINED  IN  31  U.S.C.  §  5336(A)(3),  AS AMENDED, AND ANY REGULATIONS
 PROMULGATED THEREUNDER.
   (I) If a finding is made that the defendant has conducted, maintained,
 or permitted the unlicensed activity a penalty, to be  included  in  the
 judgment, may be awarded in an amount not to exceed ten thousand dollars
 for  each  day  it  is found that the defendant intentionally conducted,
 maintained or permitted the unlicensed  activity.  WITH  REGARD  TO  ANY
 DEFENDANT CONDUCTING THE REFERENCED UNLICENSED ACTIVITY, ANY SUCH PENAL-
 TIES  MAY  BE  AWARDED  IN ADDITION TO ANY PENALTIES THAT MAY BE IMPOSED
 PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THIS CHAPTER. Upon  recov-
 ery, such penalty shall be paid to the office of cannabis management, OR
 TO  THE  COUNTY  ATTORNEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT THAT
 HAS BEEN AUTHORIZED PURSUANT TO SUBDIVISION EIGHT  OF  THIS  SECTION  TO
 BRING  AND MAINTAIN A CIVIL PROCEEDING IN ACCORDANCE WITH THE PROCEDURES
 SET FORTH IN THIS SECTION.
   2. Preliminary injunction. (a) Pending a proceeding  for  a  permanent
 injunction  pursuant  to  this section the court may grant a preliminary
 injunction enjoining the unlicensed activity and the person  or  persons
 conducting,  maintaining,  or  permitting  the  unlicensed activity from
 further conducting, maintaining, or permitting the unlicensed  activity,
 where  the  public  health,  safety  or welfare immediately requires the
 granting of such injunction. A temporary closing order  may  be  granted
 pending a hearing for a preliminary injunction where it appears by clear
 and  convincing  evidence  that  unlicensed activity within the scope of
 this section is being conducted, maintained, or permitted and  that  the
 S. 8305                            18                            A. 8805
 
 public  health, safety or welfare immediately requires the granting of a
 temporary closing order. A temporary restraining order  may  be  granted
 pending a hearing for a preliminary injunction.
   (b)  A  preliminary  injunction shall be enforced by the office or, at
 the request of the office, the attorney general. At the request  of  the
 office,  a  police  officer  or peace officer with jurisdiction may also
 enforce the preliminary injunction.
   (c) The office or the attorney general shall show,  by  affidavit  and
 such other evidence as may be submitted, that there is a cause of action
 for a permanent injunction abating unlicensed activity.
   3.  Temporary  closing  order.  (a)  If, on a motion for a preliminary
 injunction alleging unlicensed activity as described in this section  in
 a  building or premises used for commercial purposes only, the office or
 the attorney general demonstrates by clear and convincing evidence  that
 such  unlicensed  activity  is being conducted, maintained, or permitted
 and that the public health, safety, or welfare  immediately  requires  a
 temporary  closing  order,  a  temporary  order closing such part of the
 building  or  premises  wherein  such  unlicensed  activity   is   being
 conducted, maintained, or permitted may be granted without notice, pend-
 ing  order  of the court granting or refusing the preliminary injunction
 and until further order of the court. Upon granting a temporary  closing
 order,  the court shall direct the holding of a hearing for the prelimi-
 nary injunction at the earliest possible time but no later than  [three]
 TEN  business  days  from  the granting of such order; a decision on the
 motion for a preliminary injunction shall be rendered by the court with-
 in [three business] THIRTY CALENDAR days after  the  conclusion  of  the
 hearing.
   (b)  Unless  the  court  orders  otherwise,  a temporary closing order
 together with the papers upon which it was based and a notice of hearing
 for the preliminary injunction shall be personally served, in  the  same
 manner as a summons as provided in the civil practice law and rules.
   (c) [A temporary closing order shall only be issued prior to a hearing
 on  a  preliminary  injunction  if  the building or premises is used for
 commercial purposes only.
   (d)] No temporary closing order shall be issued against  any  building
 or  premises  where,  in  addition  to  the unlicensed activity which is
 alleged, activity that is licensed or otherwise lawful remains in  place
 AND THE UNLICENSED ACTIVITY IS MERELY A DE MINIMIS PART OF THE BUSINESS.
 IN  ASSESSING  WHETHER UNLICENSED ACTIVITY WITHIN A BUILDING OR PREMISES
 IS MORE THAN DE MINIMIS, THE COURT SHALL CONSIDER SUCH FACTORS  AS:  (I)
 THE PRESENCE OF SIGNS OR SYMBOLS, INDOORS OR OUT, ADVERTISING UNLICENSED
 ACTIVITY  OR OTHERWISE INDICATING THAT CANNABIS IS SOLD ON THE PREMISES;
 (II)  INFORMATION  SHARED  IN  ANY  ADVERTISEMENTS  OR  OTHER  MARKETING
 CONTENT,  INCLUDING  BUT NOT LIMITED TO SOCIAL MEDIA, IN CONNECTION WITH
 THE UNLICENSED ACTIVITY; (III) THE LAYOUT OF THE BUSINESS WITH REGARD TO
 LAWFUL AND UNLICENSED ACTIVITIES OCCURRING ON THE PREMISES; AND (IV)  AN
 ASSESSMENT  OF  THE  VOLUME  OF CANNABIS, CANNABIS PRODUCTS, CANNABINOID
 HEMP, HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED  AS  SUCH
 AT SUCH PLACE OF BUSINESS. In addition, no temporary closing order shall
 be  issued  against  any  building  or premises which is used in part as
 residence and pursuant to local law or ordinance is zoned  and  lawfully
 occupied as a residence.
   4.  Temporary restraining order. (a) If, on a motion for a preliminary
 injunction alleging unlicensed activity as described in this section  in
 a  building  or premises used for commercial purposes, the office or the
 attorney general demonstrates by clear and convincing evidence that such
 S. 8305                            19                            A. 8805
 
 unlicensed activity is being conducted,  maintained,  or  permitted  and
 that the public health, safety, or welfare immediately requires a tempo-
 rary  restraining  order,  a  temporary restraining order may be granted
 without  notice restraining the defendants and all persons from removing
 or in any manner interfering with the furniture,  fixtures  and  movable
 property  used  in conducting, maintaining or permitting such unlicensed
 activity, including [adult-use] cannabis, CANNABIS PRODUCT,  CANNABINOID
 HEMP OR HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH
 and  from  further conducting, maintaining or permitting such unlicensed
 activity, pending order of the court granting or refusing  the  prelimi-
 nary  injunction  and  until further order of the court. Upon granting a
 temporary restraining order, the court shall direct  the  holding  of  a
 hearing for the preliminary injunction at the earliest possible time but
 no  later  than  three  business days from the granting of such order; a
 decision on the motion for a preliminary injunction shall be rendered by
 the court within [three business] THIRTY CALENDAR days after the conclu-
 sion of the hearing.
   (b) Unless the court orders otherwise, a temporary  restraining  order
 and  the  papers upon which it was based and a notice of hearing for the
 preliminary injunction shall be personally served, in the same manner as
 a summons as provided in the civil practice  law  and  rules,  UPON  ANY
 AGENT, EMPLOYEE, OR OTHER REPRESENTATIVE OF THE DEFENDANT BUSINESS PRES-
 ENT AT THE TIME THE TEMPORARY RESTRAINING ORDER IS EFFECTUATED.
   5.  Temporary  closing  order; temporary restraining order; additional
 enforcement procedures. (a) If on a motion for a preliminary injunction,
 the office of  cannabis  management  or  the  attorney  general  submits
 evidence  warranting  both  a  temporary  closing  order and a temporary
 restraining order, the court shall grant both orders.
   (b) Upon the request of the office, any police officer or peace  offi-
 cer with jurisdiction may assist in the enforcement of a temporary clos-
 ing order and temporary restraining order. ANY REFERENCE TO POLICE OFFI-
 CER  OR PEACE OFFICER IN THIS SUBDIVISION AND SUBDIVISIONS SIX AND SEVEN
 OF THIS SECTION SHALL ALSO INCLUDE  ANY  INVESTIGATOR  EMPLOYED  BY  THE
 OFFICE OF THE ATTORNEY GENERAL.
   (c)  The  police  officer or peace officer serving a temporary closing
 order or a temporary restraining order shall forthwith make  and  return
 to  the  court an inventory of personal property situated in and used in
 conducting, maintaining, or permitting the  unlicensed  activity  within
 the  scope of this chapter and shall enter upon the building or premises
 for such purpose. Such inventory shall be taken in any manner  which  is
 deemed  likely  to  evidence  a  true and accurate representation of the
 personal property subject to such inventory including, but  not  limited
 to  photographing  such personal property, EXCEPT THAT ANY CASH FOUND ON
 THE PREMISES DURING SUCH INVENTORY SHALL  BE  INVENTORIED,  SEIZED,  AND
 SECURED  OFF  PREMISES  PENDING  FURTHER  ORDER OF THE COURT. ANY POLICE
 OFFICER OR PEACE OFFICER, OR ANY REPRESENTATIVE OF THE OFFICE, SHALL  BE
 PERMITTED  TO  REVIEW  AND  COPY  RECORDS,  INCLUDING ELECTRONIC RECORDS
 STORED ON CLOUD PLATFORMS.
   (d) The police officer or peace officer serving  a  temporary  closing
 order  shall,  upon service of the order, command all persons present in
 the building or premises to vacate  the  premises  forthwith.  Upon  the
 building  or  premises  being  vacated,  the  premises shall be securely
 locked and all keys delivered to the officer serving the order who ther-
 eafter [shall] MAY deliver the keys to the fee owner, lessor, or  lessee
 of  the  building  or  premises  involved.  If the fee owner, lessor, or
 lessee is not at the building  or  premises  when  the  order  is  being
 S. 8305                            20                            A. 8805
 
 executed, the officer shall securely padlock the premises and retain the
 keys  until  the  fee owner, lessor, or lessee of the building is ascer-
 tained, in which event, the officer [shall] MAY deliver the keys to such
 owner,  lessor,  or  lessee  OR RETAIN THEM PENDING FURTHER ORDER OF THE
 COURT.
   (e) Upon service of a temporary closing order or a temporary restrain-
 ing order, the police officer or peace officer shall post a copy thereof
 in a conspicuous place or upon one or more of  the  principal  doors  at
 entrances  of  such  premises  where  the  unlicensed  activity is being
 conducted, maintained, or permitted.  In  addition,  where  a  temporary
 closing  order has been granted, the officer shall affix, in a conspicu-
 ous place or upon one or more of the principal  doors  at  entrances  of
 such  premises,  a  printed notice that the premises have been closed by
 court order, which notice shall contain  the  legend  "closed  by  court
 order"  in  block  lettering of sufficient size to be observed by anyone
 intending or likely to enter the premises, the date of  the  order,  the
 court  from  which issued, and the name of the officer or agency posting
 the notice. In addition, where a temporary restraining  order  has  been
 granted,  the  police  officer or peace officer shall affix, in the same
 manner, a notice similar to the notice provided for  in  relation  to  a
 temporary  closing order except that the notice shall state that certain
 described activity is prohibited by court  order  and  that  removal  of
 property  is  prohibited by court order. Mutilation or removal of such a
 posted order or such a posted notice while it remains in force, in addi-
 tion to any other punishment prescribed by law, shall be punishable,  on
 conviction,  by  a  fine  of  not  more than five thousand dollars or by
 imprisonment not exceeding ninety days, or by both, provided such  order
 or  notice contains therein a notice of such penalty. Any police officer
 or peace officer with jurisdiction may, upon the request of the  office,
 assist in the enforcement of this section.
   6.  Temporary  closing order; temporary restraining order; defendant's
 remedies. (a) A temporary closing order or a temporary restraining order
 [shall] MAY be vacated, upon notice to the  office  AND  TO  ANY  COUNTY
 ATTORNEY,  CORPORATION  COUNSEL,  OR LOCAL GOVERNMENT THAT MAY HAVE BEEN
 AUTHORIZED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION  TO  BRING  AND
 MAINTAIN  THE  PROCEEDING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN
 THIS SECTION, if [the] A defendant WHO IS  THE  FEE  OWNER,  LESSOR,  OR
 LESSEE  OF  THE  BUILDING  OR PREMISES shows by affidavit and such other
 proof as may be submitted that the unlicensed activity within the  scope
 of  this  chapter  has been abated AND THAT THEY ARE ALSO NOT AFFILIATED
 WITH THE PERSON WHO IS CONDUCTING  THE  UNLICENSED  ACTIVITY.  An  order
 vacating  a  temporary  closing  order  or a temporary restraining order
 shall include a provision authorizing the office, OR ANY  COUNTY  ATTOR-
 NEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT, AS APPLICABLE, to inspect
 the  building  or premises which is the subject of a proceeding pursuant
 to this subdivision, periodically without notice, during the pendency of
 the proceeding for the purpose of ascertaining whether or not the  unli-
 censed  activity  has  been resumed. Any police officer or peace officer
 with jurisdiction may, upon the request of the  office,  assist  in  the
 enforcement  of an inspection provision of an order vacating a temporary
 closing order or temporary restraining order.
   (b) A temporary closing order or a temporary restraining order may  be
 vacated by the court, upon notice to the office, OR ANY COUNTY ATTORNEY,
 CORPORATION  COUNSEL,  OR  LOCAL GOVERNMENT, AS APPLICABLE, when [the] A
 defendant ENTITLED TO REQUEST VACATUR PURSUANT TO PARAGRAPH (A) OF  THIS
 SUBDIVISION  gives  an  undertaking  and the court is satisfied that the
 S. 8305                            21                            A. 8805
 
 public health, safety, or welfare will be  protected  adequately  during
 the  pendency  of  the proceeding. The undertaking shall be in an amount
 equal to the assessed valuation of the building or  premises  where  the
 unlicensed  activity  is being conducted, maintained, or permitted or in
 such other amount as may be fixed by the court. The defendant shall  pay
 to  the  office  and  the  attorney  general, in the event a judgment of
 permanent injunction is  obtained,  their  actual  costs,  expenses  and
 disbursements  in  bringing and maintaining the proceeding. In addition,
 the defendant shall pay to the local government or law enforcement agen-
 cy that provided assistance in enforcing any order of the  court  issued
 pursuant  to  a proceeding brought under this section, its actual costs,
 expenses and disbursements in assisting  with  the  enforcement  of  the
 proceeding.
   7.  Permanent  injunction. (a) A judgment awarding a permanent injunc-
 tion pursuant to this chapter shall direct that  any  illicit  cannabis,
 CANNABIS PRODUCT, CANNABINOID HEMP OR HEMP EXTRACT PRODUCT, OR ANY PROD-
 UCT  MARKETED  OR  LABELED  AS  SUCH  seized shall be turned over to the
 office of cannabis management or their  authorized  representative.  The
 judgment  may  further  direct  any police officer or peace officer with
 jurisdiction to seize and remove from the building or premises all mate-
 rial, equipment, and instrumentalities used in the creation and  mainte-
 nance  of the unlicensed activity and shall direct the sale by the sher-
 iff of any such property in the manner provided for the sale of personal
 property under execution pursuant to the provisions of the  civil  prac-
 tice  law  and rules, IF THE ESTIMATED VALUE OF THE PROPERTY EXCEEDS THE
 ESTIMATED LAWFUL EXPENSES OF SUCH SALE, OR THE DISPOSAL OF THE  PROPERTY
 IF  THE  ESTIMATED  VALUE  OF THE PROPERTY DOES NOT EXCEED THE ESTIMATED
 LAWFUL EXPENSES OF SUCH SALE. The net proceeds of any such  sale,  after
 deduction  of the lawful expenses involved, shall be paid to the general
 fund of the state.
   (b) A judgment awarding a permanent injunction pursuant to this  chap-
 ter  may  direct  the  closing of the building or premises by any police
 officer or peace officer with jurisdiction to the  extent  necessary  to
 abate  the  unlicensed  activity  and shall direct any police officer or
 peace officer with jurisdiction to post a copy of  the  judgment  and  a
 printed  notice  of  such closing conforming to the requirements of this
 chapter. The closing directed by the judgment shall be for  such  period
 as the court may direct but in no event shall the closing be for a peri-
 od  of  more than one year from the posting of the judgment provided for
 in this section.  If the owner shall file a bond in  the  value  of  the
 property  ordered  to  be closed and submits proof to the court that the
 unlicensed activity has been abated and will not be created, maintained,
 or permitted for such period of time as the  building  or  premises  has
 been  directed to be closed in the judgment, AND ALSO SUBMITS PROOF THAT
 THEY ARE ALSO NOT AFFILIATED WITH THE PERSON WHO IS CONDUCTING THE UNLI-
 CENSED ACTIVITY, the court may vacate the  provisions  of  the  judgment
 that  direct  the  closing  of  the building or premises. A closing by a
 police officer or  peace  officer  with  jurisdiction  pursuant  to  the
 provisions  of  this  section shall not constitute an act of possession,
 ownership, or control by such police officer or  peace  officer  of  the
 closed premises.
   (c)  Upon  the  request  of  the  office of cannabis management or its
 authorized representative, OR ANY COUNTY ATTORNEY, CORPORATION  COUNSEL,
 OR  LOCAL  GOVERNMENT  AUTHORIZED  PURSUANT TO SUBDIVISION EIGHT OF THIS
 SECTION TO BRING AND MAINTAIN A CIVIL PROCEEDING IN ACCORDANCE WITH  THE
 PROCEDURES  SET FORTH IN THIS SECTION, any police officer or peace offi-
 S. 8305                            22                            A. 8805
 
 cer with jurisdiction may assist in the enforcement of a judgment award-
 ing a permanent injunction entered in a proceeding brought  pursuant  to
 this chapter.
   (d)  A  judgment  rendered awarding a permanent injunction pursuant to
 this chapter shall be and become a lien upon the  building  or  premises
 named  in  the  petition  in such proceeding, such lien to date from the
 time of filing a notice of lis pendens in the office of the clerk of the
 county wherein the building or premises  is  located.  Every  such  lien
 shall  have priority before any mortgage or other lien that exists prior
 to such filing except tax and assessment liens.
   (e) A judgment awarding a permanent injunction pursuant to this  chap-
 ter shall provide, in addition to the costs and disbursements allowed by
 the  civil  practice law and rules, upon satisfactory proof by affidavit
 or such other evidence as may be submitted, the actual  costs,  expenses
 and  disbursements  of  the  office  and the attorney general, OR OF ANY
 COUNTY ATTORNEY, CORPORATION COUNSEL,  OR  LOCAL  GOVERNMENT  AUTHORIZED
 PURSUANT  TO  SUBDIVISION  EIGHT OF THIS SECTION TO BRING AND MAINTAIN A
 CIVIL PROCEEDING IN ACCORDANCE WITH THE PROCEDURES  SET  FORTH  IN  THIS
 SECTION, in bringing and maintaining the proceeding.
   8.  Civil  proceedings.  In  addition to the authority granted in this
 section to the office of cannabis management and the  attorney  general,
 ANY  county  attorney, corporation counsel, or local government in which
 such building or premises is located may, after the office  of  cannabis
 management  grants  permission  in  writing,  bring and maintain a civil
 proceeding in the supreme court of the county in which the  building  or
 premises  is  located  to  permanently  enjoin  the  unlicensed activity
 described in this section and the person or persons conducting or  main-
 taining  such unlicensed activity, in accordance with the procedures set
 forth in this section. The office shall be permitted to intervene as  of
 right in any such proceeding. Any such governmental entity which obtains
 a  permanent  injunction  pursuant  to this chapter shall be awarded, in
 addition to the costs and disbursements allowed by  the  civil  practice
 law  and  rules,  upon  satisfactory  proof  by  affidavit or such other
 evidence as may be submitted, ANY PENALTIES AWARDED  PURSUANT  TO  PARA-
 GRAPH  (H)  OF  SUBDIVISION  ONE OR PARAGRAPH (E) OF SUBDIVISION FIVE OF
 THIS SECTION AND the actual costs, expenses and disbursements in  bring-
 ing  and  maintaining  the  proceeding.  The  authority provided by this
 subdivision shall be in addition to, and shall not be deemed to diminish
 or reduce, any rights of the parties described  in  this  section  under
 existing  law  for  any  violation pursuant to this chapter or any other
 law.
   § 5. Subdivision 3 of section 17 of the cannabis law,  as  amended  by
 section  13  of part UU of chapter 56 of the laws of 2023, is amended to
 read as follows:
   3. Notice and right of hearing as provided in the state administrative
 procedure act shall be served at least fifteen days prior to the date of
 the hearing, provided that, whenever because of  danger  to  the  public
 health, safety or welfare it appears prejudicial to the interests of the
 people  of the state to delay action for fifteen days or with respect to
 a violation of subdivision one or one-a of section one  hundred  twenty-
 five  of  this chapter, the board may serve the respondent with an order
 requiring certain action [or], the cessation of certain  activities,  OR
 THE  SEALING  OF  A PREMISES immediately or within a specified period of
 less than fifteen days. WHENEVER A NOTICE OF VIOLATION OR ORDER HAS BEEN
 SERVED, THE RESPONDENT SHALL BE PROVIDED AN  OPPORTUNITY  TO  REQUEST  A
 HEARING  PURSUANT  TO  THE  PROCEDURES  ESTABLISHED BY THE OFFICE AND IN
 S. 8305                            23                            A. 8805
 
 ACCORDANCE  WITH  THE  STATE  ADMINISTRATIVE  PROCEDURE  ACT   AND   THE
 PROVISIONS OF THIS CHAPTER.
   §  6. Subdivisions 5, 6, 7 and 8 of section 17 of the cannabis law are
 renumbered subdivisions 7, 8, 9, and 10 and two new subdivisions 5 and 6
 are added to read as follows:
   5. PRIOR TO A HEARING, A PARTY, OTHER THAN THE BOARD OR OFFICE,  SHALL
 FURNISH  TO  ANY OTHER PARTY, WITHIN FIVE DAYS AFTER A DEMAND, OR SOONER
 IF THE HEARING IS SCHEDULED LESS THAN FIVE DAYS FROM THE DATE OF DEMAND,
 A VERIFIED STATEMENT SETTING FORTH:
   (A) IF THE RESPONDING PARTY IS A NATURAL  PERSON,  SUCH  PARTY'S:  (I)
 FULL  LEGAL  NAME;  (II)  DATE  OF BIRTH; (III) CURRENT HOME OR BUSINESS
 STREET ADDRESS; AND (IV) A UNIQUE IDENTIFYING NUMBER FROM: (1) AN  UNEX-
 PIRED PASSPORT; (2) AN UNEXPIRED STATE DRIVER'S LICENSE; OR (3) AN UNEX-
 PIRED IDENTIFICATION CARD OR DOCUMENT ISSUED BY A STATE OR LOCAL GOVERN-
 MENT  AGENCY  OR  TRIBAL  AUTHORITY FOR THE PURPOSE OF IDENTIFICATION OF
 THAT INDIVIDUAL;
   (B) IF THE RESPONDING PARTY IS A PARTNERSHIP, LIMITED LIABILITY  PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR OTHER UNINCORPORATED ASSOCIATION,
 INCLUDING  A  FOR  PROFIT  OR  NOT-FOR-PROFIT MEMBERSHIP ORGANIZATION OR
 CLUB, THE INFORMATION REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS  SUBDI-
 VISION FOR ALL OF ITS PARTNERS OR MEMBERS, AS WELL AS THE STATE OR OTHER
 JURISDICTION OF ITS FORMATION;
   (C)  IF  THE  RESPONDING  PARTY  IS  A CORPORATION, ITS STATE OR OTHER
 JURISDICTION OF INCORPORATION, PRINCIPAL  PLACE  OF  BUSINESS,  AND  ANY
 STATE OR OTHER JURISDICTION OF WHICH THAT PARTY IS A CITIZEN;
   (D)  IF  THE RESPONDING PARTY IS NOT AN INDIVIDUAL, IN ADDITION TO ANY
 INFORMATION PROVIDED PURSUANT TO PARAGRAPHS (B) AND (C) OF THIS SUBDIVI-
 SION, AND TO THE EXTENT NOT PREVIOUSLY PROVIDED, EACH  BENEFICIAL  OWNER
 OF  THE  RESPONDING  PARTY  BY: (I) FULL LEGAL NAME; (II) DATE OF BIRTH;
 (III) CURRENT HOME OR BUSINESS STREET ADDRESS; AND (IV) A UNIQUE IDENTI-
 FYING NUMBER FROM: (1) AN UNEXPIRED PASSPORT;  (2)  AN  UNEXPIRED  STATE
 DRIVER'S  LICENSE;  OR  (3) AN UNEXPIRED IDENTIFICATION CARD OR DOCUMENT
 ISSUED BY A STATE OR LOCAL GOVERNMENT AGENCY OR TRIBAL AUTHORITY FOR THE
 PURPOSE OF IDENTIFICATION OF THAT INDIVIDUAL. AS USED IN  THIS  SECTION,
 THE TERM "BENEFICIAL OWNER" SHALL HAVE THE SAME MEANING AS DEFINED IN 31
 U.S.C.  § 5336(A)(3), AS AMENDED, AND ANY REGULATIONS PROMULGATED THERE-
 UNDER.
   6. PRIOR TO A HEARING, THE OFFICE MAY, AT ITS  DISCRETION,  REQUEST  A
 STAY  OF  ANY PROCEEDING AND THE BOARD OR THOSE DESIGNATED BY THEM SHALL
 GRANT SUCH REQUEST. THE INITIATION OF ANY ACTION, BY OR ON BEHALF OF THE
 OFFICE, IN STATE OR FEDERAL COURT  ON  MATTERS  DIRECTLY  OR  INDIRECTLY
 RELATED  TO  THE SUBJECT OF ANY PENDING ADMINISTRATIVE PROCEEDING SHALL,
 UPON A REQUEST BY THE OFFICE, PROVIDE SUFFICIENT BASIS FOR AN  IMMEDIATE
 STAY OF SUCH ADMINISTRATIVE PROCEEDING.
   §  7.  Subdivision  8 of section 17 of the cannabis law, as amended by
 section 13 of part UU of chapter 56 of the laws of 2023  and  as  renum-
 bered by section six of this act, is amended to read as follows:
   8.  Following a hearing, the board may make appropriate determinations
 and issue a final order in accordance  therewith.  ANY  SUCH  ORDER  MAY
 INCLUDE  FINANCIAL  PENALTIES AS WELL AS INJUNCTIVE RELIEF, INCLUDING AN
 ORDER TO SEAL A PREMISES IN ACCORDANCE WITH SECTION ONE HUNDRED  THIRTY-
 EIGHT-B OF THIS CHAPTER. The respondent AND THE OFFICE shall have thirty
 days  to  submit  a written appeal to the board. If [the respondent does
 not] ANY PARTY FAILS TO submit a written appeal within  thirty  days  of
 the determination of the board the order shall be final.
 S. 8305                            24                            A. 8805
 
   § 8. Subdivision 1 of section 125 of the cannabis law is amended and a
 new subdivision 1-b is added to read as follows:
   1.  No person shall cultivate, process, distribute for sale or sell at
 wholesale or retail or deliver to consumers any cannabis, cannabis prod-
 uct, medical cannabis or cannabinoid hemp or hemp  extract  product,  OR
 ANY  PRODUCT  MARKETED  OR  LABELED  AS  SUCH,  within the state without
 obtaining the appropriate  registration,  license,  or  permit  therefor
 required by this chapter unless otherwise authorized by law.
   1-B.  ANY  ACTIVITY CONDUCTED IN VIOLATION OF SUBDIVISION ONE OR ONE-A
 OF THIS SECTION CREATES A SIGNIFICANT RISK OF IMMINENT PHYSICAL HARM  TO
 NATURAL PERSONS, PRESENTS A DANGER TO PUBLIC HEALTH, SAFETY, OR WELFARE,
 AND CONSTITUTES A PUBLIC NUISANCE.
   § 9. Section 131 of the cannabis law is amended by adding a new subdi-
 vision 3 to read as follows:
   3.  ANY COUNTY, TOWN, CITY OR VILLAGE GOVERNING BODIES MAY ADOPT LOCAL
 LAWS OR ORDINANCES PERTAINING TO UNLICENSED  PERSONS  SELLING  CANNABIS,
 CANNABIS PRODUCTS, OR ANY PRODUCT MARKETED OR LABELED AS SUCH IN A PLACE
 OF  BUSINESS WITHOUT OBTAINING THE APPROPRIATE REGISTRATION, LICENSE, OR
 PERMIT THEREFOR, OR ENGAGING IN AN INDIRECT RETAIL SALE IN  A  PLACE  OF
 BUSINESS,  PROVIDED  THAT  NO  TWO  SUCH  LOCAL LAWS OR ORDINANCES SHALL
 RELATE TO THE SAME GEOGRAPHIC REGION. ANY SUCH LAWS OR ORDINANCES SHALL:
   (A) ESTABLISH A LOCAL REGISTRY, WHICH SHALL MIRROR A  LIST  MAINTAINED
 BY  THE  OFFICE  FOR  THIS  PURPOSE,  AS  UPDATED, AND SHALL REFLECT THE
 CURRENT NAME AND ADDRESS OF ALL REGISTERED ORGANIZATIONS, LICENSEES,  OR
 PERMITTEES  WITH  LICENSED OR PERMITTED PREMISES WITHIN THE GEOGRAPHICAL
 BOUNDARIES OF THE COUNTY, TOWN, CITY, OR VILLAGE;
   (B) ESTABLISH CIVIL PENALTIES FOR  ANY  PERSONS  ENGAGING  IN  SELLING
 CANNABIS,  CANNABIS PRODUCTS, OR ANY PRODUCT MARKETED OR LABELED AS SUCH
 IN A PLACE OF BUSINESS WITHOUT APPEARING ON THE LOCAL  REGISTRY  ADOPTED
 PURSUANT  TO LOCAL LAW OR ORDINANCE, OR ANY INDIRECT RETAIL SALES, WHICH
 MAY INCLUDE FEES, FINES OR OTHER FINANCIAL PENALTIES OR OTHER  REMEDIES,
 INCLUDING  CLOSURES  OF THE PREMISES OR BUILDING WHERE SUCH RETAIL SALES
 OR INDIRECT RETAIL SALES ARE TAKING PLACE, AND A PROCESS FOR  ADJUDICAT-
 ING ANY HEARINGS REQUIRED IN CONNECTION WITH THE ISSUANCE OF SUCH PENAL-
 TIES;
   (C)  ESTABLISH  A  PROCESS BY WHICH THE COUNTY, TOWN, CITY, OR VILLAGE
 SHALL EXECUTE ANY CLOSURE ORDERS, AND A PROCESS BY WHICH  THE  ENFORCING
 ENTITY  SHALL  BE REQUIRED TO SEIZE ALL CANNABIS, CANNABIS PRODUCTS, AND
 ANY PRODUCTS MARKETED OR LABELED AS SUCH, AND TO DESTROY SUCH PRODUCTS;
   (D) DESIGNATE A LOCAL OFFICIAL WHO SHALL SERVE AS THE LIAISON  TO  THE
 OFFICE  AND WHO SHALL BE REQUIRED TO RECEIVE LOCAL REGISTRY UPDATES FROM
 THE OFFICE, IMMEDIATELY ADOPT SUCH UPDATES, COORDINATE WITH  THE  OFFICE
 ON  SUCH  LOCAL  ENFORCEMENT  EFFORTS,  AND  SEND MONTHLY REPORTS TO THE
 OFFICE IN A MANNER AND FORMAT PRESCRIBED BY THE OFFICE DETAILING  RECENT
 ENFORCEMENT  EFFORTS  AND, WHEN EXECUTING CLOSURE ORDERS, THE AMOUNT AND
 NATURE OF THE CANNABIS PRODUCTS SEIZED; AND
   (E) REQUIRE THAT A COPY OF SUCH LOCAL LAW OR ORDINANCE BE  FILED  WITH
 THE  OFFICE  A MINIMUM OF TEN DAYS BEFORE THE EFFECTIVE DATE OF SUCH LAW
 OR ORDINANCE.
   § 10. Subdivisions 1 and 1-a of  section  132  of  the  cannabis  law,
 subdivision  1  as amended and subdivision 1-a as added by section 17 of
 part UU of chapter 56 of the laws  of  2023,  are  amended  to  read  as
 follows:
   1.(a)  Any  person  who  cultivates for sale, OFFERS TO SELL, or sells
 cannabis, cannabis products, medical cannabis, or any  product  marketed
 or  labeled as such, without having an appropriate registration, license
 S. 8305                            25                            A. 8805
 
 or permit therefor, including a person whose registration,  license,  or
 permit  has been revoked, surrendered or cancelled, where such person is
 engaging in activity for which a license would be  required  under  this
 chapter, may be subject to a civil penalty of not more than ten thousand
 dollars  for each day during which such violation continues and an addi-
 tional civil penalty in an amount of no more than five times the revenue
 from such prohibited sales or, in an amount of no more than three  times
 the  projected  revenue  for any such product found in the possession of
 such person based on the retail list price of such  products;  provided,
 however,  that any such person who engages in such activity from a resi-
 dence or other real property not otherwise  held  out  as  open  to  the
 public or otherwise being utilized in a business or commercial manner or
 any  private vehicle on or about same such property, and the quantity of
 such product on such premises or vehicle does not exceed the  limits  of
 personal  use under article two hundred twenty-two of the penal law, may
 be subject to a civil penalty of no more than five thousand dollars.
   Provided, further, that where such person has been  ordered  to  cease
 such  conduct pursuant to subdivision one of section one hundred thirty-
 eight-a of this [chapter] ARTICLE, such person may be assessed  a  civil
 penalty  of  no  more  than twenty thousand dollars per day for each day
 during which such violation continues  after  receiving  such  order  in
 addition  to  the  additional civil penalties set forth above; provided,
 however, that any such person who engages in such activity from a  resi-
 dence  or  other  real  property  not  otherwise held out as open to the
 public or otherwise being utilized in a business or commercial manner or
 any private vehicle on or about same such property, and the quantity  of
 such  product  on such premises or vehicle does not exceed the limits of
 personal use under article two hundred twenty-two of the penal law,  may
 be subject to a civil penalty of no more than ten thousand dollars.
   (b)  If a person engaging in the conduct described in paragraph (a) of
 this subdivision[,] or subdivision one-a  of  this  section  refuses  to
 permit  the office or the board from performing a regulatory inspection,
 such person may be assessed a civil penalty of up to [four] TWENTY thou-
 sand dollars for a first  refusal  and  up  to  [eight]  FORTY  thousand
 dollars for a second or subsequent refusal within three years of a prior
 refusal. If the office or board is not permitted access for a regulatory
 inspection pursuant to section ten or section eleven of this chapter, as
 applicable,  by  such  person, the attorney general, upon the request of
 the office or the board, shall be authorized to apply, without notice to
 such person, to the supreme court in the county in which  the  place  of
 business  is located for an order granting the office or board access to
 such place of business. The court may grant such an order if  it  deter-
 mines,  based  on evidence presented by the attorney general, that there
 is reasonable cause to believe that such place of business is a place of
 business which does not possess a valid registration, license, or permit
 issued by the office or board.
   (c) In assessing the civil penalties under this subdivision OR  SUBDI-
 VISION  ONE-A  OF  THIS  SECTION,  the  board  or office shall take into
 consideration the nature of such violation and shall  assess  a  penalty
 that is proportionate to the violation; PROVIDED, HOWEVER, THAT AN AFFI-
 DAVIT  FROM  A  REPRESENTATIVE OF THE OFFICE, THE OFFICE OF THE ATTORNEY
 GENERAL, OR A LOCAL GOVERNMENT, OR A LOCAL POLICE OFFICER CONFIRMING THE
 PRESENCE OF CONDUCT DESCRIBED IN THIS SUBDIVISION OR  SUBDIVISION  ONE-A
 FOLLOWING  AN INSPECTION BY THE OFFICE AFTER THE OFFICE HAS ORDERED SUCH
 CONDUCT TO CEASE SHALL BE SUFFICIENT TO ESTABLISH  A  PRIMA  FACIE  CASE
 THAT  SUCH CONDUCT HAD BEEN CONTINUING FOR EACH BUSINESS DAY BETWEEN THE
 S. 8305                            26                            A. 8805
 
 INITIAL  INSPECTION  AND  THE  LAST  OBSERVED  OR  OTHERWISE  DOCUMENTED
 CONDUCT, AND SHALL REQUIRE THE IMPOSITION OF THE MAXIMUM PER DAY PENALTY
 PERMITTED  UNDER  PARAGRAPH  (A) OF THIS SUBDIVISION, AND THE DOCUMENTED
 PRESENCE  OF SUCH CONDUCT UPON OR AT THE COMPLETION OF AN ADMINISTRATIVE
 INSPECTION OR INVESTIGATION SHALL REQUIRE THE ASSESSMENT OF THE  MAXIMUM
 PENALTY PERMITTED UNDER PARAGRAPH (B) OF THIS SUBDIVISION.
   1-a. Any person [found to have] WHO engaged in indirect retail sale in
 violation  of  subdivision  one-a  of section one hundred twenty-five of
 this [chapter] ARTICLE, shall be subject to a civil penalty in an amount
 equaling the lesser of three times the revenue for such indirect  retail
 sales  or  up  to  two thousand five hundred dollars for each such sale,
 provided, however, that where such conduct also constitutes a  violation
 of  subdivision  one of this section, such person may only be subject to
 the civil penalties under one such subdivision, and  provided,  further,
 that  where  such person has been ordered to cease such conduct pursuant
 to subdivision one of section one hundred thirty-eight-a of  this  arti-
 cle,  such person may be assessed a civil penalty of up to five thousand
 dollars for each day during which such violation continues  in  addition
 to any civil penalties set forth above.
   §  11.  Subdivisions  2, 4 and 5 of section 138-a of the cannabis law,
 subdivision 2 as added and subdivisions 4 and 5 as amended by section 20
 of part UU of chapter 56 of the laws of 2023, are amended and eight  new
 subdivisions  6,  7,  8,  9,  10,  11,  12,  and 13 are added to read as
 follows:
   2. seize any cannabis, cannabis  product,  cannabinoid  hemp  or  hemp
 extract  product,  or  any product marketed or labeled as such, found in
 the possession of a person engaged in the conduct described in  subdivi-
 sion  one of this section AND THEIR PLACE OF BUSINESS, INCLUDING A VEHI-
 CLE OR STORAGE FACILITY USED FOR SUCH BUSINESS;
   4. seek injunctive relief against any person engaging  in  conduct  in
 violation of this section; [and]
   5. request that the attorney general obtain judicial enforcement of an
 order issued under subdivision one of this section or bring an action or
 proceeding  for any relief otherwise authorized under this chapter for a
 violation of this chapter, including  the  recovery  of  any  applicable
 civil penalties[.];
   6.  IN  CONNECTION  WITH ANY REGULATORY INSPECTION OR INVESTIGATION OR
 ACTION THEREAFTER, REVIEW, SEIZE AND COPY RECORDS, INCLUDING  ELECTRONIC
 RECORDS  STORED  ON CLOUD PLATFORMS, WHICH MAY ESTABLISH THE DURATION OR
 EXTENT OF ANY UNLAWFUL OPERATION;
   7. IN CONNECTION WITH ANY ACTION  OR  PROCEEDING  AUTHORIZED  BY  THIS
 CHAPTER,  REQUEST  THAT  THE  ATTORNEY  GENERAL OR ANY POLICE OFFICER OR
 PEACE OFFICER SEIZE OR REMOVE ALL MATERIAL, EQUIPMENT, AND INSTRUMENTAL-
 ITIES USED IN THE CREATION AND MAINTENANCE OF THE CONDUCT  DESCRIBED  IN
 SUBDIVISION ONE OF THIS SECTION;
   8.  IN CONNECTION WITH ANY INSPECTION OR SUBSEQUENT INVESTIGATION OF A
 PERSON ENGAGED IN THE CONDUCT  DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION,  ISSUE  SUBPOENAS TO ANY OWNERS, MANAGERS, OR EMPLOYEES OF SUCH
 PERSON FOR INFORMATION REGARDING THE PERSON AND THE CONDUCT;
   9. WITH THE ASSISTANCE OF LAW  ENFORCEMENT,  SEIZE  OR  IMPOUND  OTHER
 PROPERTY USED IN FURTHERANCE OF THE CONDUCT DESCRIBED IN SUBDIVISION ONE
 OF THIS SECTION;
   10.  UPON  AN  EX PARTE ORDER TO A COURT, REQUEST THE COURT TO ISSUE A
 RESTRAINING ORDER FREEZING LIQUID ASSETS TO ENFORCE  THE  PROVISIONS  OF
 THIS  SECTION  AND  SECTION  SIXTEEN-A  OF  THIS CHAPTER AND SECTION ONE
 HUNDRED THIRTY-TWO OF THIS ARTICLE;
 S. 8305                            27                            A. 8805
 
   11. IN ACCORDANCE WITH THE PROCEDURES OUTLINED IN SECTION ONE  HUNDRED
 THIRTY-EIGHT-B  OF  THIS  CHAPTER,  ISSUE AND EXECUTE AN ORDER TO SEAL A
 BUILDING OR PREMISES OF ANY UNLICENSED BUSINESSES IN WHICH ANY PERSON IS
 ENGAGED IN CONDUCT IN VIOLATION OF THIS SECTION OR SECTION  ONE  HUNDRED
 TWENTY-FIVE OR ONE HUNDRED THIRTY-TWO OF THIS ARTICLE;
   12. UPON RECEIPT OF ONE OR MORE COMPLAINTS THAT A PERSON IS ENGAGED IN
 CONDUCT  DESCRIBED  IN SUBDIVISION ONE OF THIS SECTION, APPLY OR REQUEST
 THAT THE ATTORNEY GENERAL APPLY, WITHOUT NOTICE TO SUCH PERSON,  TO  THE
 SUPREME  COURT  IN  THE COUNTY IN WHICH THE PLACE OF BUSINESS IS LOCATED
 FOR AN ORDER GRANTING THE OFFICE OR BOARD ACCESS TO SUCH PLACE OF  BUSI-
 NESS.    THE  COURT  MAY  GRANT SUCH AN ORDER IT IF DETERMINES, BASED ON
 EVIDENCE PRESENTED BY THE ATTORNEY GENERAL,  THAT  THERE  IS  REASONABLE
 CAUSE  TO BELIEVE THAT SUCH PLACE OF BUSINESS IS THE SAME PLACE OF BUSI-
 NESS FOR WHICH THE OFFICE HAS RECEIVED SUCH COMPLAINTS. UPON INSPECTION,
 SUCH PERSON MAY BE ASSESSED A  CIVIL  PENALTY  OF  UP  TO  TEN  THOUSAND
 DOLLARS UNLESS THE PERSON PROVIDES BOOKS AND RECORDS TO THE OFFICE INDI-
 CATING  THAT ALL TRANSACTIONS AT THE PLACE OF BUSINESS DO NOT CONSTITUTE
 ACTIVITIES DESCRIBED IN SUBDIVISION ONE OF THIS SECTION; AND
   13. IF ANY PENALTY IS NOT PAID WITHIN SIX  MONTHS,  ENTER  THE  AMOUNT
 THEREOF AS A JUDGMENT IN THE OFFICE OF THE CLERK OF THE COUNTY OF ALBANY
 AND  IN  ANY  OTHER  COUNTY  IN WHICH THE PERSON RESIDES, HAS A PLACE OF
 BUSINESS, OR THROUGH WHICH IT OPERATES. IF SUCH JUDGMENT  HAS  NOT  BEEN
 SATISFIED  WITHIN  THIRTY  DAYS THEREAFTER, NO LICENSE, REGISTRATION, OR
 PERMIT SHALL BE ISSUED BY THE BOARD TO SUCH PERSON FOR THREE YEARS THER-
 EAFTER.
   § 12. The cannabis law is amended by adding a  new  section  138-b  to
 read as follows:
   §  138-B.  ORDERS  TO  SEAL.  1.  IN  ADDITION  TO ANY OTHER AUTHORITY
 CONFERRED IN THIS CHAPTER, PURSUANT TO THE PROVISIONS OF  THIS  SECTION,
 THE BOARD OR THE OFFICE SHALL HAVE THE AUTHORITY TO SEAL THE BUILDING OR
 PREMISES,  INCLUDING  THE STORAGE FACILITY, OF ANY BUSINESSES ENGAGED IN
 UNLICENSED ACTIVITY, WHEN SUCH ACTIVITY  IS  CONDUCTED,  MAINTAINED,  OR
 PERMITTED  IN SUCH BUILDING OR PREMISES, OCCUPIED AS A PLACE OF BUSINESS
 AS DESCRIBED IN SUBDIVISION EIGHT OF SECTION TEN  OF  THIS  CHAPTER,  IN
 VIOLATION OF SUBDIVISION ONE OR ONE-A OF SECTION ONE HUNDRED TWENTY-FIVE
 OR  SUBDIVISIONS  ONE OR EIGHT OF SECTION ONE HUNDRED THIRTY-TWO OF THIS
 ARTICLE.
   2. UPON SERVICE OF A NOTICE OF VIOLATION AND ORDER REQUIRING IMMEDIATE
 CESSATION OF UNLICENSED ACTIVITY PURSUANT TO SECTION ONE  HUNDRED  THIR-
 TY-EIGHT-A  OF  THIS  ARTICLE, THE OFFICE MAY ISSUE AN ORDER TO SEAL ANY
 BUILDING OR PREMISES INVOLVED IN THE UNLICENSED ACTIVITY  IN  ACCORDANCE
 WITH SUBDIVISION ONE OF THIS SECTION. SUCH ORDER TO SEAL SHALL BE SERVED
 AND  POSTED  IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND REGU-
 LATIONS PROMULGATED BY  THE  BOARD,  SHALL  BE  MADE  EFFECTIVE  ON  THE
 FIFTEENTH CALENDAR DAY AFTER THE DELIVERY AND POSTING OF SUCH ORDER, AND
 SHALL  CONTAIN  NOTICE OF THE RIGHT TO REQUEST A HEARING WITHIN FOURTEEN
 DAYS OF DELIVERY AND POSTING OF SUCH ORDER TO  SEAL.  IF  A  HEARING  IS
 REQUESTED  WITHIN SUCH FOURTEEN-DAY PERIOD, THE ORDER SHALL BE EFFECTIVE
 AS SET FORTH IN THE DETERMINATION OF THE BOARD OR THEIR DESIGNEE. IF  NO
 HEARING IS REQUESTED WITHIN SUCH FOURTEEN-DAY PERIOD, THE ORDER SHALL BE
 EFFECTIVE AS NOTICED ON THE ORDER.
   3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
 THE OFFICE MAY ISSUE AN ORDER TO SEAL WITH AN IMMEDIATE  EFFECTIVE  DATE
 IF  SUCH  ORDER  IS  BASED  UPON  A FINDING BY THE OFFICE OF AN IMMINENT
 THREAT TO THE PUBLIC HEALTH OR SAFETY. IN SUCH CASES A HEARING SHALL  BE
 HELD  WITHIN  THREE  BUSINESS DAYS OF A REQUEST FOR SUCH HEARING, UNLESS
 S. 8305                            28                            A. 8805
 
 OTHERWISE ADJOURNED BY AGREEMENT OF THE  PARTIES,  AND  A  DETERMINATION
 SHALL  BE  RENDERED  WITHIN FOUR BUSINESS DAYS OF THE CONCLUSION OF SUCH
 HEARING.
   4.  THE  FINDING OF WHETHER AN IMMINENT THREAT TO THE PUBLIC HEALTH OR
 SAFETY EXISTS SHALL BE BASED ON FACTORS THAT INCLUDE BUT ARE NOT LIMITED
 TO:
   (A) DOCUMENTED SALES TO MINORS;
   (B) UNLICENSED PROCESSING OF CANNABIS  PRODUCTS  AT  THE  BUILDING  OR
 PREMISES;
   (C)  SALES OF PRODUCTS GROWN, PROCESSED, OR PACKAGED IN ANOTHER STATE,
 OR LABELED AS SUCH;
   (D) ORDERS ISSUED FOLLOWING ISSUANCE OF AN ORDER BY A COURT TO INSPECT
 THE BUILDING OR PREMISES;
   (E) ORDERS ISSUED FOLLOWING AN INSPECTION WHEREIN THE  PERSON  ENGAGED
 IN  THE  UNLICENSED  ACTIVITY  ENGAGED  IN VIOLENT, TUMULTUOUS, OR OTHER
 BEHAVIORS INDICATING EXPRESSED INTENT TO NOT COMPLY  WITH  THE  OFFICE'S
 ORDER TO CEASE THE UNLICENSED ACTIVITY;
   (F)  DOCUMENTED PRESENCE OF UNLAWFUL FIREARMS AT THE BUILDING OR PREM-
 ISES;
   (G) PROXIMITY OF  THE  BUILDING  OR  PREMISES  TO  LOCATIONS  SUCH  AS
 SCHOOLS, HOUSES OF WORSHIP, OR PUBLIC YOUTH FACILITIES; OR
   (H)  OTHER  FACTORS THAT THE BOARD MAY ESTABLISH BY RULE OR REGULATION
 PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
   SUCH ORDERS TO SEAL SHALL BE SERVED IN THE SAME MANNER AS  THE  NOTICE
 OF VIOLATION AND ORDER TO CEASE UNLICENSED ACTIVITY.
   5.  NOTWITHSTANDING  THE  FACTORS  LISTED  IN SUBDIVISION FOUR OF THIS
 SECTION, THE OFFICE MAY ISSUE AN ORDER TO SEAL WITH AN IMMEDIATE  EFFEC-
 TIVE DATE UPON A SECOND, THIRD, OR FOURTH INSPECTION IN WHICH UNLICENSED
 ACTIVITY IS CONFIRMED TO BE CONTINUING MORE THAN TEN CALENDAR DAYS AFTER
 A  NOTICE OF VIOLATION AND ORDER TO CEASE UNLICENSED ACTIVITY WAS PREVI-
 OUSLY ISSUED BY THE OFFICE.
   6. AN ORDER TO SEAL MAY BE ISSUED BY THE OFFICE OR THE BOARD  PURSUANT
 TO  SUBDIVISION THREE OF THIS SECTION ONLY IF: (A) NO PART OF THE BUILD-
 ING OR PREMISES TO BE SEALED IS USED IN PART AS A RESIDENCE AND PURSUANT
 TO LOCAL LAW OR ORDINANCE IS ZONED AND LAWFULLY OCCUPIED AS A RESIDENCE;
 AND (B) THE UNLICENSED ACTIVITY AS DESCRIBED IN  THIS  SECTION  IS  MORE
 THAN  A  DE  MINIMIS PART OF THE BUSINESS ACTIVITY ON THE PREMISES OR IN
 THE BUILDING TO BE SEALED PURSUANT TO THE ORDER.
   7. IN ASSESSING WHETHER UNLICENSED ACTIVITY WITHIN A BUILDING OR PREM-
 ISES IS MORE THAN DE MINIMIS, THE OFFICE OR BOARD,  AS  RELEVANT,  SHALL
 CONSIDER SUCH FACTORS AS:
   (A)  THE PRESENCE OF SIGNS OR SYMBOLS, INDOORS OR OUT, ADVERTISING THE
 SALE OF CANNABIS OR OTHERWISE INDICATING THAT CANNABIS IS  SOLD  ON  THE
 PREMISES;
   (B)  INFORMATION  SHARED  IN  ANY  ADVERTISEMENTS  OR  OTHER MARKETING
 CONTENT IN CONNECTION WITH THE UNLICENSED BUSINESS  AND  ANY  DIRECT  OR
 INDIRECT  SALES  OF CANNABIS OR OTHER CONDUCT IN VIOLATION OF THIS CHAP-
 TER; AND
   (C) AN ASSESSMENT OF THE VOLUME OF ILLICIT CANNABIS PRODUCTS ON SITE.
   8. UPON A REQUEST BY THE OFFICE, ANY POLICE OFFICER OR  PEACE  OFFICER
 WITH  JURISDICTION  MAY  ASSIST  IN  THE ENFORCEMENT OF AN ORDER TO SEAL
 ISSUED BY THE OFFICE OR THE BOARD,  IN  ACCORDANCE  WITH  THE  FOLLOWING
 PROCEDURES:
   (A)  THE  POLICE  OFFICER  OR  PEACE OFFICER SERVING AND EXECUTING THE
 ORDER TO SEAL SHALL FORTHWITH MAKE AND RETURN TO THE OFFICE AN INVENTORY
 OF PERSONAL PROPERTY SITUATED IN AND USED IN CONDUCTING, MAINTAINING, OR
 S. 8305                            29                            A. 8805
 
 PERMITTING THE UNLICENSED ACTIVITY WITHIN THE SCOPE OF THIS CHAPTER  AND
 SHALL  ENTER UPON THE BUILDING OR PREMISES FOR SUCH PURPOSE. SUCH INVEN-
 TORY SHALL BE TAKEN IN ANY MANNER WHICH IS DEEMED LIKELY TO  EVIDENCE  A
 TRUE  AND  ACCURATE  REPRESENTATION  OF THE PERSONAL PROPERTY SUBJECT TO
 SUCH INVENTORY INCLUDING, BUT NOT LIMITED TO PHOTOGRAPHING SUCH PERSONAL
 PROPERTY.
   (B) THE POLICE OFFICER OR PEACE  OFFICER  SERVING  AND  EXECUTING  THE
 ORDER  TO SEAL SHALL ENTER THE BUILDING OR PREMISES AND, UPON SERVICE OF
 THE ORDER, COMMAND ALL PERSONS PRESENT IN THE BUILDING  OR  PREMISES  TO
 VACATE  THE  PREMISES  FORTHWITH.  UPON  THE  BUILDING OR PREMISES BEING
 VACATED, THE PREMISES SHALL BE SECURELY LOCKED AND ALL KEYS DELIVERED TO
 THE OFFICER SERVING THE ORDER WHO THEREAFTER SHALL DELIVER THE  KEYS  TO
 THE  FEE  OWNER, LESSOR, OR LESSEE OF THE BUILDING OR PREMISES INVOLVED.
 IF THE FEE OWNER, LESSOR, OR LESSEE IS NOT AT THE BUILDING  OR  PREMISES
 WHEN THE ORDER IS BEING EXECUTED, THE OFFICER SHALL SECURELY PADLOCK THE
 PREMISES  AND  RETAIN THE KEYS UNTIL THE FEE OWNER, LESSOR, OR LESSEE OF
 THE BUILDING IS ASCERTAINED, IN WHICH EVENT, THE OFFICER  SHALL  DELIVER
 THE KEYS TO SUCH FEE OWNER, LESSOR, OR LESSEE.
   (C)  UPON SERVICE AND EXECUTION OF THE ORDER TO SEAL, THE POLICE OFFI-
 CER OR PEACE OFFICER SHALL POST A COPY THEREOF IN A CONSPICUOUS PLACE OR
 UPON ONE OR MORE OF THE PRINCIPAL DOORS AT ENTRANCES  OF  SUCH  PREMISES
 WHERE THE UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMIT-
 TED.  IN  ADDITION,  THE  OFFICER SHALL AFFIX, IN A CONSPICUOUS PLACE OR
 UPON ONE OR MORE OF THE PRINCIPAL DOORS AT ENTRANCES OF SUCH PREMISES, A
 PRINTED NOTICE THAT THE PREMISES HAVE BEEN CLOSED BY ORDER OF THE CANNA-
 BIS CONTROL BOARD, AND THE NAME OF THE OFFICER  OR  AGENCY  POSTING  THE
 NOTICE.
   (D)  MUTILATION  OR  REMOVAL  OF  SUCH A POSTED ORDER OR SUCH A POSTED
 NOTICE WHILE IT REMAINS IN FORCE, IN ADDITION TO  ANY  OTHER  PUNISHMENT
 PRESCRIBED  BY LAW, SHALL BE PUNISHABLE, ON CONVICTION, BY A FINE OF NOT
 MORE THAN FIVE THOUSAND DOLLARS OR BY IMPRISONMENT NOT EXCEEDING  NINETY
 DAYS,  OR  BY  BOTH,  PROVIDED  SUCH  ORDER OR NOTICE CONTAINS THEREIN A
 NOTICE OF SUCH PENALTY. SUCH PENALTY SHALL BE ENFORCED BY THE BOARD  OR,
 UPON A REQUEST BY THE OFFICE, THE OFFICE OF THE ATTORNEY GENERAL OR BY A
 COURT OF COMPETENT JURISDICTION.
   (E)  MUTILATION  OR  REMOVAL  OF THE SECURE PADLOCK WHILE THE ORDER TO
 SEAL REMAINS IN PLACE SHALL BE PUNISHABLE, UPON CONVICTION, BY A FINE OF
 NOT MORE THAN TWENTY THOUSAND DOLLARS OR BY A CLASS E FELONY, OR BOTH.
   THE OFFICE SHALL ALSO ADHERE TO THESE  PROCEDURES  WHEN  EXECUTING  AN
 ORDER TO SEAL ISSUED IN ACCORDANCE WITH THIS SECTION.
   9. ANY ORDER TO SEAL ISSUED BY THE OFFICE OR THE BOARD SHALL BE EFFEC-
 TIVE  FOR ONE YEAR FROM THE POSTING OF THE JUDGMENT PROVIDED FOR IN THIS
 SECTION. AN ORDER TO SEAL MAY BE VACATED BY THE  OFFICE  OR  THE  BOARD,
 UPON NOTICE TO THE OFFICE, IF THE RESPONDENT SHOWS BY AFFIDAVIT AND SUCH
 OTHER  PROOF  AS  MAY BE SUBMITTED BY THE RESPONDENT THAT THE UNLICENSED
 ACTIVITY HAS BEEN ABATED. AN ORDER VACATING A PREVIOUSLY ISSUED ORDER TO
 SEAL SHALL INCLUDE A PROVISION AUTHORIZING THE  OFFICE,  OR  ANY  POLICE
 OFFICER OR PEACE OFFICER WHO ASSISTED WITH THE EXECUTION OF THE ORDER TO
 SEAL,  TO  INSPECT  THE BUILDING OR PREMISES PERIODICALLY WITHOUT NOTICE
 FOR THE PURPOSE OF ASCERTAINING WHETHER OR NOT THE  UNLICENSED  ACTIVITY
 HAS  BEEN RESUMED. ANY POLICE OFFICER OR PEACE OFFICER WITH JURISDICTION
 MAY, UPON THE REQUEST OF THE OFFICE, ASSIST IN  THE  ENFORCEMENT  OF  AN
 INSPECTION PROVISION OF AN ORDER VACATING AN ORDER TO SEAL.
   10.  THE  OFFICE SHALL MAIL A COPY, BY CERTIFIED MAIL, OF ANY ORDER TO
 SEAL ISSUED BY THE OFFICE OR BOARD WITHIN FIVE DAYS  FOLLOWING  ISSUANCE
 OF  SUCH  ORDER  TO THE PERSON IN WHOSE NAME THE REAL ESTATE AFFECTED BY
 S. 8305                            30                            A. 8805
 
 THE ORDER IS RECORDED IN THE OFFICE OF THE CITY REGISTER OR  THE  COUNTY
 CLERK,  AS THE CASE MAY BE, WHO SHALL BE PRESUMED TO BE THE OWNER THERE-
 OF. SUCH MAILING SHALL CONSTITUTE NOTICE  TO  THE  OWNER  AND  SHALL  BE
 DEEMED TO BE COMPLETE UPON SUCH MAILING BY THE OFFICE AS PROVIDED ABOVE.
   11.  IF  AT  ANY  TIME  A  RESPONDENT VACATES THE BUILDING OR PREMISES
 SUBJECT TO AN ORDER TO SEAL ISSUED BY THE OFFICE OR  BOARD,  OR  IF  THE
 BUILDING OWNER PROVIDES SUFFICIENT PROOF THEREOF, ANY ACTION OR PROCEED-
 ING  FILED IN ACCORDANCE WITH THESE PROCEDURES RELATING TO SUCH BUILDING
 OR PREMISES MAY BE WITHDRAWN BY THE OFFICE OR THE BOARD  WITHOUT  PREJU-
 DICE, AND ANY ORDER TO SEAL MAY BE VACATED.
   12.  THE  REMEDIES  PROVIDED FOR IN THIS SECTION ARE NOT EXCLUSIVE AND
 THE OFFICE OR BOARD MAY ALSO REQUEST AND RECOVER PENALTIES IN ACCORDANCE
 WITH OTHER PROVISIONS IN THIS CHAPTER.
   § 13. This act shall  take  effect  immediately  and  shall  apply  to
 offenses  committed  on  or  after the date this act shall have become a
 law; provided, however that the amendments to section 16-a of the canna-
 bis law made by section four of this act shall not affect the repeal  of
 such section and shall be deemed repealed therewith.
 
                                  PART H
 
   Section  1. The opening paragraph of subdivision 1 of section 110-b of
 the alcoholic beverage control law, as amended by  chapter  222  of  the
 laws of 2019, is amended to read as follows:
   Not  [less  than  thirty nor] more than two hundred [and] seventy days
 before filing any of the  following  applications,  an  applicant  shall
 notify  the municipality in which the premises is located of such appli-
 cant's intent to file such an application:
   § 2. The opening paragraph of subdivision 2 of  section  99-d  of  the
 alcoholic beverage control law, as amended by chapter 560 of the laws of
 2011, is amended to read as follows:
   Before any change in the members of a limited liability company or the
 transfer  or  assignment of a membership interest in a limited liability
 company or any corporate change in stockholders, stockholdings, alcohol-
 ic beverage officers, officers or directors, except officers and  direc-
 tors  of  a  premises  licensed  as a club or a luncheon club under this
 chapter can be effectuated for the purposes of this chapter, there shall
 be filed with the liquor authority an application for permission to make
 such change and there shall be paid to the liquor authority  in  advance
 upon  filing  of  the  application  a  fee  of  one hundred twenty-eight
 dollars. SUCH APPLICATION SHALL BE DEEMED APPROVED AND IN EFFECT IF  NOT
 DISAPPROVED  BY  THE  AUTHORITY  PRIOR  TO THE EXPIRATION OF NINETY DAYS
 AFTER RECEIPT BY THE AUTHORITY.
   § 3. Subdivision 1 of section 98 of  the  alcoholic  beverage  control
 law,  as  amended by chapter 703 of the laws of 2022, is amended to read
 as follows:
   1. The liquor authority is hereby authorized  to  issue  to  a  retail
 licensee  for on-premises consumption or a licensed off-premises caterer
 furnishing provisions and service for  use  at  a  particular  function,
 occasion  or event in a hotel, restaurant, club, ballroom or other prem-
 ises a temporary [indoor] permit effective for a period  not  to  exceed
 twenty-four  consecutive  hours,  which  shall  authorize the service of
 alcoholic beverages at such  function,  occasion  or  event  within  the
 hours,  fixed  by or pursuant to subdivision five of section one hundred
 six of this chapter, during which alcoholic beverages  may  lawfully  be
 sold  or  served  upon  premises licensed to sell alcoholic beverages at
 S. 8305                            31                            A. 8805
 
 retail for on-premises consumption in the community in which is  located
 the  premises in which such function, occasion or event is held. The fee
 therefor shall be thirty-eight dollars. Such a permit and  the  exercise
 of  the  privilege granted thereby may be subjected to such rules by the
 liquor authority as it deems necessary and such rules as are in conform-
 ity with the provisions of subdivision  two  of  this  section.  Such  a
 permit may also be issued for functions, occasions or events at premises
 for  which  a summer license has been previously issued pursuant to this
 chapter.
   § 4. Subdivision 1 of section 97 of  the  alcoholic  beverage  control
 law,  as  amended  by  section 19 of part Z of chapter 85 of the laws of
 2002, is amended to read as follows:
   1. The liquor  authority  is  hereby  authorized  to  issue  temporary
 permits  effective  for  a  period not to exceed twenty-four consecutive
 hours to authorize the sale of beer [and],  wine  [manufactured  in  New
 York state], CIDER, MEAD AND/OR BRAGGOT, AND LIQUOR at outdoor or indoor
 gatherings, functions, occasions or events, within the hours fixed by or
 pursuant to subdivision five of section one hundred six of this chapter,
 during  which  alcoholic  beverages  may lawfully be sold or served upon
 premises licensed to sell alcoholic beverages at retail for  on-premises
 consumption  in  the community in which is located the premises in which
 such gathering, function, occasion or event is held. The  fee  for  such
 permit  shall be twenty-six dollars. Such permit and the exercise of the
 privilege granted thereby shall be subject to such rules of  the  liquor
 authority as it deems necessary.
   §  5.  Subdivision  2 of section 105 of the alcoholic beverage control
 law is REPEALED.
   § 6. This act shall take effect immediately, and shall  apply  to  all
 applications  received  by  the state liquor authority on and after such
 date. Effective immediately, the addition, amendment  and/or  repeal  of
 any  rule  or regulation by the state liquor authority necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.
 
                                  PART I
 
   Section  1.  The alcoholic beverage control law is amended by adding a
 new section 97-d to read as follows:
   § 97-D. TEMPORARY WHOLESALE PERMIT. 1. ANY PERSON  MAY  APPLY  TO  THE
 LIQUOR  AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC BEVER-
 AGE WHOLESALE FACILITY AS MAY  BE  LICENSED  UNDER  THIS  CHAPTER.  SUCH
 APPLICATION  SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN INFORMA-
 TION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH  APPLICATION  SHALL  BE
 ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
 DOLLARS FOR SUCH PERMIT.
   2.  UPON  APPLICATION,  THE  LIQUOR AUTHORITY MAY ISSUE SUCH TEMPORARY
 PERMIT WHEN:
   (A) THE APPLICANT HAS A WHOLESALE  LICENSE  APPLICATION  AT  THE  SAME
 PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
 FILING AND LICENSE FEES;
   (B)  THE  APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF ALL PERMITS,
 LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
 NESS; AND
   (C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES HAS BEEN SURRENDERED
 OR PLACED IN SAFEKEEPING, OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
   3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
 S. 8305                            32                            A. 8805
 
   (A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE  OPERATION
 OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER;
   (B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
 THE WHOLESALE LICENSE BEING APPLIED FOR; AND
   (C)  THE  APPLICANT  HAS  SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS
 NECESSARY TO OBTAIN SUCH LICENSE.
   4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED  OR  DENIED  BY  THE
 LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
 CATION.
   5.  A  TEMPORARY  PERMIT  SHALL  AUTHORIZE  THE PERMITTEE TO OPERATE A
 WHOLESALE FACILITY FOR THE PURCHASE, WAREHOUSING, AND SALE OF  ALCOHOLIC
 BEVERAGES  ACCORDING  TO  THE  LAWS  APPLICABLE TO THE TYPE OF WHOLESALE
 LICENSE BEING APPLIED FOR.
   6. SUCH TEMPORARY PERMIT SHALL REMAIN IN  EFFECT  FOR  SIX  MONTHS  OR
 UNTIL  THE  WHOLESALE  LICENSE  BEING  APPLIED  FOR  IS APPROVED AND THE
 LICENSE GRANTED, WHICHEVER IS SHORTER. SUCH PERMIT MAY  BE  EXTENDED  AT
 THE  DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH PERI-
 ODS OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR  EACH
 SUCH EXTENSION.
   7.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
 WHOLESALE PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME  IF
 THE  LIQUOR  AUTHORITY  DETERMINES  THAT  GOOD CAUSE FOR CANCELLATION OR
 SUSPENSION EXISTS.  THE  LIQUOR  AUTHORITY  SHALL  PROMPTLY  NOTIFY  THE
 PERMITTEE  IN  WRITING  OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET
 FORTH THE REASONS FOR SUCH ACTION.
   8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
 ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
 WISE SHOWN. A DECISION ON AN APPLICATION SHALL BE BASED  ON  SUBSTANTIAL
 EVIDENCE  IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE
 IN FAVOR OF THE APPLICANT.
   § 2. Section 104 of the alcoholic beverage control law is  amended  by
 adding a new subdivision 4 to read as follows:
   4.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA-
 RY, THE AUTHORITY MAY ISSUE A CIDER PRODUCER  OR  WHOLESALER'S  LICENSE,
 BEER  WHOLESALER'S  LICENSE, WINE WHOLESALER'S LICENSE, OR LIQUOR WHOLE-
 SALER'S LICENSE TO THE HOLDER OF ANY WHOLESALER'S LICENSE ISSUED  PURSU-
 ANT  TO  THIS CHAPTER FOR USE AT SUCH LICENSEE'S EXISTING LICENSED PREM-
 ISES. THE LIQUOR AUTHORITY IS HEREBY AUTHORIZED TO ADOPT SUCH  RULES  AS
 IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION.
   §  3.  This  act  shall take effect immediately and shall apply to all
 applications filed after the date it shall have become a law.
 
                                  PART J

   Section 1. Section 4 of chapter 118 of the laws of 2012  amending  the
 alcoholic  beverage  control  law relating to the powers of the chairman
 and members of the authority, as amended by chapter 124 of the  laws  of
 2021, is amended to read as follows:
   §  4.  This act shall take effect immediately [and shall expire and be
 deemed repealed twelve years after such date].
   § 2. This act shall take effect immediately.
 
                                  PART K
 
   Section 1. Section 5 of chapter 396 of the laws of 2010  amending  the
 alcoholic  beverage  control  law  relating  to liquidator's permits and
 S. 8305                            33                            A. 8805
 
 temporary retail permits, as amended by section 1 of part O  of  chapter
 55 of the laws of 2023, is amended to read as follows:
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, provided that  paragraph  (b)  of  subdivision  1  of
 section  97-a  of the alcoholic beverage control law as added by section
 two of this act shall expire and be deemed repealed October  12,  [2024]
 2025.
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Chapter 238 of the laws of 2021 is REPEALED.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 111-a to read as follows:
   § 111-A. USE OF CONTIGUOUS AND NON-CONTIGUOUS MUNICIPAL  PUBLIC  SPACE
 FOR  ON-PREMISES  ALCOHOLIC  BEVERAGE SALES BY CERTAIN LICENSEES. 1. THE
 HOLDER OF A RETAIL  ON-PREMISES  LICENSE  ISSUED  PURSUANT  TO  SECTIONS
 FIFTY-FIVE, SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-C, SIXTY-FOUR-D, EIGHT-
 Y-ONE,  OR  EIGHTY-ONE-A OF THIS CHAPTER OR A MANUFACTURING LICENSE THAT
 INCLUDES A PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES AT  RETAIL
 FOR  ON-PREMISES CONSUMPTION ON THE LICENSED PREMISES ISSUED PURSUANT TO
 SECTION THIRTY, THIRTY-ONE, FIFTY-ONE, FIFTY-ONE-A, FIFTY-EIGHT,  FIFTY-
 EIGHT-C,  SUBDIVISION  TWO-C  OF SECTION SIXTY-ONE, SECTION SEVENTY-SIX,
 SEVENTY-SIX-A, SEVENTY-SIX-C, OR SEVENTY-SIX-D OF THIS CHAPTER MAY  FILE
 AN ALTERATION APPLICATION WITH THE AUTHORITY PURSUANT TO SUBDIVISION ONE
 OF SECTION NINETY-NINE-D OF THIS CHAPTER FOR PERMISSION TO ADD MUNICIPAL
 PUBLIC SPACE THAT IS EITHER CONTIGUOUS OR NON-CONTIGUOUS TO THE LICENSED
 PREMISES.  UPON APPROVAL OF SUCH ALTERATION APPLICATION, SUCH A LICENSEE
 MAY EXERCISE THE PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC  BEVERAGES  AT
 RETAIL  FOR ON-PREMISES CONSUMPTION ON CONTIGUOUS MUNICIPAL PUBLIC SPACE
 OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE PROVIDED:
   (A) THE MUNICIPALITY IN WHICH THE LICENSED PREMISES IS LOCATED  ISSUES
 A  PERMIT  OR THE RESPONSIBLE MUNICIPAL REGULATORY BODY OR AGENCY ISSUES
 WRITTEN AUTHORIZATION TO THE LICENSEE TO SELL AND/OR SERVE FOOD ON  SUCH
 CONTIGUOUS  MUNICIPAL  PUBLIC  SPACE  OR NON-CONTIGUOUS MUNICIPAL PUBLIC
 SPACE;
   (B) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A COPY OF SUCH MUNIC-
 IPAL PERMIT OR OTHER WRITTEN AUTHORIZATION  ALONG  WITH  THE  ALTERATION
 APPLICATION;
   (C)  THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A COPY OF THE PERMIT
 APPLICATION SUBMITTED TO THE MUNICIPALITY TO OBTAIN THE MUNICIPAL PERMIT
 OR OTHER WRITTEN AUTHORIZATION FROM  THE  MUNICIPALITY  ALONG  WITH  THE
 ALTERATION APPLICATION;
   (D)  THE  LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A DIAGRAM DEPICTING
 BOTH THE LICENSED PREMISES AND THE CONTIGUOUS MUNICIPAL PUBLIC SPACE  OR
 NON-CONTIGUOUS  MUNICIPAL  PUBLIC  SPACE TO BE USED BY THE LICENSEE WITH
 THE ALTERATION APPLICATION;
   (E) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY  PROOF  THAT  IT  HAS
 PROVIDED  COMMUNITY  NOTIFICATION TO THE MUNICIPALITY, INCLUDING MUNICI-
 PALITIES OUTSIDE THE CITY OF NEW YORK, IN A MANNER  CONSISTENT  WITH  OR
 REQUIRED BY SUBDIVISION TWO OF SECTION ONE HUNDRED TEN-B OF THIS ARTICLE
 AS REQUIRED FOR THE CITY OF NEW YORK; AND
   (F) USE OF ANY SUCH CONTIGUOUS OR NON-CONTIGUOUS MUNICIPAL SPACE MEETS
 ALL  APPLICABLE  FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, GUID-
 ANCE, CONDITIONS OR REQUIREMENTS.
 S. 8305                            34                            A. 8805
 
   2. FOR THE PURPOSES OF THIS SECTION: (A) "NON-CONTIGUOUS SPACE"  SHALL
 MEAN  SPACE  THAT: (I) IS LOCATED IN FRONT OF, BEHIND, OR TO THE SIDE OF
 THE LICENSED PREMISES; (II) IS WITHIN THE  PROPERTY  BOUNDARIES  OF  THE
 LICENSED  PREMISES AS EXTENDED OUT; OR WITHIN THE PROPERTY BOUNDARIES OF
 THE  NEAREST  ADJACENT  PROPERTIES ON EITHER SIDE; (III) DOES NOT EXTEND
 FURTHER THAN THE MIDLINE OF ANY PUBLIC ROADWAY; (IV) IS  SEPARATED  FROM
 THE LICENSED PREMISES ONLY BY ONE OR MORE OF THE FOLLOWING: A PEDESTRIAN
 THOROUGHFARE, A THOROUGHFARE PRIMARILY RESTRICTED TO USE BY BICYCLES, OR
 A  PORTION  OF  A THOROUGHFARE WITH SUCH RESTRICTIONS; AND (V) OTHERWISE
 COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL REQUIREMENTS.
   (B) "CONTIGUOUS MUNICIPAL PUBLIC SPACE" SHALL MEAN SPACE THAT: (I)  IS
 LOCATED  IN  FRONT  OF, BEHIND, OR TO THE SIDE OF THE LICENSED PREMISES;
 (II) IS WITHIN THE PROPERTY  BOUNDARIES  OF  THE  LICENSED  PREMISES  AS
 EXTENDED  OUT; OR WITHIN THE PROPERTY BOUNDARIES OF THE NEAREST ADJACENT
 PROPERTIES ON EITHER SIDE; (III) OTHERWISE COMPLIES WITH ALL  APPLICABLE
 FEDERAL, STATE AND LOCAL REQUIREMENTS.
   3.  LICENSEES  CHOOSING TO UTILIZE NON-CONTIGUOUS MUNICIPAL SPACE THAT
 INCLUDES A THOROUGHFARE PRIMARILY RESTRICTED TO USE BY  BICYCLES,  OR  A
 PORTION  OF  A THOROUGHFARE WITH SUCH RESTRICTIONS, SHALL POST A SIGN OR
 POSTER IN SAID MUNICIPAL OUTDOOR SPACE WITH CONSPICUOUS LETTERING IN  AT
 LEAST  SEVENTY-TWO  POINT  BOLD FACE FONT THAT STATES: "CAUTION: BICYCLE
 LANE" PRIOR TO AND WHILE UTILIZING ANY SUCH MUNICIPAL SPACE FOR ON-PREM-
 ISES ALCOHOLIC BEVERAGE SALES TO PATRONS. SUCH LICENSEES SHALL BE SOLELY
 RESPONSIBLE FOR PRODUCTION OF AND MAINTENANCE OF SUCH SIGNAGE.   COMPLI-
 ANCE  BY  THE  LICENSEE  WITH  THE PROVISIONS OF ANY LOCAL LAW REQUIRING
 POSTING OF WARNING SIGNS REGARDING BICYCLE LANES ENACTED  ON  OR  BEFORE
 THE  EFFECTIVE  DATE OF THIS SECTION SHALL BE DEEMED TO BE IN COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION. NOTHING CONTAINED HEREIN,  HOWEVER,
 SHALL  BE  DEEMED  TO  EXEMPT  ANY LICENSEE NOT OTHERWISE SUBJECT TO THE
 PROVISIONS OF ANY SUCH LOCAL LAW FROM COMPLYING WITH THE  PROVISIONS  OF
 THIS SECTION.
   4.  IF  AT  ANY  TIME THE MUNICIPALITY REVOKES, CANCELS OR SUSPENDS OR
 OTHERWISE TERMINATES THE LICENSEE'S AUTHORIZATION TO USE SUCH CONTIGUOUS
 MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS  MUNICIPAL  PUBLIC  SPACE,  THE
 LICENSEE SHALL IMMEDIATELY CEASE EXERCISING THE PRIVILEGE TO SELL AND/OR
 SERVE  ALCOHOLIC  BEVERAGES  AT RETAIL FOR CONSUMPTION ON SUCH MUNICIPAL
 PUBLIC SPACE. THE LICENSEE SHALL THEN FILE A NEW ALTERATION  APPLICATION
 REMOVING  THE  MUNICIPAL  PUBLIC  SPACE  FROM ITS LICENSED PREMISES. THE
 FAILURE TO FILE A NEW ALTERATION APPLICATION WITH THE  AUTHORITY  WITHIN
 TEN  BUSINESS DAYS OF THE REVOCATION, CANCELLATION, SUSPENSION, OR OTHER
 TERMINATION BY THE LOCAL MUNICIPALITY OF THE LICENSEE'S AUTHORIZATION TO
 USE SUCH CONTIGUOUS OR NON-CONTIGUOUS MUNICIPAL PUBLIC  SPACE  SHALL  BE
 CAUSE  FOR  REVOCATION,  CANCELLATION, SUSPENSION AND/OR IMPOSITION OF A
 CIVIL PENALTY AGAINST THE LICENSE IN ACCORDANCE WITH SECTION ONE HUNDRED
 EIGHTEEN OF THIS ARTICLE.
   5. THE AUTHORITY MAY PROMULGATE  GUIDANCE,  RULES  AND/OR  REGULATIONS
 NECESSARY  TO  IMPLEMENT THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING
 EXISTING PROVISIONS OF THIS CHAPTER,  THE  AUTHORITY  IS  AUTHORIZED  TO
 PROVIDE  SIMPLIFIED  APPLICATIONS AND NOTIFICATION PROCEDURES FOR LICEN-
 SEES SEEKING TO UTILIZE MUNICIPAL SPACE FOR ON-PREMISES ALCOHOLIC BEVER-
 AGE SALES WHENEVER POSSIBLE OR  APPROPRIATE.  NOTHING  IN  THIS  SECTION
 SHALL PROHIBIT THE AUTHORITY FROM REQUESTING ADDITIONAL INFORMATION FROM
 ANY  APPLICANT SEEKING TO USE NEW MUNICIPAL SPACE OR RENEWAL OF EXISTING
 MUNICIPAL SPACE.
   § 3. This act shall take effect immediately and  shall  apply  to  all
 applications  received  by  the state liquor authority on and after such
 S. 8305                            35                            A. 8805

 effective date.  Effective immediately, the authority is  authorized  to
 undertake  the  addition,  amendment  and/or repeal of any rule or regu-
 lation necessary for the implementation of this act.
 
                                  PART M
 
   Section  1. Subdivision 15 of section 201 of the workers' compensation
 law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
 is amended to read as follows:
   15. "Family leave" shall mean any leave  taken  by  an  employee  from
 work:    (a)  to  participate  in  providing care, including physical or
 psychological care, for a family member of the employee  made  necessary
 by  a serious health condition of the family member; or (b) to bond with
 the employee's child during the first twelve months  after  the  child's
 birth,  or  the first twelve months after the placement of the child for
 adoption or foster care with the employee; or (c) because of any  quali-
 fying exigency as interpreted under the family and medical leave act, 29
 U.S.C.S  §  2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out
 of the fact that the spouse, domestic partner, child, or parent  of  the
 employee is on active duty (or has been notified of an impending call or
 order  to  active duty) in the armed forces of the United States; OR (D)
 FOR  AN  EMPLOYEE  TO  RECEIVE  PRENATAL  CARE  DURING  THE   EMPLOYEE'S
 PREGNANCY.
   § 2. Section 201 of the workers' compensation law is amended by adding
 a new subdivision 25 to read as follows:
   25.  "PRENATAL  CARE"  MEANS  THE  HEALTH CARE RECEIVED BY AN EMPLOYEE
 DURING PREGNANCY RELATED TO SUCH PREGNANCY. PRENATAL CARE INCLUDES PHYS-
 ICAL EXAMS, MONITORING AND TESTING AS WELL AS DISCUSSIONS WITH A  HEALTH
 CARE PROVIDER RELATED TO THE PREGNANCY.
   §  3.  Paragraph  (a)  of subdivision 2 of section 204 of the workers'
 compensation law, as added by section 5 of part SS of chapter 54 of  the
 laws of 2016, is amended to read as follows:
   (a)  The  weekly  benefit for family leave that occurs (i) on or after
 January first, two thousand eighteen shall not exceed eight weeks during
 any fifty-two week calendar period and shall be  fifty  percent  of  the
 employee's average weekly wage but shall not exceed fifty percent of the
 state  average weekly wage, (ii) on or after January first, two thousand
 nineteen shall not exceed ten weeks during any fifty-two  week  calendar
 period  and shall be fifty-five percent of the employee's average weekly
 wage but shall not exceed fifty-five percent of the state average weekly
 wage, (iii) on or after January first, two  thousand  twenty  shall  not
 exceed  ten weeks during any fifty-two week calendar period and shall be
 sixty percent of the employee's average weekly wage but shall not exceed
 sixty percent of the state average weekly wage, and  (iv)  on  or  after
 January  first  of  each  succeeding year, shall not exceed twelve weeks
 during any fifty-two week  calendar  period  and  shall  be  sixty-seven
 percent  of  the  employee's  average  weekly  wage but shall not exceed
 sixty-seven percent of the New York state average weekly wage in effect.
 ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-FIVE,  THE  BENEFIT  FOR
 PRENATAL  CARE  SHALL  NOT  EXCEED FORTY HOURS DURING ANY FIFTY-TWO WEEK
 CALENDAR PERIOD AND SUCH LEAVE FOR PRENATAL CARE MAY BE TAKEN IN  HOURLY
 INCREMENTS  AND  IN  ADDITION  TO  ANY  OTHER  FAMILY LEAVE BENEFITS THE
 EMPLOYEE MAY BE ELIGIBLE FOR DURING THE SAME FIFTY-TWO WEEK PERIOD.  The
 superintendent  of financial services shall have discretion to delay the
 increases in the family leave benefit level  provided  in  subparagraphs
 (ii),  (iii),  and (iv) of this paragraph by one or more calendar years.
 S. 8305                            36                            A. 8805
 
 In determining whether to delay the increase in the family leave benefit
 for any year, the superintendent of financial services  shall  consider:
 (1)  the  current  cost to employees of the family leave benefit and any
 expected  change in the cost after the benefit increase; (2) the current
 number of insurers issuing insurance policies with a family leave  bene-
 fit and any expected change in the number of insurers issuing such poli-
 cies  after the benefit increase; (3) the impact of the benefit increase
 on employers' business and the overall stability of the program  to  the
 extent  that  information  is  readily  available; (4) the impact of the
 benefit increase on the financial stability of the disability and family
 leave insurance market and carriers; and (5) any additional factors that
 the superintendent of financial services deems relevant. If  the  super-
 intendent  of financial services delays the increase in the family leave
 benefit level for one or more calendar years, the family  leave  benefit
 level  that  shall  take effect immediately following the delay shall be
 the same benefit level that would have taken effect but for  the  delay.
 The  weekly  benefits  for  family leave that occurs on or after January
 first, two thousand eighteen shall not be less than one hundred  dollars
 per week except that if the employee's wages at the time of family leave
 are  less  than one hundred dollars per week, the employee shall receive
 his or her full wages. Benefits may be payable  to  employees  for  paid
 family  leave  taken intermittently or for less than a full work week in
 increments of one full day or one fifth of the weekly benefit.  NOTWITH-
 STANDING THE FOREGOING, FAMILY LEAVE BENEFITS  UNDER  PARAGRAPH  (D)  OF
 SUBDIVISION  FIFTEEN  OF  SECTION TWO HUNDRED ONE OF THIS ARTICLE MAY BE
 PAYABLE TO EMPLOYEES IN HOURLY INCREMENTS.
   § 4. Section 205 of the  workers'  compensation  law,  as  amended  by
 section  6  of  part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 205. Disabilities, family leave and periods for which  benefits  are
 not  payable.  1.  No  employee shall be entitled to disability benefits
 under this article:
   (a) For more than twenty-six weeks minus any  days  taken  for  family
 leave during any fifty-two consecutive calendar weeks during a period of
 fifty-two  consecutive  calendar weeks or during any one period of disa-
 bility, or for more than twenty-six weeks; PROVIDED, HOWEVER, THAT FAMI-
 LY LEAVE UNDER PARAGRAPH (D)  OF  SUBDIVISION  FIFTEEN  OF  SECTION  TWO
 HUNDRED ONE OF THIS ARTICLE SHALL NOT REDUCE THIS AMOUNT;
   (b) for any period of disability during which an employee is not under
 the  care  of  a  duly  licensed physician or with respect to disability
 resulting from a condition of the foot which may lawfully be treated  by
 a  duly  registered  and licensed podiatrist of the state of New York or
 with respect to a  disability  resulting  from  a  condition  which  may
 lawfully  be  treated  by a duly registered and licensed chiropractor of
 the state of New York or with respect to a disability resulting  from  a
 condition  which  may  lawfully be treated by a duly licensed dentist of
 the state of New York or with respect to a disability resulting  from  a
 condition  which  may  lawfully  be  treated  by  a  duly registered and
 licensed psychologist of the state of New York  or  with  respect  to  a
 disability resulting from a condition which may lawfully be treated by a
 duly  certified  nurse midwife, for any period of such disability during
 which an employee is neither under the care of a physician nor a  podia-
 trist,  nor  a  chiropractor,  nor  a dentist, nor a psychologist, nor a
 certified nurse midwife; and for any period of disability  during  which
 an  employee  who  adheres  to  the  faith or teachings of any church or
 denomination and who in accordance with its creed, tenets or  principles
 S. 8305                            37                            A. 8805
 
 depends  for  healing  upon  prayer through spiritual means alone in the
 practice of religion, is not under  the  care  of  a  practitioner  duly
 accredited  by  the  church  or denomination, and provided such employee
 shall submit to all physical examinations as required by this chapter.
   2.  No  employee shall be entitled to family leave benefits under this
 article:
   (a) For more than twelve weeks, or the maximum duration  permitted  as
 set  forth  in  paragraph  (a) of subdivision two of section two hundred
 four of this article, during a period of fifty-two consecutive  calendar
 weeks,  or  for  any  period in which the family leave combined with the
 disability benefits previously paid exceeds twenty-six weeks during  the
 same fifty-two consecutive calendar weeks; PROVIDED, HOWEVER, THAT FAMI-
 LY  LEAVE  UNDER  PARAGRAPH  (D)  OF  SUBDIVISION FIFTEEN OF SECTION TWO
 HUNDRED ONE OF THIS ARTICLE SHALL NOT REDUCE THIS AMOUNT;
   (b) For any period of family leave  wherein  the  notice  and  medical
 certification  as  prescribed  by  the  chair has not been filed. At the
 discretion of the chair or chair's  designee  pursuant  to  section  two
 hundred twenty-one of this article, the family member who is the recipi-
 ent  of  care  may  be required to submit to a physical examination by a
 qualified health care provider. Such examination shall be  paid  for  by
 the carrier; and
   (c)  As  a  condition of an employee's initial receipt of family leave
 benefits during any fifty-two consecutive calendar  weeks  in  which  an
 employee  is  eligible  for  these  benefits,  an  employer may offer an
 employee who has accrued but unused  vacation  time  or  personal  leave
 available at the time of use of available family leave to choose whether
 to  charge  all  or  part of the family leave time to accrued but unused
 vacation or personal leave, and receive full salary, or  to  not  charge
 time  to  accrued but unused vacation or personal leave, and receive the
 benefit as set forth in section two hundred four  of  this  article.  An
 employer  that  pays  full  salary  during  a period of family leave may
 request reimbursement in accordance with section two hundred thirty-sev-
 en of this article. With the election of  either  option,  the  employee
 shall  receive  the  full  protection of the reinstatement provision set
 forth in section two hundred three-b of this article, and shall  concur-
 rently  use  available  family  medical  leave act and paid family leave
 credits. In no event can an employee utilize family leave beyond  twelve
 weeks,  or  the maximum duration permitted as set forth in paragraph (a)
 of subdivision two of section two hundred four of this article, per  any
 fifty-two week period set forth in this article; PROVIDED, HOWEVER, THAT
 FAMILY  LEAVE  UNDER PARAGRAPH (D) OF SUBDIVISION FIFTEEN OF SECTION TWO
 HUNDRED ONE OF THIS ARTICLE SHALL NOT REDUCE THIS AMOUNT. This paragraph
 may not be construed in a manner that relieves an employer of  any  duty
 of  collective  bargaining  the  employer  may  have with respect to the
 subject matter of this paragraph.
   3. No employee shall be entitled to disability or family  leave  bene-
 fits under this article:
   (a)  for  any  disability  occasioned  by  the wilful intention of the
 employee to bring about injury to or the sickness of himself or another,
 or resulting from any injury or sickness sustained in  the  perpetration
 by the employee of an illegal act;
   (b) for any day of disability or family leave during which the employ-
 ee  performed  work  for remuneration or profit; PROVIDED, HOWEVER, THAT
 FAMILY LEAVE UNDER PARAGRAPH (D) OF SUBDIVISION FIFTEEN OF  SECTION  TWO
 HUNDRED ONE OF THIS ARTICLE MAY BE TAKEN IN HOURLY INCREMENTS;
 S. 8305                            38                            A. 8805

   (c)  for  any day of disability or family leave for which the employee
 is entitled to receive from his or her employer, or from a fund to which
 the employer has contributed, remuneration or maintenance in  an  amount
 equal to or greater than that to which he or she would be entitled under
 this  article;  but  any voluntary contribution or aid which an employer
 may make to an employee or any supplementary benefit paid to an employee
 pursuant to the provisions of a collective bargaining agreement or  from
 a  trust fund to which contributions are made pursuant to the provisions
 of a collective bargaining agreement shall not be considered as  contin-
 ued remuneration or maintenance for this purpose;
   (d)  for  any  period  in respect to which such employee is subject to
 suspension or  disqualification  of  the  accumulation  of  unemployment
 insurance benefit rights, or would be subject if he or she were eligible
 for  such  benefit  rights,  except for ineligibility resulting from the
 employee's disability;
   (e) for any disability due to any act of war, declared or undeclared;
   (f) for any disability or family leave commencing before the  employee
 becomes eligible to benefits under this section.
   4. An employee may not collect benefits concurrently under both subdi-
 visions one and two of this section.
   5.  In any case in which the necessity for family leave is foreseeable
 based on an expected birth or placement, the employee shall provide  the
 employer with not less than thirty days notice before the date the leave
 is to begin, of the employee's intention to take family leave under this
 article,  except  that  if  the  date of the birth or placement requires
 leave to begin in less than thirty days, the employee shall provide such
 notice as is practicable. In any case in which the necessity for  family
 leave  is  foreseeable  based on planned medical treatment, the employee
 shall provide the employer with not less than thirty days notice, before
 the date the leave is to begin, of the employees intention to take fami-
 ly leave under this article, except that if the date  of  the  treatment
 requires  leave  to  begin  in less than thirty days, the employee shall
 provide such notice as is practicable.
   § 5. Paragraph (d) of subdivision 3 of section  206  of  the  workers'
 compensation  law, as added by section 7 of part SS of chapter 54 of the
 laws of 2016, is amended to read as follows:
   (d) WITH THE EXCEPTION OF LEAVE FOR PRENATAL CARE WHICH MAY  BE  TAKEN
 IN  HOURLY INCREMENTS, for any day in which claimant works at least part
 of that day for remuneration or profit for the covered employer  or  for
 any  other employer while working for remuneration or profit, for him or
 herself, or another person or entity, during the same  or  substantially
 similar working hours as those of the covered employer from which family
 leave  benefits  are  claimed, except that occasional scheduling adjust-
 ments with respect to secondary employments shall not prevent receipt of
 family leave benefits.
   § 6. Subdivision 1 of section 208 of the workers' compensation law, as
 amended by section 9 of part SS of chapter 54 of the laws  of  2016,  is
 amended to read as follows:
   1. Benefits provided under this article shall be paid periodically and
 promptly  and,  except  as to a contested period of disability or family
 leave, without any decision by the  board,  or  designee  of  the  chair
 pursuant  to  section  two hundred twenty-one of this article. The first
 payment of benefits shall be due on the fourteenth day of disability  or
 family  leave and benefits for that period shall be paid directly to the
 employee within four business days thereafter or  within  four  business
 days  after  the  filing  of  required  proof of claim, whichever is the
 S. 8305                            39                            A. 8805
 
 later.  FAMILY LEAVE BENEFITS FOR PRENATAL CARE MAY BE  PAID  IN  HOURLY
 INSTALLMENTS  OR, UPON ELECTION OF THE EMPLOYER OR INSURANCE CARRIER AND
 UPON NOTICE TO THE EMPLOYEE AT THE TIME OF THE REQUEST FOR  SUCH  FAMILY
 LEAVE,  IN  AN  AGGREGATE  PAYMENT  THAT CORRESPONDS TO THE HOURS IN THE
 EMPLOYEE'S REGULAR WORKDAY UPON SUBMISSION OF PROOF OF LEAVE FOR  PRENA-
 TAL  CARE  FOR  SUCH  HOURS  AND WITHIN FOURTEEN DAYS OF THE LAST HOURLY
 INCREMENT AND FOUR BUSINESS DAYS AFTER SUCH SUBMISSION. If the  employer
 or  carrier  rejects  an  initial  claim  for family leave benefits, the
 employer or carrier must notify the employee in a manner  prescribed  by
 the chair within eighteen days of filing of the proof of claim.  Failure
 to  timely  reject  shall constitute a waiver of objection to the family
 leave claim. Thereafter benefits shall be due and payable  bi-weekly  in
 like  manner.  The  chair  or  chair's designee, pursuant to section two
 hundred twenty-one of this article, may determine that benefits  may  be
 paid  monthly  or  semi-monthly if wages were so paid, and may authorize
 deviation from the foregoing requirements to facilitate  prompt  payment
 of benefits. Any inquiry which requires the employee's response in order
 to continue benefits uninterrupted or unmodified shall provide a reason-
 able  time  period in which to respond and include a clear and prominent
 statement of the deadline for responding and consequences of failing  to
 respond.
   § 7. Subdivision 1 of section 217 of the workers' compensation law, as
 amended  by  section 16 of part SS of chapter 54 of the laws of 2016, is
 amended to read as follows:
   1. Written notice and proof of disability or proof of need for  family
 leave shall be furnished to the employer by or on behalf of the employee
 claiming  benefits  or,  in  the  case  of  a claimant under section two
 hundred seven of this article, to the chair, within  thirty  days  after
 commencement  of the period of disability OR FAMILY LEAVE, OR FOR FAMILY
 LEAVE FOR PRENATAL CARE WITHIN THIRTY DAYS OF THE  LAST  HOUR  FOR  SUCH
 LEAVE  PERIOD  AS  PRESCRIBED  IN SUBDIVISION ONE OF SECTION TWO HUNDRED
 EIGHT OF THIS ARTICLE.  Additional proof shall be  furnished  thereafter
 from  time  to  time as the employer or carrier or chair may require but
 not more often than once each week. Such proof shall include a statement
 of disability by the employee's attending physician or attending  podia-
 trist  or  attending  chiropractor  or  attending  dentist  or attending
 psychologist or attending certified nurse midwife or family  leave  care
 recipient's  health  care  provider,  or  in the case of an employee who
 adheres to the faith or teachings of any church or denomination, and who
 in accordance with its creed, tenets or principles depends  for  healing
 upon  prayer  through spiritual means alone in the practice of religion,
 by an accredited practitioner, containing facts and opinions as to  such
 disability  in  compliance  with  regulations  of  the chair. Failure to
 furnish notice or proof within the time and in the manner above provided
 shall not invalidate the claim but no benefits shall be required  to  be
 paid  for  any period more than two weeks prior to the date on which the
 required proof is furnished unless it shall be shown to the satisfaction
 of the chair not to have been reasonably possible to furnish such notice
 or proof and that such notice or proof was furnished as soon  as  possi-
 ble;  provided,  however,  that  no  benefits  shall  be paid unless the
 required proof of disability is furnished within the  period  of  actual
 disability  or  family  leave that does not exceed the statutory maximum
 period permitted under section two hundred  four  of  this  article.  No
 limitation  of  time  provided  in this section shall run as against any
 disabled employee who is mentally incompetent, or  physically  incapable
 of  providing such notice as a result of a serious medical condition, or
 S. 8305                            40                            A. 8805
 
 a minor so long as such person has no  guardian  of  the  person  and/or
 property.
   § 8. This act shall take effect January 1, 2025.
 
                                  PART N
 
   Section  1.  Subdivision  16 of section 2 of the workers' compensation
 law, as added by chapter 6 of the  laws  of  the  2007  and  as  further
 amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
 amended to read as follows:
   16. "New York state average weekly wage" shall mean the average weekly
 wage of the state of New York for the previous calendar year as reported
 by the commissioner of labor to the superintendent of financial services
 on [March] MAY thirty-first.
   § 2. Section 200 of the  workers'  compensation  law,  as  amended  by
 section  1  of  part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 200. Short title. This article shall be known and may  be  cited  as
 the  "disability  [benefits  law]  and  [the] paid family leave benefits
 law."
   § 3. Subdivisions 14, 15 and 22 of section 201 of the workers' compen-
 sation law,  subdivision 14 as amended and subdivisions  15  and  22  as
 added  by  section  2  of part SS of chapter 54 of the laws of 2016, are
 amended to read as follows:
   14. "A day of disability" means any day  on  which  the  employee  was
 prevented from performing work because of disability[, including any day
 which  the  employee  uses for family leave,] and for which the employee
 has not received [his or her] THEIR regular remuneration.
   15. "Family leave" shall mean any leave  taken  by  an  employee  from
 work:    (a)  to  participate  in  providing care, including physical or
 psychological care, for a family member of the employee  made  necessary
 by  a serious health condition of the family member; or (b) to bond with
 the employee's child during the first twelve months  after  the  child's
 birth,  or  the first twelve months after the placement of the child for
 adoption or foster care with the employee; or (c) because of any  quali-
 fying exigency as interpreted under the family and medical leave act, 29
 U.S.C.S § 2612(a)(1)(e) and 29 C.F.R. S.825.126[(a)(1)-(8)], arising out
 of  the  fact that the spouse, domestic partner, child, or parent of the
 employee is on active duty (or has been notified of an impending call or
 order to active duty) in the armed forces of the United States.
   22. "Health care provider" shall  mean  for  the  purpose  of  [family
 leave]  THIS  ARTICLE, a person licensed under article one hundred thir-
 ty-one, one hundred thirty-one-B, one hundred  thirty-two,  one  hundred
 thirty-three,  one  hundred  thirty-six,  one  hundred  thirty-nine, one
 hundred forty-one, one hundred forty-three, one hundred forty-four,  one
 hundred  fifty-three,  one  hundred fifty-four, one hundred fifty-six or
 one hundred fifty-nine of the education law or a person  licensed  under
 the public health law, article one hundred forty of the education law or
 article one hundred sixty-three of the education law.
   §  4.  Section  203-a  of  the  workers' compensation law, as added by
 section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  203-a.  Retaliatory  action  prohibited  for [family] leave. 1. The
 provisions of section one hundred twenty of this chapter and section two
 hundred forty-one of this article shall  be  applicable  to  family  AND
 DISABILITY leave.
 S. 8305                            41                            A. 8805
 
   2.  Nothing  in  this  section shall be deemed to diminish the rights,
 privileges, or remedies of any employee under any collective  bargaining
 agreement or employment contract.
   §  5.  Section  203-b  of  the  workers' compensation law, as added by
 section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   § 203-b. Reinstatement following [family] leave. Any eligible employee
 of  a covered employer who takes leave under this article shall be enti-
 tled, on return from such leave, to be restored by the employer  to  the
 position of employment held by the employee when the leave commenced, or
 to be restored to a comparable position with comparable employment bene-
 fits,  pay  and  other terms and conditions of employment. The taking of
 family OR DISABILITY leave shall not result in the loss of  any  employ-
 ment  benefit  accrued  prior  to the date on which the leave commenced.
 Nothing in this section shall  be  construed  to  entitle  any  restored
 employee  to  the accrual of any seniority or employment benefits during
 any period of leave, or any right, benefit  or  position  to  which  the
 employee would have been entitled had the employee not taken the leave.
   §  6.  Section  203-c  of  the  workers' compensation law, as added by
 section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  203-c.   Health insurance during [family] leave. In accordance with
 the Family and Medical Leave Act (29 U.S.C. §§  2601-2654),  during  any
 period  of  family  OR  DISABILITY leave the employer shall maintain any
 existing health benefits of the employee in force for  the  duration  of
 such leave as if the employee had continued to work from the date [he or
 she] THEY commenced family OR DISABILITY leave until the date [he or she
 returns] THEY RETURN to employment.
   §  7.  Section  204  of  the  workers' compensation law, as amended by
 section 5 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  204.  Disability  and family leave during employment. 1. Disability
 benefits shall be payable to  an  eligible  employee  for  disabilities,
 beginning  with  the  eighth day of disability and thereafter during the
 continuance of disability, subject to the limitations as to maximum  and
 minimum  amounts  and  duration  and other conditions and limitations in
 this section and in sections two hundred five and  two  hundred  six  of
 this  article.  Family  leave  benefits  shall be payable to an eligible
 employee for the first full day when family leave is required and there-
 after during the continuance of the need for family  leave,  subject  to
 the limitations as to maximum and minimum amounts and duration and other
 conditions  and  limitations in this section and in sections two hundred
 five and two hundred six of this article. Successive periods of disabil-
 ity or family leave caused by the same or related injury or sickness  OR
 QUALIFYING  EVENT shall shall be deemed a single period of disability or
 family leave only if separated by less than three months.
   2. (a) The weekly benefit for family leave that occurs (i) on or after
 January first, two thousand eighteen shall not exceed eight weeks during
 any fifty-two week calendar period and shall be  fifty  percent  of  the
 employee's average weekly wage but shall not exceed fifty percent of the
 state  average weekly wage, (ii) on or after January first, two thousand
 nineteen shall not exceed ten weeks during any fifty-two  week  calendar
 period  and shall be fifty-five percent of the employee's average weekly
 wage but shall not exceed fifty-five percent of the state average weekly
 wage, (iii) on or after January first, two  thousand  twenty  shall  not
 exceed  ten weeks during any fifty-two week calendar period and shall be
 S. 8305                            42                            A. 8805
 
 sixty percent of the employee's average weekly wage but shall not exceed
 sixty percent of the state average weekly wage, and  (iv)  on  or  after
 January  first  of  each  succeeding year, shall not exceed twelve weeks
 during  any  fifty-two  week  calendar  period  and shall be sixty-seven
 percent of the employee's average  weekly  wage  but  shall  not  exceed
 sixty-seven percent of the New York state average weekly wage in effect.
 The  superintendent of financial services shall have discretion to delay
 the increases in the family leave benefit  level  provided  in  subpara-
 graphs  (ii),  (iii), and (iv) of this paragraph by one or more calendar
 years. In determining whether to delay the increase in the family  leave
 benefit  for  any  year,  the superintendent of financial services shall
 consider: (1) the current cost to employees of the family leave  benefit
 and  any expected change in the cost after the benefit increase; (2) the
 current number of insurers issuing  insurance  policies  with  a  family
 leave  benefit and any expected change in the number of insurers issuing
 such policies after the benefit increase; (3) the impact of the  benefit
 increase on employers' business and the overall stability of the program
 to  the  extent that information is readily available; (4) the impact of
 the benefit increase on the financial stability of  the  disability  and
 family  leave  insurance  market  and  carriers;  and (5) any additional
 factors that the superintendent of financial services deems relevant. If
 the superintendent of financial services  delays  the  increase  in  the
 family  leave  benefit  level for one or more calendar years, the family
 leave benefit level that shall take  effect  immediately  following  the
 delay  shall  be the same benefit level that would have taken effect but
 for the delay. The weekly benefits for family leave that  occurs  on  or
 after  January  first,  two thousand eighteen shall not be less than one
 hundred dollars per week except that if the employee's wages at the time
 of family leave are less than one hundred dollars per week, the employee
 shall receive [his or her] THEIR full wages. Benefits may be payable  to
 employees  for paid family leave taken intermittently or for less than a
 full work week in increments of one full day or one fifth of the  weekly
 benefit.
   (b)  THE  WEEKLY  BENEFIT  WHICH  THE DISABLED EMPLOYEE IS ENTITLED TO
 RECEIVE FOR THE FIRST TWELVE WEEKS OF DISABILITY COMMENCING: (I)  ON  OR
 AFTER  JANUARY FIRST, TWO THOUSAND TWENTY-FIVE SHALL BE FIFTY PERCENT OF
 THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL  NOT  EXCEED  FOUR  HUNDRED
 DOLLARS;  (II)  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX SHALL
 BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY  WAGE  BUT  SHALL  NOT
 EXCEED  SIX HUNDRED THIRTY DOLLARS; (III) ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY-SEVEN SHALL BE FIFTY PERCENT OF THE  EMPLOYEE'S  AVERAGE
 WEEKLY  WAGE  BUT  SHALL  NOT  EXCEED FIFTY PERCENT OF THE STATE AVERAGE
 WEEKLY WAGE; (IV) ON OR AFTER JANUARY FIRST, TWO  THOUSAND  TWENTY-EIGHT
 SHALL  BE  SIXTY PERCENT OF THE EMPLOYEE'S WEEKLY AVERAGE WAGE BUT SHALL
 NOT EXCEED SIXTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE; AND (V) ON OR
 AFTER JANUARY FIRST  OF  EACH  SUCCEEDING  YEAR,  SHALL  BE  SIXTY-SEVEN
 PERCENT  OF  THE  EMPLOYEE'S  AVERAGE  WEEKLY  WAGE BUT SHALL NOT EXCEED
 SIXTY-SEVEN PERCENT OF THE STATE AVERAGE WEEKLY WAGE. THE SUPERINTENDENT
 OF FINANCIAL SERVICES SHALL HAVE DISCRETION TO DELAY  THE  INCREASES  IN
 THE DISABILITY BENEFIT LEVEL PROVIDED IN SUBPARAGRAPHS (II), (III), (IV)
 AND  (V) OF THIS PARAGRAPH BY ONE OR MORE CALENDAR YEARS. IN DETERMINING
 WHETHER TO DELAY THE INCREASE IN THE DISABILITY BENEFIT  FOR  ANY  YEAR,
 THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL CONSIDER: (1) THE CURRENT
 COST  TO  EMPLOYEES AND EMPLOYERS OF THE BENEFIT AND ANY EXPECTED CHANGE
 IN THE COST AFTER THE BENEFIT INCREASE; (2) THE CURRENT NUMBER OF INSUR-
 ERS ISSUING  INSURANCE  POLICIES  WITH  A  DISABILITY  BENEFIT  AND  ANY
 S. 8305                            43                            A. 8805
 
 EXPECTED  CHANGE  IN  THE NUMBER OF INSURERS ISSUING SUCH POLICIES AFTER
 THE BENEFIT INCREASE; (3) THE IMPACT OF THE BENEFIT INCREASE ON  EMPLOY-
 ERS'  BUSINESS  AND  THE  OVERALL STABILITY OF THE PROGRAM TO THE EXTENT
 THAT  INFORMATION  IS  READILY  AVAILABLE; (4) THE IMPACT OF THE BENEFIT
 INCREASE ON THE FINANCIAL STABILITY OF THE DISABILITY AND  FAMILY  LEAVE
 INSURANCE  MARKET  AND CARRIERS; AND (5) ANY ADDITIONAL FACTORS THAT THE
 SUPERINTENDENT OF FINANCIAL SERVICES DEEMS RELEVANT. IF THE  SUPERINTEN-
 DENT OF FINANCIAL SERVICES DELAYS THE INCREASE IN THE DISABILITY BENEFIT
 LEVEL  FOR ONE OR MORE CALENDAR YEARS, THE DISABILITY BENEFIT LEVEL THAT
 SHALL TAKE EFFECT IMMEDIATELY FOLLOWING THE  DELAY  SHALL  BE  THE  SAME
 BENEFIT LEVEL THAT WOULD HAVE TAKEN EFFECT BUT FOR THE DELAY. THE WEEKLY
 BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR THE PERI-
 ODS  OF  DISABILITY AFTER THE TWELFTH WEEK OF DISABILITY AND THROUGH THE
 TWENTY-SIXTH WEEK OF DISABILITY (A) ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY-FIVE SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY
 WAGE BUT SHALL NOT EXCEED TWO HUNDRED EIGHTY DOLLARS PER WEEK; (B) ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT SHALL BE SIXTY PERCENT OF
 THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT  SHALL  NOT  EXCEED  TWO  HUNDRED
 EIGHTY  PER  WEEK; AND (C) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWEN-
 TY-NINE AND EACH SUCCEEDING YEAR SHALL BE  SIXTY-SEVEN  PERCENT  OF  THE
 EMPLOYEE'S  AVERAGE  WEEKLY WAGE BUT SHALL NOT EXCEED TWO HUNDRED EIGHTY
 DOLLARS PER WEEK. THE WEEKLY BENEFIT  WHICH  THE  DISABLED  EMPLOYEE  IS
 ENTITLED TO RECEIVE FOR DISABILITY LEAVE THAT OCCURS ON OR AFTER JANUARY
 FIRST,  TWO  THOUSAND  TWENTY-FIVE  SHALL  NOT  BE LESS THAN ONE HUNDRED
 DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOYEE'S  WAGES  AT  THE  TIME  OF
 FAMILY  LEAVE  ARE  LESS THAN ONE HUNDRED DOLLARS PER WEEK, THE EMPLOYEE
 SHALL RECEIVE THEIR FULL WAGES. The weekly benefit  which  the  disabled
 employee  is  entitled  to receive for disability commencing on or after
 May first, nineteen hundred eighty-nine AND PRIOR TO JANUARY FIRST,  TWO
 THOUSAND  TWENTY-FIVE  shall  be one-half of the employee's weekly wage,
 but in no case shall such benefit exceed one  hundred  seventy  dollars;
 except  that  if  the employee's average weekly wage is less than twenty
 dollars, the benefit shall be such average weekly wage. The weekly bene-
 fit which the disabled employee is entitled to  receive  for  disability
 commencing on or after July first, nineteen hundred eighty-four shall be
 one-half  of the employee's weekly wage, but in no case shall such bene-
 fit exceed one hundred forty-five dollars; except that if the employee's
 average weekly wage is less than twenty dollars, the  benefit  shall  be
 such average weekly wage. The weekly benefit which the disabled employee
 is entitled to receive for disability commencing on or after July first,
 nineteen  hundred eighty-three and prior to July first, nineteen hundred
 eighty-four shall be one-half of the employee's average weekly wage, but
 in no case shall such benefit exceed one hundred thirty-five dollars nor
 be less than twenty dollars; except that if the employee's average week-
 ly wage is less than twenty dollars the benefit shall  be  such  average
 weekly  wage. The weekly benefit which the disabled employee is entitled
 to receive for disability commencing on or after  July  first,  nineteen
 hundred  seventy-four, and prior to July first, nineteen hundred eighty-
 three, shall be one-half of the employee's average weekly wage,  but  in
 no  case  shall such benefit exceed ninety-five dollars nor be less than
 twenty dollars; except that if the employee's  average  weekly  wage  is
 less than twenty dollars, the benefit shall be such average weekly wage.
 The  weekly  benefit  which the disabled employee is entitled to receive
 for disability commencing on  or  after  July  first,  nineteen  hundred
 seventy  and prior to July first, nineteen hundred seventy-four shall be
 one-half of the employee's average weekly wage, but  in  no  case  shall
 S. 8305                            44                            A. 8805
 
 such  benefit  exceed  seventy-five  dollars  nor  be  less  than twenty
 dollars; except that if the employee's average weekly wage is less  than
 twenty  dollars  the  benefit shall be such average weekly wage. For any
 period  of  disability less than a full week, the benefits payable shall
 be calculated by dividing the  weekly  benefit  by  the  number  of  the
 employee's normal work days per week and multiplying the quotient by the
 number  of  normal  work  days  in such period of disability. The weekly
 benefit for a disabled employee who is concurrently eligible  for  bene-
 fits  in  the employment of more than one covered employer shall, within
 the maximum and minimum herein provided, be one-half of the total of the
 employee's average weekly wages received from all such  covered  employ-
 ers,  and shall be allocated in the proportion of their respective aver-
 age weekly wage payments.
   § 8. Subdivision 2 of section 206 of the workers' compensation law, as
 amended by section 7 of part SS of chapter 54 of the laws  of  2016,  is
 amended to read as follows:
   2.  If  an  employee  who  is  eligible  for disability benefits under
 section two hundred three or two hundred seven of this article is  disa-
 bled  and has claimed or subsequently claims workers' compensation bene-
 fits under this chapter or benefits under  the  volunteer  firefighters'
 benefit  law  or  the volunteer ambulance workers' benefit law, and such
 claim is controverted on the ground that the employee's  disability  was
 not  caused  by an accident that arose out of and in the course of [his]
 THEIR employment or by an occupational disease, or by an injury in  line
 of  duty  as  a volunteer firefighter or volunteer ambulance worker, the
 employee shall be entitled in the first  instance  to  receive  benefits
 under  this  article for [his or her] THEIR disability. If benefits have
 been paid under this article in respect to a disability alleged to  have
 arisen  out  of  and  in the course of the employment or by reason of an
 occupational disease, or in line of duty as a volunteer firefighter or a
 volunteer ambulance worker, the employer or carrier or the chair  making
 such  payment  may,  at  any  time before award of workers' compensation
 benefits, or volunteer firefighters'  benefits  or  volunteer  ambulance
 workers'  benefits,  is made, file with the board a claim for reimburse-
 ment out of the proceeds of such award to the employee  for  the  period
 for which disability benefits were paid to the employee under this arti-
 cle,  and  shall  have  a lien against the FULL award for reimbursement,
 notwithstanding the provisions of section thirty-three of  this  chapter
 or  section  twenty-three  of the volunteer firefighters' benefit law or
 section twenty-three of the volunteer  ambulance  workers'  benefit  law
 provided the insurance carrier liable for payment of the award receives,
 before  such  award  is made, a copy of the claim for reimbursement from
 the employer, carrier or chair who paid disability benefits, or provided
 the board's decision and award directs such reimbursement therefrom.
   § 9. Paragraph (a) of subdivision 3 of section  209  of  the  workers'
 compensation  law,  as amended by section 10 of part SS of chapter 54 of
 the laws of 2016, is amended to read as follows:
   (a) Disability benefits. The contribution of each such employee to the
 cost of disability benefits provided by this article shall  be  one-half
 of  one  per  centum  of  the employee's wages paid to him or her on and
 after July first, nineteen hundred fifty, but not  in  excess  of  sixty
 cents  per  week. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, THE
 MAXIMUM EMPLOYEE CONTRIBUTION THAT A COVERED EMPLOYER IS  AUTHORIZED  TO
 COLLECT  FROM EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED
 BY THIS ARTICLE SHALL BE ONE-HALF OF ONE PER CENTUM  OF  THE  EMPLOYEE'S
 WAGES  BUT SHALL NOT EXCEED FORTY PERCENT OF THE AVERAGE OF THE COMBINA-
 S. 8305                            45                            A. 8805
 
 TION OF ALL EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO  DISABILITY  BENEFITS
 PROVIDED  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION TWO
 HUNDRED FOUR OF THIS ARTICLE DURING THE PRIOR CALENDAR YEAR,  AS  DETER-
 MINED  ANNUALLY  BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT TO
 SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE  OF  THE
 INSURANCE  LAW.   A SELF-INSURER SHALL SUBMIT REPORTS TO THE SUPERINTEN-
 DENT OF FINANCIAL SERVICES FOR THE PURPOSE OF DETERMINING FORTY  PERCENT
 OF  THE AVERAGE OF THE COMBINATION OF ALL EMPLOYEE AND EMPLOYER CONTRIB-
 UTIONS TO DISABILITY BENEFITS PROVIDED  PURSUANT  TO  PARAGRAPH  (B)  OF
 SUBDIVISION  TWO  OF SECTION TWO HUNDRED FOUR OF THIS ARTICLE DURING THE
 PRIOR CALENDAR YEAR, PURSUANT TO SUBSECTION (N) OF SECTION FOUR THOUSAND
 TWO HUNDRED THIRTY-FIVE OF THE INSURANCE LAW.
   § 10. The opening paragraph and subdivision 1 of section  214  of  the
 workers'  compensation law, as amended by section 26 of part GG of chap-
 ter 57 of the laws of 2013, are amended to read as follows:
   There is hereby created a fund which shall be  known  as  the  special
 fund  for disability benefits to provide for the payment of [disability]
 benefits under sections two hundred  seven,  two  hundred  thirteen  and
 attendance fees under section two hundred thirty-two of this article.
   1.  As  promptly  as  practicable after April first, in each year, the
 chairman shall ascertain the condition of the fund, and  if  as  of  any
 such  date  the  net  assets of the fund shall be one million dollars or
 more below the sum of twelve million dollars, the chairman shall  assess
 and  collect an amount sufficient to restore the fund to an amount equal
 to twelve million dollars.[.] Such assessment shall be included  in  the
 assessment  rate  established pursuant to subdivision two of section one
 hundred fifty-one of this chapter. Such assessments shall  be  deposited
 with  the  commissioner  of  taxation and finance and transferred to the
 benefit of such fund upon payment of debt service, if any,  pursuant  to
 section one hundred fifty-one of this chapter.
   §  11.  Subdivision 1 of section 217 of the workers' compensation law,
 as amended by section 16 of part SS  of chapter 54 of the laws of  2016,
 is amended to read as follows:
   1.  Written notice and proof of disability or proof of need for family
 leave shall be furnished to the employer by or on behalf of the employee
 claiming benefits or, in the  case  of  a  claimant  under  section  two
 hundred  seven  of  this article, to the chair, within thirty days after
 commencement of the period of  disability.  Additional  proof  shall  be
 furnished  thereafter  from  time  to time as the employer or carrier or
 chair may require but not more often than once  each  week.  Such  proof
 shall  include  a  statement  of disability by the employee's [attending
 physician or attending podiatrist or attending chiropractor or attending
 dentist or attending psychologist or attending certified  nurse  midwife
 or family leave care recipient's health care provider, or in the case of
 an  employee  who  adheres  to  the  faith or teachings of any church or
 denomination, and who in accordance with its creed, tenets or principles
 depends for healing upon prayer through spiritual  means  alone  in  the
 practice  of  religion,  by  an  accredited  practitioner,]  HEALTH CARE
 PROVIDER containing facts and opinions as to such disability in  compli-
 ance  with  regulations of the chair. Failure to furnish notice or proof
 within the time and in the manner above provided  shall  not  invalidate
 the  claim  but  no benefits shall be required to be paid for any period
 more than two weeks prior to the date on which  the  required  proof  is
 furnished  unless it shall be shown to the satisfaction of the chair not
 to have been reasonably possible to furnish such  notice  or  proof  and
 that  such  notice or proof was furnished as soon as possible; provided,
 S. 8305                            46                            A. 8805

 however, that no benefits shall be paid unless the  required  proof  [of
 disability] is furnished within the period of actual disability or fami-
 ly  leave  that  does  not exceed the statutory maximum period permitted
 under  section  two  hundred four of this article. No limitation of time
 provided in this section shall run as against any disabled employee  who
 is  mentally  incompetent,  or  physically  incapable  of providing such
 notice as a result of a serious medical condition, or a minor so long as
 such person has no guardian of the person and/or property.
   § 12. Section 218 of the workers' compensation law, as added by  chap-
 ter  600 of the laws of 1949, subdivision 2 as amended by chapter 809 of
 the laws of 1985, is amended to read as follows:
   § 218. [Disability benefit] BENEFIT rights inalienable. 1. Any  agree-
 ment by an employee to waive [his] THEIR rights under this article shall
 be void.
   2.  Disability  OR  FAMILY  LEAVE  benefits payable under this article
 shall not be assigned or released, except as provided in  this  article,
 and  shall  be  exempt  from  all  claims  of  creditors  and from levy,
 execution and attachment or other remedy for recovery or collection of a
 debt, which exemption may not be waived  provided,  however,  that  such
 benefits  shall  be  subject to an income execution or order for support
 enforcement pursuant to section fifty-two hundred forty-one or fifty-two
 hundred forty-two of the civil practice law and rules.
   § 13. Section 221 of the workers'  compensation  law,  as  amended  by
 section  19  of part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 221. Determination of contested claims  for  disability  and  family
 leave  benefits.  In  accordance  with regulations adopted by the chair,
 within twenty-six weeks of written notice of  rejection  of  claim,  the
 employee  may file with the chair a notice that [his or her] THEIR claim
 for disability or family leave benefits  has  not  been  paid,  and  the
 employee shall submit proof of disability or entitlement to family leave
 and  of  [his or her] THEIR employment, wages and other facts reasonably
 necessary for determination of the employee's right  to  such  benefits.
 Failure  to file such notice within the time provided, may be excused if
 it can be shown not to have been reasonably  possible  to  furnish  such
 notice and that such notice was furnished as soon as possible. On demand
 the  employer  or  carrier  shall  forthwith  deliver  to  the board the
 original or a true copy of the health care provider's report,  wage  and
 employment  data  and  all  other documentation in the possession of the
 employer or carrier with respect to such claim.
   The chair or designee, shall have full power and authority  to  deter-
 mine  all issues in relation to every such claim for disability benefits
 required or provided under this article, and shall file its decision  in
 the office of the chairman. Upon such filing, the chairman shall send to
 the  parties  a  copy of the decision. Either party may present evidence
 and be represented by counsel at any hearing on such claim. The decision
 of the board shall be final as to all questions of fact and,  except  as
 provided in section twenty-three of this chapter, as to all questions of
 law.  Every decision shall be complied with in accordance with its terms
 within ten days thereafter except as permitted by law upon the filing of
 a request for review, and any payments due  under  such  decision  shall
 draw  simple  interest  from thirty days after the making thereof at the
 rate provided in section five thousand four of the  civil  practice  law
 and  rules. The chair shall adopt rules and regulations to carry out the
 provisions of this article including but not limited  to  resolution  of
 contested  claims  and requests for review thereof, and payment of costs
 S. 8305                            47                            A. 8805
 
 for resolution of disputed claims by carriers.  Any  designated  process
 shall  afford  the parties the opportunity to present evidence and to be
 represented by counsel in any such proceeding. The chair shall have  the
 authority  to  provide for alternative dispute resolution procedures for
 claims arising under DISABILITY AND  family  leave,  including  but  not
 limited to referral and submission of disputed claims to a neutral arbi-
 trator  under  the auspices of an alternative dispute resolution associ-
 ation pursuant to article seventy-five of the  civil  practice  law  and
 rules.  Neutral  arbitrator shall mean an arbitrator who does not have a
 material interest in the outcome of the  arbitration  proceeding  or  an
 existing  and  substantial  relationship,  including  but not limited to
 pecuniary interests, with a party, counsel or representative of a party.
 Any determination made by alternative dispute resolution  shall  not  be
 reviewable by the board and the venue for any appeal shall be to a court
 of competent jurisdiction.
   §  14.  Section  228  of  the  workers'  compensation law, as added by
 section 27 of part GG of chapter 57 of the laws of 2013, is  amended  to
 read as follows:
   §  228.  Administrative  expenses.  1.  The  estimated annual expenses
 necessary  for  the  workers'  compensation  board  to  administer   the
 provisions of the disability AND PAID FAMILY LEAVE benefits law shall be
 borne  by  all affected employers and included as part of the assessment
 rate generated pursuant  to  subdivision  two  of  section  one  hundred
 fifty-one of this chapter.
   2.  Annually, as soon as practicable after the first day of April, the
 chair and department of audit and  control  shall  ascertain  the  total
 amount of actual expenses.
   §  15.  Subsection (n) of section 4235 of the insurance law is amended
 by adding a new paragraph 4 to read as follows:
   (4)(A) THE SUPERINTENDENT SHALL ESTABLISH BY SEPTEMBER FIRST  OF  EACH
 YEAR  THE  MAXIMUM  EMPLOYEE  CONTRIBUTION  THAT  A COVERED EMPLOYER, AS
 DEFINED IN SECTION TWO HUNDRED TWO OF THE WORKERS' COMPENSATION LAW,  IS
 AUTHORIZED  TO  COLLECT  FROM  EACH  EMPLOYEE FOR THE COST OF DISABILITY
 BENEFITS PROVIDED PURSUANT TO ARTICLE NINE OF THE WORKERS'  COMPENSATION
 LAW  THROUGH  A  GROUP ACCIDENT AND HEALTH INSURANCE POLICY OR THROUGH A
 SELF-FUNDED EMPLOYER FOR ITS EMPLOYEES.   BEGINNING JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-FIVE, THE MAXIMUM EMPLOYEE CONTRIBUTION AMOUNT SHALL BE
 ONE-HALF OF ONE PERCENT OF THE EMPLOYEE'S WAGES  BUT  SHALL  NOT  EXCEED
 FORTY  PERCENT  OF  THE  AVERAGE  OF THE COMBINATION OF ALL EMPLOYEE AND
 EMPLOYER CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARA-
 GRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS'
 COMPENSATION LAW DURING THE PRIOR CALENDAR YEAR, WHICH  THE  SUPERINTEN-
 DENT SHALL DETERMINE AND PUBLISH ON THE DEPARTMENT'S WEBSITE.
   (B)  A SELF-FUNDED EMPLOYER SHALL SUBMIT REPORTS TO THE SUPERINTENDENT
 FOR THE PURPOSE OF DETERMINING FORTY  PERCENT  OF  THE  AVERAGE  OF  THE
 COMBINATION  OF  ALL  EMPLOYEE  AND EMPLOYER CONTRIBUTIONS TO DISABILITY
 BENEFITS PROVIDED PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION  TWO  OF
 SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION LAW.  A SELF-FUND-
 ED  EMPLOYER  SHALL SUBMIT A REPORT TO THE SUPERINTENDENT BY JULY FIRST,
 TWO THOUSAND TWENTY-FOUR THAT SETS FORTH EMPLOYEE AND EMPLOYER  CONTRIB-
 UTIONS  TO  DISABILITY  BENEFITS  PROVIDED  PURSUANT TO PARAGRAPH (B) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION
 LAW FOR THE YEAR-ENDING TWO THOUSAND TWENTY-THREE, IN  A  FORMAT  DETER-
 MINED  BY THE SUPERINTENDENT.  BEGINNING APRIL FIRST, TWO THOUSAND TWEN-
 TY-FIVE, AND ANNUALLY THEREAFTER, A SELF-FUNDED EMPLOYER SHALL SUBMIT  A
 REPORT  TO  THE  SUPERINTENDENT  THAT  SETS  FORTH EMPLOYEE AND EMPLOYER
 S. 8305                            48                            A. 8805
 
 CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH  (B)
 OF  SUBDIVISION  TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPEN-
 SATION LAW FOR THE PRIOR CALENDAR YEAR, IN A FORMAT  DETERMINED  BY  THE
 SUPERINTENDENT.
   (C) THE SUPERINTENDENT MAY DELAY THE INCREASES IN THE DISABILITY BENE-
 FIT  LEVEL PROVIDED IN SUBPARAGRAPHS (II), (III), (IV), AND (V) OF PARA-
 GRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS'
 COMPENSATION LAW BY ONE OR MORE CALENDAR  YEARS  IF  THE  SUPERINTENDENT
 DETERMINES  IT  IS IN THE BEST INTEREST OF THE PEOPLE OF THIS STATE.  IN
 DETERMINING WHETHER TO DELAY THE INCREASE IN THE DISABILITY BENEFIT  FOR
 ANY  YEAR,  THE  SUPERINTENDENT SHALL CONSIDER:  (I) THE CURRENT COST TO
 EMPLOYEES AND EMPLOYERS OF THE BENEFIT AND ANY EXPECTED  CHANGE  IN  THE
 COST  AFTER  THE  BENEFIT  INCREASE; (II) THE CURRENT NUMBER OF INSURERS
 ISSUING INSURANCE POLICIES WITH A DISABILITY BENEFIT  AND  ANY  EXPECTED
 CHANGE IN THE NUMBER OF INSURERS ISSUING SUCH POLICIES AFTER THE BENEFIT
 INCREASE;  (III)  THE IMPACT OF THE BENEFIT INCREASE ON EMPLOYERS' BUSI-
 NESSES AND THE OVERALL STABILITY OF  THE  PROGRAM  TO  THE  EXTENT  THAT
 INFORMATION  IS  READILY  AVAILABLE;  (IV)  THE  IMPACT  OF  THE BENEFIT
 INCREASE ON THE FINANCIAL STABILITY OF THE DISABILITY AND  FAMILY  LEAVE
 INSURANCE  MARKET  AND INSURERS; AND (V) ANY ADDITIONAL FACTORS THAT THE
 SUPERINTENDENT  DEEMS  RELEVANT.    IF  THE  SUPERINTENDENT  DELAYS  THE
 INCREASE IN THE DISABILITY BENEFIT LEVEL FOR ONE OR MORE CALENDAR YEARS,
 THE  DISABILITY BENEFIT LEVEL THAT SHALL TAKE EFFECT IMMEDIATELY FOLLOW-
 ING THE DELAY SHALL BE THE SAME BENEFIT  LEVEL  THAT  WOULD  HAVE  TAKEN
 EFFECT BUT FOR THE DELAY.
   § 16. Section 2605 of the insurance law is amended to read as follows:
   §  2605.  Penalty  for violating workers' compensation law. The super-
 intendent may impose a penalty not to exceed twenty-five hundred dollars
 PER VIOLATION upon  any  insurer  required  to  be  licensed  under  the
 provisions  of  this  chapter, if, after notice to and a hearing of such
 insurer, [he] THE SUPERINTENDENT finds it  has  unreasonably  failed  to
 comply with the workers' compensation law.
   §  17.  This  act shall take effect immediately and shall apply to all
 policies issued, renewed, modified, altered,  or  amended  on  or  after
 January 1, 2025.
 
                                  PART O
 
   Section  1.  This  act  shall  be  known and may be cited as the "Stop
 Addictive Feeds Exploitation (SAFE) for Kids act".
   § 2. The general business law is amended by adding a new article 45 to
 read as follows:
                                ARTICLE 45
                             SAFE FOR KIDS ACT
 SECTION 1500. DEFINITIONS.
         1501. PROHIBITION OF ADDICTIVE FEEDS.
         1502. TIME CONTROLS.
         1503. AGE FLAGS.
         1504. NONDISCRIMINATION.
         1505. RULEMAKING AUTHORITY.
         1506. SCOPE.
         1507. REMEDIES.
   § 1500. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ADDICTIVE  FEED"  SHALL  MEAN  A  WEBSITE, ONLINE SERVICE, ONLINE
 APPLICATION, OR MOBILE APPLICATION,  OR  A  PORTION  THEREOF,  IN  WHICH
 S. 8305                            49                            A. 8805
 
 MULTIPLE  PIECES  OF  MEDIA  GENERATED  OR SHARED BY USERS OF A WEBSITE,
 ONLINE  SERVICE,  ONLINE  APPLICATION,  OR  MOBILE  APPLICATION,  EITHER
 CONCURRENTLY  OR SEQUENTIALLY, ARE RECOMMENDED, SELECTED, OR PRIORITIZED
 FOR DISPLAY TO A USER BASED, IN WHOLE OR IN PART, ON INFORMATION ASSOCI-
 ATED  WITH  THE  USER  OR THE USER'S DEVICE, UNLESS ANY OF THE FOLLOWING
 CONDITIONS ARE MET, ALONE OR IN COMBINATION WITH ONE ANOTHER:
   (A) THE INFORMATION IS NOT PERSISTENTLY ASSOCIATED WITH  THE  USER  OR
 USER'S  DEVICE,  AND  DOES  NOT CONCERN THE USER'S PREVIOUS INTERACTIONS
 WITH MEDIA GENERATED OR SHARED BY OTHERS;
   (B)  THE  INFORMATION  IS  USER-SELECTED  PRIVACY   OR   ACCESSIBILITY
 SETTINGS,  TECHNICAL INFORMATION CONCERNING THE USER'S DEVICE, OR DEVICE
 COMMUNICATIONS OR SIGNALS CONCERNING WHETHER THE USER IS A MINOR;
   (C) THE USER EXPRESSLY AND UNAMBIGUOUSLY REQUESTED THE SPECIFIC  MEDIA
 OR  MEDIA  BY THE AUTHOR, CREATOR, OR POSTER OF THE MEDIA, PROVIDED THAT
 THE MEDIA IS NOT  RECOMMENDED,  SELECTED,  OR  PRIORITIZED  FOR  DISPLAY
 BASED,  IN  WHOLE  OR  IN PART, ON OTHER INFORMATION ASSOCIATED WITH THE
 USER OR THE USER'S DEVICE THAT IS NOT OTHERWISE PERMISSIBLE  UNDER  THIS
 SUBDIVISION;
   (D) THE MEDIA ARE DIRECT, PRIVATE COMMUNICATIONS; OR
   (E)  THE  MEDIA  RECOMMENDED,  SELECTED, OR PRIORITIZED FOR DISPLAY IS
 EXCLUSIVELY THE NEXT MEDIA IN A  PRE-EXISTING  SEQUENCE  FROM  THE  SAME
 AUTHOR, CREATOR, POSTER, OR SOURCE.
   2.  "ADDICTIVE  SOCIAL  MEDIA  PLATFORM"  SHALL MEAN A WEBSITE, ONLINE
 SERVICE, ONLINE APPLICATION,  OR  MOBILE  APPLICATION,  THAT  OFFERS  OR
 PROVIDES USERS AN ADDICTIVE FEED THAT IS NOT INCIDENTAL TO THE PROVISION
 OF  SUCH WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICA-
 TION.
   3. "COVERED MINOR" SHALL MEAN A USER OF  A  WEBSITE,  ONLINE  SERVICE,
 ONLINE  APPLICATION, OR MOBILE APPLICATION IN NEW YORK WHEN THE OPERATOR
 HAS ACTUAL KNOWLEDGE THE USER IS A MINOR.
   4. "COVERED USER" SHALL MEAN A USER  OF  A  WEBSITE,  ONLINE  SERVICE,
 ONLINE APPLICATION, OR MOBILE APPLICATION IN NEW YORK.
   5. "MEDIA" SHALL MEAN TEXT, AN IMAGE, OR A VIDEO.
   6. "MINOR" SHALL MEAN AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN.
   7. "OPERATOR" SHALL MEAN ANY PERSON WHO OPERATES OR PROVIDES A WEBSITE
 ON  THE  INTERNET, AN ONLINE SERVICE, AN ONLINE APPLICATION, OR A MOBILE
 APPLICATION.
   8. "PARENT" SHALL MEAN PARENT OR LEGAL GUARDIAN.
   9. "USER" SHALL MEAN A PERSON NOT ACTING AS AN AGENT OF AN OPERATOR.
   § 1501. PROHIBITION OF ADDICTIVE FEEDS. 1. IT SHALL  BE  UNLAWFUL  FOR
 THE  OPERATOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM TO PROVIDE AN ADDIC-
 TIVE FEED TO A COVERED USER UNLESS:
   (A) THE OPERATOR HAS USED COMMERCIALLY REASONABLE METHODS TO DETERMINE
 THAT THE COVERED USER IS NOT A COVERED MINOR; OR
   (B) THE OPERATOR HAS OBTAINED VERIFIABLE PARENTAL CONSENT  TO  PROVIDE
 AN ADDICTIVE FEED TO THE COVERED USER.
   2.  INFORMATION  COLLECTED  FOR  THE  PURPOSE OF DETERMINING A COVERED
 USER'S AGE UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION  SHALL
 NOT BE USED FOR ANY PURPOSE OTHER THAN AGE DETERMINATION.
   3.  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING THE OPERA-
 TOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM TO GIVE A  PARENT  WHO  GRANTS
 VERIFIABLE  PARENTAL  CONSENT  ANY  ADDITIONAL  OR  SPECIAL ACCESS TO OR
 CONTROL OVER THE DATA OR ACCOUNTS OF THEIR CHILD.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PREVENTING ANY ACTION
 TAKEN IN GOOD FAITH TO RESTRICT ACCESS TO OR AVAILABILITY OF MEDIA  THAT
 THE  OPERATOR  OF  AN  ADDICTIVE  SOCIAL  MEDIA PLATFORM CONSIDERS TO BE
 S. 8305                            50                            A. 8805
 
 OBSCENE, LEWD, LASCIVIOUS, FILTHY, EXCESSIVELY  VIOLENT,  HARASSING,  OR
 OTHERWISE  OBJECTIONABLE,  WHETHER  OR  NOT  SUCH  MATERIAL IS CONSTITU-
 TIONALLY PROTECTED.
   §  1502. TIME CONTROLS. 1. IT SHALL BE UNLAWFUL FOR THE OPERATOR OF AN
 ADDICTIVE SOCIAL MEDIA PLATFORM TO, BETWEEN THE HOURS OF 12  AM  EASTERN
 AND  6  AM  EASTERN,  SEND  NOTIFICATIONS CONCERNING AN ADDICTIVE SOCIAL
 MEDIA PLATFORM TO A COVERED MINOR UNLESS THE OPERATOR HAS OBTAINED VERI-
 FIABLE PARENTAL CONSENT TO SEND SUCH NIGHTTIME NOTIFICATIONS.
   2. THE OPERATOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM SHALL PROVIDE  A
 MECHANISM THROUGH WHICH THE VERIFIED PARENT OF A COVERED MINOR MAY:
   (A)  PREVENT  THEIR  CHILD  FROM  ACCESSING THE ADDICTIVE SOCIAL MEDIA
 PLATFORM BETWEEN THE HOURS OF 12 AM EASTERN AND 6 AM EASTERN; AND
   (B) LIMIT THEIR CHILD'S ACCESS TO THE ADDICTIVE SOCIAL  MEDIA PLATFORM
 TO A LENGTH OF TIME PER DAY SPECIFIED BY THE VERIFIED PARENT.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING THE  OPERA-
 TOR  OF  AN  ADDICTIVE  SOCIAL MEDIA PLATFORM TO GIVE A PARENT ANY ADDI-
 TIONAL OR SPECIAL ACCESS TO OR CONTROL OVER  THE  DATA  OR  ACCOUNTS  OF
 THEIR CHILD.
   §  1503.  AGE FLAGS. FOR THE PURPOSES OF THIS ARTICLE, THE OPERATOR OF
 AN ADDICTIVE SOCIAL MEDIAL PLATFORM SHALL TREAT A USER AS A MINOR IF THE
 USER'S DEVICE COMMUNICATES OR SIGNALS THAT  THE  USER  IS  OR  SHALL  BE
 TREATED  AS  A  MINOR,  INCLUDING  THROUGH  A BROWSER PLUG-IN OR PRIVACY
 SETTING, DEVICE SETTING, OR OTHER MECHANISM.
   § 1504. NONDISCRIMINATION. AN OPERATOR OF AN  ADDICTIVE  SOCIAL  MEDIA
 PLATFORM SHALL NOT WITHHOLD, DEGRADE, LOWER THE QUALITY, OR INCREASE THE
 PRICE  OF  ANY  PRODUCT,  SERVICE, OR FEATURE, OTHER THAN AS REQUIRED BY
 THIS ARTICLE, TO A COVERED USER DUE TO THE OPERATOR NOT BEING  PERMITTED
 TO  PROVIDE AN ADDICTIVE FEED TO SUCH COVERED USER UNDER SUBDIVISION ONE
 OF SECTION FIFTEEN HUNDRED ONE OF THIS ARTICLE OR NOT BEING PERMITTED TO
 PROVIDE SUCH COVERED USER ACCESS TO OR SEND NOTIFICATIONS CONCERNING  AN
 ADDICTIVE SOCIAL MEDIA PLATFORM BETWEEN THE HOURS OF 12 AM EASTERN AND 6
 AM EASTERN UNDER SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE.
   § 1505. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE SUCH
 RULES  AND  REGULATIONS  AS  ARE NECESSARY TO EFFECTUATE AND ENFORCE THE
 PROVISIONS OF THIS ARTICLE.
   § 1506. SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT  OCCURS  IN
 WHOLE  OR  IN  PART  IN  NEW YORK. FOR PURPOSES OF THIS ARTICLE, CONDUCT
 TAKES PLACE WHOLLY OUTSIDE OF NEW YORK IF  THE  ADDICTIVE  SOCIAL  MEDIA
 PLATFORM  IS ACCESSED BY A USER WHO IS PHYSICALLY LOCATED OUTSIDE OF NEW
 YORK.
   2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY  FOR
 COMMERCIAL  ACTIVITIES  OR  ACTIONS  BY OPERATORS SUBJECT TO 15 U.S.C. §
 6501 THAT IS INCONSISTENT WITH  THE  TREATMENT  OF  SUCH  ACTIVITIES  OR
 ACTIONS UNDER 15 U.S.C. § 6502.
   §  1507.  REMEDIES.  1.  WHENEVER  IT APPEARS TO THE ATTORNEY GENERAL,
 EITHER UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN  OR  OUTSIDE
 THE  STATE,  HAS  ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR
 PRACTICES STATED TO BE UNLAWFUL IN THIS ARTICLE,  THE  ATTORNEY  GENERAL
 MAY  BRING  AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF
 THE PEOPLE OF THE STATE OF NEW YORK TO  ENJOIN  ANY  VIOLATION  OF  THIS
 ARTICLE,  TO  OBTAIN  RESTITUTION  OF  ANY  MONEYS  OR PROPERTY OBTAINED
 DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT  OF
 ANY  PROFITS  OR  GAINS  OBTAINED  DIRECTLY  OR  INDIRECTLY  BY ANY SUCH
 VIOLATION, INCLUDING BUT NOT LIMITED TO THE  DESTRUCTION  OF  UNLAWFULLY
 OBTAINED  DATA  AND  ALGORITHMS  TRAINED ON SUCH DATA, TO OBTAIN DAMAGES
 CAUSED DIRECTLY OR INDIRECTLY BY ANY SUCH  VIOLATION,  TO  OBTAIN  CIVIL
 S. 8305                            51                            A. 8805
 
 PENALTIES  OF  UP  TO FIVE THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN
 ANY SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER,  INCLUD-
 ING PRELIMINARY RELIEF.
   2.  ANY  COVERED  USER,  OR THE PARENT OF A COVERED MINOR MAY BRING AN
 ACTION FOR A VIOLATION OF SECTION FIFTEEN HUNDRED ONE OR SECTION FIFTEEN
 HUNDRED TWO OF THIS ARTICLE, TO OBTAIN:
   (A) DAMAGES OF UP TO FIVE THOUSAND DOLLARS PER COVERED USER PER  INCI-
 DENT OR ACTUAL DAMAGES, WHICHEVER IS GREATER;
   (B) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
   (C) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   3. ACTIONS BROUGHT PURSUANT TO THIS SECTION MAY BE BROUGHT ON A CLASS-
 WIDE BASIS.
   4.  THE  COURT  SHALL AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING
 PLAINTIFF.
   5. PRIOR TO BRINGING ANY ACTION FOR A  VIOLATION  OF  SECTION  FIFTEEN
 HUNDRED ONE OR FIFTEEN HUNDRED TWO OF THIS ARTICLE, A COVERED USER SHALL
 PROVIDE THE BUSINESS THIRTY DAYS' WRITTEN NOTICE IDENTIFYING THE SPECIF-
 IC  PROVISIONS OF THIS ARTICLE THE COVERED USER ALLEGES HAVE BEEN OR ARE
 BEING VIOLATED. IN THE EVENT A CURE IS POSSIBLE, IF  WITHIN  THE  THIRTY
 DAYS  THE  BUSINESS CURES THE NOTICED VIOLATION AND PROVIDES THE COVERED
 USER AN EXPRESS WRITTEN STATEMENT THAT THE VIOLATIONS  HAVE  BEEN  CURED
 AND  THAT  NO  FURTHER  VIOLATIONS SHALL OCCUR, NO ACTION FOR INDIVIDUAL
 STATUTORY DAMAGES OR  CLASS-WIDE  STATUTORY  DAMAGES  MAY  BE  INITIATED
 AGAINST THE BUSINESS. NO NOTICE SHALL BE REQUIRED PRIOR TO AN INDIVIDUAL
 CONSUMER  INITIATING  AN  ACTION  SOLELY  FOR  ACTUAL  PECUNIARY DAMAGES
 SUFFERED AS A RESULT OF THE ALLEGED VIOLATIONS OF  THIS  ARTICLE.  IF  A
 BUSINESS CONTINUES TO VIOLATE THIS ARTICLE IN BREACH OF AN EXPRESS WRIT-
 TEN STATEMENT PROVIDED TO THE COVERED USER PURSUANT TO THIS SECTION, THE
 COVERED  USER MAY INITIATE AN ACTION AGAINST THE BUSINESS TO ENFORCE THE
 WRITTEN STATEMENT AND MAY PURSUE STATUTORY DAMAGES FOR  EACH  BREACH  OF
 THE  EXPRESS  WRITTEN  STATEMENT,  AS WELL AS ANY OTHER VIOLATION OF THE
 ARTICLE THAT POSTDATES THE WRITTEN STATEMENT.
   § 3. Severability.  If any clause, sentence,  paragraph,  subdivision,
 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 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 the  office  of  the  attorney  general shall promulgate rules and regu-
 lations necessary to effectuate the provisions  of  this  act;  provided
 that  the  office  of  the attorney general shall notify the legislative
 bill drafting commission upon the occurrence of  the  enactment  of  the
 rules   and  regulations    necessary  to  effectuate  and  enforce  the
 provisions of section two of this act in order that the  commission  may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public  officers  law.  Effective  immediately,  the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.
 S. 8305                            52                            A. 8805
 
                                  PART P
 
   Section 1. The general business law is amended by adding a new article
 39-FF to read as follows:
                               ARTICLE 39-FF
                    NEW YORK CHILD DATA PROTECTION ACT
 SECTION 899-EE. DEFINITIONS.
         899-FF. PRIVACY PROTECTION BY DEFAULT.
         899-GG. THIRD PARTIES.
         899-HH. ONGOING SAFEGUARDS.
         899-II. RESPECTING USER-PROVIDED AGE FLAGS.
         899-JJ. PROTECTIONS FOR THIRD-PARTY OPERATORS.
         899-KK. RULEMAKING AUTHORITY.
         899-LL. SCOPE.
         899-MM. REMEDIES.
   §  899-EE.  DEFINITIONS.  FOR  PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "COVERED USER" SHALL MEAN A USER  OF  A  WEBSITE,  ONLINE  SERVICE,
 ONLINE  APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR PORTION
 THEREOF, IN THE STATE OF NEW YORK WHO IS:
   (A) ACTUALLY KNOWN BY THE OPERATOR OF SUCH  WEBSITE,  ONLINE  SERVICE,
 ONLINE  APPLICATION,  MOBILE  APPLICATION,  OR  CONNECTED DEVICE TO BE A
 MINOR; OR
   (B) A USER OF A WEBSITE, ONLINE SERVICE,  ONLINE  APPLICATION,  MOBILE
 APPLICATION, OR CONNECTED DEVICE PRIMARILY DIRECTED TO MINORS.
   2. "MINOR" SHALL MEAN A NATURAL PERSON UNDER THE AGE OF EIGHTEEN.
   3. "OPERATOR" SHALL MEAN ANY PERSON:
   (A)  WHO  OPERATES  OR  PROVIDES  A  WEBSITE  ON  THE INTERNET, ONLINE
 SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,  OR  CONNECTED  DEVICE;
 AND
   (B) WHO:
   (I)  COLLECTS OR MAINTAINS, EITHER DIRECTLY OR THROUGH ANOTHER PERSON,
 PERSONAL DATA FROM OR ABOUT THE USERS OF SUCH WEBSITE, SERVICE, APPLICA-
 TION, OR CONNECTED DEVICE;
   (II)  INTEGRATES  WITH  ANOTHER  WEBSITE,  SERVICE,  APPLICATION,   OR
 CONNECTED  DEVICE  AND DIRECTLY COLLECTS PERSONAL DATA FROM THE USERS OF
 SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED DEVICE;
   (III) ALLOWS ANOTHER PERSON TO COLLECT  PERSONAL  DATA  DIRECTLY  FROM
 USERS OF SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED DEVICE; OR
   (IV)  ALLOWS USERS OF SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED
 DEVICE TO PUBLICLY DISCLOSE PERSONAL DATA.
   4. "PERSONAL DATA" SHALL  MEAN  ANY  DATA  THAT  IDENTIFIES  OR  COULD
 REASONABLY  BE  LINKED,  DIRECTLY OR INDIRECTLY, WITH A SPECIFIC NATURAL
 PERSON OR DEVICE.
   5. "PROCESS" OR "PROCESSING" SHALL MEAN AN OPERATION OR SET  OF  OPER-
 ATIONS  PERFORMED  ON  PERSONAL  DATA,  INCLUDING BUT NOT LIMITED TO THE
 COLLECTION,  USE,  ACCESS,  SHARING,   SALE,   MONETIZATION,   ANALYSIS,
 RETENTION,  CREATION,  GENERATION,  DERIVATION, RECORDING, ORGANIZATION,
 STRUCTURING, STORAGE,  DISCLOSURE,  TRANSMISSION,  DISPOSAL,  LICENSING,
 DESTRUCTION,  DELETION,  MODIFICATION,  OR  DEIDENTIFICATION OF PERSONAL
 DATA.
   6. "PRIMARILY  DIRECTED  TO  MINORS"  SHALL  MEAN  A  WEBSITE,  ONLINE
 SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR
 A  PORTION  THEREOF,  THAT  IS  TARGETED  TO  MINORS.  A WEBSITE, ONLINE
 SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR
 PORTION THEREOF, SHALL NOT BE DEEMED DIRECTED PRIMARILY TO MINORS SOLELY
 S. 8305                            53                            A. 8805
 
 BECAUSE SUCH WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE  APPLI-
 CATION,  OR  CONNECTED DEVICE, OR PORTION THEREOF REFERS OR LINKS TO ANY
 OTHER WEBSITE, ONLINE SERVICE, ONLINE APPLICATION,  MOBILE  APPLICATION,
 OR  CONNECTED  DEVICE  DIRECTED  TO MINORS BY USING INFORMATION LOCATION
 TOOLS, INCLUDING A DIRECTORY, INDEX, REFERENCE,  POINTER,  OR  HYPERTEXT
 LINK. A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,
 OR  CONNECTED  DEVICE,  OR  PORTION THEREOF, SHALL BE DEEMED DIRECTED TO
 MINORS WHEN IT HAS ACTUAL KNOWLEDGE THAT IT IS COLLECTING PERSONAL  DATA
 OF  USERS DIRECTLY FROM USERS OF ANOTHER WEBSITE, ONLINE SERVICE, ONLINE
 APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE PRIMARILY  DIRECTED
 TO MINORS.
   7.  "SELL"  SHALL  MEAN  TO  SHARE PERSONAL DATA FOR MONETARY OR OTHER
 VALUABLE CONSIDERATION. "SELLING"  SHALL  NOT  INCLUDE  THE  SHARING  OF
 PERSONAL  DATA  FOR  MONETARY OR OTHER VALUABLE CONSIDERATION TO ANOTHER
 PERSON AS AN ASSET THAT IS PART OF A MERGER, ACQUISITION, BANKRUPTCY, OR
 OTHER TRANSACTION IN WHICH THAT PERSON ASSUMES CONTROL OF ALL OR PART OF
 THE OPERATOR'S ASSETS.
   8. "THIRD PARTY" SHALL MEAN ANY PERSON WHO IS NOT ANY OF  THE  FOLLOW-
 ING:
   (A)  THE  OPERATOR  WITH WHOM THE USER INTENTIONALLY INTERACTS AND WHO
 COLLECTS PERSONAL DATA FROM THE USER  AS  PART  OF  THE  USER'S  CURRENT
 INTERACTION WITH THE OPERATOR;
   (B) THE USER WHOSE PERSONAL DATA THE OPERATOR PROCESSES; OR
   (C)  THE  PARENT  OR LEGAL GUARDIAN OF A USER UNDER THIRTEEN YEARS OLD
 WHOSE PERSONAL DATA THE OPERATOR PROCESSES.
   § 899-FF. PRIVACY PROTECTION BY DEFAULT. 1. EXCEPT AS PROVIDED FOR  IN
 SUBDIVISION SIX OF THIS SECTION AND SECTION EIGHT HUNDRED NINETY-NINE-JJ
 OF  THIS  ARTICLE, AN OPERATOR SHALL NOT PROCESS, OR ALLOW A THIRD PARTY
 TO PROCESS, THE PERSONAL DATA OF A COVERED USER  COLLECTED  THROUGH  THE
 USE  OF  A  WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICA-
 TION, OR CONNECTED DEVICE UNLESS AND TO THE EXTENT:
   (A) THE COVERED USER IS TWELVE YEARS OF AGE OR YOUNGER AND  PROCESSING
 IS PERMITTED UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS; OR
   (B)  THE COVERED USER IS THIRTEEN YEARS OF AGE OR OLDER AND PROCESSING
 IS STRICTLY NECESSARY FOR AN ACTIVITY SET FORTH IN  SUBDIVISION  TWO  OF
 THIS  SECTION,  OR  INFORMED  CONSENT  HAS BEEN OBTAINED AS SET FORTH IN
 SUBDIVISION THREE OF THIS SECTION.
   2. FOR THE PURPOSES OF  PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE PROCESSING OF PERSONAL DATA OF A COVERED USER IS PERMISSI-
 BLE WHERE IT IS STRICTLY NECESSARY FOR THE FOLLOWING ACTIVITIES:
   (A) PROVIDING OR MAINTAINING A SPECIFIC PRODUCT OR  SERVICE  REQUESTED
 BY THE COVERED USER;
   (B)  CONDUCTING  THE  OPERATOR'S  INTERNAL  BUSINESS  OPERATIONS.  FOR
 PURPOSES OF THIS PARAGRAPH, SUCH INTERNAL BUSINESS OPERATIONS SHALL  NOT
 INCLUDE  ANY  ACTIVITIES RELATED TO MARKETING, ADVERTISING, OR PROVIDING
 PRODUCTS OR SERVICES TO THIRD PARTIES, OR PROMPTING COVERED USERS TO USE
 THE WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,  OR
 CONNECTED DEVICE WHEN IT IS NOT IN USE;
   (C) IDENTIFYING AND REPAIRING TECHNICAL ERRORS THAT IMPAIR EXISTING OR
 INTENDED FUNCTIONALITY;
   (D) PROTECTING AGAINST MALICIOUS, FRAUDULENT, OR ILLEGAL ACTIVITY;
   (E) INVESTIGATING, ESTABLISHING, EXERCISING, PREPARING FOR, OR DEFEND-
 ING LEGAL CLAIMS;
   (F)  COMPLYING  WITH  FEDERAL,  STATE,  OR LOCAL LAWS, RULES, OR REGU-
 LATIONS;
 S. 8305                            54                            A. 8805
 
   (G) COMPLYING WITH A CIVIL, CRIMINAL, OR REGULATORY INQUIRY,  INVESTI-
 GATION,  SUBPOENA, OR SUMMONS BY FEDERAL, STATE, LOCAL, OR OTHER GOVERN-
 MENTAL AUTHORITIES;
   (H)  DETECTING,  RESPONDING  TO,  OR  PREVENTING SECURITY INCIDENTS OR
 THREATS; OR
   (I) PROTECTING THE VITAL INTERESTS OF A NATURAL PERSON.
   3. (A) FOR THE PURPOSES OF PARAGRAPH (B) OF SUBDIVISION  ONE  OF  THIS
 SECTION,  TO PROCESS PERSONAL DATA OF A COVERED USER WHERE SUCH PROCESS-
 ING IS NOT STRICTLY NECESSARY UNDER SUBDIVISION  TWO  OF  THIS  SECTION,
 INFORMED CONSENT MUST BE OBTAINED FROM THE COVERED USER EITHER THROUGH A
 DEVICE COMMUNICATION OR SIGNAL PURSUANT TO THE PROVISIONS OF SUBDIVISION
 TWO OF SECTION EIGHT HUNDRED NINETY-NINE-II OF THIS ARTICLE OR THROUGH A
 REQUEST. REQUESTS FOR SUCH INFORMED CONSENT SHALL:
   (I)  BE MADE SEPARATELY FROM ANY OTHER TRANSACTION OR PART OF A TRANS-
 ACTION;
   (II) BE MADE IN THE ABSENCE OF ANY MECHANISM THAT HAS THE  PURPOSE  OR
 SUBSTANTIAL  EFFECT  OF  OBSCURING,  SUBVERTING,  OR IMPAIRING A COVERED
 USER'S DECISION-MAKING REGARDING AUTHORIZATION FOR THE PROCESSING;
   (III) IF REQUESTING INFORMED CONSENT FOR MULTIPLE TYPES OF PROCESSING,
 ALLOW THE COVERED USER TO PROVIDE OR  WITHHOLD  CONSENT  SEPARATELY  FOR
 EACH TYPE OF PROCESSING;
   (IV)  CLEARLY AND CONSPICUOUSLY STATE THAT THE PROCESSING IS OPTIONAL,
 AND THAT THE COVERED USER MAY DECLINE WITHOUT PREVENTING  CONTINUED  USE
 OF  THE WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,
 OR CONNECTED DEVICE; AND
   (V) CLEARLY PRESENT AN OPTION TO REFUSE TO PROVIDE CONSENT AS THE MOST
 PROMINENT OPTION.
   (B) SUCH INFORMED CONSENT, ONCE GIVEN, SHALL BE  FREELY  REVOCABLE  AT
 ANY TIME, AND SHALL BE AT LEAST AS EASY TO REVOKE AS IT WAS TO PROVIDE.
   (C)  IF A COVERED USER DECLINES TO PROVIDE OR REVOKES INFORMED CONSENT
 FOR PROCESSING, ANOTHER REQUEST MAY NOT BE MADE FOR SUCH PROCESSING  FOR
 THE FOLLOWING CALENDAR YEAR.
   (D)  IF  A  COVERED  USER'S  DEVICE  COMMUNICATES  OR SIGNALS THAT THE
 COVERED USER DECLINES TO PROVIDE INFORMED CONSENT FOR PROCESSING  PURSU-
 ANT  TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED NINE-
 TY-NINE-II OF THIS ARTICLE,  AN  OPERATOR  SHALL  NOT  REQUEST  INFORMED
 CONSENT FOR SUCH PROCESSING.
   4. EXCEPT WHERE PROCESSING IS STRICTLY NECESSARY TO PROVIDE A PRODUCT,
 SERVICE,  OR  FEATURE,  AN OPERATOR MAY NOT WITHHOLD, DEGRADE, LOWER THE
 QUALITY, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR FEATURE TO  A
 COVERED  USER  DUE  TO  THE  OPERATOR  NOT OBTAINING VERIFIABLE PARENTAL
 CONSENT UNDER 15 U.S.C. §  6502  AND  ITS  IMPLEMENTING  REGULATIONS  OR
 INFORMED CONSENT UNDER SUBDIVISION THREE OF THIS SECTION.
   5.  EXCEPT  AS PROVIDED FOR IN SECTION EIGHT HUNDRED NINETY-NINE-JJ OF
 THIS ARTICLE, AN OPERATOR SHALL NOT PURCHASE OR SELL, OR ALLOW  A  THIRD
 PARTY TO PURCHASE OR SELL, THE PERSONAL DATA OF A COVERED USER.
   6.  WITHIN FOURTEEN DAYS OF DETERMINING THAT A USER IS A COVERED USER,
 AN OPERATOR SHALL:
   (A) DISPOSE OF, DESTROY, OR DELETE ALL PERSONAL DATA OF  SUCH  COVERED
 USER  THAT IT MAINTAINS, UNLESS PROCESSING SUCH PERSONAL DATA IS PERMIT-
 TED UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS, IS STRICTLY
 NECESSARY FOR AN ACTIVITY LISTED IN SUBDIVISION TWO OF THIS SECTION,  OR
 INFORMED  CONSENT  IS OBTAINED AS SET FORTH IN SUBDIVISION THREE OF THIS
 SECTION; AND
 S. 8305                            55                            A. 8805
 
   (B) NOTIFY ANY THIRD PARTIES TO WHOM IT DISCLOSED THE  PERSONAL  DATA,
 AND  ANY THIRD PARTIES IT ALLOWED TO PROCESS THE PERSONAL DATA, THAT THE
 USER IS A COVERED USER.
   §  899-GG.  THIRD  PARTIES. 1. EXCEPT AS PROVIDED FOR IN SECTION EIGHT
 HUNDRED NINETY-NINE-JJ OF THIS ARTICLE, NO OPERATOR SHALL  DISCLOSE  THE
 PERSONAL  DATA OF A COVERED USER TO A THIRD PARTY, OR ALLOW THE PROCESS-
 ING OF THE PERSONAL DATA OF A COVERED USER BY A THIRD PARTY,  WITHOUT  A
 WRITTEN, BINDING AGREEMENT GOVERNING SUCH DISCLOSURE OR PROCESSING. SUCH
 AGREEMENT  SHALL  CLEARLY  SET  FORTH  INSTRUCTIONS  FOR  THE NATURE AND
 PURPOSE  OF  THE  THIRD-PARTY'S  PROCESSING  OF   THE   PERSONAL   DATA,
 INSTRUCTIONS  FOR USING OR FURTHER DISCLOSING THE PERSONAL DATA, AND THE
 RIGHTS AND OBLIGATIONS OF BOTH PARTIES.
   2. EXCEPT AS PROVIDED FOR IN SECTION EIGHT HUNDRED  NINETY-NINE-JJ  OF
 THIS  ARTICLE,  PRIOR  TO DISCLOSING PERSONAL DATA TO A THIRD PARTY, THE
 OPERATOR SHALL INFORM THE THIRD PARTY IF SUCH DATA IS THE PERSONAL  DATA
 OF A COVERED USER.
   3.  AN  AGREEMENT  PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION SHALL
 REQUIRE THAT THE THIRD PARTY:
   (A) PROCESS THE PERSONAL DATA OF COVERED USERS ONLY WHEN  AND  TO  THE
 EXTENT STRICTLY NECESSARY FOR AN ACTIVITY LISTED PURSUANT TO SUBDIVISION
 TWO  OF  SECTION  EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE, OR WHERE
 INFORMED CONSENT WAS OBTAINED PURSUANT TO SUBDIVISION THREE  OF  SECTION
 EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE;
   (B)  DELETE  OR  RETURN  TO  THE OPERATOR ALL PERSONAL DATA OF COVERED
 USERS AT THE END OF ITS PROVISION OF SERVICES, UNLESS RETENTION  OF  THE
 PERSONAL DATA IS REQUIRED BY LAW;
   (C)  UPON  REASONABLE  REQUEST  OF THE OPERATOR, MAKE AVAILABLE TO THE
 OPERATOR ALL DATA IN ITS POSSESSION NECESSARY TO DEMONSTRATE THE  THIRD-
 PARTY'S COMPLIANCE WITH THE OBLIGATIONS IN THIS SECTION;
   (D)  ALLOW, AND COOPERATE WITH, REASONABLE ASSESSMENTS BY THE OPERATOR
 OR THE OPERATOR'S DESIGNATED ASSESSOR FOR PURPOSES OF EVALUATING COMPLI-
 ANCE WITH THE OBLIGATIONS OF  THIS  ARTICLE.  ALTERNATIVELY,  THE  THIRD
 PARTY MAY ARRANGE FOR A QUALIFIED AND INDEPENDENT ASSESSOR TO CONDUCT AN
 ASSESSMENT  OF  THE  THIRD-PARTY'S  POLICIES AND TECHNICAL AND ORGANIZA-
 TIONAL MEASURES IN SUPPORT OF THE OBLIGATIONS UNDER THIS  ARTICLE  USING
 AN APPROPRIATE AND ACCEPTED CONTROL STANDARD OR FRAMEWORK AND ASSESSMENT
 PROCEDURE  FOR  SUCH ASSESSMENTS. THE THIRD PARTY SHALL PROVIDE A REPORT
 OF SUCH ASSESSMENT TO THE OPERATOR UPON REQUEST; AND
   (E) NOTIFY THE OPERATOR A REASONABLE TIME IN ADVANCE BEFORE DISCLOSING
 OR TRANSFERRING THE PERSONAL DATA OF COVERED USERS TO ANY FURTHER  THIRD
 PARTIES, WHICH MAY BE IN THE FORM OF A REGULARLY UPDATED LIST OF FURTHER
 THIRD PARTIES THAT MAY ACCESS PERSONAL DATA OF COVERED USERS.
   § 899-HH. ONGOING SAFEGUARDS. UPON LEARNING THAT A USER IS NO LONGER A
 COVERED  USER,  AN  OPERATOR  MAY  NOT PROCESS THE PERSONAL DATA OF SUCH
 PERSON IN A MANNER NOT PREVIOUSLY PERMITTED UNLESS AND UNTIL IT RECEIVES
 INFORMED CONSENT PURSUANT TO SUBDIVISION THREE OF SECTION EIGHT  HUNDRED
 NINETY-NINE-FF OF THIS ARTICLE.
   §  899-II.  RESPECTING USER-PROVIDED AGE FLAGS. 1. FOR THE PURPOSES OF
 THIS ARTICLE, AN OPERATOR SHALL TREAT A USER AS A COVERED  USER  IF  THE
 USER'S  DEVICE  COMMUNICATES  OR  SIGNALS  THAT  THE USER IS OR SHALL BE
 TREATED AS A MINOR, INCLUDING  THROUGH  A  BROWSER  PLUG-IN  OR  PRIVACY
 SETTING, DEVICE SETTING, OR OTHER MECHANISM.
   2.  FOR  THE  PURPOSES  OF  SUBDIVISION THREE OF SECTION EIGHT HUNDRED
 NINETY-NINE-FF OF THIS ARTICLE, AN OPERATOR SHALL ADHERE  TO  ANY  CLEAR
 AND  UNAMBIGUOUS COMMUNICATIONS OR SIGNALS FROM A COVERED USER'S DEVICE,
 INCLUDING THROUGH A BROWSER PLUG-IN OR PRIVACY SETTING, DEVICE  SETTING,
 S. 8305                            56                            A. 8805
 
 OR OTHER MECHANISM, CONCERNING PROCESSING THAT THE COVERED USER CONSENTS
 TO OR DECLINES TO CONSENT TO. AN OPERATOR SHALL NOT ADHERE TO UNCLEAR OR
 AMBIGUOUS  COMMUNICATIONS  OR  SIGNALS FROM A COVERED USER'S DEVICE, AND
 SHALL  INSTEAD  REQUEST  INFORMED  CONSENT PURSUANT TO THE PROVISIONS OF
 PARAGRAPH A OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED NINETY-NINE-FF
 OF THIS ARTICLE.
   §  899-JJ.  PROTECTIONS  FOR  THIRD-PARTY  OPERATORS.  SECTIONS  EIGHT
 HUNDRED  NINETY-NINE-FF AND EIGHT HUNDRED NINETY-NINE-GG OF THIS ARTICLE
 SHALL NOT APPLY TO AN OPERATOR PROCESSING THE PERSONAL DATA OF A COVERED
 USER OF ANOTHER WEBSITE,  ONLINE  SERVICE,  ONLINE  APPLICATION,  MOBILE
 APPLICATION, OR CONNECTED DEVICE, OR PORTION THEREOF, WHERE THE OPERATOR
 RECEIVED  REASONABLE  WRITTEN  REPRESENTATIONS  THAT  THE  COVERED  USER
 PROVIDED INFORMED CONSENT FOR SUCH PROCESSING, OR:
   1. THE OPERATOR DOES NOT HAVE ACTUAL KNOWLEDGE THAT THE  COVERED  USER
 IS A MINOR; AND
   2. THE OPERATOR DOES NOT HAVE ACTUAL KNOWLEDGE THAT THE OTHER WEBSITE,
 ONLINE  SERVICE,  ONLINE  APPLICATION,  MOBILE APPLICATION, OR CONNECTED
 DEVICE, OR PORTION THEREOF, IS PRIMARILY DIRECTED TO MINORS.
   § 899-KK. RULEMAKING AUTHORITY. THE ATTORNEY  GENERAL  MAY  PROMULGATE
 SUCH  RULES  AND  REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   § 899-LL. SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT OCCURS IN
 WHOLE OR IN PART IN THE STATE OF NEW YORK. FOR PURPOSES OF THIS ARTICLE,
 COMMERCIAL CONDUCT TAKES PLACE WHOLLY OUTSIDE OF THE STATE OF  NEW  YORK
 IF  THE  BUSINESS  COLLECTED SUCH INFORMATION WHILE THE COVERED USER WAS
 OUTSIDE OF THE STATE OF NEW YORK, NO PART OF  THE  USE  OF  THE  COVERED
 USER'S  PERSONAL DATA OCCURRED IN THE STATE OF NEW YORK, AND NO PERSONAL
 DATA COLLECTED WHILE THE COVERED USER WAS IN THE STATE OF  NEW  YORK  IS
 USED.
   2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT AN OPERATOR
 FROM STORING A COVERED USER'S PERSONAL DATA THAT WAS COLLECTED  PURSUANT
 TO  SECTION  EIGHT  HUNDRED  NINETY-NINE-FF  OF  THIS  ARTICLE WHEN SUCH
 COVERED USER IS IN THE STATE.
   3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY  FOR
 COMMERCIAL ACTIVITIES OR ACTIONS BY OPERATORS SUBJECT TO 15 U.S.C.  6501
 THAT  IS  INCONSISTENT  WITH THE TREATMENT OF SUCH ACTIVITIES OR ACTIONS
 UNDER 15 U.S.C. 6502.
   § 899-MM. REMEDIES. 1. WHENEVER IT APPEARS TO  THE  ATTORNEY  GENERAL,
 EITHER  UPON  COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN OR OUTSIDE
 THE STATE, HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF  THE  ACTS  OR
 PRACTICES  STATED  TO  BE UNLAWFUL IN THIS ARTICLE, THE ATTORNEY GENERAL
 MAY BRING AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON  BEHALF  OF
 THE  PEOPLE  OF  THE  STATE  OF NEW YORK TO ENJOIN ANY VIOLATION OF THIS
 ARTICLE, TO OBTAIN  RESTITUTION  OF  ANY  MONEYS  OR  PROPERTY  OBTAINED
 DIRECTLY  OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT OF
 ANY PROFITS OR  GAINS  OBTAINED  DIRECTLY  OR  INDIRECTLY  BY  ANY  SUCH
 VIOLATION,  INCLUDING  BUT  NOT LIMITED TO THE DESTRUCTION OF UNLAWFULLY
 OBTAINED DATA AND ALGORITHMS TRAINED ON SUCH  DATA,  TO  OBTAIN  DAMAGES
 CAUSED  DIRECTLY  OR  INDIRECTLY  BY ANY SUCH VIOLATION, TO OBTAIN CIVIL
 PENALTIES OF UP TO FIVE THOUSAND DOLLARS PER VIOLATION,  AND  TO  OBTAIN
 ANY  SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUD-
 ING PRELIMINARY RELIEF.
   2. ANY COVERED USER WHO HAS BEEN INJURED BY  A  VIOLATION  OF  SECTION
 EIGHT  HUNDRED  NINETY-NINE-FF   OF THIS ARTICLE, OR THE PARENT OR LEGAL
 GUARDIAN OF A COVERED MINOR WHO HAS  BEEN  INJURED  BY  A  VIOLATION  OF
 S. 8305                            57                            A. 8805
 
 SECTION  EIGHT  HUNDRED  NINETY-NINE-FF  OF  THIS  ARTICLE, MAY BRING AN
 ACTION TO OBTAIN:
   (A)  DAMAGES OF UP TO FIVE THOUSAND DOLLARS PER COVERED USER PER INCI-
 DENT OR ACTUAL DAMAGES, WHICHEVER IS GREATER;
   (B) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
   (C) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   3. ACTIONS PURSUANT TO THIS SECTION MAY BE  BROUGHT  ON  A  CLASS-WIDE
 BASIS.
   4.  THE  COURT  MAY  AWARD  REASONABLE ATTORNEYS' FEES TO A PREVAILING
 PLAINTIFF.
   5. PRIOR TO BRINGING ANY ACTION FOR VIOLATIONS OF THIS ARTICLE  PURSU-
 ANT TO SUBDIVISION TWO OF THIS SECTION, A COVERED USER SHALL PROVIDE THE
 OPERATOR THIRTY DAYS' WRITTEN NOTICE IDENTIFYING THE SPECIFIC PROVISIONS
 OF  THIS  ARTICLE  THE  COVERED  USER  ALLEGES  HAVE  BEEN  OR ARE BEING
 VIOLATED. IN THE EVENT A CURE IS POSSIBLE, IF WITHIN THE THIRTY DAYS THE
 OPERATOR ACTUALLY CURES THE NOTICED VIOLATION AND PROVIDES  THE  COVERED
 USER  AN  EXPRESS  WRITTEN STATEMENT THAT THE VIOLATIONS HAVE BEEN CURED
 AND THAT NO FURTHER VIOLATIONS SHALL OCCUR,  NO  ACTION  FOR  INDIVIDUAL
 STATUTORY  DAMAGES  OR  CLASS-WIDE  STATUTORY  DAMAGES  MAY BE INITIATED
 AGAINST THE OPERATOR. NO NOTICE SHALL BE REQUIRED PRIOR TO AN INDIVIDUAL
 CONSUMER INITIATING  AN  ACTION  SOLELY  FOR  ACTUAL  PECUNIARY  DAMAGES
 SUFFERED AS A RESULT OF THE ALLEGED VIOLATIONS OF THIS TITLE. IF A BUSI-
 NESS  CONTINUES TO VIOLATE THIS ARTICLE IN BREACH OF THE EXPRESS WRITTEN
 STATEMENT PROVIDED TO THE COVERED USER UNDER THIS SECTION,  THE  COVERED
 USER  MAY INITIATE AN ACTION AGAINST THE BUSINESS TO ENFORCE THE WRITTEN
 STATEMENT AND MAY PURSUE  STATUTORY  DAMAGES  FOR  EACH  BREACH  OF  THE
 EXPRESS WRITTEN STATEMENT, AS WELL AS ANY OTHER VIOLATION OF THE ARTICLE
 THAT POSTDATES SUCH WRITTEN STATEMENT.
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 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 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 one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.
 
                                  PART Q

   Section 1. Subdivision 2 of section 200 of the state finance  law,  as
 added by chapter 78 of the laws of 1982, is amended to read as follows:
   2.  Notwithstanding the provisions of subdivision one of this section,
 where the state and an employee organization representing state officers
 and employees who are in positions which are in  collective  negotiating
 units  established pursuant to article fourteen of the civil service law
 enter into an agreement providing for an alternative procedure  for  the
 payment  of salaries to such employees or where the director of employee
 relations shall authorize an alternative procedure for  the  payment  of
 salaries  to state officers or employees in the executive branch who are
 in positions which are not in collective negotiating units, such  alter-
 S. 8305                            58                            A. 8805
 
 native procedure shall be implemented in lieu of the procedure specified
 in subdivision one of this section.  NOTWITHSTANDING ANY OTHER PROVISION
 OF  LAW  TO  THE  CONTRARY, WHERE THE STATE AND AN EMPLOYEE ORGANIZATION
 REPRESENTING  OFFICERS  AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN
 POSITIONS WHICH ARE IN COLLECTIVE NEGOTIATING UNITS ESTABLISHED PURSUANT
 TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW ENTER INTO AN AGREEMENT, OR
 WHERE THE DIRECTOR OF EMPLOYEE RELATIONS SHALL  AUTHORIZE  FOR  OFFICERS
 AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN POSITIONS WHICH ARE NOT
 IN  COLLECTIVE  NEGOTIATING  UNITS,    THE ALTERNATE PROCEDURE SPECIFIED
 HEREIN SHALL BE TERMINATED FOR OFFICERS AND EMPLOYEES HIRED ON OR  AFTER
 JULY  FIRST, TWO THOUSAND TWENTY-FOUR. THE ALTERNATE PROCEDURE SPECIFIED
 HEREIN SHALL ALSO  BE  TERMINATED  FOR:  (I)  NONJUDICIAL  OFFICERS  AND
 EMPLOYEES  OF THE UNIFIED COURT SYSTEM HIRED ON OR AFTER JULY FIRST, TWO
 THOUSAND TWENTY-FOUR, IF  THE  CHIEF  ADMINISTRATOR  OF  THE  COURTS  SO
 ELECTS;  (II)  EMPLOYEES OF THE SENATE HIRED ON OR AFTER JULY FIRST, TWO
 THOUSAND TWENTY-FOUR, IF  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE  SO
 ELECTS;  (III)  EMPLOYEES  OF THE ASSEMBLY HIRED ON OR AFTER JULY FIRST,
 TWO THOUSAND TWENTY-FOUR, IF THE SPEAKER OF THE ASSEMBLY SO ELECTS;  AND
 (IV)  EMPLOYEES  OF  JOINT  LEGISLATIVE EMPLOYERS HIRED ON OR AFTER JULY
 FIRST, TWO THOUSAND TWENTY-FOUR,  IF  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE  AND  THE  SPEAKER OF THE ASSEMBLY MUTUALLY SO ELECT FOR ALL SUCH
 JOINT LEGISLATIVE EMPLOYERS.  ANY ELECTION MADE  PURSUANT  TO  PARAGRAPH
 (I),  (II),  (III),  OR (IV) OF THIS SUBDIVISION SHALL BE IN WRITING AND
 FILED WITH THE STATE COMPTROLLER NOT LATER THAN THIRTY  DAYS  AFTER  THE
 ENACTMENT OF THIS LEGISLATION.
   §  2.  Paragraph  (c)  of  subdivision 2-a of section 200 of the state
 finance law, as added by chapter 947 of the laws of 1990, is amended  to
 read as follows:
   (c)  For officers and employees hired after the effective date of this
 act, the withholding of five days of salary shall be accomplished in the
 same manner provided in paragraph (a) of this section provided, however,
 such withholding shall be taken on the first five payment dates in which
 such new employees would otherwise have received their salary.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE STATE AND
 AN EMPLOYEE ORGANIZATION REPRESENTING  OFFICERS  AND  EMPLOYEES  IN  THE
 EXECUTIVE  BRANCH WHO ARE IN POSITIONS WHICH ARE IN COLLECTIVE NEGOTIAT-
 ING UNITS ESTABLISHED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL  SERVICE
 LAW ENTER INTO AN AGREEMENT, OR WHERE THE DIRECTOR OF EMPLOYEE RELATIONS
 SHALL  AUTHORIZE  FOR  OFFICERS OR EMPLOYEES IN THE EXECUTIVE BRANCH WHO
 ARE IN POSITIONS WHICH ARE NOT IN COLLECTIVE NEGOTIATING UNITS, OFFICERS
 AND EMPLOYEES HIRED ON OR AFTER JULY FIRST,  TWO  THOUSAND  TWENTY-FOUR,
 SHALL  NOT BE SUBJECT TO THE WITHHOLDING OF FIVE DAYS OF SALARY ON THEIR
 FIRST FIVE PAYMENT DATES AS SPECIFIED HEREIN. SUCH WITHHOLDING SHALL NOT
 BE TAKEN FOR:  (I) NONJUDICIAL OFFICERS AND  EMPLOYEES  OF  THE  UNIFIED
 COURT  SYSTEM HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF
 THE CHIEF ADMINISTRATOR OF THE COURTS SO ELECTS; (II) EMPLOYEES  OF  THE
 SENATE  HIRED  ON  OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF THE
 TEMPORARY PRESIDENT OF THE SENATE SO  ELECTS;  (III)  EMPLOYEES  OF  THE
 ASSEMBLY  HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF THE
 SPEAKER OF THE ASSEMBLY SO ELECTS; AND (IV) EMPLOYEES OF JOINT  LEGISLA-
 TIVE  EMPLOYERS  HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR,
 IF THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
 MUTUALLY SO ELECT  FOR  ALL  SUCH  JOINT  LEGISLATIVE  EMPLOYERS.    ANY
 ELECTION MADE PURSUANT TO SUBPARAGRAPH (I), (II), (III), OR (IV) OF THIS
 PARAGRAPH  SHALL  BE IN WRITING AND FILED WITH THE STATE COMPTROLLER NOT
 LATER THAN THIRTY DAYS AFTER THE ENACTMENT OF THIS LEGISLATION.
 S. 8305                            59                            A. 8805
 
   § 3. Paragraph (a) of subdivision 2-b of  section  200  of  the  state
 finance  law, as amended by chapter 171 of the laws of 1991,  is amended
 to read as follows:
   (a)  For  nonjudicial  officers  and  employees  of  the unified court
 system: commencing with the earliest administratively  feasible  payroll
 period  (and  corresponding  payment  date)  subsequent to the date this
 subdivision becomes a law, payment on  the  payment  date  of  the  five
 payroll  periods  commencing  thereon  shall  be for nine-tenths of that
 amount paid each payroll period until a total of five-tenths  of  salary
 for  one  payroll  period  that would be paid but for this provision has
 been withheld. For nonjudicial officers and employees  hired  after  the
 date  this  subdivision  becomes  a law, the withholding of five days of
 salary shall  be  accomplished  in  the  same  manner  described  above,
 provided,  however,  such  withholding  shall  be made on the first five
 payment dates in which such new officers or  employees  would  otherwise
 have  received their salary.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW
 TO THE CONTRARY, SUCH WITHHOLDING SHALL NOT  BE  TAKEN  FOR  NONJUDICIAL
 OFFICERS  AND  EMPLOYEES  OF  THE UNIFIED COURT SYSTEM HIRED ON OR AFTER
 JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF THE CHIEF ADMINISTRATOR OF  THE
 COURTS  SO ELECTS.  ANY ELECTION MADE PURSUANT TO THIS SUBDIVISION SHALL
 BE IN WRITING AND FILED WITH THE STATE COMPTROLLER NOT LATER THAN THIRTY
 DAYS AFTER THE ENACTMENT OF THIS LEGISLATION.
   § 4. This act shall take effect July 1, 2024.
 
                                  PART R
 
   Section 1.  Subdivision (a) of section 5004 of the civil practice  law
 and  rules, as amended by chapter 831 of the laws of 2021, is amended to
 read as follows:
   (a) [Interest shall be at the rate  of  nine  per  centum  per  annum,
 except  where  otherwise  provided by statute; provided] NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, INCLUDING  ANY
 LAW  OR REGULATION THAT LIMITS THE ANNUAL RATE OF INTEREST TO BE PAID ON
 A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE OF INTEREST TO BE PAID ON A
 JUDGMENT OR ACCRUED CLAIM SHALL BE CALCULATED  AT  THE  ONE-YEAR  UNITED
 STATES  TREASURY  BILL RATE. FOR PURPOSES OF THIS SECTION, THE "ONE-YEAR
 UNITED STATES TREASURY BILL RATE"  MEANS  THE  WEEKLY  AVERAGE  ONE-YEAR
 CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
 OF  THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE
 OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES;  PROVIDED  HOWEVER,  THAT
 THIS  SECTION  SHALL  NOT  APPLY  TO  ANY PROVISION OF THE TAX LAW WHICH
 PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID  ON  A  JUDGMENT  OR
 ACCRUED CLAIM. PROVIDED, HOWEVER, the annual rate of interest to be paid
 in  an action arising out of a consumer debt where a natural person is a
 defendant shall be two per centum per annum (i) on a judgment or accrued
 claim for judgments entered on or after  the  effective  date  of  [the]
 chapter  EIGHT HUNDRED THIRTY-ONE of the laws of two thousand twenty-one
 [which amended this section], and (ii)  for  interest  upon  a  judgment
 pursuant to section five thousand three of this article from the date of
 the  entry  of  judgment  on  any  part of a judgment entered before the
 effective date of [the] chapter EIGHT HUNDRED THIRTY-ONE of the laws  of
 two  thousand  twenty-one [which amended this section] that is unpaid as
 of such effective date.
   § 2. Section 16 of the state finance law, as amended by chapter 681 of
 the laws of 1982, is amended to read as follows:
 S. 8305                            60                            A. 8805
 
   § 16. Rate of interest on judgments and  accrued  claims  against  the
 state.    The rate of interest to be paid by the state upon any judgment
 or accrued claim against the state shall [not exceed nine per centum per
 annum] BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY  BILL  RATE.
 FOR  THE  PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED STATES TREASURY
 BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY  TREASURY
 YIELD,  AS  PUBLISHED  BY  THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE
 SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF  THE  ENTRY  OF  THE
 JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT
 APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE
 OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM.
   §  3.  This  act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART S
 
   Section 1. Section 167-a of the  civil  service  law,  as  amended  by
 section  1  of  part  I of chapter 55 of the laws of 2012, is amended to
 read as follows:
   § 167-a. Reimbursement for medicare premium  charges.  Upon  exclusion
 from  the  coverage  of the health benefit plan of supplementary medical
 insurance benefits for which an active or retired employee or a  depend-
 ent covered by the health benefit plan is or would be eligible under the
 federal  old-age,  survivors and disability insurance program, an amount
 equal to the STANDARD MEDICARE premium  charge  for  such  supplementary
 medical  insurance  benefits for such active or retired employee and his
 or her dependents, if any, shall be paid monthly or at  other  intervals
 to  such  active  or  retired  employee  from the health insurance fund.
 FURTHERMORE, EFFECTIVE JANUARY FIRST,  TWO  THOUSAND  TWENTY-FIVE  THERE
 SHALL BE NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT
 AMOUNT  INCURRED  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR TO
 ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPENDENTS, IF ANY.  Where
 appropriate,  such STANDARD MEDICARE PREMIUM amount may be deducted from
 contributions payable by the employee  or  retired  employee;  or  where
 appropriate  in  the  case  of a retired employee receiving a retirement
 allowance, such STANDARD MEDICARE PREMIUM amount may  be  included  with
 payments of his or her retirement allowance. All state employer, employ-
 ee, retired employee and dependent contributions to the health insurance
 fund,  including  contributions  from public authorities, public benefit
 corporations or other quasi-public organizations of the  state  eligible
 for  participation  in the health benefit plan as authorized by subdivi-
 sion two of section one hundred sixty-three of this  article,  shall  be
 adjusted  as necessary to cover the cost of reimbursing federal old-age,
 survivors and disability insurance program premium  charges  under  this
 section.  This  cost  shall be included in the calculation of premium or
 subscription charges for  health  coverage  provided  to  employees  and
 retired  employees  of  the  state,  public  authorities, public benefit
 corporations or other quasi-public organizations of the state; provided,
 however, the state, public authorities, public benefit  corporations  or
 other  quasi-public organizations of the state shall remain obligated to
 pay no less than its share of such increased cost  consistent  with  its
 share  of  premium or subscription charges provided for by this article.
 All other employer contributions to the health insurance fund  shall  be
 adjusted as necessary to provide for such payments.
 S. 8305                            61                            A. 8805
 
   § 2. This act shall take effect immediately and shall apply on January
 1,  2024 for the income related monthly adjustment amount incurred on or
 after January 1, 2024.
 
                                  PART T
 
   Section  1.  Subdivision 2 of section 163 of the civil service law, as
 amended by section 6 of part S of chapter 57 of the  laws  of  2023,  is
 amended to read as follows:
   2.  The  contract  or  contracts shall provide for health benefits for
 retired employees of the state and of the state colleges of agriculture,
 home economics, industrial labor relations and veterinary medicine,  the
 state  agricultural experiment station at Geneva, and any other institu-
 tion or agency under the management and control of Cornell university as
 the representative of the board of trustees of the state  university  of
 New  York,  and  the  state college of ceramics under the management and
 control of Alfred university as the representative of the board of trus-
 tees of the state university of New York, and their spouses and  depend-
 ent  children  as  defined  by the regulations of the president, on such
 terms as the president may  deem  appropriate,  and  the  president  may
 authorize the inclusion in the plan of the employees and retired employ-
 ees   of   public   authorities,  public  benefit  corporations,  school
 districts, special districts, district  corporations,  municipal  corpo-
 rations  excluding  active  employees  and  retired  employees of cities
 having a population of one million or  more  inhabitants  whose  compen-
 sation  is  or  was  before retirement paid out of the city treasury, or
 other appropriate agencies, subdivisions or  quasi-public  organizations
 of  the  state, including active members of volunteer fire and volunteer
 ambulance companies serving one or more municipal corporations  pursuant
 to  subdivision  seven  of section ninety-two-a of the general municipal
 law, and their spouses and dependent children as defined  by  the  regu-
 lations  of  the president. Notwithstanding any law or regulation to the
 contrary, active members of volunteer ambulance companies serving one or
 more municipal corporations pursuant to  subdivision  seven  of  section
 ninety-two-a  of  the general municipal law shall be eligible for health
 benefits regardless of the amount of funds derived from public  sources.
 Any  such  corporation,  district,  agency  or  organization electing to
 participate in the plan shall be required to pay: (A) its  proportionate
 share  of the expenses of administration of the plan in such amounts and
 at such times as determined and fixed by the president; AND (B)  AT  THE
 PRESIDENT'S  DISCRETION,  IF  SUCH  AMOUNT  IS NOT PAID ON THE DATE DUE,
 INTEREST FOR SUCH LATE PAYMENT, AS DETERMINED AND FIXED BY THE PRESIDENT
 AND WHICH IN NO CASE SHALL BE GREATER THAN THE INTEREST INCURRED BY  THE
 HEALTH INSURANCE PLAN AS A RESULT OF SUCH LATE PAYMENT.  FOR ANY AMOUNTS
 PAST  DUE  AS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, INTEREST SHALL BE
 CALCULATED ON SUCH AMOUNTS COMMENCING THIRTY DAYS  AFTER  THE  EFFECTIVE
 DATE  OF THIS PARAGRAPH. All amounts payable for such expenses of admin-
 istration shall be paid to the commissioner of taxation and finance  and
 shall  be  applied to the reimbursement of funds previously advanced for
 such purposes.  Neither the state nor any other participant in the  plan
 shall  be  charged  with  the  particular experience attributable to the
 employees of the participant, and  all  dividends  or  retroactive  rate
 credits shall be distributed pro-rata based upon the number of employees
 of such participant covered by the plan.
 S. 8305                            62                            A. 8805
 
   § 2. Subdivision 5 of section 163 of the civil service law, as amended
 by  section 4 of part T of chapter 56 of the laws of 2010, is amended to
 read as follows:
   5.  The  chief fiscal officer of any such participating employer shall
 be authorized to deduct from the wages or salary paid to  its  employees
 who are participants in such health benefit plan the sums required to be
 paid  by  them  under  such  plan.  Each  such participating employer is
 authorized to appropriate such sums as are required to be paid by it  as
 its  share in connection with the operation of such plan.  NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW, TO THE EXTENT A  PARTICIPATING  EMPLOYER
 FAILS  TO  PAY  ITS SHARE IN CONNECTION WITH THE OPERATION OF SUCH PLAN,
 THE DIRECTOR OF THE BUDGET, AT THEIR DISCRETION, IS AUTHORIZED TO INTER-
 CEPT ANY  FUNDS  APPROPRIATED AND PAID BY THE  STATE,  AND  DIRECT  SUCH
 AMOUNTS TO THE HEALTH INSURANCE FUND.
   § 3. This act shall take effect immediately.
 
                                  PART U
 
   Section  1.  Section  239-bb of the general municipal law, as added by
 section 1 of part EE of chapter 55 of the laws of 2018, subdivision 8 as
 amended by chapter 717 of the laws of 2022, subdivisions  9  and  11  as
 amended  by chapter 294 of the laws of 2021, and subdivision 12 as added
 by chapter 773 of the laws of 2023, is amended to read as follows:
   § 239-bb. County-wide shared  services  panels.  1.  Definitions.  The
 following  terms  shall  have the following meanings for the purposes of
 this article:
   a. "County" shall mean any county not wholly contained within a city.
   b. "County CEO" shall mean the county  executive,  county  manager  or
 other  chief  executive  of the county, or, where none, the chair of the
 county legislative body.
   c. "Panel" shall mean a county-wide shared services panel  established
 pursuant to subdivision two of this section.
   d.  "Plan"  shall  mean  a  county-wide  shared  services property tax
 savings plan.
   2. County-wide shared services panels. a. There [shall] MAY be a coun-
 ty-wide shared services panel in each county consisting  of  the  county
 CEO,  and  one  representative  from  each city, town and village in the
 county. The chief executive officer of each town, city and village shall
 be the representative to a panel and shall be the mayor, if a city or  a
 village,  or  shall  be  the supervisor, if a town. The county CEO shall
 serve as chair. [All panels established in each county pursuant to  part
 BBB  of  chapter  fifty-nine  of the laws of two thousand seventeen, and
 prior to the enactment of this article, shall continue  in  satisfaction
 of this section in such form as they were established, provided that the
 county  CEO  may alter the membership of the panel consistent with para-
 graph b of this subdivision.]
   b. The county CEO may invite any school district, board of cooperative
 educational  services,  fire  district,  fire  protection  district,  or
 special  improvement  district  in the county to join a panel. Upon such
 invitation, the governing body of such school district, board of cooper-
 ative educational services, fire district, fire protection district,  or
 other  special district may accept such invitation by selecting a repre-
 sentative of such governing body, by majority vote, to serve as a member
 of the panel. [Such school district, board  of  cooperative  educational
 services,  fire  district,  fire  protection  district  or other special
 district shall maintain  such  representation  until  the  panel  either
 S. 8305                            63                            A. 8805

 approves  a  plan  or transmits a statement to the secretary of state on
 the reason the panel did not approve a plan, pursuant to paragraph d  of
 subdivision  seven  of this section. Upon approval of a plan or a trans-
 mission  of  a  statement to the secretary of state that a panel did not
 approve a plan in any calendar year, the county CEO may, but  need  not,
 invite  any  school district, board of cooperative educational services,
 fire district, fire protection district or special improvement  district
 in the county to join a panel thereafter convened.]
   3.  [a.]  Each county CEO [shall, after satisfying the requirements of
 part BBB of chapter fifty-nine of the laws of  two  thousand  seventeen,
 annually]  MAY  convene  the  panel  and [shall] undertake to revise and
 update a previously approved plan or alternatively develop  a  new  plan
 [through  December  thirty-first,  two  thousand twenty-one]. Such plans
 shall contain new, recurring property tax savings resulting from actions
 such as, but not limited to, the elimination  of  duplicative  services;
 shared services arrangements including, joint purchasing, shared highway
 equipment, shared storage facilities, shared plowing services and energy
 and insurance purchasing cooperatives; reducing back office and adminis-
 trative  overhead;  and  better  coordinating services. The secretary of
 state may provide advice and/or recommendations on the form  and  struc-
 ture of such plans.
   [b.  After having convened at least two meetings in a calendar year, a
 panel may, by majority vote, determine that it is not in the best inter-
 est of the taxpayers to revise and update a previously approved plan  or
 to  develop  a new plan in such year. The county CEO of such panel shall
 then comply with the provisions of paragraph (d) of subdivision seven of
 this section.
   4. While revising or updating a previously  approved  plan,  or  while
 developing  a new plan, the county CEO shall regularly consult with, and
 take recommendations from, the representatives: on the  panel;  of  each
 collective  bargaining  unit  of  the  county and the cities, towns, and
 villages; and of each collective bargaining unit  of  any  participating
 school   district,  board  of  cooperative  educational  services,  fire
 district, fire protection district, or special improvement district.
   5. The county CEO, the county  legislative  body  and  a  panel  shall
 accept input from the public, civic, business, labor and community lead-
 ers  on  any proposed plan. The county CEO shall cause to be conducted a
 minimum of three public hearings prior to submission of a plan to a vote
 of a panel. All such public hearings shall be conducted within the coun-
 ty, and public notice of all such hearings shall be  provided  at  least
 one  week  prior  in the manner prescribed in subdivision one of section
 one hundred four of the public officers law. Civic, business, labor, and
 community leaders, as well as members of the public, shall be  permitted
 to provide public testimony at any such hearings.
   6.  a. The county CEO shall submit each plan, accompanied by a certif-
 ication as to the accuracy of the  savings  contained  therein,  to  the
 county  legislative body at least forty-five days prior to a vote by the
 panel.
   b. The county legislative body shall review  and  consider  each  plan
 submitted in accordance with paragraph a of this subdivision. A majority
 of  the  members of such body may issue an advisory report on each plan,
 making recommendations as deemed necessary. The county CEO may modify  a
 plan  based  on  such  recommendations,  which  shall include an updated
 certification as to the accuracy of the savings contained therein.
   7. a. A panel shall duly consider any plan properly submitted  to  the
 panel  by the county CEO and may approve such plan by a majority vote of
 S. 8305                            64                            A. 8805

 the panel. Each member of a panel may, prior  to  the  panel-wide  vote,
 cause  to  be removed from a plan any proposed action affecting the unit
 of government represented by the respective member.  Written  notice  of
 such  removal  shall be provided to the county CEO prior to a panel-wide
 vote on a plan.
   b. Plans approved by a panel shall be transmitted to the secretary  of
 state  no  later  than  thirty days from the date of approval by a panel
 accompanied by a certification as to the accuracy of the savings  accom-
 panied  therein,  and shall be publicly disseminated to residents of the
 county in a concise, clear, and coherent manner using words with  common
 and everyday meaning.
   c.  The county CEO shall conduct a public presentation of any approved
 plan no later than thirty days from the date of  approval  by  a  panel.
 Public  notice  of such presentation shall be provided at least one week
 prior in the manner prescribed in subdivision one of section one hundred
 four of the public officers law.
   d. Beginning in two thousand twenty, by  January  fifteenth  following
 any calendar year during which a panel did not approve a plan and trans-
 mit  such plan to the secretary of state pursuant to paragraph b of this
 subdivision, the county CEO of such panel shall release  to  the  public
 and  transmit  to  the secretary of state a statement explaining why the
 panel did not approve a plan that year, including, for each  vote  on  a
 plan,  the  vote  taken  by each panel member and an explanation by each
 panel member of their vote.
   8. For each county, new shared services actions  in  an  approved  and
 submitted  plan  pursuant  to this section or part BBB of chapter fifty-
 nine of the laws of two thousand seventeen, may be eligible for  funding
 to  match  savings from such action, subject to available appropriation.
 Savings that are actually and demonstrably realized by the participating
 local governments are eligible for matching funding.   For actions  that
 are  part  of  an approved plan transmitted to the secretary of state in
 accordance with paragraph  b  of  subdivision  seven  of  this  section,
 savings achieved during either: (i) January first through December thir-
 ty-first  from new actions implemented on or after January first through
 December thirty-first of the year immediately following an approved  and
 transmitted  plan,  or (ii) July first of the year immediately following
 an approved and transmitted plan through June thirtieth  of  the  subse-
 quent  year  from  new  actions implemented July first of the year imme-
 diately following an approved plan through June thirtieth of the  subse-
 quent  year  may  be  eligible  for matching funding.   Only net savings
 between local governments for each action would be eligible for matching
 funding. Savings from internal efficiencies or any other action taken by
 a local government without the participation of another local government
 are not eligible for matching funding. Each county and all of the  local
 governments  within  the county that are part of any action to be imple-
 mented as part of an approved  plan  must  collectively  apply  for  the
 matching  funding  and agree on the distribution and use of any matching
 funding in order to qualify for matching funding.
   9. The department of state shall prepare a report to the governor, the
 temporary president of the senate and the speaker of the assembly on the
 county-wide shared services plans approved  by  the  county-wide  shared
 services  panels  created  pursuant to part BBB of chapter fifty-nine of
 the laws of two thousand seventeen and this article and shall  post  the
 report  on the department's website. Such report shall be provided on or
 before June thirtieth, two thousand twenty-five and shall  include,  but
 not be limited to, the following:
 S. 8305                            65                            A. 8805

   a.  a  detailed  summary  of  projects  included in county-wide shared
 services plans by category, such as:
   (1) public health and insurance;
   (2) emergency services;
   (3) sewer, water, and waste management systems;
   (4) energy procurement and efficiency;
   (5) parks and recreation;
   (6) education and workforce training;
   (7) law and courts;
   (8) shared equipment, personnel, and services;
   (9) joint purchasing;
   (10) governmental reorganization;
   (11) transportation and highway departments; and
   (12) records management and administrative functions.
   b. for each of the counties the following information:
   (1)  a  detailed  summary  of  each  of  the  savings plans, including
 revisions and updates submitted each year or  the  statement  explaining
 why the county did not approve a plan in any year;
   (2) the anticipated savings for each plan;
   (3) the number of cities, towns and villages in the county;
   (4)  the  number  of cities, towns and villages that participated in a
 panel, as reported in a plan;
   (5) the number of school districts, boards of cooperative  educational
 services,  fire  districts,  fire protection districts, or other special
 districts in the county; and
   (6) the number of school districts, boards of cooperative  educational
 services,  fire  districts,  fire protection districts, or other special
 districts that participated in a panel, as reported in a plan.
   10. The secretary of state may solicit, and the panels may provide  at
 her  or  his  request,  advice  and  recommendations  concerning matters
 related to the operations  of  local  governments  and  shared  services
 initiatives,  including,  but  not  limited  to,  making recommendations
 regarding grant proposals incorporating  elements  of  shared  services,
 government dissolutions, government and service consolidations, or prop-
 erty  taxes and such other grants where the secretary deems the input of
 the panels to be in the best interest of the  public.  The  panel  shall
 advance  such advice or recommendations by a vote of the majority of the
 members present at such meeting.
   11. The authority granted by this article to a county CEO to convene a
 panel for the purpose of revising  or  updating  a  previously  approved
 plan,  or  developing  a  new plan, or to provide the secretary of state
 information pursuant to subdivision ten of this section, shall cease  on
 December thirty-first, two thousand twenty-four.
   12. Notwithstanding any other provision of law to the contrary, monies
 constituting  the  funds  of the village incorporation commission estab-
 lished pursuant to section 2-259 of the village law shall  be  deposited
 with  the  state  comptroller  and  held for the purposes of the village
 incorporation commission established in article two of the village  law;
 provided,  however, that such monies shall be derived from the appropri-
 ation dedicated to the matching funds program  pursuant  to  subdivision
 eight  of  this section and provided further, that such funding for such
 entity shall not be subject to the requirements of subdivision eight  of
 this section related to savings.]
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024.
 S. 8305                            66                            A. 8805
 
                                  PART V
 
 Section  1.  Subdivision  1 of section 2799-gg of the public authorities
 law, as amended by chapter 182 of the laws of 2009, is amended  to  read
 as follows:
   1.  The  authority  shall have the power and is hereby authorized from
 time to time to issue bonds, in conformity with applicable provisions of
 the uniform commercial code, in such principal amounts as it may  deter-
 mine  to  be  necessary pursuant to section twenty-seven hundred ninety-
 nine-ff of this title to pay  the  cost  of  any  project  and  to  fund
 reserves   to  secure  such  bonds,  including  incidental  expenses  in
 connection therewith.
   The aggregate principal amount of such bonds,  notes  or  other  obli-
 gations  outstanding  shall  not  exceed [thirteen billion, five hundred
 million dollars ($13,500,000,000)], BEGINNING JULY FIRST,  TWO  THOUSAND
 TWENTY-FOUR,      NINETEEN   BILLION   FIVE   HUNDRED   MILLION  DOLLARS
 ($19,500,000,000), AND BEGINNING JULY FIRST, TWO  THOUSAND  TWENTY-FIVE,
 TWENTY-FIVE  BILLION  FIVE  HUNDRED  MILLION  DOLLARS ($25,500,000,000),
 excluding bonds, notes or other obligations issued pursuant to  sections
 twenty-seven  hundred  ninety-nine-ss  and  twenty-seven hundred ninety-
 nine-tt of this title; provided, however, that  upon  any  refunding  or
 repayment of bonds (which term shall not, for this purpose, include bond
 anticipation notes), the total aggregate principal amount of outstanding
 bonds, notes or other obligations may be greater than [thirteen billion,
 five  hundred  million dollars ($13,500,000,000)], BEGINNING JULY FIRST,
 TWO THOUSAND TWENTY-FOUR, NINETEEN BILLION FIVE HUNDRED MILLION  DOLLARS
 ($19,500,000,000),  AND  BEGINNING JULY FIRST, TWO THOUSAND TWENTY-FIVE,
 TWENTY-FIVE BILLION FIVE HUNDRED MILLION DOLLARS ($25,500,000,000), only
 if the refunding or repayment bonds, notes  or  other  obligations  were
 issued in accordance with the provisions of subparagraph (a) of subdivi-
 sion  two  of  paragraph b of section 90.10 of the local finance law, as
 amended from time to time. Notwithstanding the foregoing,  bonds,  notes
 or  other  obligations  issued by the authority may be outstanding in an
 amount greater than the amount  permitted  by  the  preceding  sentence,
 provided  that  such  additional  amount  at issuance, together with the
 amount of indebtedness contracted by the city of  New  York,  shall  not
 exceed  the limit prescribed by section 104.00 of the local finance law.
 The authority shall have the power from time to time to refund any bonds
 of the authority by the issuance of new bonds whether the  bonds  to  be
 refunded  have or have not matured, and may issue bonds partly to refund
 bonds of the authority then outstanding and partly to pay  the  cost  of
 any  project  pursuant to section twenty-seven hundred ninety-nine-ff of
 this title. Bonds issued by the authority shall be payable solely out of
 particular revenues or other moneys of the authority as  may  be  desig-
 nated in the proceedings of the authority under which the bonds shall be
 authorized  to be issued, subject to any agreements entered into between
 the authority and the city, and subject to any agreements with the hold-
 ers of outstanding bonds pledging any particular revenues or moneys.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART W
 
   Section  1.  Paragraphs  t, u and v of subdivision 10 of section 54 of
 the state finance law, paragraph v as relettered by section 3 of part  K
 S. 8305                            67                            A. 8805
 
 of  chapter 55 of the laws of 2013, are relettered paragraphs u, v and w
 and a new paragraph t is added to read as follows:
   T.  LOCAL  GOVERNMENT  EFFICIENCY GRANT PROGRAM BEGINNING IN THE STATE
 FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND  TWENTY-FOUR.  (I)  (1)
 FOR  THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN A COUNTY,
 CITY, TOWN, VILLAGE, SPECIAL IMPROVEMENT DISTRICT, FIRE DISTRICT, PUBLIC
 LIBRARY, ASSOCIATION LIBRARY, OR PUBLIC LIBRARY  SYSTEM  AS  DEFINED  BY
 SECTION TWO HUNDRED SEVENTY-TWO OF THE EDUCATION LAW; PROVIDED, HOWEVER,
 THAT  FOR THE PURPOSES OF THIS DEFINITION, A PUBLIC LIBRARY SYSTEM SHALL
 BE CONSIDERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH PUBLIC LIBRARY
 SYSTEM ADVANCES A JOINT APPLICATION ON BEHALF OF ITS  MEMBER  LIBRARIES,
 WATER  AUTHORITY,  SEWER  AUTHORITY,  REGIONAL  PLANNING AND DEVELOPMENT
 BOARD, SCHOOL DISTRICT, OR BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES;
 PROVIDED,  HOWEVER, THAT FOR THE PURPOSES OF THIS DEFINITION, A BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSIDERED A MUNICIPALITY ONLY
 IN INSTANCES  WHERE  SUCH  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
 ADVANCES  A  JOINT  APPLICATION  ON BEHALF OF SCHOOL DISTRICTS AND OTHER
 MUNICIPALITIES WITHIN THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
 REGION;  PROVIDED,  HOWEVER, THAT ANY AGREEMENTS WITH A BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES: SHALL NOT  GENERATE  ADDITIONAL  STATE  AID;
 SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPITAL AND ADMINISTRA-
 TIVE  BUDGETS  OF  THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE
 PURPOSES OF COMPUTING CHARGES UPON COMPONENT SCHOOL  DISTRICTS  PURSUANT
 TO  SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARAGRAPH B OF SUBDIVISION
 FOUR OF SECTION NINETEEN HUNDRED FIFTY, AND SUBDIVISION ONE  OF  SECTION
 NINETEEN  HUNDRED FIFTY-ONE OF THE EDUCATION LAW; AND SHALL BE DEEMED TO
 BE A COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES OF SUBPARAGRAPH  TWO  OF
 PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THE
 EDUCATION LAW.
   (2)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, "FUNCTIONAL CONSOLIDATION"
 SHALL MEAN ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE  OR  FUNCTION
 FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
 TION.
   (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
 STATE  MAY  AWARD  COMPETITIVE  GRANTS  TO MUNICIPALITIES TO COVER COSTS
 ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
 LIMITED TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL  CONSOLIDATION
 OR  DISSOLUTION,  A  FUNCTIONAL  CONSOLIDATION, A CITY OR COUNTY CHARTER
 REVISION THAT INCLUDES FUNCTIONAL CONSOLIDATION, SHARED  OR  COOPERATIVE
 SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
 SUCH  LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW OPPORTU-
 NITIES FOR FINANCIAL SAVINGS  AND  OPERATIONAL  EFFICIENCIES;  PROVIDED,
 FURTHER,  THAT  ELIGIBLE  LOCAL GOVERNMENT EFFICIENCY PROJECTS SHALL NOT
 INCLUDE STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION  ELIGI-
 BLE  TO  RECEIVE A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
 GRANT PURSUANT TO PARAGRAPH Q OF  THIS  SUBDIVISION.  THE  SECRETARY  OF
 STATE  MAY  FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL AREAS, WITHIN
 DISTRESSED COMMUNITIES AND AREAS OF HISTORICALLY HIGH  LOCAL  GOVERNMENT
 COSTS  AND  PROPERTY  TAXES, OR IN AREAS OF UNIQUE OPPORTUNITY, IN WHICH
 CASE SUCH AREAS OF FOCUS SHALL BE DETAILED IN  A  REQUEST  FOR  APPLICA-
 TIONS.
   (III)  ANY  APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL
 SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
 ING FROM PROJECT IMPLEMENTATION.
   (IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE  USED  TO  COVER  COSTS
 INCLUDING,  BUT  NOT  LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL
 S. 8305                            68                            A. 8805
 
 IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY  EXPENSES
 RELATED  TO  IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT
 WORK PLAN. GRANTS MAY BE USED  FOR  CAPITAL  IMPROVEMENTS,  TRANSITIONAL
 PERSONNEL  COSTS  OR  JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES
 ARE INTEGRAL  TO  IMPLEMENTATION  OF  THE  LOCAL  GOVERNMENT  EFFICIENCY
 PROJECT.  NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR-
 RING  EXPENSES  SUCH  AS  SALARIES,  EXCEPT THAT THE SALARIES OF CERTAIN
 TRANSITIONAL PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE  APPROVED
 LOCAL  GOVERNMENT  EFFICIENCY  GRANT  WORK  PLAN SHALL BE ELIGIBLE FOR A
 PERIOD NOT TO EXCEED THREE  YEARS.  THE  AMOUNTS  AWARDED  TO  A  SCHOOL
 DISTRICT  PURSUANT  TO  THIS  SUBPARAGRAPH  SHALL NOT BE INCLUDED IN THE
 APPROVED OPERATING EXPENSE OF THE SCHOOL DISTRICT AS  DEFINED  IN  PARA-
 GRAPH  T  OF  SUBDIVISION  ONE  OF SECTION THIRTY-SIX HUNDRED TWO OF THE
 EDUCATION LAW.
   (V) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A  LOCAL  GOVERNMENT  EFFI-
 CIENCY  PROJECT  SHALL NOT EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS PER
 MUNICIPALITY; PROVIDED, HOWEVER, THAT IN NO CASE SHALL  SUCH  A  PROJECT
 RECEIVE  A  CUMULATIVE  GRANT AWARD IN EXCESS OF ONE MILLION TWO HUNDRED
 FIFTY THOUSAND DOLLARS. THE MAXIMUM GRANT AWARD FOR A  LOCAL  GOVERNMENT
 EFFICIENCY PLANNING PROJECT, OR THE PLANNING COMPONENT OF A PROJECT THAT
 INCLUDES  BOTH  PLANNING  AND IMPLEMENTATION OF A LOCAL GOVERNMENT EFFI-
 CIENCY PROJECT, SHALL NOT EXCEED TWENTY  THOUSAND  DOLLARS  PER  MUNICI-
 PALITY;  PROVIDED,  HOWEVER,  THAT  IN  NO  EVENT  SHALL SUCH A PLANNING
 PROJECT RECEIVE A GRANT AWARD IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
   (VI) LOCAL MATCHING FUNDS EQUAL TO AT LEAST FIFTY PERCENT OF THE TOTAL
 COST OF ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE  DEPARTMENT
 OF STATE SHALL BE REQUIRED FOR PLANNING GRANTS, AND LOCAL MATCHING FUNDS
 EQUAL  TO AT LEAST TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE
 GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE  SHALL  BE  REQUIRED
 FOR  IMPLEMENTATION  GRANTS. IN THE EVENT AN APPLICANT IS IMPLEMENTING A
 PROJECT THAT THE APPLICANT DEVELOPED THROUGH  A  SUCCESSFULLY  COMPLETED
 PLANNING  GRANT  FUNDED  UNDER  THE  LOCAL  GOVERNMENT  EFFICIENCY GRANT
 PROGRAM OR THE SHARED MUNICIPAL SERVICES INCENTIVE  GRANT  PROGRAM,  THE
 LOCAL  MATCHING  FUNDS  REQUIRED  SHALL BE REDUCED BY THE LOCAL MATCHING
 FUNDS REQUIRED BY SUCH SUCCESSFULLY COMPLETED PLANNING GRANT UP  TO  THE
 AMOUNT OF LOCAL MATCHING FUNDS REQUIRED FOR THE IMPLEMENTATION GRANT.
   (VII)  IN  THE SELECTION OF GRANT AWARDS, THE SECRETARY OF STATE SHALL
 GIVE THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN  THE
 DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
 THE  COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3) BY
 LOCAL GOVERNMENTS WITH HISTORICALLY HIGH COSTS OF  LOCAL  GOVERNMENT  OR
 SUSTAINED  INCREASES  IN  PROPERTY TAXES. PRIORITY WILL ALSO BE GIVEN TO
 MUNICIPALITIES THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT  PURSUANT
 TO  THIS  PROGRAM  OR  THE  SHARED  MUNICIPAL  SERVICES  INCENTIVE GRANT
 PROGRAM, AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL  DEVEL-
 OPMENT  PROJECTS  THAT  HAVE  RECEIVED FUNDS THROUGH STATE COMMUNITY AND
 INFRASTRUCTURE DEVELOPMENT PROGRAMS.
   (VIII) WITHIN ONE WEEK OF THE RECEIPT OF AN APPLICATION,  THE  DEPART-
 MENT  OF  STATE SHALL REVIEW THE APPLICATION TO ENSURE THE APPLICANT HAS
 FILED THE CORRECT APPLICATION, AND TO DETERMINE IF ANY REQUIRED SECTIONS
 OF THE APPLICATION CONTAIN NO INFORMATION. WITHIN ONE  BUSINESS  DAY  OF
 DETERMINING  AN  APPLICANT HAS FILED AN INCORRECT APPLICATION, OR DETER-
 MINING AN APPLICATION CONTAINS NO INFORMATION IN A SECTION  REQUIRED  TO
 CONTAIN  INFORMATION,  THE  DEPARTMENT  SHALL  SO  NOTIFY THE APPLICANT.
 APPLICANTS SHALL BE PERMITTED TO AMEND AN APPLICATION FOUND TO BE  MISS-
 ING INFORMATION, AND SUCH APPLICATION SHALL BE RECONSIDERED FOR APPROVAL
 S. 8305                            69                            A. 8805
 
 IF  IT  IS  AMENDED  BY  THE  APPLICATION  DEADLINE. IF AN APPLICANT HAS
 SUBMITTED AN INCORRECT APPLICATION, THE APPLICANT MAY SUBMIT THE CORRECT
 APPLICATION TO THE APPROPRIATE PROGRAM BY THE DEADLINE FOR SUCH  PROGRAM
 FOR  CONSIDERATION.  UNDER  NO  CIRCUMSTANCES SHALL THIS SUBPARAGRAPH BE
 DEEMED TO REQUIRE THE EXTENSION OF ANY APPLICATION DEADLINE  ESTABLISHED
 BY  THE  DEPARTMENT,  NOR  SHALL IT OBLIGATE THE DEPARTMENT TO CONDUCT A
 SUBSTANTIVE REVIEW OF THE CONTENTS OF ANY  APPLICATION  OUTSIDE  OF  THE
 PROCEDURES ESTABLISHED BY THE DEPARTMENT FOR THE PURPOSES OF MAINTAINING
 THE COMPETITIVE INTEGRITY OF THE GRANT PROGRAM.
   (IX)  WRITTEN  NOTICE  SHALL BE PROVIDED TO AN APPLICANT OF A DECISION
 REGARDING THE GRANT OR DENIAL OF AN AWARD UNDER THIS  PARAGRAPH,  WITHIN
 THIRTY DAYS AFTER SUCH DECISION.
   (X)  THE  DEPARTMENT  OF  STATE  SHALL PREPARE AN ANNUAL REPORT TO THE
 GOVERNOR AND THE LEGISLATURE ON THE EFFECTIVENESS OF THE  LOCAL  GOVERN-
 MENT  EFFICIENCY  GRANT PROGRAM AND THE LOCAL GOVERNMENT CITIZENS RE-OR-
 GANIZATION EMPOWERMENT GRANT PROGRAM. SUCH REPORT SHALL BE  PROVIDED  ON
 OR  BEFORE  OCTOBER  FIRST  OF  EACH  YEAR AND SHALL INCLUDE, BUT NOT BE
 LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
 GRANT CATEGORY, AN ASSESSMENT OF PROGRESS  IN  IMPLEMENTING  INITIATIVES
 THAT  RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND SIGNIF-
 ICANT IMPROVEMENTS IN  SERVICE  REALIZED  BY  MUNICIPALITIES  THAT  HAVE
 RECEIVED GRANTS.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART X
 
   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. 8305                            70                            A. 8805
 
   24. New York state thruway authority account (21905).
   25. Financial control board account (21911).
   26. Regulation of racing account (21912).
   27. State university dormitory income reimbursable account (21937).
   28. Criminal justice improvement account (21945).
   29. Environmental laboratory reference fee account (21959).
   30. Training, management and evaluation account (21961).
   31. Clinical laboratory reference system assessment account (21962).
   32. Indirect cost recovery account (21978).
   33. Multi-agency training account (21989).
   34. Bell jar collection account (22003).
   35. Industry and utility service account (22004).
   36. Real property disposition account (22006).
   37. Parking account (22007).
   38. Courts special grants (22008).
   39. Asbestos safety training program account (22009).
   40. Batavia school for the blind account (22032).
   41. Investment services account (22034).
   42. Surplus property account (22036).
   43. Financial oversight account (22039).
   44. Regulation of Indian gaming account (22046).
   45. Rome school for the deaf account (22053).
   46. Seized assets account (22054).
   47. Administrative adjudication account (22055).
   48. New York City assessment account (22062).
   49. Cultural education account (22063).
   50. Local services account (22078).
   51. DHCR mortgage servicing account (22085).
   52. Housing indirect cost recovery account (22090).
   53. Voting Machine Examinations account (22099).
   54. DHCR-HCA application fee account (22100).
   55. Low income housing monitoring account (22130).
   56. Restitution account (22134).
   57. Corporation administration account (22135).
   58.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
 account (22144).
   59. Deferred compensation administration account (22151).
   60. Rent revenue other New York City account (22156).
   61. Rent revenue account (22158).
   62. Transportation aviation account (22165).
   63. Tax revenue arrearage account (22168).
   64. New York State Campaign Finance Fund account (22211).
   65. New York state medical indemnity fund account (22240).
   66. Behavioral health parity compliance fund (22246).
   67. Pharmacy benefit manager regulatory fund (22255).
   68. State university general income offset account (22654).
   69. Lake George park trust fund account (22751).
   70. Highway safety program account (23001).
   71. DOH drinking water program account (23102).
   72. NYCCC operating offset account (23151).
   73. Commercial gaming revenue account (23701).
   74. Commercial gaming regulation account (23702).
   75. Highway use tax administration account (23801).
   76. New York state secure choice administrative account (23806).
   77. New York state cannabis revenue fund (24800).
   78. Fantasy sports administration account (24951).
 S. 8305                            71                            A. 8805
 
   79. Mobile sports wagering fund (24955).
   80. Highway and bridge capital account (30051).
   81. State university residence hall rehabilitation fund (30100).
   82. State parks infrastructure account (30351).
   83. Clean water/clean air implementation fund (30500).
   84. Hazardous waste remedial cleanup account (31506).
   85. Youth facilities improvement account (31701).
   86. Housing assistance fund (31800).
   87. Housing program fund (31850).
   88. Highway facility purpose account (31951).
   89. New York racing account (32213).
   90. Capital miscellaneous gifts account (32214).
   91. Information technology capital financing account (32215).
   92.  New  York  environmental protection and spill remediation account
 (32219).
   93. Mental hygiene facilities capital improvement fund (32300).
   94. Correctional facilities capital improvement fund (32350).
   95. New York State Storm Recovery Capital Fund (33000).
   96. OGS convention center account (50318).
   97. Empire Plaza Gift Shop (50327).
   98. Unemployment Insurance Benefit Fund, Interest  Assessment  Account
 (50651).
   99. Centralized services fund (55000).
   100. Archives records management account (55052).
   101. Federal single audit account (55053).
   102. Civil service administration account (55055).
   103. Civil service EHS occupational health program account (55056).
   104. Banking services account (55057).
   105. Cultural resources survey account (55058).
   106. Neighborhood work project account (55059).
   107. Automation & printing chargeback account (55060).
   108. OFT NYT account (55061).
   109. Data center account (55062).
   110. Intrusion detection account (55066).
   111. Domestic violence grant account (55067).
   112. Centralized technology services account (55069).
   113. Labor contact center account (55071).
   114. Human services contact center account (55072).
   115. Tax contact center account (55073).
   116. Department of law civil recoveries account (55074).
   117. Executive direction internal audit account (55251).
   118. CIO Information technology centralized services account (55252).
   119. Health insurance internal service account (55300).
   120.  Civil  service employee benefits division administrative account
 (55301).
   121. Correctional industries revolving fund (55350).
   122. Employees health insurance account (60201).
   123. Medicaid management information system escrow fund (60900).
   124. Virtual currency assessments account.
   125. Animal shelter regulation account.
   126.  Department  of  financial  services  IT  modernization   capital
 account.
   §  2.  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
 S. 8305                            72                            A. 8805
 
 sufficient  federal grant award authority is available to reimburse such
 loans:
   1. Federal USDA-food and nutrition services fund (25000).
   2. Federal health and human services fund (25100).
   3. Federal education fund (25200).
   4. Federal block grant fund (25250).
   5. Federal miscellaneous operating grants fund (25300).
   6. Federal unemployment insurance administration fund (25900).
   7. Federal unemployment insurance occupational training fund (25950).
   8. Federal emergency employment act fund (26000).
   9. Federal capital projects fund (31350).
   §  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, upon request of the director of the budget, on
 or before March 31, 2025, up to the unencumbered balance or the  follow-
 ing amounts:
   Economic Development and Public Authorities:
   1. $2,175,000 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.  $19,810,000  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).
   5.  $100,000,000  from  the  miscellaneous  special revenue fund, iola
 private contribution account (20301), to the general fund.
   Education:
   1. $2,792,000,000 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. $1,096,000,000 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. $121,600,000 from the general fund to the New York state commercial
 gaming fund, commercial gaming revenue account (23701), as reimbursement
 for  disbursements made from such fund for supplemental aid to education
 pursuant to section 97-nnnn of the state finance law that are in  excess
 of  the  amounts deposited in such fund for purposes pursuant to section
 1352 of the racing, pari-mutuel wagering and breeding law.
   4. $995,000,000 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.  $25,000,000  from  the  interactive  fantasy  sports fund, fantasy
 sports education account (24950), to the state lottery  fund,  education
 account  (20901), as reimbursement for disbursements made from such fund
 for supplemental aid to education pursuant to section 92-c of the  state
 finance law.
 S. 8305                            73                            A. 8805
 
   6.  An  amount up to the unencumbered balance in the fund on March 31,
 2025 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.
   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. $79,100,000 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, 2024 through March 31,
 2025.
   13. $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).
   14. $4,200,000 from any of the state  education  department's  special
 revenue or internal service funds to the capital projects fund (30000).
   15.  $30,013,000  from  the  general fund to the miscellaneous special
 revenue fund, HESC-insurance premium payments account (21960).
   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.
 S. 8305                            74                            A. 8805
 
   8.  $1,800,000  from  the  miscellaneous  special revenue fund, public
 service account (22011) to the miscellaneous special revenue fund, util-
 ity environmental regulatory account (21064).
   9. $7,000,000 from the general fund to the enterprise fund, state fair
 account (50051).
   10. $10,000,000 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. $10,000,000 from the general fund  to  the  miscellaneous  special
 revenue fund, patron services account (22163).
   13.  $15,000,000 from the enterprise fund, golf account (50332) to the
 state  park  infrastructure  fund,  state  park  infrastructure  account
 (30351).
   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. $205,000,000 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. $5,000,000 from the general  fund  to  the  housing  program  fund
 (31850).
   12. $10,000,000 from any of the office of children and family services
 special  revenue federal funds to the office of the court administration
 special revenue other federal iv-e funds account.
   General Government:
 S. 8305                            75                            A. 8805
 
   1. $9,000,000 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.
   6.  $19,000,000  from  the miscellaneous special revenue fund, revenue
 arrearage account (22024), to the general fund.
   7. $3,326,000 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.  $33,000,000  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 New York State cannabis revenue fund  (24800)
 to the general fund.
   16.  A  transfer  from  the  general fund to the miscellaneous special
 revenue fund, New York State Campaign Finance Fund Account  (22211),  up
 to an amount equal to total reimbursements due to qualified candidates.
   17.  $6,000,000 from the miscellaneous special revenue fund, standards
 and purchasing account (22019), to the general fund.
   18. $5,600,000  from  the  banking  department  special  revenue  fund
 (21970) funded by the assessment to defray operating expenses authorized
 by  section  206  of  the financial services law to the IT Modernization
 Capital Fund.
   19. $8,400,000 from the  insurance  department  special  revenue  fund
 (21994) funded by the assessment to defray operating expenses authorized
 by  section  206  of  the financial services law to the IT Modernization
 Capital Fund.
   20. $500,000 from the pharmacy benefits bureau  special  revenue  fund
 (22255) funded by the assessment to defray operating expenses authorized
 by  section  206  of the financial services law, to the IT Modernization
 Capital Fund.
   21. $500,000 from the virtual currency special  revenue  fund  (22262)
 funded  by  the  assessment  to  defray operating expenses authorized by
 section 206 of the financial services law, to the IT Modernization Capi-
 tal Fund.
   Health:
 S. 8305                            76                            A. 8805
 
   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. $3,600,000 from the miscellaneous special revenue fund, certificate
 of  need  account  (21920),  to the miscellaneous capital projects fund,
 healthcare IT capital subfund (32216).
   5. $4,000,000 from  the  miscellaneous  special  revenue  fund,  vital
 health  records  account  (22103), to the miscellaneous capital projects
 fund, healthcare IT capital subfund (32216).
   6. $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).
   7. $131,000,000 from the HCRA resources fund (20800)  to  the  capital
 projects fund (30000).
   8.  $6,550,000  from  the  general  fund to the medical cannabis trust
 fund, health operation and oversight account (23755).
   9. 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.
   10.  $500,000  from  the  miscellaneous special revenue fund, New York
 State cannabis revenue fund (24800), to the miscellaneous special reven-
 ue fund, environmental laboratory fee account (21959).
   11. An amount up to the unencumbered balance from  the  public  health
 emergency  charitable gifts trust fund (23816), 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.
   12.  $1,000,000,000 from the general fund to the health care transfor-
 mation fund (24850).
   13. $2,590,000 from the miscellaneous special  revenue  fund,  patient
 safety center account (22140), to the general fund.
   14.  $1,000,000  from  the miscellaneous special revenue fund, nursing
 home receivership account (21925), to the general fund.
   15. $130,000 from the miscellaneous special revenue fund,  quality  of
 care account (21915), to the general fund.
   16. $2,200,000 from the miscellaneous special revenue fund, adult home
 quality enhancement account (22091), to the general fund.
   17.  $22,113,000  from  the general fund, to the miscellaneous special
 revenue fund, helen hayes hospital account (22140).
   18. $4,850,000 from the general fund,  to  the  miscellaneous  special
 revenue fund, New York city veterans' home account (22141).
   19.  $3,675,000  from  the  general fund, to the miscellaneous special
 revenue fund, New York state home for veterans' and their dependents  at
 oxford account (22142).
 S. 8305                            77                            A. 8805
 
   20.  $2,055,000  from  the  general fund, to the miscellaneous special
 revenue fund, western New York veterans' home account (22143).
   21.  $6,451,000  from  the  general fund, to the miscellaneous special
 revenue fund, New York state for veterans  in  the  lower-hudson  valley
 account (22144).
   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
 (32200).
   4.  $20,000,000  from  the miscellaneous capital projects fund, opioid
 settlement  capital  account  (32200)  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.  $23,773,000  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.  $138,272,000  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
 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).
 S. 8305                            78                            A. 8805
 
   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. $38,938,000 from the general fund  to  the  miscellaneous  special
 revenue fund, criminal justice improvement account (21945).
   14.  $6,000,000  from  the  general  fund to the miscellaneous special
 revenue fund, hazard mitigation revolving loan account.
   15. $234,000,000 from the indigent legal services fund, indigent legal
 services account (23551) to the general fund.
   Transportation:
   1. $20,000,000 from the general fund to the mass transportation  oper-
 ating  assistance  fund, public transportation systems operating assist-
 ance account (21401), of which $12,000,000 constitutes the base need for
 operations.
   2. $727,500,000 from the general fund to  the  dedicated  highway  and
 bridge trust fund (30050).
   3.  $244,250,000 from the general fund to the MTA financial assistance
 fund, mobility tax trust account (23651).
   4. $5,000,000 from the miscellaneous special revenue fund, transporta-
 tion regulation account (22067) to  the  dedicated  highway  and  bridge
 trust  fund  (30050),  for  disbursements  made from such fund for motor
 carrier safety that are in excess of the amounts deposited in the  dedi-
 cated highway and bridge trust fund (30050) for such purpose pursuant to
 section 94 of the transportation law.
   5. $477,000 from the miscellaneous special revenue fund, traffic adju-
 dication 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. $500,000,000 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. $3,650,000,000 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.
   7. $1,000,000,000 from the general fund to the hazardous  waste  over-
 sight and assistance account (31505), State parks infrastructure account
 (30351),  environmental  protection  fund  transfer account (30451), the
 correctional  facilities  capital  improvement  fund  (32350),   housing
 program  fund (31850), or the Mental hygiene facilities capital improve-
 ment fund (32300), up to an amount equal to certain outstanding accounts
 receivable balances.
 S. 8305                            79                            A. 8805
 
   § 4. 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, 2025:
   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 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).
   4.  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.
   5. 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).
   6. 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).
   § 5. On or before March 31, 2025, 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.
   § 6. Notwithstanding any law to the contrary, and in  accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget and
 upon  consultation  with  the  state university chancellor or his or her
 designee, on or before March 31, 2025, 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, 2025, 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.
 S. 8305                            80                            A. 8805
 
   § 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, 2025.
   §  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 $1,318,326,500 from the general fund to the state  university  income
 fund, state university general revenue offset account (22655) during the
 period  of  July  1, 2024 through June 30, 2025 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  $103,000,000  from  the  general fund to the state university income
 fund, state university general revenue offset account (22655) during the
 period of April 1, 2024 through June 30, 2024 to support  operations  at
 the state university.
   §  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 $49,600,000 from the general fund  to  the  state  university  income
 fund, state university general revenue offset account (22655) during the
 period  of  July  1,  2024  to  June 30, 2025 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.
   §  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 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, 2024 to June 30, 2025 to fully fund the tuition credit
 pursuant  to  subdivision two of section six hundred sixty-nine-h of the
 education law.
   § 13. 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, 2025.
   § 14. Notwithstanding any law to the contrary, and in accordance  with
 section  4 of the state finance law, the comptroller, after consultation
 with the state university chancellor or his or her designee,  is  hereby
 authorized  and directed to transfer moneys, in the first instance, from
 the state university collection fund, Stony  Brook  hospital  collection
 account (61006), Brooklyn hospital collection account (61007), and Syra-
 cuse  hospital collection account (61008) to the state university income
 fund, state university hospitals income reimbursable account (22656)  in
 the  event  insufficient  funds  are  available  in the state university
 income fund, state  university  hospitals  income  reimbursable  account
 (22656)  to  permit the full transfer of moneys authorized for transfer,
 to the general fund for payment of debt  service  related  to  the  SUNY
 S. 8305                            81                            A. 8805
 
 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, 2025.
   § 15. 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.
   § 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 $1 billion from the unencumbered balance of  any  special  revenue
 fund  or  account,  agency  fund  or  account,  internal service fund or
 account, enterprise fund or account, or any combination  of  such  funds
 and  accounts,  to the general fund. The amounts transferred pursuant to
 this authorization shall be in addition to any other transfers expressly
 authorized in the 2024-25 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.
   § 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 $100 million from any non-general fund or account, or  combination
 of  funds and accounts, to the miscellaneous special revenue fund, tech-
 nology financing account (22207),  the  miscellaneous  capital  projects
 fund, the federal capital projects account (31350), information technol-
 ogy  capital  financing  account  (32215), or the centralized technology
 services account (55069), for the purpose  of  consolidating  technology
 procurement  and  services. The amounts transferred to the miscellaneous
 special revenue fund, technology financing account (22207)  pursuant  to
 this  authorization  shall  be  equal to or less than the amount of such
 monies intended  to  support  information  technology  costs  which  are
 attributable,  according to a plan, to such account made in pursuance to
 an appropriation by law. Transfers to the technology  financing  account
 shall  be  completed  from  amounts  collected  by  non-general funds or
 accounts pursuant to a fund deposit schedule or permanent  statute,  and
 shall  be  transferred to the technology financing account pursuant to a
 schedule agreed upon by the affected agency commissioner. Transfers from
 funds that would result in the loss of eligibility for federal  benefits
 or federal funds pursuant to federal law, rule, or regulation as assent-
 ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
 1951 are not permitted pursuant to this authorization.
 S. 8305                            82                            A. 8805
 
   § 18. 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.
   § 19. 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, 2024, the proceeds of which will be utilized to
 support energy-related state activities.
   §  20. 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 to transfer to the state treasury to the cred-
 it of the general fund up to  $25,000,000  for  the  state  fiscal  year
 commencing  April  1,  2024,  the  proceeds of which will be utilized to
 support programs established or implemented by or within the  department
 of labor, including but not limited to the office of just energy transi-
 tion  and  programs  for  workforce  training and retraining, to prepare
 workers for employment for work in the renewable energy field.
   § 21. 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, 2025.
   §  22. 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, 2025 from
 proceeds  collected  by the authority from the auction or sale of carbon
 dioxide emission allowances allocated by the department of environmental
 conservation.
   § 23. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
 amended  by  section 21 of part PP of chapter 56 of the laws of 2023, 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-three]  TWENTY-FOUR,  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
 [$1,716,913,000] $1,575,393,000 as may be certified in such schedule  as
 S. 8305                            83                            A. 8805
 
 necessary  to  meet the purposes of such fund for the fiscal year begin-
 ning April first, two thousand [twenty-three] TWENTY-FOUR.
   §  24.  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, 2025, 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. $1,537,000 from the miscellaneous special revenue fund, helen hayes
 hospital account (22140).
   3. $474,000 from the miscellaneous special revenue fund, New York city
 veterans' home account (22141).
   4.  $593,000  from  the  miscellaneous  special revenue fund, New York
 state home for veterans' and their dependents at oxford account (22142).
   5. $177,000 from the miscellaneous special revenue fund,  western  New
 York veterans' home account (22143).
   6.  $336,000  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.  $9,173,000  from  the  miscellaneous  special  revenue fund, state
 university general income reimbursable account (22653).
   9. $150,218,000 from the miscellaneous  special  revenue  fund,  state
 university revenue offset account (22655).
   10. $50,197,000 from the state university dormitory income fund, state
 university dormitory income fund (40350).
   11. $1,000,000 from the miscellaneous special revenue fund, litigation
 settlement and civil recovery account (22117).
   §  25. Subdivision 6 of section 4 of the state finance law, as amended
 by section 24 of part FFF of chapter 56 of the laws of 2022, is  amended
 to read as follows:
   6.  Notwithstanding  any  law to the contrary, at the beginning of the
 state fiscal year,  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the  credit of a fund and/or an
 account such monies as are identified by the director of the  budget  as
 having been intended for such deposit to support disbursements from such
 fund  and/or  account  made  in pursuance of an appropriation by law. As
 soon as practicable upon enactment of the budget, the  director  of  the
 budget  shall,  but  not  less  than  three  days  following preliminary
 submission to the chairs of the senate finance committee and the  assem-
 bly  ways  and means committee, file with the state comptroller an iden-
 tification of specific monies to be so deposited. Any subsequent  change
 regarding  the  monies to be so deposited shall be filed by the director
 of the budget, as soon as practicable, but  not  less  than  three  days
 following  preliminary  submission  to  the chairs of the senate finance
 committee and the assembly ways and means committee.
   All monies identified by the director of the budget to be deposited to
 the credit of a fund and/or account shall be consistent with the  intent
 of  the  budget for the then current state fiscal year as enacted by the
 legislature.
   The provisions of this subdivision shall expire on March thirty-first,
 [two thousand twenty-four] TWO THOUSAND TWENTY-EIGHT.
 S. 8305                            84                            A. 8805
 
   § 26. Subdivision 4 of section 40 of the state finance law, as amended
 by section 25 of part FFF of chapter 56 of the laws of 2022, 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-four] TWO THOUSAND TWENTY-EIGHT.
   §  27.  Notwithstanding  any  other  law,  rule,  or regulation to the
 contrary, the state comptroller is hereby authorized and directed to use
 any balance remaining in the mental health services  fund  debt  service
 appropriation, after payment by the state comptroller of all obligations
 required pursuant to any lease, sublease, or other financing arrangement
 between the dormitory authority of the state of New York as successor to
 the  New  York  state  medical  care  facilities finance agency, and the
 facilities development corporation pursuant to chapter 83 of the laws of
 1995 and the department of mental hygiene  for  the  purpose  of  making
 payments  to  the  dormitory  authority of the state of New York for the
 amount of the earnings for the investment of  monies  deposited  in  the
 mental health services fund that such agency determines will or may have
 to  be  rebated  to the federal government pursuant to the provisions of
 the internal revenue code of 1986, as amended, in order to  enable  such
 agency  to  maintain  the  exemption from federal income taxation on the
 interest paid to the holders of such agency's mental services facilities
 improvement revenue bonds. Annually on or before each  June  30th,  such
 agency  shall  certify to the state comptroller its determination of the
 amounts received in the mental health services fund as a result  of  the
 investment  of  monies  deposited  therein  that  will or may have to be
 rebated to the federal government pursuant  to  the  provisions  of  the
 internal revenue code of 1986, as amended.
   § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
 of  1997,  relating  to  the  financing  of  the correctional facilities
 improvement fund and the youth facility improvement fund, as amended  by
 section  27  of part PP of chapter 56 of the laws of 2023, 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  eight  hundred
 sixty-five   million   eight   hundred   fifty-nine   thousand   dollars
 $9,865,859,000]  TEN  BILLION  TWO  HUNDRED  NINETY-NINE  MILLION  THREE
 HUNDRED  FIFTY-NINE  THOUSAND DOLLARS $10,299,359,000, 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 depos-
 it 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 reappropriations made to the department of corrections
 and community  supervision  from  the  correctional  facilities  capital
 improvement  fund  for  capital projects. The aggregate amount of bonds,
 S. 8305                            85                            A. 8805
 
 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  obli-
 gations  may  be  greater  than  [nine  billion eight hundred sixty-five
 million eight hundred fifty-nine thousand  dollars  $9,865,859,000]  TEN
 BILLION  TWO  HUNDRED NINETY-NINE MILLION THREE HUNDRED FIFTY-NINE THOU-
 SAND DOLLARS $10,299,359,000, only if the present value of the aggregate
 debt service of the refunding or repayment bonds, notes or  other  obli-
 gations 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 obli-
 gations and of the aggregate debt service of the bonds, notes  or  other
 obligations  so refunded or repaid, shall be calculated by utilizing the
 effective interest rate of the refunding or repayment  bonds,  notes  or
 other  obligations,  which shall be that rate arrived at by doubling the
 semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
 discount  the debt service payments on the refunding or repayment bonds,
 notes or other obligations from the payment dates thereof to the date of
 issue of the refunding or repayment bonds, notes  or  other  obligations
 and  to  the  price bid including estimated accrued interest or proceeds
 received by the corporation including estimated  accrued  interest  from
 the sale thereof.
   §  29.  Paragraph  (a) of subdivision 2 of section 47-e of the private
 housing finance law, as amended by section 42 of part PP of  chapter  56
 of the laws of 2023, 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 [thirteen billion  six  hundred
 thirty-five   million   four   hundred   twenty-five   thousand  dollars
 $13,635,425,000] THIRTEEN BILLION NINE HUNDRED TWENTY-NINE MILLION THREE
 HUNDRED EIGHTY-NINE THOUSAND DOLLARS $13,929,389,000, plus  a  principal
 amount  of bonds issued to fund the debt service reserve fund in accord-
 ance 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 under-
 writers' discount, trustee and rating agency fees, bond insurance, cred-
 it enhancement and liquidity enhancement related to the issuance of such
 bonds and notes. No reserve fund  securing  the  housing  program  bonds
 shall  be  entitled  or  eligible  to receive state funds apportioned or
 appropriated to maintain or restore such reserve fund at or to a partic-
 ular level, except to the extent of any deficiency resulting directly or
 S. 8305                            86                            A. 8805
 
 indirectly from a failure of the state to appropriate or pay the  agreed
 amount  under  any  of the contracts provided for in subdivision four of
 this section.
   §  30.  Paragraph  (b)  of  subdivision 1 of section 385 of the public
 authorities law, as amended by section 45 of part PP of  chapter  56  of
 the laws of 2023, 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 [twenty billion  six  hundred  forty-
 eight million five hundred seven thousand dollars $20,648,507,000] TWEN-
 TY-ONE BILLION FOUR HUNDRED FIFTY-EIGHT MILLION THREE HUNDRED NINE THOU-
 SAND DOLLARS $21,458,309,000, 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 consti-
 tute 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.
   § 31. Paragraph (c) of subdivision 14 of section 1680  of  the  public
 authorities  law,  as  amended by section 32 of part PP of chapter 56 of
 the laws of 2023, 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. 8305                            87                            A. 8805
 
 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 [eleven billion three hundred four-
 teen million three hundred fifty-two thousand  dollars  $11,314,352,000]
 ELEVEN  BILLION  SEVEN HUNDRED TWENTY-TWO MILLION TWO HUNDRED TWENTY-TWO
 THOUSAND DOLLARS $11,722,222,000.  The legislature reserves the right to
 amend or repeal such limit, and the state of  New  York,  the  dormitory
 authority,  the city university, and the fund are prohibited from coven-
 anting or making any other agreements with or for the benefit  of  bond-
 holders which might in any way affect such right.
   §  32.  Subdivision 1 of section 1689-i of the public authorities law,
 as amended by section 39 of part PP of chapter 56 of the laws  of  2023,
 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 [three  hundred  sixty-seven  million
 dollars $367,000,000] FOUR HUNDRED ONE MILLION DOLLARS $401,000,000.
   §  33.  Paragraph  (c) of subdivision 19 of section 1680 of the public
 authorities law, as amended by section 31 of part PP of  chapter  56  of
 the laws of 2023, 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 [eighteen billion one hundred ten million nine hundred sixty-four
 thousand  dollars $18,110,964,000] EIGHTEEN BILLION SEVEN HUNDRED SEVEN-
 TY-THREE   MILLION   NINE   HUNDRED    SIXTY-FOUR    THOUSAND    DOLLARS
 $18,773,964,000;  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
 S. 8305                            88                            A. 8805
 
 the bonds refunded thereby; provided, further that upon certification by
 the director of the budget that the issuance of refunding bonds or other
 obligations issued between April first, nineteen hundred ninety-two  and
 March  thirty-first,  nineteen  hundred  ninety-three will generate long
 term economic benefits to the state, as  assessed  on  a  present  value
 basis,  such  issuance will be deemed to have met the present value test
 noted above. For purposes of this subdivision, the present value of  the
 aggregate  debt  service  of  the refunding bonds and the aggregate debt
 service of the bonds refunded, shall be calculated by utilizing the true
 interest cost of the refunding bonds, which shall be that  rate  arrived
 at  by doubling the semi-annual interest rate (compounded semi-annually)
 necessary to discount the debt service payments on the  refunding  bonds
 from  the  payment  dates  thereof to the date of issue of the refunding
 bonds to the purchase price of the refunding bonds,  including  interest
 accrued  thereon  prior  to  the  issuance thereof. The maturity of such
 bonds, other than bonds issued to refund outstanding  bonds,  shall  not
 exceed  the  weighted  average  economic life, as certified by the state
 university construction fund, of the facilities in connection with which
 the bonds are issued, and in any case not  later  than  the  earlier  of
 thirty  years  or  the  expiration of the term of any lease, sublease or
 other agreement relating  thereto;  provided  that  no  note,  including
 renewals  thereof,  shall mature later than five years after the date of
 issuance of such note. The legislature reserves the right  to  amend  or
 repeal  such  limit, and the state of New York, the dormitory authority,
 the state university of New York, and the state university  construction
 fund are prohibited from covenanting or making any other agreements with
 or  for  the  benefit  of bondholders which might in any way affect such
 right.
   § 34. Subdivision 10-a of section 1680 of the public authorities  law,
 as  amended  by section 33 of part PP of chapter 56 of the laws of 2023,
 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 two
 hundred    twenty-seven    million    ninety-five    thousand    dollars
 $1,227,095,000]  ONE  BILLION  THREE  HUNDRED  SIXTY-FIVE  MILLION THREE
 HUNDRED EIGHT THOUSAND DOLLARS $1,365,308,000.   Such  amount  shall  be
 exclusive  of  bonds and notes issued to fund any reserve fund or funds,
 costs of issuance and to refund any outstanding bonds and notes,  issued
 on  behalf  of  the  state,  relating  to  a locally sponsored community
 college.
   § 35. 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 35 of part PP
 of chapter 56 of the laws of 2023, 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
 S. 8305                            89                            A. 8805

 subdivision,  the payment of interest on mental health services improve-
 ment bonds and mental health services improvement notes issued for  such
 purposes,  the establishment of reserves to secure such bonds and notes,
 the  cost  or  premium  of  bond insurance or the costs of any financial
 mechanisms which may be used to reduce the debt service  that  would  be
 payable  by the agency on its mental health services facilities improve-
 ment bonds and notes and all other expenditures of the  agency  incident
 to  and  necessary or convenient to providing the facilities development
 corporation, or any successor agency, with funds for  the  financing  or
 refinancing of or for any such design, construction, acquisition, recon-
 struction, rehabilitation or improvement and for the refunding of mental
 hygiene improvement bonds issued pursuant to section 47-b of the private
 housing  finance law; provided, however, that the agency shall not issue
 mental health services facilities improvement bonds  and  mental  health
 services  facilities  improvement notes in an aggregate principal amount
 exceeding [twelve billion four hundred eighteen  million  three  hundred
 thirty-seven  thousand  dollars  $12,418,337,000]  TWELVE  BILLION  NINE
 HUNDRED TWENTY-ONE MILLION  SEVEN  HUNDRED  FIFTY-SIX  THOUSAND  DOLLARS
 $12,921,756,000, 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  [twelve
 billion  four  hundred eighteen million three hundred thirty-seven thou-
 sand dollars $12,418,337,000] TWELVE  BILLION  NINE  HUNDRED  TWENTY-ONE
 MILLION  SEVEN  HUNDRED FIFTY-SIX THOUSAND DOLLARS $12,921,756,000, 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
 S. 8305                            90                            A. 8805

 section,  the  agency  shall  have the power and is hereby authorized to
 issue mental health services facilities improvement bonds and/or  mental
 health  services  facilities  improvement  notes  to  refund outstanding
 mental hygiene improvement bonds authorized to be issued pursuant to the
 provisions  of  section  47-b of the private housing finance law and the
 amount of bonds issued or outstanding for such  purposes  shall  not  be
 included for purposes of determining the amount of bonds issued pursuant
 to this section. The director of the budget shall allocate the aggregate
 principal  authorized  to  be  issued  by the agency among the office of
 mental health, office for people with  developmental  disabilities,  and
 the  office  of  addiction  services  and supports, in consultation with
 their respective commissioners to finance bondable appropriations previ-
 ously approved by the legislature.
   § 36. 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  30  of part PP of chapter 56 of the laws of 2023, 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  [five  hundred  one  million  five  hundred   thousand   dollars
 $501,500,000]  FIVE  HUNDRED  TWENTY-TWO  MILLION  FIVE HUNDRED THOUSAND
 DOLLARS $522,500,000, 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 seven hundred thirteen million  eighty-six  thousand
 dollars $1,713,086,000] ONE BILLION EIGHT HUNDRED FIFTY-FIVE MILLION TWO
 HUNDRED  EIGHTY-SIX  THOUSAND  DOLLARS  $1,855,286,000,  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
 subdivision (b) of this section, and such bonds and notes shall  contain
 on the face thereof a statement to such effect.
   §  37.  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 44 of part PP of chapter 56 of the
 laws of 2023, 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-
 S. 8305                            91                            A. 8805
 
 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 [one billion three
 hundred  fifty-three  million  eight  hundred fifty-two thousand dollars
 $1,353,852,000]  ONE  BILLION  SEVEN  HUNDRED  FORTY-TWO  MILLION  SEVEN
 HUNDRED  TWELVE  THOUSAND DOLLARS $1,742,712,000, excluding bonds issued
 to fund one or more debt service reserve funds, to pay costs of issuance
 of such bonds, and bonds or notes issued to refund  or  otherwise  repay
 such  bonds  or  notes  previously  issued.  Such bonds and notes of the
 dormitory authority and the corporation shall  not  be  a  debt  of  the
 state,  and  the  state  shall  not be liable thereon, nor shall they be
 payable out of any funds other than those appropriated by the  state  to
 the dormitory authority and the corporation for principal, interest, and
 related expenses pursuant to a service contract and such bonds and notes
 shall contain on the face thereof a statement to such effect. Except for
 purposes  of  complying  with  the  internal  revenue code, any interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   § 38. 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 38 of part PP of chapter 56 of the laws of 2023,  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 [thirteen
 billion nine hundred forty-nine million two hundred thirty-four thousand
 dollars   $13,949,234,000]  FOURTEEN  BILLION  SEVEN  HUNDRED  FORTY-TWO
 MILLION  FIVE  HUNDRED  EIGHTY-SEVEN  THOUSAND  DOLLARS  $14,742,587,000
 cumulatively  by the end of fiscal year [2023-24] 2024-25.  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  munici-
 pality, 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  respon-
 sibility,  and  where  such  eligible capital costs include the costs of
 construction and repair of highways,  bridges,  highway-railroad  cross-
 ings,  and  other  transportation facilities for projects with a service
 life of ten years or more.
   § 39. 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 37 of part PP of chapter 56 of the laws of  2023,  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,
 S. 8305                            92                            A. 8805
 
 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  prin-
 cipal  amount  of bonds authorized to be issued pursuant to this section
 shall  not   exceed   [four   hundred   ninety-three   million   dollars
 $493,000,000]  FIVE  HUNDRED  NINETY-THREE MILLION DOLLARS $593,000,000,
 excluding bonds issued to fund one or more debt service  reserve  funds,
 to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
 refund or otherwise repay such bonds or notes  previously  issued.  Such
 bonds  and  notes  of  the dormitory authority and the urban development
 corporation shall not be a debt of the state, and the state shall not be
 liable thereon, nor shall they be payable out of any  funds  other  than
 those appropriated by the state to the dormitory authority and the urban
 development  corporation  for  principal, interest, and related expenses
 pursuant to a service contract and such bonds and notes shall contain on
 the face thereof a statement to such effect.   Except  for  purposes  of
 complying  with the internal revenue code, any interest income earned on
 bond proceeds shall only be used to pay debt service on such bonds.
   2. Notwithstanding any other provision of  law  to  the  contrary,  in
 order to assist the dormitory authority and the urban development corpo-
 ration  in  undertaking the financing for project costs for the acquisi-
 tion of equipment, including but not limited to the creation or  modern-
 ization  of  information  technology  systems  and  related research and
 development equipment, health and safety equipment, heavy equipment  and
 machinery,  the creation or improvement of security systems, and labora-
 tory equipment and  other  state  costs  associated  with  such  capital
 projects,  the director of the budget is hereby authorized to enter into
 one or more service contracts with the dormitory authority and the urban
 development corporation, none of which  shall  exceed  thirty  years  in
 duration,  upon  such terms and conditions as the director of the budget
 and the dormitory authority and the urban development corporation agree,
 so as to annually provide to  the  dormitory  authority  and  the  urban
 development corporation, in the aggregate, a sum not to exceed the prin-
 cipal, interest, and related expenses required for such bonds and notes.
 Any service contract entered into pursuant to this section shall provide
 that  the  obligation  of  the  state to pay the amount therein provided
 shall not constitute a debt of the  state  within  the  meaning  of  any
 constitutional or statutory provision and shall be deemed executory only
 to  the  extent  of  monies  available  and  that  no liability shall be
 incurred by the state beyond the  monies  available  for  such  purpose,
 subject to annual appropriation by the legislature. Any such contract or
 any  payments  made or to be made thereunder may be assigned and pledged
 by the dormitory authority and  the  urban  development  corporation  as
 security for its bonds and notes, as authorized by this section.
   §  40.  Subdivision 3 of section 1285-p of the public authorities law,
 as amended by section 29 of part PP of chapter 56 of the laws  of  2023,
 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 [nine billion three hundred thirty-five million seven
 hundred ten thousand dollars $9,335,710,000] TEN  BILLION  FIVE  HUNDRED
 NINETY-FIVE  MILLION SEVEN HUNDRED TEN THOUSAND DOLLARS $10,595,710,000,
 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
 S. 8305                            93                            A. 8805
 
 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.
   § 41. 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 34 of part PP of chapter 56 of the laws of 2023, 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 [one billion fourteen million
 seven hundred thirty-five thousand dollars $1,014,735,000]  ONE  BILLION
 SIXTY-SIX    MILLION   SEVEN   HUNDRED   FIFTY-FIVE   THOUSAND   DOLLARS
 $1,066,755,000, which authorization increases  the  aggregate  principal
 amount of bonds, notes and other obligations authorized by section 40 of
 chapter  309 of the laws of 1996, and shall include all bonds, notes and
 other obligations issued pursuant to chapter 211 of the laws of 1990, as
 amended or supplemented. The proceeds of  such  bonds,  notes  or  other
 obligations shall be paid to the state, for deposit in the youth facili-
 ties  improvement  fund  or the capital projects fund, to pay for all or
 any portion of the amount or amounts paid by the  state  from  appropri-
 ations  or  reappropriations  made  to the office of children and family
 services  from  the  youth  facilities  improvement  fund  for   capital
 projects.  The  aggregate  amount  of bonds, notes and other obligations
 authorized to be issued pursuant to this section  shall  exclude  bonds,
 notes  or  other  obligations issued to refund or otherwise repay bonds,
 notes or other obligations theretofore issued,  the  proceeds  of  which
 were  paid  to the state for all or a portion of the amounts expended by
 the state from appropriations or reappropriations made to the office  of
 children  and  family  services;  provided,  however, that upon any such
 refunding or repayment the total aggregate principal amount of outstand-
 ing bonds, notes or other obligations may be greater than  [one  billion
 fourteen    million   seven   hundred   thirty-five   thousand   dollars
 $1,014,735,000] ONE BILLION SIXTY-SIX MILLION SEVEN  HUNDRED  FIFTY-FIVE
 THOUSAND DOLLARS $1,066,755,000, only if the present value of the aggre-
 gate  debt  service  of the refunding or repayment bonds, notes or other
 obligations to be issued shall not  exceed  the  present  value  of  the
 aggregate debt service of the bonds, notes or other obligations so to be
 refunded  or  repaid.  For the purposes hereof, the present value of the
 aggregate debt service of the refunding or  repayment  bonds,  notes  or
 other  obligations and of the aggregate debt service of the bonds, notes
 or other obligations so refunded  or  repaid,  shall  be  calculated  by
 utilizing  the  effective  interest  rate  of the refunding or repayment
 bonds, notes or other obligations, which shall be that rate  arrived  at
 by  doubling  the  semi-annual  interest rate (compounded semi-annually)
 necessary to discount the debt service  payments  on  the  refunding  or
 repayment bonds, notes or other obligations from the payment dates ther-
 eof  to  the date of issue of the refunding or repayment bonds, notes or
 other obligations and to  the  price  bid  including  estimated  accrued
 interest  or  proceeds  received  by the corporation including estimated
 accrued interest from the sale thereof.
 S. 8305                            94                            A. 8805
 
   § 42. Subdivision 1 of section 386-b of the public authorities law, as
 amended by section 41 of part PP of chapter 56 of the laws of  2023,  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
 [twelve billion three hundred eight million three hundred  eleven  thou-
 sand  dollars  $12,308,311,000]  FIFTEEN BILLION ONE HUNDRED SEVENTY-SIX
 MILLION SIX HUNDRED SIXTY-NINE THOUSAND DOLLARS $15,176,669,000, exclud-
 ing bonds issued to fund one or more debt service reserve funds, to  pay
 costs  of  issuance of such bonds, and to refund or otherwise repay such
 bonds or notes previously issued. Such bonds and notes of the authority,
 the dormitory authority and the urban development corporation shall  not
 be  a  debt of the state, and the state shall not be liable thereon, nor
 shall they be payable out of any funds other than those appropriated  by
 the state to the authority, the dormitory authority and the urban devel-
 opment  corporation for principal, interest, and related expenses pursu-
 ant to a service contract and such bonds and notes shall contain on  the
 face  thereof a statement to such effect. Except for purposes of comply-
 ing with the internal revenue code, any interest income earned  on  bond
 proceeds shall only be used to pay debt service on such bonds.
   §  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 40 of part PP of chapter 56 of the laws of 2023, 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
 S. 8305                            95                            A. 8805
 
 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,
 RUSH - NY, NEW YORK AI CONSORTIUM, NEW YORK CREATES UEV TOOL, and  other
 state  costs  associated  with  such  projects.  The aggregate principal
 amount of bonds authorized to be issued pursuant to this  section  shall
 not exceed [seventeen billion six hundred fifty-five million six hundred
 two  thousand dollars $17,655,602,000] TWENTY BILLION TWO HUNDRED FIFTY-
 FOUR MILLION ONE HUNDRED NINETY-FOUR THOUSAND  DOLLARS  $20,254,194,000,
 excluding  bonds  issued to fund one or more debt service reserve funds,
 to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
 refund  or  otherwise  repay such bonds or notes previously issued. Such
 bonds and notes of the dormitory authority and the corporation shall not
 be a debt of the state, and the state shall not be liable  thereon,  nor
 shall  they be payable out of any funds other than those appropriated by
 the state to the dormitory authority and the corporation for  principal,
 interest,  and  related expenses pursuant to a service contract and such
 bonds and notes shall contain on the face thereof a  statement  to  such
 effect.    Except  for  purposes  of complying with the internal revenue
 code, any interest income earned on bond proceeds shall only be used  to
 pay debt service on such bonds.
   2.  Notwithstanding  any  other  provision  of law to the contrary, in
 order to assist the dormitory authority and the corporation in undertak-
 ing the financing for project costs for the regional  economic  develop-
 ment  council  initiative,  the  economic  transformation program, state
 university of New York college for nanoscale  and  science  engineering,
 projects  within  the  city  of Buffalo or surrounding environs, the New
 York works economic development fund,  projects  for  the  retention  of
 professional  football  in  western  New York, the empire state economic
 development fund, the clarkson-trudeau partnership, the New York  genome
 center, the cornell university college of veterinary medicine, the olym-
 pic  regional  development  authority,  projects at nano Utica, onondaga
 county revitalization projects, Binghamton university school of  pharma-
 cy,  New  York  power  electronics  manufacturing  consortium,  regional
 infrastructure projects, New York State Capital Assistance  Program  for
 Transportation,  infrastructure,  and  economic  development,  high tech
 innovation and economic development infrastructure program,  high  tech-
 nology  manufacturing  projects in Chautauqua and Erie county, an indus-
 trial scale research and development facility in Clinton county, upstate
 revitalization initiative projects, downstate revitalization initiative,
 market New York projects, fairground buildings, equipment or  facilities
 used  to house and promote agriculture, the state fair, the empire state
 trail, the moynihan station development project, the Kingsbridge  armory
 project, strategic economic development projects, the cultural, arts and
 public  spaces fund, water infrastructure in the city of Auburn and town
 of Owasco, a life sciences laboratory public health initiative, not-for-
 profit pounds, shelters and humane societies, arts and cultural  facili-
 ties  improvement  program,  restore  New York's communities initiative,
 heavy  equipment,  economic  development  and  infrastructure  projects,
 Roosevelt  Island  operating  corporation capital projects, Lake Ontario
 regional projects, Pennsylvania  station  and  other  transit  projects,
 athletic facilities for professional football in Orchard Park, New York,
 S. 8305                            96                            A. 8805
 
 RUSH  - NY, NEW YORK AI CONSORTIUM, NEW YORK CREATES UEV TOOL, 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,  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 corporation as security for its bonds and notes,  as  authorized  by
 this section.
   §  44.  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 36 of part PP of chapter 56 of the laws of 2023, 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 [two hundred forty-seven
 million dollars $247,000,000] TWO HUNDRED NINETY-SEVEN  MILLION  DOLLARS
 $297,000,000, 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.
   § 45. 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 43 of part PP of  chapter  56  of  the
 laws of 2023, 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,
 S. 8305                            97                            A. 8805
 
 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 [three hundred twenty-one million seven  hundred  ninety-nine
 thousand  dollars  $321,799,000]  THREE  HUNDRED FORTY-ONE MILLION EIGHT
 HUNDRED NINETY-EIGHT  THOUSAND  DOLLARS  $341,898,000,  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.
   § 46. Subdivision 1 of section 1680-k of the public  authorities  law,
 as  amended  by section 47 of part PP of chapter 56 of the laws of 2023,
 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  nine hundred forty-five thousand dollars $40,945,000] FORTY-ONE
 MILLION SIXTY THOUSAND DOLLARS $41,060,000, 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 labora-
 tory. Eligible project costs may include, but not be limited to the cost
 of design, financing, site investigations, site acquisition and prepara-
 tion, demolition, 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.
   § 47. Paragraph a of subdivision 1 of section  9-a  of  section  1  of
 chapter 392 of the laws of 1973, constituting the medical  care  facili-
 ties finance agency act, as amended by chapter 479 of the laws of  2022,
 is amended to read as follows:
   a.  "Mental  health  services  facility" shall mean a building, a unit
 within a building, a laboratory, a classroom, a housing unit,  a  dining
 hall,  an  activities  center,  a  library, real property of any kind or
 description, or any structure on or improvement to real property of  any
 kind  or  description, including fixtures and equipment which may or may
 not be an integral  part  of  any  such  building,  unit,  structure  or
 improvement, a walkway, a roadway or a parking lot, and improvements and
 S. 8305                            98                            A. 8805
 
 connections  for  water, sewer, gas, electrical, telephone, heating, air
 conditioning and other utility services, or a combination of any of  the
 foregoing, whether for patient care and treatment or staff, staff family
 or  service  use,  located  at or related to any psychiatric center, any
 developmental center, or any state psychiatric or research institute  or
 other  facility  now or hereafter established under the state department
 of mental hygiene. A mental health services facility shall also mean and
 include a residential care center for adults, a "community mental health
 and developmental disabilities facility", and a state or voluntary oper-
 ated treatment facility for use in  the  conduct  of  an  alcoholism  or
 substance  abuse treatment program as defined in the mental hygiene law,
 unless such residential care center for adults, community mental  health
 and developmental disabilities facility or alcoholism or substance abuse
 facility  is  expressly  excepted or the context clearly requires other-
 wise.  The  definition  contained  in  this  subdivision  shall  not  be
 construed  to  exclude  therefrom  a  facility,  whether or not owned or
 leased by a voluntary agency, to  be  made  available  under  lease,  or
 sublease,  from  the  facilities  development corporation to a voluntary
 agency at the request of the commissioners of the offices and  directors
 of the divisions of the department of mental hygiene having jurisdiction
 thereof  for  use in providing services in a residential care center for
 adults, community mental health and developmental disabilities services,
 or for use in the conduct of an alcoholism or substance abuse  treatment
 program.  For  purposes  of this section mental health services facility
 shall also mean mental hygiene facility as defined in subdivision ten of
 section three of the facilities development corporation  act  AND  SHALL
 ALSO  INCLUDE  FACILITIES  FOR:  (I) COMPREHENSIVE PSYCHIATRIC EMERGENCY
 PROGRAMS AND/OR PSYCHIATRIC INPATIENT PROGRAMS OR OTHER SIMILAR PROGRAMS
 UNDER THE AUSPICE OF MUNICIPALITIES AND OTHER PUBLIC AND  NOT-FOR-PROFIT
 AGENCIES,  DUALLY  LICENSED PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL
 HYGIENE LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; AND  (II)
 HOUSING FOR MENTALLY ILL PERSONS UNDER THE AUSPICE OF MUNICIPALITIES AND
 OTHER  PUBLIC  AND NOT-FOR-PROFIT AGENCIES, APPROVED BY THE COMMISSIONER
 OF THE OFFICE OF MENTAL HEALTH, PURSUANT TO  ARTICLE  FORTY-ONE  OF  THE
 MENTAL HYGIENE LAW.
   §  48.  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, 2025 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 386-a of the  public  authori-
 ties  law,  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 given state fiscal year.   Amounts pertaining  to  special  revenue
 accounts  assigned  to the state university of New York shall be consid-
 ered interchangeable between the designated special revenue accounts  as
 to meet the requirements of this section and section 386-a of the public
 authorities law:
   1.  $15,000,000  from  the  miscellaneous  special revenue fund, state
 university general income reimbursable account (22653).
   2. $5,000,000 from  state  university  dormitory  income  fund,  state
 university dormitory income fund (40350).
   3. $5,000,000 from the enterprise fund, city university senior college
 operating fund (60851).
 S. 8305                            99                            A. 8805
 
   §  49.  Paragraph  (g)  of  subdivision 1 of section 68-b of the state
 finance law, as added by section 2 of part I of chapter 383 of the  laws
 of 2001, is amended to read as follows:
   (g)  Revenue  bonds  authorized  hereunder shall be sold by authorized
 issuers, at public or private sale, at  such  price  or  prices  as  the
 authorized  issuers  may  determine.  Revenue  bonds  of  the authorized
 issuers shall not be sold by the authorized  issuers  at  private  sales
 unless  such  sale and the terms thereof have been approved by the state
 comptroller. THE APPROVAL OF THE PRIVATE SALE  OF  SUCH  BONDS  AND  THE
 TERMS  THEREOF  BY THE STATE COMPTROLLER SHALL BE LIMITED TO A REVIEW OF
 (I) THE REASONABLENESS OF: (1) THE BOND  PRICING,  TAKING  INTO  ACCOUNT
 CURRENT  INTEREST  RATES;  (2)  THE  COSTS  OF ISSUANCE AND UNDERWRITERS
 DISCOUNT FOR SUCH BONDS; (3) IF THE SALE INCLUDES REFUNDING BONDS,  CASH
 FLOW SAVINGS AND NET PRESENT VALUE SAVINGS; AND (4) IF THE SALE INVOLVES
 AN  INTEREST  RATE  EXCHANGE OR SIMILAR AGREEMENT, THE ECONOMIC TERMS OF
 SUCH AGREEMENT; AND  (II)  WHETHER  THE  FINAL  MATURITY  OF  THE  BONDS
 COMPLIES  WITH  (1)  THE LEGAL AUTHORIZATION FOR THE PROJECT OR PROJECTS
 BEING FINANCED, AND (2) THE PARAMETERS  ESTABLISHED  IN  THE  AUTHORIZED
 ISSUER'S  RESOLUTION AUTHORIZING THE ISSUANCE OF SUCH BONDS, AS APPROVED
 BY THE PUBLIC AUTHORITIES CONTROL BOARD PURSUANT TO SECTION FIFTY-ONE OF
 THE PUBLIC AUTHORITIES LAW.
   § 50. Paragraph (g) of subdivision 1 of  section  69-n  of  the  state
 finance law, as added by section 58 of part HH of chapter 57 of the laws
 of 2013, is amended to read as follows:
   (g)  Revenue  bonds  authorized  hereunder shall be sold by authorized
 issuers, at public or private sale, at  such  price  or  prices  as  the
 authorized  issuers  may  determine.  Revenue  bonds  of  the authorized
 issuers shall not be sold by the authorized  issuers  at  private  sales
 unless  such  sale and the terms thereof have been approved by the state
 comptroller. THE APPROVAL OF THE PRIVATE SALE  OF  SUCH  BONDS  AND  THE
 TERMS  THEREOF  BY THE STATE COMPTROLLER SHALL BE LIMITED TO A REVIEW OF
 (I) THE REASONABLENESS OF: (1) THE BOND  PRICING,  TAKING  INTO  ACCOUNT
 CURRENT  INTEREST  RATES;  (2)  THE  COSTS  OF ISSUANCE AND UNDERWRITERS
 DISCOUNT FOR SUCH BONDS; (3) IF THE SALE INCLUDES REFUNDING BONDS,  CASH
 FLOW SAVINGS AND NET PRESENT VALUE SAVINGS; AND (4) IF THE SALE INVOLVES
 AN  INTEREST  RATE  EXCHANGE OR SIMILAR AGREEMENT, THE ECONOMIC TERMS OF
 SUCH AGREEMENT; AND  (II)  WHETHER  THE  FINAL  MATURITY  OF  THE  BONDS
 COMPLIES  WITH  (1)  THE LEGAL AUTHORIZATION FOR THE PROJECT OR PROJECTS
 BEING FINANCED, AND (2) THE PARAMETERS  ESTABLISHED  IN  THE  AUTHORIZED
 ISSUER'S  RESOLUTION AUTHORIZING THE ISSUANCE OF SUCH BONDS, AS APPROVED
 BY THE PUBLIC AUTHORITIES CONTROL BOARD PURSUANT TO SECTION FIFTY-ONE OF
 THE PUBLIC AUTHORITIES LAW.
   § 51. Subdivision 6-a of section 2 of the state finance law, as  added
 by chapter 837 of the laws of 1983, is amended to read as follows:
   6-a.  "Fixed  assets".  (I)  Assets of a long-term, tangible character
 which are intended to continue to be held or used, such as land,  build-
 ings,  improvements,  machinery,  and  equipment,  AND  (II) ASSETS THAT
 PROVIDE A LONG-TERM INTEREST IN LAND, INCLUDING CONSERVATION EASEMENTS.
   § 52. Subdivision 2 of section 2976 of the public authorities law,  as
 amended  by  section  1 of part FF of chapter 59 of the laws of 2009, is
 amended to read as follows:
   2. The bond issuance charge shall be computed by multiplying the prin-
 cipal amount of bonds issued by the percentage set forth in the schedule
 below, provided that: (a) the charge applicable to the principal  amount
 of single family mortgage revenue bonds shall be seven one-hundredths of
 one percent; (b) the issuance of bonds shall not include the remarketing
 S. 8305                            100                           A. 8805
 
 of  bonds; and (c) the issuance of bonds shall not include the [current]
 refunding of [short term] bonds, notes or other obligations  [for  which
 the  bond  issuance  charge  provided  by  this  section  has been paid,
 provided that such current refunding (i) occurs within one year from the
 issuance  of  the  refunded  obligations,  or  (ii) is part of a program
 created by a single indenture or bond resolution that provides  for  the
 periodic issuance and refunding of short term obligations].
                                 SCHEDULE
 Principal Amount of Bonds Issued             Percentage Charge
 a. [$1,000,000] $20,000,000 or less              [.168%] 0%
 b. [$1,000,001 to $5,000,000                     .336%
 c. $5,000,001 to $10,000,000                     .504%
 d. $10,000,001 to $20,000,000                    .672%
 e.] More than $20,000,000                        [.84%] .35%
   § 53. Subdivision 5 of section 68-b of the state finance law, as added
 by section 2 of part I of chapter 383 of the laws of 2001, is amended to
 read as follows:
   5.  The authorized issuers, subject to such agreements with holders of
 revenue bonds as may then exist, or with the providers of any applicable
 bond or note or other financial or agreement facility, shall have  power
 out  of  any  funds  available therefor to purchase revenue bonds of the
 authorized issuers, which may or may not thereupon  be  canceled,  at  a
 price not exceeding:
   (a)  if  the  revenue  bonds are then redeemable, the redemption price
 then applicable, including any accrued interest; OR
   (b) if the revenue bonds are not then redeemable, the redemption price
 and accrued interest applicable on the first date  after  such  purchase
 upon which the revenue bonds become subject to redemption; OR
   (C) WHETHER OR NOT THE REVENUE BONDS ARE THEN REDEEMABLE, AT A REDEMP-
 TION  PRICE  THAT PROVIDES A DEMONSTRATED ECONOMIC BENEFIT TO THE STATE,
 AS CERTIFIED IN WRITING BY A FINANCIAL ADVISOR TO THE STATE.
   § 54. Subdivision 5 of section 69-n of the state finance law, as added
 by section 58 of part HH of chapter 57 of the laws of 2013,  is  amended
 to read as follows:
   5.  The authorized issuers, subject to such agreements with holders of
 revenue bonds as may then exist, or with the providers of any applicable
 bond or note or other financial or agreement facility, shall have  power
 out  of  any  funds  available therefor to purchase revenue bonds of the
 authorized issuers, which may or may not thereupon  be  canceled,  at  a
 price not exceeding:
   (a)  If  the  revenue  bonds are then redeemable, the redemption price
 then applicable, including any accrued interest; OR
   (b) If the revenue bonds are not then redeemable, the redemption price
 and accrued interest applicable on the first date  after  such  purchase
 upon which the revenue bonds become subject to redemption; OR
   (C) WHETHER OR NOT THE REVENUE BONDS ARE THEN REDEEMABLE, AT A REDEMP-
 TION  PRICE  THAT PROVIDES A DEMONSTRATED ECONOMIC BENEFIT TO THE STATE,
 AS CERTIFIED IN WRITING BY A FINANCIAL ADVISOR TO THE STATE.
   § 55. Paragraph (b) of subdivision 1 of section 54-b of section  1  of
 chapter  174  of  the  laws  of  1968 constituting the urban development
 corporation act, as amended by section 49 of part PP of  chapter  56  of
 the laws of 2023, is amended to read as follows:
   (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
 S. 8305                            101                           A. 8805
 
 authorized  to issue personal income tax revenue anticipation notes with
 a maturity no later than March 31[, 2024] OF THE STATE  FISCAL  YEAR  IN
 WHICH SUCH NOTES ARE ISSUED, in one or more series in an aggregate prin-
 cipal  amount  for  each  fiscal year not to exceed [three] FOUR 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 article
 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 outstand-
 ing, the restrictions, limitations and requirements contained in article
 five-B of the state finance law shall not apply.
   § 56. Subdivision 1 of section 386-a of the public authorities law, as
 amended by section 54 of part PP of chapter 56 of the laws of  2023,  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
 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-four] TWENTY-FIVE
 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.
   §  57.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024; provided,
 however, that the provisions of sections one, two,  three,  four,  five,
 six,  seven,  eight,  fourteen,  fifteen,  sixteen, seventeen, eighteen,
 nineteen, twenty, twenty-one, twenty-two, twenty-three, and  twenty-four
 of  this  act  shall  expire March 31, 2025; and provided, further, that
 sections twenty-five and twenty-six of this act shall expire  March  31,
 2028,  when  upon  such  dates  the provisions of such sections shall be
 deemed repealed.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 S. 8305                            102                           A. 8805
 
 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 X of this act shall be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8305--A                                            A. 8805--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 17, 2024
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  penal law, in relation to assault in the second
   degree of a retail worker  (Part  A);  to  amend  the  penal  law,  in
   relation  to  establishing  the  crime of fostering the sale of stolen
   goods (Part B); to amend the  penal  law,  in  relation  to  specified
   offenses  that  constitute  a  hate  crime  (Part  C); relating to the
   closure of correctional facilities; and providing for  the  repeal  of
   such provisions upon the expiration thereof (Part D); to amend the tax
   law,  in  relation to suspending the transfer of monies into the emer-
   gency services revolving loan fund from  the  public  safety  communi-
   cations  account  (Part  E); to amend the judiciary law, the penal law
   and the election law, in relation to increasing the safety and securi-
   ty of court officials and their immediate families (Part F); to  amend
   the  cannabis  law,  in  relation  to providing additional enforcement
   powers to the office of cannabis management and to  authorize  locali-
   ties to create business registries for the purpose of combating illic-
   it  cannabis (Part G); to amend the alcoholic beverage control law, in
   relation to notifying municipalities of the filing of certain applica-
   tions, changes  of  ownership  of  certain  licensed  businesses,  and
   providing  for  certain  temporary  permits;  and  to  repeal  certain
   provisions of such law related thereto (Part H); to amend the alcohol-
   ic beverage control law,  in  relation  to  establishing  a  temporary
   wholesale permit and allowing multiple wholesale licenses owned by the
   same  person or entity to be located at the same premises (Part I); to
   amend chapter 118 of the laws of 2012 amending the alcoholic  beverage
   control  law relating to the powers of the chairman and members of the
   authority, in relation to  the  effectiveness  of  certain  provisions
   thereof  (Part  J);  to amend chapter 396 of the laws of 2010 amending
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12670-02-4
 S. 8305--A                          2                         A. 8805--A
 
   the alcoholic beverage control law relating  to  liquidator's  permits
   and temporary retail permits, in relation to the effectiveness thereof
   (Part  K); to amend the alcoholic beverage control law, in relation to
   permitting  the  use of contiguous and non-contiguous municipal public
   space by certain licensees; and to repeal chapter 238 of the  laws  of
   2021  (Part L); to amend the workers' compensation law, in relation to
   providing benefits for prenatal care (Part M); to amend  the  workers'
   compensation  law  and  the  insurance  law, in relation to increasing
   short-term disability benefits (Part N); to amend the general business
   law, in relation to enacting the  Stop  Addictive  Feeds  Exploitation
   (SAFE)  for Kids act prohibiting the provision of an addictive feed to
   a minor (Part O); to amend the general business law,  in  relation  to
   establishing the New York child data protection act (Part P); to amend
   the state finance law, in relation to eliminating the alternate proce-
   dure  for  the payment of salaries for certain employees and the with-
   holding of five days of salary for  certain  employees  (Part  Q);  to
   amend  the  civil practice law and rules and the state finance law, in
   relation to the rate of interest to be paid on  judgment  and  accrued
   claims  (Part  R);  to  amend  the  civil  service law, in relation to
   reimbursement for medicare premium charges  (Part  S);  to  amend  the
   civil  service  law,  in relation to the ability to charge interest on
   past due balances for the New York state health insurance program, and
   to authorize the director of the budget to withhold certain state  aid
   to  participating  employers with past due balances (Part T); to amend
   the general municipal law, in relation to county-wide shared  services
   panels  (Part  U); to amend the public authorities law, in relation to
   bonds issued by the New York city transitional finance authority (Part
   V); to amend the state finance law, in relation to reforming the local
   government efficiency grant program  (Part  W);  to  provide  for  the
   administration  of certain funds and accounts related to the 2023-2024
   budget, authorizing certain payments and transfers; to amend the state
   finance law, in relation to the administration of  certain  funds  and
   accounts,  and in relation to the effectiveness thereof; 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 the private housing finance law, in relation to hous-
   ing program bonds and notes; to amend the public authorities  law,  in
   relation  to  the issuance of bonds and notes by the dedicated highway
   and bridge trust  fund,  to  amend  the  public  authorities  law,  in
   relation to the issuance of bonds and notes for city university facil-
   ities;  to  amend the public authorities law, in relation to the issu-
   ance of bonds for library construction projects; to amend  the  public
   authorities  law,  in  relation  to  the  issuance  of bonds for state
   university educational facilities; to  amend  the  public  authorities
   law,  in relation to the issuance of bonds and notes for locally spon-
   sored community colleges; to amend chapter 392 of the  laws  of  1973,
   constituting  the  medical  care  facilities  finance  agency  act, in
   relation to the issuance of mental health services facilities improve-
   ment bonds and notes; to amend part K of chapter 81  of  the  laws  of
   2002,  relating  to  providing for the administration of certain funds
   and accounts related to the 2002-2003 budget, in relation to the issu-
   ance of bonds and notes to finance capital costs related  to  homeland
   security;  to  amend  chapter 174 of the laws of 1968 constituting the
   urban development corporation act, in  relation  to  the  issuance  of
   bonds and notes for purposes of funding office of information technol-
 S. 8305--A                          3                         A. 8805--A
 
   ogy  services project costs; 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 funds to the thruway authority; to amend chapter
   174 of the laws of 1968 constituting the urban development corporation
   act, in relation to the issuance of bonds and notes to fund costs  for
   statewide  equipment; to amend the public authorities law, in relation
   to the issuance of  bonds  for  purposes  of  financing  environmental
   infrastructure projects; 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 bonds and notes for the youth facilities improve-
   ment fund; to amend the public authorities law,  in  relation  to  the
   issuance  of bonds and notes for the purpose of financing peace bridge
   projects and capital costs of state and local highways; to amend chap-
   ter 174 of the laws of 1968 constituting the urban development  corpo-
   ration act, in relation to the issuance of bonds for economic develop-
   ment  initiatives;  to amend part Y of chapter 61 of the laws of 2005,
   relating to providing for the  administration  of  certain  funds  and
   accounts  related to the 2005-2006 budget, in relation to the issuance
   of bonds and notes for the purpose of financing capital  projects  for
   the  division  of  military and naval affairs; to amend chapter 174 of
   the laws of 1968 constituting the urban development  corporation  act,
   in  relation  to the issuance of bonds for special education and other
   educational facilities;  to  amend  the  public  authorities  law,  in
   relation to the issuance of bonds and notes for the purpose of financ-
   ing  the  construction  of  the New York state agriculture and markets
   food laboratory; to amend chapter  392  of the laws of  1973,  consti-
   tuting  the medical care facilities finance agency act, in relation to
   including comprehensive psychiatric emergency programs and housing for
   mentally ill persons in  the  definition  of  mental  health  services
   facility;  to  amend the state finance law, in relation to the private
   sale of certain revenue bonds, and in  relation  to  including  assets
   that  provide  a long-term interest in land in the definition of fixed
   assets; to amend the public authorities law, in relation to bond issu-
   ance charges; to amend the state  finance  law,  in  relation  to  the
   redemption price of certain revenue bonds; to amend chapter 174 of the
   laws  of  1968  constituting the urban development corporation act, in
   relation to the issuance of personal income tax  revenue  anticipation
   notes;  to  amend the public authorities law, in relation to the issu-
   ance of bonds or notes for the purpose of assisting  the  metropolitan
   transportation  authority  in  the financing of transportation facili-
   ties; and providing for the repeal of certain provisions upon  expira-
   tion  thereof (Part X); and to amend section 2 of part P of chapter 55
   of the laws of 2022,  amending  the  alcoholic  beverage  control  law
   relating  to  authorizing retail licensees for on-premises consumption
   to sell and/or deliver alcoholic beverages for  off-premises  consump-
   tion, in relation to the effectiveness thereof (Part Y)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement the state public protection and general govern-
 ment budget for the 2024-2025 state fiscal year. Each component is whol-
 S. 8305--A                          4                         A. 8805--A
 
 ly contained within a Part identified as Parts A through Y.  The  effec-
 tive  date  for  each particular provision contained within such Part is
 set forth in the last section of such Part. Any provision in any section
 contained within a Part, including the effective date of the Part, which
 makes  a  reference  to a section "of this act", when used in connection
 with that particular component, shall be deemed to mean and refer to the
 corresponding section of the Part in which it is found.   Section  three
 of this act sets forth the general effective date of this act.
 
                                  PART A

   Section  1.    Subdivision  3  of  section 120.05 of the penal law, as
 amended by chapter 267 of the laws  of  2016,  is  amended  to  read  as
 follows:
   3.  With intent to prevent a peace officer, a police officer, prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent, New York city sanitation worker, a firefighter, including a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering first aid in the course of performance of duty  as  such  fire-
 fighter,  an  emergency  medical  service paramedic or emergency medical
 service technician, or medical or related personnel in a hospital  emer-
 gency  department,  a  city  marshal,  a school crossing guard appointed
 pursuant to section two hundred eight-a of the general municipal law,  a
 traffic enforcement officer, traffic enforcement agent [or], employee of
 any  entity governed by the public service law in the course of perform-
 ing an essential service, OR RETAIL WORKER,  from  performing  a  lawful
 duty, by means including releasing or failing to control an animal under
 circumstances  evincing  the actor's intent that the animal obstruct the
 lawful activity of such peace officer,  police  officer,  prosecutor  as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure  law,  registered  nurse,  licensed  practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent,  New  York  city sanitation worker, firefighter, paramedic,
 technician, city marshal, school crossing guard  appointed  pursuant  to
 section  two  hundred  eight-a  of  the  general  municipal law, traffic
 enforcement officer, traffic enforcement  agent  [or],  employee  of  an
 entity  governed  by the public service law, OR RETAIL WORKER, he or she
 causes physical injury to such peace officer, police officer, prosecutor
 as defined in subdivision thirty-one of section  1.20  of  the  criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city  sanitation  worker,  firefighter,  paramedic,
 technician  or  medical  or  related  personnel  in a hospital emergency
 department, city marshal, school  crossing  guard,  traffic  enforcement
 officer,  traffic enforcement agent [or], employee of an entity governed
 by the public service law, OR RETAIL WORKER; or
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART B
 
   Section 1. The penal law is amended by adding a new section 165.66  to
 read as follows:
 § 165.66 FOSTERING THE SALE OF STOLEN GOODS.
 S. 8305--A                          5                         A. 8805--A
 
   A  PERSON  IS  GUILTY  OF FOSTERING THE SALE OF STOLEN GOODS WHEN SUCH
 PERSON:
   1.  HOSTS,  ADVERTISES,  OR  OTHERWISE  ASSISTS  IN THE SALE OF STOLEN
 GOODS, INCLUDING ON AN INTERNET WEBSITE; AND
   2. KNEW OR SHOULD HAVE KNOWN THAT SUCH GOODS WERE STOLEN.
   FOSTERING THE SALE OF STOLEN GOODS IS A CLASS A MISDEMEANOR.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.
 
                                  PART C
 
   Section 1. Subdivision 3 of  section  485.05  of  the  penal  law,  as
 amended  by  section  3  of part R of chapter 55 of the laws of 2020, is
 amended to read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions of  this  chapter:  section  120.00  (assault  in  the  third
 degree);  section  120.05 (assault in the second degree); SECTION 120.06
 (GANG ASSAULT IN THE SECOND DEGREE); SECTION 120.07 (GANG ASSAULT IN THE
 FIRST DEGREE); section 120.10 (assault in  the  first  degree);  section
 120.12  (aggravated  assault  upon a person less than eleven years old);
 section 120.13 (menacing in the first degree); section 120.14  (menacing
 in  the  second  degree); section 120.15 (menacing in the third degree);
 section 120.20 (reckless endangerment in  the  second  degree);  section
 120.25  (reckless  endangerment  in  the  first  degree); SECTION 121.11
 (CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); section 121.12
 (strangulation in the second degree); section 121.13  (strangulation  in
 the  first  degree);  subdivision one of section 125.15 (manslaughter in
 the second degree); subdivision one,  two  or  four  of  section  125.20
 (manslaughter in the first degree); section 125.25 (murder in the second
 degree);  SECTION  125.26 (AGGRAVATED MURDER); SECTION 125.27 (MURDER IN
 THE FIRST DEGREE); section  120.45  (stalking  in  the  fourth  degree);
 section  120.50 (stalking in the third degree); section 120.55 (stalking
 in the second degree); section 120.60 (stalking in  the  first  degree);
 [subdivision  one of] SECTION 130.20 (SEXUAL MISCONDUCT); SECTION 130.25
 (RAPE IN THE THIRD DEGREE); SECTION 130.30 (RAPE IN THE SECOND  DEGREE);
 section  130.35 (rape in the first degree); [subdivision one of] SECTION
 130.40 (CRIMINAL SEXUAL ACT IN THE THIRD DEGREE); SECTION 130.45 (CRIMI-
 NAL SEXUAL ACT IN THE SECOND DEGREE); section  130.50  (criminal  sexual
 act  in the first degree); [subdivision one of] SECTION 130.52 (FORCIBLE
 TOUCHING); SECTION 130.53  (PERSISTENT  SEXUAL  ABUSE);  SECTION  130.55
 (SEXUAL  ABUSE IN THE THIRD DEGREE); SECTION 130.60 (SEXUAL ABUSE IN THE
 SECOND DEGREE); section 130.65  (sexual  abuse  in  the  first  degree);
 [paragraph (a) of subdivision one of] SECTION 130.65-A (AGGRAVATED SEXU-
 AL  ABUSE IN THE FOURTH DEGREE); SECTION 130.66 (AGGRAVATED SEXUAL ABUSE
 IN THE THIRD DEGREE); section 130.67 (aggravated  sexual  abuse  in  the
 second  degree);  [paragraph  (a)  of subdivision one of] section 130.70
 (aggravated sexual abuse in the first degree); section 135.05  (unlawful
 imprisonment  in  the second degree); section 135.10 (unlawful imprison-
 ment in the first degree); section  135.20  (kidnapping  in  the  second
 degree); section 135.25 (kidnapping in the first degree); SECTION 135.35
 (LABOR  TRAFFICKING);  SECTION  135.37  (AGGRAVATED  LABOR TRAFFICKING);
 section 135.60 (coercion in the third degree); section 135.61  (coercion
 in  the  second  degree); section 135.65 (coercion in the first degree);
 section 140.10 (criminal trespass in the third degree);  section  140.15
 (criminal trespass in the second degree); section 140.17 (criminal tres-
 pass  in  the  first  degree);  section  140.20  (burglary  in the third
 S. 8305--A                          6                         A. 8805--A
 
 degree); section 140.25 (burglary in the second degree); section  140.30
 (burglary in the first degree); section 145.00 (criminal mischief in the
 fourth  degree); section 145.05 (criminal mischief in the third degree);
 section  145.10 (criminal mischief in the second degree); section 145.12
 (criminal mischief in the first degree); SECTION 145.60 (MAKING  GRAFFI-
 TI);  SECTION  150.01 (ARSON IN THE FIFTH DEGREE); section 150.05 (arson
 in the fourth degree); section  150.10  (arson  in  the  third  degree);
 section  150.15  (arson  in the second degree); section 150.20 (arson in
 the first degree); section 155.25 (petit larceny); section 155.30 (grand
 larceny in the fourth degree); section  155.35  (grand  larceny  in  the
 third  degree);  section  155.40  (grand  larceny in the second degree);
 section 155.42 (grand larceny  in  the  first  degree);  section  160.05
 (robbery  in  the  third  degree); section 160.10 (robbery in the second
 degree); section 160.15 (robbery in the first  degree);  SECTION  165.25
 (JOSTLING);  SECTION  230.34  (SEX  TRAFFICKING);  SECTION 230.34-A (SEX
 TRAFFICKING OF  A  CHILD);  section  240.25  (harassment  in  the  first
 degree);  subdivision  one,  two  or  four of section 240.30 (aggravated
 harassment in the second degree); SECTION 240.50 (FALSELY  REPORTING  AN
 INCIDENT  IN  THE  THIRD  DEGREE);  SECTION 240.55 (FALSELY REPORTING AN
 INCIDENT IN THE SECOND DEGREE); SECTION  240.60  (FALSELY  REPORTING  AN
 INCIDENT  IN  THE FIRST DEGREE); SECTION 260.10 (ENDANGERING THE WELFARE
 OF A CHILD); SUBDIVISION TWO OF SECTION 265.01 (CRIMINAL POSSESSION OF A
 WEAPON IN THE FOURTH DEGREE); SUBDIVISION ONE OF SECTION 265.02  (CRIMI-
 NAL  POSSESSION  OF  A  WEAPON  IN THE THIRD DEGREE); SUBDIVISION ONE OF
 SECTION 265.03 (CRIMINAL POSSESSION OF A WEAPON IN THE  SECOND  DEGREE);
 SUBDIVISION  ONE  OF  SECTION 265.04 (CRIMINAL POSSESSION OF A WEAPON IN
 THE FIRST DEGREE); section 490.10 (soliciting or providing  support  for
 an act of terrorism in the second degree); section 490.15 (soliciting or
 providing  support for an act of terrorism in the first degree); section
 490.20 (making a terroristic threat); section 490.25 (crime  of  terror-
 ism);  section  490.30 (hindering prosecution of terrorism in the second
 degree); section 490.35 (hindering prosecution of terrorism in the first
 degree); section 490.37 (criminal possession of  a  chemical  weapon  or
 biological  weapon  in  the  third  degree);  section  490.40  (criminal
 possession of a chemical weapon  or  biological  weapon  in  the  second
 degree);  section  490.45  (criminal  possession of a chemical weapon or
 biological weapon in the first degree); section 490.47 (criminal use  of
 a  chemical  weapon  or  biological weapon in the third degree); section
 490.50 (criminal use of a chemical weapon or biological  weapon  in  the
 second  degree);  section  490.55  (criminal use of a chemical weapon or
 biological weapon in the first degree); or any attempt or conspiracy  to
 commit any of the foregoing offenses.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
                                  PART D
 
   Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
 the correction law, the governor is  authorized  to  close  up  to  five
 correctional  facilities  of the department of corrections and community
 supervision, in the state fiscal year 2024-2025, as the governor  deter-
 mines  to be necessary for the cost-effective and efficient operation of
 the correctional system, provided that the governor provides at least 90
 days notice prior to any such closures to the temporary president of the
 senate and the speaker of the assembly. Such notice  shall  include  the
 list  of facilities the governor plans to close, the number of incarcer-
 S. 8305--A                          7                         A. 8805--A
 
 ated individuals in said facilities, and the number of staff working  in
 said  facilities.  The  commissioner of corrections and community super-
 vision shall also report in detail to the  temporary  president  of  the
 senate  and  the  speaker  of the assembly on the results of staff relo-
 cation efforts within 60 days after such closure.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2024 and shall
 expire and be deemed repealed March 31, 2025.
 
                                  PART E
 
   Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
 law,  as  amended  by  section  1 of part G of chapter 55 of the laws of
 2022, is amended to read as follows:
   (b) The sum of one million  five  hundred  thousand  dollars  must  be
 deposited into the New York state emergency services revolving loan fund
 annually;  provided,  however, that such sums shall not be deposited for
 state fiscal years two thousand eleven--two thousand twelve,  two  thou-
 sand  twelve--two thousand thirteen, two thousand fourteen--two thousand
 fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
 sixteen--two  thousand  seventeen,  two thousand seventeen--two thousand
 eighteen, two thousand eighteen--two  thousand  nineteen,  two  thousand
 nineteen--two  thousand  twenty, two thousand twenty--two thousand twen-
 ty-one, two thousand twenty-one--two thousand twenty-two,  two  thousand
 twenty-two--two  thousand twenty-three, [and] two thousand twenty-three-
 -two thousand twenty-four, TWO THOUSAND TWENTY-FOUR--TWO THOUSAND  TWEN-
 TY-FIVE, AND TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX;
   § 2. This act shall take effect April 1, 2024.
 
                                  PART F
 
   Section 1. Legislative purpose. The objective of this act, which shall
 be  referred  to  as  the  "New York State Judicial Security Act", is to
 improve the safety and security of judges of the courts of  the  unified
 court  system  and  of  the federal courts sitting in New York state, of
 certain other persons working in or with these courts, and of the  imme-
 diate  families  of  all  of  the foregoing. Greater confidence in their
 personal safety and security, and in that of their family members,  will
 enable  members  of the judiciary to perform their duties fairly without
 fear of personal reprisal by litigants and others affected by the  deci-
 sions of, judges and others who work in and with the courts.
   This  objective will be accomplished by providing a means by which (i)
 private information concerning active and former judges, and nonjudicial
 court personnel, and their immediate families can be  kept  from  public
 display;  and  (ii)  persons,  businesses,  associations, and public and
 private agencies having such information can be forbidden  from  posting
 it, or sharing or trading it with others.
   This  act  shall  be  broadly  construed  to  favor protections of the
 private information of those persons designated hereunder  as  "eligible
 individuals".
   § 2. The judiciary law is amended by adding a new article 22-C to read
 as follows:
                               ARTICLE 22-C
                   NEW YORK STATE JUDICIAL SECURITY ACT
 SECTION 859. NEW YORK STATE JUDICIAL SECURITY ACT.
 S. 8305--A                          8                         A. 8805--A
 
   §  859.  NEW YORK STATE JUDICIAL SECURITY ACT. 1. DEFINITIONS. AS USED
 IN THIS ARTICLE:
   (A) "ELIGIBLE INDIVIDUAL" SHALL MEAN:
   (I) AN ACTIVELY EMPLOYED OR FORMER:
   (A) JUDGE OR JUSTICE OF THE UNIFIED COURT SYSTEM OR JUDGE OF THE HOUS-
 ING PART OF THE CIVIL COURT OF THE CITY OF NEW YORK;
   (B) CLERK OF A COURT OF THE UNIFIED COURT SYSTEM OR OF A FEDERAL COURT
 SITTING IN NEW YORK;
   (C)  EMPLOYEE OF THE UNITED STATES MARSHAL SERVICE SERVING IN NEW YORK
 OR EMPLOYEE OF THE UNIFIED COURT SYSTEM OR A  POLITICAL  SUBDIVISION  OF
 THE  STATE WHOSE OFFICIAL DUTIES INCLUDE THE PROVISION OF COURT SECURITY
 SERVICES; OR
   (D) EMPLOYEE OF THE UNIFIED COURT SYSTEM OR OF A FEDERAL COURT  ESTAB-
 LISHED  IN  NEW  YORK, NOT OTHERWISE INCLUDED IN THIS PARAGRAPH, WHO HAS
 BEEN SO DESIGNATED BY THE CHIEF ADMINISTRATOR OR THE APPROPRIATE  ADMIN-
 ISTRATIVE  AUTHORITY  FOR  THE  FEDERAL  COURTS, RESPECTIVELY, WHERE, IN
 THEIR OPINION, THERE IS EITHER EVIDENCE OF A  PARTICULARIZED  THREAT  OR
 THREATS  TOWARDS  SUCH  EMPLOYEE  OR  THE EMPLOYEE'S DUTIES WARRANT SUCH
 DESIGNATION IN ORDER TO PROVIDE FOR THE  SAFETY  AND  SECURITY  OF  SUCH
 EMPLOYEE; OR
   (II)  A  FEDERAL JUDGE OR A SENIOR, RECALLED, OR RETIRED FEDERAL JUDGE
 SITTING OR MAINTAINING CHAMBERS IN NEW YORK, WHERE  SUCH  FEDERAL  JUDGE
 MEANS:
   (A) A JUSTICE OF THE UNITED STATES OR A JUDGE OF THE UNITED STATES, AS
 THOSE TERMS ARE DEFINED IN SECTION 451 OF TITLE 28, UNITED STATES CODE;
   (B) A BANKRUPTCY JUDGE APPOINTED UNDER SECTION 152 OF TITLE 28, UNITED
 STATES CODE;
   (C)  A  UNITED  STATES MAGISTRATE JUDGE APPOINTED UNDER SECTION 631 OF
 TITLE 28, UNITED STATES CODE;
   (D) A JUDGE CONFIRMED BY THE UNITED STATES  SENATE  AND  EMPOWERED  BY
 STATUTE  IN  ANY  COMMONWEALTH,  TERRITORY, OR POSSESSION TO PERFORM THE
 DUTIES OF A FEDERAL JUDGE;
   (E) A JUDGE OF THE UNITED STATES COURT  OF  FEDERAL  CLAIMS  APPOINTED
 UNDER SECTION 171 OF TITLE 28, UNITED STATES CODE;
   (F)  A JUDGE OF THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
 APPOINTED UNDER SECTION 7253 OF TITLE 38, UNITED STATES CODE;
   (G) A JUDGE OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
 APPOINTED UNDER SECTION 942 OF TITLE 10, UNITED STATES CODE;
   (H) A JUDGE OF THE UNITED STATES TAX  COURT  APPOINTED  UNDER  SECTION
 7443 OF THE INTERNAL REVENUE CODE OF 1986; OR
   (I)  A  SPECIAL  TRIAL  JUDGE OF THE UNITED STATES TAX COURT APPOINTED
 UNDER SECTION 7443A OF THE INTERNAL REVENUE CODE OF 1986.
   (B) "IMMEDIATE FAMILY" SHALL MEAN, FOR EACH ELIGIBLE  INDIVIDUAL,  THE
 SPOUSE,  FORMER SPOUSE, PARENT, CHILD, SIBLING, AND ANY OTHER PERSON WHO
 REGULARLY RESIDES OR HAS REGULARLY RESIDED IN THE ELIGIBLE  INDIVIDUAL'S
 HOUSEHOLD.
   (C) "PERSONAL INFORMATION" SHALL INCLUDE THE FOLLOWING FOR AN ELIGIBLE
 INDIVIDUAL  AND, IF SUCH INDIVIDUAL SO INDICATES AS PROVIDED IN SUBPARA-
 GRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, FOR  THE
 MEMBERS  OF  THEIR IMMEDIATE FAMILY: (I) HOME ADDRESS, INCLUDING PRIMARY
 RESIDENCE AND SECONDARY  RESIDENCES;  (II)  UNLISTED  TELEPHONE  NUMBER;
 (III)  PERSONAL  CELL  PHONE  NUMBER;  (IV)  PERSONAL EMAIL ADDRESS; (V)
 SOCIAL SECURITY NUMBER; (VI) DRIVER LICENSE NUMBER; (VII) LICENSE  PLATE
 NUMBER;  (VIII)  MARITAL  STATUS  AND IDENTITY OF ANY PRESENT AND FORMER
 SPOUSE; (IX) IDENTITY OF CHILDREN UNDER THE AGE OF TWENTY-SIX; (X)  NAME
 AND  ADDRESS  OF  A SCHOOL OR DAY CARE FACILITY ATTENDED BY AN IMMEDIATE
 S. 8305--A                          9                         A. 8805--A
 
 FAMILY MEMBER; (XI) BANK ACCOUNT NUMBER;  (XII)  CREDIT  OR  DEBIT  CARD
 NUMBER;  (XIII) PERSONAL IDENTIFICATION NUMBER (PIN); (XIV) AUTOMATED OR
 ELECTRONIC SIGNATURE; (XV) UNIQUE  BIOMETRIC  DATA;  AND  (XVI)  ACCOUNT
 PASSWORDS.
   (D)  "MAKING  PUBLIC THE PERSONAL INFORMATION" OF AN IDENTIFIED PERSON
 SHALL MEAN ANY EFFORT OR ACTION BY A PERSON, BUSINESS,  ASSOCIATION,  OR
 PUBLIC OR PRIVATE AGENCY TO POST ON THE INTERNET OR OTHERWISE DISPLAY OR
 PUBLISH  IN ANY MEDIUM ACCESSIBLE TO THE PUBLIC SUCH IDENTIFIED PERSON'S
 PERSONAL INFORMATION, TO SHARE OR TRADE SUCH INFORMATION WITH OTHERS, OR
 TO OTHERWISE TRANSFER SUCH INFORMATION TO OTHERS.
   (E) "WRITTEN REQUEST" MEANS AN APPLICATION IN WRITING AND SIGNED BY AN
 ELIGIBLE INDIVIDUAL, OR THEIR REPRESENTATIVE, REQUESTING THAT THE  CHIEF
 ADMINISTRATOR  OF  THE  COURTS OR THE ELIGIBLE INDIVIDUAL'S EMPLOYER, AS
 APPROPRIATE, NOTIFY ONE OR MORE PERSONS,  BUSINESSES,  ASSOCIATIONS,  OR
 PUBLIC  OR  PRIVATE  AGENCIES,  OTHER THAN AN EXCLUDED ENTITY, THAT THEY
 MUST REFRAIN FROM MAKING PUBLIC THE PERSONAL INFORMATION OF THAT  ELIGI-
 BLE INDIVIDUAL.
   (F) "EXCLUDED ENTITY" MEANS A COMMERCIAL ENTITY ENGAGED IN THE FOLLOW-
 ING ACTIVITY:
   (I) REPORTING, NEWS-GATHERING, SPEAKING, OR OTHER ACTIVITY INTENDED TO
 INFORM THE PUBLIC ON MATTERS OF PUBLIC INTEREST OR PUBLIC CONCERN;
   (II)  USING PERSONAL INFORMATION INTERNALLY, PROVIDING ACCESS TO BUSI-
 NESSES UNDER COMMON OWNERSHIP OR AFFILIATED  BY  CORPORATE  CONTROL,  OR
 SELLING  OR  PROVIDING  DATA  FOR TRANSACTION OR SERVICE REQUESTED BY OR
 CONCERNING THE INDIVIDUAL WHOSE PERSONAL  INFORMATION  IS  BEING  TRANS-
 FERRED;
   (III)  PROVIDING  PUBLICLY AVAILABLE INFORMATION VIA REAL-TIME OR NEAR
 REAL-TIME ALERT SERVICES FOR HEALTH OR SAFETY PURPOSES;
   (IV) ANY ACTIVITY WHERE THE COMMERCIAL ENTITY IS A CONSUMER  REPORTING
 AGENCY  SUBJECT  TO  THE  FAIR  CREDIT REPORTING ACT (15 U.S.C. 1681, ET
 SEQ.);
   (V) ANY ACTIVITY WHERE THE COMMERCIAL ENTITY IS A  FINANCIAL  INSTITU-
 TION  SUBJECT  TO  THE  GRAMM-LEACH-BLILEY  ACT (PUBLIC LAW 106-102) AND
 REGULATIONS IMPLEMENTING THAT ACT; AND
   (VI) THE COLLECTION AND SALE  OR  LICENSING  OF  PERSONAL  INFORMATION
 INCIDENTAL TO CONDUCTING THE ACTIVITIES DESCRIBED IN THIS PARAGRAPH.
   (G)  "PUBLIC AGENCY" SHALL MEAN AN AGENCY OF THE STATE OF NEW YORK AND
 ANY OF ITS POLITICAL SUBDIVISIONS.
   2. WRITTEN REQUEST; NOTIFICATION BY CHIEF ADMINISTRATOR OF THE  COURTS
 OR EMPLOYER. (A) THIS SUBDIVISION SHALL APPLY TO EVERY ELIGIBLE INDIVID-
 UAL.   AN ELIGIBLE INDIVIDUAL OR THEIR REPRESENTATIVE MAY SUBMIT A WRIT-
 TEN REQUEST TO THE CHIEF ADMINISTRATOR OF THE COURTS,  IF  THE  ELIGIBLE
 INDIVIDUAL  IS  AN ACTIVE OR FORMER JUDGE, JUSTICE, JUDGE OF THE HOUSING
 PART OF THE CIVIL COURT OF THE CITY OF NEW YORK, OR NONJUDICIAL EMPLOYEE
 OF THE UNIFIED COURT SYSTEM, OR, IF NOT, TO  THE  ELIGIBLE  INDIVIDUAL'S
 EMPLOYER  OR, IF THE ELIGIBLE INDIVIDUAL IS NO LONGER IN SERVICE, TO THE
 PERSON OR OFFICE WHO WOULD BE THEIR EMPLOYER WERE SUCH INDIVIDUAL  STILL
 IN  SERVICE. FOR PURPOSES OF THIS SUBDIVISION, THE EMPLOYER OF A FEDERAL
 JUDGE SHALL BE THE APPROPRIATE ADMINISTRATIVE AUTHORITY FOR THE COURT IN
 WHICH SUCH FEDERAL JUDGE SERVES. THE WRITTEN REQUEST SHALL SPECIFY:
   (I) THOSE ITEMS OF PERSONAL INFORMATION THAT THE  ELIGIBLE  INDIVIDUAL
 WISHES TO BE KEPT FROM BEING MADE PUBLIC;
   (II)  THE  IDENTITY  OF MEMBERS OF THE ELIGIBLE INDIVIDUAL'S IMMEDIATE
 FAMILY AND WHETHER, FOR PURPOSES OF THE WRITTEN REQUEST, THEIR  PERSONAL
 INFORMATION  SHOULD  BE  DEEMED TO INCLUDE THAT OF SUCH IMMEDIATE FAMILY
 MEMBERS; AND
 S. 8305--A                         10                         A. 8805--A

   (III) EACH PERSON, BUSINESS, ASSOCIATION, AND PUBLIC OR PRIVATE AGENCY
 THAT THE ELIGIBLE INDIVIDUAL  WISHES  TO  BAR  FROM  MAKING  PUBLIC  THE
 PERSONAL INFORMATION OF SUCH ELIGIBLE INDIVIDUAL.
   (B)  THE  CHIEF  ADMINISTRATOR  AND  EACH  EMPLOYER TO WHICH A WRITTEN
 REQUEST MAY BE SUBMITTED UNDER THIS SUBDIVISION SHALL DEVELOP PROCEDURES
 TO REVIEW AND PROCESS SUCH REQUESTS.
   (C) (I) IF A WRITTEN  REQUEST  HAS  BEEN  PROPERLY  SUBMITTED  AND  IS
 COMPLETE,  THE  CHIEF  ADMINISTRATOR OR EMPLOYER, AS APPROPRIATE, SHALL,
 WITHIN FIVE BUSINESS DAYS OF RECEIPT OF SUCH  WRITTEN  REQUEST  FROM  AN
 ELIGIBLE  INDIVIDUAL,  NOTIFY  EACH  PERSON,  BUSINESS, ASSOCIATION, AND
 PUBLIC OR PRIVATE AGENCY IDENTIFIED IN  THE  WRITTEN  REQUEST  THAT  (A)
 BEGINNING WITHIN SEVENTY-TWO HOURS OF RECEIPT OF SUCH NOTIFICATION, THEY
 MUST  CEASE MAKING PUBLIC THE PERSONAL INFORMATION OF THE ELIGIBLE INDI-
 VIDUAL IDENTIFIED IN SUCH REQUEST, AND (B) WITHIN TWENTY  BUSINESS  DAYS
 OF SUCH RECEIPT, MUST DELETE OR OTHERWISE REMOVE ANY EXISTING POSTING ON
 THE  INTERNET AND ANY DISPLAY OR PUBLICATION IN ANY MEDIUM ACCESSIBLE TO
 THE PUBLIC CONTAINING SUCH PERSONAL INFORMATION AS IS SPECIFIED  IN  THE
 WRITTEN REQUEST OF THE ELIGIBLE INDIVIDUAL ON WHOSE BEHALF THE NOTIFICA-
 TION  IS  MADE. FOR PURPOSES OF THIS SUBPARAGRAPH, NOTIFICATION SHALL BE
 BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, EITHER AT  THE  RECIPIENT'S
 LAST  KNOWN  RESIDENCE  (IF RECIPIENT IS A PERSON) OR AT THE RECIPIENT'S
 PRINCIPAL OFFICE (WHICH SHALL BE THE LOCATION AT WHICH THE OFFICE OF THE
 CHIEF EXECUTIVE OFFICER OF THE RECIPIENT IS GENERALLY LOCATED).
   (II) NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH TO THE  CONTRARY,
 SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY TO:
   (A) DISPLAY ON THE INTERNET OF THE PERSONAL INFORMATION OF AN ELIGIBLE
 INDIVIDUAL IF SUCH INFORMATION IS RELEVANT TO AND DISPLAYED AS PART OF A
 NEWS STORY, COMMENTARY, EDITORIAL, OR OTHER SPEECH ON A MATTER OF PUBLIC
 CONCERN;
   (B)  PERSONAL  INFORMATION  THAT  THE  ELIGIBLE INDIVIDUAL VOLUNTARILY
 PUBLISHES ON THE INTERNET AFTER THE EFFECTIVE DATE OF THIS SECTION;
   (C) PERSONAL INFORMATION RECEIVED FROM A  PUBLIC  AGENCY  OR  FROM  AN
 AGENCY OF THE FEDERAL GOVERNMENT; AND
   (D)  PERMISSIBLE USES OF PERSONAL INFORMATION PURSUANT TO THE DRIVER'S
 PRIVACY PROTECTION ACT (18 U.S.C. § 2721 ET SEQ.), EXCEPT THAT NO ELIGI-
 BLE INDIVIDUAL MAKING A WRITTEN REQUEST  UNDER  THIS  ARTICLE  SHALL  BE
 DEEMED  TO  HAVE GIVEN EXPRESS CONSENT TO SHARE PERSONAL INFORMATION FOR
 THE PURPOSES OF 18 U.S.C. § 2721(B), UNLESS THE WRITTEN REQUEST CONTAINS
 AN EXPRESS DECLARATION TO THE CONTRARY.
   3. DURATION OF NOTIFICATION. A NOTIFICATION ISSUED BY OR ON BEHALF  OF
 AN  ELIGIBLE  INDIVIDUAL  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION
 EXPIRES ON THEIR DEATH; PROVIDED, HOWEVER, WHERE  A  NOTIFICATION  HERE-
 UNDER  BARS  MAKING  PUBLIC  THE  PERSONAL INFORMATION OF A MEMBER OF AN
 ELIGIBLE INDIVIDUAL'S IMMEDIATE FAMILY, THAT BAR SHALL REMAIN IN  EFFECT
 UNTIL  THE  DEATH  OF SUCH IMMEDIATE FAMILY MEMBER UNLESS THAT PERSON OR
 THE ELIGIBLE INDIVIDUAL SOONER RESCINDS IT. IF  AN  ELIGIBLE  INDIVIDUAL
 WISHES  TO  RESCIND SUCH A NOTIFICATION, THEY OR THE CHIEF ADMINISTRATOR
 OF THE COURTS OR THE ELIGIBLE  INDIVIDUAL'S  EMPLOYER,  AS  APPROPRIATE,
 UPON  REQUEST  FROM  THE COVERED INDIVIDUAL, MAY PROVIDE A PERSON, BUSI-
 NESS, ASSOCIATION, OR PUBLIC OR PRIVATE AGENCY WITH  WRITTEN  PERMISSION
 TO MAKE PUBLIC THEIR PERSONAL INFORMATION.
   4.  RECIPIENT  OF  NOTIFICATION  NOT  TO MAKE AN ELIGIBLE INDIVIDUAL'S
 PERSONAL INFORMATION PUBLIC; JUDICIAL RELIEF AVAILABLE UPON  NON-COMPLI-
 ANCE.  (A)  AFTER  A PERSON, BUSINESS, ASSOCIATION, OR PUBLIC OR PRIVATE
 AGENCY HAS RECEIVED A NOTIFICATION PURSUANT TO PARAGRAPH (C) OF SUBDIVI-
 SION TWO OF THIS SECTION, THEY SHALL HAVE (I) SEVENTY-TWO HOURS TO CEASE
 S. 8305--A                         11                         A. 8805--A
 
 MAKING PUBLIC THE PERSONAL INFORMATION OF THE ELIGIBLE INDIVIDUAL  IDEN-
 TIFIED  IN SUCH NOTIFICATION, AND (II) TWENTY BUSINESS DAYS WITHIN WHICH
 TO DELETE OR OTHERWISE REMOVE ANY EXISTING POSTINGS ON THE INTERNET  AND
 ANY  DISPLAY  OR  PUBLICATION  IN  ANY  MEDIUM  ACCESSIBLE TO THE PUBLIC
 CONTAINING SUCH PERSONAL INFORMATION.
   (B) AN ELIGIBLE INDIVIDUAL  MAY  SEEK  AN  INJUNCTION  OR  DECLARATORY
 RELIEF  IN A COURT OF COMPETENT JURISDICTION AGAINST A PERSON, BUSINESS,
 ASSOCIATION, OR PUBLIC OR PRIVATE AGENCY THAT, AFTER RECEIVING A NOTIFI-
 CATION PURSUANT TO PARAGRAPH (C) OF SUBDIVISION  TWO  OF  THIS  SECTION,
 FAILS  TO  TIMELY  COMPLY WITH THE REQUIREMENTS OF SUCH NOTIFICATION. IF
 THE COURT GRANTS SUCH INJUNCTIVE OR  DECLARATORY  RELIEF,  THE  AFFECTED
 PERSON,  BUSINESS,  ASSOCIATION,  OR AGENCY SHALL BE REQUIRED TO PAY THE
 ELIGIBLE INDIVIDUAL'S COSTS AND REASONABLE ATTORNEY'S FEES.
   (C) UPON A VIOLATION OF ANY ORDER GRANTING INJUNCTIVE  OR  DECLARATIVE
 RELIEF  OBTAINED  PURSUANT  TO  THIS SUBDIVISION, THE COURT ISSUING SUCH
 ORDER MAY: (I) WHERE THE VIOLATOR IS A PUBLIC AGENCY, IMPOSE A FINE  NOT
 EXCEEDING  ONE  THOUSAND  DOLLARS AND REQUIRE THE PAYMENT OF COURT COSTS
 AND REASONABLE ATTORNEY FEES; OR (II) WHERE THE VIOLATOR  IS  A  PERSON,
 BUSINESS,  ASSOCIATION, OR PRIVATE AGENCY, AWARD DAMAGES TO THE AFFECTED
 ELIGIBLE INDIVIDUAL IN AN AMOUNT UP TO A  MAXIMUM  OF  THREE  TIMES  THE
 ACTUAL DAMAGES, BUT NOT LESS THAN FOUR THOUSAND DOLLARS, AND REQUIRE THE
 PAYMENT OF COURT COSTS AND REASONABLE ATTORNEY FEES.
   5.    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE DEPARTMENT
 OF MOTOR VEHICLES RECEIVES A NOTIFICATION PURSUANT TO PARAGRAPH  (C)  OF
 SUBDIVISION  TWO OF THIS SECTION, SUCH DEPARTMENT SHALL COMPLY THEREWITH
 EXCEPT THAT, WHERE THE NOTIFICATION REQUIRES  THE  DEPARTMENT  TO  CEASE
 MAKING A PERSON'S ADDRESS PUBLIC, THE DEPARTMENT MAY MAKE THEIR BUSINESS
 ADDRESS PUBLIC.
   §  3.  Section 120.09 of the penal law, as added by chapter 148 of the
 laws of 2011, is amended to read as follows:
 § 120.09 Assault on a judge.
   A person is guilty of assault on a judge when, with intent  to  [cause
 serious  physical  injury  and] prevent a judge from performing official
 judicial duties, [he or she] SUCH PERSON causes serious physical  injury
 to  such judge.  [For the purposes of this section, the term judge shall
 mean a judge of a court of record or a justice court.]
   Assault on a judge is a class C felony.
   § 4. The penal law is amended by adding a new section 120.09-a to read
 as follows:
 § 120.09-A AGGRAVATED ASSAULT ON A JUDGE.
   A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE WHEN, WITH  INTENT
 TO  CAUSE  SERIOUS  PHYSICAL  INJURY AND PREVENT A JUDGE FROM PERFORMING
 OFFICIAL JUDICIAL DUTIES, SUCH PERSON CAUSES SERIOUS PHYSICAL INJURY  TO
 SUCH JUDGE.
   AGGRAVATED ASSAULT ON A JUDGE IS A CLASS B FELONY.
   §  5.  The penal law is amended by adding a new section 120.41 to read
 as follows:
 § 120.41 ADDITIONAL DEFINITIONS.
   FOR PURPOSES OF SECTIONS 120.09, 120.09-A, 120.45, 120.50, 120.55  AND
 120.60 OF THIS ARTICLE:
   1.  "SOCIAL  NETWORKING  WEBSITES" SHALL MEAN WEBSITES ON THE INTERNET
 THAT PERMIT PERSONS TO BE REGISTERED USERS FOR THE PURPOSE OF ESTABLISH-
 ING RELATIONSHIPS WITH OTHER USERS, WHERE SUCH PERSONS  (I)  MAY  CREATE
 WEB  PAGES  OR PROFILES THAT PROVIDE INFORMATION ABOUT THEMSELVES AND/OR
 UPLOAD PHOTOS, VIDEO, WRITTEN POSTS, AND OTHER CONTENT  WHERE  SUCH  WEB
 PAGES  OR PROFILES ARE AVAILABLE TO THE PUBLIC OR TO OTHER USERS, AND/OR
 S. 8305--A                         12                         A. 8805--A
 
 (II) MAY COMMUNICATE WITH OTHER  USERS,  SUCH  AS  THROUGH  CHAT  ROOMS,
 INSTANT MESSENGER, DIRECT MESSAGING, EMAILING, AND/OR MESSAGE BOARDS.
   2.  "PERSONAL  INFORMATION"  SHALL INCLUDE, BUT IS NOT LIMITED TO, THE
 FOLLOWING: (I) HOME ADDRESS, (II) TELEPHONE  NUMBER,  (III)  CELL  PHONE
 NUMBER,  (IV)  EMAIL  ADDRESS,  (V)  SOCIAL SECURITY NUMBER, (VI) DRIVER
 LICENSE NUMBER, (VII) MARITAL STATUS AND IDENTITY  OF  ANY  PRESENT  AND
 FORMER  SPOUSE,  (VIII)  IDENTITY  OF CHILDREN UNDER EIGHTEEN, (IX) BANK
 ACCOUNT NUMBER, (X) CREDIT OR DEBIT CARD NUMBER, (XI) PERSONAL IDENTIFI-
 CATION NUMBER (PIN), (XII) AUTOMATED  OR  ELECTRONIC  SIGNATURE,  (XIII)
 UNIQUE BIOMETRIC DATA, AND (XIV) ACCOUNT PASSWORDS.
   3. "JUDGE" SHALL INCLUDE AN EMPLOYED OR FORMER JUDGE OR JUSTICE OF THE
 UNIFIED COURT SYSTEM, A JUDGE OR FORMER JUDGE OF THE HOUSING PART OF THE
 CIVIL  COURT OF THE CITY OF NEW YORK, AND AN ACTIVELY EMPLOYED OR FORMER
 FEDERAL JUDGE OR MAGISTRATE WHO SITS IN NEW YORK STATE (OR, IF A  FORMER
 FEDERAL JUDGE OR MAGISTRATE, WHO, WHILE ACTIVE, SAT IN NEW YORK STATE).
   §  6.  Subdivision 2 of section 120.45 of the penal law, as amended by
 chapter 184 of the laws of 2014, is amended to read as follows:
   2. causes material harm to the mental  or  emotional  health  of  such
 person, where such conduct consists of EITHER (I) following, telephoning
 or  initiating  communication  or  contact with such person, a member of
 such person's immediate family or a third party with whom such person is
 acquainted, and the actor was previously clearly informed to cease  that
 conduct,  OR  (II) DISSEMINATING PERSONAL INFORMATION THROUGH OR POSTING
 PERSONAL INFORMATION ON SOCIAL NETWORKING WEBSITES ABOUT SUCH PERSON,  A
 MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY OR A THIRD PARTY WITH WHOM SUCH
 PERSON IS ACQUAINTED; or
   § 7. The second undesignated paragraph of section 120.45  of the penal
 law,  as added by chapter 184 of the laws of 2014, is amended to read as
 follows:
   For the purposes of THIS  SECTION,  IT  SHALL  CONSTITUTE  PRESUMPTIVE
 EVIDENCE  OF  "HAVING  NO LEGITIMATE PURPOSE" WHEN (I) THE VICTIM OF THE
 CONDUCT DESCRIBED UNDER THIS SECTION IS AN ACTIVE OR FORMER JUDGE, OR  A
 MEMBER  OF  THEIR IMMEDIATE FAMILY, AND (II) THE PERSON CHARGED PURSUANT
 TO THIS SECTION, OR A MEMBER OF SUCH PERSON'S IMMEDIATE FAMILY,  WAS  OR
 IS  A  PARTY  TO  A  JUDICIAL  PROCEEDING PENDING BEFORE THAT JUDGE. FOR
 PURPOSES OF subdivision two of this section, "following"  shall  include
 the unauthorized tracking of such person's movements or location through
 the  use of a global positioning system or other device, AND ANY POSTING
 ON SOCIAL NETWORKING WEBSITES OF PERSONAL INFORMATION SHALL  BE  CONSID-
 ERED A "COURSE OF CONDUCT" WHEN THE DEFENDANT HAS BEEN NOTIFIED THAT THE
 INDIVIDUAL  WHOSE PERSONAL INFORMATION HAS BEEN POSTED HAS REQUESTED THE
 DISSEMINATION CEASE AND/OR THE POSTING BE DELETED OR  OTHERWISE  REMOVED
 FROM  ONLINE  PUBLICATION AND SEVENTY-TWO HOURS HAVE ELAPSED WITHOUT THE
 DEFENDANT REQUESTING OR COMPLETING SUCH CESSATION, DELETION, OR REMOVAL.
   § 8. Subdivision 5 of section 120.55 of the penal  law,  as  added  by
 chapter  598  of the laws of 2003, is amended and a new subdivision 6 is
 added to read as follows:
   5. Commits the crime of stalking in the third degree,  as  defined  in
 subdivision three of section 120.50 of this article, against ten or more
 persons,  in  ten or more separate transactions, for which the actor has
 not been previously convicted[.]; OR
   6. COMMITS THE CRIME OF STALKING IN THE FOURTH DEGREE, AS  DEFINED  IN
 SECTION 120.45 OF THIS ARTICLE, AGAINST A JUDGE OR A MEMBER OF A JUDGE'S
 IMMEDIATE FAMILY.
   § 9. Section 120.60 of the penal law, as amended by chapter 434 of the
 laws of 2000, is amended to read as follows:
 S. 8305--A                         13                         A. 8805--A
 
 § 120.60 Stalking in the first degree.
   A  person  is  guilty of stalking in the first degree when [he or she]
 SUCH PERSON:
   1. commits the crime of stalking in the third  degree  as  defined  in
 subdivision  three of section 120.50 or stalking in the second degree as
 defined in section 120.55 of this article and, in the course and  furth-
 erance thereof, [he or she] SUCH PERSON:
   [1.](A)  intentionally  or  recklessly  causes  physical injury to the
 victim of such crime; or
   [2.](B) commits a class A misdemeanor defined in article  one  hundred
 thirty  of  this chapter, or a class E felony defined in section 130.25,
 130.40 or 130.85 of this chapter, or a class D felony defined in section
 130.30 or 130.45 of this chapter; OR
   2. COMMITS THE CRIME OF STALKING IN THE SECOND DEGREE, AS  DEFINED  IN
 SUBDIVISION  SIX OF SECTION 120.55, AND HAS PREVIOUSLY BEEN CONVICTED OF
 AN OFFENSE DEFINED UNDER THIS SECTION  OR  SECTION  120.45,  120.50,  OR
 120.55 OF THIS ARTICLE WITHIN THE PRIOR FIVE YEARS.
   Stalking in the first degree is a class D felony.
   §  10. The penal law is amended by adding a new section 240.33 to read
 as follows:
 § 240.33 AGGRAVATED HARASSMENT OF A JUDGE.
   A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A JUDGE WHEN:
   1. WITH INTENT TO HARASS ANOTHER PERSON, THE ACTOR EITHER:
   (A) COMMUNICATES, ANONYMOUSLY OR OTHERWISE, BY TELEPHONE, BY  COMPUTER
 OR  ANY OTHER ELECTRONIC MEANS, OR BY MAIL, OR BY TRANSMITTING OR DELIV-
 ERING ANY OTHER FORM OF COMMUNICATION, A THREAT TO CAUSE  PHYSICAL  HARM
 TO,  OR  UNLAWFUL  HARM  TO THE PROPERTY OF, A PERSON THE ACTOR KNOWS OR
 REASONABLY SHOULD KNOW IS A JUDGE, OR A MEMBER OF SUCH JUDGE'S IMMEDIATE
 FAMILY, AND THE ACTOR KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNI-
 CATION WILL CAUSE SUCH JUDGE TO REASONABLY FEAR  HARM  TO  SUCH  JUDGE'S
 PHYSICAL  SAFETY OR PROPERTY, OR TO THE PHYSICAL SAFETY OR PROPERTY OF A
 MEMBER OF SUCH JUDGE'S IMMEDIATE FAMILY; OR
   (B) CAUSES A COMMUNICATION TO BE INITIATED ANONYMOUSLY  OR  OTHERWISE,
 BY  TELEPHONE, BY COMPUTER OR ANY OTHER ELECTRONIC MEANS, OR BY MAIL, OR
 BY TRANSMITTING OR DELIVERING ANY OTHER FORM OF COMMUNICATION, A  THREAT
 TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM TO THE PROPERTY OF, A PERSON
 THE  ACTOR  KNOWS  OR  REASONABLY SHOULD KNOW IS A JUDGE, OR A MEMBER OF
 SUCH JUDGE'S IMMEDIATE FAMILY, AND THE ACTOR KNOWS OR REASONABLY  SHOULD
 KNOW  THAT  SUCH  COMMUNICATION WILL CAUSE SUCH JUDGE TO REASONABLY FEAR
 HARM TO SUCH PERSON'S PHYSICAL SAFETY OR PROPERTY, OR  TO  THE  PHYSICAL
 SAFETY OR PROPERTY OF A MEMBER OF SUCH JUDGE'S IMMEDIATE FAMILY; OR
   2.  WITH  INTENT  TO  HARASS  OR  THREATEN A PERSON THE ACTOR KNOWS OR
 REASONABLY SHOULD KNOW IS A JUDGE OR A MEMBER OF SUCH JUDGE'S  IMMEDIATE
 FAMILY,  THE ACTOR MAKES A TELEPHONE CALL, WHETHER OR NOT A CONVERSATION
 ENSUES, WITH NO PURPOSE OF LEGITIMATE COMMUNICATION; OR
   3. WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM  A  PERSON  THE
 ACTOR  KNOWS  OR  REASONABLY  SHOULD KNOW IS A JUDGE OR A MEMBER OF SUCH
 JUDGE'S IMMEDIATE FAMILY, THE ACTOR STRIKES, SHOVES, KICKS, OR OTHERWISE
 SUBJECTS ANOTHER PERSON TO PHYSICAL CONTACT, OR ATTEMPTS OR THREATENS TO
 DO THE SAME BECAUSE OF A BELIEF OR PERCEPTION  REGARDING  SUCH  PERSON'S
 RACE,  COLOR,  NATIONAL  ORIGIN,  ANCESTRY,  GENDER,  GENDER IDENTITY OR
 EXPRESSION, RELIGION, RELIGIOUS  PRACTICE,  AGE,  DISABILITY  OR  SEXUAL
 ORIENTATION,  REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT;
 OR
   4. WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM  A  PERSON  THE
 ACTOR  KNOWS  OR  REASONABLY  SHOULD KNOW IS A JUDGE OR A MEMBER OF SUCH
 S. 8305--A                         14                         A. 8805--A
 
 JUDGE'S IMMEDIATE FAMILY, THE ACTOR STRIKES, SHOVES, KICKS OR  OTHERWISE
 SUBJECTS  ANOTHER  PERSON  TO  PHYSICAL CONTACT THEREBY CAUSING PHYSICAL
 INJURY TO SUCH PERSON OR TO AN IMMEDIATE FAMILY MEMBER OF  SUCH  PERSON;
 OR
   5.  THE  ACTOR  COMMITS  THE  CRIME  OF HARASSMENT IN THE FIRST DEGREE
 AGAINST A PERSON THE ACTOR KNOWS OR REASONABLY SHOULD KNOW IS A JUDGE OR
 A MEMBER OF SUCH  JUDGE'S  IMMEDIATE  FAMILY  AND  HAS  PREVIOUSLY  BEEN
 CONVICTED  OF  THE CRIME OF HARASSMENT IN THE FIRST DEGREE AS DEFINED BY
 SECTION 240.25 OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS.
   FOR PURPOSES OF THIS SECTION: "JUDGE" SHALL  INCLUDE  AN  EMPLOYED  OR
 FORMER  JUDGE  OR JUSTICE OF THE UNIFIED COURT SYSTEM, A JUDGE OR FORMER
 JUDGE OF THE HOUSING PART OF THE CIVIL COURT OF THE CITY  OF  NEW  YORK,
 AND  AN ACTIVELY EMPLOYED OR FORMER FEDERAL JUDGE OR MAGISTRATE WHO SITS
 IN NEW YORK STATE (OR, IF A FORMER FEDERAL  JUDGE  OR  MAGISTRATE,  WHO,
 WHILE  ACTIVE,  SAT IN NEW YORK STATE); AND "IMMEDIATE FAMILY" MEANS THE
 SPOUSE, FORMER SPOUSE, PARENT, CHILD, SIBLING, OR ANY OTHER  PERSON  WHO
 REGULARLY RESIDES OR HAS REGULARLY RESIDED IN THE HOUSEHOLD OF A PERSON.
   AGGRAVATED HARASSMENT OF A JUDGE IS A CLASS E FELONY.
   §  11.  Section  3-220  of the election law is amended by adding a new
 subdivision 8 to read as follows:
   8. WHERE A BOARD OF ELECTIONS  RECEIVES  A  NOTIFICATION  PURSUANT  TO
 PARAGRAPH  (C) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED FIFTY-NINE OF
 THE JUDICIARY LAW, SUCH  BOARD  OF  ELECTIONS  SHALL  COMPLY  WITH  SUCH
 NOTIFICATION,   EXCEPT THAT WHERE THE NOTIFICATION REQUIRES THE BOARD OF
 ELECTIONS TO CEASE MAKING A PERSON'S ADDRESS PUBLIC,  SUCH  BOARD  SHALL
 NOT  COMPLY  THEREWITH  FROM  THE DATE OF FILING OF ANY BALLOT ACCESS OR
 RELATED DOCUMENT CONTAINING SUCH ADDRESS UNTIL THIRTY   DAYS  AFTER  THE
 LAST DAY TO COMMENCE A SPECIAL PROCEEDING OR ACTION WITH RESPECT TO SUCH
 FILING.
   §  12.  This act shall take effect on the ninetieth day after it shall
 have become a law;  provided, however, the provisions of sections three,
 four, five, six, seven, eight, nine and  ten  of  this  act  shall  take
 effect  the  first  day  of  November  next succeeding the ninetieth day
 following the date on which this act shall have become a law.
 
                                  PART G

   Section 1. Subdivision 8 of section 10 of the cannabis law, as amended
 by section 9 of part UU of chapter 56 of the laws of 2023, is amended to
 read as follows:
   8. To conduct regulatory inspections during normal business  hours  of
 any  place of business, including a vehicle OR STORAGE FACILITY used for
 such business, where medical  cannabis,  adult-use  cannabis,  cannabis,
 cannabis  product,  cannabinoid  hemp,  hemp  extract  products,  or any
 products marketed or labeled as such, are cultivated, processed, stored,
 distributed or sold by any person holding a  registration,  license,  or
 permit  under this chapter, or by any person who is engaging in activity
 for which a license would  be  required  under  this  chapter.  For  the
 purposes  of  this  subdivision, "place of business" shall not include a
 residence or other real property not otherwise held out as open  to  the
 public or otherwise being utilized in a business or commercial manner or
 any  private vehicle OR STORAGE FACILITY on or about the same such prop-
 erty, unless probable cause exists to believe that such residence,  real
 property,  or  vehicle  are  being  used  in such business or commercial
 manner for the activity described herein.
 S. 8305--A                         15                         A. 8805--A
 
   § 2. Subdivisions 3 and 5 of  section  11  of  the  cannabis  law,  as
 amended  by section 10 of part UU of chapter 56 of the laws of 2023, are
 amended to read as follows:
   3.  To  conduct regulatory inspections during normal business hours of
 any place of business, including a vehicle OR STORAGE FACILITY used  for
 such  business, where cannabis, cannabis product, cannabinoid hemp, hemp
 extract products, or any products  marketed  or  labeled  as  such,  are
 cultivated, processed, manufactured, DISTRIBUTED, STORED, or sold, irre-
 spective  of  whether a registration, license, or permit has been issued
 under this chapter. For the purposes  of  this  subdivision,  "place  of
 business"  shall  not  include  a  residence  or other real property not
 otherwise held out as open to the public or otherwise being utilized  in
 a business or commercial manner or any private vehicle OR STORAGE FACIL-
 ITY  on or about the same such property, unless probable cause exists to
 believe that such residence, real property, or vehicle are being used in
 such business or commercial manner for the activity described herein.
   5. To conduct regulatory inspections during normal business  hours  of
 any  registered,  licensed  or  permitted place of business, including a
 vehicle OR STORAGE FACILITY used for such business, where medical canna-
 bis, adult-use cannabis, cannabinoid hemp, hemp extract products, or any
 products marketed or labeled as such, are cultivated, processed, stored,
 distributed or sold.  For the purposes of this  subdivision,  "place  of
 business"  shall  not  include  a  residence  or other real property not
 otherwise held out as open to the public or otherwise being utilized  in
 a business or commercial manner or any private vehicle OR STORAGE FACIL-
 ITY  on or about the same such property, unless probable cause exists to
 believe that such residence, real property, or vehicle are being used in
 such business or commercial manner for the activity described herein.
   § 3. Section 16 of the cannabis law is amended by adding a new  subdi-
 vision 7 to read as follows:
   7.  ANY  ACTION  OR  PROCEEDING  BROUGHT  PURSUANT  TO THIS SECTION OR
 SECTION SIXTEEN-A OF THIS ARTICLE OR SECTION ONE HUNDRED  THIRTY-EIGHT-A
 OF  THIS  CHAPTER  MAY BE FILED UNDER TEMPORARY SEAL AND THE CLERK SHALL
 PROVIDE A SEALED INDEX NUMBER UPON REQUEST OF THE OFFICE OR THE ATTORNEY
 GENERAL. IF TEMPORARY SEALING CANNOT  BE  IMPLEMENTED  VIA  THE  COURT'S
 ELECTRONIC  FILING  SYSTEM, SUCH ACTION OR PROCEEDING SHALL BE PERMITTED
 BY THE COURT TO BE FILED THROUGH HARD COPY.
   § 4.  Section 16-a of the cannabis law, as added by section 12 of part
 UU of chapter 56 of the laws of 2023, is amended to read as follows:
   § 16-a. Emergency relief. Following service of [a notice of  violation
 and] AN order requiring immediate cessation of unlicensed activity under
 this  chapter, the office of cannabis management, or the attorney gener-
 al, at the request of and on behalf of the office, OR ANY COUNTY  ATTOR-
 NEY,  CORPORATION  COUNSEL,  OR  LOCAL GOVERNMENT AUTHORIZED PURSUANT TO
 SUBDIVISION EIGHT OF THIS SECTION TO BRING AND MAINTAIN A CIVIL PROCEED-
 ING IN ACCORDANCE WITH THE PROCEDURES SET FORTH  IN  THIS  SECTION,  may
 bring and maintain a civil proceeding in the supreme court of the county
 in  which the building or premises is located to permanently enjoin such
 unlicensed activity when conducted, maintained,  or  permitted  in  such
 building  or  premises,  occupied as a place of business as described in
 subdivision eight of section ten of this chapter, in violation of subdi-
 vision one or one-a of section one hundred twenty-five of  this  chapter
 or  subdivision eight of section one hundred thirty-two of this chapter,
 which shall constitute an unlicensed activity that presents a danger  to
 the public health, safety, and welfare, and shall also enjoin the person
 S. 8305--A                         16                         A. 8805--A
 
 or  persons  conducting  or  maintaining  such  unlicensed  activity, in
 accordance with the following procedures:
   1.  Proceeding  for permanent injunction. (a) To the extent known, the
 owner, lessor, and lessee of a building or premises  wherein  the  unli-
 censed  activity  is  being conducted, maintained, or permitted shall be
 made defendants in the proceeding. The venue of such proceeding shall be
 in the county where the unlicensed activity is  being  conducted,  main-
 tained,  or permitted OR IN ANY VENUE WHERE A RESPONDENT IS LOCATED. The
 existence of an adequate remedy at law shall not prevent the granting of
 temporary or permanent relief pursuant to this section.
   (b) The proceeding shall name as defendants the building  or  premises
 wherein  the  unlicensed  activity  is  being  conducted, maintained, or
 permitted, by describing it by tax lot and street address and  at  least
 one of the owners of some part of or interest in the property.
   (c)  In  rem jurisdiction shall be complete over the building or prem-
 ises wherein the unlicensed activity is being conducted, maintained,  or
 permitted  by  affixing the notice of petition OR ORDER TO SHOW CAUSE to
 the door of the building or premises and by mailing the notice of  peti-
 tion  OR  ORDER  TO  SHOW  CAUSE by certified or registered mail, return
 receipt requested, to one of the owners of some part of or  interest  in
 the property. Proof of service shall be filed [within two days] PROMPTLY
 thereafter with the clerk of the court designated in the notice of peti-
 tion  OR  ORDER TO SHOW CAUSE.  In any county where e-filing is unavail-
 able, proof of service may be mailed to  the  clerk.  Service  shall  be
 complete upon such filing or mailing.
   (d)  Defendants, other than the building or premises wherein the unli-
 censed activity is being conducted, maintained, or permitted,  shall  be
 served with the notice of petition OR ORDER TO SHOW CAUSE as provided in
 the  civil  practice  law  and rules or pursuant to court order. No more
 than thirty days prior to such service, the office shall mail a copy, by
 certified mail, of any [prior notice of violation or letter or] order to
 cease and desist relating to the unlicensed activity at the building  or
 premises  to  the  person  in whose name the real estate affected by the
 proceeding is recorded in the office of the city register or the  county
 clerk,  as the case may be, who shall be presumed to be the owner there-
 of. Such mailing shall constitute notice  to  the  owner  and  shall  be
 deemed to be complete upon such mailing by the office as provided above.
 No  more  than  fifteen days prior to such service, the office, [or] the
 attorney general, at the request of and  on  behalf  of  the  office  of
 cannabis  management,  OR  ANY  LOCAL  GOVERNMENT AUTHORIZED PURSUANT TO
 SUBDIVISION EIGHT OF THIS SECTION shall verify the ongoing occupancy  of
 any  natural person who is a tenant of record and alleged to have caused
 or permitted the unlicensed activity in the building or premises wherein
 the unlicensed activity is alleged to have been  conducted,  maintained,
 or  permitted.  [If  at any time such defendants vacate such building or
 premises, any action or proceeding filed in accordance with these proce-
 dures relating to such building or premises shall be withdrawn.]
   (e) With respect to any proceeding commenced or to be commenced pursu-
 ant to this section by the office of cannabis management or the attorney
 general, at the request of and on behalf  of  the  office,  may  file  a
 notice  of  pendency pursuant to the provisions of article sixty-five of
 the civil practice law and rules.
   (f) The person in whose name the real estate affected by the  proceed-
 ing  is recorded in the office of the city register or the county clerk,
 as the case may be, shall be presumed to  be  the  owner  thereof.  Upon
 being  served  in  a proceeding under this section, such owner shall, to
 S. 8305--A                         17                         A. 8805--A
 
 the extent known, provide to the office of cannabis  management,  within
 three  days,  the  names of any other owners, lessors and lessees of the
 building or premises that is the subject of the proceeding.  Thereafter,
 such owners, lessors and lessees may be made parties to the proceeding.
   (g)  Whenever  there is evidence that a person was the manager, opera-
 tor, supervisor or, in any other way, in charge of the premises, at  the
 time the unlicensed activity was being conducted, maintained, or permit-
 ted,  such  evidence shall be presumptive that [he or she was] THEY WERE
 an agent or employee of the owner or lessee of the building or premises.
   (h) A DEFENDANT SHALL FURNISH TO ANY OTHER  PARTY,  WITHIN  FIVE  DAYS
 AFTER A DEMAND, A VERIFIED STATEMENT IDENTIFYING:
   (I)  IF  THE  RESPONDING  PARTY IS A NATURAL PERSON, SUCH PARTY'S: (1)
 FULL LEGAL NAME; (2) DATE OF BIRTH; (3) CURRENT HOME OR BUSINESS  STREET
 ADDRESS;  AND  (4)  A  UNIQUE  IDENTIFYING NUMBER FROM: (A) AN UNEXPIRED
 PASSPORT; (B) AN UNEXPIRED STATE DRIVER'S LICENSE; OR (C)  AN  UNEXPIRED
 IDENTIFICATION  CARD  OR  DOCUMENT ISSUED BY A STATE OR LOCAL GOVERNMENT
 AGENCY OR TRIBAL AUTHORITY FOR THE PURPOSE  OF  IDENTIFICATION  OF  THAT
 INDIVIDUAL;
   (II) IF THE RESPONDING PARTY IS A PARTNERSHIP, LIMITED LIABILITY PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR OTHER UNINCORPORATED ASSOCIATION,
 INCLUDING  A  FOR  PROFIT  OR  NOT-FOR-PROFIT MEMBERSHIP ORGANIZATION OR
 CLUB, THE INFORMATION REQUIRED PURSUANT  TO  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH  FOR  EACH OF ITS PARTNERS OR MEMBERS, AS WELL AS THE STATE OR
 OTHER JURISDICTION OF ITS FORMATION;
   (III) IF THE RESPONDING PARTY IS A CORPORATION,  ITS  STATE  OR  OTHER
 JURISDICTION  OF  INCORPORATION,  PRINCIPAL  PLACE  OF BUSINESS, AND ANY
 STATE OR OTHER JURISDICTION OF WHICH THAT PARTY IS A CITIZEN;
   (IV) IF THE RESPONDING PARTY IS NOT AN INDIVIDUAL, IN ADDITION TO  ANY
 INFORMATION  PROVIDED  PURSUANT  TO SUBPARAGRAPHS (II) AND (III) OF THIS
 PARAGRAPH, AND TO THE EXTENT NOT PREVIOUSLY  PROVIDED,  EACH  BENEFICIAL
 OWNER  OF  THE  RESPONDING  PARTY  BY:  (1) FULL LEGAL NAME; (2) DATE OF
 BIRTH; (3) CURRENT HOME OR BUSINESS STREET ADDRESS;  AND  (4)  A  UNIQUE
 IDENTIFYING  NUMBER  FROM:  (A)  AN UNEXPIRED PASSPORT; (B) AN UNEXPIRED
 STATE DRIVER'S LICENSE; OR (C) AN UNEXPIRED IDENTIFICATION CARD OR DOCU-
 MENT ISSUED BY A STATE OR LOCAL GOVERNMENT AGENCY  OR  TRIBAL  AUTHORITY
 FOR  THE  PURPOSE  OF IDENTIFICATION OF THAT INDIVIDUAL. AS USED IN THIS
 SUBPARAGRAPH, THE TERM "BENEFICIAL OWNER" SHALL HAVE THE SAME MEANING AS
 DEFINED IN 31 U.S.C. §  5336(A)(3),  AS  AMENDED,  AND  ANY  REGULATIONS
 PROMULGATED THEREUNDER.
   (I) If a finding is made that the defendant has conducted, maintained,
 or  permitted  the  unlicensed activity a penalty, to be included in the
 judgment, may be awarded in an amount not to exceed ten thousand dollars
 for each day it is found that  the  defendant  intentionally  conducted,
 maintained  or  permitted  the  unlicensed  activity. WITH REGARD TO ANY
 DEFENDANT CONDUCTING THE REFERENCED UNLICENSED ACTIVITY, ANY SUCH PENAL-
 TIES MAY BE AWARDED IN ADDITION TO ANY PENALTIES  THAT  MAY  BE  IMPOSED
 PURSUANT  TO SECTION ONE HUNDRED THIRTY-TWO OF THIS CHAPTER. Upon recov-
 ery, such penalty shall be paid to the office of cannabis management, OR
 TO THE COUNTY ATTORNEY, CORPORATION COUNSEL, OR  LOCAL  GOVERNMENT  THAT
 HAS  BEEN  AUTHORIZED  PURSUANT  TO SUBDIVISION EIGHT OF THIS SECTION TO
 BRING AND MAINTAIN A CIVIL PROCEEDING IN ACCORDANCE WITH THE  PROCEDURES
 SET FORTH IN THIS SECTION.
   2.  Preliminary  injunction.  (a) Pending a proceeding for a permanent
 injunction pursuant to this section the court may  grant  a  preliminary
 injunction  enjoining  the unlicensed activity and the person or persons
 conducting, maintaining, or  permitting  the  unlicensed  activity  from
 S. 8305--A                         18                         A. 8805--A
 
 further  conducting, maintaining, or permitting the unlicensed activity,
 where the public health, safety  or  welfare  immediately  requires  the
 granting  of  such  injunction. A temporary closing order may be granted
 pending a hearing for a preliminary injunction where it appears by clear
 and  convincing  evidence  that  unlicensed activity within the scope of
 this section is being conducted, maintained, or permitted and  that  the
 public  health, safety or welfare immediately requires the granting of a
 temporary closing order. A temporary restraining order  may  be  granted
 pending a hearing for a preliminary injunction.
   (b)  A  preliminary  injunction shall be enforced by the office or, at
 the request of the office, the attorney general. At the request  of  the
 office,  a  police  officer  or peace officer with jurisdiction may also
 enforce the preliminary injunction.
   (c) The office or the attorney general shall show,  by  affidavit  and
 such other evidence as may be submitted, that there is a cause of action
 for a permanent injunction abating unlicensed activity.
   3.  Temporary  closing  order.  (a)  If, on a motion for a preliminary
 injunction alleging unlicensed activity as described in this section  in
 a  building or premises used for commercial purposes only, the office or
 the attorney general demonstrates by clear and convincing evidence  that
 such  unlicensed  activity  is being conducted, maintained, or permitted
 and that the public health, safety, or welfare  immediately  requires  a
 temporary  closing  order,  a  temporary  order closing such part of the
 building  or  premises  wherein  such  unlicensed  activity   is   being
 conducted, maintained, or permitted may be granted without notice, pend-
 ing  order  of the court granting or refusing the preliminary injunction
 and until further order of the court. Upon granting a temporary  closing
 order,  the court shall direct the holding of a hearing for the prelimi-
 nary injunction at the earliest possible time but no later than  [three]
 TEN  business  days  from  the granting of such order; a decision on the
 motion for a preliminary injunction shall be rendered by the court with-
 in [three business] THIRTY CALENDAR days after  the  conclusion  of  the
 hearing.
   (b)  Unless  the  court  orders  otherwise,  a temporary closing order
 together with the papers upon which it was based and a notice of hearing
 for the preliminary injunction shall be personally served, in  the  same
 manner as a summons as provided in the civil practice law and rules.
   (c) [A temporary closing order shall only be issued prior to a hearing
 on  a  preliminary  injunction  if  the building or premises is used for
 commercial purposes only.
   (d)] No temporary closing order shall be issued against  any  building
 or  premises  where,  in  addition  to  the unlicensed activity which is
 alleged, activity that is licensed or otherwise lawful remains in  place
 AND THE UNLICENSED ACTIVITY IS MERELY A DE MINIMIS PART OF THE BUSINESS.
 IN  ASSESSING  WHETHER UNLICENSED ACTIVITY WITHIN A BUILDING OR PREMISES
 IS MORE THAN DE MINIMIS, THE COURT SHALL CONSIDER SUCH FACTORS  AS:  (I)
 THE PRESENCE OF SIGNS OR SYMBOLS, INDOORS OR OUT, ADVERTISING UNLICENSED
 ACTIVITY  OR OTHERWISE INDICATING THAT CANNABIS IS SOLD ON THE PREMISES;
 (II)  INFORMATION  SHARED  IN  ANY  ADVERTISEMENTS  OR  OTHER  MARKETING
 CONTENT,  INCLUDING  BUT NOT LIMITED TO SOCIAL MEDIA, IN CONNECTION WITH
 THE UNLICENSED ACTIVITY; (III) THE LAYOUT OF THE BUSINESS WITH REGARD TO
 LAWFUL AND UNLICENSED ACTIVITIES OCCURRING ON THE PREMISES; AND (IV)  AN
 ASSESSMENT  OF  THE  VOLUME  OF CANNABIS, CANNABIS PRODUCTS, CANNABINOID
 HEMP, HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED  AS  SUCH
 AT SUCH PLACE OF BUSINESS. In addition, no temporary closing order shall
 be  issued  against  any  building  or premises which is used in part as
 S. 8305--A                         19                         A. 8805--A
 
 residence and pursuant to local law or ordinance is zoned  and  lawfully
 occupied as a residence.
   4.  Temporary restraining order. (a) If, on a motion for a preliminary
 injunction alleging unlicensed activity as described in this section  in
 a  building  or premises used for commercial purposes, the office or the
 attorney general demonstrates by clear and convincing evidence that such
 unlicensed activity is being conducted,  maintained,  or  permitted  and
 that the public health, safety, or welfare immediately requires a tempo-
 rary  restraining  order,  a  temporary restraining order may be granted
 without notice restraining the defendants and all persons from  removing
 or  in  any  manner interfering with the furniture, fixtures and movable
 property used in conducting, maintaining or permitting  such  unlicensed
 activity,  including [adult-use] cannabis, CANNABIS PRODUCT, CANNABINOID
 HEMP OR HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH
 and from further conducting, maintaining or permitting  such  unlicensed
 activity,  pending  order of the court granting or refusing the prelimi-
 nary injunction and until further order of the court.  Upon  granting  a
 temporary  restraining  order,  the  court shall direct the holding of a
 hearing for the preliminary injunction at the earliest possible time but
 no later than three business days from the granting  of  such  order;  a
 decision on the motion for a preliminary injunction shall be rendered by
 the court within [three business] THIRTY CALENDAR days after the conclu-
 sion of the hearing.
   (b)  Unless  the court orders otherwise, a temporary restraining order
 and the papers upon which it was based and a notice of hearing  for  the
 preliminary injunction shall be personally served, in the same manner as
 a  summons  as  provided  in  the civil practice law and rules, UPON ANY
 AGENT, EMPLOYEE, OR OTHER REPRESENTATIVE OF THE DEFENDANT BUSINESS PRES-
 ENT AT THE TIME THE TEMPORARY RESTRAINING ORDER IS EFFECTUATED.
   5. Temporary closing order; temporary  restraining  order;  additional
 enforcement procedures. (a) If on a motion for a preliminary injunction,
 the  office  of  cannabis  management  or  the  attorney general submits
 evidence warranting both a  temporary  closing  order  and  a  temporary
 restraining order, the court shall grant both orders.
   (b)  Upon the request of the office, any police officer or peace offi-
 cer with jurisdiction may assist in the enforcement of a temporary clos-
 ing order and temporary restraining order. ANY REFERENCE TO POLICE OFFI-
 CER OR PEACE OFFICER IN THIS SUBDIVISION AND SUBDIVISIONS SIX AND  SEVEN
 OF  THIS  SECTION  SHALL  ALSO  INCLUDE ANY INVESTIGATOR EMPLOYED BY THE
 OFFICE OF THE ATTORNEY GENERAL.
   (c) The police officer or peace officer serving  a  temporary  closing
 order  or  a temporary restraining order shall forthwith make and return
 to the court an inventory of personal property situated in and  used  in
 conducting,  maintaining,  or  permitting the unlicensed activity within
 the scope of this chapter and shall enter upon the building or  premises
 for  such  purpose. Such inventory shall be taken in any manner which is
 deemed likely to evidence a true  and  accurate  representation  of  the
 personal  property  subject to such inventory including, but not limited
 to photographing such personal property, EXCEPT THAT ANY CASH  FOUND  ON
 THE  PREMISES  DURING  SUCH  INVENTORY SHALL BE INVENTORIED, SEIZED, AND
 SECURED OFF PREMISES PENDING FURTHER ORDER  OF  THE  COURT.  ANY  POLICE
 OFFICER  OR PEACE OFFICER, OR ANY REPRESENTATIVE OF THE OFFICE, SHALL BE
 PERMITTED TO REVIEW  AND  COPY  RECORDS,  INCLUDING  ELECTRONIC  RECORDS
 STORED ON CLOUD PLATFORMS.
   (d)  The  police  officer or peace officer serving a temporary closing
 order shall, upon service of the order, command all persons  present  in
 S. 8305--A                         20                         A. 8805--A
 
 the  building  or  premises  to  vacate the premises forthwith. Upon the
 building or premises being  vacated,  the  premises  shall  be  securely
 locked and all keys delivered to the officer serving the order who ther-
 eafter  [shall] MAY deliver the keys to the fee owner, lessor, or lessee
 of the building or premises involved.  If  the  fee  owner,  lessor,  or
 lessee  is  not  at  the  building  or  premises when the order is being
 executed, the officer shall securely padlock the premises and retain the
 keys until the fee owner, lessor, or lessee of the  building  is  ascer-
 tained, in which event, the officer [shall] MAY deliver the keys to such
 owner,  lessor,  or  lessee  OR RETAIN THEM PENDING FURTHER ORDER OF THE
 COURT.
   (e) Upon service of a temporary closing order or a temporary restrain-
 ing order, the police officer or peace officer shall post a copy thereof
 in a conspicuous place or upon one or more of  the  principal  doors  at
 entrances  of  such  premises  where  the  unlicensed  activity is being
 conducted, maintained, or permitted.  In  addition,  where  a  temporary
 closing  order has been granted, the officer shall affix, in a conspicu-
 ous place or upon one or more of the principal  doors  at  entrances  of
 such  premises,  a  printed notice that the premises have been closed by
 court order, which notice shall contain  the  legend  "closed  by  court
 order"  in  block  lettering of sufficient size to be observed by anyone
 intending or likely to enter the premises, the date of  the  order,  the
 court  from  which issued, and the name of the officer or agency posting
 the notice. In addition, where a temporary restraining  order  has  been
 granted,  the  police  officer or peace officer shall affix, in the same
 manner, a notice similar to the notice provided for  in  relation  to  a
 temporary  closing order except that the notice shall state that certain
 described activity is prohibited by court  order  and  that  removal  of
 property  is  prohibited by court order. Mutilation or removal of such a
 posted order or such a posted notice while it remains in force, in addi-
 tion to any other punishment prescribed by law, shall be punishable,  on
 conviction,  by  a  fine  of  not  more than five thousand dollars or by
 imprisonment not exceeding ninety days, or by both, provided such  order
 or  notice contains therein a notice of such penalty. Any police officer
 or peace officer with jurisdiction may, upon the request of the  office,
 assist in the enforcement of this section.
   6.  Temporary  closing order; temporary restraining order; defendant's
 remedies. (a) A temporary closing order or a temporary restraining order
 [shall] MAY be vacated, upon notice to the  office  AND  TO  ANY  COUNTY
 ATTORNEY,  CORPORATION  COUNSEL,  OR LOCAL GOVERNMENT THAT MAY HAVE BEEN
 AUTHORIZED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION  TO  BRING  AND
 MAINTAIN  THE  PROCEEDING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN
 THIS SECTION, if [the] A defendant WHO IS  THE  FEE  OWNER,  LESSOR,  OR
 LESSEE  OF  THE  BUILDING  OR PREMISES shows by affidavit and such other
 proof as may be submitted that the unlicensed activity within the  scope
 of  this  chapter  has been abated AND THAT THEY ARE ALSO NOT AFFILIATED
 WITH THE PERSON WHO IS CONDUCTING  THE  UNLICENSED  ACTIVITY.  An  order
 vacating  a  temporary  closing  order  or a temporary restraining order
 shall include a provision authorizing the office, OR ANY  COUNTY  ATTOR-
 NEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT, AS APPLICABLE, to inspect
 the  building  or premises which is the subject of a proceeding pursuant
 to this subdivision, periodically without notice, during the pendency of
 the proceeding for the purpose of ascertaining whether or not the  unli-
 censed  activity  has  been resumed. Any police officer or peace officer
 with jurisdiction may, upon the request of the  office,  assist  in  the
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 enforcement  of an inspection provision of an order vacating a temporary
 closing order or temporary restraining order.
   (b)  A temporary closing order or a temporary restraining order may be
 vacated by the court, upon notice to the office, OR ANY COUNTY ATTORNEY,
 CORPORATION COUNSEL, OR LOCAL GOVERNMENT, AS APPLICABLE,  when  [the]  A
 defendant  ENTITLED TO REQUEST VACATUR PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION gives an undertaking and the court  is  satisfied  that  the
 public  health,  safety,  or welfare will be protected adequately during
 the pendency of the proceeding. The undertaking shall be  in  an  amount
 equal  to  the  assessed valuation of the building or premises where the
 unlicensed activity is being conducted, maintained, or permitted  or  in
 such  other amount as may be fixed by the court. The defendant shall pay
 to the office and the attorney general,  in  the  event  a  judgment  of
 permanent  injunction  is  obtained,  their  actual  costs, expenses and
 disbursements in bringing and maintaining the proceeding.  In  addition,
 the defendant shall pay to the local government or law enforcement agen-
 cy  that  provided assistance in enforcing any order of the court issued
 pursuant to a proceeding brought under this section, its  actual  costs,
 expenses  and  disbursements  in  assisting  with the enforcement of the
 proceeding.
   7. Permanent injunction. (a) A judgment awarding a  permanent  injunc-
 tion  pursuant  to  this chapter shall direct that any illicit cannabis,
 CANNABIS PRODUCT, CANNABINOID HEMP OR HEMP EXTRACT PRODUCT, OR ANY PROD-
 UCT MARKETED OR LABELED AS SUCH seized  shall  be  turned  over  to  the
 office  of  cannabis  management or their authorized representative. The
 judgment may further direct any police officer  or  peace  officer  with
 jurisdiction to seize and remove from the building or premises all mate-
 rial,  equipment, and instrumentalities used in the creation and mainte-
 nance of the unlicensed activity and shall direct the sale by the  sher-
 iff of any such property in the manner provided for the sale of personal
 property  under  execution pursuant to the provisions of the civil prac-
 tice law and rules, IF THE ESTIMATED VALUE OF THE PROPERTY  EXCEEDS  THE
 ESTIMATED  LAWFUL EXPENSES OF SUCH SALE, OR THE DISPOSAL OF THE PROPERTY
 IF THE ESTIMATED VALUE OF THE PROPERTY DOES  NOT  EXCEED  THE  ESTIMATED
 LAWFUL  EXPENSES  OF SUCH SALE. The net proceeds of any such sale, after
 deduction of the lawful expenses involved, shall be paid to the  general
 fund of the state.
   (b)  A judgment awarding a permanent injunction pursuant to this chap-
 ter may direct the closing of the building or  premises  by  any  police
 officer  or  peace  officer with jurisdiction to the extent necessary to
 abate the unlicensed activity and shall direct  any  police  officer  or
 peace  officer  with  jurisdiction  to post a copy of the judgment and a
 printed notice of such closing conforming to the  requirements  of  this
 chapter.  The  closing directed by the judgment shall be for such period
 as the court may direct but in no event shall the closing be for a peri-
 od of more than one year from the posting of the judgment  provided  for
 in  this  section.    If the owner shall file a bond in the value of the
 property ordered to be closed and submits proof to the  court  that  the
 unlicensed activity has been abated and will not be created, maintained,
 or  permitted  for  such  period of time as the building or premises has
 been directed to be closed in the judgment, AND ALSO SUBMITS PROOF  THAT
 THEY ARE ALSO NOT AFFILIATED WITH THE PERSON WHO IS CONDUCTING THE UNLI-
 CENSED  ACTIVITY,  the  court  may vacate the provisions of the judgment
 that direct the closing of the building or  premises.  A  closing  by  a
 police  officer  or  peace  officer  with  jurisdiction  pursuant to the
 provisions of this section shall not constitute an  act  of  possession,
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 ownership,  or  control  by  such police officer or peace officer of the
 closed premises.
   (c)  Upon  the  request  of  the  office of cannabis management or its
 authorized representative, OR ANY COUNTY ATTORNEY, CORPORATION  COUNSEL,
 OR  LOCAL  GOVERNMENT  AUTHORIZED  PURSUANT TO SUBDIVISION EIGHT OF THIS
 SECTION TO BRING AND MAINTAIN A CIVIL PROCEEDING IN ACCORDANCE WITH  THE
 PROCEDURES  SET FORTH IN THIS SECTION, any police officer or peace offi-
 cer with jurisdiction may assist in the enforcement of a judgment award-
 ing a permanent injunction entered in a proceeding brought  pursuant  to
 this chapter.
   (d)  A  judgment  rendered awarding a permanent injunction pursuant to
 this chapter shall be and become a lien upon the  building  or  premises
 named  in  the  petition  in such proceeding, such lien to date from the
 time of filing a notice of lis pendens in the office of the clerk of the
 county wherein the building or premises  is  located.  Every  such  lien
 shall  have priority before any mortgage or other lien that exists prior
 to such filing except tax and assessment liens.
   (e) A judgment awarding a permanent injunction pursuant to this  chap-
 ter shall provide, in addition to the costs and disbursements allowed by
 the  civil  practice law and rules, upon satisfactory proof by affidavit
 or such other evidence as may be submitted, the actual  costs,  expenses
 and  disbursements  of  the  office  and the attorney general, OR OF ANY
 COUNTY ATTORNEY, CORPORATION COUNSEL,  OR  LOCAL  GOVERNMENT  AUTHORIZED
 PURSUANT  TO  SUBDIVISION  EIGHT OF THIS SECTION TO BRING AND MAINTAIN A
 CIVIL PROCEEDING IN ACCORDANCE WITH THE PROCEDURES  SET  FORTH  IN  THIS
 SECTION, in bringing and maintaining the proceeding.
   8.  Civil  proceedings.  In  addition to the authority granted in this
 section to the office of cannabis management and the  attorney  general,
 ANY  county  attorney, corporation counsel, or local government in which
 such building or premises is located may, after the office  of  cannabis
 management  grants  permission  in  writing,  bring and maintain a civil
 proceeding in the supreme court of the county in which the  building  or
 premises  is  located  to  permanently  enjoin  the  unlicensed activity
 described in this section and the person or persons conducting or  main-
 taining  such unlicensed activity, in accordance with the procedures set
 forth in this section. The office shall be permitted to intervene as  of
 right in any such proceeding. Any such governmental entity which obtains
 a  permanent  injunction  pursuant  to this chapter shall be awarded, in
 addition to the costs and disbursements allowed by  the  civil  practice
 law  and  rules,  upon  satisfactory  proof  by  affidavit or such other
 evidence as may be submitted, ANY PENALTIES AWARDED  PURSUANT  TO  PARA-
 GRAPH  (H)  OF  SUBDIVISION  ONE OR PARAGRAPH (E) OF SUBDIVISION FIVE OF
 THIS SECTION AND the actual costs, expenses and disbursements in  bring-
 ing  and  maintaining  the  proceeding.  The  authority provided by this
 subdivision shall be in addition to, and shall not be deemed to diminish
 or reduce, any rights of the parties described  in  this  section  under
 existing  law  for  any  violation pursuant to this chapter or any other
 law.
   § 5. Subdivision 3 of section 17 of the cannabis law,  as  amended  by
 section  13  of part UU of chapter 56 of the laws of 2023, is amended to
 read as follows:
   3. Notice and right of hearing as provided in the state administrative
 procedure act shall be served at least fifteen days prior to the date of
 the hearing, provided that, whenever because of  danger  to  the  public
 health, safety or welfare it appears prejudicial to the interests of the
 people  of the state to delay action for fifteen days or with respect to
 S. 8305--A                         23                         A. 8805--A
 
 a violation of subdivision one or one-a of section one  hundred  twenty-
 five  of  this chapter, the board may serve the respondent with an order
 requiring certain action [or], the cessation of certain  activities,  OR
 THE  SEALING  OF  A PREMISES immediately or within a specified period of
 less than fifteen days. WHENEVER A NOTICE OF VIOLATION OR ORDER HAS BEEN
 SERVED, THE RESPONDENT SHALL BE PROVIDED AN  OPPORTUNITY  TO  REQUEST  A
 HEARING  PURSUANT  TO  THE  PROCEDURES  ESTABLISHED BY THE OFFICE AND IN
 ACCORDANCE  WITH  THE  STATE  ADMINISTRATIVE  PROCEDURE  ACT   AND   THE
 PROVISIONS OF THIS CHAPTER.
   §  6. Subdivisions 5, 6, 7 and 8 of section 17 of the cannabis law are
 renumbered subdivisions 7, 8, 9, and 10 and two new subdivisions 5 and 6
 are added to read as follows:
   5. PRIOR TO A HEARING, A PARTY, OTHER THAN THE BOARD OR OFFICE,  SHALL
 FURNISH  TO  ANY OTHER PARTY, WITHIN FIVE DAYS AFTER A DEMAND, OR SOONER
 IF THE HEARING IS SCHEDULED LESS THAN FIVE DAYS FROM THE DATE OF DEMAND,
 A VERIFIED STATEMENT SETTING FORTH:
   (A) IF THE RESPONDING PARTY IS A NATURAL  PERSON,  SUCH  PARTY'S:  (I)
 FULL  LEGAL  NAME;  (II)  DATE  OF BIRTH; (III) CURRENT HOME OR BUSINESS
 STREET ADDRESS; AND (IV) A UNIQUE IDENTIFYING NUMBER FROM: (1) AN  UNEX-
 PIRED PASSPORT; (2) AN UNEXPIRED STATE DRIVER'S LICENSE; OR (3) AN UNEX-
 PIRED IDENTIFICATION CARD OR DOCUMENT ISSUED BY A STATE OR LOCAL GOVERN-
 MENT  AGENCY  OR  TRIBAL  AUTHORITY FOR THE PURPOSE OF IDENTIFICATION OF
 THAT INDIVIDUAL;
   (B) IF THE RESPONDING PARTY IS A PARTNERSHIP, LIMITED LIABILITY  PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR OTHER UNINCORPORATED ASSOCIATION,
 INCLUDING  A  FOR  PROFIT  OR  NOT-FOR-PROFIT MEMBERSHIP ORGANIZATION OR
 CLUB, THE INFORMATION REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS  SUBDI-
 VISION FOR ALL OF ITS PARTNERS OR MEMBERS, AS WELL AS THE STATE OR OTHER
 JURISDICTION OF ITS FORMATION;
   (C)  IF  THE  RESPONDING  PARTY  IS  A CORPORATION, ITS STATE OR OTHER
 JURISDICTION OF INCORPORATION, PRINCIPAL  PLACE  OF  BUSINESS,  AND  ANY
 STATE OR OTHER JURISDICTION OF WHICH THAT PARTY IS A CITIZEN;
   (D)  IF  THE RESPONDING PARTY IS NOT AN INDIVIDUAL, IN ADDITION TO ANY
 INFORMATION PROVIDED PURSUANT TO PARAGRAPHS (B) AND (C) OF THIS SUBDIVI-
 SION, AND TO THE EXTENT NOT PREVIOUSLY PROVIDED, EACH  BENEFICIAL  OWNER
 OF  THE  RESPONDING  PARTY  BY: (I) FULL LEGAL NAME; (II) DATE OF BIRTH;
 (III) CURRENT HOME OR BUSINESS STREET ADDRESS; AND (IV) A UNIQUE IDENTI-
 FYING NUMBER FROM: (1) AN UNEXPIRED PASSPORT;  (2)  AN  UNEXPIRED  STATE
 DRIVER'S  LICENSE;  OR  (3) AN UNEXPIRED IDENTIFICATION CARD OR DOCUMENT
 ISSUED BY A STATE OR LOCAL GOVERNMENT AGENCY OR TRIBAL AUTHORITY FOR THE
 PURPOSE OF IDENTIFICATION OF THAT INDIVIDUAL. AS USED IN  THIS  SECTION,
 THE TERM "BENEFICIAL OWNER" SHALL HAVE THE SAME MEANING AS DEFINED IN 31
 U.S.C.  § 5336(A)(3), AS AMENDED, AND ANY REGULATIONS PROMULGATED THERE-
 UNDER.
   6. PRIOR TO A HEARING, THE OFFICE MAY, AT ITS  DISCRETION,  REQUEST  A
 STAY  OF  ANY PROCEEDING AND THE BOARD OR THOSE DESIGNATED BY THEM SHALL
 GRANT SUCH REQUEST. THE INITIATION OF ANY ACTION, BY OR ON BEHALF OF THE
 OFFICE, IN STATE OR FEDERAL COURT  ON  MATTERS  DIRECTLY  OR  INDIRECTLY
 RELATED  TO  THE SUBJECT OF ANY PENDING ADMINISTRATIVE PROCEEDING SHALL,
 UPON A REQUEST BY THE OFFICE, PROVIDE SUFFICIENT BASIS FOR AN  IMMEDIATE
 STAY OF SUCH ADMINISTRATIVE PROCEEDING.
   §  7.  Subdivision  8 of section 17 of the cannabis law, as amended by
 section 13 of part UU of chapter 56 of the laws of 2023  and  as  renum-
 bered by section six of this act, is amended to read as follows:
   8.  Following a hearing, the board may make appropriate determinations
 and issue a final order in accordance  therewith.  ANY  SUCH  ORDER  MAY
 S. 8305--A                         24                         A. 8805--A
 
 INCLUDE  FINANCIAL  PENALTIES AS WELL AS INJUNCTIVE RELIEF, INCLUDING AN
 ORDER TO SEAL A PREMISES IN ACCORDANCE WITH SECTION ONE HUNDRED  THIRTY-
 EIGHT-B OF THIS CHAPTER. The respondent AND THE OFFICE shall have thirty
 days  to  submit  a written appeal to the board. If [the respondent does
 not] ANY PARTY FAILS TO submit a written appeal within  thirty  days  of
 the determination of the board the order shall be final.
   § 8. Subdivision 1 of section 125 of the cannabis law is amended and a
 new subdivision 1-b is added to read as follows:
   1.  No person shall cultivate, process, distribute for sale or sell at
 wholesale or retail or deliver to consumers any cannabis, cannabis prod-
 uct, medical cannabis or cannabinoid hemp or hemp  extract  product,  OR
 ANY  PRODUCT  MARKETED  OR  LABELED  AS  SUCH,  within the state without
 obtaining the appropriate  registration,  license,  or  permit  therefor
 required by this chapter unless otherwise authorized by law.
   1-B.  ANY  ACTIVITY CONDUCTED IN VIOLATION OF SUBDIVISION ONE OR ONE-A
 OF THIS SECTION CREATES A SIGNIFICANT RISK OF IMMINENT PHYSICAL HARM  TO
 NATURAL PERSONS, PRESENTS A DANGER TO PUBLIC HEALTH, SAFETY, OR WELFARE,
 AND CONSTITUTES A PUBLIC NUISANCE.
   § 9. Section 131 of the cannabis law is amended by adding a new subdi-
 vision 3 to read as follows:
   3.  ANY COUNTY, TOWN, CITY OR VILLAGE GOVERNING BODIES MAY ADOPT LOCAL
 LAWS OR ORDINANCES PERTAINING TO UNLICENSED  PERSONS  SELLING  CANNABIS,
 CANNABIS PRODUCTS, OR ANY PRODUCT MARKETED OR LABELED AS SUCH IN A PLACE
 OF  BUSINESS WITHOUT OBTAINING THE APPROPRIATE REGISTRATION, LICENSE, OR
 PERMIT THEREFOR, OR ENGAGING IN AN INDIRECT RETAIL SALE IN  A  PLACE  OF
 BUSINESS,  PROVIDED  THAT  NO  TWO  SUCH  LOCAL LAWS OR ORDINANCES SHALL
 RELATE TO THE SAME GEOGRAPHIC REGION. ANY SUCH LAWS OR ORDINANCES SHALL:
   (A) ESTABLISH A LOCAL REGISTRY, WHICH SHALL MIRROR A  LIST  MAINTAINED
 BY  THE  OFFICE  FOR  THIS  PURPOSE,  AS  UPDATED, AND SHALL REFLECT THE
 CURRENT NAME AND ADDRESS OF ALL REGISTERED ORGANIZATIONS, LICENSEES,  OR
 PERMITTEES  WITH  LICENSED OR PERMITTED PREMISES WITHIN THE GEOGRAPHICAL
 BOUNDARIES OF THE COUNTY, TOWN, CITY, OR VILLAGE;
   (B) ESTABLISH CIVIL PENALTIES FOR  ANY  PERSONS  ENGAGING  IN  SELLING
 CANNABIS,  CANNABIS PRODUCTS, OR ANY PRODUCT MARKETED OR LABELED AS SUCH
 IN A PLACE OF BUSINESS WITHOUT APPEARING ON THE LOCAL  REGISTRY  ADOPTED
 PURSUANT  TO LOCAL LAW OR ORDINANCE, OR ANY INDIRECT RETAIL SALES, WHICH
 MAY INCLUDE FEES, FINES OR OTHER FINANCIAL PENALTIES OR OTHER  REMEDIES,
 INCLUDING  CLOSURES  OF THE PREMISES OR BUILDING WHERE SUCH RETAIL SALES
 OR INDIRECT RETAIL SALES ARE TAKING PLACE, AND A PROCESS FOR  ADJUDICAT-
 ING ANY HEARINGS REQUIRED IN CONNECTION WITH THE ISSUANCE OF SUCH PENAL-
 TIES;
   (C)  ESTABLISH  A  PROCESS BY WHICH THE COUNTY, TOWN, CITY, OR VILLAGE
 SHALL EXECUTE ANY CLOSURE ORDERS, AND A PROCESS BY WHICH  THE  ENFORCING
 ENTITY  SHALL  BE REQUIRED TO SEIZE ALL CANNABIS, CANNABIS PRODUCTS, AND
 ANY PRODUCTS MARKETED OR LABELED AS SUCH, AND TO DESTROY SUCH PRODUCTS;
   (D) DESIGNATE A LOCAL OFFICIAL WHO SHALL SERVE AS THE LIAISON  TO  THE
 OFFICE  AND WHO SHALL BE REQUIRED TO RECEIVE LOCAL REGISTRY UPDATES FROM
 THE OFFICE, IMMEDIATELY ADOPT SUCH UPDATES, COORDINATE WITH  THE  OFFICE
 ON  SUCH  LOCAL  ENFORCEMENT  EFFORTS,  AND  SEND MONTHLY REPORTS TO THE
 OFFICE IN A MANNER AND FORMAT PRESCRIBED BY THE OFFICE DETAILING  RECENT
 ENFORCEMENT  EFFORTS  AND, WHEN EXECUTING CLOSURE ORDERS, THE AMOUNT AND
 NATURE OF THE CANNABIS PRODUCTS SEIZED; AND
   (E) REQUIRE THAT A COPY OF SUCH LOCAL LAW OR ORDINANCE BE  FILED  WITH
 THE  OFFICE  A MINIMUM OF TEN DAYS BEFORE THE EFFECTIVE DATE OF SUCH LAW
 OR ORDINANCE.
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   § 10. Subdivisions 1 and 1-a of  section  132  of  the  cannabis  law,
 subdivision  1  as amended and subdivision 1-a as added by section 17 of
 part UU of chapter 56 of the laws  of  2023,  are  amended  to  read  as
 follows:
   1.(a)  Any  person  who  cultivates for sale, OFFERS TO SELL, or sells
 cannabis, cannabis products, medical cannabis, or any  product  marketed
 or  labeled as such, without having an appropriate registration, license
 or permit therefor, including a person whose registration,  license,  or
 permit  has been revoked, surrendered or cancelled, where such person is
 engaging in activity for which a license would be  required  under  this
 chapter, may be subject to a civil penalty of not more than ten thousand
 dollars  for each day during which such violation continues and an addi-
 tional civil penalty in an amount of no more than five times the revenue
 from such prohibited sales or, in an amount of no more than three  times
 the  projected  revenue  for any such product found in the possession of
 such person based on the retail list price of such  products;  provided,
 however,  that any such person who engages in such activity from a resi-
 dence or other real property not otherwise  held  out  as  open  to  the
 public or otherwise being utilized in a business or commercial manner or
 any  private vehicle on or about same such property, and the quantity of
 such product on such premises or vehicle does not exceed the  limits  of
 personal  use under article two hundred twenty-two of the penal law, may
 be subject to a civil penalty of no more than five thousand dollars.
   Provided, further, that where such person has been  ordered  to  cease
 such  conduct pursuant to subdivision one of section one hundred thirty-
 eight-a of this [chapter] ARTICLE, such person may be assessed  a  civil
 penalty  of  no  more  than twenty thousand dollars per day for each day
 during which such violation continues  after  receiving  such  order  in
 addition  to  the  additional civil penalties set forth above; provided,
 however, that any such person who engages in such activity from a  resi-
 dence  or  other  real  property  not  otherwise held out as open to the
 public or otherwise being utilized in a business or commercial manner or
 any private vehicle on or about same such property, and the quantity  of
 such  product  on such premises or vehicle does not exceed the limits of
 personal use under article two hundred twenty-two of the penal law,  may
 be subject to a civil penalty of no more than ten thousand dollars.
   (b)  If a person engaging in the conduct described in paragraph (a) of
 this subdivision[,] or subdivision one-a  of  this  section  refuses  to
 permit  the office or the board from performing a regulatory inspection,
 such person may be assessed a civil penalty of up to [four] TWENTY thou-
 sand dollars for a first  refusal  and  up  to  [eight]  FORTY  thousand
 dollars for a second or subsequent refusal within three years of a prior
 refusal. If the office or board is not permitted access for a regulatory
 inspection pursuant to section ten or section eleven of this chapter, as
 applicable,  by  such  person, the attorney general, upon the request of
 the office or the board, shall be authorized to apply, without notice to
 such person, to the supreme court in the county in which  the  place  of
 business  is located for an order granting the office or board access to
 such place of business. The court may grant such an order if  it  deter-
 mines,  based  on evidence presented by the attorney general, that there
 is reasonable cause to believe that such place of business is a place of
 business which does not possess a valid registration, license, or permit
 issued by the office or board.
   (c) In assessing the civil penalties under this subdivision OR  SUBDI-
 VISION  ONE-A  OF  THIS  SECTION,  the  board  or office shall take into
 consideration the nature of such violation and shall  assess  a  penalty
 S. 8305--A                         26                         A. 8805--A
 
 that is proportionate to the violation; PROVIDED, HOWEVER, THAT AN AFFI-
 DAVIT  FROM  A  REPRESENTATIVE OF THE OFFICE, THE OFFICE OF THE ATTORNEY
 GENERAL, OR A LOCAL GOVERNMENT, OR A LOCAL POLICE OFFICER CONFIRMING THE
 PRESENCE  OF  CONDUCT DESCRIBED IN THIS SUBDIVISION OR SUBDIVISION ONE-A
 FOLLOWING AN INSPECTION BY THE OFFICE AFTER THE OFFICE HAS ORDERED  SUCH
 CONDUCT  TO  CEASE  SHALL  BE SUFFICIENT TO ESTABLISH A PRIMA FACIE CASE
 THAT SUCH CONDUCT HAD BEEN CONTINUING FOR EACH BUSINESS DAY BETWEEN  THE
 INITIAL  INSPECTION  AND  THE  LAST  OBSERVED  OR  OTHERWISE  DOCUMENTED
 CONDUCT, AND SHALL REQUIRE THE IMPOSITION OF THE MAXIMUM PER DAY PENALTY
 PERMITTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION,  AND  THE  DOCUMENTED
 PRESENCE  OF SUCH CONDUCT UPON OR AT THE COMPLETION OF AN ADMINISTRATIVE
 INSPECTION OR INVESTIGATION SHALL REQUIRE THE ASSESSMENT OF THE  MAXIMUM
 PENALTY PERMITTED UNDER PARAGRAPH (B) OF THIS SUBDIVISION.
   1-a. Any person [found to have] WHO engaged in indirect retail sale in
 violation  of  subdivision  one-a  of section one hundred twenty-five of
 this [chapter] ARTICLE, shall be subject to a civil penalty in an amount
 equaling the lesser of three times the revenue for such indirect  retail
 sales  or  up  to  two thousand five hundred dollars for each such sale,
 provided, however, that where such conduct also constitutes a  violation
 of  subdivision  one of this section, such person may only be subject to
 the civil penalties under one such subdivision, and  provided,  further,
 that  where  such person has been ordered to cease such conduct pursuant
 to subdivision one of section one hundred thirty-eight-a of  this  arti-
 cle,  such person may be assessed a civil penalty of up to five thousand
 dollars for each day during which such violation continues  in  addition
 to any civil penalties set forth above.
   §  11.  Subdivisions  2, 4 and 5 of section 138-a of the cannabis law,
 subdivision 2 as added and subdivisions 4 and 5 as amended by section 20
 of part UU of chapter 56 of the laws of 2023, are amended and eight  new
 subdivisions  6,  7,  8,  9,  10,  11,  12,  and 13 are added to read as
 follows:
   2. seize any cannabis, cannabis  product,  cannabinoid  hemp  or  hemp
 extract  product,  or  any product marketed or labeled as such, found in
 the possession of a person engaged in the conduct described in  subdivi-
 sion  one of this section AND THEIR PLACE OF BUSINESS, INCLUDING A VEHI-
 CLE OR STORAGE FACILITY USED FOR SUCH BUSINESS;
   4. seek injunctive relief against any person engaging  in  conduct  in
 violation of this section; [and]
   5. request that the attorney general obtain judicial enforcement of an
 order issued under subdivision one of this section or bring an action or
 proceeding  for any relief otherwise authorized under this chapter for a
 violation of this chapter, including  the  recovery  of  any  applicable
 civil penalties[.];
   6.  IN  CONNECTION  WITH ANY REGULATORY INSPECTION OR INVESTIGATION OR
 ACTION THEREAFTER, REVIEW, SEIZE AND COPY RECORDS, INCLUDING  ELECTRONIC
 RECORDS  STORED  ON CLOUD PLATFORMS, WHICH MAY ESTABLISH THE DURATION OR
 EXTENT OF ANY UNLAWFUL OPERATION;
   7. IN CONNECTION WITH ANY ACTION  OR  PROCEEDING  AUTHORIZED  BY  THIS
 CHAPTER,  REQUEST  THAT  THE  ATTORNEY  GENERAL OR ANY POLICE OFFICER OR
 PEACE OFFICER SEIZE OR REMOVE ALL MATERIAL, EQUIPMENT, AND INSTRUMENTAL-
 ITIES USED IN THE CREATION AND MAINTENANCE OF THE CONDUCT  DESCRIBED  IN
 SUBDIVISION ONE OF THIS SECTION;
   8.  IN CONNECTION WITH ANY INSPECTION OR SUBSEQUENT INVESTIGATION OF A
 PERSON ENGAGED IN THE CONDUCT  DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION,  ISSUE  SUBPOENAS TO ANY OWNERS, MANAGERS, OR EMPLOYEES OF SUCH
 PERSON FOR INFORMATION REGARDING THE PERSON AND THE CONDUCT;
 S. 8305--A                         27                         A. 8805--A
 
   9. WITH THE ASSISTANCE OF LAW  ENFORCEMENT,  SEIZE  OR  IMPOUND  OTHER
 PROPERTY USED IN FURTHERANCE OF THE CONDUCT DESCRIBED IN SUBDIVISION ONE
 OF THIS SECTION;
   10.  UPON  AN  EX PARTE ORDER TO A COURT, REQUEST THE COURT TO ISSUE A
 RESTRAINING ORDER FREEZING LIQUID ASSETS TO ENFORCE  THE  PROVISIONS  OF
 THIS  SECTION  AND  SECTION  SIXTEEN-A  OF  THIS CHAPTER AND SECTION ONE
 HUNDRED THIRTY-TWO OF THIS ARTICLE;
   11. IN ACCORDANCE WITH THE PROCEDURES OUTLINED IN SECTION ONE  HUNDRED
 THIRTY-EIGHT-B  OF  THIS  CHAPTER,  ISSUE AND EXECUTE AN ORDER TO SEAL A
 BUILDING OR PREMISES OF ANY UNLICENSED BUSINESSES IN WHICH ANY PERSON IS
 ENGAGED IN CONDUCT IN VIOLATION OF THIS SECTION OR SECTION  ONE  HUNDRED
 TWENTY-FIVE OR ONE HUNDRED THIRTY-TWO OF THIS ARTICLE;
   12. UPON RECEIPT OF ONE OR MORE COMPLAINTS THAT A PERSON IS ENGAGED IN
 CONDUCT  DESCRIBED  IN SUBDIVISION ONE OF THIS SECTION, APPLY OR REQUEST
 THAT THE ATTORNEY GENERAL APPLY, WITHOUT NOTICE TO SUCH PERSON,  TO  THE
 SUPREME  COURT  IN  THE COUNTY IN WHICH THE PLACE OF BUSINESS IS LOCATED
 FOR AN ORDER GRANTING THE OFFICE OR BOARD ACCESS TO SUCH PLACE OF  BUSI-
 NESS.    THE  COURT  MAY  GRANT SUCH AN ORDER IT IF DETERMINES, BASED ON
 EVIDENCE PRESENTED BY THE ATTORNEY GENERAL,  THAT  THERE  IS  REASONABLE
 CAUSE  TO BELIEVE THAT SUCH PLACE OF BUSINESS IS THE SAME PLACE OF BUSI-
 NESS FOR WHICH THE OFFICE HAS RECEIVED SUCH COMPLAINTS. UPON INSPECTION,
 SUCH PERSON MAY BE ASSESSED A  CIVIL  PENALTY  OF  UP  TO  TEN  THOUSAND
 DOLLARS UNLESS THE PERSON PROVIDES BOOKS AND RECORDS TO THE OFFICE INDI-
 CATING  THAT ALL TRANSACTIONS AT THE PLACE OF BUSINESS DO NOT CONSTITUTE
 ACTIVITIES DESCRIBED IN SUBDIVISION ONE OF THIS SECTION; AND
   13. IF ANY PENALTY IS NOT PAID WITHIN SIX  MONTHS,  ENTER  THE  AMOUNT
 THEREOF AS A JUDGMENT IN THE OFFICE OF THE CLERK OF THE COUNTY OF ALBANY
 AND  IN  ANY  OTHER  COUNTY  IN WHICH THE PERSON RESIDES, HAS A PLACE OF
 BUSINESS, OR THROUGH WHICH IT OPERATES. IF SUCH JUDGMENT  HAS  NOT  BEEN
 SATISFIED  WITHIN  THIRTY  DAYS THEREAFTER, NO LICENSE, REGISTRATION, OR
 PERMIT SHALL BE ISSUED BY THE BOARD TO SUCH PERSON FOR THREE YEARS THER-
 EAFTER.
   § 12. The cannabis law is amended by adding a  new  section  138-b  to
 read as follows:
   §  138-B.  ORDERS  TO  SEAL.  1.  IN  ADDITION  TO ANY OTHER AUTHORITY
 CONFERRED IN THIS CHAPTER, PURSUANT TO THE PROVISIONS OF  THIS  SECTION,
 THE BOARD OR THE OFFICE SHALL HAVE THE AUTHORITY TO SEAL THE BUILDING OR
 PREMISES,  INCLUDING  THE STORAGE FACILITY, OF ANY BUSINESSES ENGAGED IN
 UNLICENSED ACTIVITY, WHEN SUCH ACTIVITY  IS  CONDUCTED,  MAINTAINED,  OR
 PERMITTED  IN SUCH BUILDING OR PREMISES, OCCUPIED AS A PLACE OF BUSINESS
 AS DESCRIBED IN SUBDIVISION EIGHT OF SECTION TEN  OF  THIS  CHAPTER,  IN
 VIOLATION OF SUBDIVISION ONE OR ONE-A OF SECTION ONE HUNDRED TWENTY-FIVE
 OR  SUBDIVISIONS  ONE OR EIGHT OF SECTION ONE HUNDRED THIRTY-TWO OF THIS
 ARTICLE.
   2. UPON SERVICE OF A NOTICE OF VIOLATION AND ORDER REQUIRING IMMEDIATE
 CESSATION OF UNLICENSED ACTIVITY PURSUANT TO SECTION ONE  HUNDRED  THIR-
 TY-EIGHT-A  OF  THIS  ARTICLE, THE OFFICE MAY ISSUE AN ORDER TO SEAL ANY
 BUILDING OR PREMISES INVOLVED IN THE UNLICENSED ACTIVITY  IN  ACCORDANCE
 WITH SUBDIVISION ONE OF THIS SECTION. SUCH ORDER TO SEAL SHALL BE SERVED
 AND  POSTED  IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER AND REGU-
 LATIONS PROMULGATED BY  THE  BOARD,  SHALL  BE  MADE  EFFECTIVE  ON  THE
 FIFTEENTH CALENDAR DAY AFTER THE DELIVERY AND POSTING OF SUCH ORDER, AND
 SHALL  CONTAIN  NOTICE OF THE RIGHT TO REQUEST A HEARING WITHIN FOURTEEN
 DAYS OF DELIVERY AND POSTING OF SUCH ORDER TO  SEAL.  IF  A  HEARING  IS
 REQUESTED  WITHIN SUCH FOURTEEN-DAY PERIOD, THE ORDER SHALL BE EFFECTIVE
 AS SET FORTH IN THE DETERMINATION OF THE BOARD OR THEIR DESIGNEE. IF  NO
 S. 8305--A                         28                         A. 8805--A
 
 HEARING IS REQUESTED WITHIN SUCH FOURTEEN-DAY PERIOD, THE ORDER SHALL BE
 EFFECTIVE AS NOTICED ON THE ORDER.
   3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
 THE OFFICE MAY ISSUE AN ORDER TO SEAL WITH AN IMMEDIATE  EFFECTIVE  DATE
 IF  SUCH  ORDER  IS  BASED  UPON  A FINDING BY THE OFFICE OF AN IMMINENT
 THREAT TO THE PUBLIC HEALTH OR SAFETY. IN SUCH CASES A HEARING SHALL  BE
 HELD  WITHIN  THREE  BUSINESS DAYS OF A REQUEST FOR SUCH HEARING, UNLESS
 OTHERWISE ADJOURNED BY AGREEMENT OF THE  PARTIES,  AND  A  DETERMINATION
 SHALL  BE  RENDERED  WITHIN FOUR BUSINESS DAYS OF THE CONCLUSION OF SUCH
 HEARING.
   4. THE FINDING OF WHETHER AN IMMINENT THREAT TO THE PUBLIC  HEALTH  OR
 SAFETY EXISTS SHALL BE BASED ON FACTORS THAT INCLUDE BUT ARE NOT LIMITED
 TO:
   (A) DOCUMENTED SALES TO MINORS;
   (B)  UNLICENSED  PROCESSING  OF  CANNABIS  PRODUCTS AT THE BUILDING OR
 PREMISES;
   (C) SALES OF PRODUCTS GROWN, PROCESSED, OR PACKAGED IN ANOTHER  STATE,
 OR LABELED AS SUCH;
   (D) ORDERS ISSUED FOLLOWING ISSUANCE OF AN ORDER BY A COURT TO INSPECT
 THE BUILDING OR PREMISES;
   (E)  ORDERS  ISSUED FOLLOWING AN INSPECTION WHEREIN THE PERSON ENGAGED
 IN THE UNLICENSED ACTIVITY ENGAGED  IN  VIOLENT,  TUMULTUOUS,  OR  OTHER
 BEHAVIORS  INDICATING  EXPRESSED  INTENT TO NOT COMPLY WITH THE OFFICE'S
 ORDER TO CEASE THE UNLICENSED ACTIVITY;
   (F) DOCUMENTED PRESENCE OF UNLAWFUL FIREARMS AT THE BUILDING OR  PREM-
 ISES;
   (G)  PROXIMITY  OF  THE  BUILDING  OR  PREMISES  TO  LOCATIONS SUCH AS
 SCHOOLS, HOUSES OF WORSHIP, OR PUBLIC YOUTH FACILITIES; OR
   (H) OTHER FACTORS THAT THE BOARD MAY ESTABLISH BY RULE  OR  REGULATION
 PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
   SUCH  ORDERS  TO SEAL SHALL BE SERVED IN THE SAME MANNER AS THE NOTICE
 OF VIOLATION AND ORDER TO CEASE UNLICENSED ACTIVITY.
   5. NOTWITHSTANDING THE FACTORS LISTED  IN  SUBDIVISION  FOUR  OF  THIS
 SECTION,  THE OFFICE MAY ISSUE AN ORDER TO SEAL WITH AN IMMEDIATE EFFEC-
 TIVE DATE UPON A SECOND, THIRD, OR FOURTH INSPECTION IN WHICH UNLICENSED
 ACTIVITY IS CONFIRMED TO BE CONTINUING MORE THAN TEN CALENDAR DAYS AFTER
 A NOTICE OF VIOLATION AND ORDER TO CEASE UNLICENSED ACTIVITY WAS  PREVI-
 OUSLY ISSUED BY THE OFFICE.
   6.  AN ORDER TO SEAL MAY BE ISSUED BY THE OFFICE OR THE BOARD PURSUANT
 TO SUBDIVISION THREE OF THIS SECTION ONLY IF: (A) NO PART OF THE  BUILD-
 ING OR PREMISES TO BE SEALED IS USED IN PART AS A RESIDENCE AND PURSUANT
 TO LOCAL LAW OR ORDINANCE IS ZONED AND LAWFULLY OCCUPIED AS A RESIDENCE;
 AND  (B)  THE  UNLICENSED  ACTIVITY AS DESCRIBED IN THIS SECTION IS MORE
 THAN A DE MINIMIS PART OF THE BUSINESS ACTIVITY ON THE  PREMISES  OR  IN
 THE BUILDING TO BE SEALED PURSUANT TO THE ORDER.
   7. IN ASSESSING WHETHER UNLICENSED ACTIVITY WITHIN A BUILDING OR PREM-
 ISES  IS  MORE  THAN DE MINIMIS, THE OFFICE OR BOARD, AS RELEVANT, SHALL
 CONSIDER SUCH FACTORS AS:
   (A) THE PRESENCE OF SIGNS OR SYMBOLS, INDOORS OR OUT, ADVERTISING  THE
 SALE  OF  CANNABIS  OR OTHERWISE INDICATING THAT CANNABIS IS SOLD ON THE
 PREMISES;
   (B) INFORMATION  SHARED  IN  ANY  ADVERTISEMENTS  OR  OTHER  MARKETING
 CONTENT  IN  CONNECTION  WITH  THE UNLICENSED BUSINESS AND ANY DIRECT OR
 INDIRECT SALES OF CANNABIS OR OTHER CONDUCT IN VIOLATION OF  THIS  CHAP-
 TER; AND
   (C) AN ASSESSMENT OF THE VOLUME OF ILLICIT CANNABIS PRODUCTS ON SITE.
 S. 8305--A                         29                         A. 8805--A
 
   8.  UPON  A REQUEST BY THE OFFICE, ANY POLICE OFFICER OR PEACE OFFICER
 WITH JURISDICTION MAY ASSIST IN THE ENFORCEMENT  OF  AN  ORDER  TO  SEAL
 ISSUED  BY  THE  OFFICE  OR  THE BOARD, IN ACCORDANCE WITH THE FOLLOWING
 PROCEDURES:
   (A)  THE  POLICE  OFFICER  OR  PEACE OFFICER SERVING AND EXECUTING THE
 ORDER TO SEAL SHALL FORTHWITH MAKE AND RETURN TO THE OFFICE AN INVENTORY
 OF PERSONAL PROPERTY SITUATED IN AND USED IN CONDUCTING, MAINTAINING, OR
 PERMITTING THE UNLICENSED ACTIVITY WITHIN THE SCOPE OF THIS CHAPTER  AND
 SHALL  ENTER UPON THE BUILDING OR PREMISES FOR SUCH PURPOSE. SUCH INVEN-
 TORY SHALL BE TAKEN IN ANY MANNER WHICH IS DEEMED LIKELY TO  EVIDENCE  A
 TRUE  AND  ACCURATE  REPRESENTATION  OF THE PERSONAL PROPERTY SUBJECT TO
 SUCH INVENTORY INCLUDING, BUT NOT LIMITED TO PHOTOGRAPHING SUCH PERSONAL
 PROPERTY.
   (B) THE POLICE OFFICER OR PEACE  OFFICER  SERVING  AND  EXECUTING  THE
 ORDER  TO SEAL SHALL ENTER THE BUILDING OR PREMISES AND, UPON SERVICE OF
 THE ORDER, COMMAND ALL PERSONS PRESENT IN THE BUILDING  OR  PREMISES  TO
 VACATE  THE  PREMISES  FORTHWITH.  UPON  THE  BUILDING OR PREMISES BEING
 VACATED, THE PREMISES SHALL BE SECURELY LOCKED AND ALL KEYS DELIVERED TO
 THE OFFICER SERVING THE ORDER WHO THEREAFTER SHALL DELIVER THE  KEYS  TO
 THE  FEE  OWNER, LESSOR, OR LESSEE OF THE BUILDING OR PREMISES INVOLVED.
 IF THE FEE OWNER, LESSOR, OR LESSEE IS NOT AT THE BUILDING  OR  PREMISES
 WHEN THE ORDER IS BEING EXECUTED, THE OFFICER SHALL SECURELY PADLOCK THE
 PREMISES  AND  RETAIN THE KEYS UNTIL THE FEE OWNER, LESSOR, OR LESSEE OF
 THE BUILDING IS ASCERTAINED, IN WHICH EVENT, THE OFFICER  SHALL  DELIVER
 THE KEYS TO SUCH FEE OWNER, LESSOR, OR LESSEE.
   (C)  UPON SERVICE AND EXECUTION OF THE ORDER TO SEAL, THE POLICE OFFI-
 CER OR PEACE OFFICER SHALL POST A COPY THEREOF IN A CONSPICUOUS PLACE OR
 UPON ONE OR MORE OF THE PRINCIPAL DOORS AT ENTRANCES  OF  SUCH  PREMISES
 WHERE THE UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMIT-
 TED.  IN  ADDITION,  THE  OFFICER SHALL AFFIX, IN A CONSPICUOUS PLACE OR
 UPON ONE OR MORE OF THE PRINCIPAL DOORS AT ENTRANCES OF SUCH PREMISES, A
 PRINTED NOTICE THAT THE PREMISES HAVE BEEN CLOSED BY ORDER OF THE CANNA-
 BIS CONTROL BOARD, AND THE NAME OF THE OFFICER  OR  AGENCY  POSTING  THE
 NOTICE.
   (D)  MUTILATION  OR  REMOVAL  OF  SUCH A POSTED ORDER OR SUCH A POSTED
 NOTICE WHILE IT REMAINS IN FORCE, IN ADDITION TO  ANY  OTHER  PUNISHMENT
 PRESCRIBED  BY LAW, SHALL BE PUNISHABLE, ON CONVICTION, BY A FINE OF NOT
 MORE THAN FIVE THOUSAND DOLLARS OR BY IMPRISONMENT NOT EXCEEDING  NINETY
 DAYS,  OR  BY  BOTH,  PROVIDED  SUCH  ORDER OR NOTICE CONTAINS THEREIN A
 NOTICE OF SUCH PENALTY. SUCH PENALTY SHALL BE ENFORCED BY THE BOARD  OR,
 UPON A REQUEST BY THE OFFICE, THE OFFICE OF THE ATTORNEY GENERAL OR BY A
 COURT OF COMPETENT JURISDICTION.
   (E)  MUTILATION  OR  REMOVAL  OF THE SECURE PADLOCK WHILE THE ORDER TO
 SEAL REMAINS IN PLACE SHALL BE PUNISHABLE, UPON CONVICTION, BY A FINE OF
 NOT MORE THAN TWENTY THOUSAND DOLLARS OR BY A CLASS E FELONY, OR BOTH.
   THE OFFICE SHALL ALSO ADHERE TO THESE  PROCEDURES  WHEN  EXECUTING  AN
 ORDER TO SEAL ISSUED IN ACCORDANCE WITH THIS SECTION.
   9. ANY ORDER TO SEAL ISSUED BY THE OFFICE OR THE BOARD SHALL BE EFFEC-
 TIVE  FOR ONE YEAR FROM THE POSTING OF THE JUDGMENT PROVIDED FOR IN THIS
 SECTION. AN ORDER TO SEAL MAY BE VACATED BY THE  OFFICE  OR  THE  BOARD,
 UPON NOTICE TO THE OFFICE, IF THE RESPONDENT SHOWS BY AFFIDAVIT AND SUCH
 OTHER  PROOF  AS  MAY BE SUBMITTED BY THE RESPONDENT THAT THE UNLICENSED
 ACTIVITY HAS BEEN ABATED. AN ORDER VACATING A PREVIOUSLY ISSUED ORDER TO
 SEAL SHALL INCLUDE A PROVISION AUTHORIZING THE  OFFICE,  OR  ANY  POLICE
 OFFICER OR PEACE OFFICER WHO ASSISTED WITH THE EXECUTION OF THE ORDER TO
 SEAL,  TO  INSPECT  THE BUILDING OR PREMISES PERIODICALLY WITHOUT NOTICE
 S. 8305--A                         30                         A. 8805--A

 FOR THE PURPOSE OF ASCERTAINING WHETHER OR NOT THE  UNLICENSED  ACTIVITY
 HAS  BEEN RESUMED. ANY POLICE OFFICER OR PEACE OFFICER WITH JURISDICTION
 MAY, UPON THE REQUEST OF THE OFFICE, ASSIST IN  THE  ENFORCEMENT  OF  AN
 INSPECTION PROVISION OF AN ORDER VACATING AN ORDER TO SEAL.
   10.  THE  OFFICE SHALL MAIL A COPY, BY CERTIFIED MAIL, OF ANY ORDER TO
 SEAL ISSUED BY THE OFFICE OR BOARD WITHIN FIVE DAYS  FOLLOWING  ISSUANCE
 OF  SUCH  ORDER  TO THE PERSON IN WHOSE NAME THE REAL ESTATE AFFECTED BY
 THE ORDER IS RECORDED IN THE OFFICE OF THE CITY REGISTER OR  THE  COUNTY
 CLERK,  AS THE CASE MAY BE, WHO SHALL BE PRESUMED TO BE THE OWNER THERE-
 OF. SUCH MAILING SHALL CONSTITUTE NOTICE  TO  THE  OWNER  AND  SHALL  BE
 DEEMED TO BE COMPLETE UPON SUCH MAILING BY THE OFFICE AS PROVIDED ABOVE.
   11.  IF  AT  ANY  TIME  A  RESPONDENT VACATES THE BUILDING OR PREMISES
 SUBJECT TO AN ORDER TO SEAL ISSUED BY THE OFFICE OR  BOARD,  OR  IF  THE
 BUILDING OWNER PROVIDES SUFFICIENT PROOF THEREOF, ANY ACTION OR PROCEED-
 ING  FILED IN ACCORDANCE WITH THESE PROCEDURES RELATING TO SUCH BUILDING
 OR PREMISES MAY BE WITHDRAWN BY THE OFFICE OR THE BOARD  WITHOUT  PREJU-
 DICE, AND ANY ORDER TO SEAL MAY BE VACATED.
   12.  THE  REMEDIES  PROVIDED FOR IN THIS SECTION ARE NOT EXCLUSIVE AND
 THE OFFICE OR BOARD MAY ALSO REQUEST AND RECOVER PENALTIES IN ACCORDANCE
 WITH OTHER PROVISIONS IN THIS CHAPTER.
   § 13. This act shall  take  effect  immediately  and  shall  apply  to
 offenses  committed  on  or  after the date this act shall have become a
 law; provided, however that the amendments to section 16-a of the canna-
 bis law made by section four of this act shall not affect the repeal  of
 such section and shall be deemed repealed therewith.
 
                                  PART H
 
   Section  1. The opening paragraph of subdivision 1 of section 110-b of
 the alcoholic beverage control law, as amended by  chapter  222  of  the
 laws of 2019, is amended to read as follows:
   Not  [less  than  thirty nor] more than two hundred [and] seventy days
 before filing any of the  following  applications,  an  applicant  shall
 notify  the municipality in which the premises is located of such appli-
 cant's intent to file such an application:
   § 2. The opening paragraph of subdivision 2 of  section  99-d  of  the
 alcoholic beverage control law, as amended by chapter 560 of the laws of
 2011, is amended to read as follows:
   Before any change in the members of a limited liability company or the
 transfer  or  assignment of a membership interest in a limited liability
 company or any corporate change in stockholders, stockholdings, alcohol-
 ic beverage officers, officers or directors, except officers and  direc-
 tors  of  a  premises  licensed  as a club or a luncheon club under this
 chapter can be effectuated for the purposes of this chapter, there shall
 be filed with the liquor authority an application for permission to make
 such change and there shall be paid to the liquor authority  in  advance
 upon  filing  of  the  application  a  fee  of  one hundred twenty-eight
 dollars. SUCH APPLICATION SHALL BE DEEMED APPROVED AND IN EFFECT IF  NOT
 DISAPPROVED  BY  THE  AUTHORITY  PRIOR  TO THE EXPIRATION OF NINETY DAYS
 AFTER RECEIPT BY THE AUTHORITY.
   § 3. Subdivision 1 of section 98 of  the  alcoholic  beverage  control
 law,  as  amended by chapter 703 of the laws of 2022, is amended to read
 as follows:
   1. The liquor authority is hereby authorized  to  issue  to  a  retail
 licensee  for on-premises consumption or a licensed off-premises caterer
 furnishing provisions and service for  use  at  a  particular  function,
 S. 8305--A                         31                         A. 8805--A
 
 occasion  or event in a hotel, restaurant, club, ballroom or other prem-
 ises a temporary [indoor] permit effective for a period  not  to  exceed
 twenty-four  consecutive  hours,  which  shall  authorize the service of
 alcoholic  beverages  at  such  function,  occasion  or event within the
 hours, fixed by or pursuant to subdivision five of section  one  hundred
 six  of  this  chapter, during which alcoholic beverages may lawfully be
 sold or served upon premises licensed to  sell  alcoholic  beverages  at
 retail  for on-premises consumption in the community in which is located
 the premises in which such function, occasion or event is held. The  fee
 therefor  shall  be thirty-eight dollars. Such a permit and the exercise
 of the privilege granted thereby may be subjected to such rules  by  the
 liquor authority as it deems necessary and such rules as are in conform-
 ity  with  the  provisions  of  subdivision  two of this section. Such a
 permit may also be issued for functions, occasions or events at premises
 for which a summer license has been previously issued pursuant  to  this
 chapter.
   §  4.  Subdivision  1  of section 97 of the alcoholic beverage control
 law, as amended by section 19 of part Z of chapter 85  of  the  laws  of
 2002, is amended to read as follows:
   1.  The  liquor  authority  is  hereby  authorized  to issue temporary
 permits effective for a period not  to  exceed  twenty-four  consecutive
 hours  to  authorize  the  sale of beer [and], wine [manufactured in New
 York state], CIDER, MEAD AND/OR BRAGGOT, AND LIQUOR at outdoor or indoor
 gatherings, functions, occasions or events, within the hours fixed by or
 pursuant to subdivision five of section one hundred six of this chapter,
 during which alcoholic beverages may lawfully be  sold  or  served  upon
 premises  licensed to sell alcoholic beverages at retail for on-premises
 consumption in the community in which is located the premises  in  which
 such  gathering,  function,  occasion or event is held. The fee for such
 permit shall be twenty-six dollars. Such permit and the exercise of  the
 privilege  granted  thereby shall be subject to such rules of the liquor
 authority as it deems necessary.
   § 5. Subdivision 2 of section 105 of the  alcoholic  beverage  control
 law is REPEALED.
   §  6.  This  act shall take effect immediately, and shall apply to all
 applications received by the state liquor authority on  and  after  such
 date.  Effective  immediately,  the addition, amendment and/or repeal of
 any rule or regulation by the state liquor authority necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.
 
                                  PART I

   Section 1. The alcoholic beverage control law is amended by  adding  a
 new section 97-d to read as follows:
   §  97-D.  TEMPORARY  WHOLESALE  PERMIT. 1. ANY PERSON MAY APPLY TO THE
 LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC  BEVER-
 AGE  WHOLESALE  FACILITY  AS  MAY  BE  LICENSED UNDER THIS CHAPTER. SUCH
 APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN  INFORMA-
 TION  AS  THE  LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE
 ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
 DOLLARS FOR SUCH PERMIT.
   2. UPON APPLICATION, THE LIQUOR AUTHORITY  MAY  ISSUE  SUCH  TEMPORARY
 PERMIT WHEN:
 S. 8305--A                         32                         A. 8805--A

   (A)  THE  APPLICANT  HAS  A  WHOLESALE LICENSE APPLICATION AT THE SAME
 PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
 FILING AND LICENSE FEES;
   (B)  THE  APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF ALL PERMITS,
 LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
 NESS; AND
   (C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES HAS BEEN SURRENDERED
 OR PLACED IN SAFEKEEPING, OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
   3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
   (A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE  OPERATION
 OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER;
   (B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
 THE WHOLESALE LICENSE BEING APPLIED FOR; AND
   (C)  THE  APPLICANT  HAS  SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS
 NECESSARY TO OBTAIN SUCH LICENSE.
   4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED  OR  DENIED  BY  THE
 LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
 CATION.
   5.  A  TEMPORARY  PERMIT  SHALL  AUTHORIZE  THE PERMITTEE TO OPERATE A
 WHOLESALE FACILITY FOR THE PURCHASE, WAREHOUSING, AND SALE OF  ALCOHOLIC
 BEVERAGES  ACCORDING  TO  THE  LAWS  APPLICABLE TO THE TYPE OF WHOLESALE
 LICENSE BEING APPLIED FOR.
   6. SUCH TEMPORARY PERMIT SHALL REMAIN IN  EFFECT  FOR  SIX  MONTHS  OR
 UNTIL  THE  WHOLESALE  LICENSE  BEING  APPLIED  FOR  IS APPROVED AND THE
 LICENSE GRANTED, WHICHEVER IS SHORTER. SUCH PERMIT MAY  BE  EXTENDED  AT
 THE  DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH PERI-
 ODS OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR  EACH
 SUCH EXTENSION.
   7.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
 WHOLESALE PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME  IF
 THE  LIQUOR  AUTHORITY  DETERMINES  THAT  GOOD CAUSE FOR CANCELLATION OR
 SUSPENSION EXISTS.  THE  LIQUOR  AUTHORITY  SHALL  PROMPTLY  NOTIFY  THE
 PERMITTEE  IN  WRITING  OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET
 FORTH THE REASONS FOR SUCH ACTION.
   8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
 ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
 WISE SHOWN. A DECISION ON AN APPLICATION SHALL BE BASED  ON  SUBSTANTIAL
 EVIDENCE  IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE
 IN FAVOR OF THE APPLICANT.
   § 2. Section 104 of the alcoholic beverage control law is  amended  by
 adding a new subdivision 4 to read as follows:
   4.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA-
 RY, THE AUTHORITY MAY ISSUE A CIDER PRODUCER  OR  WHOLESALER'S  LICENSE,
 BEER  WHOLESALER'S  LICENSE, WINE WHOLESALER'S LICENSE, OR LIQUOR WHOLE-
 SALER'S LICENSE TO THE HOLDER OF ANY WHOLESALER'S LICENSE ISSUED  PURSU-
 ANT  TO  THIS CHAPTER FOR USE AT SUCH LICENSEE'S EXISTING LICENSED PREM-
 ISES. THE LIQUOR AUTHORITY IS HEREBY AUTHORIZED TO ADOPT SUCH  RULES  AS
 IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSES OF THIS SUBDIVISION.
   §  3.  This  act  shall take effect immediately and shall apply to all
 applications filed after the date it shall have become a law.
 
                                  PART J
 
   Section 1. Section 4 of chapter 118 of the laws of 2012  amending  the
 alcoholic  beverage  control  law relating to the powers of the chairman
 S. 8305--A                         33                         A. 8805--A
 
 and members of the authority, as amended by chapter 124 of the  laws  of
 2021, is amended to read as follows:
   §  4.  This act shall take effect immediately [and shall expire and be
 deemed repealed twelve years after such date].
   § 2. This act shall take effect immediately.
 
                                  PART K
 
   Section 1. Section 5 of chapter 396 of the laws of 2010  amending  the
 alcoholic  beverage  control  law  relating  to liquidator's permits and
 temporary retail permits, as amended by section 1 of part O  of  chapter
 55 of the laws of 2023, is amended to read as follows:
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, provided that  paragraph  (b)  of  subdivision  1  of
 section  97-a  of the alcoholic beverage control law as added by section
 two of this act shall expire and be deemed repealed October  12,  [2024]
 2025.
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Chapter 238 of the laws of 2021 is REPEALED.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 111-a to read as follows:
   § 111-A. USE OF CONTIGUOUS AND NON-CONTIGUOUS MUNICIPAL  PUBLIC  SPACE
 FOR  ON-PREMISES  ALCOHOLIC  BEVERAGE SALES BY CERTAIN LICENSEES. 1. THE
 HOLDER OF A RETAIL  ON-PREMISES  LICENSE  ISSUED  PURSUANT  TO  SECTIONS
 FIFTY-FIVE, SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-C, SIXTY-FOUR-D, EIGHT-
 Y-ONE,  OR  EIGHTY-ONE-A OF THIS CHAPTER OR A MANUFACTURING LICENSE THAT
 INCLUDES A PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES AT  RETAIL
 FOR  ON-PREMISES CONSUMPTION ON THE LICENSED PREMISES ISSUED PURSUANT TO
 SECTION THIRTY, THIRTY-ONE, FIFTY-ONE, FIFTY-ONE-A, FIFTY-EIGHT,  FIFTY-
 EIGHT-C,  SUBDIVISION  TWO-C  OF SECTION SIXTY-ONE, SECTION SEVENTY-SIX,
 SEVENTY-SIX-A, SEVENTY-SIX-C, OR SEVENTY-SIX-D OF THIS CHAPTER MAY  FILE
 AN ALTERATION APPLICATION WITH THE AUTHORITY PURSUANT TO SUBDIVISION ONE
 OF SECTION NINETY-NINE-D OF THIS CHAPTER FOR PERMISSION TO ADD MUNICIPAL
 PUBLIC SPACE THAT IS EITHER CONTIGUOUS OR NON-CONTIGUOUS TO THE LICENSED
 PREMISES.  UPON APPROVAL OF SUCH ALTERATION APPLICATION, SUCH A LICENSEE
 MAY EXERCISE THE PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC  BEVERAGES  AT
 RETAIL  FOR ON-PREMISES CONSUMPTION ON CONTIGUOUS MUNICIPAL PUBLIC SPACE
 OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE PROVIDED:
   (A) THE MUNICIPALITY IN WHICH THE LICENSED PREMISES IS LOCATED  ISSUES
 A  PERMIT  OR THE RESPONSIBLE MUNICIPAL REGULATORY BODY OR AGENCY ISSUES
 WRITTEN AUTHORIZATION TO THE LICENSEE TO SELL AND/OR SERVE FOOD ON  SUCH
 CONTIGUOUS  MUNICIPAL  PUBLIC  SPACE  OR NON-CONTIGUOUS MUNICIPAL PUBLIC
 SPACE;
   (B) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A COPY OF SUCH MUNIC-
 IPAL PERMIT OR OTHER WRITTEN AUTHORIZATION  ALONG  WITH  THE  ALTERATION
 APPLICATION;
   (C)  THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A COPY OF THE PERMIT
 APPLICATION SUBMITTED TO THE MUNICIPALITY TO OBTAIN THE MUNICIPAL PERMIT
 OR OTHER WRITTEN AUTHORIZATION FROM  THE  MUNICIPALITY  ALONG  WITH  THE
 ALTERATION APPLICATION;
   (D)  THE  LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A DIAGRAM DEPICTING
 BOTH THE LICENSED PREMISES AND THE CONTIGUOUS MUNICIPAL PUBLIC SPACE  OR
 S. 8305--A                         34                         A. 8805--A
 
 NON-CONTIGUOUS  MUNICIPAL  PUBLIC  SPACE TO BE USED BY THE LICENSEE WITH
 THE ALTERATION APPLICATION;
   (E)  THE  LICENSEE  SUBMITS  TO THE LIQUOR AUTHORITY PROOF THAT IT HAS
 PROVIDED COMMUNITY NOTIFICATION TO THE MUNICIPALITY,  INCLUDING  MUNICI-
 PALITIES  OUTSIDE  THE  CITY OF NEW YORK, IN A MANNER CONSISTENT WITH OR
 REQUIRED BY SUBDIVISION TWO OF SECTION ONE HUNDRED TEN-B OF THIS ARTICLE
 AS REQUIRED FOR THE CITY OF NEW YORK; AND
   (F) USE OF ANY SUCH  CONTIGUOUS  OR  NON-CONTIGUOUS  MUNICIPAL  PUBLIC
 SPACE  MEETS  ALL  APPLICABLE FEDERAL, STATE OR LOCAL LAWS, RULES, REGU-
 LATIONS, GUIDANCE, CONDITIONS OR REQUIREMENTS.
   2. FOR THE PURPOSES OF THIS  SECTION:  (A)  "NON-CONTIGUOUS  MUNICIPAL
 PUBLIC SPACE" SHALL MEAN SPACE THAT: (I) IS LOCATED IN FRONT OF, BEHIND,
 OR  TO  THE  SIDE  OF THE LICENSED PREMISES; (II) IS WITHIN THE PROPERTY
 BOUNDARIES OF THE LICENSED PREMISES AS EXTENDED OUT; OR WITHIN THE PROP-
 ERTY BOUNDARIES OF THE NEAREST ADJACENT PROPERTIES ON EITHER SIDE; (III)
 DOES NOT EXTEND FURTHER THAN THE MIDLINE OF ANY PUBLIC ROADWAY; (IV)  IS
 SEPARATED  FROM THE LICENSED PREMISES ONLY BY ONE OR MORE OF THE FOLLOW-
 ING: A PEDESTRIAN THOROUGHFARE, A THOROUGHFARE PRIMARILY  RESTRICTED  TO
 USE  BY BICYCLES, OR A PORTION OF A THOROUGHFARE WITH SUCH RESTRICTIONS;
 AND (V) OTHERWISE COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND  LOCAL
 REQUIREMENTS.
   (B)  "CONTIGUOUS MUNICIPAL PUBLIC SPACE" SHALL MEAN SPACE THAT: (I) IS
 LOCATED IN FRONT OF, BEHIND, OR TO THE SIDE OF  THE  LICENSED  PREMISES;
 (II)  IS  WITHIN  THE  PROPERTY  BOUNDARIES  OF THE LICENSED PREMISES AS
 EXTENDED OUT; OR WITHIN THE PROPERTY BOUNDARIES OF THE NEAREST  ADJACENT
 PROPERTIES  ON EITHER SIDE; (III) OTHERWISE COMPLIES WITH ALL APPLICABLE
 FEDERAL, STATE AND LOCAL REQUIREMENTS.
   3. LICENSEES CHOOSING TO UTILIZE NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE
 THAT INCLUDES A THOROUGHFARE PRIMARILY RESTRICTED TO USE BY BICYCLES, OR
 A PORTION OF A THOROUGHFARE WITH SUCH RESTRICTIONS, SHALL POST A SIGN OR
 POSTER IN SAID MUNICIPAL OUTDOOR SPACE WITH CONSPICUOUS LETTERING IN  AT
 LEAST  SEVENTY-TWO  POINT  BOLD FACE FONT THAT STATES: "CAUTION: BICYCLE
 LANE" PRIOR TO AND WHILE UTILIZING ANY SUCH MUNICIPAL SPACE FOR ON-PREM-
 ISES ALCOHOLIC BEVERAGE SALES TO PATRONS. SUCH LICENSEES SHALL BE SOLELY
 RESPONSIBLE FOR PRODUCTION OF AND MAINTENANCE OF SUCH SIGNAGE.   COMPLI-
 ANCE  BY  THE  LICENSEE  WITH  THE PROVISIONS OF ANY LOCAL LAW REQUIRING
 POSTING OF WARNING SIGNS REGARDING BICYCLE LANES ENACTED  ON  OR  BEFORE
 THE  EFFECTIVE  DATE OF THIS SECTION SHALL BE DEEMED TO BE IN COMPLIANCE
 WITH THE PROVISIONS OF THIS SECTION. NOTHING CONTAINED HEREIN,  HOWEVER,
 SHALL  BE  DEEMED  TO  EXEMPT  ANY LICENSEE NOT OTHERWISE SUBJECT TO THE
 PROVISIONS OF ANY SUCH LOCAL LAW FROM COMPLYING WITH THE  PROVISIONS  OF
 THIS SECTION.
   4.  IF  AT  ANY  TIME THE MUNICIPALITY REVOKES, CANCELS OR SUSPENDS OR
 OTHERWISE TERMINATES THE LICENSEE'S AUTHORIZATION TO USE SUCH CONTIGUOUS
 MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS  MUNICIPAL  PUBLIC  SPACE,  THE
 LICENSEE SHALL IMMEDIATELY CEASE EXERCISING THE PRIVILEGE TO SELL AND/OR
 SERVE  ALCOHOLIC  BEVERAGES  AT RETAIL FOR CONSUMPTION ON SUCH MUNICIPAL
 PUBLIC SPACE. THE LICENSEE SHALL THEN FILE A NEW ALTERATION  APPLICATION
 REMOVING  THE  MUNICIPAL  PUBLIC  SPACE  FROM ITS LICENSED PREMISES. THE
 FAILURE TO FILE A NEW ALTERATION APPLICATION WITH THE  AUTHORITY  WITHIN
 TEN  BUSINESS DAYS OF THE REVOCATION, CANCELLATION, SUSPENSION, OR OTHER
 TERMINATION BY THE LOCAL MUNICIPALITY OF THE LICENSEE'S AUTHORIZATION TO
 USE SUCH CONTIGUOUS OR NON-CONTIGUOUS MUNICIPAL PUBLIC  SPACE  SHALL  BE
 CAUSE  FOR  REVOCATION,  CANCELLATION, SUSPENSION AND/OR IMPOSITION OF A
 CIVIL PENALTY AGAINST THE LICENSE IN ACCORDANCE WITH SECTION ONE HUNDRED
 EIGHTEEN OF THIS ARTICLE.
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   5. THE AUTHORITY MAY PROMULGATE  GUIDANCE,  RULES  AND/OR  REGULATIONS
 NECESSARY  TO  IMPLEMENT THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING
 EXISTING PROVISIONS OF THIS CHAPTER,  THE  AUTHORITY  IS  AUTHORIZED  TO
 PROVIDE  SIMPLIFIED  APPLICATIONS AND NOTIFICATION PROCEDURES FOR LICEN-
 SEES SEEKING TO UTILIZE MUNICIPAL SPACE FOR ON-PREMISES ALCOHOLIC BEVER-
 AGE  SALES  WHENEVER  POSSIBLE  OR  APPROPRIATE. NOTHING IN THIS SECTION
 SHALL PROHIBIT THE AUTHORITY FROM REQUESTING ADDITIONAL INFORMATION FROM
 ANY APPLICANT SEEKING TO USE NEW MUNICIPAL SPACE OR RENEWAL OF  EXISTING
 MUNICIPAL SPACE.
   §  3.  This  act  shall take effect immediately and shall apply to all
 applications received by the state liquor authority on  and  after  such
 effective  date.   Effective immediately, the authority is authorized to
 undertake the addition, amendment and/or repeal of  any  rule  or  regu-
 lation necessary for the implementation of this act.
 
                                  PART M
 
   Section  1. Subdivision 15 of section 201 of the workers' compensation
 law, as added by section 2 of part SS of chapter 54 of the laws of 2016,
 is amended to read as follows:
   15. "Family leave" shall mean any leave  taken  by  an  employee  from
 work:    (a)  to  participate  in  providing care, including physical or
 psychological care, for a family member of the employee  made  necessary
 by  a serious health condition of the family member; or (b) to bond with
 the employee's child during the first twelve months  after  the  child's
 birth,  or  the first twelve months after the placement of the child for
 adoption or foster care with the employee; or (c) because of any  quali-
 fying exigency as interpreted under the family and medical leave act, 29
 U.S.C.S  §  2612(a)(1)(e) and 29 C.F.R. S.825.126(a)(1)-(8), arising out
 of the fact that the spouse, domestic partner, child, or parent  of  the
 employee is on active duty (or has been notified of an impending call or
 order  to  active duty) in the armed forces of the United States; OR (D)
 FOR  AN  EMPLOYEE  TO  RECEIVE  PRENATAL  CARE  DURING  THE   EMPLOYEE'S
 PREGNANCY.
   § 2. Section 201 of the workers' compensation law is amended by adding
 a new subdivision 25 to read as follows:
   25.  "PRENATAL  CARE"  MEANS  THE  HEALTH CARE RECEIVED BY AN EMPLOYEE
 DURING PREGNANCY RELATED TO SUCH PREGNANCY. PRENATAL CARE INCLUDES PHYS-
 ICAL EXAMS, MONITORING AND TESTING AS WELL AS DISCUSSIONS WITH A  HEALTH
 CARE PROVIDER RELATED TO THE PREGNANCY.
   §  3.  Paragraph  (a)  of subdivision 2 of section 204 of the workers'
 compensation law, as added by section 5 of part SS of chapter 54 of  the
 laws of 2016, is amended to read as follows:
   (a)  The  weekly  benefit for family leave that occurs (i) on or after
 January first, two thousand eighteen shall not exceed eight weeks during
 any fifty-two week calendar period and shall be  fifty  percent  of  the
 employee's average weekly wage but shall not exceed fifty percent of the
 state  average weekly wage, (ii) on or after January first, two thousand
 nineteen shall not exceed ten weeks during any fifty-two  week  calendar
 period  and shall be fifty-five percent of the employee's average weekly
 wage but shall not exceed fifty-five percent of the state average weekly
 wage, (iii) on or after January first, two  thousand  twenty  shall  not
 exceed  ten weeks during any fifty-two week calendar period and shall be
 sixty percent of the employee's average weekly wage but shall not exceed
 sixty percent of the state average weekly wage, and  (iv)  on  or  after
 January  first  of  each  succeeding year, shall not exceed twelve weeks
 S. 8305--A                         36                         A. 8805--A
 
 during any fifty-two week  calendar  period  and  shall  be  sixty-seven
 percent  of  the  employee's  average  weekly  wage but shall not exceed
 sixty-seven percent of the New York state average weekly wage in effect.
 ON  OR  AFTER  JANUARY  FIRST, TWO THOUSAND TWENTY-FIVE, THE BENEFIT FOR
 PRENATAL CARE SHALL NOT EXCEED FORTY HOURS  DURING  ANY  FIFTY-TWO  WEEK
 CALENDAR  PERIOD AND SUCH LEAVE FOR PRENATAL CARE MAY BE TAKEN IN HOURLY
 INCREMENTS AND IN ADDITION  TO  ANY  OTHER  FAMILY  LEAVE  BENEFITS  THE
 EMPLOYEE  MAY BE ELIGIBLE FOR DURING THE SAME FIFTY-TWO WEEK PERIOD. The
 superintendent of financial services shall have discretion to delay  the
 increases  in  the  family leave benefit level provided in subparagraphs
 (ii), (iii), and (iv) of this paragraph by one or more  calendar  years.
 In determining whether to delay the increase in the family leave benefit
 for  any  year, the superintendent of financial services shall consider:
 (1) the current cost to employees of the family leave  benefit  and  any
 expected  change in the cost after the benefit increase; (2) the current
 number of insurers issuing insurance policies with a family leave  bene-
 fit and any expected change in the number of insurers issuing such poli-
 cies  after the benefit increase; (3) the impact of the benefit increase
 on employers' business and the overall stability of the program  to  the
 extent  that  information  is  readily  available; (4) the impact of the
 benefit increase on the financial stability of the disability and family
 leave insurance market and carriers; and (5) any additional factors that
 the superintendent of financial services deems relevant. If  the  super-
 intendent  of financial services delays the increase in the family leave
 benefit level for one or more calendar years, the family  leave  benefit
 level  that  shall  take effect immediately following the delay shall be
 the same benefit level that would have taken effect but for  the  delay.
 The  weekly  benefits  for  family leave that occurs on or after January
 first, two thousand eighteen shall not be less than one hundred  dollars
 per week except that if the employee's wages at the time of family leave
 are  less  than one hundred dollars per week, the employee shall receive
 his or her full wages. Benefits may be payable  to  employees  for  paid
 family  leave  taken intermittently or for less than a full work week in
 increments of one full day or one fifth of the weekly benefit.  NOTWITH-
 STANDING THE FOREGOING, FAMILY LEAVE BENEFITS  UNDER  PARAGRAPH  (D)  OF
 SUBDIVISION  FIFTEEN  OF  SECTION TWO HUNDRED ONE OF THIS ARTICLE MAY BE
 PAYABLE TO EMPLOYEES IN HOURLY INCREMENTS.
   § 4. Section 205 of the  workers'  compensation  law,  as  amended  by
 section  6  of  part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 205. Disabilities, family leave and periods for which  benefits  are
 not  payable.  1.  No  employee shall be entitled to disability benefits
 under this article:
   (a) For more than twenty-six weeks minus any  days  taken  for  family
 leave during any fifty-two consecutive calendar weeks during a period of
 fifty-two  consecutive  calendar weeks or during any one period of disa-
 bility, or for more than twenty-six weeks; PROVIDED, HOWEVER, THAT FAMI-
 LY LEAVE UNDER PARAGRAPH (D)  OF  SUBDIVISION  FIFTEEN  OF  SECTION  TWO
 HUNDRED ONE OF THIS ARTICLE SHALL NOT REDUCE THIS AMOUNT;
   (b) for any period of disability during which an employee is not under
 the  care  of  a  duly  licensed physician or with respect to disability
 resulting from a condition of the foot which may lawfully be treated  by
 a  duly  registered  and licensed podiatrist of the state of New York or
 with respect to a  disability  resulting  from  a  condition  which  may
 lawfully  be  treated  by a duly registered and licensed chiropractor of
 the state of New York or with respect to a disability resulting  from  a
 S. 8305--A                         37                         A. 8805--A
 
 condition  which  may  lawfully be treated by a duly licensed dentist of
 the state of New York or with respect to a disability resulting  from  a
 condition  which  may  lawfully  be  treated  by  a  duly registered and
 licensed  psychologist  of  the  state  of New York or with respect to a
 disability resulting from a condition which may lawfully be treated by a
 duly certified nurse midwife, for any period of such  disability  during
 which  an employee is neither under the care of a physician nor a podia-
 trist, nor a chiropractor, nor a dentist,  nor  a  psychologist,  nor  a
 certified  nurse  midwife; and for any period of disability during which
 an employee who adheres to the faith  or  teachings  of  any  church  or
 denomination  and who in accordance with its creed, tenets or principles
 depends for healing upon prayer through spiritual  means  alone  in  the
 practice  of  religion,  is  not  under  the care of a practitioner duly
 accredited by the church or denomination,  and  provided  such  employee
 shall submit to all physical examinations as required by this chapter.
   2.  No  employee shall be entitled to family leave benefits under this
 article:
   (a) For more than twelve weeks, or the maximum duration  permitted  as
 set  forth  in  paragraph  (a) of subdivision two of section two hundred
 four of this article, during a period of fifty-two consecutive  calendar
 weeks,  or  for  any  period in which the family leave combined with the
 disability benefits previously paid exceeds twenty-six weeks during  the
 same fifty-two consecutive calendar weeks; PROVIDED, HOWEVER, THAT FAMI-
 LY  LEAVE  UNDER  PARAGRAPH  (D)  OF  SUBDIVISION FIFTEEN OF SECTION TWO
 HUNDRED ONE OF THIS ARTICLE SHALL NOT REDUCE THIS AMOUNT;
   (b) For any period of family leave  wherein  the  notice  and  medical
 certification  as  prescribed  by  the  chair has not been filed. At the
 discretion of the chair or chair's  designee  pursuant  to  section  two
 hundred twenty-one of this article, the family member who is the recipi-
 ent  of  care  may  be required to submit to a physical examination by a
 qualified health care provider. Such examination shall be  paid  for  by
 the carrier; and
   (c)  As  a  condition of an employee's initial receipt of family leave
 benefits during any fifty-two consecutive calendar  weeks  in  which  an
 employee  is  eligible  for  these  benefits,  an  employer may offer an
 employee who has accrued but unused  vacation  time  or  personal  leave
 available at the time of use of available family leave to choose whether
 to  charge  all  or  part of the family leave time to accrued but unused
 vacation or personal leave, and receive full salary, or  to  not  charge
 time  to  accrued but unused vacation or personal leave, and receive the
 benefit as set forth in section two hundred four  of  this  article.  An
 employer  that  pays  full  salary  during  a period of family leave may
 request reimbursement in accordance with section two hundred thirty-sev-
 en of this article. With the election of  either  option,  the  employee
 shall  receive  the  full  protection of the reinstatement provision set
 forth in section two hundred three-b of this article, and shall  concur-
 rently  use  available  family  medical  leave act and paid family leave
 credits. In no event can an employee utilize family leave beyond  twelve
 weeks,  or  the maximum duration permitted as set forth in paragraph (a)
 of subdivision two of section two hundred four of this article, per  any
 fifty-two week period set forth in this article; PROVIDED, HOWEVER, THAT
 FAMILY  LEAVE  UNDER PARAGRAPH (D) OF SUBDIVISION FIFTEEN OF SECTION TWO
 HUNDRED ONE OF THIS ARTICLE SHALL NOT REDUCE THIS AMOUNT. This paragraph
 may not be construed in a manner that relieves an employer of  any  duty
 of  collective  bargaining  the  employer  may  have with respect to the
 subject matter of this paragraph.
 S. 8305--A                         38                         A. 8805--A
 
   3. No employee shall be entitled to disability or family  leave  bene-
 fits under this article:
   (a)  for  any  disability  occasioned  by  the wilful intention of the
 employee to bring about injury to or the sickness of himself or another,
 or resulting from any injury or sickness sustained in  the  perpetration
 by the employee of an illegal act;
   (b) for any day of disability or family leave during which the employ-
 ee  performed  work  for remuneration or profit; PROVIDED, HOWEVER, THAT
 FAMILY LEAVE UNDER PARAGRAPH (D) OF SUBDIVISION FIFTEEN OF  SECTION  TWO
 HUNDRED ONE OF THIS ARTICLE MAY BE TAKEN IN HOURLY INCREMENTS;
   (c)  for  any day of disability or family leave for which the employee
 is entitled to receive from his or her employer, or from a fund to which
 the employer has contributed, remuneration or maintenance in  an  amount
 equal to or greater than that to which he or she would be entitled under
 this  article;  but  any voluntary contribution or aid which an employer
 may make to an employee or any supplementary benefit paid to an employee
 pursuant to the provisions of a collective bargaining agreement or  from
 a  trust fund to which contributions are made pursuant to the provisions
 of a collective bargaining agreement shall not be considered as  contin-
 ued remuneration or maintenance for this purpose;
   (d)  for  any  period  in respect to which such employee is subject to
 suspension or  disqualification  of  the  accumulation  of  unemployment
 insurance benefit rights, or would be subject if he or she were eligible
 for  such  benefit  rights,  except for ineligibility resulting from the
 employee's disability;
   (e) for any disability due to any act of war, declared or undeclared;
   (f) for any disability or family leave commencing before the  employee
 becomes eligible to benefits under this section.
   4. An employee may not collect benefits concurrently under both subdi-
 visions one and two of this section.
   5.  In any case in which the necessity for family leave is foreseeable
 based on an expected birth or placement, the employee shall provide  the
 employer with not less than thirty days notice before the date the leave
 is to begin, of the employee's intention to take family leave under this
 article,  except  that  if  the  date of the birth or placement requires
 leave to begin in less than thirty days, the employee shall provide such
 notice as is practicable. In any case in which the necessity for  family
 leave  is  foreseeable  based on planned medical treatment, the employee
 shall provide the employer with not less than thirty days notice, before
 the date the leave is to begin, of the employees intention to take fami-
 ly leave under this article, except that if the date  of  the  treatment
 requires  leave  to  begin  in less than thirty days, the employee shall
 provide such notice as is practicable.
   § 5. Paragraph (d) of subdivision 3 of section  206  of  the  workers'
 compensation  law, as added by section 7 of part SS of chapter 54 of the
 laws of 2016, is amended to read as follows:
   (d) WITH THE EXCEPTION OF LEAVE FOR PRENATAL CARE WHICH MAY  BE  TAKEN
 IN  HOURLY INCREMENTS, for any day in which claimant works at least part
 of that day for remuneration or profit for the covered employer  or  for
 any  other employer while working for remuneration or profit, for him or
 herself, or another person or entity, during the same  or  substantially
 similar working hours as those of the covered employer from which family
 leave  benefits  are  claimed, except that occasional scheduling adjust-
 ments with respect to secondary employments shall not prevent receipt of
 family leave benefits.
 S. 8305--A                         39                         A. 8805--A
 
   § 6. Subdivision 1 of section 208 of the workers' compensation law, as
 amended by section 9 of part SS of chapter 54 of the laws  of  2016,  is
 amended to read as follows:
   1. Benefits provided under this article shall be paid periodically and
 promptly  and,  except  as to a contested period of disability or family
 leave, without any decision by the  board,  or  designee  of  the  chair
 pursuant  to  section  two hundred twenty-one of this article. The first
 payment of benefits shall be due on the fourteenth day of disability  or
 family  leave and benefits for that period shall be paid directly to the
 employee within four business days thereafter or  within  four  business
 days  after  the  filing  of  required  proof of claim, whichever is the
 later.  FAMILY LEAVE BENEFITS FOR PRENATAL CARE MAY BE  PAID  IN  HOURLY
 INSTALLMENTS  OR, UPON ELECTION OF THE EMPLOYER OR INSURANCE CARRIER AND
 UPON NOTICE TO THE EMPLOYEE AT THE TIME OF THE REQUEST FOR  SUCH  FAMILY
 LEAVE,  IN  AN  AGGREGATE  PAYMENT  THAT CORRESPONDS TO THE HOURS IN THE
 EMPLOYEE'S REGULAR WORKDAY UPON SUBMISSION OF PROOF OF LEAVE FOR  PRENA-
 TAL  CARE  FOR  SUCH  HOURS  AND WITHIN FOURTEEN DAYS OF THE LAST HOURLY
 INCREMENT AND FOUR BUSINESS DAYS AFTER SUCH SUBMISSION. If the  employer
 or  carrier  rejects  an  initial  claim  for family leave benefits, the
 employer or carrier must notify the employee in a manner  prescribed  by
 the chair within eighteen days of filing of the proof of claim.  Failure
 to  timely  reject  shall constitute a waiver of objection to the family
 leave claim. Thereafter benefits shall be due and payable  bi-weekly  in
 like  manner.  The  chair  or  chair's designee, pursuant to section two
 hundred twenty-one of this article, may determine that benefits  may  be
 paid  monthly  or  semi-monthly if wages were so paid, and may authorize
 deviation from the foregoing requirements to facilitate  prompt  payment
 of benefits. Any inquiry which requires the employee's response in order
 to continue benefits uninterrupted or unmodified shall provide a reason-
 able  time  period in which to respond and include a clear and prominent
 statement of the deadline for responding and consequences of failing  to
 respond.
   § 7. Subdivision 1 of section 217 of the workers' compensation law, as
 amended  by  section 16 of part SS of chapter 54 of the laws of 2016, is
 amended to read as follows:
   1. Written notice and proof of disability or proof of need for  family
 leave shall be furnished to the employer by or on behalf of the employee
 claiming  benefits  or,  in  the  case  of  a claimant under section two
 hundred seven of this article, to the chair, within  thirty  days  after
 commencement  of the period of disability OR FAMILY LEAVE, OR FOR FAMILY
 LEAVE FOR PRENATAL CARE WITHIN THIRTY DAYS OF THE  LAST  HOUR  FOR  SUCH
 LEAVE  PERIOD  AS  PRESCRIBED  IN SUBDIVISION ONE OF SECTION TWO HUNDRED
 EIGHT OF THIS ARTICLE.  Additional proof shall be  furnished  thereafter
 from  time  to  time as the employer or carrier or chair may require but
 not more often than once each week. Such proof shall include a statement
 of disability by the employee's attending physician or attending  podia-
 trist  or  attending  chiropractor  or  attending  dentist  or attending
 psychologist or attending certified nurse midwife or family  leave  care
 recipient's  health  care  provider,  or  in the case of an employee who
 adheres to the faith or teachings of any church or denomination, and who
 in accordance with its creed, tenets or principles depends  for  healing
 upon  prayer  through spiritual means alone in the practice of religion,
 by an accredited practitioner, containing facts and opinions as to  such
 disability  in  compliance  with  regulations  of  the chair. Failure to
 furnish notice or proof within the time and in the manner above provided
 shall not invalidate the claim but no benefits shall be required  to  be
 S. 8305--A                         40                         A. 8805--A

 paid  for  any period more than two weeks prior to the date on which the
 required proof is furnished unless it shall be shown to the satisfaction
 of the chair not to have been reasonably possible to furnish such notice
 or  proof  and that such notice or proof was furnished as soon as possi-
 ble; provided, however, that  no  benefits  shall  be  paid  unless  the
 required  proof  of  disability is furnished within the period of actual
 disability or family leave that does not exceed  the  statutory  maximum
 period  permitted  under  section  two  hundred four of this article. No
 limitation of time provided in this section shall  run  as  against  any
 disabled  employee  who is mentally incompetent, or physically incapable
 of providing such notice as a result of a serious medical condition,  or
 a  minor  so  long  as  such person has no guardian of the person and/or
 property.
   § 8. This act shall take effect January 1, 2025.
 
                                  PART N
 
   Section 1. Section 200 of the workers' compensation law, as amended by
 section 1 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  200.  Short  title. This article shall be known and may be cited as
 the "disability [benefits law] and  [the]  paid  family  leave  benefits
 law."
   § 2. Subdivisions 14, 15 and 22 of section 201 of the workers' compen-
 sation  law,    subdivision  14 as amended and subdivisions 15 and 22 as
 added by section 2 of part SS of chapter 54 of the  laws  of  2016,  are
 amended to read as follows:
   14.  "A  day  of  disability"  means any day on which the employee was
 prevented from performing work because of disability[, including any day
 which the employee uses for family leave,] and for  which  the  employee
 has not received [his or her] THEIR regular remuneration.
   15.  "Family  leave"  shall  mean  any leave taken by an employee from
 work:   (a) to participate in  providing  care,  including  physical  or
 psychological  care,  for a family member of the employee made necessary
 by a serious health condition of the family member; or (b) to bond  with
 the  employee's  child  during the first twelve months after the child's
 birth, or the first twelve months after the placement of the  child  for
 adoption  or foster care with the employee; or (c) because of any quali-
 fying exigency as interpreted under the family and medical leave act, 29
 U.S.C.S § 2612(a)(1)(e) and 29 C.F.R. S.825.126[(a)(1)-(8)], arising out
 of the fact that the spouse, domestic partner, child, or parent  of  the
 employee is on active duty (or has been notified of an impending call or
 order to active duty) in the armed forces of the United States.
   22.  "Health  care  provider"  shall  mean  for the purpose of [family
 leave] THIS ARTICLE, a person licensed under article one  hundred  thir-
 ty-one,  one  hundred  thirty-one-B, one hundred thirty-two, one hundred
 thirty-three, one  hundred  thirty-six,  one  hundred  thirty-nine,  one
 hundred  forty-one, one hundred forty-three, one hundred forty-four, one
 hundred fifty-three, one hundred fifty-four, one  hundred  fifty-six  or
 one  hundred  fifty-nine of the education law or a person licensed under
 the public health law, article one hundred forty of the education law or
 article one hundred sixty-three of the education law.
   § 3. Section 203-a of the  workers'  compensation  law,  as  added  by
 section  4  of  part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
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   § 203-a. Retaliatory action prohibited  for  [family]  leave.  1.  The
 provisions of section one hundred twenty of this chapter and section two
 hundred  forty-one  of  this  article  shall be applicable to family AND
 DISABILITY leave.
   2.  Nothing  in  this  section shall be deemed to diminish the rights,
 privileges, or remedies of any employee under any collective  bargaining
 agreement or employment contract.
   §  4.  Section  203-b  of  the  workers' compensation law, as added by
 section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   § 203-b. Reinstatement following [family] leave. Any eligible employee
 of  a covered employer who takes leave under this article shall be enti-
 tled, on return from such leave, to be restored by the employer  to  the
 position of employment held by the employee when the leave commenced, or
 to be restored to a comparable position with comparable employment bene-
 fits,  pay  and  other terms and conditions of employment. The taking of
 family OR DISABILITY leave shall not result in the loss of  any  employ-
 ment  benefit  accrued  prior  to the date on which the leave commenced.
 Nothing in this section shall  be  construed  to  entitle  any  restored
 employee  to  the accrual of any seniority or employment benefits during
 any period of leave, or any right, benefit  or  position  to  which  the
 employee would have been entitled had the employee not taken the leave.
   §  5.  Section  203-c  of  the  workers' compensation law, as added by
 section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  203-c.   Health insurance during [family] leave. In accordance with
 the Family and Medical Leave Act (29 U.S.C. §§  2601-2654),  during  any
 period  of  family  OR  DISABILITY leave the employer shall maintain any
 existing health benefits of the employee in force for  the  duration  of
 such leave as if the employee had continued to work from the date [he or
 she] THEY commenced family OR DISABILITY leave until the date [he or she
 returns] THEY RETURN to employment.
   §  6.  Section  204  of  the  workers' compensation law, as amended by
 section 5 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  204.  Disability  and family leave during employment. 1. Disability
 benefits shall be payable to  an  eligible  employee  for  disabilities,
 beginning  with  the  eighth day of disability and thereafter during the
 continuance of disability, subject to the limitations as to maximum  and
 minimum  amounts  and  duration  and other conditions and limitations in
 this section and in sections two hundred five and  two  hundred  six  of
 this  article.  Family  leave  benefits  shall be payable to an eligible
 employee for the first full day when family leave is required and there-
 after during the continuance of the need for family  leave,  subject  to
 the limitations as to maximum and minimum amounts and duration and other
 conditions  and  limitations in this section and in sections two hundred
 five and two hundred six of this article. Successive periods of disabil-
 ity or family leave caused by the same or related injury or sickness  OR
 QUALIFYING  EVENT shall shall be deemed a single period of disability or
 family leave only if separated by less than three months.
   2. (a) The weekly benefit for family leave that occurs (i) on or after
 January first, two thousand eighteen shall not exceed eight weeks during
 any fifty-two week calendar period and shall be  fifty  percent  of  the
 employee's average weekly wage but shall not exceed fifty percent of the
 state  average weekly wage, (ii) on or after January first, two thousand
 nineteen shall not exceed ten weeks during any fifty-two  week  calendar
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 period  and shall be fifty-five percent of the employee's average weekly
 wage but shall not exceed fifty-five percent of the state average weekly
 wage, (iii) on or after January first, two  thousand  twenty  shall  not
 exceed  ten weeks during any fifty-two week calendar period and shall be
 sixty percent of the employee's average weekly wage but shall not exceed
 sixty percent of the state average weekly wage, and  (iv)  on  or  after
 January  first  of  each  succeeding year, shall not exceed twelve weeks
 during any fifty-two week  calendar  period  and  shall  be  sixty-seven
 percent  of  the  employee's  average  weekly  wage but shall not exceed
 sixty-seven percent of the New York state average weekly wage in effect.
 The superintendent of financial services shall have discretion to  delay
 the  increases  in  the  family leave benefit level provided in subpara-
 graphs (ii), (iii), and (iv) of this paragraph by one or  more  calendar
 years.  In determining whether to delay the increase in the family leave
 benefit for any year, the superintendent  of  financial  services  shall
 consider:  (1) the current cost to employees of the family leave benefit
 and any expected change in the cost after the benefit increase; (2)  the
 current  number  of  insurers  issuing  insurance policies with a family
 leave benefit and any expected change in the number of insurers  issuing
 such  policies after the benefit increase; (3) the impact of the benefit
 increase on employers' business and the overall stability of the program
 to the extent that information is readily available; (4) the  impact  of
 the  benefit  increase  on the financial stability of the disability and
 family leave insurance market  and  carriers;  and  (5)  any  additional
 factors that the superintendent of financial services deems relevant. If
 the  superintendent  of  financial  services  delays the increase in the
 family leave benefit level for one or more calendar  years,  the  family
 leave  benefit  level  that  shall take effect immediately following the
 delay shall be the same benefit level that would have taken  effect  but
 for  the  delay.  The weekly benefits for family leave that occurs on or
 after January first, two thousand eighteen shall not be  less  than  one
 hundred dollars per week except that if the employee's wages at the time
 of family leave are less than one hundred dollars per week, the employee
 shall  receive [his or her] THEIR full wages. Benefits may be payable to
 employees for paid family leave taken intermittently or for less than  a
 full  work week in increments of one full day or one fifth of the weekly
 benefit.
   (b) THE WEEKLY BENEFIT WHICH THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
 RECEIVE  FOR  THE FIRST TWELVE WEEKS OF DISABILITY COMMENCING: (I) ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE SHALL BE FIFTY PERCENT  OF
 THE  EMPLOYEE'S  AVERAGE  WEEKLY  WAGE BUT SHALL NOT EXCEED FOUR HUNDRED
 DOLLARS; (II) ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-SIX  SHALL
 BE  FIFTY  PERCENT  OF  THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT
 EXCEED SIX HUNDRED THIRTY DOLLARS; (III) ON OR AFTER JANUARY FIRST,  TWO
 THOUSAND  TWENTY-SEVEN  SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE
 WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY  PERCENT  OF  THE  STATE  AVERAGE
 WEEKLY  WAGE;  (IV) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT
 SHALL BE SIXTY PERCENT OF THE EMPLOYEE'S WEEKLY AVERAGE WAGE  BUT  SHALL
 NOT EXCEED SIXTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE; AND (V) ON OR
 AFTER  JANUARY  FIRST  OF  EACH  SUCCEEDING  YEAR,  SHALL BE SIXTY-SEVEN
 PERCENT OF THE EMPLOYEE'S AVERAGE  WEEKLY  WAGE  BUT  SHALL  NOT  EXCEED
 SIXTY-SEVEN PERCENT OF THE STATE AVERAGE WEEKLY WAGE. THE SUPERINTENDENT
 OF  FINANCIAL  SERVICES  SHALL HAVE DISCRETION TO DELAY THE INCREASES IN
 THE DISABILITY BENEFIT LEVEL PROVIDED IN SUBPARAGRAPHS (II), (III), (IV)
 AND (V) OF THIS PARAGRAPH BY ONE OR MORE CALENDAR YEARS. IN  DETERMINING
 WHETHER  TO  DELAY  THE INCREASE IN THE DISABILITY BENEFIT FOR ANY YEAR,
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 THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL CONSIDER: (1) THE CURRENT
 COST TO EMPLOYEES AND EMPLOYERS OF THE BENEFIT AND ANY  EXPECTED  CHANGE
 IN THE COST AFTER THE BENEFIT INCREASE; (2) THE CURRENT NUMBER OF INSUR-
 ERS  ISSUING  INSURANCE  POLICIES  WITH  A  DISABILITY  BENEFIT  AND ANY
 EXPECTED CHANGE IN THE NUMBER OF INSURERS ISSUING  SUCH  POLICIES  AFTER
 THE  BENEFIT INCREASE; (3) THE IMPACT OF THE BENEFIT INCREASE ON EMPLOY-
 ERS' BUSINESS AND THE OVERALL STABILITY OF THE  PROGRAM  TO  THE  EXTENT
 THAT  INFORMATION  IS  READILY  AVAILABLE; (4) THE IMPACT OF THE BENEFIT
 INCREASE ON THE FINANCIAL STABILITY OF THE DISABILITY AND  FAMILY  LEAVE
 INSURANCE  MARKET  AND CARRIERS; AND (5) ANY ADDITIONAL FACTORS THAT THE
 SUPERINTENDENT OF FINANCIAL SERVICES DEEMS RELEVANT. IF THE  SUPERINTEN-
 DENT OF FINANCIAL SERVICES DELAYS THE INCREASE IN THE DISABILITY BENEFIT
 LEVEL  FOR ONE OR MORE CALENDAR YEARS, THE DISABILITY BENEFIT LEVEL THAT
 SHALL TAKE EFFECT IMMEDIATELY FOLLOWING THE  DELAY  SHALL  BE  THE  SAME
 BENEFIT LEVEL THAT WOULD HAVE TAKEN EFFECT BUT FOR THE DELAY. THE WEEKLY
 BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR THE PERI-
 ODS  OF  DISABILITY AFTER THE TWELFTH WEEK OF DISABILITY AND THROUGH THE
 TWENTY-SIXTH WEEK OF DISABILITY (A) ON OR AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY-FIVE SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY
 WAGE BUT SHALL NOT EXCEED TWO HUNDRED EIGHTY DOLLARS PER WEEK; (B) ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT SHALL BE SIXTY PERCENT OF
 THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT  SHALL  NOT  EXCEED  TWO  HUNDRED
 EIGHTY  PER  WEEK; AND (C) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWEN-
 TY-NINE AND EACH SUCCEEDING YEAR SHALL BE  SIXTY-SEVEN  PERCENT  OF  THE
 EMPLOYEE'S  AVERAGE  WEEKLY WAGE BUT SHALL NOT EXCEED TWO HUNDRED EIGHTY
 DOLLARS PER WEEK. THE WEEKLY BENEFIT  WHICH  THE  DISABLED  EMPLOYEE  IS
 ENTITLED TO RECEIVE FOR DISABILITY LEAVE THAT OCCURS ON OR AFTER JANUARY
 FIRST,  TWO  THOUSAND  TWENTY-FIVE  SHALL  NOT  BE LESS THAN ONE HUNDRED
 DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOYEE'S  WAGES  AT  THE  TIME  OF
 FAMILY  LEAVE  ARE  LESS THAN ONE HUNDRED DOLLARS PER WEEK, THE EMPLOYEE
 SHALL RECEIVE THEIR FULL WAGES. The weekly benefit  which  the  disabled
 employee  is  entitled  to receive for disability commencing on or after
 May first, nineteen hundred eighty-nine AND PRIOR TO JANUARY FIRST,  TWO
 THOUSAND  TWENTY-FIVE  shall  be one-half of the employee's weekly wage,
 but in no case shall such benefit exceed one  hundred  seventy  dollars;
 except  that  if  the employee's average weekly wage is less than twenty
 dollars, the benefit shall be such average weekly wage. The weekly bene-
 fit which the disabled employee is entitled to  receive  for  disability
 commencing on or after July first, nineteen hundred eighty-four shall be
 one-half  of the employee's weekly wage, but in no case shall such bene-
 fit exceed one hundred forty-five dollars; except that if the employee's
 average weekly wage is less than twenty dollars, the  benefit  shall  be
 such average weekly wage. The weekly benefit which the disabled employee
 is entitled to receive for disability commencing on or after July first,
 nineteen  hundred eighty-three and prior to July first, nineteen hundred
 eighty-four shall be one-half of the employee's average weekly wage, but
 in no case shall such benefit exceed one hundred thirty-five dollars nor
 be less than twenty dollars; except that if the employee's average week-
 ly wage is less than twenty dollars the benefit shall  be  such  average
 weekly  wage. The weekly benefit which the disabled employee is entitled
 to receive for disability commencing on or after  July  first,  nineteen
 hundred  seventy-four, and prior to July first, nineteen hundred eighty-
 three, shall be one-half of the employee's average weekly wage,  but  in
 no  case  shall such benefit exceed ninety-five dollars nor be less than
 twenty dollars; except that if the employee's  average  weekly  wage  is
 less than twenty dollars, the benefit shall be such average weekly wage.
 S. 8305--A                         44                         A. 8805--A
 
 The  weekly  benefit  which the disabled employee is entitled to receive
 for disability commencing on  or  after  July  first,  nineteen  hundred
 seventy  and prior to July first, nineteen hundred seventy-four shall be
 one-half  of  the  employee's  average weekly wage, but in no case shall
 such benefit  exceed  seventy-five  dollars  nor  be  less  than  twenty
 dollars;  except that if the employee's average weekly wage is less than
 twenty dollars the benefit shall be such average weekly  wage.  For  any
 period  of  disability less than a full week, the benefits payable shall
 be calculated by dividing the  weekly  benefit  by  the  number  of  the
 employee's normal work days per week and multiplying the quotient by the
 number  of  normal  work  days  in such period of disability. The weekly
 benefit for a disabled employee who is concurrently eligible  for  bene-
 fits  in  the employment of more than one covered employer shall, within
 the maximum and minimum herein provided, be one-half of the total of the
 employee's average weekly wages received from all such  covered  employ-
 ers,  and shall be allocated in the proportion of their respective aver-
 age weekly wage payments.
   § 7. Subdivision 2 of section 206 of the workers' compensation law, as
 amended by section 7 of part SS of chapter 54 of the laws  of  2016,  is
 amended to read as follows:
   2.  If  an  employee  who  is  eligible  for disability benefits under
 section two hundred three or two hundred seven of this article is  disa-
 bled  and has claimed or subsequently claims workers' compensation bene-
 fits under this chapter or benefits under  the  volunteer  firefighters'
 benefit  law  or  the volunteer ambulance workers' benefit law, and such
 claim is controverted on the ground that the employee's  disability  was
 not  caused  by an accident that arose out of and in the course of [his]
 THEIR employment or by an occupational disease, or by an injury in  line
 of  duty  as  a volunteer firefighter or volunteer ambulance worker, the
 employee shall be entitled in the first  instance  to  receive  benefits
 under  this  article for [his or her] THEIR disability. If benefits have
 been paid under this article in respect to a disability alleged to  have
 arisen  out  of  and  in the course of the employment or by reason of an
 occupational disease, or in line of duty as a volunteer firefighter or a
 volunteer ambulance worker, the employer or carrier or the chair  making
 such  payment  may,  at  any  time before award of workers' compensation
 benefits, or volunteer firefighters'  benefits  or  volunteer  ambulance
 workers'  benefits,  is made, file with the board a claim for reimburse-
 ment out of the proceeds of such award to the employee  for  the  period
 for which disability benefits were paid to the employee under this arti-
 cle,  and  shall  have  a lien against the FULL award for reimbursement,
 notwithstanding the provisions of section thirty-three of  this  chapter
 or  section  twenty-three  of the volunteer firefighters' benefit law or
 section twenty-three of the volunteer  ambulance  workers'  benefit  law
 provided the insurance carrier liable for payment of the award receives,
 before  such  award  is made, a copy of the claim for reimbursement from
 the employer, carrier or chair who paid disability benefits, or provided
 the board's decision and award directs such reimbursement therefrom.
   § 8. Paragraph (a) of subdivision 3 of section  209  of  the  workers'
 compensation  law,  as amended by section 10 of part SS of chapter 54 of
 the laws of 2016, is amended to read as follows:
   (a) Disability benefits. The contribution of each such employee to the
 cost of disability benefits provided by this article shall  be  one-half
 of  one  per  centum  of  the employee's wages paid to him or her on and
 after July first, nineteen hundred fifty, but not  in  excess  of  sixty
 cents  per  week. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, THE
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 MAXIMUM EMPLOYEE CONTRIBUTION THAT A COVERED EMPLOYER IS  AUTHORIZED  TO
 COLLECT  FROM EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED
 BY THIS ARTICLE SHALL BE ONE-HALF OF ONE PER CENTUM  OF  THE  EMPLOYEE'S
 WAGES  BUT SHALL NOT EXCEED FORTY PERCENT OF THE AVERAGE OF THE COMBINA-
 TION OF ALL EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO  DISABILITY  BENEFITS
 PROVIDED  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION TWO
 HUNDRED FOUR OF THIS ARTICLE DURING THE PRIOR CALENDAR YEAR,  AS  DETER-
 MINED  ANNUALLY  BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT TO
 SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE  OF  THE
 INSURANCE  LAW.   A SELF-INSURER SHALL SUBMIT REPORTS TO THE SUPERINTEN-
 DENT OF FINANCIAL SERVICES FOR THE PURPOSE OF DETERMINING FORTY  PERCENT
 OF  THE AVERAGE OF THE COMBINATION OF ALL EMPLOYEE AND EMPLOYER CONTRIB-
 UTIONS TO DISABILITY BENEFITS PROVIDED  PURSUANT  TO  PARAGRAPH  (B)  OF
 SUBDIVISION  TWO  OF SECTION TWO HUNDRED FOUR OF THIS ARTICLE DURING THE
 PRIOR CALENDAR YEAR, PURSUANT TO SUBSECTION (N) OF SECTION FOUR THOUSAND
 TWO HUNDRED THIRTY-FIVE OF THE INSURANCE LAW.
   § 9. The opening paragraph and subdivision 1 of  section  214  of  the
 workers'  compensation law, as amended by section 26 of part GG of chap-
 ter 57 of the laws of 2013, are amended to read as follows:
   There is hereby created a fund which shall be  known  as  the  special
 fund  for disability benefits to provide for the payment of [disability]
 benefits under sections two hundred  seven,  two  hundred  thirteen  and
 attendance fees under section two hundred thirty-two of this article.
   1.  As  promptly  as  practicable after April first, in each year, the
 chairman shall ascertain the condition of the fund, and  if  as  of  any
 such  date  the  net  assets of the fund shall be one million dollars or
 more below the sum of twelve million dollars, the chairman shall  assess
 and  collect an amount sufficient to restore the fund to an amount equal
 to twelve million dollars.[.] Such assessment shall be included  in  the
 assessment  rate  established pursuant to subdivision two of section one
 hundred fifty-one of this chapter. Such assessments shall  be  deposited
 with  the  commissioner  of  taxation and finance and transferred to the
 benefit of such fund upon payment of debt service, if any,  pursuant  to
 section one hundred fifty-one of this chapter.
   §  10.  Subdivision 1 of section 217 of the workers' compensation law,
 as amended by section 16 of part SS  of chapter 54 of the laws of  2016,
 is amended to read as follows:
   1.  Written notice and proof of disability or proof of need for family
 leave shall be furnished to the employer by or on behalf of the employee
 claiming benefits or, in the  case  of  a  claimant  under  section  two
 hundred  seven  of  this article, to the chair, within thirty days after
 commencement of the period of  disability.  Additional  proof  shall  be
 furnished  thereafter  from  time  to time as the employer or carrier or
 chair may require but not more often than once  each  week.  Such  proof
 shall  include  a  statement  of disability by the employee's [attending
 physician or attending podiatrist or attending chiropractor or attending
 dentist or attending psychologist or attending certified  nurse  midwife
 or family leave care recipient's health care provider, or in the case of
 an  employee  who  adheres  to  the  faith or teachings of any church or
 denomination, and who in accordance with its creed, tenets or principles
 depends for healing upon prayer through spiritual  means  alone  in  the
 practice  of  religion,  by  an  accredited  practitioner,]  HEALTH CARE
 PROVIDER containing facts and opinions as to such disability in  compli-
 ance  with  regulations of the chair. Failure to furnish notice or proof
 within the time and in the manner above provided  shall  not  invalidate
 the  claim  but  no benefits shall be required to be paid for any period
 S. 8305--A                         46                         A. 8805--A
 
 more than two weeks prior to the date on which  the  required  proof  is
 furnished  unless it shall be shown to the satisfaction of the chair not
 to have been reasonably possible to furnish such  notice  or  proof  and
 that  such  notice or proof was furnished as soon as possible; provided,
 however, that no benefits shall be paid unless the  required  proof  [of
 disability] is furnished within the period of actual disability or fami-
 ly  leave  that  does  not exceed the statutory maximum period permitted
 under section two hundred four of this article. No  limitation  of  time
 provided  in this section shall run as against any disabled employee who
 is mentally incompetent,  or  physically  incapable  of  providing  such
 notice as a result of a serious medical condition, or a minor so long as
 such person has no guardian of the person and/or property.
   §  11. Section 218 of the workers' compensation law, as added by chap-
 ter 600 of the laws of 1949, subdivision 2 as amended by chapter 809  of
 the laws of 1985, is amended to read as follows:
   §  218. [Disability benefit] BENEFIT rights inalienable. 1. Any agree-
 ment by an employee to waive [his] THEIR rights under this article shall
 be void.
   2. Disability OR FAMILY LEAVE  benefits  payable  under  this  article
 shall  not  be assigned or released, except as provided in this article,
 and shall be  exempt  from  all  claims  of  creditors  and  from  levy,
 execution and attachment or other remedy for recovery or collection of a
 debt,  which  exemption  may  not be waived provided, however, that such
 benefits shall be subject to an income execution or  order  for  support
 enforcement pursuant to section fifty-two hundred forty-one or fifty-two
 hundred forty-two of the civil practice law and rules.
   §  12.  Section  221  of  the workers' compensation law, as amended by
 section 19 of part SS of chapter 54 of the laws of 2016, is  amended  to
 read as follows:
   §  221.  Determination  of  contested claims for disability and family
 leave benefits. In accordance with regulations  adopted  by  the  chair,
 within  twenty-six  weeks  of  written notice of rejection of claim, the
 employee may file with the chair a notice that [his or her] THEIR  claim
 for  disability  or  family  leave  benefits  has not been paid, and the
 employee shall submit proof of disability or entitlement to family leave
 and of [his or her] THEIR employment, wages and other  facts  reasonably
 necessary  for  determination  of the employee's right to such benefits.
 Failure to file such notice within the time provided, may be excused  if
 it  can  be  shown  not to have been reasonably possible to furnish such
 notice and that such notice was furnished as soon as possible. On demand
 the employer or  carrier  shall  forthwith  deliver  to  the  board  the
 original  or  a true copy of the health care provider's report, wage and
 employment data and all other documentation in  the  possession  of  the
 employer or carrier with respect to such claim.
   The  chair  or designee, shall have full power and authority to deter-
 mine all issues in relation to every such claim for disability  benefits
 required  or provided under this article, and shall file its decision in
 the office of the chairman. Upon such filing, the chairman shall send to
 the parties a copy of the decision. Either party  may  present  evidence
 and be represented by counsel at any hearing on such claim. The decision
 of  the  board shall be final as to all questions of fact and, except as
 provided in section twenty-three of this chapter, as to all questions of
 law. Every decision shall be complied with in accordance with its  terms
 within ten days thereafter except as permitted by law upon the filing of
 a  request  for  review,  and any payments due under such decision shall
 draw simple interest from thirty days after the making  thereof  at  the
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 rate  provided  in  section five thousand four of the civil practice law
 and rules. The chair shall adopt rules and regulations to carry out  the
 provisions  of  this  article including but not limited to resolution of
 contested  claims  and requests for review thereof, and payment of costs
 for resolution of disputed claims by carriers.  Any  designated  process
 shall  afford  the parties the opportunity to present evidence and to be
 represented by counsel in any such proceeding. The chair shall have  the
 authority  to  provide for alternative dispute resolution procedures for
 claims arising under DISABILITY AND  family  leave,  including  but  not
 limited to referral and submission of disputed claims to a neutral arbi-
 trator  under  the auspices of an alternative dispute resolution associ-
 ation pursuant to article seventy-five of the  civil  practice  law  and
 rules.  Neutral  arbitrator shall mean an arbitrator who does not have a
 material interest in the outcome of the  arbitration  proceeding  or  an
 existing  and  substantial  relationship,  including  but not limited to
 pecuniary interests, with a party, counsel or representative of a party.
 Any determination made by alternative dispute resolution  shall  not  be
 reviewable by the board and the venue for any appeal shall be to a court
 of competent jurisdiction.
   §  13.  Section  228  of  the  workers'  compensation law, as added by
 section 27 of part GG of chapter 57 of the laws of 2013, is  amended  to
 read as follows:
   §  228.  Administrative  expenses.  1.  The  estimated annual expenses
 necessary  for  the  workers'  compensation  board  to  administer   the
 provisions of the disability AND PAID FAMILY LEAVE benefits law shall be
 borne  by  all affected employers and included as part of the assessment
 rate generated pursuant  to  subdivision  two  of  section  one  hundred
 fifty-one of this chapter.
   2.  Annually, as soon as practicable after the first day of April, the
 chair and department of audit and  control  shall  ascertain  the  total
 amount of actual expenses.
   §  14.  Subsection (n) of section 4235 of the insurance law is amended
 by adding a new paragraph 4 to read as follows:
   (4)(A) THE SUPERINTENDENT SHALL ESTABLISH BY SEPTEMBER FIRST  OF  EACH
 YEAR  THE  MAXIMUM  EMPLOYEE  CONTRIBUTION  THAT  A COVERED EMPLOYER, AS
 DEFINED IN SECTION TWO HUNDRED TWO OF THE WORKERS' COMPENSATION LAW,  IS
 AUTHORIZED  TO  COLLECT  FROM  EACH  EMPLOYEE FOR THE COST OF DISABILITY
 BENEFITS PROVIDED PURSUANT TO ARTICLE NINE OF THE WORKERS'  COMPENSATION
 LAW  THROUGH  A  GROUP ACCIDENT AND HEALTH INSURANCE POLICY OR THROUGH A
 SELF-FUNDED EMPLOYER FOR ITS EMPLOYEES.   BEGINNING JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-FIVE, THE MAXIMUM EMPLOYEE CONTRIBUTION AMOUNT SHALL BE
 ONE-HALF OF ONE PERCENT OF THE EMPLOYEE'S WAGES  BUT  SHALL  NOT  EXCEED
 FORTY  PERCENT  OF  THE  AVERAGE  OF THE COMBINATION OF ALL EMPLOYEE AND
 EMPLOYER CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARA-
 GRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS'
 COMPENSATION LAW DURING THE PRIOR CALENDAR YEAR, WHICH  THE  SUPERINTEN-
 DENT SHALL DETERMINE AND PUBLISH ON THE DEPARTMENT'S WEBSITE.
   (B)  A SELF-FUNDED EMPLOYER SHALL SUBMIT REPORTS TO THE SUPERINTENDENT
 FOR THE PURPOSE OF DETERMINING FORTY  PERCENT  OF  THE  AVERAGE  OF  THE
 COMBINATION  OF  ALL  EMPLOYEE  AND EMPLOYER CONTRIBUTIONS TO DISABILITY
 BENEFITS PROVIDED PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION  TWO  OF
 SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION LAW.  A SELF-FUND-
 ED  EMPLOYER  SHALL SUBMIT A REPORT TO THE SUPERINTENDENT BY JULY FIRST,
 TWO THOUSAND TWENTY-FOUR THAT SETS FORTH EMPLOYEE AND EMPLOYER  CONTRIB-
 UTIONS  TO  DISABILITY  BENEFITS  PROVIDED  PURSUANT TO PARAGRAPH (B) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION
 S. 8305--A                         48                         A. 8805--A
 
 LAW FOR THE YEAR-ENDING TWO THOUSAND TWENTY-THREE, IN  A  FORMAT  DETER-
 MINED  BY THE SUPERINTENDENT.  BEGINNING APRIL FIRST, TWO THOUSAND TWEN-
 TY-FIVE, AND ANNUALLY THEREAFTER, A SELF-FUNDED EMPLOYER SHALL SUBMIT  A
 REPORT  TO  THE  SUPERINTENDENT  THAT  SETS  FORTH EMPLOYEE AND EMPLOYER
 CONTRIBUTIONS TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH  (B)
 OF  SUBDIVISION  TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPEN-
 SATION LAW FOR THE PRIOR CALENDAR YEAR, IN A FORMAT  DETERMINED  BY  THE
 SUPERINTENDENT.
   (C) THE SUPERINTENDENT MAY DELAY THE INCREASES IN THE DISABILITY BENE-
 FIT  LEVEL PROVIDED IN SUBPARAGRAPHS (II), (III), (IV), AND (V) OF PARA-
 GRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS'
 COMPENSATION LAW BY ONE OR MORE CALENDAR  YEARS  IF  THE  SUPERINTENDENT
 DETERMINES  IT  IS IN THE BEST INTEREST OF THE PEOPLE OF THIS STATE.  IN
 DETERMINING WHETHER TO DELAY THE INCREASE IN THE DISABILITY BENEFIT  FOR
 ANY  YEAR,  THE  SUPERINTENDENT SHALL CONSIDER:  (I) THE CURRENT COST TO
 EMPLOYEES AND EMPLOYERS OF THE BENEFIT AND ANY EXPECTED  CHANGE  IN  THE
 COST  AFTER  THE  BENEFIT  INCREASE; (II) THE CURRENT NUMBER OF INSURERS
 ISSUING INSURANCE POLICIES WITH A DISABILITY BENEFIT  AND  ANY  EXPECTED
 CHANGE IN THE NUMBER OF INSURERS ISSUING SUCH POLICIES AFTER THE BENEFIT
 INCREASE;  (III)  THE IMPACT OF THE BENEFIT INCREASE ON EMPLOYERS' BUSI-
 NESSES AND THE OVERALL STABILITY OF  THE  PROGRAM  TO  THE  EXTENT  THAT
 INFORMATION  IS  READILY  AVAILABLE;  (IV)  THE  IMPACT  OF  THE BENEFIT
 INCREASE ON THE FINANCIAL STABILITY OF THE DISABILITY AND  FAMILY  LEAVE
 INSURANCE  MARKET  AND INSURERS; AND (V) ANY ADDITIONAL FACTORS THAT THE
 SUPERINTENDENT  DEEMS  RELEVANT.    IF  THE  SUPERINTENDENT  DELAYS  THE
 INCREASE IN THE DISABILITY BENEFIT LEVEL FOR ONE OR MORE CALENDAR YEARS,
 THE  DISABILITY BENEFIT LEVEL THAT SHALL TAKE EFFECT IMMEDIATELY FOLLOW-
 ING THE DELAY SHALL BE THE SAME BENEFIT  LEVEL  THAT  WOULD  HAVE  TAKEN
 EFFECT BUT FOR THE DELAY.
   § 15. Section 2605 of the insurance law is amended to read as follows:
   §  2605.  Penalty  for violating workers' compensation law. The super-
 intendent may impose a penalty not to exceed twenty-five hundred dollars
 PER VIOLATION upon  any  insurer  required  to  be  licensed  under  the
 provisions  of  this  chapter, if, after notice to and a hearing of such
 insurer, [he] THE SUPERINTENDENT finds it  has  unreasonably  failed  to
 comply with the workers' compensation law.
   §  16.  This  act shall take effect immediately and shall apply to all
 policies issued, renewed, modified, altered,  or  amended  on  or  after
 January 1, 2025.
 
                                  PART O
 
   Section  1.  This  act  shall  be  known and may be cited as the "Stop
 Addictive Feeds Exploitation (SAFE) for Kids act".
   § 2. The general business law is amended by adding a new article 45 to
 read as follows:
                                ARTICLE 45
                             SAFE FOR KIDS ACT
 SECTION 1500. DEFINITIONS.
         1501. PROHIBITION OF ADDICTIVE FEEDS.
         1502. TIME CONTROLS.
         1503. AGE FLAGS.
         1504. NONDISCRIMINATION.
         1505. RULEMAKING AUTHORITY.
         1506. SCOPE.
         1507. REMEDIES.
 S. 8305--A                         49                         A. 8805--A

   § 1500. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ADDICTIVE  FEED"  SHALL  MEAN  A  WEBSITE, ONLINE SERVICE, ONLINE
 APPLICATION, OR MOBILE APPLICATION,  OR  A  PORTION  THEREOF,  IN  WHICH
 MULTIPLE  PIECES  OF  MEDIA  GENERATED  OR SHARED BY USERS OF A WEBSITE,
 ONLINE  SERVICE,  ONLINE  APPLICATION,  OR  MOBILE  APPLICATION,  EITHER
 CONCURRENTLY  OR SEQUENTIALLY, ARE RECOMMENDED, SELECTED, OR PRIORITIZED
 FOR DISPLAY TO A USER BASED, IN WHOLE OR IN PART, ON INFORMATION ASSOCI-
 ATED WITH THE USER OR THE USER'S DEVICE, UNLESS  ANY  OF  THE  FOLLOWING
 CONDITIONS ARE MET, ALONE OR IN COMBINATION WITH ONE ANOTHER:
   (A)  THE  INFORMATION  IS NOT PERSISTENTLY ASSOCIATED WITH THE USER OR
 USER'S DEVICE, AND DOES NOT CONCERN  THE  USER'S  PREVIOUS  INTERACTIONS
 WITH MEDIA GENERATED OR SHARED BY OTHERS;
   (B)   THE   INFORMATION  IS  USER-SELECTED  PRIVACY  OR  ACCESSIBILITY
 SETTINGS, TECHNICAL INFORMATION CONCERNING THE USER'S DEVICE, OR  DEVICE
 COMMUNICATIONS OR SIGNALS CONCERNING WHETHER THE USER IS A MINOR;
   (C)  THE USER EXPRESSLY AND UNAMBIGUOUSLY REQUESTED THE SPECIFIC MEDIA
 OR MEDIA BY THE AUTHOR, CREATOR, OR POSTER OF THE MEDIA,  PROVIDED  THAT
 THE  MEDIA  IS  NOT  RECOMMENDED,  SELECTED,  OR PRIORITIZED FOR DISPLAY
 BASED, IN WHOLE OR IN PART, ON OTHER  INFORMATION  ASSOCIATED  WITH  THE
 USER  OR  THE USER'S DEVICE THAT IS NOT OTHERWISE PERMISSIBLE UNDER THIS
 SUBDIVISION;
   (D) THE MEDIA ARE DIRECT, PRIVATE COMMUNICATIONS; OR
   (E) THE MEDIA RECOMMENDED, SELECTED, OR  PRIORITIZED  FOR  DISPLAY  IS
 EXCLUSIVELY  THE  NEXT  MEDIA  IN  A PRE-EXISTING SEQUENCE FROM THE SAME
 AUTHOR, CREATOR, POSTER, OR SOURCE.
   2. "ADDICTIVE SOCIAL MEDIA PLATFORM"  SHALL  MEAN  A  WEBSITE,  ONLINE
 SERVICE,  ONLINE  APPLICATION,  OR  MOBILE  APPLICATION,  THAT OFFERS OR
 PROVIDES USERS AN ADDICTIVE FEED THAT IS NOT INCIDENTAL TO THE PROVISION
 OF SUCH WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE  APPLICA-
 TION.
   3.  "COVERED  MINOR"  SHALL  MEAN A USER OF A WEBSITE, ONLINE SERVICE,
 ONLINE APPLICATION, OR MOBILE APPLICATION IN NEW YORK WHEN THE  OPERATOR
 HAS ACTUAL KNOWLEDGE THE USER IS A MINOR.
   4.  "COVERED  USER"  SHALL  MEAN  A USER OF A WEBSITE, ONLINE SERVICE,
 ONLINE APPLICATION, OR MOBILE APPLICATION IN NEW YORK.
   5. "MEDIA" SHALL MEAN TEXT, AN IMAGE, OR A VIDEO.
   6. "MINOR" SHALL MEAN AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN.
   7. "OPERATOR" SHALL MEAN ANY PERSON WHO OPERATES OR PROVIDES A WEBSITE
 ON THE INTERNET, AN ONLINE SERVICE, AN ONLINE APPLICATION, OR  A  MOBILE
 APPLICATION.
   8. "PARENT" SHALL MEAN PARENT OR LEGAL GUARDIAN.
   9. "USER" SHALL MEAN A PERSON NOT ACTING AS AN AGENT OF AN OPERATOR.
   §  1501.  PROHIBITION  OF ADDICTIVE FEEDS. 1. IT SHALL BE UNLAWFUL FOR
 THE OPERATOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM TO PROVIDE AN  ADDIC-
 TIVE FEED TO A COVERED USER UNLESS:
   (A) THE OPERATOR HAS USED COMMERCIALLY REASONABLE METHODS TO DETERMINE
 THAT THE COVERED USER IS NOT A COVERED MINOR; OR
   (B)  THE  OPERATOR HAS OBTAINED VERIFIABLE PARENTAL CONSENT TO PROVIDE
 AN ADDICTIVE FEED TO THE COVERED USER.
   2. INFORMATION COLLECTED FOR THE  PURPOSE  OF  DETERMINING  A  COVERED
 USER'S  AGE UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL
 NOT BE USED FOR ANY PURPOSE OTHER THAN AGE DETERMINATION.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING THE  OPERA-
 TOR  OF  AN  ADDICTIVE SOCIAL MEDIA PLATFORM TO GIVE A PARENT WHO GRANTS
 S. 8305--A                         50                         A. 8805--A
 
 VERIFIABLE PARENTAL CONSENT ANY  ADDITIONAL  OR  SPECIAL  ACCESS  TO  OR
 CONTROL OVER THE DATA OR ACCOUNTS OF THEIR CHILD.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PREVENTING ANY ACTION
 TAKEN  IN GOOD FAITH TO RESTRICT ACCESS TO OR AVAILABILITY OF MEDIA THAT
 THE OPERATOR OF AN ADDICTIVE  SOCIAL  MEDIA  PLATFORM  CONSIDERS  TO  BE
 OBSCENE,  LEWD,  LASCIVIOUS,  FILTHY, EXCESSIVELY VIOLENT, HARASSING, OR
 OTHERWISE OBJECTIONABLE, WHETHER  OR  NOT  SUCH  MATERIAL  IS  CONSTITU-
 TIONALLY PROTECTED.
   §  1502. TIME CONTROLS. 1. IT SHALL BE UNLAWFUL FOR THE OPERATOR OF AN
 ADDICTIVE SOCIAL MEDIA PLATFORM TO, BETWEEN THE HOURS OF 12  AM  EASTERN
 AND  6  AM  EASTERN,  SEND  NOTIFICATIONS CONCERNING AN ADDICTIVE SOCIAL
 MEDIA PLATFORM TO A COVERED MINOR UNLESS THE OPERATOR HAS OBTAINED VERI-
 FIABLE PARENTAL CONSENT TO SEND SUCH NIGHTTIME NOTIFICATIONS.
   2. THE OPERATOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM SHALL PROVIDE  A
 MECHANISM THROUGH WHICH THE VERIFIED PARENT OF A COVERED MINOR MAY:
   (A)  PREVENT  THEIR  CHILD  FROM  ACCESSING THE ADDICTIVE SOCIAL MEDIA
 PLATFORM BETWEEN THE HOURS OF 12 AM EASTERN AND 6 AM EASTERN; AND
   (B) LIMIT THEIR CHILD'S ACCESS TO THE ADDICTIVE SOCIAL  MEDIA PLATFORM
 TO A LENGTH OF TIME PER DAY SPECIFIED BY THE VERIFIED PARENT.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING THE  OPERA-
 TOR  OF  AN  ADDICTIVE  SOCIAL MEDIA PLATFORM TO GIVE A PARENT ANY ADDI-
 TIONAL OR SPECIAL ACCESS TO OR CONTROL OVER  THE  DATA  OR  ACCOUNTS  OF
 THEIR CHILD.
   §  1503.  AGE FLAGS. FOR THE PURPOSES OF THIS ARTICLE, THE OPERATOR OF
 AN ADDICTIVE SOCIAL MEDIAL PLATFORM SHALL TREAT A USER AS A MINOR IF THE
 USER'S DEVICE COMMUNICATES OR SIGNALS THAT  THE  USER  IS  OR  SHALL  BE
 TREATED  AS  A  MINOR,  INCLUDING  THROUGH  A BROWSER PLUG-IN OR PRIVACY
 SETTING, DEVICE SETTING, OR OTHER MECHANISM.
   § 1504. NONDISCRIMINATION. AN OPERATOR OF AN  ADDICTIVE  SOCIAL  MEDIA
 PLATFORM SHALL NOT WITHHOLD, DEGRADE, LOWER THE QUALITY, OR INCREASE THE
 PRICE  OF  ANY  PRODUCT,  SERVICE, OR FEATURE, OTHER THAN AS REQUIRED BY
 THIS ARTICLE, TO A COVERED USER DUE TO THE OPERATOR NOT BEING  PERMITTED
 TO  PROVIDE AN ADDICTIVE FEED TO SUCH COVERED USER UNDER SUBDIVISION ONE
 OF SECTION FIFTEEN HUNDRED ONE OF THIS ARTICLE OR NOT BEING PERMITTED TO
 PROVIDE SUCH COVERED USER ACCESS TO OR SEND NOTIFICATIONS CONCERNING  AN
 ADDICTIVE SOCIAL MEDIA PLATFORM BETWEEN THE HOURS OF 12 AM EASTERN AND 6
 AM EASTERN UNDER SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE.
   § 1505. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE SUCH
 RULES  AND  REGULATIONS  AS  ARE NECESSARY TO EFFECTUATE AND ENFORCE THE
 PROVISIONS OF THIS ARTICLE.
   § 1506. SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT  OCCURS  IN
 WHOLE  OR  IN  PART  IN  NEW YORK. FOR PURPOSES OF THIS ARTICLE, CONDUCT
 TAKES PLACE WHOLLY OUTSIDE OF NEW YORK IF  THE  ADDICTIVE  SOCIAL  MEDIA
 PLATFORM  IS ACCESSED BY A USER WHO IS PHYSICALLY LOCATED OUTSIDE OF NEW
 YORK.
   2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY  FOR
 COMMERCIAL  ACTIVITIES  OR  ACTIONS  BY OPERATORS SUBJECT TO 15 U.S.C. §
 6501 THAT IS INCONSISTENT WITH  THE  TREATMENT  OF  SUCH  ACTIVITIES  OR
 ACTIONS UNDER 15 U.S.C. § 6502.
   §  1507.  REMEDIES.  1.  WHENEVER  IT APPEARS TO THE ATTORNEY GENERAL,
 EITHER UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN  OR  OUTSIDE
 THE  STATE,  HAS  ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR
 PRACTICES STATED TO BE UNLAWFUL IN THIS ARTICLE,  THE  ATTORNEY  GENERAL
 MAY  BRING  AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF
 THE PEOPLE OF THE STATE OF NEW YORK TO  ENJOIN  ANY  VIOLATION  OF  THIS
 ARTICLE,  TO  OBTAIN  RESTITUTION  OF  ANY  MONEYS  OR PROPERTY OBTAINED
 S. 8305--A                         51                         A. 8805--A
 
 DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT  OF
 ANY  PROFITS  OR  GAINS  OBTAINED  DIRECTLY  OR  INDIRECTLY  BY ANY SUCH
 VIOLATION, INCLUDING BUT NOT LIMITED TO THE  DESTRUCTION  OF  UNLAWFULLY
 OBTAINED  DATA  AND  ALGORITHMS  TRAINED ON SUCH DATA, TO OBTAIN DAMAGES
 CAUSED DIRECTLY OR INDIRECTLY BY ANY SUCH  VIOLATION,  TO  OBTAIN  CIVIL
 PENALTIES  OF  UP  TO FIVE THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN
 ANY SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER,  INCLUD-
 ING PRELIMINARY RELIEF.
   2.  ANY  COVERED  USER,  OR THE PARENT OF A COVERED MINOR MAY BRING AN
 ACTION FOR A VIOLATION OF SECTION FIFTEEN HUNDRED ONE OR SECTION FIFTEEN
 HUNDRED TWO OF THIS ARTICLE, TO OBTAIN:
   (A) DAMAGES OF UP TO FIVE THOUSAND DOLLARS PER COVERED USER PER  INCI-
 DENT OR ACTUAL DAMAGES, WHICHEVER IS GREATER;
   (B) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
   (C) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   3. ACTIONS BROUGHT PURSUANT TO THIS SECTION MAY BE BROUGHT ON A CLASS-
 WIDE BASIS.
   4.  THE  COURT  SHALL AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING
 PLAINTIFF.
   5. PRIOR TO BRINGING ANY ACTION FOR A  VIOLATION  OF  SECTION  FIFTEEN
 HUNDRED ONE OR FIFTEEN HUNDRED TWO OF THIS ARTICLE, A COVERED USER SHALL
 PROVIDE THE BUSINESS THIRTY DAYS' WRITTEN NOTICE IDENTIFYING THE SPECIF-
 IC  PROVISIONS OF THIS ARTICLE THE COVERED USER ALLEGES HAVE BEEN OR ARE
 BEING VIOLATED. IN THE EVENT A CURE IS POSSIBLE, IF  WITHIN  THE  THIRTY
 DAYS  THE  BUSINESS CURES THE NOTICED VIOLATION AND PROVIDES THE COVERED
 USER AN EXPRESS WRITTEN STATEMENT THAT THE VIOLATIONS  HAVE  BEEN  CURED
 AND  THAT  NO  FURTHER  VIOLATIONS SHALL OCCUR, NO ACTION FOR INDIVIDUAL
 STATUTORY DAMAGES OR  CLASS-WIDE  STATUTORY  DAMAGES  MAY  BE  INITIATED
 AGAINST THE BUSINESS. NO NOTICE SHALL BE REQUIRED PRIOR TO AN INDIVIDUAL
 CONSUMER  INITIATING  AN  ACTION  SOLELY  FOR  ACTUAL  PECUNIARY DAMAGES
 SUFFERED AS A RESULT OF THE ALLEGED VIOLATIONS OF  THIS  ARTICLE.  IF  A
 BUSINESS CONTINUES TO VIOLATE THIS ARTICLE IN BREACH OF AN EXPRESS WRIT-
 TEN STATEMENT PROVIDED TO THE COVERED USER PURSUANT TO THIS SECTION, THE
 COVERED  USER MAY INITIATE AN ACTION AGAINST THE BUSINESS TO ENFORCE THE
 WRITTEN STATEMENT AND MAY PURSUE STATUTORY DAMAGES FOR  EACH  BREACH  OF
 THE  EXPRESS  WRITTEN  STATEMENT,  AS WELL AS ANY OTHER VIOLATION OF THE
 ARTICLE THAT POSTDATES THE WRITTEN STATEMENT.
   § 3. Severability.  If any clause, sentence,  paragraph,  subdivision,
 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 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 the  office  of  the  attorney  general shall promulgate rules and regu-
 lations necessary to effectuate the provisions  of  this  act;  provided
 that  the  office  of  the attorney general shall notify the legislative
 bill drafting commission upon the occurrence of  the  enactment  of  the
 rules   and  regulations    necessary  to  effectuate  and  enforce  the
 provisions of section two of this act in order that the  commission  may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 S. 8305--A                         52                         A. 8805--A
 
 public  officers  law.  Effective  immediately,  the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.
 
                                  PART P
 
   Section 1. The general business law is amended by adding a new article
 39-FF to read as follows:
                               ARTICLE 39-FF
                    NEW YORK CHILD DATA PROTECTION ACT
 SECTION 899-EE. DEFINITIONS.
         899-FF. PRIVACY PROTECTION BY DEFAULT.
         899-GG. THIRD PARTIES.
         899-HH. ONGOING SAFEGUARDS.
         899-II. RESPECTING USER-PROVIDED AGE FLAGS.
         899-JJ. PROTECTIONS FOR THIRD-PARTY OPERATORS.
         899-KK. RULEMAKING AUTHORITY.
         899-LL. SCOPE.
         899-MM. REMEDIES.
   §  899-EE.  DEFINITIONS.  FOR  PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "COVERED USER" SHALL MEAN A USER  OF  A  WEBSITE,  ONLINE  SERVICE,
 ONLINE  APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR PORTION
 THEREOF, IN THE STATE OF NEW YORK WHO IS:
   (A) ACTUALLY KNOWN BY THE OPERATOR OF SUCH  WEBSITE,  ONLINE  SERVICE,
 ONLINE  APPLICATION,  MOBILE  APPLICATION,  OR  CONNECTED DEVICE TO BE A
 MINOR; OR
   (B) A USER OF A WEBSITE, ONLINE SERVICE,  ONLINE  APPLICATION,  MOBILE
 APPLICATION, OR CONNECTED DEVICE PRIMARILY DIRECTED TO MINORS.
   2. "MINOR" SHALL MEAN A NATURAL PERSON UNDER THE AGE OF EIGHTEEN.
   3. "OPERATOR" SHALL MEAN ANY PERSON:
   (A)  WHO  OPERATES  OR  PROVIDES  A  WEBSITE  ON  THE INTERNET, ONLINE
 SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,  OR  CONNECTED  DEVICE;
 AND
   (B) WHO:
   (I)  COLLECTS OR MAINTAINS, EITHER DIRECTLY OR THROUGH ANOTHER PERSON,
 PERSONAL DATA FROM OR ABOUT THE USERS OF SUCH WEBSITE, SERVICE, APPLICA-
 TION, OR CONNECTED DEVICE;
   (II)  INTEGRATES  WITH  ANOTHER  WEBSITE,  SERVICE,  APPLICATION,   OR
 CONNECTED  DEVICE  AND DIRECTLY COLLECTS PERSONAL DATA FROM THE USERS OF
 SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED DEVICE;
   (III) ALLOWS ANOTHER PERSON TO COLLECT  PERSONAL  DATA  DIRECTLY  FROM
 USERS OF SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED DEVICE; OR
   (IV)  ALLOWS USERS OF SUCH WEBSITE, SERVICE, APPLICATION, OR CONNECTED
 DEVICE TO PUBLICLY DISCLOSE PERSONAL DATA.
   4. "PERSONAL DATA" SHALL  MEAN  ANY  DATA  THAT  IDENTIFIES  OR  COULD
 REASONABLY  BE  LINKED,  DIRECTLY OR INDIRECTLY, WITH A SPECIFIC NATURAL
 PERSON OR DEVICE.
   5. "PROCESS" OR "PROCESSING" SHALL MEAN AN OPERATION OR SET  OF  OPER-
 ATIONS  PERFORMED  ON  PERSONAL  DATA,  INCLUDING BUT NOT LIMITED TO THE
 COLLECTION,  USE,  ACCESS,  SHARING,   SALE,   MONETIZATION,   ANALYSIS,
 RETENTION,  CREATION,  GENERATION,  DERIVATION, RECORDING, ORGANIZATION,
 STRUCTURING, STORAGE,  DISCLOSURE,  TRANSMISSION,  DISPOSAL,  LICENSING,
 DESTRUCTION,  DELETION,  MODIFICATION,  OR  DEIDENTIFICATION OF PERSONAL
 DATA.
 S. 8305--A                         53                         A. 8805--A
 
   6. "PRIMARILY  DIRECTED  TO  MINORS"  SHALL  MEAN  A  WEBSITE,  ONLINE
 SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR
 A  PORTION  THEREOF,  THAT  IS  TARGETED  TO  MINORS.  A WEBSITE, ONLINE
 SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR CONNECTED DEVICE, OR
 PORTION THEREOF, SHALL NOT BE DEEMED DIRECTED PRIMARILY TO MINORS SOLELY
 BECAUSE  SUCH WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLI-
 CATION, OR CONNECTED DEVICE, OR PORTION THEREOF REFERS OR LINKS  TO  ANY
 OTHER  WEBSITE,  ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,
 OR CONNECTED DEVICE DIRECTED TO MINORS  BY  USING  INFORMATION  LOCATION
 TOOLS,  INCLUDING  A  DIRECTORY, INDEX, REFERENCE, POINTER, OR HYPERTEXT
 LINK. A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION,
 OR CONNECTED DEVICE, OR PORTION THEREOF, SHALL  BE  DEEMED  DIRECTED  TO
 MINORS  WHEN IT HAS ACTUAL KNOWLEDGE THAT IT IS COLLECTING PERSONAL DATA
 OF USERS DIRECTLY FROM USERS OF ANOTHER WEBSITE, ONLINE SERVICE,  ONLINE
 APPLICATION,  MOBILE APPLICATION, OR CONNECTED DEVICE PRIMARILY DIRECTED
 TO MINORS.
   7. "SELL" SHALL MEAN TO SHARE PERSONAL  DATA  FOR  MONETARY  OR  OTHER
 VALUABLE  CONSIDERATION.  "SELLING"  SHALL  NOT  INCLUDE  THE SHARING OF
 PERSONAL DATA FOR MONETARY OR OTHER VALUABLE  CONSIDERATION  TO  ANOTHER
 PERSON AS AN ASSET THAT IS PART OF A MERGER, ACQUISITION, BANKRUPTCY, OR
 OTHER TRANSACTION IN WHICH THAT PERSON ASSUMES CONTROL OF ALL OR PART OF
 THE OPERATOR'S ASSETS.
   8.  "THIRD  PARTY" SHALL MEAN ANY PERSON WHO IS NOT ANY OF THE FOLLOW-
 ING:
   (A) THE OPERATOR WITH WHOM THE USER INTENTIONALLY  INTERACTS  AND  WHO
 COLLECTS  PERSONAL  DATA  FROM  THE  USER  AS PART OF THE USER'S CURRENT
 INTERACTION WITH THE OPERATOR;
   (B) THE USER WHOSE PERSONAL DATA THE OPERATOR PROCESSES; OR
   (C) THE PARENT OR LEGAL GUARDIAN OF A USER UNDER  THIRTEEN  YEARS  OLD
 WHOSE PERSONAL DATA THE OPERATOR PROCESSES.
   §  899-FF. PRIVACY PROTECTION BY DEFAULT. 1. EXCEPT AS PROVIDED FOR IN
 SUBDIVISION SIX OF THIS SECTION AND SECTION EIGHT HUNDRED NINETY-NINE-JJ
 OF THIS ARTICLE, AN OPERATOR SHALL NOT PROCESS, OR ALLOW A  THIRD  PARTY
 TO  PROCESS,  THE  PERSONAL DATA OF A COVERED USER COLLECTED THROUGH THE
 USE OF A WEBSITE, ONLINE SERVICE, ONLINE  APPLICATION,  MOBILE  APPLICA-
 TION, OR CONNECTED DEVICE UNLESS AND TO THE EXTENT:
   (A)  THE COVERED USER IS TWELVE YEARS OF AGE OR YOUNGER AND PROCESSING
 IS PERMITTED UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS; OR
   (B) THE COVERED USER IS THIRTEEN YEARS OF AGE OR OLDER AND  PROCESSING
 IS  STRICTLY  NECESSARY  FOR AN ACTIVITY SET FORTH IN SUBDIVISION TWO OF
 THIS SECTION, OR INFORMED CONSENT HAS BEEN  OBTAINED  AS  SET  FORTH  IN
 SUBDIVISION THREE OF THIS SECTION.
   2.  FOR  THE  PURPOSES  OF  PARAGRAPH  (B)  OF SUBDIVISION ONE OF THIS
 SECTION, THE PROCESSING OF PERSONAL DATA OF A COVERED USER IS  PERMISSI-
 BLE WHERE IT IS STRICTLY NECESSARY FOR THE FOLLOWING ACTIVITIES:
   (A)  PROVIDING  OR MAINTAINING A SPECIFIC PRODUCT OR SERVICE REQUESTED
 BY THE COVERED USER;
   (B)  CONDUCTING  THE  OPERATOR'S  INTERNAL  BUSINESS  OPERATIONS.  FOR
 PURPOSES  OF THIS PARAGRAPH, SUCH INTERNAL BUSINESS OPERATIONS SHALL NOT
 INCLUDE ANY ACTIVITIES RELATED TO MARKETING, ADVERTISING,  OR  PROVIDING
 PRODUCTS OR SERVICES TO THIRD PARTIES, OR PROMPTING COVERED USERS TO USE
 THE  WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE APPLICATION, OR
 CONNECTED DEVICE WHEN IT IS NOT IN USE;
   (C) IDENTIFYING AND REPAIRING TECHNICAL ERRORS THAT IMPAIR EXISTING OR
 INTENDED FUNCTIONALITY;
   (D) PROTECTING AGAINST MALICIOUS, FRAUDULENT, OR ILLEGAL ACTIVITY;
 S. 8305--A                         54                         A. 8805--A

   (E) INVESTIGATING, ESTABLISHING, EXERCISING, PREPARING FOR, OR DEFEND-
 ING LEGAL CLAIMS;
   (F)  COMPLYING  WITH  FEDERAL,  STATE,  OR LOCAL LAWS, RULES, OR REGU-
 LATIONS;
   (G) COMPLYING WITH A CIVIL, CRIMINAL, OR REGULATORY INQUIRY,  INVESTI-
 GATION,  SUBPOENA, OR SUMMONS BY FEDERAL, STATE, LOCAL, OR OTHER GOVERN-
 MENTAL AUTHORITIES;
   (H) DETECTING, RESPONDING TO,  OR  PREVENTING  SECURITY  INCIDENTS  OR
 THREATS; OR
   (I) PROTECTING THE VITAL INTERESTS OF A NATURAL PERSON.
   3.  (A)  FOR  THE PURPOSES OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
 SECTION, TO PROCESS PERSONAL DATA OF A COVERED USER WHERE SUCH  PROCESS-
 ING  IS  NOT  STRICTLY  NECESSARY UNDER SUBDIVISION TWO OF THIS SECTION,
 INFORMED CONSENT MUST BE OBTAINED FROM THE COVERED USER EITHER THROUGH A
 DEVICE COMMUNICATION OR SIGNAL PURSUANT TO THE PROVISIONS OF SUBDIVISION
 TWO OF SECTION EIGHT HUNDRED NINETY-NINE-II OF THIS ARTICLE OR THROUGH A
 REQUEST. REQUESTS FOR SUCH INFORMED CONSENT SHALL:
   (I) BE MADE SEPARATELY FROM ANY OTHER TRANSACTION OR PART OF A  TRANS-
 ACTION;
   (II)  BE  MADE IN THE ABSENCE OF ANY MECHANISM THAT HAS THE PURPOSE OR
 SUBSTANTIAL EFFECT OF OBSCURING,  SUBVERTING,  OR  IMPAIRING  A  COVERED
 USER'S DECISION-MAKING REGARDING AUTHORIZATION FOR THE PROCESSING;
   (III) IF REQUESTING INFORMED CONSENT FOR MULTIPLE TYPES OF PROCESSING,
 ALLOW  THE  COVERED  USER  TO PROVIDE OR WITHHOLD CONSENT SEPARATELY FOR
 EACH TYPE OF PROCESSING;
   (IV) CLEARLY AND CONSPICUOUSLY STATE THAT THE PROCESSING IS  OPTIONAL,
 AND  THAT  THE COVERED USER MAY DECLINE WITHOUT PREVENTING CONTINUED USE
 OF THE WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, MOBILE  APPLICATION,
 OR CONNECTED DEVICE; AND
   (V) CLEARLY PRESENT AN OPTION TO REFUSE TO PROVIDE CONSENT AS THE MOST
 PROMINENT OPTION.
   (B)  SUCH  INFORMED  CONSENT, ONCE GIVEN, SHALL BE FREELY REVOCABLE AT
 ANY TIME, AND SHALL BE AT LEAST AS EASY TO REVOKE AS IT WAS TO PROVIDE.
   (C) IF A COVERED USER DECLINES TO PROVIDE OR REVOKES INFORMED  CONSENT
 FOR  PROCESSING, ANOTHER REQUEST MAY NOT BE MADE FOR SUCH PROCESSING FOR
 THE FOLLOWING CALENDAR YEAR.
   (D) IF A COVERED  USER'S  DEVICE  COMMUNICATES  OR  SIGNALS  THAT  THE
 COVERED  USER DECLINES TO PROVIDE INFORMED CONSENT FOR PROCESSING PURSU-
 ANT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED  NINE-
 TY-NINE-II  OF  THIS  ARTICLE,  AN  OPERATOR  SHALL NOT REQUEST INFORMED
 CONSENT FOR SUCH PROCESSING.
   4. EXCEPT WHERE PROCESSING IS STRICTLY NECESSARY TO PROVIDE A PRODUCT,
 SERVICE, OR FEATURE, AN OPERATOR MAY NOT WITHHOLD,  DEGRADE,  LOWER  THE
 QUALITY,  OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR FEATURE TO A
 COVERED USER DUE TO  THE  OPERATOR  NOT  OBTAINING  VERIFIABLE  PARENTAL
 CONSENT  UNDER  15  U.S.C.  §  6502  AND ITS IMPLEMENTING REGULATIONS OR
 INFORMED CONSENT UNDER SUBDIVISION THREE OF THIS SECTION.
   5. EXCEPT AS PROVIDED FOR IN SECTION EIGHT HUNDRED  NINETY-NINE-JJ  OF
 THIS  ARTICLE,  AN OPERATOR SHALL NOT PURCHASE OR SELL, OR ALLOW A THIRD
 PARTY TO PURCHASE OR SELL, THE PERSONAL DATA OF A COVERED USER.
   6. WITHIN FOURTEEN DAYS OF DETERMINING THAT A USER IS A COVERED  USER,
 AN OPERATOR SHALL:
   (A)  DISPOSE  OF, DESTROY, OR DELETE ALL PERSONAL DATA OF SUCH COVERED
 USER THAT IT MAINTAINS, UNLESS PROCESSING SUCH PERSONAL DATA IS  PERMIT-
 TED UNDER 15 U.S.C. § 6502 AND ITS IMPLEMENTING REGULATIONS, IS STRICTLY
 NECESSARY  FOR AN ACTIVITY LISTED IN SUBDIVISION TWO OF THIS SECTION, OR
 S. 8305--A                         55                         A. 8805--A
 
 INFORMED CONSENT IS OBTAINED AS SET FORTH IN SUBDIVISION THREE  OF  THIS
 SECTION; AND
   (B)  NOTIFY  ANY THIRD PARTIES TO WHOM IT DISCLOSED THE PERSONAL DATA,
 AND ANY THIRD PARTIES IT ALLOWED TO PROCESS THE PERSONAL DATA, THAT  THE
 USER IS A COVERED USER.
   §  899-GG.  THIRD  PARTIES. 1. EXCEPT AS PROVIDED FOR IN SECTION EIGHT
 HUNDRED NINETY-NINE-JJ OF THIS ARTICLE, NO OPERATOR SHALL  DISCLOSE  THE
 PERSONAL  DATA OF A COVERED USER TO A THIRD PARTY, OR ALLOW THE PROCESS-
 ING OF THE PERSONAL DATA OF A COVERED USER BY A THIRD PARTY,  WITHOUT  A
 WRITTEN, BINDING AGREEMENT GOVERNING SUCH DISCLOSURE OR PROCESSING. SUCH
 AGREEMENT  SHALL  CLEARLY  SET  FORTH  INSTRUCTIONS  FOR  THE NATURE AND
 PURPOSE  OF  THE  THIRD-PARTY'S  PROCESSING  OF   THE   PERSONAL   DATA,
 INSTRUCTIONS  FOR USING OR FURTHER DISCLOSING THE PERSONAL DATA, AND THE
 RIGHTS AND OBLIGATIONS OF BOTH PARTIES.
   2. EXCEPT AS PROVIDED FOR IN SECTION EIGHT HUNDRED  NINETY-NINE-JJ  OF
 THIS  ARTICLE,  PRIOR  TO DISCLOSING PERSONAL DATA TO A THIRD PARTY, THE
 OPERATOR SHALL INFORM THE THIRD PARTY IF SUCH DATA IS THE PERSONAL  DATA
 OF A COVERED USER.
   3.  AN  AGREEMENT  PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION SHALL
 REQUIRE THAT THE THIRD PARTY:
   (A) PROCESS THE PERSONAL DATA OF COVERED USERS ONLY WHEN  AND  TO  THE
 EXTENT STRICTLY NECESSARY FOR AN ACTIVITY LISTED PURSUANT TO SUBDIVISION
 TWO  OF  SECTION  EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE, OR WHERE
 INFORMED CONSENT WAS OBTAINED PURSUANT TO SUBDIVISION THREE  OF  SECTION
 EIGHT HUNDRED NINETY-NINE-FF OF THIS ARTICLE;
   (B)  DELETE  OR  RETURN  TO  THE OPERATOR ALL PERSONAL DATA OF COVERED
 USERS AT THE END OF ITS PROVISION OF SERVICES, UNLESS RETENTION  OF  THE
 PERSONAL DATA IS REQUIRED BY LAW;
   (C)  UPON  REASONABLE  REQUEST  OF THE OPERATOR, MAKE AVAILABLE TO THE
 OPERATOR ALL DATA IN ITS POSSESSION NECESSARY TO DEMONSTRATE THE  THIRD-
 PARTY'S COMPLIANCE WITH THE OBLIGATIONS IN THIS SECTION;
   (D)  ALLOW, AND COOPERATE WITH, REASONABLE ASSESSMENTS BY THE OPERATOR
 OR THE OPERATOR'S DESIGNATED ASSESSOR FOR PURPOSES OF EVALUATING COMPLI-
 ANCE WITH THE OBLIGATIONS OF  THIS  ARTICLE.  ALTERNATIVELY,  THE  THIRD
 PARTY MAY ARRANGE FOR A QUALIFIED AND INDEPENDENT ASSESSOR TO CONDUCT AN
 ASSESSMENT  OF  THE  THIRD-PARTY'S  POLICIES AND TECHNICAL AND ORGANIZA-
 TIONAL MEASURES IN SUPPORT OF THE OBLIGATIONS UNDER THIS  ARTICLE  USING
 AN APPROPRIATE AND ACCEPTED CONTROL STANDARD OR FRAMEWORK AND ASSESSMENT
 PROCEDURE  FOR  SUCH ASSESSMENTS. THE THIRD PARTY SHALL PROVIDE A REPORT
 OF SUCH ASSESSMENT TO THE OPERATOR UPON REQUEST; AND
   (E) NOTIFY THE OPERATOR A REASONABLE TIME IN ADVANCE BEFORE DISCLOSING
 OR TRANSFERRING THE PERSONAL DATA OF COVERED USERS TO ANY FURTHER  THIRD
 PARTIES, WHICH MAY BE IN THE FORM OF A REGULARLY UPDATED LIST OF FURTHER
 THIRD PARTIES THAT MAY ACCESS PERSONAL DATA OF COVERED USERS.
   § 899-HH. ONGOING SAFEGUARDS. UPON LEARNING THAT A USER IS NO LONGER A
 COVERED  USER,  AN  OPERATOR  MAY  NOT PROCESS THE PERSONAL DATA OF SUCH
 PERSON IN A MANNER NOT PREVIOUSLY PERMITTED UNLESS AND UNTIL IT RECEIVES
 INFORMED CONSENT PURSUANT TO SUBDIVISION THREE OF SECTION EIGHT  HUNDRED
 NINETY-NINE-FF OF THIS ARTICLE.
   §  899-II.  RESPECTING USER-PROVIDED AGE FLAGS. 1. FOR THE PURPOSES OF
 THIS ARTICLE, AN OPERATOR SHALL TREAT A USER AS A COVERED  USER  IF  THE
 USER'S  DEVICE  COMMUNICATES  OR  SIGNALS  THAT  THE USER IS OR SHALL BE
 TREATED AS A MINOR, INCLUDING  THROUGH  A  BROWSER  PLUG-IN  OR  PRIVACY
 SETTING, DEVICE SETTING, OR OTHER MECHANISM.
   2.  FOR  THE  PURPOSES  OF  SUBDIVISION THREE OF SECTION EIGHT HUNDRED
 NINETY-NINE-FF OF THIS ARTICLE, AN OPERATOR SHALL ADHERE  TO  ANY  CLEAR
 S. 8305--A                         56                         A. 8805--A
 
 AND  UNAMBIGUOUS COMMUNICATIONS OR SIGNALS FROM A COVERED USER'S DEVICE,
 INCLUDING THROUGH A BROWSER PLUG-IN OR PRIVACY SETTING, DEVICE  SETTING,
 OR OTHER MECHANISM, CONCERNING PROCESSING THAT THE COVERED USER CONSENTS
 TO OR DECLINES TO CONSENT TO. AN OPERATOR SHALL NOT ADHERE TO UNCLEAR OR
 AMBIGUOUS  COMMUNICATIONS  OR  SIGNALS FROM A COVERED USER'S DEVICE, AND
 SHALL INSTEAD REQUEST INFORMED CONSENT PURSUANT  TO  THE  PROVISIONS  OF
 PARAGRAPH A OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED NINETY-NINE-FF
 OF THIS ARTICLE.
   §  899-JJ.  PROTECTIONS  FOR  THIRD-PARTY  OPERATORS.  SECTIONS  EIGHT
 HUNDRED NINETY-NINE-FF AND EIGHT HUNDRED NINETY-NINE-GG OF THIS  ARTICLE
 SHALL NOT APPLY TO AN OPERATOR PROCESSING THE PERSONAL DATA OF A COVERED
 USER  OF  ANOTHER  WEBSITE,  ONLINE  SERVICE, ONLINE APPLICATION, MOBILE
 APPLICATION, OR CONNECTED DEVICE, OR PORTION THEREOF, WHERE THE OPERATOR
 RECEIVED  REASONABLE  WRITTEN  REPRESENTATIONS  THAT  THE  COVERED  USER
 PROVIDED INFORMED CONSENT FOR SUCH PROCESSING, OR:
   1.  THE  OPERATOR DOES NOT HAVE ACTUAL KNOWLEDGE THAT THE COVERED USER
 IS A MINOR; AND
   2. THE OPERATOR DOES NOT HAVE ACTUAL KNOWLEDGE THAT THE OTHER WEBSITE,
 ONLINE SERVICE, ONLINE APPLICATION,  MOBILE  APPLICATION,  OR  CONNECTED
 DEVICE, OR PORTION THEREOF, IS PRIMARILY DIRECTED TO MINORS.
   §  899-KK.  RULEMAKING  AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE
 SUCH RULES AND REGULATIONS AS ARE NECESSARY TO  EFFECTUATE  AND  ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   § 899-LL. SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT OCCURS IN
 WHOLE OR IN PART IN THE STATE OF NEW YORK. FOR PURPOSES OF THIS ARTICLE,
 COMMERCIAL  CONDUCT  TAKES PLACE WHOLLY OUTSIDE OF THE STATE OF NEW YORK
 IF THE BUSINESS COLLECTED SUCH INFORMATION WHILE THE  COVERED  USER  WAS
 OUTSIDE  OF  THE  STATE  OF  NEW YORK, NO PART OF THE USE OF THE COVERED
 USER'S PERSONAL DATA OCCURRED IN THE STATE OF NEW YORK, AND NO  PERSONAL
 DATA  COLLECTED  WHILE  THE COVERED USER WAS IN THE STATE OF NEW YORK IS
 USED.
   2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT AN  OPERATOR
 FROM  STORING A COVERED USER'S PERSONAL DATA THAT WAS COLLECTED PURSUANT
 TO SECTION EIGHT  HUNDRED  NINETY-NINE-FF  OF  THIS  ARTICLE  WHEN  SUCH
 COVERED USER IS IN THE STATE.
   3.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY FOR
 COMMERCIAL ACTIVITIES OR ACTIONS BY OPERATORS SUBJECT TO 15 U.S.C.  6501
 THAT IS INCONSISTENT WITH THE TREATMENT OF SUCH  ACTIVITIES  OR  ACTIONS
 UNDER 15 U.S.C. 6502.
   §  899-MM.  REMEDIES.  1. WHENEVER IT APPEARS TO THE ATTORNEY GENERAL,
 EITHER UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN  OR  OUTSIDE
 THE  STATE,  HAS  ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR
 PRACTICES STATED TO BE UNLAWFUL IN THIS ARTICLE,  THE  ATTORNEY  GENERAL
 MAY  BRING  AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF
 THE PEOPLE OF THE STATE OF NEW YORK TO  ENJOIN  ANY  VIOLATION  OF  THIS
 ARTICLE,  TO  OBTAIN  RESTITUTION  OF  ANY  MONEYS  OR PROPERTY OBTAINED
 DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT  OF
 ANY  PROFITS  OR  GAINS  OBTAINED  DIRECTLY  OR  INDIRECTLY  BY ANY SUCH
 VIOLATION, INCLUDING BUT NOT LIMITED TO THE  DESTRUCTION  OF  UNLAWFULLY
 OBTAINED  DATA  AND  ALGORITHMS  TRAINED ON SUCH DATA, TO OBTAIN DAMAGES
 CAUSED DIRECTLY OR INDIRECTLY BY ANY SUCH  VIOLATION,  TO  OBTAIN  CIVIL
 PENALTIES  OF  UP  TO FIVE THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN
 ANY SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER,  INCLUD-
 ING PRELIMINARY RELIEF.
   2.  ANY  COVERED  USER  WHO HAS BEEN INJURED BY A VIOLATION OF SECTION
 EIGHT HUNDRED NINETY-NINE-FF  OF THIS ARTICLE, OR THE  PARENT  OR  LEGAL
 S. 8305--A                         57                         A. 8805--A
 
 GUARDIAN  OF  A  COVERED  MINOR  WHO  HAS BEEN INJURED BY A VIOLATION OF
 SECTION EIGHT HUNDRED NINETY-NINE-FF  OF  THIS  ARTICLE,  MAY  BRING  AN
 ACTION TO OBTAIN:
   (A)  DAMAGES OF UP TO FIVE THOUSAND DOLLARS PER COVERED USER PER INCI-
 DENT OR ACTUAL DAMAGES, WHICHEVER IS GREATER;
   (B) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
   (C) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   3. ACTIONS PURSUANT TO THIS SECTION MAY BE  BROUGHT  ON  A  CLASS-WIDE
 BASIS.
   4.  THE  COURT  MAY  AWARD  REASONABLE ATTORNEYS' FEES TO A PREVAILING
 PLAINTIFF.
   5. PRIOR TO BRINGING ANY ACTION FOR VIOLATIONS OF THIS ARTICLE  PURSU-
 ANT TO SUBDIVISION TWO OF THIS SECTION, A COVERED USER SHALL PROVIDE THE
 OPERATOR THIRTY DAYS' WRITTEN NOTICE IDENTIFYING THE SPECIFIC PROVISIONS
 OF  THIS  ARTICLE  THE  COVERED  USER  ALLEGES  HAVE  BEEN  OR ARE BEING
 VIOLATED. IN THE EVENT A CURE IS POSSIBLE, IF WITHIN THE THIRTY DAYS THE
 OPERATOR ACTUALLY CURES THE NOTICED VIOLATION AND PROVIDES  THE  COVERED
 USER  AN  EXPRESS  WRITTEN STATEMENT THAT THE VIOLATIONS HAVE BEEN CURED
 AND THAT NO FURTHER VIOLATIONS SHALL OCCUR,  NO  ACTION  FOR  INDIVIDUAL
 STATUTORY  DAMAGES  OR  CLASS-WIDE  STATUTORY  DAMAGES  MAY BE INITIATED
 AGAINST THE OPERATOR. NO NOTICE SHALL BE REQUIRED PRIOR TO AN INDIVIDUAL
 CONSUMER INITIATING  AN  ACTION  SOLELY  FOR  ACTUAL  PECUNIARY  DAMAGES
 SUFFERED AS A RESULT OF THE ALLEGED VIOLATIONS OF THIS TITLE. IF A BUSI-
 NESS  CONTINUES TO VIOLATE THIS ARTICLE IN BREACH OF THE EXPRESS WRITTEN
 STATEMENT PROVIDED TO THE COVERED USER UNDER THIS SECTION,  THE  COVERED
 USER  MAY INITIATE AN ACTION AGAINST THE BUSINESS TO ENFORCE THE WRITTEN
 STATEMENT AND MAY PURSUE  STATUTORY  DAMAGES  FOR  EACH  BREACH  OF  THE
 EXPRESS WRITTEN STATEMENT, AS WELL AS ANY OTHER VIOLATION OF THE ARTICLE
 THAT POSTDATES SUCH WRITTEN STATEMENT.
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 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 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 one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.
 
                                  PART Q

   Section 1. Subdivision 2 of section 200 of the state finance  law,  as
 added by chapter 78 of the laws of 1982, is amended to read as follows:
   2.  Notwithstanding the provisions of subdivision one of this section,
 where the state and an employee organization representing state officers
 and employees who are in positions which are in  collective  negotiating
 units  established pursuant to article fourteen of the civil service law
 enter into an agreement providing for an alternative procedure  for  the
 payment  of salaries to such employees or where the director of employee
 relations shall authorize an alternative procedure for  the  payment  of
 salaries  to state officers or employees in the executive branch who are
 S. 8305--A                         58                         A. 8805--A

 in positions which are not in collective negotiating units, such  alter-
 native procedure shall be implemented in lieu of the procedure specified
 in subdivision one of this section.  NOTWITHSTANDING ANY OTHER PROVISION
 OF  LAW  TO  THE  CONTRARY, WHERE THE STATE AND AN EMPLOYEE ORGANIZATION
 REPRESENTING OFFICERS AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO  ARE  IN
 POSITIONS WHICH ARE IN COLLECTIVE NEGOTIATING UNITS ESTABLISHED PURSUANT
 TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW ENTER INTO AN AGREEMENT, OR
 WHERE  THE  DIRECTOR  OF EMPLOYEE RELATIONS SHALL AUTHORIZE FOR OFFICERS
 AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN POSITIONS WHICH ARE NOT
 IN COLLECTIVE NEGOTIATING UNITS,    THE  ALTERNATE  PROCEDURE  SPECIFIED
 HEREIN  SHALL BE TERMINATED FOR OFFICERS AND EMPLOYEES HIRED ON OR AFTER
 JULY FIRST, TWO THOUSAND TWENTY-FOUR. THE ALTERNATE PROCEDURE  SPECIFIED
 HEREIN  SHALL  ALSO  BE  TERMINATED  FOR:  (I)  NONJUDICIAL OFFICERS AND
 EMPLOYEES OF THE UNIFIED COURT SYSTEM HIRED ON OR AFTER JULY FIRST,  TWO
 THOUSAND  TWENTY-FOUR,  IF  THE  CHIEF  ADMINISTRATOR  OF  THE COURTS SO
 ELECTS; (II) EMPLOYEES OF THE SENATE HIRED ON OR AFTER JULY  FIRST,  TWO
 THOUSAND  TWENTY-FOUR,  IF  THE  TEMPORARY  PRESIDENT  OF  THE SENATE SO
 ELECTS; (III) EMPLOYEES OF THE ASSEMBLY HIRED ON OR  AFTER  JULY  FIRST,
 TWO  THOUSAND TWENTY-FOUR, IF THE SPEAKER OF THE ASSEMBLY SO ELECTS; AND
 (IV) EMPLOYEES OF JOINT LEGISLATIVE EMPLOYERS HIRED  ON  OR  AFTER  JULY
 FIRST,  TWO  THOUSAND  TWENTY-FOUR,  IF  THE  TEMPORARY PRESIDENT OF THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY MUTUALLY SO ELECT  FOR  ALL  SUCH
 JOINT  LEGISLATIVE  EMPLOYERS.   ANY ELECTION MADE PURSUANT TO PARAGRAPH
 (I), (II), (III), OR (IV) OF THIS SUBDIVISION SHALL BE  IN  WRITING  AND
 FILED  WITH  THE  STATE COMPTROLLER NOT LATER THAN THIRTY DAYS AFTER THE
 ENACTMENT OF THIS LEGISLATION.
   § 2. Paragraph (c) of subdivision 2-a of  section  200  of  the  state
 finance  law, as added by chapter 947 of the laws of 1990, is amended to
 read as follows:
   (c) For officers and employees hired after the effective date of  this
 act, the withholding of five days of salary shall be accomplished in the
 same manner provided in paragraph (a) of this section provided, however,
 such withholding shall be taken on the first five payment dates in which
 such new employees would otherwise have received their salary.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE STATE AND
 AN  EMPLOYEE  ORGANIZATION  REPRESENTING  OFFICERS  AND EMPLOYEES IN THE
 EXECUTIVE BRANCH WHO ARE IN POSITIONS WHICH ARE IN COLLECTIVE  NEGOTIAT-
 ING  UNITS ESTABLISHED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE
 LAW ENTER INTO AN AGREEMENT, OR WHERE THE DIRECTOR OF EMPLOYEE RELATIONS
 SHALL AUTHORIZE FOR OFFICERS OR EMPLOYEES IN THE  EXECUTIVE  BRANCH  WHO
 ARE IN POSITIONS WHICH ARE NOT IN COLLECTIVE NEGOTIATING UNITS, OFFICERS
 AND  EMPLOYEES  HIRED  ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR,
 SHALL NOT BE SUBJECT TO THE WITHHOLDING OF FIVE DAYS OF SALARY ON  THEIR
 FIRST FIVE PAYMENT DATES AS SPECIFIED HEREIN. SUCH WITHHOLDING SHALL NOT
 BE  TAKEN  FOR:    (I) NONJUDICIAL OFFICERS AND EMPLOYEES OF THE UNIFIED
 COURT SYSTEM HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR,  IF
 THE  CHIEF  ADMINISTRATOR OF THE COURTS SO ELECTS; (II) EMPLOYEES OF THE
 SENATE HIRED ON OR AFTER JULY FIRST, TWO THOUSAND  TWENTY-FOUR,  IF  THE
 TEMPORARY  PRESIDENT  OF  THE  SENATE  SO ELECTS; (III) EMPLOYEES OF THE
 ASSEMBLY HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF  THE
 SPEAKER  OF THE ASSEMBLY SO ELECTS; AND (IV) EMPLOYEES OF JOINT LEGISLA-
 TIVE EMPLOYERS HIRED ON OR AFTER JULY FIRST, TWO  THOUSAND  TWENTY-FOUR,
 IF THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
 MUTUALLY  SO  ELECT  FOR  ALL  SUCH  JOINT  LEGISLATIVE EMPLOYERS.   ANY
 ELECTION MADE PURSUANT TO SUBPARAGRAPH (I), (II), (III), OR (IV) OF THIS
 S. 8305--A                         59                         A. 8805--A
 
 PARAGRAPH SHALL BE IN WRITING AND FILED WITH THE STATE  COMPTROLLER  NOT
 LATER THAN THIRTY DAYS AFTER THE ENACTMENT OF THIS LEGISLATION.
   §  3.  Paragraph  (a)  of  subdivision 2-b of section 200 of the state
 finance law, as amended by chapter 171 of the laws of 1991,  is  amended
 to read as follows:
   (a)  For  nonjudicial  officers  and  employees  of  the unified court
 system: commencing with the earliest administratively  feasible  payroll
 period  (and  corresponding  payment  date)  subsequent to the date this
 subdivision becomes a law, payment on  the  payment  date  of  the  five
 payroll  periods  commencing  thereon  shall  be for nine-tenths of that
 amount paid each payroll period until a total of five-tenths  of  salary
 for  one  payroll  period  that would be paid but for this provision has
 been withheld. For nonjudicial officers and employees  hired  after  the
 date  this  subdivision  becomes  a law, the withholding of five days of
 salary shall  be  accomplished  in  the  same  manner  described  above,
 provided,  however,  such  withholding  shall  be made on the first five
 payment dates in which such new officers or  employees  would  otherwise
 have  received their salary.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW
 TO THE CONTRARY, SUCH WITHHOLDING SHALL NOT  BE  TAKEN  FOR  NONJUDICIAL
 OFFICERS  AND  EMPLOYEES  OF  THE UNIFIED COURT SYSTEM HIRED ON OR AFTER
 JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF THE CHIEF ADMINISTRATOR OF  THE
 COURTS  SO ELECTS.  ANY ELECTION MADE PURSUANT TO THIS SUBDIVISION SHALL
 BE IN WRITING AND FILED WITH THE STATE COMPTROLLER NOT LATER THAN THIRTY
 DAYS AFTER THE ENACTMENT OF THIS LEGISLATION.
   § 4. This act shall take effect July 1, 2024.
 
                                  PART R
 
   Section 1.  Subdivision (a) of section 5004 of the civil practice  law
 and  rules, as amended by chapter 831 of the laws of 2021, is amended to
 read as follows:
   (a) [Interest shall be at the rate  of  nine  per  centum  per  annum,
 except  where  otherwise  provided by statute; provided] NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, INCLUDING  ANY
 LAW  OR REGULATION THAT LIMITS THE ANNUAL RATE OF INTEREST TO BE PAID ON
 A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE OF INTEREST TO BE PAID ON A
 JUDGMENT OR ACCRUED CLAIM SHALL BE CALCULATED  AT  THE  ONE-YEAR  UNITED
 STATES  TREASURY  BILL RATE. FOR PURPOSES OF THIS SECTION, THE "ONE-YEAR
 UNITED STATES TREASURY BILL RATE"  MEANS  THE  WEEKLY  AVERAGE  ONE-YEAR
 CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
 OF  THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE
 OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES;  PROVIDED  HOWEVER,  THAT
 THIS  SECTION  SHALL  NOT  APPLY  TO  ANY PROVISION OF THE TAX LAW WHICH
 PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID  ON  A  JUDGMENT  OR
 ACCRUED CLAIM. PROVIDED, HOWEVER, the annual rate of interest to be paid
 in  an action arising out of a consumer debt where a natural person is a
 defendant shall be two per centum per annum (i) on a judgment or accrued
 claim for judgments entered on or after  the  effective  date  of  [the]
 chapter  EIGHT HUNDRED THIRTY-ONE of the laws of two thousand twenty-one
 [which amended this section], and (ii)  for  interest  upon  a  judgment
 pursuant to section five thousand three of this article from the date of
 the  entry  of  judgment  on  any  part of a judgment entered before the
 effective date of [the] chapter EIGHT HUNDRED THIRTY-ONE of the laws  of
 two  thousand  twenty-one [which amended this section] that is unpaid as
 of such effective date.
 S. 8305--A                         60                         A. 8805--A
 
   § 2. Section 16 of the state finance law, as amended by chapter 681 of
 the laws of 1982, is amended to read as follows:
   §  16.  Rate  of  interest on judgments and accrued claims against the
 state.  The rate of interest to be paid by the state upon  any  judgment
 or accrued claim against the state shall [not exceed nine per centum per
 annum]  BE  CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY BILL RATE.
 FOR THE PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED  STATES  TREASURY
 BILL  RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY
 YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS  OF  THE  FEDERAL  RESERVE
 SYSTEM,  FOR  THE  CALENDAR  WEEK PRECEDING THE DATE OF THE ENTRY OF THE
 JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT
 APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE
 OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM.
   § 3. This act shall take effect immediately, and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART S
 
   Section  1.  Section  167-a  of  the  civil service law, as amended by
 section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
 read as follows:
   § 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
 from the coverage of the health benefit plan  of  supplementary  medical
 insurance  benefits for which an active or retired employee or a depend-
 ent covered by the health benefit plan is or would be eligible under the
 federal old-age, survivors and disability insurance program,  an  amount
 equal  to  the  STANDARD  MEDICARE premium charge for such supplementary
 medical insurance benefits for such active or retired employee  and  his
 or  her  dependents, if any, shall be paid monthly or at other intervals
 to such active or retired  employee  from  the  health  insurance  fund.
 FURTHERMORE,  EFFECTIVE  JANUARY  FIRST,  TWO THOUSAND TWENTY-FIVE THERE
 SHALL BE NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT
 AMOUNT INCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-FOUR  TO
 ANY  ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPENDENTS, IF ANY. Where
 appropriate, such STANDARD MEDICARE PREMIUM amount may be deducted  from
 contributions  payable  by  the  employee  or retired employee; or where
 appropriate in the case of a retired  employee  receiving  a  retirement
 allowance,  such  STANDARD  MEDICARE PREMIUM amount may be included with
 payments of his or her retirement allowance. All state employer, employ-
 ee, retired employee and dependent contributions to the health insurance
 fund, including contributions from public  authorities,  public  benefit
 corporations  or  other quasi-public organizations of the state eligible
 for participation in the health benefit plan as authorized  by  subdivi-
 sion  two  of  section one hundred sixty-three of this article, shall be
 adjusted as necessary to cover the cost of reimbursing federal  old-age,
 survivors  and  disability  insurance program premium charges under this
 section. This cost shall be included in the calculation  of  premium  or
 subscription  charges  for  health  coverage  provided  to employees and
 retired employees of  the  state,  public  authorities,  public  benefit
 corporations or other quasi-public organizations of the state; provided,
 however,  the  state, public authorities, public benefit corporations or
 other quasi-public organizations of the state shall remain obligated  to
 pay  no  less  than its share of such increased cost consistent with its
 share of premium or subscription charges provided for by  this  article.
 All  other  employer contributions to the health insurance fund shall be
 adjusted as necessary to provide for such payments.
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   § 2. This act shall take effect immediately and shall apply on January
 1, 2024 for the income related monthly adjustment amount incurred on  or
 after January 1, 2024.
 
                                  PART T
 
   Section  1.  Subdivision 2 of section 163 of the civil service law, as
 amended by section 6 of part S of chapter 57 of the  laws  of  2023,  is
 amended to read as follows:
   2.  The  contract  or  contracts shall provide for health benefits for
 retired employees of the state and of the state colleges of agriculture,
 home economics, industrial labor relations and veterinary medicine,  the
 state  agricultural experiment station at Geneva, and any other institu-
 tion or agency under the management and control of Cornell university as
 the representative of the board of trustees of the state  university  of
 New  York,  and  the  state college of ceramics under the management and
 control of Alfred university as the representative of the board of trus-
 tees of the state university of New York, and their spouses and  depend-
 ent  children  as  defined  by the regulations of the president, on such
 terms as the president may  deem  appropriate,  and  the  president  may
 authorize the inclusion in the plan of the employees and retired employ-
 ees   of   public   authorities,  public  benefit  corporations,  school
 districts, special districts, district  corporations,  municipal  corpo-
 rations  excluding  active  employees  and  retired  employees of cities
 having a population of one million or  more  inhabitants  whose  compen-
 sation  is  or  was  before retirement paid out of the city treasury, or
 other appropriate agencies, subdivisions or  quasi-public  organizations
 of  the  state, including active members of volunteer fire and volunteer
 ambulance companies serving one or more municipal corporations  pursuant
 to  subdivision  seven  of section ninety-two-a of the general municipal
 law, and their spouses and dependent children as defined  by  the  regu-
 lations  of  the president. Notwithstanding any law or regulation to the
 contrary, active members of volunteer ambulance companies serving one or
 more municipal corporations pursuant to  subdivision  seven  of  section
 ninety-two-a  of  the general municipal law shall be eligible for health
 benefits regardless of the amount of funds derived from public  sources.
 Any  such  corporation,  district,  agency  or  organization electing to
 participate in the plan shall be required to pay: (A) its  proportionate
 share  of the expenses of administration of the plan in such amounts and
 at such times as determined and fixed by the president; AND (B)  AT  THE
 PRESIDENT'S  DISCRETION,  IF  SUCH  AMOUNT  IS NOT PAID ON THE DATE DUE,
 INTEREST FOR SUCH LATE PAYMENT, AS DETERMINED AND FIXED BY THE PRESIDENT
 AND WHICH IN NO CASE SHALL BE GREATER THAN THE INTEREST INCURRED BY  THE
 HEALTH INSURANCE PLAN AS A RESULT OF SUCH LATE PAYMENT.  FOR ANY AMOUNTS
 PAST  DUE  AS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, INTEREST SHALL BE
 CALCULATED ON SUCH AMOUNTS COMMENCING THIRTY DAYS  AFTER  THE  EFFECTIVE
 DATE  OF THIS PARAGRAPH. All amounts payable for such expenses of admin-
 istration shall be paid to the commissioner of taxation and finance  and
 shall  be  applied to the reimbursement of funds previously advanced for
 such purposes.  Neither the state nor any other participant in the  plan
 shall  be  charged  with  the  particular experience attributable to the
 employees of the participant, and  all  dividends  or  retroactive  rate
 credits shall be distributed pro-rata based upon the number of employees
 of such participant covered by the plan.
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   § 2. Subdivision 5 of section 163 of the civil service law, as amended
 by  section 4 of part T of chapter 56 of the laws of 2010, is amended to
 read as follows:
   5.  The  chief fiscal officer of any such participating employer shall
 be authorized to deduct from the wages or salary paid to  its  employees
 who are participants in such health benefit plan the sums required to be
 paid  by  them  under  such  plan.  Each  such participating employer is
 authorized to appropriate such sums as are required to be paid by it  as
 its  share in connection with the operation of such plan.  NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW, TO THE EXTENT A  PARTICIPATING  EMPLOYER
 FAILS  TO  PAY  ITS SHARE IN CONNECTION WITH THE OPERATION OF SUCH PLAN,
 THE DIRECTOR OF THE BUDGET, AT THEIR DISCRETION, IS AUTHORIZED TO INTER-
 CEPT ANY  FUNDS  APPROPRIATED AND PAID BY THE  STATE,  AND  DIRECT  SUCH
 AMOUNTS TO THE HEALTH INSURANCE FUND.
   § 3. This act shall take effect immediately.
 
                                  PART U
 
   Section  1.  Section  239-bb of the general municipal law, as added by
 section 1 of part EE of chapter 55 of the laws of 2018, subdivision 8 as
 amended by chapter 717 of the laws of 2022, subdivisions  9  and  11  as
 amended  by chapter 294 of the laws of 2021, and subdivision 12 as added
 by chapter 773 of the laws of 2023, is amended to read as follows:
   § 239-bb. County-wide shared  services  panels.  1.  Definitions.  The
 following  terms  shall  have the following meanings for the purposes of
 this article:
   a. "County" shall mean any county not wholly contained within a city.
   b. "County CEO" shall mean the county  executive,  county  manager  or
 other  chief  executive  of the county, or, where none, the chair of the
 county legislative body.
   c. "Panel" shall mean a county-wide shared services panel  established
 pursuant to subdivision two of this section.
   d.  "Plan"  shall  mean  a  county-wide  shared  services property tax
 savings plan.
   2. County-wide shared services panels. a. There [shall] MAY be a coun-
 ty-wide shared services panel in each county consisting  of  the  county
 CEO,  and  one  representative  from  each city, town and village in the
 county. The chief executive officer of each town, city and village shall
 be the representative to a panel and shall be the mayor, if a city or  a
 village,  or  shall  be  the supervisor, if a town. The county CEO shall
 serve as chair. [All panels established in each county pursuant to  part
 BBB  of  chapter  fifty-nine  of the laws of two thousand seventeen, and
 prior to the enactment of this article, shall continue  in  satisfaction
 of this section in such form as they were established, provided that the
 county  CEO  may alter the membership of the panel consistent with para-
 graph b of this subdivision.]
   b. The county CEO may invite any school district, board of cooperative
 educational  services,  fire  district,  fire  protection  district,  or
 special  improvement  district  in the county to join a panel. Upon such
 invitation, the governing body of such school district, board of cooper-
 ative educational services, fire district, fire protection district,  or
 other  special district may accept such invitation by selecting a repre-
 sentative of such governing body, by majority vote, to serve as a member
 of the panel. [Such school district, board  of  cooperative  educational
 services,  fire  district,  fire  protection  district  or other special
 district shall maintain  such  representation  until  the  panel  either
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 approves  a  plan  or transmits a statement to the secretary of state on
 the reason the panel did not approve a plan, pursuant to paragraph d  of
 subdivision  seven  of this section. Upon approval of a plan or a trans-
 mission  of  a  statement to the secretary of state that a panel did not
 approve a plan in any calendar year, the county CEO may, but  need  not,
 invite  any  school district, board of cooperative educational services,
 fire district, fire protection district or special improvement  district
 in the county to join a panel thereafter convened.]
   3.  [a.]  Each county CEO [shall, after satisfying the requirements of
 part BBB of chapter fifty-nine of the laws of  two  thousand  seventeen,
 annually]  MAY  convene  the  panel  and [shall] undertake to revise and
 update a previously approved plan or alternatively develop  a  new  plan
 [through  December  thirty-first,  two  thousand twenty-one]. Such plans
 shall contain new, recurring property tax savings resulting from actions
 such as, but not limited to, the elimination  of  duplicative  services;
 shared services arrangements including, joint purchasing, shared highway
 equipment, shared storage facilities, shared plowing services and energy
 and insurance purchasing cooperatives; reducing back office and adminis-
 trative  overhead;  and  better  coordinating services. The secretary of
 state may provide advice and/or recommendations on the form  and  struc-
 ture of such plans.
   [b.  After having convened at least two meetings in a calendar year, a
 panel may, by majority vote, determine that it is not in the best inter-
 est of the taxpayers to revise and update a previously approved plan  or
 to  develop  a new plan in such year. The county CEO of such panel shall
 then comply with the provisions of paragraph (d) of subdivision seven of
 this section.
   4. While revising or updating a previously  approved  plan,  or  while
 developing  a new plan, the county CEO shall regularly consult with, and
 take recommendations from, the representatives: on the  panel;  of  each
 collective  bargaining  unit  of  the  county and the cities, towns, and
 villages; and of each collective bargaining unit  of  any  participating
 school   district,  board  of  cooperative  educational  services,  fire
 district, fire protection district, or special improvement district.
   5. The county CEO, the county  legislative  body  and  a  panel  shall
 accept input from the public, civic, business, labor and community lead-
 ers  on  any proposed plan. The county CEO shall cause to be conducted a
 minimum of three public hearings prior to submission of a plan to a vote
 of a panel. All such public hearings shall be conducted within the coun-
 ty, and public notice of all such hearings shall be  provided  at  least
 one  week  prior  in the manner prescribed in subdivision one of section
 one hundred four of the public officers law. Civic, business, labor, and
 community leaders, as well as members of the public, shall be  permitted
 to provide public testimony at any such hearings.
   6.  a. The county CEO shall submit each plan, accompanied by a certif-
 ication as to the accuracy of the  savings  contained  therein,  to  the
 county  legislative body at least forty-five days prior to a vote by the
 panel.
   b. The county legislative body shall review  and  consider  each  plan
 submitted in accordance with paragraph a of this subdivision. A majority
 of  the  members of such body may issue an advisory report on each plan,
 making recommendations as deemed necessary. The county CEO may modify  a
 plan  based  on  such  recommendations,  which  shall include an updated
 certification as to the accuracy of the savings contained therein.
   7. a. A panel shall duly consider any plan properly submitted  to  the
 panel  by the county CEO and may approve such plan by a majority vote of
 S. 8305--A                         64                         A. 8805--A

 the panel. Each member of a panel may, prior  to  the  panel-wide  vote,
 cause  to  be removed from a plan any proposed action affecting the unit
 of government represented by the respective member.  Written  notice  of
 such  removal  shall be provided to the county CEO prior to a panel-wide
 vote on a plan.
   b. Plans approved by a panel shall be transmitted to the secretary  of
 state  no  later  than  thirty days from the date of approval by a panel
 accompanied by a certification as to the accuracy of the savings  accom-
 panied  therein,  and shall be publicly disseminated to residents of the
 county in a concise, clear, and coherent manner using words with  common
 and everyday meaning.
   c.  The county CEO shall conduct a public presentation of any approved
 plan no later than thirty days from the date of  approval  by  a  panel.
 Public  notice  of such presentation shall be provided at least one week
 prior in the manner prescribed in subdivision one of section one hundred
 four of the public officers law.
   d. Beginning in two thousand twenty, by  January  fifteenth  following
 any calendar year during which a panel did not approve a plan and trans-
 mit  such plan to the secretary of state pursuant to paragraph b of this
 subdivision, the county CEO of such panel shall release  to  the  public
 and  transmit  to  the secretary of state a statement explaining why the
 panel did not approve a plan that year, including, for each  vote  on  a
 plan,  the  vote  taken  by each panel member and an explanation by each
 panel member of their vote.
   8. For each county, new shared services actions  in  an  approved  and
 submitted  plan  pursuant  to this section or part BBB of chapter fifty-
 nine of the laws of two thousand seventeen, may be eligible for  funding
 to  match  savings from such action, subject to available appropriation.
 Savings that are actually and demonstrably realized by the participating
 local governments are eligible for matching funding.   For actions  that
 are  part  of  an approved plan transmitted to the secretary of state in
 accordance with paragraph  b  of  subdivision  seven  of  this  section,
 savings achieved during either: (i) January first through December thir-
 ty-first  from new actions implemented on or after January first through
 December thirty-first of the year immediately following an approved  and
 transmitted  plan,  or (ii) July first of the year immediately following
 an approved and transmitted plan through June thirtieth  of  the  subse-
 quent  year  from  new  actions implemented July first of the year imme-
 diately following an approved plan through June thirtieth of the  subse-
 quent  year  may  be  eligible  for matching funding.   Only net savings
 between local governments for each action would be eligible for matching
 funding. Savings from internal efficiencies or any other action taken by
 a local government without the participation of another local government
 are not eligible for matching funding. Each county and all of the  local
 governments  within  the county that are part of any action to be imple-
 mented as part of an approved  plan  must  collectively  apply  for  the
 matching  funding  and agree on the distribution and use of any matching
 funding in order to qualify for matching funding.
   9. The department of state shall prepare a report to the governor, the
 temporary president of the senate and the speaker of the assembly on the
 county-wide shared services plans approved  by  the  county-wide  shared
 services  panels  created  pursuant to part BBB of chapter fifty-nine of
 the laws of two thousand seventeen and this article and shall  post  the
 report  on the department's website. Such report shall be provided on or
 before June thirtieth, two thousand twenty-five and shall  include,  but
 not be limited to, the following:
 S. 8305--A                         65                         A. 8805--A

   a.  a  detailed  summary  of  projects  included in county-wide shared
 services plans by category, such as:
   (1) public health and insurance;
   (2) emergency services;
   (3) sewer, water, and waste management systems;
   (4) energy procurement and efficiency;
   (5) parks and recreation;
   (6) education and workforce training;
   (7) law and courts;
   (8) shared equipment, personnel, and services;
   (9) joint purchasing;
   (10) governmental reorganization;
   (11) transportation and highway departments; and
   (12) records management and administrative functions.
   b. for each of the counties the following information:
   (1)  a  detailed  summary  of  each  of  the  savings plans, including
 revisions and updates submitted each year or  the  statement  explaining
 why the county did not approve a plan in any year;
   (2) the anticipated savings for each plan;
   (3) the number of cities, towns and villages in the county;
   (4)  the  number  of cities, towns and villages that participated in a
 panel, as reported in a plan;
   (5) the number of school districts, boards of cooperative  educational
 services,  fire  districts,  fire protection districts, or other special
 districts in the county; and
   (6) the number of school districts, boards of cooperative  educational
 services,  fire  districts,  fire protection districts, or other special
 districts that participated in a panel, as reported in a plan.
   10. The secretary of state may solicit, and the panels may provide  at
 her  or  his  request,  advice  and  recommendations  concerning matters
 related to the operations  of  local  governments  and  shared  services
 initiatives,  including,  but  not  limited  to,  making recommendations
 regarding grant proposals incorporating  elements  of  shared  services,
 government dissolutions, government and service consolidations, or prop-
 erty  taxes and such other grants where the secretary deems the input of
 the panels to be in the best interest of the  public.  The  panel  shall
 advance  such advice or recommendations by a vote of the majority of the
 members present at such meeting.
   11. The authority granted by this article to a county CEO to convene a
 panel for the purpose of revising  or  updating  a  previously  approved
 plan,  or  developing  a  new plan, or to provide the secretary of state
 information pursuant to subdivision ten of this section, shall cease  on
 December thirty-first, two thousand twenty-four.
   12. Notwithstanding any other provision of law to the contrary, monies
 constituting  the  funds  of the village incorporation commission estab-
 lished pursuant to section 2-259 of the village law shall  be  deposited
 with  the  state  comptroller  and  held for the purposes of the village
 incorporation commission established in article two of the village  law;
 provided,  however, that such monies shall be derived from the appropri-
 ation dedicated to the matching funds program  pursuant  to  subdivision
 eight  of  this section and provided further, that such funding for such
 entity shall not be subject to the requirements of subdivision eight  of
 this section related to savings.]
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024.
 S. 8305--A                         66                         A. 8805--A
 
                                  PART V
 
 Section  1.  Subdivision  1 of section 2799-gg of the public authorities
 law, as amended by chapter 182 of the laws of 2009, is amended  to  read
 as follows:
   1.  The  authority  shall have the power and is hereby authorized from
 time to time to issue bonds, in conformity with applicable provisions of
 the uniform commercial code, in such principal amounts as it may  deter-
 mine  to  be  necessary pursuant to section twenty-seven hundred ninety-
 nine-ff of this title to pay  the  cost  of  any  project  and  to  fund
 reserves   to  secure  such  bonds,  including  incidental  expenses  in
 connection therewith.
   The aggregate principal amount of such bonds,  notes  or  other  obli-
 gations  outstanding  shall  not  exceed [thirteen billion, five hundred
 million dollars ($13,500,000,000)], BEGINNING JULY FIRST,  TWO  THOUSAND
 TWENTY-FOUR,      NINETEEN   BILLION   FIVE   HUNDRED   MILLION  DOLLARS
 ($19,500,000,000), AND BEGINNING JULY FIRST, TWO  THOUSAND  TWENTY-FIVE,
 TWENTY-FIVE  BILLION  FIVE  HUNDRED  MILLION  DOLLARS ($25,500,000,000),
 excluding bonds, notes or other obligations issued pursuant to  sections
 twenty-seven  hundred  ninety-nine-ss  and  twenty-seven hundred ninety-
 nine-tt of this title; provided, however, that  upon  any  refunding  or
 repayment of bonds (which term shall not, for this purpose, include bond
 anticipation notes), the total aggregate principal amount of outstanding
 bonds, notes or other obligations may be greater than [thirteen billion,
 five  hundred  million dollars ($13,500,000,000)], BEGINNING JULY FIRST,
 TWO THOUSAND TWENTY-FOUR, NINETEEN BILLION FIVE HUNDRED MILLION  DOLLARS
 ($19,500,000,000),  AND  BEGINNING JULY FIRST, TWO THOUSAND TWENTY-FIVE,
 TWENTY-FIVE BILLION FIVE HUNDRED MILLION DOLLARS ($25,500,000,000), only
 if the refunding or repayment bonds, notes  or  other  obligations  were
 issued in accordance with the provisions of subparagraph (a) of subdivi-
 sion  two  of  paragraph b of section 90.10 of the local finance law, as
 amended from time to time. Notwithstanding the foregoing,  bonds,  notes
 or  other  obligations  issued by the authority may be outstanding in an
 amount greater than the amount  permitted  by  the  preceding  sentence,
 provided  that  such  additional  amount  at issuance, together with the
 amount of indebtedness contracted by the city of  New  York,  shall  not
 exceed  the limit prescribed by section 104.00 of the local finance law.
 The authority shall have the power from time to time to refund any bonds
 of the authority by the issuance of new bonds whether the  bonds  to  be
 refunded  have or have not matured, and may issue bonds partly to refund
 bonds of the authority then outstanding and partly to pay  the  cost  of
 any  project  pursuant to section twenty-seven hundred ninety-nine-ff of
 this title. Bonds issued by the authority shall be payable solely out of
 particular revenues or other moneys of the authority as  may  be  desig-
 nated in the proceedings of the authority under which the bonds shall be
 authorized  to be issued, subject to any agreements entered into between
 the authority and the city, and subject to any agreements with the hold-
 ers of outstanding bonds pledging any particular revenues or moneys.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART W
 
   Section  1.  Paragraphs  t, u and v of subdivision 10 of section 54 of
 the state finance law, paragraph v as relettered by section 3 of part  K
 S. 8305--A                         67                         A. 8805--A
 
 of  chapter 55 of the laws of 2013, are relettered paragraphs u, v and w
 and a new paragraph t is added to read as follows:
   T.  LOCAL  GOVERNMENT  EFFICIENCY GRANT PROGRAM BEGINNING IN THE STATE
 FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND  TWENTY-FOUR.  (I)  (1)
 FOR  THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN A COUNTY,
 CITY, TOWN, VILLAGE, SPECIAL IMPROVEMENT DISTRICT, FIRE DISTRICT, PUBLIC
 LIBRARY, ASSOCIATION LIBRARY, OR PUBLIC LIBRARY  SYSTEM  AS  DEFINED  BY
 SECTION TWO HUNDRED SEVENTY-TWO OF THE EDUCATION LAW; PROVIDED, HOWEVER,
 THAT  FOR THE PURPOSES OF THIS DEFINITION, A PUBLIC LIBRARY SYSTEM SHALL
 BE CONSIDERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH PUBLIC LIBRARY
 SYSTEM ADVANCES A JOINT APPLICATION ON BEHALF OF ITS  MEMBER  LIBRARIES,
 WATER  AUTHORITY,  SEWER  AUTHORITY,  REGIONAL  PLANNING AND DEVELOPMENT
 BOARD, SCHOOL DISTRICT, OR BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES;
 PROVIDED,  HOWEVER, THAT FOR THE PURPOSES OF THIS DEFINITION, A BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSIDERED A MUNICIPALITY ONLY
 IN INSTANCES  WHERE  SUCH  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
 ADVANCES  A  JOINT  APPLICATION  ON BEHALF OF SCHOOL DISTRICTS AND OTHER
 MUNICIPALITIES WITHIN THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
 REGION;  PROVIDED,  HOWEVER, THAT ANY AGREEMENTS WITH A BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES: SHALL NOT  GENERATE  ADDITIONAL  STATE  AID;
 SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPITAL AND ADMINISTRA-
 TIVE  BUDGETS  OF  THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE
 PURPOSES OF COMPUTING CHARGES UPON COMPONENT SCHOOL  DISTRICTS  PURSUANT
 TO  SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARAGRAPH B OF SUBDIVISION
 FOUR OF SECTION NINETEEN HUNDRED FIFTY, AND SUBDIVISION ONE  OF  SECTION
 NINETEEN  HUNDRED FIFTY-ONE OF THE EDUCATION LAW; AND SHALL BE DEEMED TO
 BE A COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES OF SUBPARAGRAPH  TWO  OF
 PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THE
 EDUCATION LAW.
   (2)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, "FUNCTIONAL CONSOLIDATION"
 SHALL MEAN ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE  OR  FUNCTION
 FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
 TION.
   (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
 STATE  MAY  AWARD  COMPETITIVE  GRANTS  TO MUNICIPALITIES TO COVER COSTS
 ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
 LIMITED TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL  CONSOLIDATION
 OR  DISSOLUTION,  A  FUNCTIONAL  CONSOLIDATION, A CITY OR COUNTY CHARTER
 REVISION THAT INCLUDES FUNCTIONAL CONSOLIDATION, SHARED  OR  COOPERATIVE
 SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
 SUCH  LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW OPPORTU-
 NITIES FOR FINANCIAL SAVINGS  AND  OPERATIONAL  EFFICIENCIES;  PROVIDED,
 FURTHER,  THAT  ELIGIBLE  LOCAL GOVERNMENT EFFICIENCY PROJECTS SHALL NOT
 INCLUDE STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION  ELIGI-
 BLE  TO  RECEIVE A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
 GRANT PURSUANT TO PARAGRAPH Q OF  THIS  SUBDIVISION.  THE  SECRETARY  OF
 STATE  MAY  FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL AREAS, WITHIN
 DISTRESSED COMMUNITIES AND AREAS OF HISTORICALLY HIGH  LOCAL  GOVERNMENT
 COSTS  AND  PROPERTY  TAXES, OR IN AREAS OF UNIQUE OPPORTUNITY, IN WHICH
 CASE SUCH AREAS OF FOCUS SHALL BE DETAILED IN  A  REQUEST  FOR  APPLICA-
 TIONS.
   (III)  ANY  APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL
 SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
 ING FROM PROJECT IMPLEMENTATION.
   (IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE  USED  TO  COVER  COSTS
 INCLUDING,  BUT  NOT  LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL
 S. 8305--A                         68                         A. 8805--A
 
 IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY  EXPENSES
 RELATED  TO  IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT
 WORK PLAN. GRANTS MAY BE USED  FOR  CAPITAL  IMPROVEMENTS,  TRANSITIONAL
 PERSONNEL  COSTS  OR  JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES
 ARE INTEGRAL  TO  IMPLEMENTATION  OF  THE  LOCAL  GOVERNMENT  EFFICIENCY
 PROJECT.  NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR-
 RING  EXPENSES  SUCH  AS  SALARIES,  EXCEPT THAT THE SALARIES OF CERTAIN
 TRANSITIONAL PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE  APPROVED
 LOCAL  GOVERNMENT  EFFICIENCY  GRANT  WORK  PLAN SHALL BE ELIGIBLE FOR A
 PERIOD NOT TO EXCEED THREE  YEARS.  THE  AMOUNTS  AWARDED  TO  A  SCHOOL
 DISTRICT  PURSUANT  TO  THIS  SUBPARAGRAPH  SHALL NOT BE INCLUDED IN THE
 APPROVED OPERATING EXPENSE OF THE SCHOOL DISTRICT AS  DEFINED  IN  PARA-
 GRAPH  T  OF  SUBDIVISION  ONE  OF SECTION THIRTY-SIX HUNDRED TWO OF THE
 EDUCATION LAW.
   (V) THE MAXIMUM CUMULATIVE GRANT AWARD FOR A  LOCAL  GOVERNMENT  EFFI-
 CIENCY  PROJECT  SHALL NOT EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS PER
 MUNICIPALITY; PROVIDED, HOWEVER, THAT IN NO CASE SHALL  SUCH  A  PROJECT
 RECEIVE  A  CUMULATIVE  GRANT AWARD IN EXCESS OF ONE MILLION TWO HUNDRED
 FIFTY THOUSAND DOLLARS. THE MAXIMUM GRANT AWARD FOR A  LOCAL  GOVERNMENT
 EFFICIENCY PLANNING PROJECT, OR THE PLANNING COMPONENT OF A PROJECT THAT
 INCLUDES  BOTH  PLANNING  AND IMPLEMENTATION OF A LOCAL GOVERNMENT EFFI-
 CIENCY PROJECT, SHALL NOT EXCEED TWENTY  THOUSAND  DOLLARS  PER  MUNICI-
 PALITY;  PROVIDED,  HOWEVER,  THAT  IN  NO  EVENT  SHALL SUCH A PLANNING
 PROJECT RECEIVE A GRANT AWARD IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
   (VI) LOCAL MATCHING FUNDS EQUAL TO AT LEAST FIFTY PERCENT OF THE TOTAL
 COST OF ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE  DEPARTMENT
 OF STATE SHALL BE REQUIRED FOR PLANNING GRANTS, AND LOCAL MATCHING FUNDS
 EQUAL  TO AT LEAST TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER THE
 GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE  SHALL  BE  REQUIRED
 FOR  IMPLEMENTATION  GRANTS. IN THE EVENT AN APPLICANT IS IMPLEMENTING A
 PROJECT THAT THE APPLICANT DEVELOPED THROUGH  A  SUCCESSFULLY  COMPLETED
 PLANNING  GRANT  FUNDED  UNDER  THE  LOCAL  GOVERNMENT  EFFICIENCY GRANT
 PROGRAM OR THE SHARED MUNICIPAL SERVICES INCENTIVE  GRANT  PROGRAM,  THE
 LOCAL  MATCHING  FUNDS  REQUIRED  SHALL BE REDUCED BY THE LOCAL MATCHING
 FUNDS REQUIRED BY SUCH SUCCESSFULLY COMPLETED PLANNING GRANT UP  TO  THE
 AMOUNT OF LOCAL MATCHING FUNDS REQUIRED FOR THE IMPLEMENTATION GRANT.
   (VII)  IN  THE SELECTION OF GRANT AWARDS, THE SECRETARY OF STATE SHALL
 GIVE THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN  THE
 DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
 THE  COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3) BY
 LOCAL GOVERNMENTS WITH HISTORICALLY HIGH COSTS OF  LOCAL  GOVERNMENT  OR
 SUSTAINED  INCREASES  IN  PROPERTY TAXES. PRIORITY WILL ALSO BE GIVEN TO
 MUNICIPALITIES THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT  PURSUANT
 TO  THIS  PROGRAM  OR  THE  SHARED  MUNICIPAL  SERVICES  INCENTIVE GRANT
 PROGRAM, AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL  DEVEL-
 OPMENT  PROJECTS  THAT  HAVE  RECEIVED FUNDS THROUGH STATE COMMUNITY AND
 INFRASTRUCTURE DEVELOPMENT PROGRAMS.
   (VIII) WITHIN ONE WEEK OF THE RECEIPT OF AN APPLICATION,  THE  DEPART-
 MENT  OF  STATE SHALL REVIEW THE APPLICATION TO ENSURE THE APPLICANT HAS
 FILED THE CORRECT APPLICATION, AND TO DETERMINE IF ANY REQUIRED SECTIONS
 OF THE APPLICATION CONTAIN NO INFORMATION. WITHIN ONE  BUSINESS  DAY  OF
 DETERMINING  AN  APPLICANT HAS FILED AN INCORRECT APPLICATION, OR DETER-
 MINING AN APPLICATION CONTAINS NO INFORMATION IN A SECTION  REQUIRED  TO
 CONTAIN  INFORMATION,  THE  DEPARTMENT  SHALL  SO  NOTIFY THE APPLICANT.
 APPLICANTS SHALL BE PERMITTED TO AMEND AN APPLICATION FOUND TO BE  MISS-
 ING INFORMATION, AND SUCH APPLICATION SHALL BE RECONSIDERED FOR APPROVAL
 S. 8305--A                         69                         A. 8805--A
 
 IF  IT  IS  AMENDED  BY  THE  APPLICATION  DEADLINE. IF AN APPLICANT HAS
 SUBMITTED AN INCORRECT APPLICATION, THE APPLICANT MAY SUBMIT THE CORRECT
 APPLICATION TO THE APPROPRIATE PROGRAM BY THE DEADLINE FOR SUCH  PROGRAM
 FOR  CONSIDERATION.  UNDER  NO  CIRCUMSTANCES SHALL THIS SUBPARAGRAPH BE
 DEEMED TO REQUIRE THE EXTENSION OF ANY APPLICATION DEADLINE  ESTABLISHED
 BY  THE  DEPARTMENT,  NOR  SHALL IT OBLIGATE THE DEPARTMENT TO CONDUCT A
 SUBSTANTIVE REVIEW OF THE CONTENTS OF ANY  APPLICATION  OUTSIDE  OF  THE
 PROCEDURES ESTABLISHED BY THE DEPARTMENT FOR THE PURPOSES OF MAINTAINING
 THE COMPETITIVE INTEGRITY OF THE GRANT PROGRAM.
   (IX)  WRITTEN  NOTICE  SHALL BE PROVIDED TO AN APPLICANT OF A DECISION
 REGARDING THE GRANT OR DENIAL OF AN AWARD UNDER THIS  PARAGRAPH,  WITHIN
 THIRTY DAYS AFTER SUCH DECISION.
   (X)  THE  DEPARTMENT  OF  STATE  SHALL PREPARE AN ANNUAL REPORT TO THE
 GOVERNOR AND THE LEGISLATURE ON THE EFFECTIVENESS OF THE  LOCAL  GOVERN-
 MENT  EFFICIENCY  GRANT PROGRAM AND THE LOCAL GOVERNMENT CITIZENS RE-OR-
 GANIZATION EMPOWERMENT GRANT PROGRAM. SUCH REPORT SHALL BE  PROVIDED  ON
 OR  BEFORE  OCTOBER  FIRST  OF  EACH  YEAR AND SHALL INCLUDE, BUT NOT BE
 LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
 GRANT CATEGORY, AN ASSESSMENT OF PROGRESS  IN  IMPLEMENTING  INITIATIVES
 THAT  RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND SIGNIF-
 ICANT IMPROVEMENTS IN  SERVICE  REALIZED  BY  MUNICIPALITIES  THAT  HAVE
 RECEIVED GRANTS.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART X
 
   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. 8305--A                         70                         A. 8805--A
 
   24. New York state thruway authority account (21905).
   25. Financial control board account (21911).
   26. Regulation of racing account (21912).
   27. State university dormitory income reimbursable account (21937).
   28. Criminal justice improvement account (21945).
   29. Environmental laboratory reference fee account (21959).
   30. Training, management and evaluation account (21961).
   31. Clinical laboratory reference system assessment account (21962).
   32. Indirect cost recovery account (21978).
   33. Multi-agency training account (21989).
   34. Bell jar collection account (22003).
   35. Industry and utility service account (22004).
   36. Real property disposition account (22006).
   37. Parking account (22007).
   38. Courts special grants (22008).
   39. Asbestos safety training program account (22009).
   40. Batavia school for the blind account (22032).
   41. Investment services account (22034).
   42. Surplus property account (22036).
   43. Financial oversight account (22039).
   44. Regulation of Indian gaming account (22046).
   45. Rome school for the deaf account (22053).
   46. Seized assets account (22054).
   47. Administrative adjudication account (22055).
   48. New York City assessment account (22062).
   49. Cultural education account (22063).
   50. Local services account (22078).
   51. DHCR mortgage servicing account (22085).
   52. Housing indirect cost recovery account (22090).
   53. Voting Machine Examinations account (22099).
   54. DHCR-HCA application fee account (22100).
   55. Low income housing monitoring account (22130).
   56. Restitution account (22134).
   57. Corporation administration account (22135).
   58.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
 account (22144).
   59. Deferred compensation administration account (22151).
   60. Rent revenue other New York City account (22156).
   61. Rent revenue account (22158).
   62. Transportation aviation account (22165).
   63. Tax revenue arrearage account (22168).
   64. New York State Campaign Finance Fund account (22211).
   65. New York state medical indemnity fund account (22240).
   66. Behavioral health parity compliance fund (22246).
   67. Pharmacy benefit manager regulatory fund (22255).
   68. State university general income offset account (22654).
   69. Lake George park trust fund account (22751).
   70. Highway safety program account (23001).
   71. DOH drinking water program account (23102).
   72. NYCCC operating offset account (23151).
   73. Commercial gaming revenue account (23701).
   74. Commercial gaming regulation account (23702).
   75. Highway use tax administration account (23801).
   76. New York state secure choice administrative account (23806).
   77. New York state cannabis revenue fund (24800).
   78. Fantasy sports administration account (24951).
 S. 8305--A                         71                         A. 8805--A
 
   79. Mobile sports wagering fund (24955).
   80. Highway and bridge capital account (30051).
   81. State university residence hall rehabilitation fund (30100).
   82. State parks infrastructure account (30351).
   83. Clean water/clean air implementation fund (30500).
   84. Hazardous waste remedial cleanup account (31506).
   85. Youth facilities improvement account (31701).
   86. Housing assistance fund (31800).
   87. Housing program fund (31850).
   88. Highway facility purpose account (31951).
   89. New York racing account (32213).
   90. Capital miscellaneous gifts account (32214).
   91. Information technology capital financing account (32215).
   92.  New  York  environmental protection and spill remediation account
 (32219).
   93. Mental hygiene facilities capital improvement fund (32300).
   94. Correctional facilities capital improvement fund (32350).
   95. New York State Storm Recovery Capital Fund (33000).
   96. OGS convention center account (50318).
   97. Empire Plaza Gift Shop (50327).
   98. Unemployment Insurance Benefit Fund, Interest  Assessment  Account
 (50651).
   99. Centralized services fund (55000).
   100. Archives records management account (55052).
   101. Federal single audit account (55053).
   102. Civil service administration account (55055).
   103. Civil service EHS occupational health program account (55056).
   104. Banking services account (55057).
   105. Cultural resources survey account (55058).
   106. Neighborhood work project account (55059).
   107. Automation & printing chargeback account (55060).
   108. OFT NYT account (55061).
   109. Data center account (55062).
   110. Intrusion detection account (55066).
   111. Domestic violence grant account (55067).
   112. Centralized technology services account (55069).
   113. Labor contact center account (55071).
   114. Human services contact center account (55072).
   115. Tax contact center account (55073).
   116. Department of law civil recoveries account (55074).
   117. Executive direction internal audit account (55251).
   118. CIO Information technology centralized services account (55252).
   119. Health insurance internal service account (55300).
   120.  Civil  service employee benefits division administrative account
 (55301).
   121. Correctional industries revolving fund (55350).
   122. Employees health insurance account (60201).
   123. Medicaid management information system escrow fund (60900).
   124. Virtual currency assessments account.
   125. Animal shelter regulation account.
   126.  Department  of  financial  services  IT  modernization   capital
 account.
   §  2.  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
 S. 8305--A                         72                         A. 8805--A
 
 sufficient  federal grant award authority is available to reimburse such
 loans:
   1. Federal USDA-food and nutrition services fund (25000).
   2. Federal health and human services fund (25100).
   3. Federal education fund (25200).
   4. Federal block grant fund (25250).
   5. Federal miscellaneous operating grants fund (25300).
   6. Federal unemployment insurance administration fund (25900).
   7. Federal unemployment insurance occupational training fund (25950).
   8. Federal emergency employment act fund (26000).
   9. Federal capital projects fund (31350).
   §  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, upon request of the director of the budget, on
 or before March 31, 2025, up to the unencumbered balance or the  follow-
 ing amounts:
   Economic Development and Public Authorities:
   1. $2,175,000 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.  $19,810,000  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.  $2,792,000,000  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. $1,096,000,000 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. $121,600,000 from the general fund to the New York state commercial
 gaming fund, commercial gaming revenue account (23701), as reimbursement
 for disbursements made from such fund for supplemental aid to  education
 pursuant  to section 97-nnnn of the state finance law that are in excess
 of the amounts deposited in such fund for purposes pursuant  to  section
 1352 of the racing, pari-mutuel wagering and breeding law.
   4.  $995,000,000  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. $25,000,000 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,
 2025  from  the  charitable  gifts  trust fund, elementary and secondary
 S. 8305--A                         73                         A. 8805--A
 
 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.
   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. $79,100,000 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, 2024 through March 31,
 2025.
   13. $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).
   14. $4,200,000 from any of the state  education  department's  special
 revenue or internal service funds to the capital projects fund (30000).
   15.  $30,013,000  from  the  general fund to the miscellaneous special
 revenue fund, HESC-insurance premium payments account (21960).
   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.
 S. 8305--A                         74                         A. 8805--A
 
   8.  $1,800,000  from  the  miscellaneous  special revenue fund, public
 service account (22011) to the miscellaneous special revenue fund, util-
 ity environmental regulatory account (21064).
   9. $7,000,000 from the general fund to the enterprise fund, state fair
 account (50051).
   10. $10,000,000 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. $10,000,000 from the general fund  to  the  miscellaneous  special
 revenue fund, patron services account (22163).
   13.  $15,000,000 from the enterprise fund, golf account (50332) to the
 state  park  infrastructure  fund,  state  park  infrastructure  account
 (30351).
   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. $205,000,000 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. $5,000,000 from the general  fund  to  the  housing  program  fund
 (31850).
   12. $10,000,000 from any of the office of children and family services
 special  revenue federal funds to the office of the court administration
 special revenue other federal iv-e funds account.
   General Government:
 S. 8305--A                         75                         A. 8805--A
 
   1. $9,000,000 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.
   6.  $19,000,000  from  the miscellaneous special revenue fund, revenue
 arrearage account (22024), to the general fund.
   7. $3,326,000 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.  $33,000,000  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 New York State cannabis revenue fund  (24800)
 to the general fund.
   16.  A  transfer  from  the  general fund to the miscellaneous special
 revenue fund, New York State Campaign Finance Fund Account  (22211),  up
 to an amount equal to total reimbursements due to qualified candidates.
   17.  $6,000,000 from the miscellaneous special revenue fund, standards
 and purchasing account (22019), to the general fund.
   18. $5,600,000  from  the  banking  department  special  revenue  fund
 (21970) funded by the assessment to defray operating expenses authorized
 by  section  206  of  the financial services law to the IT Modernization
 Capital Fund.
   19. $8,400,000 from the  insurance  department  special  revenue  fund
 (21994) funded by the assessment to defray operating expenses authorized
 by  section  206  of  the financial services law to the IT Modernization
 Capital Fund.
   20. $500,000 from the pharmacy benefits bureau  special  revenue  fund
 (22255) funded by the assessment to defray operating expenses authorized
 by  section  206  of the financial services law, to the IT Modernization
 Capital Fund.
   21. $500,000 from the virtual currency special  revenue  fund  (22262)
 funded  by  the  assessment  to  defray operating expenses authorized by
 section 206 of the financial services law, to the IT Modernization Capi-
 tal Fund.
   Health:
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   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. $3,600,000 from the miscellaneous special revenue fund, certificate
 of  need  account  (21920),  to the miscellaneous capital projects fund,
 healthcare IT capital subfund (32216).
   5. $4,000,000 from  the  miscellaneous  special  revenue  fund,  vital
 health  records  account  (22103), to the miscellaneous capital projects
 fund, healthcare IT capital subfund (32216).
   6. $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).
   7. $131,000,000 from the HCRA resources fund (20800)  to  the  capital
 projects fund (30000).
   8.  $6,550,000  from  the  general  fund to the medical cannabis trust
 fund, health operation and oversight account (23755).
   9. 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.
   10.  $500,000  from  the  miscellaneous special revenue fund, New York
 State cannabis revenue fund (24800), to the miscellaneous special reven-
 ue fund, environmental laboratory fee account (21959).
   11. An amount up to the unencumbered balance from  the  public  health
 emergency  charitable gifts trust fund (23816), 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.
   12.  $1,000,000,000 from the general fund to the health care transfor-
 mation fund (24850).
   13. $2,590,000 from the miscellaneous special  revenue  fund,  patient
 safety center account (22140), to the general fund.
   14.  $1,000,000  from  the miscellaneous special revenue fund, nursing
 home receivership account (21925), to the general fund.
   15. $130,000 from the miscellaneous special revenue fund,  quality  of
 care account (21915), to the general fund.
   16. $2,200,000 from the miscellaneous special revenue fund, adult home
 quality enhancement account (22091), to the general fund.
   17.  $22,113,000  from  the general fund, to the miscellaneous special
 revenue fund, helen hayes hospital account (22140).
   18. $4,850,000 from the general fund,  to  the  miscellaneous  special
 revenue fund, New York city veterans' home account (22141).
   19.  $3,675,000  from  the  general fund, to the miscellaneous special
 revenue fund, New York state home for veterans' and their dependents  at
 oxford account (22142).
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   20.  $2,055,000  from  the  general fund, to the miscellaneous special
 revenue fund, western New York veterans' home account (22143).
   21.  $6,451,000  from  the  general fund, to the miscellaneous special
 revenue fund, New York state for veterans  in  the  lower-hudson  valley
 account (22144).
   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
 (32200).
   4.  $20,000,000  from  the miscellaneous capital projects fund, opioid
 settlement  capital  account  (32200)  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.  $23,773,000  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.  $138,272,000  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
 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).
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   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. $38,938,000 from the general fund  to  the  miscellaneous  special
 revenue fund, criminal justice improvement account (21945).
   14.  $6,000,000  from  the  general  fund to the miscellaneous special
 revenue fund, hazard mitigation revolving loan account.
   15. $234,000,000 from the indigent legal services fund, indigent legal
 services account (23551) to the general fund.
   Transportation:
   1. $20,000,000 from the general fund to the mass transportation  oper-
 ating  assistance  fund, public transportation systems operating assist-
 ance account (21401), of which $12,000,000 constitutes the base need for
 operations.
   2. $727,500,000 from the general fund to  the  dedicated  highway  and
 bridge trust fund (30050).
   3.  $244,250,000 from the general fund to the MTA financial assistance
 fund, mobility tax trust account (23651).
   4. $5,000,000 from the miscellaneous special revenue fund, transporta-
 tion regulation account (22067) to  the  dedicated  highway  and  bridge
 trust  fund  (30050),  for  disbursements  made from such fund for motor
 carrier safety that are in excess of the amounts deposited in the  dedi-
 cated highway and bridge trust fund (30050) for such purpose pursuant to
 section 94 of the transportation law.
   5. $477,000 from the miscellaneous special revenue fund, traffic adju-
 dication 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. $500,000,000 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. $3,650,000,000 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.
   7. $1,000,000,000 from the general fund to the hazardous  waste  over-
 sight and assistance account (31505), State parks infrastructure account
 (30351),  environmental  protection  fund  transfer account (30451), the
 correctional  facilities  capital  improvement  fund  (32350),   housing
 program  fund (31850), or the Mental hygiene facilities capital improve-
 ment fund (32300), up to an amount equal to certain outstanding accounts
 receivable balances.
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   § 4. 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, 2025:
   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 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).
   4.  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.
   5. 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).
   6. 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).
   § 5. On or before March 31, 2025, 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.
   § 6. Notwithstanding any law to the contrary, and in  accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget and
 upon  consultation  with  the  state university chancellor or his or her
 designee, on or before March 31, 2025, 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, 2025, 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.
 S. 8305--A                         80                         A. 8805--A
 
   § 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, 2025.
   §  8a. 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,  a
 total of up to $100,000,000 from the general fund to the state universi-
 ty  income fund, state university general revenue offset account (22655)
 and/or the state university  income  fund,  state  university  hospitals
 income  reimbursable  account  (22656)  during  the  period July 1, 2024
 through June 30, 2025 to pay costs attributable to the state  university
 health  science  center  at  Brooklyn and/or the state university of New
 York hospital at Brooklyn, respectively, pursuant  to  a  transformation
 plan approved by the director of the budget.
   §  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 $1,318,326,500 from the general fund to the state  university  income
 fund, state university general revenue offset account (22655) during the
 period  of  July  1, 2024 through June 30, 2025 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  $103,000,000  from  the  general fund to the state university income
 fund, state university general revenue offset account (22655) during the
 period of April 1, 2024 through June 30, 2024 to support  operations  at
 the state university.
   §  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 $49,600,000 from the general fund  to  the  state  university  income
 fund, state university general revenue offset account (22655) during the
 period  of  July  1,  2024  to  June 30, 2025 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.
   §  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 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, 2024 to June 30, 2025 to fully fund the tuition credit
 pursuant  to  subdivision two of section six hundred sixty-nine-h of the
 education law.
   § 13. 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, 2025.
 S. 8305--A                         81                         A. 8805--A
 
   § 14. Notwithstanding any law to the contrary, and in accordance  with
 section  4 of the state finance law, the comptroller, after consultation
 with the state university chancellor or his or her designee,  is  hereby
 authorized  and directed to transfer moneys, in the first instance, from
 the  state  university  collection fund, Stony Brook hospital collection
 account (61006), Brooklyn hospital collection account (61007), and Syra-
 cuse hospital collection account (61008) to the state university  income
 fund,  state university hospitals income reimbursable account (22656) in
 the event insufficient funds  are  available  in  the  state  university
 income  fund,  state  university  hospitals  income reimbursable account
 (22656) to permit the full transfer of moneys authorized  for  transfer,
 to  the  general  fund  for  payment of debt service related to the SUNY
 hospitals. Notwithstanding any law to the contrary, the  comptroller  is
 also  hereby  authorized and directed, after consultation with the state
 university chancellor or his or her designee, to  transfer  moneys  from
 the  state  university  income fund to the state university income fund,
 state university hospitals income reimbursable account  (22656)  in  the
 event  insufficient  funds  are available in the state university income
 fund, state university hospitals income reimbursable account (22656)  to
 pay  hospital  operating  costs or to permit the full transfer of moneys
 authorized for transfer, to the general fund for payment of debt service
 related to the SUNY hospitals on or before March 31, 2025.
   § 15. 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.
   § 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 $1 billion from the unencumbered balance of  any  special  revenue
 fund  or  account,  agency  fund  or  account,  internal service fund or
 account, enterprise fund or account, or any combination  of  such  funds
 and  accounts,  to the general fund. The amounts transferred pursuant to
 this authorization shall be in addition to any other transfers expressly
 authorized in the 2024-25 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.
   § 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 $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
 S. 8305--A                         82                         A. 8805--A
 
 this  authorization  shall  be  equal to or less than the amount of such
 monies intended  to  support  information  technology  costs  which  are
 attributable,  according to a plan, to such account made in pursuance to
 an  appropriation  by law. Transfers to the technology financing account
 shall be completed  from  amounts  collected  by  non-general  funds  or
 accounts  pursuant  to a fund deposit schedule or permanent statute, and
 shall be transferred to the technology financing account pursuant  to  a
 schedule agreed upon by the affected agency commissioner. Transfers from
 funds  that would result in the loss of eligibility for federal benefits
 or federal funds pursuant to federal law, rule, or regulation as assent-
 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
 1951 are not permitted pursuant to this authorization.
   §  18. 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.
   §  19. 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, 2024, the proceeds of which will be utilized to
 support energy-related state activities.
   § 20. 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 to transfer to the state treasury to the cred-
 it  of  the  general  fund  up  to $25,000,000 for the state fiscal year
 commencing April 1, 2024, the proceeds of  which  will  be  utilized  to
 support  programs established or implemented by or within the department
 of labor, including but not limited to the office of just energy transi-
 tion and programs for workforce  training  and  retraining,  to  prepare
 workers for employment for work in the renewable energy field.
   §  21. 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, 2025.
   § 22. 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, 2025 from
 proceeds collected by the authority from the auction or sale  of  carbon
 dioxide emission allowances allocated by the department of environmental
 conservation.
 S. 8305--A                         83                         A. 8805--A
 
   §  23.  Subdivision  5  of section 97-rrr of the state finance law, as
 amended by section 21 of part PP of chapter 56 of the laws of  2023,  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-three] TWENTY-FOUR, 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
 [$1,716,913,000]  $1,575,393,000 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-three] TWENTY-FOUR.
   §  24.  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, 2025, 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. $1,537,000 from the miscellaneous special revenue fund, helen hayes
 hospital account (22140).
   3. $474,000 from the miscellaneous special revenue fund, New York city
 veterans' home account (22141).
   4.  $593,000  from  the  miscellaneous  special revenue fund, New York
 state home for veterans' and their dependents at oxford account (22142).
   5. $177,000 from the miscellaneous special revenue fund,  western  New
 York veterans' home account (22143).
   6.  $336,000  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.  $9,173,000  from  the  miscellaneous  special  revenue fund, state
 university general income reimbursable account (22653).
   9. $150,218,000 from the miscellaneous  special  revenue  fund,  state
 university revenue offset account (22655).
   10. $50,197,000 from the state university dormitory income fund, state
 university dormitory income fund (40350).
   11. $1,000,000 from the miscellaneous special revenue fund, litigation
 settlement and civil recovery account (22117).
   §  25. Subdivision 6 of section 4 of the state finance law, as amended
 by section 24 of part FFF of chapter 56 of the laws of 2022, is  amended
 to read as follows:
   6.  Notwithstanding  any  law to the contrary, at the beginning of the
 state fiscal year,  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the  credit of a fund and/or an
 account such monies as are identified by the director of the  budget  as
 having been intended for such deposit to support disbursements from such
 fund  and/or  account  made  in pursuance of an appropriation by law. As
 soon as practicable upon enactment of the budget, the  director  of  the
 budget  shall,  but  not  less  than  three  days  following preliminary
 submission to the chairs of the senate finance committee and the  assem-
 S. 8305--A                         84                         A. 8805--A
 
 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-four] TWO THOUSAND TWENTY-EIGHT.
   § 26. Subdivision 4 of section 40 of the state finance law, as amended
 by  section 25 of part FFF of chapter 56 of the laws of 2022, 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-four] TWO THOUSAND TWENTY-EIGHT.
   § 27. Notwithstanding any  other  law,  rule,  or  regulation  to  the
 contrary, the state comptroller is hereby authorized and directed to use
 any  balance  remaining  in the mental health services fund debt service
 appropriation, after payment by the state comptroller of all obligations
 required pursuant to any lease, sublease, or other financing arrangement
 between the dormitory authority of the state of New York as successor to
 the New York state medical  care  facilities  finance  agency,  and  the
 facilities development corporation pursuant to chapter 83 of the laws of
 1995  and  the  department  of  mental hygiene for the purpose of making
 payments to the dormitory authority of the state of  New  York  for  the
 amount  of  the  earnings  for the investment of monies deposited in the
 mental health services fund that such agency determines will or may have
 to be rebated to the federal government pursuant to  the  provisions  of
 the  internal  revenue code of 1986, as amended, in order to enable such
 agency to maintain the exemption from federal  income  taxation  on  the
 interest paid to the holders of such agency's mental services facilities
 improvement  revenue  bonds.  Annually on or before each June 30th, such
 agency shall certify to the state comptroller its determination  of  the
 amounts  received  in the mental health services fund as a result of the
 investment of monies deposited therein that  will  or  may  have  to  be
 rebated  to  the  federal  government  pursuant to the provisions of the
 internal revenue code of 1986, as amended.
   § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
 of 1997, relating  to  the  financing  of  the  correctional  facilities
 improvement  fund and the youth facility improvement fund, as amended by
 section 27 of part PP of chapter 56 of the laws of 2023, 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
 S. 8305--A                         85                         A. 8805--A
 
 aggregate  principal  amount  not  to exceed [nine billion eight hundred
 sixty-five   million   eight   hundred   fifty-nine   thousand   dollars
 $9,865,859,000]    TEN  BILLION  TWO  HUNDRED  NINETY-NINE MILLION THREE
 HUNDRED  FIFTY-NINE  THOUSAND DOLLARS $10,299,359,000, 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 depos-
 it 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 reappropriations 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  obli-
 gations  may  be  greater  than  [nine  billion eight hundred sixty-five
 million eight hundred fifty-nine thousand  dollars  $9,865,859,000]  TEN
 BILLION  TWO  HUNDRED NINETY-NINE MILLION THREE HUNDRED FIFTY-NINE THOU-
 SAND DOLLARS $10,299,359,000, only if the present value of the aggregate
 debt service of the refunding or repayment bonds, notes or  other  obli-
 gations 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 obli-
 gations and of the aggregate debt service of the bonds, notes  or  other
 obligations  so refunded or repaid, shall be calculated by utilizing the
 effective interest rate of the refunding or repayment  bonds,  notes  or
 other  obligations,  which shall be that rate arrived at by doubling the
 semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
 discount  the debt service payments on the refunding or repayment bonds,
 notes or other obligations from the payment dates thereof to the date of
 issue of the refunding or repayment bonds, notes  or  other  obligations
 and  to  the  price bid including estimated accrued interest or proceeds
 received by the corporation including estimated  accrued  interest  from
 the sale thereof.
   §  29.  Paragraph  (a) of subdivision 2 of section 47-e of the private
 housing finance law, as amended by section 42 of part PP of  chapter  56
 of the laws of 2023, 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 [thirteen billion  six  hundred
 thirty-five   million   four   hundred   twenty-five   thousand  dollars
 $13,635,425,000] THIRTEEN BILLION NINE HUNDRED TWENTY-NINE MILLION THREE
 S. 8305--A                         86                         A. 8805--A
 
 HUNDRED EIGHTY-NINE THOUSAND DOLLARS $13,929,389,000, plus  a  principal
 amount  of bonds issued to fund the debt service reserve fund in accord-
 ance 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 under-
 writers' discount, trustee and rating agency fees, bond insurance, cred-
 it enhancement and liquidity enhancement related to the issuance of such
 bonds and notes. No reserve fund  securing  the  housing  program  bonds
 shall  be  entitled  or  eligible  to receive state funds apportioned or
 appropriated to maintain or restore such reserve fund at or to a partic-
 ular level, except to the extent of any deficiency resulting directly or
 indirectly from a failure of the state to appropriate or pay the  agreed
 amount  under  any  of the contracts provided for in subdivision four of
 this section.
   § 30. Paragraph (b) of subdivision 1 of  section  385  of  the  public
 authorities  law,  as  amended by section 45 of part PP of chapter 56 of
 the laws of 2023, 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 [twenty billion six hundred forty-
 eight million five hundred seven thousand dollars $20,648,507,000] TWEN-
 TY-ONE BILLION FOUR HUNDRED FIFTY-EIGHT MILLION THREE HUNDRED NINE THOU-
 SAND DOLLARS $21,458,309,000, 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
 S. 8305--A                         87                         A. 8805--A
 
 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 consti-
 tute  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.
   § 31. Paragraph (c) of subdivision 14 of section 1680  of  the  public
 authorities  law,  as  amended by section 32 of part PP of chapter 56 of
 the laws of 2023, is amended to read as follows:
   (c) Subject to the provisions of chapter fifty-nine of the laws of two
 thousand, (i) the dormitory authority shall  not  deliver  a  series  of
 bonds for city university community college facilities, except to refund
 or  to  be substituted for or in lieu of other bonds in relation to city
 university community college facilities pursuant to a resolution of  the
 dormitory  authority adopted before July first, nineteen hundred eighty-
 five or any resolution supplemental thereto, if the principal amount  of
 bonds  so  to  be  issued  when  added to all principal amounts of bonds
 previously issued by the dormitory authority for city university  commu-
 nity  college  facilities, except to refund or to be substituted in lieu
 of other bonds in relation to city university community college  facili-
 ties will exceed the sum of four hundred twenty-five million dollars and
 (ii)  the dormitory authority shall not deliver a series of bonds issued
 for city university facilities, including community college  facilities,
 pursuant  to a resolution of the dormitory authority adopted on or after
 July first, nineteen hundred eighty-five, except  to  refund  or  to  be
 substituted for or in lieu of other bonds in relation to city university
 facilities  and except for bonds issued pursuant to a resolution supple-
 mental to a resolution of the dormitory authority adopted prior to  July
 first, nineteen hundred eighty-five, if the principal amount of bonds so
 to  be  issued  when  added  to the principal amount of bonds previously
 issued pursuant to any such resolution, except bonds issued to refund or
 to be substituted for or in lieu of other  bonds  in  relation  to  city
 university  facilities,  will exceed [eleven billion three hundred four-
 teen million three hundred fifty-two thousand  dollars  $11,314,352,000]
 ELEVEN  BILLION  SEVEN HUNDRED TWENTY-TWO MILLION TWO HUNDRED TWENTY-TWO
 THOUSAND DOLLARS $11,722,222,000.  The legislature reserves the right to
 amend or repeal such limit, and the state of  New  York,  the  dormitory
 authority,  the city university, and the fund are prohibited from coven-
 anting or making any other agreements with or for the benefit  of  bond-
 holders which might in any way affect such right.
   §  32.  Subdivision 1 of section 1689-i of the public authorities law,
 as amended by section 39 of part PP of chapter 56 of the laws  of  2023,
 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 [three  hundred  sixty-seven  million
 dollars $367,000,000] FOUR HUNDRED ONE MILLION DOLLARS $401,000,000.
   §  33.  Paragraph  (c) of subdivision 19 of section 1680 of the public
 authorities law, as amended by section 31 of part PP of  chapter  56  of
 the laws of 2023, 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
 S. 8305--A                         88                         A. 8805--A
 
 hundred eighty-eight for state university  educational  facilities  will
 exceed [eighteen billion one hundred ten million nine hundred sixty-four
 thousand  dollars $18,110,964,000] EIGHTEEN BILLION SEVEN HUNDRED SEVEN-
 TY-THREE    MILLION    NINE    HUNDRED   SIXTY-FOUR   THOUSAND   DOLLARS
 $18,773,964,000; provided, however, that bonds issued or  to  be  issued
 shall  be excluded from such limitation if: (1) such bonds are issued to
 refund  state  university  construction  bonds  and   state   university
 construction  notes  previously issued by the housing finance agency; or
 (2) such bonds are issued to refund bonds  of  the  authority  or  other
 obligations  issued for state university educational facilities purposes
 and the present value of the aggregate debt  service  on  the  refunding
 bonds does not exceed the present value of the aggregate debt service on
 the bonds refunded thereby; provided, further that upon certification by
 the director of the budget that the issuance of refunding bonds or other
 obligations  issued between April first, nineteen hundred ninety-two and
 March thirty-first, nineteen hundred  ninety-three  will  generate  long
 term  economic  benefits  to  the  state, as assessed on a present value
 basis, such issuance will be deemed to have met the present  value  test
 noted  above. For purposes of this subdivision, the present value of the
 aggregate debt service of the refunding bonds  and  the  aggregate  debt
 service of the bonds refunded, shall be calculated by utilizing the true
 interest  cost  of the refunding bonds, which shall be that rate arrived
 at by doubling the semi-annual interest rate (compounded  semi-annually)
 necessary  to  discount the debt service payments on the refunding bonds
 from the payment dates thereof to the date of  issue  of  the  refunding
 bonds  to  the purchase price of the refunding bonds, including interest
 accrued thereon prior to the issuance  thereof.  The  maturity  of  such
 bonds,  other  than  bonds issued to refund outstanding bonds, shall not
 exceed the weighted average economic life, as  certified  by  the  state
 university construction fund, of the facilities in connection with which
 the  bonds  are  issued,  and  in any case not later than the earlier of
 thirty years or the expiration of the term of  any  lease,  sublease  or
 other  agreement  relating  thereto;  provided  that  no note, including
 renewals thereof, shall mature later than five years after the  date  of
 issuance  of  such  note. The legislature reserves the right to amend or
 repeal such limit, and the state of New York, the  dormitory  authority,
 the  state university of New York, and the state university construction
 fund are prohibited from covenanting or making any other agreements with
 or for the benefit of bondholders which might in  any  way  affect  such
 right.
   §  34. Subdivision 10-a of section 1680 of the public authorities law,
 as amended by section 33 of part PP of chapter 56 of the laws  of  2023,
 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  two
 hundred    twenty-seven    million    ninety-five    thousand    dollars
 $1,227,095,000] ONE  BILLION  THREE  HUNDRED  SIXTY-FIVE  MILLION  THREE
 HUNDRED  EIGHT  THOUSAND  DOLLARS $1,365,308,000.   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.
 S. 8305--A                         89                         A. 8805--A
 
   §  35.  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 35 of part  PP
 of chapter 56 of the laws of 2023, is amended to read as follows:
   b.  The  agency shall have power and is hereby authorized from time to
 time to issue negotiable bonds and notes in conformity  with  applicable
 provisions  of  the uniform commercial code in such principal amount as,
 in the opinion of the agency, shall  be  necessary,  after  taking  into
 account  other moneys which may be available for the purpose, to provide
 sufficient funds to  the  facilities  development  corporation,  or  any
 successor agency, for the financing or refinancing of or for the design,
 construction, acquisition, reconstruction, rehabilitation or improvement
 of  mental  health  services  facilities pursuant to paragraph a of this
 subdivision, the payment of interest on mental health services  improve-
 ment  bonds and mental health services improvement notes issued for such
 purposes, the establishment of reserves to secure such bonds and  notes,
 the  cost  or  premium  of  bond insurance or the costs of any financial
 mechanisms which may be used to reduce the debt service  that  would  be
 payable  by the agency on its mental health services facilities improve-
 ment bonds and notes and all other expenditures of the  agency  incident
 to  and  necessary or convenient to providing the facilities development
 corporation, or any successor agency, with funds for  the  financing  or
 refinancing of or for any such design, construction, acquisition, recon-
 struction, rehabilitation or improvement and for the refunding of mental
 hygiene improvement bonds issued pursuant to section 47-b of the private
 housing  finance law; provided, however, that the agency shall not issue
 mental health services facilities improvement bonds  and  mental  health
 services  facilities  improvement notes in an aggregate principal amount
 exceeding [twelve billion four hundred eighteen  million  three  hundred
 thirty-seven  thousand  dollars  $12,418,337,000]  TWELVE  BILLION  NINE
 HUNDRED TWENTY-ONE MILLION  SEVEN  HUNDRED  FIFTY-SIX  THOUSAND  DOLLARS
 $12,921,756,000, 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  [twelve
 billion  four  hundred eighteen million three hundred thirty-seven thou-
 sand dollars $12,418,337,000] TWELVE  BILLION  NINE  HUNDRED  TWENTY-ONE
 MILLION  SEVEN  HUNDRED FIFTY-SIX THOUSAND DOLLARS $12,921,756,000, 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
 S. 8305--A                         90                         A. 8805--A
 
 semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
 discount  the debt service payments on the refunding or repayment bonds,
 notes or other obligations from the payment dates thereof to the date of
 issue  of  the  refunding or repayment bonds, notes or other obligations
 and to the price bid including estimated accrued  interest  or  proceeds
 received  by the authority including estimated accrued interest from the
 sale thereof. Such bonds, other than bonds issued to refund  outstanding
 bonds,  shall be scheduled to mature over a term not to exceed the aver-
 age useful life, as certified by the facilities development corporation,
 of the projects for which the bonds are issued, and in  any  case  shall
 not  exceed  thirty  years  and  the  maximum  maturity  of notes or any
 renewals thereof shall not exceed  five  years  from  the  date  of  the
 original  issue  of  such  notes. Notwithstanding the provisions of this
 section, the agency shall have the power and  is  hereby  authorized  to
 issue  mental health services facilities improvement bonds and/or mental
 health services  facilities  improvement  notes  to  refund  outstanding
 mental hygiene improvement bonds authorized to be issued pursuant to the
 provisions  of  section  47-b of the private housing finance law and the
 amount of bonds issued or outstanding for such  purposes  shall  not  be
 included for purposes of determining the amount of bonds issued pursuant
 to this section. The director of the budget shall allocate the aggregate
 principal  authorized  to  be  issued  by the agency among the office of
 mental health, office for people with  developmental  disabilities,  and
 the  office  of  addiction  services  and supports, in consultation with
 their respective commissioners to finance bondable appropriations previ-
 ously approved by the legislature.
   § 36. 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  30  of part PP of chapter 56 of the laws of 2023, 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  [five  hundred  one  million  five  hundred   thousand   dollars
 $501,500,000]  FIVE  HUNDRED  TWENTY-TWO  MILLION  FIVE HUNDRED THOUSAND
 DOLLARS $522,500,000, 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 seven hundred thirteen million  eighty-six  thousand
 dollars $1,713,086,000] ONE BILLION EIGHT HUNDRED FIFTY-FIVE MILLION TWO
 HUNDRED  EIGHTY-SIX  THOUSAND  DOLLARS  $1,855,286,000,  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
 S. 8305--A                         91                         A. 8805--A
 
 thereon,  nor  shall  they  be payable out of any funds other than those
 appropriated by the state  to  the  corporation  for  debt  service  and
 related  expenses pursuant to any service contracts executed pursuant to
 subdivision  (b) of this section, and such bonds and notes shall contain
 on the face thereof a statement to such effect.
   § 37. 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 44 of part PP of  chapter  56  of  the
 laws of 2023, 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  [one  billion  three
 hundred  fifty-three  million  eight  hundred fifty-two thousand dollars
 $1,353,852,000]  ONE  BILLION  SEVEN  HUNDRED  FORTY-TWO  MILLION  SEVEN
 HUNDRED  TWELVE  THOUSAND DOLLARS $1,742,712,000, excluding bonds issued
 to fund one or more debt service reserve funds, to pay costs of issuance
 of such bonds, and bonds or notes issued to refund  or  otherwise  repay
 such  bonds  or  notes  previously  issued.  Such bonds and notes of the
 dormitory authority and the corporation shall  not  be  a  debt  of  the
 state,  and  the  state  shall  not be liable thereon, nor shall they be
 payable out of any funds other than those appropriated by the  state  to
 the dormitory authority and the corporation for principal, interest, and
 related expenses pursuant to a service contract and such bonds and notes
 shall contain on the face thereof a statement to such effect. Except for
 purposes  of  complying  with  the  internal  revenue code, any interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   § 38. 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 38 of part PP of chapter 56 of the laws of 2023,  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 [thirteen
 billion nine hundred forty-nine million two hundred thirty-four thousand
 dollars   $13,949,234,000]  FOURTEEN  BILLION  SEVEN  HUNDRED  FORTY-TWO
 MILLION  FIVE  HUNDRED  EIGHTY-SEVEN  THOUSAND  DOLLARS  $14,742,587,000
 cumulatively  by the end of fiscal year [2023-24] 2024-25.  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  munici-
 pality, 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  respon-
 sibility,  and  where  such  eligible capital costs include the costs of
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 construction and repair of highways,  bridges,  highway-railroad  cross-
 ings,  and  other  transportation facilities for projects with a service
 life of ten years or more.
   §  39.  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 37 of part PP of chapter 56 of the laws of 2023, 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 prin-
 cipal amount of bonds authorized to be issued pursuant to  this  section
 shall   not   exceed   [four   hundred   ninety-three   million  dollars
 $493,000,000] FIVE HUNDRED NINETY-THREE  MILLION  DOLLARS  $593,000,000,
 excluding  bonds  issued to fund one or more debt service reserve funds,
 to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
 refund  or  otherwise  repay such bonds or notes previously issued. Such
 bonds and notes of the dormitory authority  and  the  urban  development
 corporation shall not be a debt of the state, and the state shall not be
 liable  thereon,  nor  shall they be payable out of any funds other than
 those appropriated by the state to the dormitory authority and the urban
 development corporation for principal, interest,  and  related  expenses
 pursuant to a service contract and such bonds and notes shall contain on
 the  face  thereof  a  statement to such effect.  Except for purposes of
 complying with the internal revenue code, any interest income earned  on
 bond proceeds shall only be used to pay debt service on such bonds.
   2.  Notwithstanding  any  other  provision  of law to the contrary, in
 order to assist the dormitory authority and the urban development corpo-
 ration in undertaking the financing for project costs for  the  acquisi-
 tion  of equipment, including but not limited to the creation or modern-
 ization of information  technology  systems  and  related  research  and
 development  equipment, health and safety equipment, heavy equipment and
 machinery, the creation or improvement of security systems, and  labora-
 tory  equipment  and  other  state  costs  associated  with such capital
 projects, the director of the budget is hereby authorized to enter  into
 one or more service contracts with the dormitory authority and the urban
 development  corporation,  none  of  which  shall exceed thirty years in
 duration, upon such terms and conditions as the director of  the  budget
 and the dormitory authority and the urban development corporation agree,
 so  as  to  annually  provide  to  the dormitory authority and the urban
 development corporation, in the aggregate, a sum not to exceed the prin-
 cipal, interest, and related expenses required for such bonds and notes.
 Any service contract entered into pursuant to this section shall provide
 that the obligation of the state to  pay  the  amount  therein  provided
 shall  not  constitute  a  debt  of  the state within the meaning of any
 constitutional or statutory provision and shall be deemed executory only
 to the extent of  monies  available  and  that  no  liability  shall  be
 incurred  by  the  state  beyond  the monies available for such purpose,
 subject to annual appropriation by the legislature. Any such contract or
 any payments made or to be made thereunder may be assigned  and  pledged
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 by  the  dormitory  authority  and  the urban development corporation as
 security for its bonds and notes, as authorized by this section.
   §  40.  Subdivision 3 of section 1285-p of the public authorities law,
 as amended by section 29 of part PP of chapter 56 of the laws  of  2023,
 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 [nine billion three hundred thirty-five million seven
 hundred ten thousand dollars $9,335,710,000] TEN  BILLION  FIVE  HUNDRED
 NINETY-FIVE  MILLION SEVEN HUNDRED TEN THOUSAND DOLLARS $10,595,710,000,
 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.
   § 41. 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  34  of part PP of chapter 56 of the laws of 2023, 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 [one billion  fourteen  million
 seven  hundred  thirty-five thousand dollars $1,014,735,000] ONE BILLION
 SIXTY-SIX   MILLION   SEVEN   HUNDRED   FIFTY-FIVE   THOUSAND    DOLLARS
 $1,066,755,000,  which  authorization  increases the aggregate principal
 amount of bonds, notes and other obligations authorized by section 40 of
 chapter 309 of the laws of 1996, and shall include all bonds, notes  and
 other obligations issued pursuant to chapter 211 of the laws of 1990, as
 amended  or  supplemented.  The  proceeds  of such bonds, notes or other
 obligations shall be paid to the state, for deposit in the youth facili-
 ties improvement fund or the capital projects fund, to pay  for  all  or
 any  portion  of  the amount or amounts paid by the state from appropri-
 ations or reappropriations made to the office  of  children  and  family
 services   from  the  youth  facilities  improvement  fund  for  capital
 projects. The aggregate amount of bonds,  notes  and  other  obligations
 authorized  to  be  issued pursuant to this section shall exclude bonds,
 notes or other obligations issued to refund or  otherwise  repay  bonds,
 notes  or  other  obligations  theretofore issued, the proceeds of which
 were paid to the state for all or a portion of the amounts  expended  by
 the  state from appropriations or reappropriations made to the office of
 children and family services; provided,  however,  that  upon  any  such
 refunding or repayment the total aggregate principal amount of outstand-
 ing  bonds,  notes or other obligations may be greater than [one billion
 fourteen   million   seven   hundred   thirty-five   thousand    dollars
 $1,014,735,000]  ONE  BILLION SIXTY-SIX MILLION SEVEN HUNDRED FIFTY-FIVE
 THOUSAND DOLLARS $1,066,755,000, only if the present value of the aggre-
 gate 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
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 refunded or repaid. For the purposes hereof, the present  value  of  the
 aggregate  debt  service  of  the refunding or repayment bonds, notes or
 other obligations and of the aggregate debt service of the bonds,  notes
 or  other  obligations  so  refunded  or  repaid, shall be calculated by
 utilizing the effective interest rate  of  the  refunding  or  repayment
 bonds,  notes  or other obligations, which shall be that rate arrived at
 by doubling the semi-annual  interest  rate  (compounded  semi-annually)
 necessary  to  discount  the  debt  service payments on the refunding or
 repayment bonds, notes or other obligations from the payment dates ther-
 eof to the date of issue of the refunding or repayment bonds,  notes  or
 other  obligations  and  to  the  price  bid including estimated accrued
 interest or proceeds received by  the  corporation  including  estimated
 accrued interest from the sale thereof.
   § 42. Subdivision 1 of section 386-b of the public authorities law, as
 amended  by  section 41 of part PP of chapter 56 of the laws of 2023, 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
 [twelve  billion  three hundred eight million three hundred eleven thou-
 sand dollars $12,308,311,000] FIFTEEN BILLION  ONE  HUNDRED  SEVENTY-SIX
 MILLION SIX HUNDRED SIXTY-NINE THOUSAND DOLLARS $15,176,669,000, exclud-
 ing  bonds issued to fund one or more debt service reserve funds, to pay
 costs of issuance of such bonds, and to refund or otherwise  repay  such
 bonds or notes previously issued. Such bonds and notes of the authority,
 the  dormitory authority and the urban development corporation shall not
 be a debt of the state, and the state shall not be liable  thereon,  nor
 shall  they be payable out of any funds other than those appropriated by
 the state to the authority, the dormitory authority and the urban devel-
 opment corporation for principal, interest, and related expenses  pursu-
 ant  to a service contract and such bonds and notes shall contain on the
 face thereof a statement to such effect. Except for purposes of  comply-
 ing  with  the internal revenue code, any interest income earned on bond
 proceeds shall only be used to pay debt service on such bonds.
   § 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 40 of part PP of chapter 56 of the laws of  2023,  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-
 S. 8305--A                         95                         A. 8805--A
 
 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,
 RUSH - NY, NEW YORK AI CONSORTIUM, NEW YORK CREATES UEV TOOL, and  other
 state  costs  associated  with  such  projects.  The aggregate principal
 amount of bonds authorized to be issued pursuant to this  section  shall
 not exceed [seventeen billion six hundred fifty-five million six hundred
 two  thousand dollars $17,655,602,000] TWENTY BILLION TWO HUNDRED FIFTY-
 FOUR MILLION ONE HUNDRED NINETY-FOUR THOUSAND  DOLLARS  $20,254,194,000,
 excluding  bonds  issued to fund one or more debt service reserve funds,
 to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
 refund  or  otherwise  repay such bonds or notes previously issued. Such
 bonds and notes of the dormitory authority and the corporation shall not
 be a debt of the state, and the state shall not be liable  thereon,  nor
 shall  they be payable out of any funds other than those appropriated by
 the state to the dormitory authority and the corporation for  principal,
 interest,  and  related expenses pursuant to a service contract and such
 bonds and notes shall contain on the face thereof a  statement  to  such
 effect.    Except  for  purposes  of complying with the internal revenue
 code, any interest income earned on bond proceeds shall only be used  to
 pay debt service on such bonds.
   2.  Notwithstanding  any  other  provision  of law to the contrary, in
 order to assist the dormitory authority and the corporation in undertak-
 ing the financing for project costs for the regional  economic  develop-
 ment  council  initiative,  the  economic  transformation program, state
 university of New York college for nanoscale  and  science  engineering,
 projects  within  the  city  of Buffalo or surrounding environs, the New
 York works economic development fund,  projects  for  the  retention  of
 professional  football  in  western  New York, the empire state economic
 development fund, the clarkson-trudeau partnership, the New York  genome
 center, the cornell university college of veterinary medicine, the olym-
 pic  regional  development  authority,  projects at nano Utica, onondaga
 county revitalization projects, Binghamton university school of  pharma-
 cy,  New  York  power  electronics  manufacturing  consortium,  regional
 infrastructure projects, New York State Capital Assistance  Program  for
 Transportation,  infrastructure,  and  economic  development,  high tech
 innovation and economic development infrastructure program,  high  tech-
 nology  manufacturing  projects in Chautauqua and Erie county, an indus-
 trial scale research and development facility in Clinton county, upstate
 S. 8305--A                         96                         A. 8805--A
 
 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,
 RUSH - NY, NEW YORK AI CONSORTIUM, NEW YORK CREATES UEV TOOL, 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,  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 corporation as security for its bonds and notes,  as  authorized  by
 this section.
   §  44.  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 36 of part PP of chapter 56 of the laws of 2023, 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 [two hundred forty-seven
 million dollars $247,000,000] TWO HUNDRED NINETY-SEVEN  MILLION  DOLLARS
 $297,000,000, 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
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 purposes  of  complying  with  the  internal  revenue code, any interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   §  45.  Subdivision 1 of section 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 43 of part PP of chapter 56 of the
 laws of 2023, 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  [three hundred twenty-one million seven hundred ninety-nine
 thousand dollars $321,799,000] THREE  HUNDRED  FORTY-ONE  MILLION  EIGHT
 HUNDRED  NINETY-EIGHT  THOUSAND  DOLLARS  $341,898,000,  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.
   §  46.  Subdivision 1 of section 1680-k of the public authorities law,
 as amended by section 47 of part PP of chapter 56 of the laws  of  2023,
 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 nine hundred forty-five thousand dollars $40,945,000]  FORTY-ONE
 MILLION  SIXTY  THOUSAND  DOLLARS $41,060,000, 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  labora-
 tory. Eligible project costs may include, but not be limited to the cost
 of design, financing, site investigations, site acquisition and prepara-
 tion, demolition, 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
 S. 8305--A                         98                         A. 8805--A
 
 interest income earned on bond proceeds shall only be used to  pay  debt
 service on such bonds.
   § 47. Paragraph a of subdivision 1 of section  9-a  of  section  1  of
 chapter  392  of the laws of 1973, constituting the medical care facili-
 ties finance agency act, as amended by chapter 479 of the laws of  2022,
 is amended to read as follows:
   a. "Mental health services facility" shall mean  a  building,  a  unit
 within  a  building, a laboratory, a classroom, a housing unit, a dining
 hall, an activities center, a library, real  property  of  any  kind  or
 description,  or any structure on or improvement to real property of any
 kind or description, including fixtures and equipment which may  or  may
 not  be  an  integral  part  of  any  such  building, unit, structure or
 improvement, a walkway, a roadway or a parking lot, and improvements and
 connections for water, sewer, gas, electrical, telephone,  heating,  air
 conditioning  and other utility services, or a combination of any of the
 foregoing, whether for patient care and treatment or staff, staff family
 or service use, located at or related to  any  psychiatric  center,  any
 developmental  center, or any state psychiatric or research institute or
 other facility now or hereafter established under the  state  department
 of mental hygiene. A mental health services facility shall also mean and
 include a residential care center for adults, a "community mental health
 and developmental disabilities facility", and a state or voluntary oper-
 ated  treatment  facility  for  use  in  the conduct of an alcoholism or
 substance abuse treatment program as defined in the mental hygiene  law,
 unless  such residential care center for adults, community mental health
 and developmental disabilities facility or alcoholism or substance abuse
 facility is expressly excepted or the context  clearly  requires  other-
 wise.  The  definition  contained  in  this  subdivision  shall  not  be
 construed to exclude therefrom a  facility,  whether  or  not  owned  or
 leased  by  a  voluntary  agency,  to  be made available under lease, or
 sublease, from the facilities development  corporation  to  a  voluntary
 agency  at the request of the commissioners of the offices and directors
 of the divisions of the department of mental hygiene having jurisdiction
 thereof for use in providing services in a residential care  center  for
 adults, community mental health and developmental disabilities services,
 or  for use in the conduct of an alcoholism or substance abuse treatment
 program. For purposes of this section mental  health  services  facility
 shall also mean mental hygiene facility as defined in subdivision ten of
 section  three  of  the facilities development corporation act AND SHALL
 ALSO INCLUDE FACILITIES FOR:  (I)  COMPREHENSIVE  PSYCHIATRIC  EMERGENCY
 PROGRAMS AND/OR PSYCHIATRIC INPATIENT PROGRAMS OR OTHER SIMILAR PROGRAMS
 UNDER  THE AUSPICE OF MUNICIPALITIES AND OTHER PUBLIC AND NOT-FOR-PROFIT
 AGENCIES, DUALLY LICENSED PURSUANT TO ARTICLE THIRTY-ONE OF  THE  MENTAL
 HYGIENE  LAW AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; AND (II)
 HOUSING FOR MENTALLY ILL PERSONS UNDER THE AUSPICE OF MUNICIPALITIES AND
 OTHER PUBLIC AND NOT-FOR-PROFIT AGENCIES, APPROVED BY  THE  COMMISSIONER
 OF  THE  OFFICE  OF  MENTAL HEALTH, PURSUANT TO ARTICLE FORTY-ONE OF THE
 MENTAL HYGIENE LAW.
   § 48. 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, 2025 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 386-a of the public authori-
 ties law, provided that the annual amount of the transfer  shall  be  no
 more  than the principal and interest that would have otherwise been due
 S. 8305--A                         99                         A. 8805--A
 
 to the power authority of the state of New York, from any state  agency,
 in  a  given  state fiscal year.   Amounts pertaining to special revenue
 accounts assigned to the state university of New York shall  be  consid-
 ered  interchangeable between the designated special revenue accounts as
 to meet the requirements of this section and section 386-a of the public
 authorities law:
   1. $15,000,000 from the  miscellaneous  special  revenue  fund,  state
 university general income reimbursable account (22653).
   2.  $5,000,000  from  state  university  dormitory  income fund, state
 university dormitory income fund (40350).
   3. $5,000,000 from the enterprise fund, city university senior college
 operating fund (60851).
   § 49. Paragraph (g) of subdivision 1 of  section  68-b  of  the  state
 finance  law, as added by section 2 of part I of chapter 383 of the laws
 of 2001, is amended to read as follows:
   (g) Revenue bonds authorized hereunder shall  be  sold  by  authorized
 issuers,  at  public  or  private  sale,  at such price or prices as the
 authorized issuers  may  determine.  Revenue  bonds  of  the  authorized
 issuers  shall  not  be  sold by the authorized issuers at private sales
 unless such sale and the terms thereof have been approved by  the  state
 comptroller.  THE  APPROVAL  OF  THE  PRIVATE SALE OF SUCH BONDS AND THE
 TERMS THEREOF BY THE STATE COMPTROLLER SHALL BE LIMITED TO A  REVIEW  OF
 (I)  THE  REASONABLENESS  OF:  (1) THE BOND PRICING, TAKING INTO ACCOUNT
 CURRENT INTEREST RATES; (2)  THE  COSTS  OF  ISSUANCE  AND  UNDERWRITERS
 DISCOUNT  FOR SUCH BONDS; (3) IF THE SALE INCLUDES REFUNDING BONDS, CASH
 FLOW SAVINGS AND NET PRESENT VALUE SAVINGS; AND (4) IF THE SALE INVOLVES
 AN INTEREST RATE EXCHANGE OR SIMILAR AGREEMENT, THE  ECONOMIC  TERMS  OF
 SUCH  AGREEMENT;  AND  (II)  WHETHER  THE  FINAL  MATURITY  OF THE BONDS
 COMPLIES WITH (1) THE LEGAL AUTHORIZATION FOR THE  PROJECT  OR  PROJECTS
 BEING  FINANCED,  AND  (2)  THE PARAMETERS ESTABLISHED IN THE AUTHORIZED
 ISSUER'S RESOLUTION AUTHORIZING THE ISSUANCE OF SUCH BONDS, AS  APPROVED
 BY THE PUBLIC AUTHORITIES CONTROL BOARD PURSUANT TO SECTION FIFTY-ONE OF
 THE PUBLIC AUTHORITIES LAW.
   §  50.  Paragraph  (g)  of  subdivision 1 of section 69-n of the state
 finance law, as added by section 58 of part HH of chapter 57 of the laws
 of 2013, is amended to read as follows:
   (g) Revenue bonds authorized hereunder shall  be  sold  by  authorized
 issuers,  at  public  or  private  sale,  at such price or prices as the
 authorized issuers  may  determine.  Revenue  bonds  of  the  authorized
 issuers  shall  not  be  sold by the authorized issuers at private sales
 unless such sale and the terms thereof have been approved by  the  state
 comptroller.  THE  APPROVAL  OF  THE  PRIVATE SALE OF SUCH BONDS AND THE
 TERMS THEREOF BY THE STATE COMPTROLLER SHALL BE LIMITED TO A  REVIEW  OF
 (I)  THE  REASONABLENESS  OF:  (1) THE BOND PRICING, TAKING INTO ACCOUNT
 CURRENT INTEREST RATES; (2)  THE  COSTS  OF  ISSUANCE  AND  UNDERWRITERS
 DISCOUNT  FOR SUCH BONDS; (3) IF THE SALE INCLUDES REFUNDING BONDS, CASH
 FLOW SAVINGS AND NET PRESENT VALUE SAVINGS; AND (4) IF THE SALE INVOLVES
 AN INTEREST RATE EXCHANGE OR SIMILAR AGREEMENT, THE  ECONOMIC  TERMS  OF
 SUCH  AGREEMENT;  AND  (II)  WHETHER  THE  FINAL  MATURITY  OF THE BONDS
 COMPLIES WITH (1) THE LEGAL AUTHORIZATION FOR THE  PROJECT  OR  PROJECTS
 BEING  FINANCED,  AND  (2)  THE PARAMETERS ESTABLISHED IN THE AUTHORIZED
 ISSUER'S RESOLUTION AUTHORIZING THE ISSUANCE OF SUCH BONDS, AS  APPROVED
 BY THE PUBLIC AUTHORITIES CONTROL BOARD PURSUANT TO SECTION FIFTY-ONE OF
 THE PUBLIC AUTHORITIES LAW.
   §  51. Subdivision 6-a of section 2 of the state finance law, as added
 by chapter 837 of the laws of 1983, is amended to read as follows:
 S. 8305--A                         100                        A. 8805--A
 
   6-a. "Fixed assets". (I) Assets of  a  long-term,  tangible  character
 which  are intended to continue to be held or used, such as land, build-
 ings, improvements, machinery,  and  equipment,  AND  (II)  ASSETS  THAT
 PROVIDE A LONG-TERM INTEREST IN LAND, INCLUDING CONSERVATION EASEMENTS.
   §  52. Subdivision 2 of section 2976 of the public authorities law, as
 amended by section 1 of part FF of chapter 59 of the laws  of  2009,  is
 amended to read as follows:
   2. The bond issuance charge shall be computed by multiplying the prin-
 cipal amount of bonds issued by the percentage set forth in the schedule
 below,  provided that: (a) the charge applicable to the principal amount
 of single family mortgage revenue bonds shall be seven one-hundredths of
 one percent; (b) the issuance of bonds shall not include the remarketing
 of bonds; and (c) the issuance of bonds shall not include the  [current]
 refunding  of  [short term] bonds, notes or other obligations [for which
 the bond issuance  charge  provided  by  this  section  has  been  paid,
 provided that such current refunding (i) occurs within one year from the
 issuance  of  the  refunded  obligations,  or  (ii) is part of a program
 created by a single indenture or bond resolution that provides  for  the
 periodic issuance and refunding of short term obligations].
                                 SCHEDULE
 Principal Amount of Bonds Issued             Percentage Charge
 a. [$1,000,000] $20,000,000 or less              [.168%] 0%
 b. [$1,000,001 to $5,000,000                     .336%
 c. $5,000,001 to $10,000,000                     .504%
 d. $10,000,001 to $20,000,000                    .672%
 e.] More than $20,000,000                        [.84%] .35%
   § 53. Subdivision 5 of section 68-b of the state finance law, as added
 by section 2 of part I of chapter 383 of the laws of 2001, is amended to
 read as follows:
   5.  The authorized issuers, subject to such agreements with holders of
 revenue bonds as may then exist, or with the providers of any applicable
 bond or note or other financial or agreement facility, shall have  power
 out  of  any  funds  available therefor to purchase revenue bonds of the
 authorized issuers, which may or may not thereupon  be  canceled,  at  a
 price not exceeding:
   (a)  if  the  revenue  bonds are then redeemable, the redemption price
 then applicable, including any accrued interest; OR
   (b) if the revenue bonds are not then redeemable, the redemption price
 and accrued interest applicable on the first date  after  such  purchase
 upon which the revenue bonds become subject to redemption; OR
   (C) WHETHER OR NOT THE REVENUE BONDS ARE THEN REDEEMABLE, AT A REDEMP-
 TION  PRICE  THAT PROVIDES A DEMONSTRATED ECONOMIC BENEFIT TO THE STATE,
 AS CERTIFIED IN WRITING BY A FINANCIAL ADVISOR TO THE STATE.
   § 54. Subdivision 5 of section 69-n of the state finance law, as added
 by section 58 of part HH of chapter 57 of the laws of 2013,  is  amended
 to read as follows:
   5.  The authorized issuers, subject to such agreements with holders of
 revenue bonds as may then exist, or with the providers of any applicable
 bond or note or other financial or agreement facility, shall have  power
 out  of  any  funds  available therefor to purchase revenue bonds of the
 authorized issuers, which may or may not thereupon  be  canceled,  at  a
 price not exceeding:
   (a)  If  the  revenue  bonds are then redeemable, the redemption price
 then applicable, including any accrued interest; OR
 S. 8305--A                         101                        A. 8805--A
 
   (b) If the revenue bonds are not then redeemable, the redemption price
 and accrued interest applicable on the first date  after  such  purchase
 upon which the revenue bonds become subject to redemption; OR
   (C) WHETHER OR NOT THE REVENUE BONDS ARE THEN REDEEMABLE, AT A REDEMP-
 TION  PRICE  THAT PROVIDES A DEMONSTRATED ECONOMIC BENEFIT TO THE STATE,
 AS CERTIFIED IN WRITING BY A FINANCIAL ADVISOR TO THE STATE.
   § 55. Paragraph (b) of subdivision 1 of section 54-b of section  1  of
 chapter  174  of  the  laws  of  1968 constituting the urban development
 corporation act, as amended by section 49 of part PP of  chapter  56  of
 the laws of 2023, is amended to read as follows:
   (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[, 2024] OF THE STATE  FISCAL  YEAR  IN
 WHICH SUCH NOTES ARE ISSUED, in one or more series in an aggregate prin-
 cipal  amount  for  each  fiscal year not to exceed [three] FOUR 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 article
 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 outstand-
 ing, the restrictions, limitations and requirements contained in article
 five-B of the state finance law shall not apply.
   § 56. Subdivision 1 of section 386-a of the public authorities law, as
 amended by section 54 of part PP of chapter 56 of the laws of  2023,  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
 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-four] TWENTY-FIVE
 pursuant to this section may be issued with a maximum maturity of  fifty
 S. 8305--A                         102                        A. 8805--A
 
 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.
   §  57.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024; provided,
 however, that the provisions of sections one, two,  three,  four,  five,
 six,  seven,  eight,  fourteen,  fifteen,  sixteen, seventeen, eighteen,
 nineteen, twenty, twenty-one, twenty-two, twenty-three, and  twenty-four
 of  this  act  shall  expire March 31, 2025; and provided, further, that
 sections twenty-five and twenty-six of this act shall expire  March  31,
 2028,  when  upon  such  dates  the provisions of such sections shall be
 deemed repealed.

                                  PART Y
 
   Section 1. Section 2 of part P of chapter 55  of  the  laws  of  2022,
 amending  the  alcoholic  beverage  control  law relating to authorizing
 retail licensees for on-premises  consumption  to  sell  and/or  deliver
 alcoholic  beverages for off-premises consumption, is amended to read as
 follows:
   § 2. This act shall take effect immediately [and shall expire  and  be
 deemed repealed three years after such date].
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through Y of this act shall be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8305--C                                            A. 8805--C
 
                       S E N A T E - A S S E M B L Y
 
                             January 17, 2024
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted to said committee
 
 AN ACT to amend the penal law, in relation to assault on a retail worker
   (Part  A);  to  amend  the  penal law, in relation to establishing the
   crime of fostering the sale of stolen goods (Part  B);  to  amend  the
   penal  law  and  the  judiciary law, in relation to specified offenses
   that constitute a hate crime (Part C);  relating  to  the  closure  of
   correctional   facilities;  and  providing  for  the  repeal  of  such
   provisions upon the expiration thereof (Part D); to amend the tax law,
   in relation to suspending the transfer of monies  into  the  emergency
   services  revolving  loan  fund  from the public safety communications
   account (Part E); to amend the judiciary law, the penal  law  and  the
   election  law,  in  relation  to increasing the safety and security of
   judges and their immediate families (Part F); to  amend  the  cannabis
   law,  the administrative code of the city of New York, the county law,
   the penal law, and the real property actions and proceedings  law,  in
   relation  to providing additional enforcement powers to localities and
   the office of cannabis management (Part G);  to  amend  the  alcoholic
   beverage  control  law, in relation to notifying municipalities of the
   filing of certain applications, and providing  for  certain  temporary
   permits;  and to repeal certain provisions of such law related thereto
   (Part H); to amend the alcoholic beverage control law, in relation  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12670-05-4
 S. 8305--C                          2                         A. 8805--C
 
   establishing  a  temporary wholesale permit (Part I); to amend chapter
   118 of the laws of 2012 amending the alcoholic  beverage  control  law
   relating  to  the powers of the chairman and members of the authority,
   in  relation  to the effectiveness of certain provisions thereof (Part
   J); to amend chapter 396 of the laws of 2010  amending  the  alcoholic
   beverage  control  law  relating to liquidator's permits and temporary
   retail permits, in relation to the  effectiveness  thereof  (Part  K);
   intentionally omitted (Part L); to amend the labor law, in relation to
   providing paid prenatal personal leave (Part M); intentionally omitted
   (Part  N); intentionally omitted (Part O); intentionally omitted (Part
   P); to amend the state finance law, in  relation  to  eliminating  the
   alternate  procedure for the payment of salaries for certain employees
   and the withholding of five days of salary for certain employees (Part
   Q); intentionally omitted (Part R); intentionally  omitted  (Part  S);
   intentionally omitted (Part T); to amend the general municipal law, in
   relation to county-wide shared services panels; to amend the executive
   law, in relation to the administration of certain monies; and to amend
   the  village law, in relation to unexpended fund balances incurred for
   the incorporation if a village is not incorporated  (Part  U);  inten-
   tionally omitted (Part V); to amend the state finance law, in relation
   to  reforming  the local government efficiency grant program (Part W);
   intentionally omitted (Part X); to amend part P of chapter 55  of  the
   laws  of 2022, amending the alcoholic beverage control law relating to
   authorizing retail  licensees  for  on-premises  consumption  to  sell
   and/or  deliver  alcoholic  beverages for off-premises consumption, in
   relation to the effectiveness thereof (Part Y);  to  amend  the  penal
   law, in relation to harassing certain employees of a transit agency or
   authority  (Part  Z); to amend the criminal procedure law, in relation
   to  maintaining  actions  against  certain  adolescent  offenders  for
   certain sexual offenses in criminal court (Part AA); to amend the real
   property  tax law, in relation to requiring excess proceeds from a tax
   foreclosure sale to be returned to the former  owner,  delinquent  tax
   interest  rates  and establishing a homeowner bill of rights; to amend
   the tax law, in relation to disclosure of STAR credit disclosures; and
   to amend chapter 602 of the laws of 1993 amending  the  real  property
   tax  law  relating  to the enforcement of the collection of delinquent
   real property taxes and to  the  collection  of  taxes  by  banks,  in
   relation to the effectiveness thereof (Part BB); to amend the alcohol-
   ic  beverage  control  law,  in  relation to alcohol in certain motion
   picture theatres, and providing for the repeal of such provisions upon
   the expiration thereof (Part CC); in relation to deeming  the  objects
   or purposes for which certain bonds were issued by the city of Buffalo
   to  be for the construction of a new police shooting range and author-
   izing the expenditure of the proceeds from such bonds for such objects
   or purposes (Subpart  A);  in  relation  to  deeming  the  objects  or
   purposes for which certain bonds were issued by the city of Buffalo to
   be for the construction of a new police shooting range and authorizing
   the  expenditure  of  the proceeds from such bonds for such objects or
   purposes (Subpart B); in relation to deeming the objects  or  purposes
   for  which  certain bonds were issued by the city of Buffalo to be for
   the construction of a new police training facility and authorizing the
   expenditure of the proceeds  from  such  bonds  for  such  objects  or
   purposes  (Subpart  C);  and  in  relation  to  deeming the objects or
   purposes for which certain bonds were issued by the city of Buffalo to
   be for the construction of a new police training  facility,  including
   planning  and  design work, related site improvements, and furnishings
 S. 8305--C                          3                         A. 8805--C
 
   and authorizing the expenditure of the proceeds from  such  bonds  for
   such objects or purposes (Subpart D)(Part DD); to amend the retirement
   and  social  security law, in relation to the establishment of twenty-
   five year retirement programs for members of the New York city employ-
   ees'  retirement  system  employed  as  fire protection inspectors and
   associate fire protection inspectors (Part EE);  to  amend  the  penal
   law,  in  relation  to  determining  the value of goods or merchandise
   stolen pursuant to a common scheme for the purpose  of  grand  larceny
   offenses; and in relation to exempting grand larceny offenses from the
   definition  of  persistent felony offender (Part FF); to amend part HH
   of chapter 56 of the laws of   2022   amending    the  retirement  and
   social  security  law  relating to waiving approval and income limita-
   tions on retirees employed in school districts and  board  of  cooper-
   ative  educational  services, in relation to the effectiveness thereof
   (Part GG); to  amend  the  retirement  and  social  security  law,  in
   relation   to  certain  disabilities  of  university  police  officers
   appointed by the state university of New York (Part HH); to amend  the
   administrative  code  of  the  city  of  New  York, in relation to the
   pensionable earnings of first grade  police  officers  (Part  II);  to
   amend  the  retirement  and  social  security  law, in relation to the
   calculation of past service credit for police officers employed by the
   division  of  law  enforcement  in  the  department  of  environmental
   protection  in  the city of New York transferring between the New York
   city employees' retirement system to the  New  York  state  and  local
   police  and fire retirement system (Part JJ); and to amend the retire-
   ment and social security law,  in  relation  to  extending  provisions
   setting certain member contribution rates (Part KK)

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement the state public protection and general govern-
 ment budget for the 2024-2025 state fiscal year. Each component is whol-
 ly contained within a Part identified as Parts A through KK. The  effec-
 tive  date  for  each particular provision contained within such Part is
 set forth in the last section of such Part. Any provision in any section
 contained within a Part, including the effective date of the Part, which
 makes a reference to a section "of this act", when  used  in  connection
 with that particular component, shall be deemed to mean and refer to the
 corresponding section of the Part in which it is found. Section three of
 this act sets forth the general effective date of this act.
 
                                  PART A
 
   Section 1.  The penal law is amended by adding a new section 120.19 to
 read as follows:
 § 120.19 ASSAULT ON A RETAIL WORKER.
   1.  A  PERSON  IS  GUILTY OF ASSAULT ON A RETAIL WORKER WHEN, WITH THE
 INTENT TO PREVENT A RETAIL WORKER FROM  PERFORMING  AN  ACT  WITHIN  THE
 SCOPE OF SUCH WORKER'S EMPLOYMENT, SUCH PERSON CAUSES PHYSICAL INJURY TO
 SUCH  RETAIL  WORKER AND THE PERSON KNEW OR REASONABLY SHOULD HAVE KNOWN
 THAT SUCH  INDIVIDUAL WAS A RETAIL WORKER.
   2. FOR THE PURPOSES OF THIS SECTION:
 S. 8305--C                          4                         A. 8805--C

   A. "RETAIL WORKER" SHALL MEAN ANY PERSON WHOSE USUAL PLACE OF WORK  IS
 A  RETAIL  ESTABLISHMENT.  THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, AN
 EMPLOYEE OF THE RETAIL ESTABLISHMENT, AN OWNER OF THE RETAIL  ESTABLISH-
 MENT,  OR  A PERSON WHO WORKS IN THE RETAIL ESTABLISHMENT UNDER ARRANGE-
 MENTS MADE BETWEEN THE PERSON AND THE ESTABLISHMENT.
   B.  "RETAIL ESTABLISHMENT" SHALL MEAN ANY PHYSICAL BUSINESS OR COMMER-
 CIAL ENTITY ENGAGED IN THE  SALE  OF  GOODS,  MERCHANDISE,  OR  SERVICES
 DIRECTLY TO CONSUMERS.
   ASSAULT ON A RETAIL WORKER IS A CLASS E FELONY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART B

   Section  1. The penal law is amended by adding a new section 165.66 to
 read as follows:
 § 165.66 FOSTERING THE SALE OF STOLEN GOODS.
   A PERSON IS GUILTY OF FOSTERING THE SALE OF  STOLEN  GOODS  WHEN  SUCH
 PERSON,  FOR  THE PURPOSES OF FINANCIAL GAIN, ACTING ALONE OR IN CONCERT
 WITH ANOTHER PERSON OR PERSONS:
   1. USES ANY INTERNET WEBSITE, APPLICATION, ONLINE MARKETPLACE, DIGITAL
 SERVICE, OR ANY OTHER PLATFORM OR VENUE, INCLUDING ANY  PHYSICAL  BUILD-
 ING, PUBLIC OR PRIVATE SPACE, OR LOCATION TO OFFER FOR SALE RETAIL GOODS
 OR MERCHANDISE WHICH ARE STOLEN OR UNLAWFULLY OBTAINED; AND
   2.  KNEW  OR  SHOULD  HAVE KNOWN THAT SUCH RETAIL GOODS OR MERCHANDISE
 WERE STOLEN OR UNLAWFULLY OBTAINED.
   FOSTERING THE SALE OF STOLEN GOODS IS A CLASS A MISDEMEANOR.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.
 
                                  PART C
 
   Section 1. Subdivision 3 of  section  485.05  of  the  penal  law,  as
 amended  by  section  3  of part R of chapter 55 of the laws of 2020, is
 amended to read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions of  this  chapter:  section  120.00  (assault  in  the  third
 degree);  section  120.05 (assault in the second degree); SECTION 120.06
 (GANG ASSAULT IN THE SECOND DEGREE); SECTION 120.07 (GANG ASSAULT IN THE
 FIRST DEGREE); section 120.10 (assault in  the  first  degree);  section
 120.12  (aggravated  assault  upon a person less than eleven years old);
 section 120.13 (menacing in the first degree); section 120.14  (menacing
 in  the  second  degree); section 120.15 (menacing in the third degree);
 section 120.20 (reckless endangerment in  the  second  degree);  section
 120.25  (reckless  endangerment  in  the  first  degree); SECTION 121.11
 (CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); section 121.12
 (strangulation in the second degree); section 121.13  (strangulation  in
 the  first  degree);  subdivision one of section 125.15 (manslaughter in
 the second degree); subdivision one,  two  or  four  of  section  125.20
 (manslaughter in the first degree); section 125.25 (murder in the second
 degree);  SECTION  125.26 (AGGRAVATED MURDER); SECTION 125.27 (MURDER IN
 THE FIRST DEGREE); section  120.45  (stalking  in  the  fourth  degree);
 section  120.50 (stalking in the third degree); section 120.55 (stalking
 in the second degree); section 120.60 (stalking in  the  first  degree);
 [subdivision  one of] SECTION 130.20 (SEXUAL MISCONDUCT); SECTION 130.25
 (RAPE IN THE THIRD DEGREE); SECTION 130.30 (RAPE IN THE SECOND  DEGREE);
 S. 8305--C                          5                         A. 8805--C
 
 section  130.35 (rape in the first degree); [subdivision one of] SECTION
 130.40 (CRIMINAL SEXUAL ACT IN THE THIRD DEGREE); SECTION 130.45 (CRIMI-
 NAL SEXUAL ACT IN THE SECOND DEGREE); section  130.50  (criminal  sexual
 act  in the first degree); [subdivision one of] SECTION 130.52 (FORCIBLE
 TOUCHING); SECTION 130.53  (PERSISTENT  SEXUAL  ABUSE);  SECTION  130.55
 (SEXUAL  ABUSE IN THE THIRD DEGREE); SECTION 130.60 (SEXUAL ABUSE IN THE
 SECOND DEGREE); section 130.65  (sexual  abuse  in  the  first  degree);
 [paragraph (a) of subdivision one of] SECTION 130.65-A (AGGRAVATED SEXU-
 AL  ABUSE IN THE FOURTH DEGREE); SECTION 130.66 (AGGRAVATED SEXUAL ABUSE
 IN THE THIRD DEGREE); section 130.67 (aggravated  sexual  abuse  in  the
 second  degree);  [paragraph  (a)  of subdivision one of] section 130.70
 (aggravated sexual abuse in the first degree); section 135.05  (unlawful
 imprisonment  in  the second degree); section 135.10 (unlawful imprison-
 ment in the first degree); section  135.20  (kidnapping  in  the  second
 degree); section 135.25 (kidnapping in the first degree); section 135.60
 (coercion  in  the third degree); section 135.61 (coercion in the second
 degree); section 135.65 (coercion in the first degree);  section  140.10
 (criminal  trespass in the third degree); section 140.15 (criminal tres-
 pass in the second degree); section 140.17  (criminal  trespass  in  the
 first  degree);  section  140.20 (burglary in the third degree); section
 140.25 (burglary in the second degree); section 140.30 (burglary in  the
 first  degree); section 145.00 (criminal mischief in the fourth degree);
 section 145.05 (criminal mischief in the third degree);  section  145.10
 (criminal  mischief  in  the  second  degree);  section 145.12 (criminal
 mischief in the first degree);  section  150.05  (arson  in  the  fourth
 degree);  section  150.10  (arson  in  the third degree); section 150.15
 (arson in the  second  degree);  section  150.20  (arson  in  the  first
 degree);  section  155.25 (petit larceny); section 155.30 (grand larceny
 in the fourth degree);  section  155.35  (grand  larceny  in  the  third
 degree);  section  155.40  (grand larceny in the second degree); section
 155.42 (grand larceny in the first degree); section 160.05  (robbery  in
 the  third  degree);  section  160.10  (robbery  in  the second degree);
 section 160.15 (robbery in the first degree); SECTION 230.34 (SEX  TRAF-
 FICKING);  SECTION 230.34-A (SEX TRAFFICKING OF A CHILD); section 240.25
 (harassment in the first  degree);  subdivision  one,  two  or  four  of
 section  240.30  (aggravated  harassment  in the second degree); SECTION
 240.50 (FALSELY REPORTING AN INCIDENT  IN  THE  THIRD  DEGREE);  SECTION
 240.55  (FALSELY  REPORTING  AN  INCIDENT IN THE SECOND DEGREE); SECTION
 240.60 (FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE);  SUBDIVISION
 ONE  OF  SECTION  265.03  (CRIMINAL POSSESSION OF A WEAPON IN THE SECOND
 DEGREE); SUBDIVISION ONE OF SECTION 265.04  (CRIMINAL  POSSESSION  OF  A
 WEAPON  IN  THE  FIRST  DEGREE); section 490.10 (soliciting or providing
 support for an act of terrorism in the second  degree);  section  490.15
 (soliciting  or  providing  support for an act of terrorism in the first
 degree); section 490.20 (making a terroristic  threat);  section  490.25
 (crime of terrorism); section 490.30 (hindering prosecution of terrorism
 in  the second degree); section 490.35 (hindering prosecution of terror-
 ism in the first degree); section 490.37 (criminal possession of a chem-
 ical weapon or biological weapon in the third  degree);  section  490.40
 (criminal  possession  of  a chemical weapon or biological weapon in the
 second degree); section 490.45 (criminal possession of a chemical weapon
 or biological weapon in the first degree); section 490.47 (criminal  use
 of  a chemical weapon or biological weapon in the third degree); section
 490.50 (criminal use of a chemical weapon or biological  weapon  in  the
 second  degree);  section  490.55  (criminal use of a chemical weapon or
 S. 8305--C                          6                         A. 8805--C
 
 biological weapon in the first degree); or any attempt or conspiracy  to
 commit any of the foregoing offenses.
   §  2.  Subdivision 3 of section 485.05 of the penal law, as amended by
 chapter 23 of the laws of 2024, is amended to read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions of  this  chapter:  section  120.00  (assault  in  the  third
 degree);  section  120.05 (assault in the second degree); SECTION 120.06
 (GANG ASSAULT IN THE SECOND DEGREE); SECTION 120.07 (GANG ASSAULT IN THE
 FIRST DEGREE); section 120.10 (assault in  the  first  degree);  section
 120.12  (aggravated  assault  upon a person less than eleven years old);
 section 120.13 (menacing in the first degree); section 120.14  (menacing
 in  the  second  degree); section 120.15 (menacing in the third degree);
 section 120.20 (reckless endangerment in  the  second  degree);  section
 120.25  (reckless  endangerment  in  the  first  degree); SECTION 121.11
 (CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); section 121.12
 (strangulation in the second degree); section 121.13  (strangulation  in
 the  first  degree);  subdivision one of section 125.15 (manslaughter in
 the second degree); subdivision one,  two  or  four  of  section  125.20
 (manslaughter in the first degree); section 125.25 (murder in the second
 degree);  SECTION  125.26 (AGGRAVATED MURDER); SECTION 125.27 (MURDER IN
 THE FIRST DEGREE); section  120.45  (stalking  in  the  fourth  degree);
 section  120.50 (stalking in the third degree); section 120.55 (stalking
 in the second degree); section 120.60 (stalking in  the  first  degree);
 [paragraph  (a) of subdivision one, paragraph (a) of subdivision two and
 paragraph (a) of subdivision three of] SECTION  130.20  (SEXUAL  MISCON-
 DUCT);  SECTION  130.25 (RAPE IN THE THIRD DEGREE); SECTION 130.30 (RAPE
 IN THE SECOND DEGREE);  section  130.35  (rape  in  the  first  degree);
 [former  subdivision  one  of section 130.35 (rape in the first degree);
 subdivision one of] FORMER SECTION 130.40; FORMER SECTION 130.45; former
 section 130.50; [subdivision one of] SECTION 130.52 (FORCIBLE TOUCHING);
 SECTION 130.53 (PERSISTENT SEXUAL ABUSE); SECTION 130.55  (SEXUAL  ABUSE
 IN  THE  THIRD  DEGREE);  SECTION  130.60  (SEXUAL  ABUSE  IN THE SECOND
 DEGREE); section 130.65 (sexual abuse in the first  degree);  [paragraph
 (a)  of subdivision one of] SECTION 130.65-A (AGGRAVATED SEXUAL ABUSE IN
 THE FOURTH DEGREE); SECTION 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD
 DEGREE); section 130.67 (aggravated sexual abuse in the second  degree);
 [paragraph  (a) of subdivision one of] section 130.70 (aggravated sexual
 abuse in the first degree); section 135.05 (unlawful imprisonment in the
 second degree); section  135.10  (unlawful  imprisonment  in  the  first
 degree);  section  135.20  (kidnapping  in  the  second degree); section
 135.25 (kidnapping in the first degree); section 135.60 (coercion in the
 third degree); section 135.61 (coercion in the second  degree);  section
 135.65 (coercion in the first degree); section 140.10 (criminal trespass
 in  the  third  degree); section 140.15 (criminal trespass in the second
 degree); section 140.17 (criminal trespass in the first degree); section
 140.20 (burglary in the third degree); section 140.25 (burglary  in  the
 second  degree);  section 140.30 (burglary in the first degree); section
 145.00 (criminal mischief in the fourth degree); section 145.05  (crimi-
 nal  mischief in the third degree); section 145.10 (criminal mischief in
 the second degree); section  145.12  (criminal  mischief  in  the  first
 degree);  section  150.05  (arson  in the fourth degree); section 150.10
 (arson in the  third  degree);  section  150.15  (arson  in  the  second
 degree);  section  150.20  (arson  in  the first degree); section 155.25
 (petit larceny); section 155.30 (grand larceny in  the  fourth  degree);
 section  155.35  (grand  larceny  in  the  third degree); section 155.40
 (grand larceny in the second degree); section 155.42 (grand  larceny  in
 S. 8305--C                          7                         A. 8805--C
 
 the first degree); section 160.05 (robbery in the third degree); section
 160.10  (robbery  in  the second degree); section 160.15 (robbery in the
 first degree); SECTION 230.34 (SEX TRAFFICKING); SECTION  230.34-A  (SEX
 TRAFFICKING  OF  A  CHILD);  section  240.25  (harassment  in  the first
 degree); subdivision one, two or  four  of  section  240.30  (aggravated
 harassment  in  the second degree); SECTION 240.50 (FALSELY REPORTING AN
 INCIDENT IN THE THIRD DEGREE);  SECTION  240.55  (FALSELY  REPORTING  AN
 INCIDENT  IN  THE  SECOND  DEGREE); SECTION 240.60 (FALSELY REPORTING AN
 INCIDENT IN THE FIRST DEGREE); SUBDIVISION ONE OF SECTION 265.03 (CRIMI-
 NAL POSSESSION OF A WEAPON IN THE SECOND  DEGREE);  SUBDIVISION  ONE  OF
 SECTION  265.04  (CRIMINAL  POSSESSION OF A WEAPON IN THE FIRST DEGREE);
 section 490.10 (soliciting or providing support for an act of  terrorism
 in  the  second degree); section 490.15 (soliciting or providing support
 for an act of terrorism in the first degree); section 490.20  (making  a
 terroristic threat); section 490.25 (crime of terrorism); section 490.30
 (hindering  prosecution  of  terrorism  in  the  second degree); section
 490.35 (hindering prosecution of terrorism in the first degree); section
 490.37 (criminal possession of a chemical weapon or biological weapon in
 the third degree); section 490.40 (criminal  possession  of  a  chemical
 weapon or biological weapon in the second degree); section 490.45 (crim-
 inal  possession  of a chemical weapon or biological weapon in the first
 degree); section 490.47 (criminal use of a chemical weapon or biological
 weapon in the third degree); section 490.50 (criminal use of a  chemical
 weapon or biological weapon in the second degree); section 490.55 (crim-
 inal use of a chemical weapon or biological weapon in the first degree);
 or any attempt or conspiracy to commit any of the foregoing offenses.
   §  3. Subdivision 5 of section 216 of the judiciary law, as amended by
 section 1 of subpart C of part VV of chapter 56 of the laws of 2023,  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  A HATE CRIME WAS CHARGED;
 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 recogni-
 zance;  the  number  of individuals 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  division  of criminal justice services may find
 necessary and appropriate.  Further,  the  chief  administrator  of  the
 courts  shall  collect  data  and  report every month regarding pretrial
 commitments to local correctional facilities. Such  data  shall  include
 but  not  be limited to age, gender, racial and ethnic background of the
 principal; both beginning and end dates of pretrial  commitment  to  the
 custody of the sheriff; total days of pretrial commitment to the custody
 of  the  sheriff;  the  type of commitment ordered by the court; the top
 charge at arrest and arraignment; and whether  the  principal  had  been
 previously  released  from custody in the case. Such report shall aggre-
 gate the data collected by  county;  court,  including  city,  town  and
 village  courts;  and  judge.  The  data shall be aggregated in order to
 S. 8305--C                          8                         A. 8805--C
 
 protect the identity of  individual  defendants.  The  report  shall  be
 released  publicly  and published on the websites of the office of court
 administration and the division of criminal justice services. The  first
 report  shall  be  published  twelve months after this subdivision shall
 have become a law, and shall include data  from  the  first  six  months
 following  the enactment of this section. Reports for subsequent periods
 shall be published every six months thereafter; provided, however,  that
 the   pretrial  detention  admissions  and  discharges  report  will  be
 published every month.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law; provided, however, that the provisions of section two
 of this act shall take effect on the same date and in the same manner as
 chapter 23 of the laws of 2024, takes effect; provided further, however,
 that  the  provisions  of section three of this act shall take effect on
 the one hundred eightieth day after it shall have become a law.
 
                                  PART D
 
   Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
 the correction law, the governor is  authorized  to  close  up  to  five
 correctional  facilities  of the department of corrections and community
 supervision, in the state fiscal year 2024-2025, as the governor  deter-
 mines  to be necessary for the cost-effective and efficient operation of
 the correctional system, provided that the governor provides at least 90
 days notice prior to any such closures to the temporary president of the
 senate and the speaker of the assembly. Such notice  shall  include  the
 list  of facilities the governor plans to close, the number of incarcer-
 ated individuals in said facilities, and the number of staff working  in
 said  facilities.  The  commissioner of corrections and community super-
 vision shall also report in detail to the  temporary  president  of  the
 senate  and  the  speaker  of the assembly on the results of staff relo-
 cation efforts within 60 days after such closure.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2024 and shall
 expire and be deemed repealed March 31, 2025.
 
                                  PART E
 
   Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
 law,  as  amended  by  section  1 of part G of chapter 55 of the laws of
 2022, is amended to read as follows:
   (b) The sum of one million  five  hundred  thousand  dollars  must  be
 deposited into the New York state emergency services revolving loan fund
 annually;  provided,  however, that such sums shall not be deposited for
 state fiscal years two thousand eleven--two thousand twelve,  two  thou-
 sand  twelve--two thousand thirteen, two thousand fourteen--two thousand
 fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
 sixteen--two  thousand  seventeen,  two thousand seventeen--two thousand
 eighteen, two thousand eighteen--two  thousand  nineteen,  two  thousand
 nineteen--two  thousand  twenty, two thousand twenty--two thousand twen-
 ty-one, two thousand twenty-one--two thousand twenty-two,  two  thousand
 twenty-two--two  thousand twenty-three, [and] two thousand twenty-three-
 -two thousand twenty-four, TWO THOUSAND TWENTY-FOUR--TWO THOUSAND  TWEN-
 TY-FIVE, AND TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX;
   §  2.  This act shall take effect April 1, 2024; provided, however, if
 this act shall become a law after such date it shall take  effect  imme-
 S. 8305--C                          9                         A. 8805--C
 
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2024.
 
                                  PART F
 
   Section 1. Legislative purpose. The objective of this act, which shall
 be  referred  to  as  the  "New York State Judicial Security Act", is to
 improve the safety and security of judges of the courts of  the  unified
 court  system and of the federal courts sitting in New York state and of
 their immediate families. Greater confidence in  their  personal  safety
 and security, and in that of their family members, will enable the judi-
 ciary  to perform its duties fairly without fear of personal reprisal by
 litigants and others affected by the decisions of judges.
   This objective will be accomplished by providing a means by which  (i)
 private  information concerning active and former judges and their imme-
 diate families can be kept from public display; and (ii) persons,  busi-
 nesses, associations, and public and private agencies having such infor-
 mation  can  be forbidden from posting it, or sharing or trading it with
 others.
   This act shall be  broadly  construed  to  favor  protections  of  the
 private  information  of those persons designated hereunder as "eligible
 individuals".
   § 2. The judiciary law is amended by adding a new article 22-C to read
 as follows:
                               ARTICLE 22-C
                   NEW YORK STATE JUDICIAL SECURITY ACT
 SECTION 859. NEW YORK STATE JUDICIAL SECURITY ACT.
   § 859. NEW YORK STATE JUDICIAL SECURITY ACT. 1. DEFINITIONS.  AS  USED
 IN THIS ARTICLE:
   (A) "ELIGIBLE INDIVIDUAL" SHALL MEAN AN ACTIVELY EMPLOYED OR FORMER:
   (I) JUDGE OR JUSTICE OF THE UNIFIED COURT SYSTEM OR JUDGE OF THE HOUS-
 ING PART OF THE CIVIL COURT OF THE CITY OF NEW YORK; OR
   (II) A FEDERAL JUDGE, WHICH SHALL INCLUDE A FEDERAL JUDGE OR A SENIOR,
 RECALLED,  OR  RETIRED  FEDERAL JUDGE SITTING OR MAINTAINING CHAMBERS IN
 NEW YORK, WHERE SUCH FEDERAL JUDGE MEANS:
   (A) A JUSTICE OF THE UNITED STATES OR A JUDGE OF THE UNITED STATES, AS
 THOSE TERMS ARE DEFINED IN SECTION 451 OF TITLE 28, UNITED STATES CODE;
   (B) A BANKRUPTCY JUDGE APPOINTED UNDER SECTION 152 OF TITLE 28, UNITED
 STATES CODE;
   (C) A UNITED STATES MAGISTRATE JUDGE APPOINTED UNDER  SECTION  631  OF
 TITLE 28, UNITED STATES CODE;
   (D)  A  JUDGE  CONFIRMED  BY THE UNITED STATES SENATE AND EMPOWERED BY
 STATUTE IN ANY COMMONWEALTH, TERRITORY, OR  POSSESSION  TO  PERFORM  THE
 DUTIES OF A FEDERAL JUDGE;
   (E)  A  JUDGE  OF  THE UNITED STATES COURT OF FEDERAL CLAIMS APPOINTED
 UNDER SECTION 171 OF TITLE 28, UNITED STATES CODE;
   (F) A JUDGE OF THE UNITED STATES COURT OF APPEALS FOR VETERANS  CLAIMS
 APPOINTED UNDER SECTION 7253 OF TITLE 38, UNITED STATES CODE;
   (G) A JUDGE OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
 APPOINTED UNDER SECTION 942 OF TITLE 10, UNITED STATES CODE;
   (H)  A  JUDGE  OF  THE UNITED STATES TAX COURT APPOINTED UNDER SECTION
 7443 OF THE INTERNAL REVENUE CODE OF 1986; OR
   (I) A SPECIAL TRIAL JUDGE OF THE UNITED  STATES  TAX  COURT  APPOINTED
 UNDER SECTION 7443A OF THE INTERNAL REVENUE CODE OF 1986.
   (B)  "IMMEDIATE  FAMILY" SHALL MEAN, FOR EACH ELIGIBLE INDIVIDUAL, THE
 SPOUSE, FORMER SPOUSE, PARENT, CHILD, AND SIBLING.
 S. 8305--C                         10                         A. 8805--C
 
   (C) "PERSONAL INFORMATION" SHALL INCLUDE THE FOLLOWING FOR AN ELIGIBLE
 INDIVIDUAL AND, IF SUCH INDIVIDUAL SO INDICATES AS PROVIDED IN  SUBPARA-
 GRAPH  (II) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, FOR THE
 MEMBERS OF THEIR IMMEDIATE FAMILY: (I) HOME ADDRESS,  INCLUDING  PRIMARY
 RESIDENCE  AND  SECONDARY  RESIDENCES;  (II)  UNLISTED TELEPHONE NUMBER;
 (III) PERSONAL CELL PHONE  NUMBER;  (IV)  PERSONAL  EMAIL  ADDRESS;  (V)
 SOCIAL  SECURITY  NUMBER;  (VI)  DRIVER'S  LICENSE NUMBER; (VII) LICENSE
 PLATE NUMBER; (VIII) MARITAL STATUS AND  IDENTITY  OF  ANY  PRESENT  AND
 FORMER  SPOUSE; (IX) IDENTITY OF CHILDREN UNDER THE AGE OF EIGHTEEN; (X)
 NAME AND ADDRESS OF A SCHOOL OR DAY CARE FACILITY ATTENDED BY AN IMMEDI-
 ATE FAMILY MEMBER; (XI) BANK ACCOUNT NUMBER; (XII) CREDIT OR DEBIT  CARD
 NUMBER; AND (XIII) PERSONAL IDENTIFICATION NUMBER (PIN).
   (D)  "CEASE  MAKING  PUBLIC THE PERSONAL INFORMATION" OF AN IDENTIFIED
 PERSON SHALL MEAN DELETING, REDACTING OR OTHERWISE REMOVING ANY EXISTING
 POSTING ON THE INTERNET AND ANY DISPLAY OR  PUBLICATION  IN  ANY  MEDIUM
 ACCESSIBLE  TO THE PUBLIC CONTAINING SUCH PERSONAL INFORMATION AND CEAS-
 ING THE SHARING, TRADING, OR TRANSFERRING OF SUCH  PERSONAL  INFORMATION
 WITH  OTHERS,  AS  IS  SPECIFIED  IN THE WRITTEN REQUEST OF THE ELIGIBLE
 INDIVIDUAL ON WHOSE BEHALF THE NOTIFICATION IS MADE.
   (E) "EXCLUDED ENTITY" MEANS A COMMERCIAL ENTITY ENGAGED IN THE FOLLOW-
 ING ACTIVITY:
   (I) REPORTING, NEWS-GATHERING, SPEAKING, OR OTHER ACTIVITY INTENDED TO
 INFORM THE PUBLIC ON MATTERS OF PUBLIC INTEREST OR PUBLIC CONCERN;
   (II) USING PERSONAL INFORMATION INTERNALLY, PROVIDING ACCESS TO  BUSI-
 NESSES  UNDER  COMMON  OWNERSHIP  OR AFFILIATED BY CORPORATE CONTROL, OR
 SELLING OR PROVIDING DATA FOR TRANSACTION OR  SERVICE  REQUESTED  BY  OR
 CONCERNING  THE  INDIVIDUAL  WHOSE  PERSONAL INFORMATION IS BEING TRANS-
 FERRED;
   (III) PROVIDING PUBLICLY AVAILABLE INFORMATION VIA REAL-TIME  OR  NEAR
 REAL-TIME ALERT SERVICES FOR HEALTH OR SAFETY PURPOSES;
   (IV)  ANY ACTIVITY WHERE THE COMMERCIAL ENTITY IS A CONSUMER REPORTING
 AGENCY SUBJECT TO THE FAIR CREDIT REPORTING  ACT  (15  U.S.C.  1681,  ET
 SEQ.);
   (V)  ANY  ACTIVITY WHERE THE COMMERCIAL ENTITY IS A FINANCIAL INSTITU-
 TION SUBJECT TO THE GRAMM-LEACH-BLILEY  ACT  (PUBLIC  LAW  106-102)  AND
 REGULATIONS IMPLEMENTING THAT ACT;
   (VI)  PROVIDING  411  DIRECTORY  ASSISTANCE  OR  DIRECTORY INFORMATION
 SERVICES, INCLUDING NAME, ADDRESS, AND TELEPHONE NUMBER, ON BEHALF OF OR
 AS A FUNCTION OF A TELECOMMUNICATIONS CARRIER;
   (VII) ANY ACTIVITY WHERE THE  COMMERCIAL  ENTITY  IS  SUBJECT  TO  THE
 PRIVACY  REGULATIONS  PROMULGATED  UNDER  SECTION  264(C)  OF THE HEALTH
 INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (42  U.S.C.  1320-D
 NOTE); AND
   (VIII)  THE  COLLECTION  AND SALE OR LICENSING OF PERSONAL INFORMATION
 INCIDENTAL TO CONDUCTING THE ACTIVITIES DESCRIBED IN THIS PARAGRAPH.
   (F) "PUBLIC AGENCY" SHALL MEAN AN AGENCY OF THE STATE OF NEW YORK  AND
 ANY OF ITS POLITICAL SUBDIVISIONS.
   2.  WRITTEN  REQUEST.    (A) AN ELIGIBLE INDIVIDUAL OR THEIR REPRESEN-
 TATIVE MAY SUBMIT A WRITTEN REQUEST TO THEIR EMPLOYER OR FORMER  EMPLOY-
 ER.  TO BE ENFORCEABLE, A WRITTEN REQUEST SHALL BE SIGNED BY AN ELIGIBLE
 INDIVIDUAL, OR THEIR REPRESENTATIVE, AND SPECIFY:
   (I) THOSE ITEMS OF PERSONAL INFORMATION THAT THE  ELIGIBLE  INDIVIDUAL
 WISHES TO BE KEPT FROM BEING MADE PUBLIC;
   (II)  THE  IDENTITY  OF MEMBERS OF THE ELIGIBLE INDIVIDUAL'S IMMEDIATE
 FAMILY AND WHETHER, FOR PURPOSES OF THE WRITTEN REQUEST, THEIR  PERSONAL
 S. 8305--C                         11                         A. 8805--C
 
 INFORMATION  SHOULD  BE  DEEMED TO INCLUDE THAT OF SUCH IMMEDIATE FAMILY
 MEMBERS; AND
   (III) EACH PERSON, BUSINESS, ASSOCIATION, AND PUBLIC OR PRIVATE AGENCY
 THAT  THE  ELIGIBLE  INDIVIDUAL  WISHES  TO  BAR  FROM MAKING PUBLIC THE
 PERSONAL INFORMATION OF SUCH ELIGIBLE INDIVIDUAL.
   (B) THE EMPLOYER MAY DEVELOP PROCEDURES TO REVIEW AND PROCESS  WRITTEN
 REQUESTS.
   (C)  (I)  IF  A  WRITTEN  REQUEST  HAS  BEEN PROPERLY SUBMITTED AND IS
 COMPLETE, THE EMPLOYER FOR AN ACTIVE OR FORMER JUDGE OR JUSTICE  OF  THE
 UNIFIED  COURT  SYSTEM  OR ACTIVE OR FORMER JUDGE OF THE HOUSING PART OF
 THE CIVIL COURT OF THE CITY OF NEW YORK, AS APPROPRIATE,  SHALL,  WITHIN
 FIVE  BUSINESS  DAYS OF RECEIPT OF SUCH WRITTEN REQUEST FROM AN ELIGIBLE
 INDIVIDUAL, NOTIFY EACH PERSON, BUSINESS,  ASSOCIATION,  AND  PUBLIC  OR
 PRIVATE  AGENCY IDENTIFIED IN THE WRITTEN REQUEST THAT (A) WITHIN SEVEN-
 TY-TWO HOURS OF RECEIPT OF SUCH NOTIFICATION, THAT SUCH PERSON,    BUSI-
 NESS, ASSOCIATION, AND PUBLIC OR PRIVATE AGENCY MUST CEASE MAKING PUBLIC
 THE  PERSONAL  INFORMATION OF THE ELIGIBLE INDIVIDUAL IDENTIFIED IN SUCH
 REQUEST, AND (B) THEY MUST MAKE REASONABLE EFFORTS TO  ENSURE  THAT  THE
 PERSONAL  INFORMATION  OF THE ELIGIBLE  INDIVIDUAL IS NOT MADE AVAILABLE
 ON ANY WEBSITE OR SUBSIDIARY WEBSITE CONTROLLED BY  THAT  PERSON,  BUSI-
 NESS,  OR  ASSOCIATION.  FOR PURPOSES OF THIS SUBPARAGRAPH, NOTIFICATION
 SHALL BE BY CERTIFIED MAIL, RETURN  RECEIPT  REQUESTED,  EITHER  AT  THE
 RECIPIENT'S  LAST  KNOWN  RESIDENCE (IF RECIPIENT IS A PERSON) OR AT THE
 RECIPIENT'S PRINCIPAL OFFICE (WHICH SHALL BE THE LOCATION AT  WHICH  THE
 OFFICE  OF  THE  CHIEF  EXECUTIVE  OFFICER OF THE RECIPIENT IS GENERALLY
 LOCATED).
   (II) IF A WRITTEN REQUEST HAS BEEN PROPERLY SUBMITTED AND IS COMPLETE,
 THE EMPLOYER OF AN ACTIVE OR FORMER FEDERAL JUDGE  OF  A  FEDERAL  COURT
 ESTABLISHED  IN  NEW YORK MAY NOTIFY EACH PERSON, BUSINESS, ASSOCIATION,
 AND PUBLIC OR PRIVATE AGENCY IDENTIFIED IN THE WRITTEN REQUEST THAT  (A)
 WITHIN  SEVENTY-TWO  HOURS  OF  RECEIPT  OF SUCH NOTIFICATION, THEY MUST
 CEASE MAKING PUBLIC THE PERSONAL INFORMATION OF THE ELIGIBLE  INDIVIDUAL
 IDENTIFIED IN SUCH REQUEST, AND (B) THEY MUST MAKE REASONABLE EFFORTS TO
 ENSURE  THAT  THE PERSONAL INFORMATION OF THE ELIGIBLE INDIVIDUAL IS NOT
 MADE AVAILABLE ON ANY WEBSITE OR SUBSIDIARY WEBSITE CONTROLLED  BY  THAT
 PERSON,  BUSINESS,  OR  ASSOCIATION.  FOR PURPOSES OF THIS SUBPARAGRAPH,
 NOTIFICATION MAY BE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,  EITHER
 AT  THE  RECIPIENT'S LAST KNOWN RESIDENCE (IF THE RECIPIENT IS A PERSON)
 OR AT THE RECIPIENT'S PRINCIPAL OFFICE (WHICH SHALL BE THE  LOCATION  AT
 WHICH  THE  OFFICE  OF  THE  CHIEF EXECUTIVE OFFICER OF THE RECIPIENT IS
 GENERALLY LOCATED).
   (III) NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH TO THE CONTRARY,
 SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH SHALL NOT APPLY TO:
   (A) DISPLAY OF THE PERSONAL INFORMATION OF AN ELIGIBLE  INDIVIDUAL  IF
 SUCH  INFORMATION  IS RELEVANT TO AND DISPLAYED AS PART OF A NEWS STORY,
 COMMENTARY, EDITORIAL, OR OTHER SPEECH ON A MATTER OF PUBLIC CONCERN;
   (B) PERSONAL INFORMATION  THAT  THE  ELIGIBLE  INDIVIDUAL  VOLUNTARILY
 PUBLISHES AFTER THE EFFECTIVE DATE OF THIS SECTION;
   (C)  PERSONAL  INFORMATION  RECEIVED  FROM  A PUBLIC AGENCY OR FROM AN
 AGENCY OF THE FEDERAL GOVERNMENT; AND
   (D) PERMISSIBLE USES OF PERSONAL INFORMATION PURSUANT TO THE  DRIVER'S
 PRIVACY PROTECTION ACT (18 U.S.C. § 2721 ET SEQ.), EXCEPT THAT NO ELIGI-
 BLE  INDIVIDUAL  MAKING  A  WRITTEN  REQUEST UNDER THIS ARTICLE SHALL BE
 DEEMED TO HAVE GIVEN EXPRESS CONSENT TO SHARE PERSONAL  INFORMATION  FOR
 THE PURPOSES OF 18 U.S.C. § 2721(B), UNLESS THE WRITTEN REQUEST CONTAINS
 AN EXPRESS DECLARATION TO THE CONTRARY.
 S. 8305--C                         12                         A. 8805--C
 
   3.  RECIPIENT  OF  NOTIFICATION  NOT  TO MAKE AN ELIGIBLE INDIVIDUAL'S
 PERSONAL INFORMATION PUBLIC.  AFTER A PERSON, BUSINESS, ASSOCIATION,  OR
 PUBLIC  OR  PRIVATE AGENCY HAS RECEIVED A NOTIFICATION PURSUANT TO PARA-
 GRAPH (C) OF SUBDIVISION TWO OF THIS SECTION, THEY SHALL  HAVE  SEVENTY-
 TWO  HOURS TO CEASE MAKING PUBLIC THE PERSONAL INFORMATION OF THE ELIGI-
 BLE INDIVIDUAL IDENTIFIED IN SUCH NOTIFICATION.
   4. (A) AN ELIGIBLE INDIVIDUAL MAY SEEK AN  INJUNCTION  OR  DECLARATORY
 RELIEF  IN A COURT OF COMPETENT JURISDICTION AGAINST A PERSON, BUSINESS,
 ASSOCIATION, OR PUBLIC OR PRIVATE AGENCY THAT, AFTER RECEIVING A NOTIFI-
 CATION PURSUANT TO PARAGRAPH (C) OF SUBDIVISION  TWO  OF  THIS  SECTION,
 FAILS  TO  TIMELY  COMPLY WITH THE REQUIREMENTS OF SUCH NOTIFICATION. IF
 THE COURT GRANTS SUCH INJUNCTIVE OR  DECLARATORY  RELIEF,  THE  AFFECTED
 PERSON,  BUSINESS,  ASSOCIATION,  OR AGENCY SHALL BE REQUIRED TO PAY THE
 ELIGIBLE INDIVIDUAL'S COSTS AND REASONABLE ATTORNEY'S FEES.
   (B) UPON A VIOLATION OF ANY ORDER GRANTING INJUNCTIVE  OR  DECLARATIVE
 RELIEF  OBTAINED  PURSUANT  TO  THIS SUBDIVISION, THE COURT ISSUING SUCH
 ORDER MAY: (I) WHERE THE VIOLATOR IS A PUBLIC AGENCY, IMPOSE A FINE  NOT
 EXCEEDING  ONE  THOUSAND  DOLLARS AND REQUIRE THE PAYMENT OF COURT COSTS
 AND REASONABLE ATTORNEY'S FEES; OR (II) WHERE THE VIOLATOR IS A  PERSON,
 BUSINESS,  ASSOCIATION, OR PRIVATE AGENCY, AWARD DAMAGES TO THE AFFECTED
 ELIGIBLE INDIVIDUAL IN AN AMOUNT UP TO A  MAXIMUM  OF  THREE  TIMES  THE
 ACTUAL DAMAGES, BUT NOT LESS THAN FOUR THOUSAND DOLLARS, AND REQUIRE THE
 PAYMENT OF COURT COSTS AND REASONABLE ATTORNEY'S FEES.
   5.    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE DEPARTMENT
 OF MOTOR VEHICLES RECEIVES A NOTIFICATION PURSUANT TO PARAGRAPH  (C)  OF
 SUBDIVISION  TWO OF THIS SECTION, SUCH DEPARTMENT SHALL COMPLY THEREWITH
 EXCEPT THAT, WHERE THE NOTIFICATION REQUIRES  THE  DEPARTMENT  TO  CEASE
 MAKING A PERSON'S ADDRESS PUBLIC, THE DEPARTMENT MAY MAKE THEIR BUSINESS
 ADDRESS PUBLIC.
   §  3.  Section 120.09 of the penal law, as added by chapter 148 of the
 laws of 2011, is amended to read as follows:
 § 120.09 Assault on a judge.
   A person is guilty of assault on a judge when, with intent  to  [cause
 serious  physical  injury  and] prevent a judge from performing official
 judicial duties, [he or she] SUCH PERSON causes serious physical  injury
 to  such judge.   For the purposes of this section, the term judge shall
 mean a judge of a court of record or a justice court.
   Assault on a judge is a class C felony.
   § 4. The penal law is amended by adding a new section 120.09-a to read
 as follows:
 § 120.09-A AGGRAVATED ASSAULT ON A JUDGE.
   A PERSON IS GUILTY OF AGGRAVATED ASSAULT ON A JUDGE WHEN, WITH  INTENT
 TO  CAUSE  SERIOUS  PHYSICAL  INJURY AND PREVENT A JUDGE FROM PERFORMING
 OFFICIAL JUDICIAL DUTIES, SUCH PERSON CAUSES SERIOUS PHYSICAL INJURY  TO
 SUCH  JUDGE. FOR THE PURPOSES OF THIS SECTION, THE TERM JUDGE SHALL MEAN
 A JUDGE OF A COURT OF RECORD OR A JUSTICE COURT.
   AGGRAVATED ASSAULT ON A JUDGE IS A CLASS B FELONY.
   § 5. The penal law is amended by adding a new section 240.33  to  read
 as follows:
 § 240.33 AGGRAVATED HARASSMENT OF A JUDGE.
   A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A JUDGE WHEN:
   1. WITH INTENT TO HARASS ANOTHER PERSON, THE ACTOR EITHER:
   (A)  COMMUNICATES, ANONYMOUSLY OR OTHERWISE, BY TELEPHONE, BY COMPUTER
 OR ANY OTHER ELECTRONIC MEANS, OR BY MAIL, OR BY TRANSMITTING OR  DELIV-
 ERING  ANY  OTHER FORM OF COMMUNICATION, A THREAT TO CAUSE PHYSICAL HARM
 TO, OR UNLAWFUL HARM TO THE PROPERTY OF, A PERSON  THE  ACTOR  KNOWS  OR
 S. 8305--C                         13                         A. 8805--C
 
 REASONABLY SHOULD KNOW IS A JUDGE, OR A MEMBER OF SUCH JUDGE'S IMMEDIATE
 FAMILY, AND THE ACTOR KNOWS OR REASONABLY SHOULD KNOW THAT SUCH COMMUNI-
 CATION  WILL  CAUSE  SUCH  JUDGE TO REASONABLY FEAR HARM TO SUCH JUDGE'S
 PHYSICAL  SAFETY OR PROPERTY, OR TO THE PHYSICAL SAFETY OR PROPERTY OF A
 MEMBER OF SUCH JUDGE'S IMMEDIATE FAMILY; OR
   (B) CAUSES A COMMUNICATION TO BE INITIATED ANONYMOUSLY  OR  OTHERWISE,
 BY  TELEPHONE, BY COMPUTER OR ANY OTHER ELECTRONIC MEANS, OR BY MAIL, OR
 BY TRANSMITTING OR DELIVERING ANY OTHER FORM OF COMMUNICATION, A  THREAT
 TO CAUSE PHYSICAL HARM TO, OR UNLAWFUL HARM TO THE PROPERTY OF, A PERSON
 THE  ACTOR  KNOWS  OR  REASONABLY SHOULD KNOW IS A JUDGE, OR A MEMBER OF
 SUCH JUDGE'S IMMEDIATE FAMILY, AND THE ACTOR KNOWS OR REASONABLY  SHOULD
 KNOW  THAT  SUCH  COMMUNICATION WILL CAUSE SUCH JUDGE TO REASONABLY FEAR
 HARM TO SUCH PERSON'S PHYSICAL SAFETY OR PROPERTY, OR  TO  THE  PHYSICAL
 SAFETY OR PROPERTY OF A MEMBER OF SUCH JUDGE'S IMMEDIATE FAMILY; OR
   2.  WITH  INTENT  TO  HARASS  OR  THREATEN A PERSON THE ACTOR KNOWS OR
 REASONABLY SHOULD KNOW IS A JUDGE OR A MEMBER OF SUCH JUDGE'S  IMMEDIATE
 FAMILY,  THE ACTOR MAKES A TELEPHONE CALL, WHETHER OR NOT A CONVERSATION
 ENSUES, WITH NO PURPOSE OF LEGITIMATE COMMUNICATION; OR
   3. WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM  A  PERSON  THE
 ACTOR  KNOWS  OR  REASONABLY  SHOULD KNOW IS A JUDGE OR A MEMBER OF SUCH
 JUDGE'S IMMEDIATE FAMILY, THE ACTOR STRIKES, SHOVES, KICKS, OR OTHERWISE
 SUBJECTS ANOTHER PERSON TO PHYSICAL CONTACT, OR ATTEMPTS OR THREATENS TO
 DO THE SAME BECAUSE OF A BELIEF OR PERCEPTION  REGARDING  SUCH  PERSON'S
 RACE,  COLOR,  NATIONAL  ORIGIN,  ANCESTRY,  GENDER,  GENDER IDENTITY OR
 EXPRESSION, RELIGION, RELIGIOUS  PRACTICE,  AGE,  DISABILITY  OR  SEXUAL
 ORIENTATION,  REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT;
 OR
   4. WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM  A  PERSON  THE
 ACTOR  KNOWS  OR  REASONABLY  SHOULD KNOW IS A JUDGE OR A MEMBER OF SUCH
 JUDGE'S IMMEDIATE FAMILY, THE ACTOR STRIKES, SHOVES, KICKS OR  OTHERWISE
 SUBJECTS  ANOTHER  PERSON  TO  PHYSICAL CONTACT THEREBY CAUSING PHYSICAL
 INJURY TO SUCH PERSON OR TO AN IMMEDIATE FAMILY MEMBER OF  SUCH  PERSON;
 OR
   5.  THE  ACTOR  COMMITS  THE  CRIME  OF HARASSMENT IN THE FIRST DEGREE
 AGAINST A PERSON THE ACTOR KNOWS OR REASONABLY SHOULD KNOW IS A JUDGE OR
 A MEMBER OF SUCH  JUDGE'S  IMMEDIATE  FAMILY  AND  HAS  PREVIOUSLY  BEEN
 CONVICTED  OF  THE CRIME OF HARASSMENT IN THE FIRST DEGREE AS DEFINED BY
 SECTION 240.25 OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS.
   FOR PURPOSES OF THIS SECTION: "JUDGE" SHALL MEAN A JUDGE OF A COURT OF
 RECORD OR A JUSTICE COURT; AND "IMMEDIATE FAMILY" SHALL  HAVE  THE  SAME
 MEANING AS DEFINED IN SECTION 120.40 OF THIS CHAPTER.
   AGGRAVATED HARASSMENT OF A JUDGE IS A CLASS E FELONY.
   §  6.  Section  3-220  of  the election law is amended by adding a new
 subdivision 8 to read as follows:
   8. WHERE A BOARD OF ELECTIONS  RECEIVES  A  NOTIFICATION  PURSUANT  TO
 PARAGRAPH  (C) OF SUBDIVISION TWO OF SECTION EIGHT HUNDRED FIFTY-NINE OF
 THE JUDICIARY LAW, SUCH  BOARD  OF  ELECTIONS  SHALL  COMPLY  WITH  SUCH
 NOTIFICATION,   EXCEPT THAT WHERE THE NOTIFICATION REQUIRES THE BOARD OF
 ELECTIONS TO CEASE MAKING A PERSON'S ADDRESS PUBLIC,  SUCH  BOARD  SHALL
 NOT  COMPLY  THEREWITH  FROM  THE DATE OF FILING OF ANY BALLOT ACCESS OR
 RELATED DOCUMENT CONTAINING SUCH ADDRESS UNTIL THIRTY   DAYS  AFTER  THE
 LAST DAY TO COMMENCE A SPECIAL PROCEEDING OR ACTION WITH RESPECT TO SUCH
 FILING.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 S. 8305--C                         14                         A. 8805--C
 
                                  PART G
 
   Section  1.  Section  8  of  the  cannabis  law  is amended to read as
 follows:
   § 8. Establishment of an office of cannabis management. There is here-
 by established, within the division of alcoholic  beverage  control,  an
 independent  office  of  cannabis management, which shall have exclusive
 jurisdiction to exercise the powers and duties provided by this chapter,
 EXCEPT AS EXPRESSLY AUTHORIZED IN SECTIONS SIXTEEN-A OF THIS ARTICLE AND
 ONE HUNDRED THIRTY-ONE OF THIS CHAPTER. The office  shall  exercise  its
 authority by and through an executive director.
   §  2.  Subdivision  8 of section 10 of the cannabis law, as amended by
 section 9 of part UU of chapter 56 of the laws of 2023,  is  amended  to
 read as follows:
   8. To conduct regulatory inspections [during normal business hours] of
 any place of business, including a vehicle used for such business, where
 medical cannabis, adult-use cannabis, cannabis, cannabis product, canna-
 binoid  hemp, hemp extract products, or any products marketed or labeled
 as such, are cultivated, processed, stored, distributed or sold  by  any
 person holding a registration, license, or permit under this chapter, or
 by  any  person who is engaging in activity for which a license would be
 required under this chapter.  For  the  purposes  of  this  subdivision,
 "place of business" shall not include a residence or other real property
 not otherwise held out as open to the public or otherwise being utilized
 in  a  business  or commercial manner or any private vehicle on or about
 the same such property, unless probable cause  exists  to  believe  that
 such  residence,  real property, or vehicle are being used in such busi-
 ness or commercial manner for the activity described herein.
   § 3. Subdivisions 3 and 5 of  section  11  of  the  cannabis  law,  as
 amended  by section 10 of part UU of chapter 56 of the laws of 2023, are
 amended to read as follows:
   3. To conduct regulatory inspections [during normal business hours] of
 any place of business, including a vehicle used for such business, where
 cannabis, cannabis product, cannabinoid hemp, hemp extract products,  or
 any  products  marketed  or  labeled as such, are cultivated, processed,
 manufactured, DISTRIBUTED, STORED, or sold, irrespective  of  whether  a
 registration, license, or permit has been issued under this chapter. For
 the  purposes of this subdivision, "place of business" shall not include
 a residence or other real property not otherwise held out as open to the
 public or otherwise being utilized in a business or commercial manner or
 any private vehicle on or about the same such property, unless  probable
 cause  exists  to believe that such residence, real property, or vehicle
 are being used in such business or commercial manner  for  the  activity
 described herein.
   5. To conduct regulatory inspections [during normal business hours] of
 any  registered,  licensed  or  permitted place of business, including a
 vehicle used for such business, where medical cannabis, adult-use canna-
 bis, cannabinoid hemp, hemp extract products, or any  products  marketed
 or  labeled  as  such, are cultivated, processed, stored, distributed or
 sold.  For the purposes of this subdivision, "place of  business"  shall
 not include a residence or other real property not otherwise held out as
 open  to the public or otherwise being utilized in a business or commer-
 cial manner or any private vehicle on or about the same  such  property,
 unless  probable cause exists to believe that such residence, real prop-
 erty, or vehicle are being used in such business  or  commercial  manner
 for the activity described herein.
 S. 8305--C                         15                         A. 8805--C

   §  4. Section 16 of the cannabis law is amended by adding a new subdi-
 vision 7 to read as follows:
   7.  ANY REQUEST FOR A TEMPORARY CLOSING ORDER OR A TEMPORARY RESTRAIN-
 ING ORDER TO BE ISSUED WITHOUT NOTICE IN CONNECTION WITH  AN  ACTION  OR
 PROCEEDING BROUGHT PURSUANT TO THIS SECTION OR SECTION SIXTEEN-A OF THIS
 ARTICLE  OR  SECTION  ONE  HUNDRED THIRTY-EIGHT-A OF THIS CHAPTER MAY BE
 FILED UNDER TEMPORARY SEAL PENDING ORDER OF THE COURT GRANTING OR REFUS-
 ING A PRELIMINARY INJUNCTION AND UNTIL FURTHER ORDER OF THE  COURT,  AND
 THE CLERK SHALL PROVIDE A SEALED INDEX NUMBER UPON REQUEST OF THE OFFICE
 OR  THE ATTORNEY GENERAL. IF TEMPORARY SEALING CANNOT BE IMPLEMENTED VIA
 THE COURT'S ELECTRONIC FILING SYSTEM, SUCH ACTION OR PROCEEDING SHALL BE
 PERMITTED BY THE COURT TO BE FILED THROUGH HARD COPY.
   § 5. Section 16-a of the cannabis law, as added by section 12 of  part
 UU of chapter 56 of the laws of 2023, is amended to read as follows:
   §  16-a. Emergency relief. Following service of [a notice of violation
 and] AN order ISSUED BY THE  OFFICE  OF  CANNABIS  MANAGEMENT  requiring
 immediate  cessation  of  unlicensed  activity  under this chapter, BY A
 LOCAL GOVERNMENT PURSUANT TO A  LOCAL  LAW  AUTHORIZED  BY  SECTION  ONE
 HUNDRED  THIRTY-ONE OF THIS CHAPTER OR PURSUANT TO AN ORDER ISSUED UNDER
 SECTION 7-552 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW  YORK,  the
 office  of  cannabis management, or the attorney general, at the request
 of and on behalf of the office,  OR  ANY  COUNTY  ATTORNEY,  CORPORATION
 COUNSEL, OR LOCAL GOVERNMENT AUTHORIZED PURSUANT TO SUBDIVISION EIGHT OF
 THIS SECTION TO BRING AND MAINTAIN A CIVIL PROCEEDING IN ACCORDANCE WITH
 THE PROCEDURES SET FORTH IN THIS SECTION, may bring and maintain a civil
 proceeding  in  the supreme court of the county in which the building or
 premises is located to permanently enjoin such unlicensed activity  when
 conducted,  maintained, or permitted in such building or premises, occu-
 pied as a place of business as described in subdivision eight of section
 ten of this chapter, in violation of subdivision one or one-a of section
 one hundred twenty-five of this chapter or subdivision eight of  section
 one  hundred thirty-two of this chapter, which shall constitute an unli-
 censed activity that presents a danger to the public health, safety, and
 welfare, and shall also enjoin the person or persons conducting or main-
 taining such unlicensed  activity,  in  accordance  with  the  following
 procedures:
   1.  Proceeding  for permanent injunction. (a) To the extent known, the
 owner, lessor, and lessee of a building or premises  wherein  the  unli-
 censed  activity  is  being conducted, maintained, or permitted shall be
 made defendants in the proceeding. The venue of such proceeding shall be
 in the county where the unlicensed activity is  being  conducted,  main-
 tained,  or permitted OR IN ANY VENUE WHERE A RESPONDENT IS LOCATED. The
 existence of an adequate remedy at law shall not prevent the granting of
 temporary or permanent relief pursuant to this section.
   (b) The proceeding shall name as defendants the building  or  premises
 wherein  the  unlicensed  activity  is  being  conducted, maintained, or
 permitted, by describing it by tax lot and street address and  at  least
 one of the owners of some part of or interest in the property.
   (c)  In  rem jurisdiction shall be complete over the building or prem-
 ises wherein the unlicensed activity is being conducted, maintained,  or
 permitted  by  affixing the notice of petition OR ORDER TO SHOW CAUSE to
 the door of the building or premises and by mailing the notice of  peti-
 tion  OR  ORDER  TO  SHOW  CAUSE by certified or registered mail, return
 receipt requested, to one of the owners of some part of or  interest  in
 the property. Proof of service shall be filed within two days thereafter
 with  the  clerk of the court designated in the notice of petition OR AS
 S. 8305--C                         16                         A. 8805--C
 
 SET BY THE COURT IN THE ORDER TO SHOW CAUSE.  In any county where e-fil-
 ing is unavailable, proof of service may be mailed to the clerk. Service
 shall be complete upon such filing or mailing.
   (d)  Defendants, other than the building or premises wherein the unli-
 censed activity is being conducted, maintained, or permitted,  shall  be
 served with the notice of petition OR ORDER TO SHOW CAUSE as provided in
 the  civil  practice  law  and rules or pursuant to court order. No more
 than thirty days prior to such service, the office shall mail a copy, by
 certified mail, of any [prior notice of violation or letter or] order to
 cease and desist relating to the unlicensed activity at the building  or
 premises  to  the  person  in whose name the real estate affected by the
 proceeding is recorded in the office of the city register or the  county
 clerk,  as the case may be, who shall be presumed to be the owner there-
 of. Such mailing shall constitute notice  to  the  owner  and  shall  be
 deemed to be complete upon such mailing by the office as provided above.
 No  more  than  fifteen days prior to such service, the office, [or] the
 attorney general, at the request of and  on  behalf  of  the  office  of
 cannabis  management,  OR  ANY  LOCAL  GOVERNMENT AUTHORIZED PURSUANT TO
 SUBDIVISION EIGHT OF THIS SECTION shall verify the ongoing occupancy  of
 any  natural person who is a tenant of record and alleged to have caused
 or permitted the unlicensed activity in the building or premises wherein
 the unlicensed activity is alleged to have been  conducted,  maintained,
 or  permitted.  [If  at any time such defendants vacate such building or
 premises, any action or proceeding filed in accordance with these proce-
 dures relating to such building or premises shall be withdrawn.]
   (e) With respect to any proceeding commenced or to be commenced pursu-
 ant to this section by the office of cannabis management or the attorney
 general, at the request of and on behalf  of  the  office,  may  file  a
 notice  of  pendency pursuant to the provisions of article sixty-five of
 the civil practice law and rules.
   (f) The person in whose name the real estate affected by the  proceed-
 ing  is recorded in the office of the city register or the county clerk,
 as the case may be, shall be presumed to  be  the  owner  thereof.  Upon
 being  served  in  a proceeding under this section, such owner shall, to
 the extent known, provide to the office of cannabis  management,  within
 three  days,  the  names of any other owners, lessors and lessees of the
 building or premises that is the subject of the proceeding.  Thereafter,
 such owners, lessors and lessees may be made parties to the proceeding.
   (g)  Whenever  there is evidence that a person was the manager, opera-
 tor, supervisor or, in any other way, in charge of the premises, at  the
 time the unlicensed activity was being conducted, maintained, or permit-
 ted,  such  evidence shall be presumptive that [he or she was] THEY WERE
 an agent or employee of the owner or lessee of the building or premises.
   (h) A DEFENDANT SHALL FURNISH TO ANY OTHER  PARTY,  WITHIN  FIVE  DAYS
 AFTER A DEMAND, A VERIFIED STATEMENT IDENTIFYING:
   (I)  IF  THE  RESPONDING  PARTY IS A NATURAL PERSON, SUCH PARTY'S: (1)
 FULL LEGAL NAME; (2) DATE OF BIRTH; (3) CURRENT HOME OR BUSINESS  STREET
 ADDRESS;  AND  (4)  A  UNIQUE  IDENTIFYING NUMBER FROM: (A) AN UNEXPIRED
 PASSPORT; (B) AN UNEXPIRED STATE DRIVER'S LICENSE; OR (C)  AN  UNEXPIRED
 IDENTIFICATION  CARD  OR  DOCUMENT ISSUED BY A STATE OR LOCAL GOVERNMENT
 AGENCY OR TRIBAL AUTHORITY FOR THE PURPOSE  OF  IDENTIFICATION  OF  THAT
 INDIVIDUAL;
   (II) IF THE RESPONDING PARTY IS A PARTNERSHIP, LIMITED LIABILITY PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR OTHER UNINCORPORATED ASSOCIATION,
 INCLUDING  A  FOR  PROFIT  OR  NOT-FOR-PROFIT MEMBERSHIP ORGANIZATION OR
 CLUB, THE INFORMATION REQUIRED PURSUANT  TO  SUBPARAGRAPH  (I)  OF  THIS
 S. 8305--C                         17                         A. 8805--C
 
 PARAGRAPH  FOR  EACH OF ITS PARTNERS OR MEMBERS, AS WELL AS THE STATE OR
 OTHER JURISDICTION OF ITS FORMATION;
   (III)  IF  THE  RESPONDING  PARTY IS A CORPORATION, ITS STATE OR OTHER
 JURISDICTION OF INCORPORATION, PRINCIPAL  PLACE  OF  BUSINESS,  AND  ANY
 STATE OR OTHER JURISDICTION OF WHICH THAT PARTY IS A CITIZEN;
   (IV)  IF THE RESPONDING PARTY IS NOT AN INDIVIDUAL, IN ADDITION TO ANY
 INFORMATION PROVIDED PURSUANT TO SUBPARAGRAPHS (II) AND  (III)  OF  THIS
 PARAGRAPH,  AND  TO  THE EXTENT NOT PREVIOUSLY PROVIDED, EACH BENEFICIAL
 OWNER OF THE RESPONDING PARTY BY: (1)  FULL  LEGAL  NAME;  (2)  DATE  OF
 BIRTH;  (3)  CURRENT  HOME  OR BUSINESS STREET ADDRESS; AND (4) A UNIQUE
 IDENTIFYING NUMBER FROM: (A) AN UNEXPIRED  PASSPORT;  (B)  AN  UNEXPIRED
 STATE DRIVER'S LICENSE; OR (C) AN UNEXPIRED IDENTIFICATION CARD OR DOCU-
 MENT  ISSUED  BY  A STATE OR LOCAL GOVERNMENT AGENCY OR TRIBAL AUTHORITY
 FOR THE PURPOSE OF IDENTIFICATION OF THAT INDIVIDUAL. AS  USED  IN  THIS
 SUBPARAGRAPH, THE TERM "BENEFICIAL OWNER" SHALL HAVE THE SAME MEANING AS
 DEFINED  IN  31  U.S.C.  §  5336(A)(3),  AS AMENDED, AND ANY REGULATIONS
 PROMULGATED THEREUNDER.
   (I) If a finding is made that the defendant has conducted, maintained,
 or permitted the unlicensed activity a penalty, to be  included  in  the
 judgment, may be awarded in an amount not to exceed ten thousand dollars
 for  each  day  it  is found that the defendant intentionally conducted,
 maintained or permitted the unlicensed  activity.  WITH  REGARD  TO  ANY
 DEFENDANT CONDUCTING THE REFERENCED UNLICENSED ACTIVITY, ANY SUCH PENAL-
 TIES  MAY  BE  AWARDED  IN ADDITION TO ANY PENALTIES THAT MAY BE IMPOSED
 PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF THIS CHAPTER. Upon  recov-
 ery, such penalty shall be paid to the office of cannabis management, OR
 TO  THE  COUNTY  ATTORNEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT THAT
 HAS BEEN AUTHORIZED PURSUANT TO SUBDIVISION EIGHT  OF  THIS  SECTION  TO
 BRING  AND MAINTAIN A CIVIL PROCEEDING IN ACCORDANCE WITH THE PROCEDURES
 SET FORTH IN THIS SECTION.
   2. Preliminary injunction. (a) Pending a proceeding  for  a  permanent
 injunction  pursuant  to  this section the court may grant a preliminary
 injunction enjoining the unlicensed activity and the person  or  persons
 conducting,  maintaining,  or  permitting  the  unlicensed activity from
 further conducting, maintaining, or permitting the unlicensed  activity,
 where  the  public  health,  safety  or welfare immediately requires the
 granting of such injunction. A temporary closing order  may  be  granted
 pending a hearing for a preliminary injunction where it appears by clear
 and  convincing  evidence  that  unlicensed activity within the scope of
 this section is being conducted, maintained, or permitted and  that  the
 public  health, safety or welfare immediately requires the granting of a
 temporary closing order. A temporary restraining order  may  be  granted
 pending a hearing for a preliminary injunction.
   (b)  A  preliminary  injunction shall be enforced by the office or, at
 the request of the office, the attorney general. At the request  of  the
 office,  a  police  officer  or peace officer with jurisdiction may also
 enforce the preliminary injunction.
   (c) The office or the attorney general shall show,  by  affidavit  and
 such other evidence as may be submitted, that there is a cause of action
 for a permanent injunction abating unlicensed activity.
   3.  Temporary  closing  order.  (a)  If, on a motion for a preliminary
 injunction alleging unlicensed activity as described in this section  in
 a  building or premises used for commercial purposes only, the office or
 the attorney general demonstrates by clear and convincing evidence  that
 such  unlicensed  activity  is being conducted, maintained, or permitted
 and that the public health, safety, or welfare  immediately  requires  a
 S. 8305--C                         18                         A. 8805--C
 
 temporary  closing  order,  a  temporary  order closing such part of the
 building  or  premises  wherein  such  unlicensed  activity   is   being
 conducted, maintained, or permitted may be granted without notice, pend-
 ing  order  of the court granting or refusing the preliminary injunction
 and until further order of the court.  ANY SUCH CLOSING ORDER  MAY  ALSO
 INCLUDE  A PRESERVATION ORDER AUTHORIZING ISSUANCE OF SUBPOENAS TO THIRD
 PARTIES TO PRESERVE ALL  OFF  SITE  ELECTRONIC  BUSINESS  RECORDS.  Upon
 granting  a  temporary closing order, the court shall direct the holding
 of a hearing for the preliminary injunction  at  the  earliest  possible
 time  but  no  later  than three business days from the granting of such
 order; a decision on the motion for a preliminary  injunction  shall  be
 rendered  by  the  court  within  [three]  FOUR  business days after the
 conclusion of the hearing.
   (b) Unless the court  orders  otherwise,  a  temporary  closing  order
 together with the papers upon which it was based and a notice of hearing
 for  the  preliminary injunction shall be personally served, in the same
 manner as a summons as provided in the civil practice law and rules.
   (c) A temporary closing order shall only be issued prior to a  hearing
 on  a  preliminary  injunction if the [building or] premises THAT IS THE
 SUBJECT OF THE CLOSURE ORDER is used for commercial purposes only.
   (d) No temporary closing order shall be issued against any building or
 premises where, in addition to the unlicensed activity which is alleged,
 activity that is licensed or otherwise lawful remains in  place,  UNLESS
 THE  LICENSED  OR  OTHERWISE LAWFUL ACTIVITY IS A DE MINIMIS PART OF THE
 BUSINESS.   In addition, no temporary  closing  order  shall  be  issued
 against  any building or premises which is used in part as residence and
 pursuant to local law or ordinance is zoned and lawfully occupied  as  a
 residence.
   4.  Temporary restraining order. (a) If, on a motion for a preliminary
 injunction alleging unlicensed activity as described in this section  in
 a  building  or premises used for commercial purposes, the office or the
 attorney general demonstrates by clear and convincing evidence that such
 unlicensed activity is being conducted,  maintained,  or  permitted  and
 that the public health, safety, or welfare immediately requires a tempo-
 rary  restraining  order,  a  temporary restraining order may be granted
 without notice restraining the defendants and all persons from  removing
 or  in  any  manner interfering with the furniture, fixtures and movable
 property used in conducting, maintaining or permitting  such  unlicensed
 activity,  including [adult-use] cannabis, CANNABIS PRODUCT, CANNABINOID
 HEMP OR HEMP EXTRACT PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH
 and from further conducting, maintaining or permitting  such  unlicensed
 activity,  pending  order of the court granting or refusing the prelimi-
 nary injunction and until further order of the court.   ANY SUCH  TEMPO-
 RARY RESTRAINING ORDER MAY ALSO INCLUDE A PRESERVATION ORDER AUTHORIZING
 ISSUANCE  OF  SUBPOENAS  TO THIRD PARTIES TO PRESERVE ALL OFF SITE ELEC-
 TRONIC BUSINESS RECORDS. Upon granting a  temporary  restraining  order,
 the  court  shall  direct  the  holding of a hearing for the preliminary
 injunction at the earliest possible time but no later than  three  busi-
 ness  days from the granting of such order; a decision on the motion for
 a preliminary injunction shall be rendered by the  court  within  [three
 business] THIRTY CALENDAR days after the conclusion of the hearing.
   (b)  Unless  the court orders otherwise, a temporary restraining order
 and the papers upon which it was based and a notice of hearing  for  the
 preliminary injunction shall be personally served, in the same manner as
 a  summons  as  provided  in  the civil practice law and rules, UPON ANY
 S. 8305--C                         19                         A. 8805--C

 AGENT, EMPLOYEE, OR OTHER REPRESENTATIVE OF THE DEFENDANT BUSINESS PRES-
 ENT AT THE TIME THE TEMPORARY RESTRAINING ORDER IS EFFECTUATED.
   5.  Temporary  closing  order; temporary restraining order; additional
 enforcement procedures. (a) If on a motion for a preliminary injunction,
 the office of  cannabis  management  or  the  attorney  general  submits
 evidence  warranting  both  a  temporary  closing  order and a temporary
 restraining order, the court shall grant both orders.
   (b) Upon the request of the office, any police officer or peace  offi-
 cer with jurisdiction may assist in the enforcement of a temporary clos-
 ing order and temporary restraining order. ANY REFERENCE TO POLICE OFFI-
 CER  OR PEACE OFFICER IN THIS SUBDIVISION AND SUBDIVISIONS SIX AND SEVEN
 OF THIS SECTION SHALL ALSO INCLUDE  ANY  INVESTIGATOR  EMPLOYED  BY  THE
 OFFICE OF THE ATTORNEY GENERAL.
   (c)  The  police  officer or peace officer serving a temporary closing
 order or a temporary restraining order shall forthwith make  and  return
 to  the  court an inventory of personal property situated in and used in
 conducting, maintaining, or permitting the  unlicensed  activity  within
 the  scope of this chapter and shall enter upon the building or premises
 for such purpose. Such inventory shall be taken in any manner  which  is
 deemed  likely  to  evidence  a  true and accurate representation of the
 personal property subject to such inventory including, but  not  limited
 to  photographing  such personal property, EXCEPT THAT ANY CASH FOUND ON
 THE PREMISES DURING SUCH INVENTORY SHALL  BE  INVENTORIED,  SEIZED,  AND
 SECURED  OFF  PREMISES  PENDING  FURTHER  ORDER OF THE COURT. ANY POLICE
 OFFICER OR PEACE OFFICER, OR ANY REPRESENTATIVE OF THE OFFICE, SHALL  BE
 PERMITTED TO REVIEW AND COPY RECORDS.
   (d)  The  police  officer or peace officer serving a temporary closing
 order shall, upon service of the order, command all persons  present  in
 the  building  or  premises  to  vacate the premises forthwith. Upon the
 building or premises being  vacated,  the  premises  shall  be  securely
 locked and all keys delivered to the officer serving the order who ther-
 eafter  [shall] MAY deliver the keys to the fee owner, lessor, or lessee
 of the building or premises involved.  If  the  fee  owner,  lessor,  or
 lessee  is  not  at  the  building  or  premises when the order is being
 executed, the officer shall securely padlock the premises and retain the
 keys until the fee owner, lessor, or lessee of the  building  is  ascer-
 tained, in which event, the officer [shall] MAY deliver the keys to such
 owner,  lessor,  or  lessee  OR RETAIN THEM PENDING FURTHER ORDER OF THE
 COURT.
   (e) Upon service of a temporary closing order or a temporary restrain-
 ing order, the police officer or peace officer shall post a copy thereof
 in a conspicuous place or upon one or more of  the  principal  doors  at
 entrances  of  such  premises  where  the  unlicensed  activity is being
 conducted, maintained, or permitted.  In  addition,  where  a  temporary
 closing  order has been granted, the officer shall affix, in a conspicu-
 ous place or upon one or more of the principal  doors  at  entrances  of
 such  premises,  a  printed notice that the premises have been closed by
 court order, which notice shall contain  the  legend  "closed  by  court
 order"  in  block  lettering of sufficient size to be observed by anyone
 intending or likely to enter the premises, the date of  the  order,  the
 court  from  which issued, and the name of the officer or agency posting
 the notice. In addition, where a temporary restraining  order  has  been
 granted,  the  police  officer or peace officer shall affix, in the same
 manner, a notice similar to the notice provided for  in  relation  to  a
 temporary  closing order except that the notice shall state that certain
 described activity is prohibited by court  order  and  that  removal  of
 S. 8305--C                         20                         A. 8805--C

 property  is  prohibited by court order. Mutilation or removal of such a
 posted order or such a posted notice while it remains in force, in addi-
 tion to any other punishment prescribed by law, shall be punishable,  on
 conviction,  by  a  fine  of  not  more than five thousand dollars or by
 imprisonment not exceeding ninety days, or by both, provided such  order
 or  notice contains therein a notice of such penalty. Any police officer
 or peace officer with jurisdiction may, upon the request of the  office,
 assist in the enforcement of this section.
   6.  Temporary  closing order; temporary restraining order; defendant's
 remedies. (a) A temporary closing order or a temporary restraining order
 [shall] MAY be vacated, upon notice to the  office  AND  TO  ANY  COUNTY
 ATTORNEY,  CORPORATION  COUNSEL,  OR LOCAL GOVERNMENT THAT MAY HAVE BEEN
 AUTHORIZED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION  TO  BRING  AND
 MAINTAIN  THE  PROCEEDING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN
 THIS SECTION, if [the] A defendant WHO IS  THE  FEE  OWNER,  LESSOR,  OR
 LESSEE  OF  THE  BUILDING  OR PREMISES shows by affidavit and such other
 proof as may be submitted that the unlicensed activity within the  scope
 of  this  chapter  has been abated AND THAT THEY ARE ALSO NOT AFFILIATED
 WITH THE PERSON WHO IS CONDUCTING  THE  UNLICENSED  ACTIVITY.  An  order
 vacating  a  temporary  closing  order  or a temporary restraining order
 shall include a provision authorizing the office, OR ANY  COUNTY  ATTOR-
 NEY, CORPORATION COUNSEL, OR LOCAL GOVERNMENT, AS APPLICABLE, to inspect
 the  building  or premises which is the subject of a proceeding pursuant
 to this subdivision, periodically without notice, during the pendency of
 the proceeding for the purpose of ascertaining whether or not the  unli-
 censed  activity  has  been resumed. Any police officer or peace officer
 with jurisdiction may, upon the request of the  office,  assist  in  the
 enforcement  of an inspection provision of an order vacating a temporary
 closing order or temporary restraining order.
   (b) A temporary closing order or a temporary restraining order may  be
 vacated by the court, upon notice to the office, OR ANY COUNTY ATTORNEY,
 CORPORATION  COUNSEL,  OR  LOCAL GOVERNMENT, AS APPLICABLE, when [the] A
 defendant ENTITLED TO REQUEST VACATUR PURSUANT TO PARAGRAPH (A) OF  THIS
 SUBDIVISION  gives  an  undertaking  and the court is satisfied that the
 public health, safety, or welfare will be  protected  adequately  during
 the  pendency  of  the proceeding. The undertaking shall be in an amount
 equal to the assessed valuation of the building or  premises  where  the
 unlicensed  activity  is being conducted, maintained, or permitted or in
 such other amount as may be fixed by the court. The defendant shall  pay
 to  the  office  and  the  attorney  general, in the event a judgment of
 permanent injunction is  obtained,  their  actual  costs,  expenses  and
 disbursements  in  bringing and maintaining the proceeding. In addition,
 the defendant shall pay to the local government or law enforcement agen-
 cy that provided assistance in enforcing any order of the  court  issued
 pursuant  to  a proceeding brought under this section, its actual costs,
 expenses and disbursements in assisting  with  the  enforcement  of  the
 proceeding.
   7.  Permanent  injunction. (a) A judgment awarding a permanent injunc-
 tion pursuant to this chapter shall direct that  any  illicit  cannabis,
 CANNABIS PRODUCT, CANNABINOID HEMP OR HEMP EXTRACT PRODUCT, OR ANY PROD-
 UCT  MARKETED  OR  LABELED  AS  SUCH  seized shall be turned over to the
 office of cannabis management or their  authorized  representative.  The
 judgment  may  further  direct  any police officer or peace officer with
 jurisdiction to seize and remove from the building or premises all mate-
 rial, equipment, and instrumentalities used in the creation and  mainte-
 nance  of the unlicensed activity and shall direct the sale by the sher-
 S. 8305--C                         21                         A. 8805--C

 iff of any such property in the manner provided for the sale of personal
 property under execution pursuant to the provisions of the  civil  prac-
 tice  law  and rules, IF THE ESTIMATED VALUE OF THE PROPERTY EXCEEDS THE
 ESTIMATED  LAWFUL EXPENSES OF SUCH SALE, OR THE DISPOSAL OF THE PROPERTY
 IF THE ESTIMATED VALUE OF THE PROPERTY DOES  NOT  EXCEED  THE  ESTIMATED
 LAWFUL  EXPENSES  OF SUCH SALE. The net proceeds of any such sale, after
 deduction of the lawful expenses involved, shall be paid to the  general
 fund of the state.
   (b)  A judgment awarding a permanent injunction pursuant to this chap-
 ter may direct the closing of the building or  premises  by  any  police
 officer  or  peace  officer with jurisdiction to the extent necessary to
 abate the unlicensed activity and shall direct  any  police  officer  or
 peace  officer  with  jurisdiction  to post a copy of the judgment and a
 printed notice of such closing conforming to the  requirements  of  this
 chapter.  The  closing directed by the judgment shall be for such period
 as the court may direct but in no event shall the closing be for a peri-
 od of more than one year from the posting of the judgment  provided  for
 in  this  section.    If the owner shall file a bond in the value of the
 property ordered to be closed and submits proof to the  court  that  the
 unlicensed activity has been abated and will not be created, maintained,
 or  permitted  for  such  period of time as the building or premises has
 been directed to be closed in the judgment, AND ALSO SUBMITS PROOF  THAT
 THEY ARE ALSO NOT AFFILIATED WITH THE PERSON WHO IS CONDUCTING THE UNLI-
 CENSED  ACTIVITY,  the  court  may vacate the provisions of the judgment
 that direct the closing of the building or  premises.  A  closing  by  a
 police  officer  or  peace  officer  with  jurisdiction  pursuant to the
 provisions of this section shall not constitute an  act  of  possession,
 ownership,  or  control  by  such police officer or peace officer of the
 closed premises.
   (c) Upon the request of the  office  of  cannabis  management  or  its
 authorized  representative, OR ANY COUNTY ATTORNEY, CORPORATION COUNSEL,
 OR LOCAL GOVERNMENT AUTHORIZED PURSUANT TO  SUBDIVISION  EIGHT  OF  THIS
 SECTION  TO BRING AND MAINTAIN A CIVIL PROCEEDING IN ACCORDANCE WITH THE
 PROCEDURES SET FORTH IN THIS SECTION, any police officer or peace  offi-
 cer with jurisdiction may assist in the enforcement of a judgment award-
 ing  a  permanent injunction entered in a proceeding brought pursuant to
 this chapter.
   (d) A judgment rendered awarding a permanent  injunction  pursuant  to
 this  chapter  shall  be and become a lien upon the building or premises
 named in the petition in such proceeding, such lien  to  date  from  the
 time of filing a notice of lis pendens in the office of the clerk of the
 county  wherein  the  building  or  premises is located. Every such lien
 shall have priority before any mortgage or other lien that exists  prior
 to such filing except tax and assessment liens.
   (e)  A judgment awarding a permanent injunction pursuant to this chap-
 ter shall provide, in addition to the costs and disbursements allowed by
 the civil practice law and rules, upon satisfactory proof  by  affidavit
 or  such  other evidence as may be submitted, the actual costs, expenses
 and disbursements of the office and the  attorney  general,  OR  OF  ANY
 COUNTY  ATTORNEY,  CORPORATION  COUNSEL,  OR LOCAL GOVERNMENT AUTHORIZED
 PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION TO BRING  AND  MAINTAIN  A
 CIVIL  PROCEEDING  IN  ACCORDANCE  WITH THE PROCEDURES SET FORTH IN THIS
 SECTION, in bringing and maintaining the proceeding.
   8. Civil proceedings. In addition to the  authority  granted  in  this
 section  to  the office of cannabis management and the attorney general,
 ANY county attorney, corporation counsel, or local government  in  which
 S. 8305--C                         22                         A. 8805--C
 
 such  building  or  premises  is  located  may, SEVEN DAYS OR MORE after
 PROVIDING NOTICE TO the office of cannabis management [grants permission
 in writing], bring and maintain a civil proceeding in the supreme  court
 of the county in which the building or premises is located to permanent-
 ly  enjoin  the  unlicensed  activity  described in this section and the
 person or persons conducting or maintaining such unlicensed activity, in
 accordance with the procedures set forth in  this  section.  The  office
 shall  be permitted to intervene as of right in any such proceeding. Any
 such governmental entity which obtains a permanent  injunction  pursuant
 to this chapter shall be awarded, in addition to the costs and disburse-
 ments  allowed  by  the  civil practice law and rules, upon satisfactory
 proof by affidavit or such other  evidence  as  may  be  submitted,  ANY
 PENALTIES  AWARDED PURSUANT TO PARAGRAPH (I) OF SUBDIVISION ONE OR PARA-
 GRAPH (E) OF SUBDIVISION FIVE OF THIS  SECTION  AND  the  actual  costs,
 expenses  and  disbursements in bringing and maintaining the proceeding.
 The authority provided by this subdivision shall be in addition to,  and
 shall  not  be  deemed  to diminish or reduce, any rights of the parties
 described in this section [under existing law] for any violation  pursu-
 ant to this chapter or any other law.
   §  6.  Subdivision  3 of section 17 of the cannabis law, as amended by
 section 13 of part UU of chapter 56 of the laws of 2023, is  amended  to
 read as follows:
   3. Notice and right of hearing as provided in the state administrative
 procedure act shall be served at least fifteen days prior to the date of
 the  hearing,  provided  that,  whenever because of danger to the public
 health, safety or welfare it appears prejudicial to the interests of the
 people of the state to delay action for fifteen days or with respect  to
 a  violation  of subdivision one or one-a of section one hundred twenty-
 five of this chapter, the board may serve the respondent with  an  order
 requiring  certain  action [or], the cessation of certain activities, OR
 THE SEALING OF A PREMISES immediately or within a  specified  period  of
 less  than fifteen days, IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAP-
 TER.  WHENEVER A NOTICE OF VIOLATION OR ORDER HAS BEEN SERVED, INCLUDING
 AN ORDER TO SEAL, THE RESPONDENT SHALL BE  PROVIDED  AN  OPPORTUNITY  TO
 REQUEST  A  HEARING PURSUANT TO THE PROCEDURES ESTABLISHED BY THE OFFICE
 AND IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE  ACT  AND  THE
 PROVISIONS OF THIS CHAPTER.
   §  7. Subdivisions 5, 6, 7 and 8 of section 17 of the cannabis law are
 renumbered subdivisions 7, 8, 9 and 10 and two new subdivisions 5 and  6
 are added to read as follows:
   5.  UPON  A  DEMAND  BY  THE OFFICE, A RESPONDENT SHALL FURNISH TO THE
 OFFICE, WITHIN FIVE DAYS AFTER A DEMAND, OR SOONER  IF  THE  HEARING  IS
 SCHEDULED LESS THAN FIVE DAYS FROM THE DATE OF DEMAND, A VERIFIED STATE-
 MENT SETTING FORTH:
   (A)  IF THE RESPONDENT IS A NATURAL PERSON, THE RESPONDENT'S: (I) FULL
 LEGAL NAME; (II) DATE OF BIRTH; (III) CURRENT HOME  OR  BUSINESS  STREET
 ADDRESS;  AND  (IV)  A  UNIQUE IDENTIFYING NUMBER FROM: (1) AN UNEXPIRED
 PASSPORT; (2) AN UNEXPIRED STATE DRIVER'S LICENSE; OR (3)  AN  UNEXPIRED
 IDENTIFICATION  CARD  OR  DOCUMENT ISSUED BY A STATE OR LOCAL GOVERNMENT
 AGENCY OR TRIBAL AUTHORITY FOR THE PURPOSE  OF  IDENTIFICATION  OF  THAT
 INDIVIDUAL;
   (B) IF THE RESPONDENT IS A PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP,
 LIMITED  LIABILITY COMPANY, OR OTHER UNINCORPORATED ASSOCIATION, INCLUD-
 ING A FOR PROFIT OR NOT-FOR-PROFIT MEMBERSHIP ORGANIZATION OR CLUB,  THE
 INFORMATION  REQUIRED  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION FOR
 S. 8305--C                         23                         A. 8805--C

 ALL OF ITS PARTNERS OR MEMBERS, AS WELL AS THE STATE OR OTHER  JURISDIC-
 TION OF ITS FORMATION;
   (C)  IF  THE RESPONDENT IS A CORPORATION, ITS STATE OR OTHER JURISDIC-
 TION OF INCORPORATION, PRINCIPAL PLACE OF BUSINESS,  AND  ANY  STATE  OR
 OTHER JURISDICTION OF WHICH THE RESPONDENT IS A CITIZEN;
   (D)  IF THE RESPONDENT IS NOT AN INDIVIDUAL, IN ADDITION TO ANY INFOR-
 MATION PROVIDED PURSUANT TO PARAGRAPHS (B) AND (C) OF THIS  SUBDIVISION,
 AND  TO THE EXTENT NOT PREVIOUSLY PROVIDED, EACH BENEFICIAL OWNER OF THE
 RESPONDENT BY: (I) FULL LEGAL NAME; (II) DATE OF  BIRTH;  (III)  CURRENT
 HOME  OR  BUSINESS  STREET ADDRESS; AND (IV) A UNIQUE IDENTIFYING NUMBER
 FROM: (1)  AN  UNEXPIRED  PASSPORT;  (2)  AN  UNEXPIRED  STATE  DRIVER'S
 LICENSE; OR (3) AN UNEXPIRED IDENTIFICATION CARD OR DOCUMENT ISSUED BY A
 STATE  OR LOCAL GOVERNMENT AGENCY OR TRIBAL AUTHORITY FOR THE PURPOSE OF
 IDENTIFICATION OF THAT INDIVIDUAL. AS USED IN  THIS  SECTION,  THE  TERM
 "BENEFICIAL OWNER" SHALL HAVE THE SAME MEANING AS DEFINED IN 31 U.S.C. §
 5336(A)(3), AS AMENDED, AND ANY REGULATIONS PROMULGATED THEREUNDER.
   6.  PRIOR  TO  A HEARING, THE OFFICE MAY, AT ITS DISCRETION, REQUEST A
 STAY OF ANY PROCEEDING AND THE BOARD OR THOSE DESIGNATED BY  THEM  SHALL
 GRANT SUCH REQUEST. THE INITIATION OF ANY ACTION, BY OR ON BEHALF OF THE
 OFFICE,  IN  STATE  OR  FEDERAL  COURT ON MATTERS DIRECTLY OR INDIRECTLY
 RELATED TO THE SUBJECT OF ANY PENDING ADMINISTRATIVE  PROCEEDING  SHALL,
 UPON  A REQUEST BY THE OFFICE, PROVIDE SUFFICIENT BASIS FOR AN IMMEDIATE
 STAY OF SUCH ADMINISTRATIVE PROCEEDING.
   § 8. Subdivision 8 of section 17 of the cannabis law,  as  amended  by
 section  13  of part UU of chapter 56 of the laws of 2023, and as renum-
 bered by section seven of this act, is amended to read as follows:
   8. Following a hearing, the board may make appropriate  determinations
 and  issue  a  final  order  in accordance therewith. ANY SUCH ORDER MAY
 INCLUDE FINANCIAL PENALTIES AS WELL AS INJUNCTIVE RELIEF,  INCLUDING  AN
 ORDER  TO SEAL A PREMISES IN ACCORDANCE WITH SECTION ONE HUNDRED THIRTY-
 EIGHT-B OF THIS CHAPTER. The respondent AND THE OFFICE shall have thirty
 days to submit a written appeal to the board. If  [the  respondent  does
 not]  ANY  PARTY  FAILS TO submit a written appeal within thirty days of
 the determination of the board the order shall be final.
   § 9. Subdivision 1 of section 125 of the cannabis law is amended and a
 new subdivision 1-b is added to read as follows:
   1. No person shall cultivate, process, distribute for sale or sell  at
 wholesale or retail or deliver to consumers any cannabis, cannabis prod-
 uct,  medical  cannabis  or cannabinoid hemp or hemp extract product, OR
 ANY PRODUCT MARKETED OR  LABELED  AS  SUCH,  within  the  state  without
 obtaining  the  appropriate  registration,  license,  or permit therefor
 required by this chapter unless otherwise authorized by law.
   1-B. ANY ACTIVITY CONDUCTED IN VIOLATION OF SUBDIVISION ONE  OR  ONE-A
 OF THIS SECTION PRESENTS A DANGER TO PUBLIC HEALTH, SAFETY, AND WELFARE.
   §  10.  Section  131  of  the  cannabis law is amended by adding a new
 subdivision 3 to read as follows:
   3. (A) AS USED IN THIS SUBDIVISION AND FOR PURPOSES OF ANY  LOCAL  LAW
 ADOPTED  PURSUANT  TO  IT,  THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS: "PERSON" SHALL HAVE THE MEANING PROVIDED  FOR  IN  SUBDIVISION
 FORTY-A  OF  SECTION  THREE OF THIS CHAPTER; "UNLICENSED ACTIVITY" SHALL
 REFER ONLY TO UNLAWFULLY SELLING  CANNABIS,  CANNABIS  PRODUCT,  OR  ANY
 PRODUCT  MARKETED  OR  LABELED AS SUCH WITHOUT OBTAINING THE APPROPRIATE
 REGISTRATION, LICENSE, OR PERMIT THEREFOR, OR ENGAGING  IN  AN  INDIRECT
 RETAIL  SALE; "INDIRECT RETAIL SALE" SHALL HAVE THE MEANING PROVIDED FOR
 IN SUBDIVISION FORTY-SIX-A OF SECTION THREE OF THIS CHAPTER, EXCEPT THAT
 IT SHALL NOT INCLUDE CANNABINOID HEMP OR HEMP EXTRACT PRODUCT; "PLACE OF
 S. 8305--C                         24                         A. 8805--C
 
 BUSINESS" SHALL NOT INCLUDE A  RESIDENCE  OR  OTHER  REAL  PROPERTY  NOT
 OTHERWISE  HELD OUT AS OPEN TO THE PUBLIC OR OTHERWISE BEING UTILIZED IN
 A BUSINESS OR COMMERCIAL MANNER, OR  ANY  VEHICLE  ASSOCIATED  WITH  THE
 BUSINESS,  UNLESS  PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH RESIDENCE,
 REAL PROPERTY, OR VEHICLE, IS BEING USED IN SUCH BUSINESS OR  COMMERCIAL
 MANNER FOR THE UNLICENSED ACTIVITY.
   (B) ANY COUNTY OR CITY MAY ADOPT A LOCAL LAW AUTHORIZING AN OFFICER OR
 AGENCY  TO  CONDUCT  REGULATORY  INSPECTIONS  OF  ANY  PLACE OF BUSINESS
 LOCATED WITHIN THE COUNTY OR CITY, INCLUDING A  VEHICLE  USED  FOR  SUCH
 BUSINESS,  NOT LISTED ON THE DIRECTORY MAINTAINED BY THE OFFICE PURSUANT
 TO SUBDIVISION THIRTEEN OF SECTION ELEVEN  OF  THIS  CHAPTER.  ANY  SUCH
 REGULATORY  INSPECTION  SHALL ONLY OCCUR DURING THE OPERATING HOURS OF A
 PLACE OF BUSINESS AND BE CONDUCTED FOR PURPOSES OF CIVIL  ADMINISTRATIVE
 ENFORCEMENT  WITH  RESPECT TO PREMISES LACKING APPLICABLE REGISTRATIONS,
 LICENSES OR PERMITS ISSUED PURSUANT TO THIS CHAPTER, AND IN  FURTHERANCE
 OF  ITS  PURPOSES, PROVIDED THAT NOTHING HEREIN SHALL LIMIT ANY ENFORCE-
 MENT ACTION UNDER LAW WHEN ILLEGAL ACTIVITY IS OBSERVED OR OCCURS DURING
 SUCH INSPECTION.
   (C) A LOCAL LAW ADOPTED BY A COUNTY AUTHORIZING REGULATORY INSPECTIONS
 SHALL NOT APPLY IN ANY CITY INCLUDED WITHIN THE BOUNDARIES OF SUCH COUN-
 TY THAT ADOPTS A LOCAL LAW  AUTHORIZING  REGULATORY  INSPECTIONS  WITHIN
 SUCH CITY.
   (D)  THE  LOCAL  LAW  ADOPTED  BY  A COUNTY OR A CITY PURSUANT TO THIS
 SUBDIVISION SHALL ALSO:
   (I) REQUIRE  PROCEDURES  SUFFICIENT  TO  ENSURE  THAT  ANY  REGULATORY
 INSPECTIONS  ARE CONDUCTED IN A REASONABLE MANNER, ARE ADMINISTRATIVE IN
 NATURE, DESIGNED TO DETECT ADMINISTRATIVE VIOLATIONS, IN FURTHERANCE  OF
 THE REGULATORY SCHEME ESTABLISHED PURSUANT TO THIS SECTION, AND DESIGNED
 TO GUARANTEE CERTAINTY AND REGULARITY OF APPLICATION;
   (II)  DESIGNATE A LOCAL OFFICIAL WHO SHALL SERVE AS THE LIAISON TO THE
 OFFICE AND WHO SHALL: (1) BE REQUIRED TO  ENSURE  THAT  UPDATES  TO  THE
 DIRECTORY  ARE  IMMEDIATELY INCORPORATED INTO THE LOCAL INSPECTION PROC-
 ESS, COORDINATE WITH THE OFFICE ON EFFORTS TO  INSPECT  SUCH  UNLICENSED
 BUSINESSES  AND  RELATED  LOCAL  ENFORCEMENT EFFORTS; (2) SEND BI-WEEKLY
 REPORTS TO THE OFFICE IN A MANNER AND FORMAT PRESCRIBED  BY  THE  OFFICE
 DETAILING  RECENT  ENFORCEMENT  EFFORTS, INCLUDING INFORMATION REGARDING
 THE NUMBER AND LOCATION OF INSPECTIONS CONDUCTED, NOTICES  OF  VIOLATION
 ISSUED,  AND  ORDERS  TO  SEAL  ISSUED  AND EXECUTED, AND THE AMOUNT AND
 NATURE OF THE CANNABIS, CANNABIS PRODUCTS, OR PRODUCTS MARKETED AS  SUCH
 SEIZED;  AND  (3)  SERVE  AS  THE  PRIMARY  CONTACT  FOR  THE  OFFICE IN
 CONNECTION WITH THE OFFICE'S TRAINING PROGRAM AND THE SHARING OF MATERI-
 ALS MADE AVAILABLE TO COUNTIES AND CITIES WITH REGARD TO THE  INSPECTION
 AND ENFORCEMENT OF UNLICENSED CANNABIS BUSINESSES;
   (III)  BE  FILED  WITH  THE OFFICE, AS WELL AS ANY PROCEDURES OR REGU-
 LATIONS PROMULGATED PURSUANT  TO  THE  LOCAL  LAW.  NOTWITHSTANDING  THE
 EFFECTIVE  DATE  OF  ANY  SUCH LOCAL LAW, THE LOCAL LAW SHALL NOT BECOME
 EFFECTIVE UNTIL TEN DAYS AFTER IT IS FILED WITH THE OFFICE;
   (IV) ESTABLISH A SYSTEM FOR RECEIVING COMPLAINTS  OF  SUCH  UNLICENSED
 ACTIVITY BY ANY BUSINESS WITHIN THE COUNTY OR CITY, AS THE CASE MAY BE;
   (V) PROVIDE THAT ANY PERSON WHO ENGAGES IN THE UNLAWFUL SALE OF CANNA-
 BIS, CANNABIS PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH, OR IN
 INDIRECT  RETAIL  SALES, SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS
 THAN ONE HUNDRED DOLLARS AND NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH
 DAY DURING WHICH SUCH VIOLATION CONTINUES, WITH A MAXIMUM PENALTY OF  NO
 MORE THAN TWENTY-FIVE THOUSAND DOLLARS. THE PENALTY PROVIDED FOR IN THIS
 SUBPARAGRAPH  MAY  BE RECOVERED BY AN ACTION OR PROCEEDING IN A COURT OF
 S. 8305--C                         25                         A. 8805--C
 
 COMPETENT JURISDICTION BROUGHT BY THE COUNTY OR CITY    TO  ENFORCE  THE
 NOTICE  OF  VIOLATION  REFERRED TO IN CLAUSE ONE OF SUBPARAGRAPH (VI) OF
 THIS PARAGRAPH; AND
   (VI)  PROVIDE THAT THE OFFICER OR AGENCY DESIGNATED TO CONDUCT REGULA-
 TORY INSPECTIONS OF ANY PLACE OF BUSINESS NOT LISTED  ON  THE  DIRECTORY
 MAINTAINED BY THE OFFICE SHALL HAVE THE AUTHORITY TO:
   (1) ISSUE A NOTICE OF VIOLATION AND ORDER TO CEASE UNLICENSED ACTIVITY
 SETTING FORTH THE NATURE OF THE UNLAWFUL CONDUCT ALONG WITH ANY FINES OR
 PENALTIES  FOR SUCH CONDUCT IN AMOUNTS NOT TO EXCEED THE FINES SET FORTH
 IN SUBPARAGRAPH (V) OF THIS PARAGRAPH AND ORDER ANY PERSON WHO IS UNLAW-
 FULLY SELLING CANNABIS, CANNABIS PRODUCT, OR  ANY  PRODUCT  MARKETED  OR
 LABELED AS SUCH WITHOUT OBTAINING THE APPROPRIATE REGISTRATION, LICENSE,
 OR  PERMIT  THEREFOR, OR ENGAGING IN INDIRECT RETAIL SALE, TO CEASE SUCH
 PROHIBITED CONDUCT, PROVIDED THAT ANY SUCH NOTICE OF VIOLATION AND ORDER
 TO CEASE UNLICENSED ACTIVITY MAY ONLY BE  ISSUED  AGAINST  THE  BUSINESS
 THAT IS CONDUCTING THE UNLICENSED ACTIVITY OR AN INDIVIDUAL OWNER OF THE
 BUSINESS. ANY NOTICE OF VIOLATION AND ORDER TO CEASE UNLICENSED ACTIVITY
 SHALL BE SERVED BY DELIVERY OF THE ORDER TO THE OWNER OF THE BUSINESS OR
 OTHER PERSON OF SUITABLE AGE OR DISCRETION IN ACTUAL OR APPARENT CONTROL
 OF THE PREMISES AT THE TIME OF THE INSPECTION AND SHALL BE POSTED AT THE
 BUILDING  OR  PREMISES THAT HAVE BEEN SEALED, SECURED AND CLOSED. A COPY
 OF THE ORDER SHALL ALSO BE MAILED TO ANY ADDRESS FOR THE  OWNER  OF  THE
 BUSINESS  AT  ANY  ADDRESS PROVIDED BY THE PERSON TO WHOM SUCH ORDER WAS
 DELIVERED PURSUANT TO THIS PARAGRAPH;
   (2) SEIZE ANY CANNABIS, CANNABIS PRODUCT, OR ANY PRODUCT  MARKETED  OR
 LABELED  AS  SUCH,  FOUND  IN  THE POSSESSION OF A PERSON ENGAGED IN THE
 CONDUCT DESCRIBED IN CLAUSE ONE OF THIS SUBPARAGRAPH AND IN THEIR  PLACE
 OF  BUSINESS, INCLUDING A VEHICLE USED FOR SUCH BUSINESS, PROVIDING THAT
 THE BUSINESS THAT IS CONDUCTING THE UNLICENSED ACTIVITY OR AN INDIVIDUAL
 OWNER OF THE BUSINESS, MAINTAIN DOCUMENTATION OF THE CHAIN OF CUSTODY OF
 SUCH SEIZED PRODUCTS, AND ENSURE THAT SUCH PRODUCTS ARE PROPERLY STORED,
 CATALOGUED, AND SAFEGUARDED UNTIL SUCH TIME  AS  THEY  MAY  PROPERLY  BE
 DESTROYED BY THE COUNTY OR THE CITY;
   (3)  ISSUE  AN  ORDER TO SEAL THE BUILDING OR PREMISES OF ANY BUSINESS
 ENGAGED IN UNLICENSED ACTIVITY, WHEN SUCH ACTIVITY IS  CONDUCTED,  MAIN-
 TAINED,  OR  PERMITTED IN SUCH BUILDING OR PREMISES, OCCUPIED AS A PLACE
 OF BUSINESS SUBJECT TO THE PROCEDURES AND REQUIREMENTS SET FORTH IN THIS
 SUBPARAGRAPH:
   A. THE OFFICER OR AGENCY MAY ISSUE AN ORDER TO SEAL WITH AN  IMMEDIATE
 EFFECTIVE  DATE  IF SUCH ORDER IS BASED UPON A FINDING BY THE OFFICER OR
 AGENCY OF AN IMMINENT THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE.
   B. ANY ORDER TO SEAL SHALL BE SERVED BY DELIVERY OF THE ORDER  TO  THE
 OWNER  OF  THE BUSINESS OR OTHER PERSON OF SUITABLE AGE OR DISCRETION IN
 ACTUAL OR APPARENT CONTROL OF THE PREMISES AT THE TIME OF THE INSPECTION
 AND SHALL BE POSTED AT THE BUILDING OR PREMISES THAT HAVE  BEEN  SEALED,
 SECURED  AND  CLOSED.  A  COPY  OF THE ORDER SHALL ALSO BE MAILED TO ANY
 ADDRESS FOR THE OWNER OF THE BUSINESS PROVIDED BY  THE  PERSON  TO  WHOM
 SUCH  ORDER  WAS  DELIVERED  PURSUANT TO THIS PARAGRAPH. THE ORDER SHALL
 REMAIN IN EFFECT PENDING A HEARING AND FINAL DETERMINATION OF  A  COURT,
 OR  UNTIL SUCH ORDER IS VACATED BY THE OFFICER OR AGENCY PURSUANT TO THE
 LOCAL LAW ADOPTED PURSUANT TO THIS SUBDIVISION. AN ORDER TO  SEAL  SHALL
 EXPLICITLY  STATE THAT A REQUEST FOR A HEARING MAY BE SUBMITTED IN WRIT-
 ING TO THE CORPORATION COUNSEL OR TO THE COUNTY ATTORNEY  AS  APPLICABLE
 WITHIN  SEVEN  DAYS.  UPON  RECEIVING  SUCH A REQUEST FOR A HEARING, THE
 CORPORATION COUNSEL OR COUNTY ATTORNEY SHALL FILE A COPY OF THE  REQUEST
 S. 8305--C                         26                         A. 8805--C
 
 WITH  THE  CLERK OF THE CITY COURT OR COUNTY COURT IN THE CITY OR COUNTY
 WHERE THE BUILDING OR PREMISES IS LOCATED.
   C.  THE  COURT  THAT RECEIVES NOTICE OF A REQUEST FOR A HEARING FROM A
 CORPORATION COUNSEL OR A COUNTY ATTORNEY SHALL  FIX  THE  DATE  OF  SUCH
 HEARING  NO  LATER THAN THREE BUSINESS DAYS FROM THE DATE SUCH NOTICE IS
 RECEIVED BY THE COURT AND PROVIDE NOTICE TO THE  PARTIES  OF  THE  DATE,
 TIME,  AND  LOCATION  OF THE HEARING. UPON SUCH DATE, OR UPON SUCH OTHER
 DATE TO WHICH THE PROCEEDING  MAY  BE  ADJOURNED  BY  AGREEMENT  OF  THE
 PARTIES,  THE  COURT SHALL HEAR TESTIMONY AND RECEIVE EVIDENCE PRESENTED
 BY THE PARTIES. THE CITY OR COUNTY, AS APPLICABLE, AND THE  PERSON  THAT
 REQUESTED  THE  HEARING  SHALL BE PARTIES TO THE PROCEEDING. WITHIN FOUR
 BUSINESS DAYS OF THE CONCLUSION OF THE HEARING, THE COURT SHALL  MAKE  A
 DETERMINATION AS TO: (I) WHETHER THE PERSON UPON WHICH THE ORDER TO SEAL
 WAS  ISSUED  WAS  ENGAGED  IN UNLICENSED ACTIVITY, (II) IF THE PERSON IS
 FOUND TO HAVE ENGAGED IN UNLICENSED ACTIVITY, THEN  WHETHER  SUCH  UNLI-
 CENSED ACTIVITY PRESENTS AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY AND
 WELFARE  ACCORDING  TO  SUBDIVISION  FOUR OF SECTION ONE HUNDRED THIRTY-
 EIGHT-B OF THIS ARTICLE, AND (III) WHETHER THE   UNLICENSED ACTIVITY  AS
 DESCRIBED IN THIS SECTION IS MORE THAN A DE MINIMIS PART OF THE BUSINESS
 ACTIVITY  ON  THE   PREMISES OR IN THE BUILDING TO BE SEALED PURSUANT TO
 THE ORDER. HOWEVER, WHEN AN ORDER TO SEAL HAS BEEN ISSUED UPON A  SECOND
 OR SUBSEQUENT INSPECTION IN WHICH UNLICENSED ACTIVITY IS CONFIRMED TO BE
 CONTINUING  MORE  THAN TEN CALENDAR DAYS AFTER A NOTICE OF VIOLATION AND
 ORDER TO CEASE UNLICENSED ACTIVITY WAS PREVIOUSLY ISSUED, THE COURT NEED
 ONLY DETERMINE: (I) WHETHER THE PERSON UPON WHICH THE ORDER TO SEAL  WAS
 ISSUED  WAS  ENGAGED  IN  UNLICENSED  ACTIVITY; (II) WHETHER A NOTICE OF
 VIOLATION AND ORDER TO CEASE UNLICENSED ACTIVITY HAD BEEN ISSUED  ELEVEN
 OR  MORE  DAYS  PRIOR  TO  THE  ISSUANCE OF THE ORDER TO SEAL; AND (III)
 WHETHER THE ORDER TO SEAL WAS ISSUED IN COMPLIANCE WITH PARAGRAPH (A) OF
 SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-EIGHT-B OF  THIS  ARTICLE.
 IF  THE  COURT DETERMINES THAT AN ORDER TO SEAL WAS NOT PROPERLY ISSUED,
 THE COURT SHALL VACATE SUCH ORDER. IF THE COURT  IS  SATISFIED  THAT  AN
 ORDER  TO  SEAL  WAS  PROPERLY  ISSUED,  THE COURT MAY RENDER A JUDGMENT
 AFFIRMING THE ISSUANCE OF AN ORDER TO SEAL, AND DIRECT  THE  CLOSING  OF
 THE  BUILDING  OR  PREMISES  BY ANY POLICE OFFICER OR PEACE OFFICER WITH
 JURISDICTION TO THE EXTENT NECESSARY TO ABATE  THE  UNLICENSED  ACTIVITY
 AND  SHALL  DIRECT ANY POLICE OFFICER OR PEACE OFFICER WITH JURISDICTION
 TO POST A COPY OF THE JUDGMENT AND A  PRINTED  NOTICE  OF  SUCH  CLOSING
 CONFORMING  TO THE REQUIREMENTS OF THIS CHAPTER. THE CLOSING DIRECTED BY
 THE JUDGMENT SHALL BE FOR SUCH PERIOD AS THE COURT MAY DIRECT BUT IN  NO
 EVENT  SHALL  THE CLOSING BE FOR A PERIOD OF MORE THAN ONE YEAR FROM THE
 POSTING OF THE JUDGMENT PROVIDED FOR IN THIS SECTION. FAILURE OF A PARTY
 THAT REQUESTED A HEARING TO APPEAR AT  THE  HEARING  WILL  RESULT  IN  A
 DEFAULT  AND ORDER OF SEALING TO REMAIN IN EFFECT FOR SUCH PERIOD AS THE
 COURT MAY DIRECT BUT IN NO EVENT SHALL THE ORDER  BE  IN  EFFECT  FOR  A
 PERIOD  OF  MORE  THAN  ONE YEAR FROM THE POSTING OF THE JUDGMENT UNLESS
 OTHERWISE VACATED PURSUANT TO THE LOCAL LAW  ADOPTED  PURSUANT  TO  THIS
 SUBDIVISION.
   D.  THE  LOCAL LAW ADOPTED PURSUANT TO THIS SUBDIVISION SHALL INCLUDE,
 WITHOUT ALTERATION THE PROVISIONS OF SUBDIVISIONS FOUR THROUGH TWELVE OF
 SECTION ONE HUNDRED  THIRTY-EIGHT-B  OF  THIS  ARTICLE.  ANY  PROVISIONS
 ADOPTED  BY A LOCAL LAW TO THE CONTRARY SHALL BE CONSIDERED SPECIFICALLY
 PREEMPTED BY THIS PARAGRAPH, PROVIDED HOWEVER  THAT  A  COUNTY  OR  CITY
 SHALL BE PERMITTED TO SUBSTITUTE THE OFFICER OR AGENCY AUTHORIZED BY THE
 COUNTY  OR  CITY  TO  CONDUCT  REGULATORY  INSPECTIONS  PURSUANT TO THIS
 SUBSECTION FOR ANY REFERENCE TO THE OFFICE OR BOARD;
 S. 8305--C                         27                         A. 8805--C
 
   (4) SEEK INJUNCTIVE RELIEF AGAINST ANY PERSON ENGAGING IN  CONDUCT  IN
 VIOLATION  OF  THIS  SECTION,  INCLUDING  THROUGH  AN ACTION PURSUANT TO
 SECTION SIXTEEN-A OF THIS CHAPTER.
   (E)  UPON  A  DEMAND  BY THE COUNTY OR CITY, A RESPONDENT OR DEFENDANT
 SHALL PROVIDE TO THE COUNTY OR CITY  PRIOR  TO  A  HEARING  PURSUANT  TO
 SUBPARAGRAPH  (V)  OF  PARAGRAPH  (D) OF THIS SUBDIVISION OR AN ORDER TO
 SEAL PURSUANT TO CLAUSE THREE OF SUBPARAGRAPH (VI) OF PARAGRAPH  (D)  OF
 THIS SUBDIVISION, WITHIN FIVE DAYS AFTER A DEMAND OR SOONER IF A HEARING
 IS  SCHEDULED  LESS  THAN  FIVE DAYS FROM THE DATE OF DEMAND, A VERIFIED
 STATEMENT SETTING FORTH:
   (I) IF THE RESPONDING PARTY IS A NATURAL  PERSON,  SUCH  PARTY'S:  (1)
 FULL  LEGAL  NAME;  (2)  DATE  OF BIRTH; (3) CURRENT  HOME  OR  BUSINESS
 STREET  ADDRESS;  AND (4) A UNIQUE IDENTIFYING NUMBER FROM: (A) AN UNEX-
 PIRED PASSPORT; (B) AN UNEXPIRED STATE DRIVER'S LICENSE; OR (C) AN UNEX-
 PIRED IDENTIFICATION CARD OR DOCUMENT ISSUED BY A STATE OR LOCAL GOVERN-
 MENT  AGENCY  OR  TRIBAL  AUTHORITY FOR THE PURPOSE OF IDENTIFICATION OF
 THAT INDIVIDUAL;
   (II) IF THE RESPONDING PARTY IS A PARTNERSHIP, LIMITED LIABILITY PART-
 NERSHIP, LIMITED LIABILITY COMPANY, OR OTHER UNINCORPORATED ASSOCIATION,
 INCLUDING  A  FOR  PROFIT  OR  NOT-FOR-PROFIT MEMBERSHIP ORGANIZATION OR
 CLUB, THE INFORMATION REQUIRED PURSUANT  TO  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH  FOR  ALL  OF ITS PARTNERS OR MEMBERS, AS WELL AS THE STATE OR
 OTHER JURISDICTION OF ITS FORMATION;
   (III)  IF  THE  RESPONDING  PARTY   IS   A CORPORATION, ITS  STATE  OR
 OTHER  JURISDICTION  OF INCORPORATION, PRINCIPAL   PLACE   OF  BUSINESS,
 AND ANY  STATE OR OTHER JURISDICTION OF WHICH THAT PARTY IS A CITIZEN;
   (IV)  IF  THE RESPONDING PARTY IS NOT AN INDIVIDUAL,  IN  ADDITION  TO
 ANY  INFORMATION  PROVIDED  PURSUANT  TO SUBPARAGRAPHS (II) AND (III) OF
 THIS PARAGRAPH, AND TO THE EXTENT NOT PREVIOUSLY PROVIDED, EACH  BENEFI-
 CIAL OWNER OF  THE  RESPONDING  PARTY  BY: (A) FULL LEGAL NAME; (B) DATE
 OF BIRTH; (C) CURRENT HOME OR BUSINESS STREET ADDRESS; AND (D) A  UNIQUE
 IDENTIFYING  NUMBER FROM: (1) AN UNEXPIRED PASSPORT;  (2)  AN  UNEXPIRED
 STATE DRIVER'S  LICENSE;  OR  (3) AN UNEXPIRED  IDENTIFICATION  CARD  OR
 DOCUMENT ISSUED BY A STATE OR LOCAL GOVERNMENT AGENCY OR TRIBAL AUTHORI-
 TY  FOR  THE  PURPOSE  OF  IDENTIFICATION OF THAT INDIVIDUAL. AS USED IN
 THIS SECTION, THE TERM "BENEFICIAL OWNER" SHALL HAVE THE SAME MEANING AS
 DEFINED IN 31 U.S.C. §  5336(A)(3),  AS  AMENDED,  AND  ANY  REGULATIONS
 PROMULGATED THEREUNDER.
   (F)  NOTWITHSTANDING  ANY PROVISION TO THE CONTRARY IN THIS SECTION, A
 CITY WITH A  POPULATION  OF  MORE  THAN  ONE  MILLION  MAY  ENFORCE  ANY
 VIOLATIONS,  ORDERS  TO  CEASE, AND ORDERS TO SEAL RELATED TO UNLICENSED
 ACTIVITY THROUGH AN ADMINISTRATIVE HEARING PROCESS.
   § 11. Title 7 of the administrative code of the city of  New  York  is
 amended by adding a new chapter 5-A to read as follows:
                                CHAPTER 5-A
                           CANNABIS ENFORCEMENT
 SECTION 7-551 CANNABIS LAW VIOLATION.
         7-552 LOCAL AUTHORITY RESPECTING UNLICENSED CANNABIS BUSINESSES.
         7-553 LOCAL AUTHORITY.
   § 7-551 CANNABIS  LAW  VIOLATION.  A.  ANY  PERSON  WHO ENGAGES IN ANY
 CONDUCT PROHIBITED BY SUBDIVISION ONE OR ONE-A OF  SECTION  ONE  HUNDRED
 TWENTY-FIVE OF THE CANNABIS LAW, EXCEPT TO THE EXTENT THAT SUCH SUBDIVI-
 SIONS APPLY TO CULTIVATION, PROCESSING, CANNABINOID HEMP OR HEMP EXTRACT
 PRODUCTS,  OR SUBDIVISION ONE OR EIGHT OF SECTION ONE HUNDRED THIRTY-TWO
 OF THE CANNABIS LAW, EXCEPT AS TO  THE  EXTENT  THAT  SUCH  SUBDIVISIONS
 SHALL  APPLY  TO CULTIVATION, SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
 S. 8305--C                         28                         A. 8805--C

 LESS THAN ONE HUNDRED DOLLARS AND NOT MORE THAN TEN THOUSAND DOLLARS FOR
 EACH DAY DURING WHICH SUCH VIOLATION CONTINUES, WITH A  MAXIMUM  PENALTY
 OF  NO MORE THAN TWENTY-FIVE THOUSAND DOLLARS WITH RESPECT TO EACH CIVIL
 SUMMONS,  PROVIDED  THAT ANY NOTICE OF VIOLATION AND PENALTY MAY ONLY BE
 ISSUED AGAINST THE BUSINESS THAT IS CONDUCTING THE  UNLICENSED  ACTIVITY
 OR  AN INDIVIDUAL OWNER OF THE BUSINESS. UPON DEFAULT BY REASON OF FAIL-
 URE TO APPEAR ON A DESIGNATED HEARING DATE OR A SUBSEQUENT DATE  FOLLOW-
 ING  AN  ADJOURNMENT,  THE  PENALTY  SHALL  BE TEN THOUSAND DOLLARS WITH
 RESPECT TO EACH CIVIL SUMMONS.
   B. THIS SECTION MAY BE ENFORCED BY THE OFFICE OF THE CITY SHERIFF.
   C. VIOLATIONS OF THIS SECTION  MAY  BE  ADJUDICATED  IN  A  PROCEEDING
 BEFORE  THE  OFFICE  OF  ADMINISTRATIVE  TRIALS AND HEARINGS PURSUANT TO
 CHAPTER FORTY-FIVE-A OF THE CHARTER, AND MAY BE ADJUDICATED BY ANY DIVI-
 SION OR TRIBUNAL DESIGNATED BY SUCH OFFICE. ANY DECISION OF SUCH  OFFICE
 IMPOSING A CIVIL PENALTY, WHETHER THE ADJUDICATION WAS HAD BY HEARING OR
 UPON  DEFAULT  OR  OTHERWISE,  SHALL  CONSTITUTE A JUDGMENT WHICH MAY BE
 ENTERED BY SUCH OFFICE IN THE CIVIL COURT OF THE CITY OF NEW YORK OR ANY
 OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN  THE  STATE
 AND  MAY BE ENFORCED WITHOUT COURT PROCEEDINGS IN THE SAME MANNER AS THE
 ENFORCEMENT OF MONEY  JUDGMENTS  ENTERED  IN  CIVIL  ACTIONS;  PROVIDED,
 HOWEVER, THAT NO SUCH JUDGMENT SHALL BE ENTERED WHICH EXCEEDS THE SUM OF
 TWENTY-FIVE  THOUSAND DOLLARS, AND THAT THE TERMS AND LIMITATIONS APPLI-
 CABLE TO ENTRY OF FINAL ORDERS IMPOSING PENALTIES  PURSUANT  TO  SECTION
 ONE  THOUSAND  FORTY-NINE-A OF THE CHARTER SHALL APPLY TO ENTRY OF FINAL
 ORDERS  IMPOSING  PENALTIES  PURSUANT  TO  THIS  SUBDIVISION;   PROVIDED
 FURTHER,  THAT CLAUSE (I) OF SUBPARAGRAPH (A) OF PARAGRAPH TWO OF SUBDI-
 VISION D OF SUCH SECTION MAY BE UTILIZED IN CONNECTION WITH  SERVICE  OF
 CIVIL  SUMMONSES  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF SUCH
 CLAUSE; AND PROVIDED STILL FURTHER,  THAT  SUCH  TERMS  AND  LIMITATIONS
 SHALL NOT BE DEEMED CONDITIONS UPON THE SERVICE OR ENFORCEMENT OF ORDERS
 OF THE OFFICE OF THE CITY SHERIFF, OR OF CIVIL SUMMONSES OTHER THAN AS A
 CONDITION OF ENTRY AS JUDGMENTS PURSUANT TO THIS SUBDIVISION.
   D.  THE  OFFICE  OF THE CITY SHERIFF MAY MOVE TO AMEND ANY JUDGMENT TO
 DESIGNATE A JUDGMENT DEBTOR BY THE CORRECT LEGAL NAME IN ACCORDANCE WITH
 RULES PROMULGATED BY THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS.
   E. PRIOR TO A HEARING, A RESPONDENT SHALL FURNISH TO THE OFFICE OF THE
 CITY SHERIFF, WITHIN FIVE DAYS AFTER A DEMAND, OR SOONER IF  PRACTICABLE
 WHERE  THE  HEARING  IS  SCHEDULED  LESS THAN FIVE DAYS FROM THE DATE OF
 DEMAND, A VERIFIED STATEMENT SETTING FORTH THE INFORMATION SPECIFIED  IN
 SUBDIVISION FIVE OF SECTION SEVENTEEN OF THE CANNABIS LAW.
   F.  AS  USED  IN  THIS  SECTION AND SECTION 7-552, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:  "UNLICENSED  ACTIVITY"  SHALL  REFER
 ONLY  TO  UNLAWFULLY  SELLING CANNABIS, CANNABIS PRODUCT, OR ANY PRODUCT
 MARKETED OR LABELED AS SUCH WITHOUT OBTAINING THE APPROPRIATE  REGISTRA-
 TION,  LICENSE,  OR  PERMIT  THEREFOR, OR ENGAGING IN AN INDIRECT RETAIL
 SALE; "INDIRECT RETAIL SALE" SHALL HAVE  THE  MEANING  PROVIDED  FOR  IN
 SUBDIVISION  FORTY-SIX-A  OF  SECTION  THREE OF THE CANNABIS LAW, EXCEPT
 THAT IT SHALL NOT INCLUDE CANNABINOID HEMP OR HEMP EXTRACT PRODUCT.
   § 7-552 LOCAL AUTHORITY RESPECTING UNLICENSED CANNABIS BUSINESSES.  A.
 THE OFFICE OF THE CITY SHERIFF SHALL HAVE THE AUTHORITY TO CONDUCT REGU-
 LATORY INSPECTIONS OF ANY PLACE OF BUSINESS, INCLUDING  A  VEHICLE  USED
 FOR  SUCH  BUSINESS,  WHERE  CANNABIS, CANNABIS PRODUCT, OR ANY PRODUCTS
 MARKETED OR LABELED AS SUCH, ARE SOLD, OR OFFERED TO BE SOLD,  WHERE  NO
 REGISTRATION,  LICENSE, OR PERMIT HAS BEEN ISSUED PURSUANT TO THE CANNA-
 BIS LAW. FOR THE PURPOSES OF THIS SUBDIVISION, "PLACE OF BUSINESS" SHALL
 NOT INCLUDE A RESIDENCE OR OTHER REAL PROPERTY NOT OTHERWISE HELD OUT AS
 S. 8305--C                         29                         A. 8805--C
 
 OPEN TO THE PUBLIC OR OTHERWISE BEING UTILIZED IN A BUSINESS OR  COMMER-
 CIAL  MANNER  OR ANY PRIVATE VEHICLE ON OR ABOUT THE SAME SUCH PROPERTY,
 UNLESS PROBABLE CAUSE EXISTS TO BELIEVE THAT SUCH RESIDENCE, REAL  PROP-
 ERTY,  OR  VEHICLE  ARE BEING USED IN SUCH BUSINESS OR COMMERCIAL MANNER
 FOR THE ACTIVITY DESCRIBED HEREIN. ANY SUCH REGULATORY INSPECTION SHALL:
   1. ONLY OCCUR DURING THE OPERATING HOURS OF A PLACE OF BUSINESS;
   2. BE CONDUCTED FOR PURPOSES OF CIVIL ADMINISTRATIVE ENFORCEMENT  WITH
 RESPECT  TO  PREMISES  LACKING  APPLICABLE  REGISTRATIONS,  LICENSES  OR
 PERMITS ISSUED PURSUANT TO THE CANNABIS LAW, AND IN FURTHERANCE  OF  THE
 PURPOSES  OF  SUCH  LAW,  PROVIDED  THAT  NOTHING HEREIN SHALL LIMIT ANY
 ENFORCEMENT ACTION UNDER LAW WHEN ILLEGAL ACTIVITY IS OBSERVED OR OCCURS
 DURING SUCH INSPECTION; AND
   3. BE IN ACCORDANCE WITH PROCEDURES  SUFFICIENT  TO  ENSURE  THAT  ANY
 REGULATORY  INSPECTIONS  ARE  CONDUCTED IN A REASONABLE MANNER, AND THAT
 SUCH PROCEDURES ARE ADMINISTRATIVE IN NATURE, DESIGNED TO DETECT  ADMIN-
 ISTRATIVE  VIOLATIONS,  IN  FURTHERANCE  OF THE REGULATORY SCHEME ESTAB-
 LISHED PURSUANT TO THIS SECTION, AND DESIGNED TO GUARANTEE CERTAINTY AND
 REGULARITY OF APPLICATION.
   B. THE OFFICE OF THE CITY SHERIFF SHALL HAVE THE AUTHORITY TO:
   1. ORDER ANY PERSON WHO IS ENGAGED IN CONDUCT  PROHIBITED  BY  SECTION
 7-551  TO CEASE SUCH PROHIBITED CONDUCT, PROVIDED THAT ANY SUCH ORDER TO
 CEASE MAY ONLY BE ISSUED AGAINST THE BUSINESS  THAT  IS  CONDUCTING  THE
 UNLICENSED ACTIVITY OR AN INDIVIDUAL OWNER OF THE BUSINESS;
   2. ISSUE AND EXECUTE AN ORDER TO SEAL A BUILDING OR PREMISES WHERE ANY
 PERSON  IS  ENGAGED  IN  CONDUCT  PROHIBITED  BY SECTION 7-551 AND WHICH
 EITHER POSES AN IMMINENT THREAT AS  DESCRIBED  IN  SUBDIVISION  FOUR  OF
 SECTION  ONE HUNDRED THIRTY-EIGHT-B OF THE CANNABIS LAW OR SATISFIES THE
 CONDITIONS SET FORTH IN SUBDIVISION FIVE OF SUCH SECTION WITH RESPECT TO
 CONTINUATION OF UNLICENSED ACTIVITY UPON A SUBSEQUENT  INSPECTION.  SUCH
 ORDER  TO SEAL SHALL BE SERVED IN THE SAME MANNER AS SECTION ONE HUNDRED
 THIRTY-EIGHT-B OF THE CANNABIS LAW. SUCH ORDER TO SEAL SHALL  BE  REFER-
 ENCED  IN  THE CIVIL SUMMONS ISSUED PURSUANT TO SECTION 7-551. WHEN SUCH
 AN ORDER AND CIVIL SUMMONS HAVE BEEN ISSUED,  THE  OFFICE  OF  THE  CITY
 SHERIFF SHALL HAVE THE SAME POWERS, AUTHORITIES, AND RESPONSIBILITIES AS
 PROVIDED  TO  THE  OFFICE  OF CANNABIS MANAGEMENT PURSUANT TO APPLICABLE
 PROVISIONS OF SECTION ONE HUNDRED THIRTY-EIGHT-B OF THE CANNABIS LAW NOT
 INCONSISTENT WITH THIS CHAPTER, PROVIDED THAT THE RETURN  DATE  OF  SUCH
 CIVIL  SUMMONS,  SPECIFYING  THE  HEARING  DATE  APPLICABLE TO THE CIVIL
 SUMMONS AND THE SEALING ORDER, SHALL BE WITHIN FIVE BUSINESS DAYS OF THE
 ISSUANCE OF SUCH SUMMONS AND ORDER, OR A LATER  DATE  REQUESTED  BY  THE
 RESPONDENT  IN  ACCORDANCE  WITH  THE  APPLICABLE RULES OF THE OFFICE OF
 ADMINISTRATIVE TRIALS AND HEARINGS. THE HEARING OFFICER OF THE OFFICE OF
 ADMINISTRATIVE TRIALS AND HEARINGS SHALL MAKE A  DETERMINATION  ON  SUCH
 CIVIL  SUMMONS,  WHICH  SHALL BE DEEMED A FINAL DECISION OF SUCH OFFICE,
 AND SHALL ALSO MAKE A RECOMMENDATION TO THE OFFICE OF THE  CITY  SHERIFF
 WITH  RESPECT  TO  WHETHER  SUCH  ORDER  TO  SEAL WAS PROPERLY ISSUED IN
 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE OFFICE OF  THE  CITY
 SHERIFF  SHALL THEREAFTER MAKE A DETERMINATION WITH RESPECT TO CONTINUA-
 TION OF SUCH ORDER TO SEAL UPON  REVIEW  OF  SUCH  RECOMMENDATION.  SUCH
 RECOMMENDATION  OF  THE OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS AND
 THE DETERMINATION OF THE OFFICE OF THE CITY SHERIFF  SHALL  BE  RENDERED
 WITHIN FOUR BUSINESS DAYS OF THE CONCLUSION OF SUCH HEARING; AND
   3.  SEIZE  AND  DESTROY, CONSISTENT WITH APPLICABLE LAW, ANY CANNABIS,
 CANNABIS PRODUCT, OR ANY PRODUCT MARKETED OR LABELED AS SUCH,  FOUND  IN
 THE POSSESSION OF A PERSON ENGAGED IN THE CONDUCT DESCRIBED IN PARAGRAPH
 ONE  OF THIS SUBDIVISION IN THEIR PLACE OF BUSINESS, INCLUDING A VEHICLE
 S. 8305--C                         30                         A. 8805--C
 
 USED FOR SUCH BUSINESS, WHERE AN ORDER AS SET FORTH  IN  SUCH  PARAGRAPH
 ONE  HAS  BEEN  ISSUED,  PROVIDING  THE  PERSON  IS THE BUSINESS THAT IS
 CONDUCTING THE UNLICENSED ACTIVITY OR AN INDIVIDUAL OWNER OF  THE  BUSI-
 NESS,  AND MAINTAIN DOCUMENTATION OF THE CHAIN OF CUSTODY OF SUCH SEIZED
 PRODUCTS, AND ENSURE THAT SUCH PRODUCTS ARE PROPERLY STORED, CATALOGUED,
 AND SAFEGUARDED UNTIL SUCH TIME AS THEY MAY PROPERLY BE DESTROYED BY THE
 CITY.
   C. MUTILATION OR REMOVAL OF A POSTED ORDER, POSTED NOTICE,  OR  SECURE
 PADLOCK  THAT  IS ENFORCED OR IN PLACE PURSUANT TO THIS SECTION SHALL BE
 PUNISHABLE IN THE MANNER SPECIFIED BY SUBDIVISION EIGHT OF  SECTION  ONE
 HUNDRED THIRTY-EIGHT-B OF THE CANNABIS LAW.
   D.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PREMISES OR
 ENTITY THAT IS LISTED IN THE  DIRECTORY  MAINTAINED  BY  THE  OFFICE  OF
 CANNABIS  MANAGEMENT  PURSUANT TO SUBDIVISION THIRTEEN OF SECTION ELEVEN
 OF THE CANNABIS LAW. FURTHER, THE CITY SHERIFF, OR THE SHERIFF'S  DESIG-
 NEE  WITHIN THE OFFICE OF THE CITY SHERIFF OR ANOTHER CITY AGENCY, SHALL
 SERVE AS THE LIAISON TO THE OFFICE OF CANNABIS MANAGEMENT TO ENSURE THAT
 UPDATES TO SUCH DIRECTORY ARE IMMEDIATELY INCORPORATED  INTO  THE  LOCAL
 INSPECTION  PROCESS, AND SHALL COORDINATE WITH SUCH OFFICE ON EFFORTS TO
 INSPECT UNLICENSED BUSINESSES AND RELATED ENFORCEMENT EFFORTS. THE  CITY
 SHERIFF OR OTHER DESIGNEE SHALL:
   1. SEND BI-WEEKLY REPORTS TO THE OFFICE OF CANNABIS MANAGEMENT, IN THE
 MANNER  AND  FORMAT PRESCRIBED BY SUCH OFFICE, DETAILING RECENT ENFORCE-
 MENT EFFORTS UNDERTAKEN PURSUANT TO THIS SECTION, INCLUDING  THE  NUMBER
 AND  LOCATION OF INSPECTIONS CONDUCTED, NOTICES OF VIOLATION ISSUED, AND
 ORDERS TO SEAL ISSUED AND EXECUTED, AND THE AMOUNT  AND  NATURE  OF  ANY
 CANNABIS,  CANNABIS  PRODUCTS,  OR  PRODUCTS MARKETED OR LABELED AS SUCH
 THAT WERE SEIZED PURSUANT TO THIS SECTION;
   2. SERVE AS THE PRIMARY CONTACT FOR THE OFFICE OF CANNABIS  MANAGEMENT
 IN  CONNECTION  WITH THE TRAINING PROGRAM OF SUCH OFFICE AND THE SHARING
 OF MATERIALS MADE AVAILABLE TO THE CITY WITH RESPECT TO  INSPECTION  AND
 ENFORCEMENT PURSUANT TO THIS SECTION AND OTHER APPLICABLE LAW; AND
   3.  FILE  WITH  THE  OFFICE OF CANNABIS MANAGEMENT ANY REGULATIONS AND
 PROCEDURES DEVELOPED OR ADOPTED RELATING TO THE IMPLEMENTATION  OF  THIS
 SECTION  AND  SECTION 7-551, AS WELL AS ANY SUBSEQUENT LOCAL LAWS IMPLE-
 MENTING SECTION ONE HUNDRED THIRTY-ONE OF THE CANNABIS LAW.
   4. THE OFFICE OF THE CITY SHERIFF MAY SEEK TO ENFORCE  SUCH  ORDER  BY
 SEEKING  INJUNCTIVE  RELIEF,  INCLUDING  THROUGH  AN  ACTION PURSUANT TO
 SECTION SIXTEEN-A OF THE CANNABIS LAW.
   E. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,  THE  OFFICE  OF
 THE  CITY  SHERIFF MAY DESIGNATE PERSONNEL OF OTHER AGENCIES OF THE CITY
 OF NEW YORK TO IMPLEMENT POWERS GRANTED TO SUCH OFFICE PURSUANT TO  THIS
 CHAPTER  IF  SUCH OFFICE DETERMINES THAT ADDITIONAL RESOURCES ARE NECES-
 SARY FOR THE EFFECTIVE IMPLEMENTATION OF SUCH POWERS, PROVIDED  THAT  NO
 SUCH DESIGNATION PURSUANT TO THIS SUBDIVISION SHALL CONFER PEACE OFFICER
 STATUS  ON  ANY SUCH DESIGNATED PERSONNEL WHO DO NOT OTHERWISE HAVE SUCH
 STATUS.
   F. THE OFFICE OF THE CITY SHERIFF SHALL ESTABLISH A SYSTEM FOR RECEIV-
 ING COMPLAINTS OF UNLICENSED ACTIVITY BY ANY BUSINESS WITHIN THE CITY OF
 NEW YORK.
   G. ANY ORDERS ISSUED PURSUANT TO  THIS  SECTION  SHALL  BE  SERVED  BY
 DELIVERY  OF  THE  ORDER TO THE OWNER OF THE BUSINESS OR OTHER PERSON OF
 SUITABLE AGE OR DISCRETION IN ACTUAL OR APPARENT CONTROL OF THE PREMISES
 AT THE TIME OF THE INSPECTION AND SHALL BE POSTED  AT  THE  BUILDING  OR
 PREMISES  THAT HAVE BEEN SEALED, SECURED AND CLOSED. A COPY OF THE ORDER
 SHALL ALSO BE MAILED TO ANY ADDRESS FOR THE OWNER OF THE BUSINESS AT ANY
 S. 8305--C                         31                         A. 8805--C
 
 ADDRESS PROVIDED BY THE PERSON TO WHOM SUCH ORDER WAS DELIVERED PURSUANT
 TO THIS SUBDIVISION.
   § 7-553 LOCAL  AUTHORITY.  NOTHING  IN THIS CHAPTER SHALL PRECLUDE THE
 ENACTMENT OF LOCAL LAWS OR RULES IN ACCORDANCE WITH SUBDIVISION THREE OF
 SECTION ONE HUNDRED THIRTY-ONE OF THE CANNABIS LAW, OR ANY OTHER LAW.
   § 12. Subdivision 4 of section 918 of the county law,  as  amended  by
 chapter 205 of the laws of 2020, is amended to read as follows:
   4. Any other laws to the contrary notwithstanding, the county clerk in
 each  of  the  counties  within  the  city of New York is authorized and
 empowered to maintain separate judgment docket  volumes  containing  the
 printed transcript or transcripts, in strict alphabetical order of judg-
 ment  made,  entered  and docketed in the civil court of the city of New
 York against individuals, corporations, and other entities on behalf  of
 the parking violations bureau, the environmental control board, the taxi
 and limousine commission, the department of consumer [affairs] AND WORK-
 ER  PROTECTION,  THE  OFFICE  OF ADMINISTRATIVE TRIALS AND HEARINGS WHEN
 ACTING IN ACCORDANCE WITH SUBDIVISION C OF SECTION 7-551 OF THE ADMINIS-
 TRATIVE CODE OF THE CITY OF NEW YORK and the commissioner of  jurors  of
 the  city  of  New  York,  provided that the judgments made, entered and
 docketed in the civil court of the city of New York against individuals,
 corporations, and other entities on behalf of the department of consumer
 [affairs] AND WORKER PROTECTION shall be limited to final decisions  and
 orders  that  either  (a)  award  restitution, or monetary damages, to a
 consumer or worker; or (b) award such restitution, or monetary  damages,
 to  a  consumer  or  worker,  together with civil penalties or equitable
 relief. These volumes may be maintained in the form  of  computer  print
 outs  which  shall contain the date of judgment, the name and address of
 the judgment debtor or debtors, the amount of  the  judgment  and  other
 information  which  the  county clerk may deem necessary to sufficiently
 describe the parties to the action or proceeding or nature or the manner
 of the entry of the judgment. The county clerk may, in [his or  her]  IN
 SUCH CLERK'S discretion, in lieu of such volumes, maintain the aforemen-
 tioned  data  in  a  micrographic or computer retrievable format.   With
 respect to judgments on behalf of the  parking  violations  bureau  such
 volumes or other format shall be maintained pursuant to this subdivision
 for  only  those  individuals,  corporations,  and other entities having
 vehicles registered in the counties within the city of New York.
   § 13. Subdivisions 1 and 1-a of  section  132  of  the  cannabis  law,
 subdivision  1  as amended and subdivision 1-a as added by section 17 of
 part UU of chapter 56 of the laws  of  2023,  are  amended  to  read  as
 follows:
   1.(a)  Any  person  who  cultivates for sale, OFFERS TO SELL, or sells
 cannabis, cannabis products, medical cannabis, or any  product  marketed
 or  labeled as such, without having an appropriate registration, license
 or permit therefor, including a person whose registration,  license,  or
 permit  has been revoked, surrendered or cancelled, where such person is
 engaging in activity for which a license would be  required  under  this
 chapter, may be subject to a civil penalty of not more than ten thousand
 dollars  for each day during which such violation continues and an addi-
 tional civil penalty in an amount of no more than five times the revenue
 from such prohibited sales or, in an amount of no more than three  times
 the  projected  revenue  for any such product found in the possession of
 such person based on the retail list price of such  products;  provided,
 however,  that any such person who engages in such activity from a resi-
 dence or other real property not otherwise  held  out  as  open  to  the
 public or otherwise being utilized in a business or commercial manner or
 S. 8305--C                         32                         A. 8805--C
 
 any  private vehicle on or about same such property, and the quantity of
 such product on such premises or vehicle does not exceed the  limits  of
 personal  use under article two hundred twenty-two of the penal law, may
 be subject to a civil penalty of no more than five thousand dollars.
   Provided,  further,  that  where such person has been ordered to cease
 such conduct pursuant to subdivision one of section one hundred  thirty-
 eight-a  of  this [chapter] ARTICLE, such person may be assessed a civil
 penalty of no more than twenty thousand dollars per  day  for  each  day
 during  which  such  violation  continues  after receiving such order in
 addition to the additional civil penalties set  forth  above;  provided,
 however,  that any such person who engages in such activity from a resi-
 dence or other real property not otherwise  held  out  as  open  to  the
 public or otherwise being utilized in a business or commercial manner or
 any  private vehicle on or about same such property, and the quantity of
 such product on such premises or vehicle does not exceed the  limits  of
 personal  use under article two hundred twenty-two of the penal law, may
 be subject to a civil penalty of no more than ten thousand dollars.
   (b) If a person engaging in the conduct described in paragraph (a)  of
 this  subdivision[,]  or  subdivision  one-a  of this section refuses to
 permit the office or the board from performing a regulatory  inspection,
 such  person may be assessed a civil penalty of up to [four] EIGHT thou-
 sand dollars for a first refusal and  up  to  [eight]  FIFTEEN  thousand
 dollars for a second or subsequent refusal within three years of a prior
 refusal. If the office or board is not permitted access for a regulatory
 inspection pursuant to section ten or section eleven of this chapter, as
 applicable,  by  such  person, the attorney general, upon the request of
 the office or the board, shall be authorized to apply, without notice to
 such person, to the supreme court in the county in which  the  place  of
 business  is located for an order granting the office or board access to
 such place of business. The court may grant such an order if  it  deter-
 mines,  based  on evidence presented by the attorney general, that there
 is reasonable cause to believe that such place of business is a place of
 business which does not possess a valid registration, license, or permit
 issued by the office or board.
   (c) In assessing the civil penalties under this subdivision OR  SUBDI-
 VISION  ONE-A  OF  THIS  SECTION,  the  board  or office shall take into
 consideration the nature of such violation and shall  assess  a  penalty
 that is proportionate to the violation; PROVIDED, HOWEVER, THAT AN AFFI-
 DAVIT  FROM  A  REPRESENTATIVE OF THE OFFICE, THE OFFICE OF THE ATTORNEY
 GENERAL, OR A LOCAL GOVERNMENT, OR A LOCAL POLICE OFFICER CONFIRMING THE
 PRESENCE OF CONDUCT DESCRIBED IN THIS SUBDIVISION OR  SUBDIVISION  ONE-A
 OF  THIS  SECTION FOLLOWING AN INSPECTION BY THE OFFICE AFTER THE OFFICE
 HAS ORDERED SUCH CONDUCT TO CEASE SHALL BE  SUFFICIENT  TO  ESTABLISH  A
 PRIMA FACIE CASE THAT SUCH CONDUCT HAD BEEN CONTINUING FOR EACH BUSINESS
 DAY  BETWEEN  THE  INITIAL INSPECTION AND THE LAST OBSERVED OR OTHERWISE
 DOCUMENTED CONDUCT.
   1-a. Any person [found to have] engaged in  indirect  retail  sale  in
 violation  of  subdivision  one-a  of section one hundred twenty-five of
 this [chapter] ARTICLE, shall be subject to a civil penalty in an amount
 equaling the lesser of three times the revenue for such indirect  retail
 sales  or  up  to  two thousand five hundred dollars for each such sale,
 provided, however, that where such conduct also constitutes a  violation
 of  subdivision  one of this section, such person may only be subject to
 the civil penalties under one such subdivision, and  provided,  further,
 that  where  such person has been ordered to cease such conduct pursuant
 to subdivision one of section one hundred thirty-eight-a of  this  arti-
 S. 8305--C                         33                         A. 8805--C
 
 cle,  such person may be assessed a civil penalty of up to five thousand
 dollars for each day during which such violation continues  in  addition
 to any civil penalties set forth above.
   §  14.  Subdivisions  2, 4 and 5 of section 138-a of the cannabis law,
 subdivision 2 as added and subdivisions 4 and 5 as amended by section 20
 of part UU of chapter 56 of the laws of 2023, are amended and  nine  new
 subdivisions  6,  7,  8,  9,  10, 11, 12, 13 and 14 are added to read as
 follows:
   2. seize any cannabis, cannabis  product,  cannabinoid  hemp  or  hemp
 extract  product,  or  any product marketed or labeled as such, found in
 the possession of a person engaged in the conduct described in  subdivi-
 sion  one of this section AND THEIR PLACE OF BUSINESS, INCLUDING A VEHI-
 CLE USED FOR SUCH BUSINESS;
   4. seek injunctive relief against any person engaging  in  conduct  in
 violation of this section; [and]
   5. request that the attorney general obtain judicial enforcement of an
 order issued under subdivision one of this section or bring an action or
 proceeding  for any relief otherwise authorized under this chapter for a
 violation of this chapter, including  the  recovery  of  any  applicable
 civil penalties[.];
   6.  IN  CONNECTION  WITH ANY REGULATORY INSPECTION OR INVESTIGATION OR
 ACTION THEREAFTER, REVIEW, SEIZE AND COPY RECORDS;
   7. IN CONNECTION WITH ANY ACTION  OR  PROCEEDING  AUTHORIZED  BY  THIS
 CHAPTER,  REQUEST  THAT  THE  ATTORNEY  GENERAL OR ANY POLICE OFFICER OR
 PEACE OFFICER SEIZE OR REMOVE AND HOLD AS EVIDENCE ALL MATERIAL,  EQUIP-
 MENT,  AND INSTRUMENTALITIES USED IN THE CREATION AND MAINTENANCE OF THE
 CONDUCT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION;
   8. UPON RECEIPT OF ONE OR MORE COMPLAINTS THAT A PERSON IS ENGAGED  IN
 CONDUCT  DESCRIBED  IN  SUBDIVISION ONE OF THIS SECTION OR IN CONNECTION
 WITH ANY INSPECTION OR SUBSEQUENT INVESTIGATION OF A PERSON  ENGAGED  IN
 THE  CONDUCT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, ISSUE SUBPOE-
 NAS TO ANY OWNERS, MANAGERS, OR EMPLOYEES OF SUCH PERSON FOR INFORMATION
 REGARDING THE PERSON AND THE CONDUCT;
   9. WITH THE ASSISTANCE OF LAW  ENFORCEMENT,  SEIZE  OR  IMPOUND  OTHER
 PROPERTY USED IN FURTHERANCE OF THE CONDUCT DESCRIBED IN SUBDIVISION ONE
 OF THIS SECTION;
   10.  UPON  AN  EX PARTE ORDER TO A COURT, REQUEST THE COURT TO ISSUE A
 RESTRAINING ORDER FREEZING LIQUID ASSETS TO ENFORCE  THE  PROVISIONS  OF
 THIS  SECTION  AND  SECTION  SIXTEEN-A  OF  THIS CHAPTER AND SECTION ONE
 HUNDRED THIRTY-TWO OF THIS ARTICLE;
   11. IN ACCORDANCE WITH THE PROCEDURES OUTLINED IN SECTION ONE  HUNDRED
 THIRTY-EIGHT-B  OF  THIS  CHAPTER,  ISSUE AND EXECUTE AN ORDER TO SEAL A
 BUILDING OR PREMISES OF ANY UNLICENSED BUSINESSES IN WHICH ANY PERSON IS
 ENGAGED IN CONDUCT IN VIOLATION OF THIS SECTION OR SECTION  ONE  HUNDRED
 TWENTY-FIVE OR ONE HUNDRED THIRTY-TWO OF THIS ARTICLE;
   12. UPON RECEIPT OF ONE OR MORE COMPLAINTS THAT A PERSON IS ENGAGED IN
 CONDUCT  DESCRIBED  IN SUBDIVISION ONE OF THIS SECTION, APPLY OR REQUEST
 THAT THE ATTORNEY GENERAL APPLY FOR AN EX PARTE  ORDER  TO  THE  SUPREME
 COURT  IN  THE  COUNTY  IN WHICH THE PLACE OF BUSINESS IS LOCATED FOR AN
 ORDER GRANTING THE OFFICE OR BOARD ACCESS TO  SUCH  PLACE  OF  BUSINESS.
 THE  COURT  MAY  GRANT  SUCH  AN  ORDER  IT  IF DETERMINES, BASED ON THE
 EVIDENCE PRESENTED, THAT THERE IS REASONABLE CAUSE TO BELIEVE THAT  SUCH
 PLACE OF BUSINESS IS THE SAME PLACE OF BUSINESS FOR WHICH THE OFFICE HAS
 RECEIVED SUCH COMPLAINTS;
   13.  UPON FINDING A VIOLATION OF THIS SECTION BY A HOLDER OF A LICENSE
 ISSUED BY THE STATE LIQUOR  AUTHORITY,  A  REGISTRATION  ISSUED  BY  THE
 S. 8305--C                         34                         A. 8805--C
 
 COMMISSIONER  OF  TAXATION  AND  FINANCE  TO  SELL CIGARETTES OR TOBACCO
 PRODUCTS AT RETAIL, A REGISTRATION ISSUED BY THE COMMISSIONER  OF  TAXA-
 TION  AND  FINANCE  TO SELL VAPOR PRODUCTS AT RETAIL, OR A LOTTERY SALES
 AGENT  LICENSE  ISSUED BY THE DIVISION OF LOTTERY, (A) ISSUE A NOTICE OF
 VIOLATION TO THE HOLDER OR AN AGENT THEREOF THAT CLEARLY STATES (I) THAT
 THE HOLDER'S STATE LICENSES, PERMITS, OR REGISTRATIONS MAY BE AT RISK OF
 REVOCATION OR SUSPENSION AND (II) THAT THE  HOLDER'S  BUSINESS  PREMISES
 MAY  BE  SUBJECT TO AN ORDER TO SEAL IF UPON A SUBSEQUENT INSPECTION THE
 OFFICE FINDS THAT THE VIOLATION HAS NOT BEEN ABATED, AND (B) NOTIFY  THE
 AGENCY  THAT ISSUED THE AUTHORIZATION THAT THE HOLDER IS IN VIOLATION OF
 THIS SECTION; AND
   14. IF ANY PENALTY IS NOT PAID WITHIN SIX  MONTHS,  ENTER  THE  AMOUNT
 THEREOF AS A JUDGMENT IN THE OFFICE OF THE CLERK OF THE COUNTY OF ALBANY
 AND  IN  ANY  OTHER  COUNTY  IN WHICH THE PERSON RESIDES, HAS A PLACE OF
 BUSINESS, OR THROUGH WHICH IT OPERATES. IF SUCH JUDGMENT  HAS  NOT  BEEN
 SATISFIED  WITHIN  THIRTY  DAYS THEREAFTER, NO LICENSE, REGISTRATION, OR
 PERMIT SHALL BE ISSUED BY THE BOARD TO SUCH PERSON FOR THREE YEARS THER-
 EAFTER.
   § 15. The cannabis law is amended by adding a  new  section  138-b  to
 read as follows:
   §  138-B.  ORDERS  TO  SEAL.  1.  IN  ADDITION  TO ANY OTHER AUTHORITY
 CONFERRED IN THIS CHAPTER, PURSUANT TO THE PROVISIONS OF  THIS  SECTION,
 THE  BOARD  OR  THE OFFICE SHALL HAVE THE AUTHORITY TO ISSUE AN ORDER TO
 SEAL THE BUILDING OR PREMISES OF  ANY  BUSINESS  ENGAGED  IN  UNLICENSED
 ACTIVITY,  WHEN  SUCH ACTIVITY IS CONDUCTED, MAINTAINED, OR PERMITTED IN
 SUCH BUILDING OR PREMISES, OCCUPIED AS A PLACE OF BUSINESS AS  DESCRIBED
 IN  SUBDIVISION  EIGHT  OF  SECTION TEN OF THIS CHAPTER, IN VIOLATION OF
 SUBDIVISION ONE OR ONE-A OF SECTION ONE HUNDRED TWENTY-FIVE OR  SUBDIVI-
 SION ONE OR EIGHT OF SECTION ONE HUNDRED THIRTY-TWO OF THIS ARTICLE.
   2.  ANY  ORDER TO SEAL SHALL BE SERVED BY DELIVERY OF THE ORDER TO THE
 OWNER OF THE BUSINESS OR OTHER PERSON OF SUITABLE AGE OR  DISCRETION  IN
 ACTUAL OR APPARENT CONTROL OF THE PREMISES AT THE TIME OF THE INSPECTION
 AND  SHALL  BE POSTED AT THE BUILDING OR PREMISES THAT HAVE BEEN SEALED,
 SECURED AND CLOSED. A COPY OF THE ORDER SHALL  ALSO  BE  MAILED  TO  ANY
 ADDRESS  FOR  THE  OWNER  OF THE BUSINESS AT ANY ADDRESS PROVIDED BY THE
 PERSON TO WHOM SUCH ORDER WAS DELIVERED PURSUANT  TO  THIS  SUBDIVISION.
 THE  ORDER  SHALL  REMAIN IN EFFECT PENDING A HEARING AND FINAL DETERMI-
 NATION OF THE BOARD, OR UNTIL SUCH ORDER IS VACATED BY THE OFFICE PURSU-
 ANT TO SUBDIVISION SIX OF THIS SECTION. AN ORDER TO SEAL SHALL EXPLICIT-
 LY STATE THE PROCEDURE TO REQUEST A HEARING WITHIN SEVEN DAYS.
   3. THE OFFICE MAY ISSUE AN ORDER TO SEAL WITH AN  IMMEDIATE  EFFECTIVE
 DATE  IF SUCH ORDER IS BASED UPON A FINDING BY THE OFFICE OF AN IMMINENT
 THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE.  IN SUCH CASES A HEAR-
 ING SHALL BE HELD WITHIN THREE BUSINESS DAYS OF A REQUEST FOR SUCH HEAR-
 ING, UNLESS OTHERWISE ADJOURNED BY  AGREEMENT  OF  THE  PARTIES,  AND  A
 DETERMINATION SHALL BE RENDERED WITHIN FOUR BUSINESS DAYS OF THE CONCLU-
 SION OF SUCH HEARING, PROVIDED THAT THE RESPONDENT HAS SUBMITTED A VERI-
 FIED  STATEMENT  THAT  MAY  BE  REQUIRED PURSUANT TO SUBDIVISION FIVE OF
 SECTION SEVENTEEN OF THIS CHAPTER.  FAILURE OF A RESPONDENT TO APPEAR AT
 THE HEARING WILL RESULT IN A DEFAULT AND ORDER OF SEALING TO  REMAIN  IN
 EFFECT  FOR  UP  TO  ONE  YEAR  UNLESS OTHERWISE VACATED PURSUANT TO THE
 PROVISIONS OF THIS SECTION.
   4. FACTORS THAT DETERMINE AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY,
 AND WELFARE SHALL BE LIMITED TO:
   (A) DOCUMENTED SALES TO MINORS;
 S. 8305--C                         35                         A. 8805--C
 
   (B) UNLICENSED PROCESSING OF CANNABIS  PRODUCTS  AT  THE  BUILDING  OR
 PREMISES;
   (C)  ORDERS  ISSUED FOLLOWING AN INSPECTION WHEREIN THE PERSON ENGAGED
 IN THE UNLICENSED ACTIVITY ENGAGED  IN  VIOLENT,  TUMULTUOUS,  OR  OTHER
 BEHAVIORS  INDICATING  EXPRESSED  INTENT TO NOT COMPLY WITH THE OFFICE'S
 ORDER TO CEASE THE UNLICENSED ACTIVITY;
   (D) DOCUMENTED PRESENCE OF UNLAWFUL FIREARMS AT THE BUILDING OR  PREM-
 ISES;
   (E)  PROXIMITY  OF  THE  BUILDING  OR  PREMISES  TO SCHOOLS, HOUSES OF
 WORSHIP, OR PUBLIC YOUTH FACILITIES;
   (F) PRESENCE OF PRODUCTS DEEMED UNSAFE BASED ON REPORTS OF ILLNESS  OR
 HOSPITALIZATION; OR
   (G)  SALES  OF,  OR  OFFERS  TO  SELL, CANNABIS PRODUCTS NOT TESTED OR
 LABELED LAWFULLY IN ACCORDANCE WITH THIS CHAPTER.
   5. NOTWITHSTANDING THE FACTORS LISTED  IN  SUBDIVISION  FOUR  OF  THIS
 SECTION  AND  THE  RESTRICTION SET FORTH IN PARAGRAPH (B) OF SUBDIVISION
 SIX OF THIS SECTION, THE OFFICE MAY ISSUE AN ORDER TO SEAL WITH AN IMME-
 DIATE EFFECTIVE DATE UPON A SECOND OR  SUBSEQUENT  INSPECTION  IN  WHICH
 UNLICENSED ACTIVITY IS CONFIRMED TO BE CONTINUING MORE THAN TEN CALENDAR
 DAYS  AFTER A NOTICE OF VIOLATION AND ORDER TO CEASE UNLICENSED ACTIVITY
 WAS PREVIOUSLY ISSUED BY THE OFFICE, PROVIDED THAT THE OFFICE  HAS  ALSO
 PROVIDED NOTICE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDI-
 VISION THIRTEEN OF SECTION ONE HUNDRED THIRTY-EIGHT-A OF THIS ARTICLE.
   6.  AN ORDER TO SEAL MAY BE ISSUED BY THE OFFICE OR THE BOARD PURSUANT
 TO SUBDIVISION THREE OF THIS SECTION ONLY IF: (A) NO PART OF  THE  PREM-
 ISES  TO  BE SEALED IS USED IN PART AS A RESIDENCE AND PURSUANT TO LOCAL
 LAW OR ORDINANCE IS ZONED AND LAWFULLY OCCUPIED AS A RESIDENCE; AND  (B)
 THE  UNLICENSED  ACTIVITY AS DESCRIBED IN THIS SECTION IS MORE THAN A DE
 MINIMIS PART OF THE BUSINESS ACTIVITY ON THE PREMISES OR IN THE BUILDING
 TO BE SEALED PURSUANT TO THE ORDER.  IN THE EVENT THAT AN ORDER TO  SEAL
 MAY NOT BE ISSUED PURSUANT TO THIS SUBDIVISION, THE OFFICE SHALL ISSUE A
 NOTICE  OF  VIOLATION  AND  ORDER TO CEASE THE UNLICENSED CONDUCT, WHICH
 SHALL CONSTITUTE NOTICE THAT SUCH UNLICENSED ACTIVITY MUST  CEASE  IMME-
 DIATELY.
   7. IN ASSESSING WHETHER UNLICENSED ACTIVITY WITHIN A BUILDING OR PREM-
 ISES  IS  MORE  THAN DE MINIMIS, THE OFFICE OR BOARD, AS RELEVANT, SHALL
 CONSIDER FACTORS SUCH AS ANY ONE OR MORE OF THE FOLLOWING:
   (A) THE PRESENCE OF SIGNS OR SYMBOLS, INDOORS OR OUT, ADVERTISING  THE
 SALE  OF  CANNABIS  OR OTHERWISE INDICATING THAT CANNABIS IS SOLD ON THE
 PREMISES;
   (B) INFORMATION  SHARED  IN  ANY  ADVERTISEMENTS  OR  OTHER  MARKETING
 CONTENT  IN  CONNECTION  WITH  THE  UNLICENSED BUSINESS ACTIVITY AND ANY
 DIRECT OR INDIRECT SALES OF CANNABIS OR OTHER CONDUCT  IN  VIOLATION  OF
 THIS CHAPTER;
   (C) THE VOLUME OF ILLICIT CANNABIS PRODUCTS ON SITE; AND
   (D) THE VARIETY OF ILLICIT CANNABIS PRODUCTS ON SITE.
   8.  UPON  A REQUEST BY THE OFFICE, ANY POLICE OFFICER OR PEACE OFFICER
 WITH JURISDICTION MAY ASSIST IN THE ENFORCEMENT  OF  AN  ORDER  TO  SEAL
 ISSUED  BY  THE  OFFICE  OR  THE BOARD, IN ACCORDANCE WITH THE FOLLOWING
 PROCEDURES:
   (A) THE POLICE OFFICER OR PEACE  OFFICER  SERVING  AND  EXECUTING  THE
 ORDER TO SEAL SHALL FORTHWITH MAKE AND RETURN TO THE OFFICE AN INVENTORY
 OF PERSONAL PROPERTY SITUATED IN AND USED IN CONDUCTING, MAINTAINING, OR
 PERMITTING  THE UNLICENSED ACTIVITY WITHIN THE SCOPE OF THIS CHAPTER AND
 SHALL ENTER UPON THE BUILDING OR PREMISES FOR SUCH PURPOSE. SUCH  INVEN-
 TORY  SHALL  BE TAKEN IN ANY MANNER WHICH IS DEEMED LIKELY TO EVIDENCE A
 S. 8305--C                         36                         A. 8805--C
 
 TRUE AND ACCURATE REPRESENTATION OF THE  PERSONAL  PROPERTY  SUBJECT  TO
 SUCH INVENTORY INCLUDING, BUT NOT LIMITED TO PHOTOGRAPHING SUCH PERSONAL
 PROPERTY.
   (B)  THE  POLICE  OFFICER  OR  PEACE OFFICER SERVING AND EXECUTING THE
 ORDER TO SEAL SHALL ENTER THE BUILDING OR PREMISES AND, UPON SERVICE  OF
 THE  ORDER,  COMMAND  ALL PERSONS PRESENT IN THE BUILDING OR PREMISES TO
 VACATE THE PREMISES FORTHWITH.  UPON  THE  BUILDING  OR  PREMISES  BEING
 VACATED, THE PREMISES SHALL BE SECURELY LOCKED AND ALL KEYS DELIVERED TO
 THE  OFFICER  SERVING THE ORDER WHO THEREAFTER SHALL DELIVER THE KEYS TO
 THE FEE OWNER, LESSOR, OR LESSEE OF THE BUILDING OR  PREMISES  INVOLVED.
 IF  THE  FEE OWNER, LESSOR, OR LESSEE IS NOT AT THE BUILDING OR PREMISES
 WHEN THE ORDER IS BEING EXECUTED, THE OFFICER SHALL SECURELY PADLOCK THE
 PREMISES AND RETAIN THE KEYS UNTIL THE FEE OWNER, LESSOR, OR  LESSEE  OF
 THE  BUILDING  IS ASCERTAINED, IN WHICH EVENT, THE OFFICER SHALL DELIVER
 THE KEYS TO SUCH FEE OWNER, LESSOR, OR LESSEE.
   (C) UPON SERVICE AND EXECUTION OF THE ORDER TO SEAL, THE POLICE  OFFI-
 CER OR PEACE OFFICER SHALL POST A COPY THEREOF IN A CONSPICUOUS PLACE OR
 UPON  ONE  OR  MORE OF THE PRINCIPAL DOORS AT ENTRANCES OF SUCH PREMISES
 WHERE THE UNLICENSED ACTIVITY IS BEING CONDUCTED, MAINTAINED, OR PERMIT-
 TED. IN ADDITION, THE OFFICER SHALL AFFIX, IN  A  CONSPICUOUS  PLACE  OR
 UPON ONE OR MORE OF THE PRINCIPAL DOORS AT ENTRANCES OF SUCH PREMISES, A
 PRINTED NOTICE THAT THE PREMISES HAVE BEEN CLOSED BY ORDER OF THE CANNA-
 BIS  CONTROL  BOARD,  AND  THE NAME OF THE OFFICER OR AGENCY POSTING THE
 NOTICE.
   (D) MUTILATION OR REMOVAL OF SUCH A POSTED  ORDER  OR  SUCH  A  POSTED
 NOTICE  WHILE  IT  REMAINS IN FORCE, IN ADDITION TO ANY OTHER PUNISHMENT
 PRESCRIBED BY LAW, SHALL BE PUNISHABLE, ON CONVICTION, BY A FINE OF  NOT
 MORE  THAN  FIVE  THOUSAND DOLLARS OR BY A CLASS B MISDEMEANOR, OR BOTH,
 PROVIDED SUCH ORDER OR NOTICE CONTAINS THEREIN A NOTICE OF SUCH PENALTY,
 AND SHALL BE REFERRED TO THE LOCAL DISTRICT  ATTORNEY  FOR  ENFORCEMENT.
 THE  OFFICE SHALL ALSO ADHERE TO THE PROCEDURES IN THIS SUBDIVISION WHEN
 EXECUTING AN ORDER TO SEAL ISSUED IN ACCORDANCE WITH THIS SECTION.
   9. ANY ORDER TO SEAL ISSUED BY THE OFFICE OR THE BOARD ISSUED PURSUANT
 TO THIS SECTION SHALL BE EFFECTIVE FOR ONE YEAR FROM THE  LATER  OF  THE
 POSTING  OF  THE  ORDER OR THE DATE OF THE JUDGMENT PROVIDED FOR IN THIS
 SECTION. AN ORDER TO SEAL SHALL BE VACATED BY THE OFFICE OR  THE  BOARD,
 UPON NOTICE TO THE OFFICE, IF THE RESPONDENT SUBMITS SUFFICIENT EVIDENCE
 TO  THE  OFFICE OR THE BOARD BY AN AFFIDAVIT AND SUCH OTHER PROOF AS MAY
 BE SUBMITTED BY THE RESPONDENT THAT THE  UNLICENSED  ACTIVITY  HAS  BEEN
 ABATED.  AN  ORDER  VACATING  AN ORDER TO SEAL SHALL INCLUDE A PROVISION
 AUTHORIZING THE OFFICE, OR ANY  POLICE  OFFICER  OR  PEACE  OFFICER  WHO
 ASSISTED  WITH THE EXECUTION OF THE ORDER TO SEAL, TO INSPECT THE BUILD-
 ING OR PREMISES WITHOUT NOTICE FOR THE PURPOSE OF  ASCERTAINING  WHETHER
 OR  NOT  THE  UNLICENSED ACTIVITY HAS BEEN ABATED. ANY POLICE OFFICER OR
 PEACE OFFICER WITH JURISDICTION MAY, UPON THE  REQUEST  OF  THE  OFFICE,
 ASSIST  IN THE ENFORCEMENT OF AN INSPECTION PROVISION OF AN ORDER VACAT-
 ING AN ORDER TO SEAL.
   10. THE OFFICE SHALL MAIL A COPY, BY CERTIFIED MAIL, OF ANY  ORDER  TO
 SEAL  ISSUED  BY THE OFFICE OR BOARD WITHIN FIVE DAYS FOLLOWING ISSUANCE
 OF SUCH ORDER TO THE PERSON IN WHOSE NAME THE REAL  ESTATE  AFFECTED  BY
 THE  ORDER  IS RECORDED IN THE OFFICE OF THE CITY REGISTER OR THE COUNTY
 CLERK, AS THE CASE MAY BE, WHO SHALL BE PRESUMED TO BE THE OWNER  THERE-
 OF.  SUCH  MAILING  SHALL  CONSTITUTE  NOTICE  TO THE OWNER AND SHALL BE
 DEEMED TO BE COMPLETE UPON SUCH MAILING BY THE OFFICE AS PROVIDED ABOVE.
   11. IF AT ANY TIME A  RESPONDENT  VACATES  THE  BUILDING  OR  PREMISES
 SUBJECT  TO  AN  ORDER  TO SEAL ISSUED BY THE OFFICE OR BOARD, OR IF THE
 S. 8305--C                         37                         A. 8805--C
 
 BUILDING OWNER PROVIDES SUFFICIENT PROOF THEREOF, ANY ACTION OR PROCEED-
 ING FILED IN ACCORDANCE WITH THESE PROCEDURES RELATING TO SUCH  BUILDING
 OR PREMISES SHALL BE WITHDRAWN BY THE OFFICE OR THE BOARD WITHOUT PREJU-
 DICE, AND ANY ORDER TO SEAL SHALL BE VACATED.
   12.  THE  REMEDIES  PROVIDED FOR IN THIS SECTION ARE NOT EXCLUSIVE AND
 THE OFFICE OR BOARD MAY ALSO REQUEST AND RECOVER PENALTIES IN ACCORDANCE
 WITH OTHER PROVISIONS IN THIS CHAPTER.
   § 16. Section 195.05 of the penal law, as amended by  chapter  269  of
 the laws of 1998, is amended to read as follows:
 § 195.05 Obstructing governmental administration in the second degree.
   A  person  is  guilty  of obstructing governmental administration when
 [he]:
   1. SUCH PERSON intentionally obstructs, impairs or perverts the admin-
 istration of law or other governmental function or prevents or  attempts
 to  prevent  a  public  servant from performing an official function, by
 means of intimidation, physical force or interference, or  by  means  of
 any  independently  unlawful act, or by means of interfering, whether or
 not physical force is involved, with  radio,  telephone,  television  or
 other  telecommunications  systems  owned or operated by the state, or a
 county, city, town, village, fire district or emergency medical  service
 or by means of releasing a dangerous animal under circumstances evincing
 the actor's intent that the animal obstruct governmental administration;
 OR
   2.  WITH  THE INTENT TO VIOLATE A CLOSING ORDER, ORDER TO SEAL, TEMPO-
 RARY CLOSING ORDER, OR TEMPORARY ORDER TO SEAL ISSUED BY A  GOVERNMENTAL
 ENTITY TO ADDRESS A PUBLIC HEALTH OR SAFETY CONCERN, SUCH PERSON DAMAGES
 OR  REMOVES  ANY  PADLOCK  OR  OTHER DEVICE INSTALLED FOR THE PURPOSE OF
 EFFECTUATING SUCH ORDER.
   Obstructing governmental administration is a class A misdemeanor.
   § 17. Subdivision 1, paragraph (b) of subdivision 2 and subdivision  4
 of  section  715-a  of the real property actions and proceedings law, as
 added by section 21 of part UU of chapter 56 of the laws  of  2023,  are
 amended to read as follows:
   1.  Any duly authorized enforcement agency of the state or of a subdi-
 vision thereof, under a duty to enforce the provisions of the penal  law
 or of any state or local law, ordinance, code, rule or regulation relat-
 ing  to  buildings,  or  the  cannabis control board, office of cannabis
 management or the attorney general pursuant to section one hundred thir-
 ty-eight-a of the cannabis law, may serve personally upon the  owner  or
 landlord  of  real  property  authorized or otherwise intended or adver-
 tised, in whole or part, for use to buy, sell or otherwise provide goods
 or services, or for other business, commercial, professional services or
 manufacturing activities, or upon their agent, a written notice  requir-
 ing  the  owner  or landlord to make an application for the removal of a
 commercial tenant so using or occupying the  same  for  a  violation  of
 article  two  hundred  twenty-two of the penal law or article six of the
 cannabis law involving the unlicensed  sale  of  cannabis[,  where  such
 property,  or  the portion thereof being used for such unlicensed activ-
 ity, is not occupied for  any  other  licensed  or  lawful  purpose]  OR
 PRODUCTS  MARKETED OR LABELED AS SUCH. If the owner or landlord or their
 agent does not make such application within five  days  thereafter;  or,
 having  made  it,  does  not  in good faith diligently prosecute it, the
 enforcement agency giving the notice may bring a proceeding  under  this
 article  for  such  removal  as  though the petitioner were the owner or
 landlord of the premises, and shall have  precedence  over  any  similar
 proceeding thereafter brought by such owner or landlord or to one there-
 S. 8305--C                         38                         A. 8805--C
 
 tofore  brought by them and not prosecuted diligently and in good faith.
 An enforcement agency authorized to bring a petition hereunder may do so
 on their own initiative or upon a referral from an agency of  the  state
 or  a  subdivision thereof. The person in possession of the property, as
 well as any lessee or sublessee and the owner or landlord shall be  made
 respondents in the proceeding.
   (b)  impose  and  require  the payment by any respondent not otherwise
 subject to a civil penalty under section sixteen or one hundred  twenty-
 five of the cannabis law, who has been found to have knowingly permitted
 such  a violation, a civil penalty not exceeding [three]  FIVE times the
 amount of rent charged, OWED, OR PAID, AS THE CASE MAY BE, for the dura-
 tion of the violation, WHICH MAY BE CALCULATED FROM THE DATE  THE  OWNER
 OR  LANDLORD RESPONDENT RECEIVED NOTICE OF THE VIOLATION TO THE DATE THE
 UNLICENSED ACTIVITY IS ABATED, FOR WHICH A RESPONDENT SHALL BE  REQUIRED
 TO  PROVIDE  SUFFICIENT  PROOF  THEREOF,  INCLUDING BUT NOT LIMITED TO A
 SWORN STATEMENT BY A LOCAL LAW ENFORCEMENT OR OTHER GOVERNMENTAL  ENTITY
 THAT THE UNLICENSED ACTIVITY HAS BEEN ABATED; PROVIDED, HOWEVER, THAT IN
 A  CITY WITH A POPULATION OF OVER ONE MILLION THE CIVIL PENALTY SHALL BE
 FIFTY THOUSAND DOLLARS.  THE  LANDLORD  OR  PROPERTY  OWNER  SHALL  ALSO
 PROVIDE A COPY OF ANY EXECUTED LEASE WITH SUCH TENANT;
   4.  The use or occupancy of premises [solely or primarily] CUSTOMARILY
 OR HABITUALLY for the unlicensed retail sale  of  cannabis  OR  PRODUCTS
 MARKETED  OR LABELED AS SUCH shall constitute an illegal trade, manufac-
 ture, or other business for the purposes of section two hundred  thirty-
 one of the real property law.
   §  18.  This  act  shall  take  effect  immediately and shall apply to
 offenses committed on or after the date this act  shall  have  become  a
 law;  provided,  however,  evidence of past violations of sections 138-a
 and 125 of the cannabis law may be considered  when  imposing  penalties
 under  the  cannabis  law  or issuing orders to seal pursuant to section
 138-b of the cannabis law established pursuant  to  section  fifteen  of
 this  act;  and provided, however that the amendments to section 16-a of
 the cannabis law made by section five of this act shall not  affect  the
 repeal of such section and shall be deemed repealed therewith.
 
                                  PART H

   Section  1. The opening paragraph of subdivision 1 of section 110-b of
 the alcoholic beverage control law, as amended by  chapter  222  of  the
 laws of 2019, is amended to read as follows:
   Not  [less  than  thirty nor] more than two hundred [and] seventy days
 before filing any of the  following  applications,  an  applicant  shall
 notify  the municipality in which the premises is located of such appli-
 cant's intent to file such an application:
   § 1-a. Section 110-b of the alcoholic beverage control law is  amended
 by adding two new subdivisions 1-a and 1-b to read as follows:
   1-A.  THE  PROOF OF NOTIFICATION, PROVIDED FOR IN SUBDIVISIONS SIX AND
 SIX-A OF THIS SECTION, MUST BE PROVIDED  AT  THE  TIME  OF  APPLICATION;
 FAILURE TO SO PROVIDE SHALL CONSTITUTE GOOD CAUSE FOR DENIAL.
   1-B.  THE  AUTHORITY MAY NOT ACT TO APPROVE ANY APPLICATION SUBJECT TO
 THIS SECTION PRIOR TO THE PASSAGE OF THIRTY DAYS FROM THE DATE NOTIFICA-
 TION WAS PROVIDED TO THE MUNICIPALITY.
   § 2. Subdivision 1 of section 98 of  the  alcoholic  beverage  control
 law,  as  amended by chapter 703 of the laws of 2022, is amended to read
 as follows:
 S. 8305--C                         39                         A. 8805--C
 
   1. The liquor authority is hereby authorized  to  issue  to  a  retail
 licensee  for on-premises consumption or a licensed off-premises caterer
 furnishing provisions and service for  use  at  a  particular  function,
 occasion  or event in a hotel, restaurant, club, ballroom or other prem-
 ises  a  temporary  [indoor] permit effective for a period not to exceed
 twenty-four consecutive hours, which  shall  authorize  the  service  of
 alcoholic  beverages  at  such  function,  occasion  or event within the
 hours, fixed by or pursuant to subdivision five of section  one  hundred
 six  of  this  chapter, during which alcoholic beverages may lawfully be
 sold or served upon premises licensed to  sell  alcoholic  beverages  at
 retail  for on-premises consumption in the community in which is located
 the premises in which such function, occasion or event is held. The  fee
 therefor  shall  be thirty-eight dollars. Such a permit and the exercise
 of the privilege granted thereby may be subjected to such rules  by  the
 liquor authority as it deems necessary and such rules as are in conform-
 ity  with  the  provisions  of  subdivision  two of this section. Such a
 permit may also be issued for functions, occasions or events at premises
 for which a summer license has been previously issued pursuant  to  this
 chapter.
   §  3.  Subdivision  1  of section 97 of the alcoholic beverage control
 law, as amended by section 19 of part Z of chapter 85  of  the  laws  of
 2002, is amended to read as follows:
   1.  The  liquor  authority  is  hereby  authorized  to issue temporary
 permits effective for a period not  to  exceed  twenty-four  consecutive
 hours  to  authorize  the  sale of beer [and], wine [manufactured in New
 York state], CIDER, MEAD AND/OR BRAGGOT, AND LIQUOR at outdoor or indoor
 gatherings, functions, occasions or events, within the hours fixed by or
 pursuant to subdivision five of section one hundred six of this chapter,
 during which alcoholic beverages may lawfully be  sold  or  served  upon
 premises  licensed to sell alcoholic beverages at retail for on-premises
 consumption in the community in which is located the premises  in  which
 such  gathering,  function,  occasion or event is held. The fee for such
 permit shall be twenty-six dollars. Such permit and the exercise of  the
 privilege  granted  thereby shall be subject to such rules of the liquor
 authority as it deems necessary.
   § 4. Subdivision 2 of section 105 of the  alcoholic  beverage  control
 law is REPEALED.
   §  5.  This  act shall take effect immediately, and shall apply to all
 applications received by the state liquor authority on  and  after  such
 date.  Effective  immediately,  the addition, amendment and/or repeal of
 any rule or regulation by the state liquor authority necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.
 
                                  PART I
 
   Section 1. The alcoholic beverage control law is amended by  adding  a
 new section 97-d to read as follows:
   §  97-D.  TEMPORARY  WHOLESALE  PERMIT. 1. ANY PERSON MAY APPLY TO THE
 LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC  BEVER-
 AGE  WHOLESALE  FACILITY  AS  MAY  BE  LICENSED UNDER THIS CHAPTER. SUCH
 APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN  INFORMA-
 TION  AS  THE  LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE
 ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
 DOLLARS FOR SUCH PERMIT.
 S. 8305--C                         40                         A. 8805--C

   2. UPON APPLICATION, THE LIQUOR AUTHORITY  MAY  ISSUE  SUCH  TEMPORARY
 PERMIT WHEN:
   (A)  THE  APPLICANT  HAS  A  WHOLESALE LICENSE APPLICATION AT THE SAME
 PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
 FILING AND LICENSE FEES;
   (B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF  ALL  PERMITS,
 LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
 NESS; AND
   (C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES HAS BEEN SURRENDERED
 OR PLACED IN SAFEKEEPING, OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
   3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
   (A)  ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION
 OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER;
   (B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
 THE WHOLESALE LICENSE BEING APPLIED FOR; AND
   (C) THE APPLICANT HAS SUBSTANTIALLY  COMPLIED  WITH  THE  REQUIREMENTS
 NECESSARY TO OBTAIN SUCH LICENSE.
   4.  THE  APPLICATION  FOR  A PERMIT SHALL BE APPROVED OR DENIED BY THE
 LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
 CATION.
   5. A TEMPORARY PERMIT SHALL  AUTHORIZE  THE  PERMITTEE  TO  OPERATE  A
 WHOLESALE  FACILITY FOR THE PURCHASE, WAREHOUSING, AND SALE OF ALCOHOLIC
 BEVERAGES ACCORDING TO THE LAWS APPLICABLE  TO  THE  TYPE  OF  WHOLESALE
 LICENSE BEING APPLIED FOR.
   6.  SUCH  TEMPORARY  PERMIT  SHALL  REMAIN IN EFFECT FOR SIX MONTHS OR
 UNTIL THE WHOLESALE LICENSE  BEING  APPLIED  FOR  IS  APPROVED  AND  THE
 LICENSE  GRANTED,  WHICHEVER  IS SHORTER. SUCH PERMIT MAY BE EXTENDED AT
 THE DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH  PERI-
 ODS  OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR EACH
 SUCH EXTENSION.
   7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  A  TEMPORARY
 WHOLESALE  PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF
 THE LIQUOR AUTHORITY DETERMINES THAT  GOOD  CAUSE  FOR  CANCELLATION  OR
 SUSPENSION  EXISTS.  THE  LIQUOR  AUTHORITY  SHALL  PROMPTLY  NOTIFY THE
 PERMITTEE IN WRITING OF SUCH CANCELLATION OR SUSPENSION  AND  SHALL  SET
 FORTH THE REASONS FOR SUCH ACTION.
   8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
 ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
 WISE  SHOWN.  A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL
 EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE  EVIDENCE
 IN FAVOR OF THE APPLICANT.
   §  2.    This act shall take effect immediately and shall apply to all
 applications filed after the date upon which it shall have become a law.
 
                                  PART J
 
   Section 1. Section 4 of chapter 118 of the laws of 2012  amending  the
 alcoholic  beverage  control  law relating to the powers of the chairman
 and members of the authority, as amended by chapter 124 of the  laws  of
 2021, is amended to read as follows:
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed [twelve] FIFTEEN years after such date.
   § 2. This act shall take effect immediately.
 
                                  PART K
 S. 8305--C                         41                         A. 8805--C
 
   Section 1. Section 5 of chapter 396 of the laws of 2010  amending  the
 alcoholic  beverage  control  law  relating  to liquidator's permits and
 temporary retail permits, as amended by section 1 of part O  of  chapter
 55 of the laws of 2023, is amended to read as follows:
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, provided that  paragraph  (b)  of  subdivision  1  of
 section  97-a  of the alcoholic beverage control law as added by section
 two of this act shall expire and be deemed repealed October  12,  [2024]
 2025.
   § 2. This act shall take effect immediately.
 
                                  PART L
 
                           Intentionally Omitted
 
                                  PART M
 
   Section 1.  Subdivisions 2, 7 and 10, and paragraph a of subdivision 5
 of  section  196-b  of the labor law, as added by section 1 of part J of
 chapter 56 of the laws of 2020, are amended and a new subdivision 4-a is
 added to read as follows:
   2. Nothing in this section shall be construed to prohibit  or  prevent
 an  employer from providing an amount of sick leave, paid or unpaid,  OR
 PAID PRENATAL PERSONAL LEAVE which is in excess of the requirements  set
 forth in subdivision one AND SUBDIVISION FOUR-A of this section, or from
 adopting  a  paid  leave  policy  that  provides  additional benefits to
 employees. An employer may elect to provide its employees with the total
 amount of sick leave required to fulfill  its  obligations  pursuant  to
 subdivision  one  of this section at the beginning of the calendar year,
 provided, however that no employer  shall  be  permitted  to  reduce  or
 revoke  any such sick leave based on the number of hours actually worked
 by an employee during the calendar year if such employer elects pursuant
 to this subdivision.
   4-A. IN ADDITION TO THE SICK LEAVE PROVIDED FOR IN  THIS  SECTION,  ON
 AND  AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, EVERY EMPLOYER SHALL
 BE REQUIRED TO PROVIDE TO ITS EMPLOYEES TWENTY HOURS  OF  PAID  PRENATAL
 PERSONAL  LEAVE DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD. PAID PRENATAL
 PERSONAL LEAVE SHALL MEAN LEAVE  TAKEN  FOR  THE  HEALTH  CARE  SERVICES
 RECEIVED  BY AN EMPLOYEE DURING THEIR PREGNANCY OR RELATED TO SUCH PREG-
 NANCY, INCLUDING PHYSICAL EXAMINATIONS, MEDICAL  PROCEDURES,  MONITORING
 AND  TESTING, AND DISCUSSIONS WITH A HEALTH CARE PROVIDER RELATED TO THE
 PREGNANCY. PAID PRENATAL PERSONAL LEAVE MAY BE TAKEN  IN  HOURLY  INCRE-
 MENTS. BENEFITS FOR PAID PRENATAL PERSONAL LEAVE SHALL BE PAID IN HOURLY
 INSTALLMENTS.  EMPLOYEES  SHALL  RECEIVE  COMPENSATION AT THE EMPLOYEE'S
 REGULAR RATE OF PAY, OR THE APPLICABLE MINIMUM WAGE ESTABLISHED PURSUANT
 TO SECTION SIX HUNDRED FIFTY-TWO OF THIS CHAPTER, WHICHEVER IS  GREATER,
 FOR  THE  USE  OF PAID PRENATAL PERSONAL LEAVE.  NOTHING IN THIS SECTION
 SHALL BE CONSTRUED TO REQUIRE AN EMPLOYER TO PAY AN EMPLOYEE FOR  UNUSED
 PAID  PRENATAL  LEAVE  UPON  SUCH  EMPLOYEE'S  TERMINATION, RESIGNATION,
 RETIREMENT, OR OTHER SEPARATION FROM EMPLOYMENT.
   a. An employer may not require the disclosure of confidential informa-
 tion relating to a mental or physical illness, injury, or health  condi-
 tion  of  such employee or such employee's family member, or information
 relating to absence  from  work  due  to  domestic  violence,  a  sexual
 S. 8305--C                         42                         A. 8805--C
 
 offense,  stalking,  or  human  trafficking, as a condition of providing
 sick leave OR PAID PRENATAL PERSONAL LEAVE pursuant to this section.
   7. No employer or [his or her] THEIR agent, or the officer or agent of
 any corporation, partnership, or limited liability company, or any other
 person,  shall  discharge,  threaten,  penalize,  or in any other manner
 discriminate or retaliate against any employee because such employee has
 exercised [his or her] THEIR rights afforded under this section, includ-
 ing, but not limited to, requesting sick leave OR  PAID  PRENATAL  LEAVE
 and  using  sick  leave  OR  PAID  PRENATAL  LEAVE,  consistent with the
 provisions of section two hundred fifteen of this chapter.
   10. Upon return to work following any  sick  leave  OR  PAID  PRENATAL
 LEAVE  taken  pursuant to this section, an employee shall be restored by
 [his or her] THEIR employer to the position of employment held  by  such
 employee  prior  to any sick leave OR PAID PRENATAL LEAVE taken pursuant
 to this section with the same pay and  other  terms  and  conditions  of
 employment.
   § 2. This act shall take effect January 1, 2025.
 
                                  PART N
 
                           Intentionally Omitted
 
                                  PART O
 
                           Intentionally Omitted
 
                                  PART P
 
                           Intentionally Omitted
 
                                  PART Q
 
   Section  1.  Subdivision 2 of section 200 of the state finance law, as
 added by chapter 78 of the laws of 1982, is amended to read as follows:
   2. Notwithstanding the provisions of subdivision one of this  section,
 where the state and an employee organization representing state officers
 and  employees  who are in positions which are in collective negotiating
 units established pursuant to article fourteen of the civil service  law
 enter  into  an agreement providing for an alternative procedure for the
 payment of salaries to such employees or where the director of  employee
 relations  shall  authorize  an alternative procedure for the payment of
 salaries to state officers or employees in the executive branch who  are
 in  positions which are not in collective negotiating units, such alter-
 native procedure shall be implemented in lieu of the procedure specified
 in subdivision one of this section.  NOTWITHSTANDING ANY OTHER PROVISION
 OF LAW TO THE CONTRARY, WHERE THE STATE  AND  AN  EMPLOYEE  ORGANIZATION
 REPRESENTING  OFFICERS  AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN
 POSITIONS WHICH ARE IN COLLECTIVE NEGOTIATING UNITS ESTABLISHED PURSUANT
 TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW ENTER INTO AN AGREEMENT, OR
 WHERE THE DIRECTOR OF EMPLOYEE RELATIONS SHALL  AUTHORIZE  FOR  OFFICERS
 AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN POSITIONS WHICH ARE NOT
 IN  COLLECTIVE  NEGOTIATING  UNITS,    THE ALTERNATE PROCEDURE SPECIFIED
 HEREIN SHALL BE TERMINATED FOR OFFICERS AND EMPLOYEES HIRED ON OR  AFTER
 S. 8305--C                         43                         A. 8805--C
 
 JULY  FIRST, TWO THOUSAND TWENTY-FIVE. THE ALTERNATE PROCEDURE SPECIFIED
 HEREIN SHALL ALSO  BE  TERMINATED  FOR:  (I)  NONJUDICIAL  OFFICERS  AND
 EMPLOYEES  OF THE UNIFIED COURT SYSTEM HIRED ON OR AFTER JULY FIRST, TWO
 THOUSAND  TWENTY-FIVE,  IF  THE  CHIEF  ADMINISTRATOR  OF  THE COURTS SO
 ELECTS; (II) EMPLOYEES OF THE SENATE HIRED ON OR AFTER JULY  FIRST,  TWO
 THOUSAND  TWENTY-FIVE,  IF  THE  TEMPORARY  PRESIDENT  OF  THE SENATE SO
 ELECTS; (III) EMPLOYEES OF THE ASSEMBLY HIRED ON OR  AFTER  JULY  FIRST,
 TWO  THOUSAND TWENTY-FIVE, IF THE SPEAKER OF THE ASSEMBLY SO ELECTS; AND
 (IV) EMPLOYEES OF JOINT LEGISLATIVE EMPLOYERS HIRED  ON  OR  AFTER  JULY
 FIRST,  TWO  THOUSAND  TWENTY-FIVE,  IF  THE  TEMPORARY PRESIDENT OF THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY MUTUALLY SO ELECT  FOR  ALL  SUCH
 JOINT  LEGISLATIVE  EMPLOYERS.   ANY ELECTION MADE PURSUANT TO PARAGRAPH
 (I), (II), (III), OR (IV) OF THIS SUBDIVISION SHALL BE  IN  WRITING  AND
 FILED  WITH  THE  STATE COMPTROLLER NOT LATER THAN THIRTY DAYS AFTER THE
 ENACTMENT OF THIS LEGISLATION.
   § 2. Paragraph (c) of subdivision 2-a of  section  200  of  the  state
 finance  law, as added by chapter 947 of the laws of 1990, is amended to
 read as follows:
   (c) For officers and employees hired after the effective date of  this
 act, the withholding of five days of salary shall be accomplished in the
 same manner provided in paragraph (a) of this section provided, however,
 such withholding shall be taken on the first five payment dates in which
 such new employees would otherwise have received their salary.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE STATE AND
 AN  EMPLOYEE  ORGANIZATION  REPRESENTING  OFFICERS  AND EMPLOYEES IN THE
 EXECUTIVE BRANCH WHO ARE IN POSITIONS WHICH ARE IN COLLECTIVE  NEGOTIAT-
 ING  UNITS ESTABLISHED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE
 LAW ENTER INTO AN AGREEMENT, OR WHERE THE DIRECTOR OF EMPLOYEE RELATIONS
 SHALL AUTHORIZE FOR OFFICERS OR EMPLOYEES IN THE  EXECUTIVE  BRANCH  WHO
 ARE IN POSITIONS WHICH ARE NOT IN COLLECTIVE NEGOTIATING UNITS, OFFICERS
 AND  EMPLOYEES  HIRED  ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR,
 SHALL NOT BE SUBJECT TO THE WITHHOLDING OF FIVE DAYS OF SALARY ON  THEIR
 FIRST FIVE PAYMENT DATES AS SPECIFIED HEREIN. SUCH WITHHOLDING SHALL NOT
 BE  TAKEN  FOR:    (I) NONJUDICIAL OFFICERS AND EMPLOYEES OF THE UNIFIED
 COURT SYSTEM HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR,  IF
 THE  CHIEF  ADMINISTRATOR OF THE COURTS SO ELECTS; (II) EMPLOYEES OF THE
 SENATE HIRED ON OR AFTER JULY FIRST, TWO THOUSAND  TWENTY-FOUR,  IF  THE
 TEMPORARY  PRESIDENT  OF  THE  SENATE  SO ELECTS; (III) EMPLOYEES OF THE
 ASSEMBLY HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF  THE
 SPEAKER  OF THE ASSEMBLY SO ELECTS; AND (IV) EMPLOYEES OF JOINT LEGISLA-
 TIVE EMPLOYERS HIRED ON OR AFTER JULY FIRST, TWO  THOUSAND  TWENTY-FOUR,
 IF THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
 MUTUALLY  SO  ELECT  FOR  ALL  SUCH  JOINT  LEGISLATIVE EMPLOYERS.   ANY
 ELECTION MADE PURSUANT TO SUBPARAGRAPH (I), (II), (III), OR (IV) OF THIS
 PARAGRAPH SHALL BE IN WRITING AND FILED WITH THE STATE  COMPTROLLER  NOT
 LATER THAN THIRTY DAYS AFTER THE ENACTMENT OF THIS LEGISLATION.
   §  3.  Paragraph  (a)  of  subdivision 2-b of section 200 of the state
 finance law, as amended by chapter 171 of the laws of 1991,  is  amended
 to read as follows:
   (a)  For  nonjudicial  officers  and  employees  of  the unified court
 system: commencing with the earliest administratively  feasible  payroll
 period  (and  corresponding  payment  date)  subsequent to the date this
 subdivision becomes a law, payment on  the  payment  date  of  the  five
 payroll  periods  commencing  thereon  shall  be for nine-tenths of that
 amount paid each payroll period until a total of five-tenths  of  salary
 for  one  payroll  period  that would be paid but for this provision has
 S. 8305--C                         44                         A. 8805--C

 been withheld. For nonjudicial officers and employees  hired  after  the
 date  this  subdivision  becomes  a law, the withholding of five days of
 salary shall  be  accomplished  in  the  same  manner  described  above,
 provided,  however,  such  withholding  shall  be made on the first five
 payment dates in which such new officers or  employees  would  otherwise
 have  received their salary.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW
 TO THE CONTRARY, SUCH WITHHOLDING SHALL NOT  BE  TAKEN  FOR  NONJUDICIAL
 OFFICERS  AND  EMPLOYEES  OF  THE UNIFIED COURT SYSTEM HIRED ON OR AFTER
 JULY FIRST, TWO THOUSAND TWENTY-FOUR, IF THE CHIEF ADMINISTRATOR OF  THE
 COURTS  SO ELECTS.  ANY ELECTION MADE PURSUANT TO THIS SUBDIVISION SHALL
 BE IN WRITING AND FILED WITH THE STATE COMPTROLLER NOT LATER THAN THIRTY
 DAYS AFTER THE ENACTMENT OF THIS LEGISLATION.
   § 4. This act shall take effect July 1, 2024; provided, however,  that
 section one of this act shall take effect July 1, 2025.
 
                                  PART R
 
                           Intentionally Omitted
 
                                  PART S
 
                           Intentionally Omitted
 
                                  PART T
 
                           Intentionally Omitted
 
                                  PART U
 
   Section  1.  Section  239-bb of the general municipal law, as added by
 section 1 of part EE of chapter 55 of the laws of 2018, subdivision 8 as
 amended by chapter 717 of the laws of 2022, subdivisions  9  and  11  as
 amended  by chapter 294 of the laws of 2021, and subdivision 12 as added
 by chapter 773 of the laws of 2023, is amended to read as follows:
   § 239-bb. County-wide shared  services  panels.  1.  Definitions.  The
 following  terms  shall  have the following meanings for the purposes of
 this article:
   a. "County" shall mean any county not wholly contained within a city.
   b. "County CEO" shall mean the county  executive,  county  manager  or
 other  chief  executive  of the county, or, where none, the chair of the
 county legislative body.
   c. "Panel" shall mean a county-wide shared services panel  established
 pursuant to subdivision two of this section.
   d.  "Plan"  shall  mean  a  county-wide  shared  services property tax
 savings plan.
   2. County-wide shared services panels. a. There [shall] MAY be a coun-
 ty-wide shared services panel in each county consisting  of  the  county
 CEO,  and  one  representative  from  each city, town and village in the
 county. The chief executive officer of each town, city and village shall
 be the representative to a panel and shall be the mayor, if a city or  a
 village,  or  shall  be  the supervisor, if a town. The county CEO shall
 serve as chair. [All panels established in each county pursuant to  part
 BBB  of  chapter  fifty-nine  of the laws of two thousand seventeen, and
 S. 8305--C                         45                         A. 8805--C

 prior to the enactment of this article, shall continue  in  satisfaction
 of this section in such form as they were established, provided that the
 county  CEO  may alter the membership of the panel consistent with para-
 graph b of this subdivision.]
   b. The county CEO may invite any school district, board of cooperative
 educational  services,  fire  district,  fire  protection  district,  or
 special improvement district in the county to join a  panel.  Upon  such
 invitation, the governing body of such school district, board of cooper-
 ative  educational services, fire district, fire protection district, or
 other special district may accept such invitation by selecting a  repre-
 sentative of such governing body, by majority vote, to serve as a member
 of  the  panel.  [Such school district, board of cooperative educational
 services, fire district,  fire  protection  district  or  other  special
 district  shall  maintain  such  representation  until  the panel either
 approves a plan or transmits a statement to the secretary  of  state  on
 the  reason the panel did not approve a plan, pursuant to paragraph d of
 subdivision seven of this section. Upon approval of a plan or  a  trans-
 mission  of  a  statement to the secretary of state that a panel did not
 approve a plan in any calendar year, the county CEO may, but  need  not,
 invite  any  school district, board of cooperative educational services,
 fire district, fire protection district or special improvement  district
 in the county to join a panel thereafter convened.]
   3.  [a.]  Each county CEO [shall, after satisfying the requirements of
 part BBB of chapter fifty-nine of the laws of  two  thousand  seventeen,
 annually]  MAY  convene  the  panel  and  [shall undertake to revise and
 update a previously approved plan or alternatively] develop a [new] plan
 [through December thirty-first, two  thousand  twenty-one].  Such  plans
 shall contain new, recurring property tax savings resulting from actions
 such  as,  but  not limited to, the elimination of duplicative services;
 shared services arrangements including, joint purchasing, shared highway
 equipment, shared storage facilities, shared plowing services and energy
 and insurance purchasing cooperatives; reducing back office and adminis-
 trative overhead; and better coordinating  services.  The  secretary  of
 state  may  provide advice and/or recommendations on the form and struc-
 ture of such plans.
   [b. After having convened at least two meetings in a calendar year,  a
 panel may, by majority vote, determine that it is not in the best inter-
 est  of the taxpayers to revise and update a previously approved plan or
 to develop a new plan in such year. The county CEO of such  panel  shall
 then comply with the provisions of paragraph (d) of subdivision seven of
 this section.]
   4.  While  [revising or updating a previously approved plan, or while]
 developing a [new] plan, the county CEO shall  regularly  consult  with,
 and  take  recommendations  from,  the representatives: on the panel; of
 each collective bargaining unit of the county and the cities, towns, and
 villages; and of each collective bargaining unit  of  any  participating
 school   district,  board  of  cooperative  educational  services,  fire
 district, fire protection district, or special improvement district.
   5. The county CEO, the county  legislative  body  and  a  panel  shall
 accept input from the public, civic, business, labor and community lead-
 ers  on  any  proposed  plan.  The  county  CEO  [shall] MAY cause to be
 conducted [a minimum of three] public hearings prior to submission of  a
 plan  to  a vote of a panel. All such public hearings shall be conducted
 within the county, and public notice  of  all  such  hearings  shall  be
 provided at least one week prior in the manner prescribed in subdivision
 one of section one hundred four of the public officers law. Civic, busi-
 S. 8305--C                         46                         A. 8805--C
 
 ness,  labor,  and  community leaders, as well as members of the public,
 shall be permitted to provide public testimony at any such hearings.
   6.  a. The county CEO shall submit each plan, accompanied by a certif-
 ication as to the accuracy of the  savings  contained  therein,  to  the
 county  legislative body at least forty-five days prior to a vote by the
 panel.
   b. The county legislative body shall review  and  consider  each  plan
 submitted in accordance with paragraph a of this subdivision. A majority
 of  the  members of such body may issue an advisory report on each plan,
 making recommendations as deemed necessary. The county CEO may modify  a
 plan  based  on  such  recommendations,  which  shall include an updated
 certification as to the accuracy of the savings contained therein.
   7. a. A panel shall duly consider any plan properly submitted  to  the
 panel  by the county CEO and may approve such plan by a majority vote of
 the panel. Each member of a panel may, prior  to  the  panel-wide  vote,
 cause  to  be removed from a plan any proposed action affecting the unit
 of government represented by the respective member.  Written  notice  of
 such  removal  shall be provided to the county CEO prior to a panel-wide
 vote on a plan.
   b. Plans approved by a panel shall be [transmitted to the secretary of
 state no later than thirty days from the date of  approval  by  a  panel
 accompanied  by a certification as to the accuracy of the savings accom-
 panied therein, and shall be] publicly disseminated to residents of  the
 county  in a concise, clear, and coherent manner using words with common
 and everyday meaning.
   c. The county CEO shall conduct a public presentation of any  approved
 plan  no  later  than  thirty days from the date of approval by a panel.
 Public notice of such presentation shall be provided at least  one  week
 prior in the manner prescribed in subdivision one of section one hundred
 four of the public officers law.
   [d.  Beginning  in two thousand twenty, by January fifteenth following
 any calendar year during which a panel did not approve a plan and trans-
 mit such plan to the secretary of state pursuant to paragraph b of  this
 subdivision,  the  county  CEO of such panel shall release to the public
 and transmit to the secretary of state a statement  explaining  why  the
 panel  did  not  approve a plan that year, including, for each vote on a
 plan, the vote taken by each panel member and  an  explanation  by  each
 panel member of their vote.
   8.  For  each  county,  new shared services actions in an approved and
 submitted plan pursuant to this section or part BBB  of  chapter  fifty-
 nine  of the laws of two thousand seventeen, may be eligible for funding
 to match savings from such action, subject to  available  appropriation.
 Savings that are actually and demonstrably realized by the participating
 local  governments  are eligible for matching funding.  For actions that
 are part of an approved plan transmitted to the secretary  of  state  in
 accordance  with  paragraph  b  of  subdivision  seven  of this section,
 savings achieved during either: (i) January first through December thir-
 ty-first from new actions implemented on or after January first  through
 December  thirty-first of the year immediately following an approved and
 transmitted plan, or (ii) July first of the year  immediately  following
 an  approved  and  transmitted plan through June thirtieth of the subse-
 quent year from new actions implemented July first  of  the  year  imme-
 diately  following an approved plan through June thirtieth of the subse-
 quent year may be eligible for  matching  funding.    Only  net  savings
 between local governments for each action would be eligible for matching
 funding. Savings from internal efficiencies or any other action taken by
 S. 8305--C                         47                         A. 8805--C

 a local government without the participation of another local government
 are  not eligible for matching funding. Each county and all of the local
 governments within the county that are part of any action to  be  imple-
 mented  as  part  of  an  approved  plan must collectively apply for the
 matching funding and agree on the distribution and use of  any  matching
 funding in order to qualify for matching funding.
   9. The department of state shall prepare a report to the governor, the
 temporary president of the senate and the speaker of the assembly on the
 county-wide  shared  services  plans  approved by the county-wide shared
 services panels created pursuant to part BBB of  chapter  fifty-nine  of
 the  laws  of two thousand seventeen and this article and shall post the
 report on the department's website. Such report shall be provided on  or
 before  June  thirtieth, two thousand twenty-five and shall include, but
 not be limited to, the following:
   a. a detailed summary  of  projects  included  in  county-wide  shared
 services plans by category, such as:
   (1) public health and insurance;
   (2) emergency services;
   (3) sewer, water, and waste management systems;
   (4) energy procurement and efficiency;
   (5) parks and recreation;
   (6) education and workforce training;
   (7) law and courts;
   (8) shared equipment, personnel, and services;
   (9) joint purchasing;
   (10) governmental reorganization;
   (11) transportation and highway departments; and
   (12) records management and administrative functions.
   b. for each of the counties the following information:
   (1)  a  detailed  summary  of  each  of  the  savings plans, including
 revisions and updates submitted each year or  the  statement  explaining
 why the county did not approve a plan in any year;
   (2) the anticipated savings for each plan;
   (3) the number of cities, towns and villages in the county;
   (4)  the  number  of cities, towns and villages that participated in a
 panel, as reported in a plan;
   (5) the number of school districts, boards of cooperative  educational
 services,  fire  districts,  fire protection districts, or other special
 districts in the county; and
   (6) the number of school districts, boards of cooperative  educational
 services,  fire  districts,  fire protection districts, or other special
 districts that participated in a panel, as reported in a plan.
   10.] 8. The secretary of state may solicit, and the panels may provide
 at [her or his] THE request OF THE SECRETARY OF STATE, advice and recom-
 mendations concerning matters related to the operations of local govern-
 ments and shared services initiatives, including, but  not  limited  to,
 making  recommendations regarding grant proposals incorporating elements
 of shared services,  government  dissolutions,  government  and  service
 consolidations, or property taxes and such other grants where the secre-
 tary  deems  the  input  of the panels to be in the best interest of the
 public. The panel shall advance such advice or recommendations by a vote
 of the majority of the members present at such meeting.
   [11. The authority granted by this article to a county CEO to  convene
 a  panel  for  the purpose of revising or updating a previously approved
 plan, or developing a new plan, or to provide  the  secretary  of  state
 S. 8305--C                         48                         A. 8805--C

 information  pursuant to subdivision ten of this section, shall cease on
 December thirty-first, two thousand twenty-four.
   12. Notwithstanding any other provision of law to the contrary, monies
 constituting  the  funds  of the village incorporation commission estab-
 lished pursuant to section 2-259 of the village law shall  be  deposited
 with  the  state  comptroller  and  held for the purposes of the village
 incorporation commission established in article two of the village  law;
 provided,  however, that such monies shall be derived from the appropri-
 ation dedicated to the matching funds program  pursuant  to  subdivision
 eight  of  this section and provided further, that such funding for such
 entity shall not be subject to the requirements of subdivision eight  of
 this section related to savings.]
   §  2. The executive law is amended by adding a new section 110 to read
 as follows:
   § 110. ADMINISTRATION OF CERTAIN MONIES. THE SECRETARY OR THEIR DESIG-
 NEE SHALL ADMINISTER MONIES COLLECTED PURSUANT TO SECTION 2-202  OF  THE
 VILLAGE  LAW  AND  APPROPRIATIONS  AVAILABLE  FOR  THE OPERATIONS OF THE
 VILLAGE INCORPORATION COMMISSION ESTABLISHED PURSUANT TO  SECTION  2-260
 OF  THE VILLAGE LAW TO ENSURE THAT THE COMMISSION CAN PERFORM ITS STATU-
 TORY FUNCTIONS; AND PROVIDED FURTHER, THAT THE SECRETARY OR THEIR DESIG-
 NEE SHALL DISTRIBUTE FUNDS AS REQUIRED PURSUANT TO SECTION 2-236 OF  THE
 VILLAGE LAW AND ANY RELEVANT APPROPRIATIONS BILL.
   §  3. Section 2-236 of the village law, as amended by chapter 7 of the
 laws of 2024, is amended to read as follows:
   § 2-236 Payment of expenses incurred in proceedings for  incorporation
 if  village  not  incorporated.  If  the  incorporation  of the proposed
 village be not effected by the proceedings authorized in  this  article,
 the  expenses  incurred by the towns in which any part of such territory
 is located for payment  of  cost  of  posting,  publishing  and  serving
 required  notices,  stenographic  services and services of inspectors of
 election shall be paid from the fund deposited with  the  department  of
 state,  on  behalf  of  the commission. If such fund so deposited is not
 sufficient to pay all of such expenses, the costs in excess of such fund
 shall be a general town charge. [Any unexpended  balance  of  such  fund
 shall become a part of the general fund of the town.]
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024; provided,
 however that this act shall not affect the eligibility for funding    to
 match  savings  for  any shared services actions that are part of a plan
 approved  and submitted to the secretary of  state pursuant  to  section
 239-bb  of the general municipal law as of January 31, 2024. Each county
 and all of the local governments within the county that are part of  any
 such  actions  to  be  implemented  as  part  of such approved plans may
 collectively apply for the matching funding for savings  achieved   from
 such  implemented  actions  and  the secretary of state shall distribute
 such matching funding according to the provisions of section  239-bb  of
 the general municipal law in effect as of January 31, 2024.
 
                                  PART V
 
                           Intentionally Omitted
 
                                  PART W
 S. 8305--C                         49                         A. 8805--C
 
   Section  1.  Paragraphs t and u of subdivision 10 of section 54 of the
 state finance law, paragraph u as relettered by section 3 of part  K  of
 chapter  55 of the laws of 2013, are relettered paragraphs u and v and a
 new paragraph t is added to read as follows:
   T.  LOCAL  GOVERNMENT  EFFICIENCY GRANT PROGRAM BEGINNING IN THE STATE
 FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND  TWENTY-FOUR.  (I)  (1)
 FOR  THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN A COUNTY,
 CITY, TOWN, VILLAGE, SPECIAL IMPROVEMENT DISTRICT, FIRE DISTRICT, PUBLIC
 LIBRARY, ASSOCIATION LIBRARY, OR PUBLIC LIBRARY  SYSTEM  AS  DEFINED  BY
 SECTION TWO HUNDRED SEVENTY-TWO OF THE EDUCATION LAW; PROVIDED, HOWEVER,
 THAT  FOR THE PURPOSES OF THIS DEFINITION, A PUBLIC LIBRARY SYSTEM SHALL
 BE CONSIDERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH PUBLIC LIBRARY
 SYSTEM ADVANCES A JOINT APPLICATION ON BEHALF OF ITS  MEMBER  LIBRARIES,
 WATER  AUTHORITY,  SEWER  AUTHORITY,  REGIONAL  PLANNING AND DEVELOPMENT
 BOARD, SCHOOL DISTRICT, OR BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES;
 PROVIDED,  HOWEVER, THAT FOR THE PURPOSES OF THIS DEFINITION, A BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSIDERED A MUNICIPALITY ONLY
 IN INSTANCES  WHERE  SUCH  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
 ADVANCES  A  JOINT  APPLICATION  ON BEHALF OF SCHOOL DISTRICTS AND OTHER
 MUNICIPALITIES WITHIN THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
 REGION;  PROVIDED,  HOWEVER, THAT ANY AGREEMENTS WITH A BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES: SHALL NOT  GENERATE  ADDITIONAL  STATE  AID;
 SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPITAL AND ADMINISTRA-
 TIVE  BUDGETS  OF  THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE
 PURPOSES OF COMPUTING CHARGES UPON COMPONENT SCHOOL  DISTRICTS  PURSUANT
 TO  SUBDIVISION ONE AND SUBPARAGRAPH SEVEN OF PARAGRAPH B OF SUBDIVISION
 FOUR OF SECTION NINETEEN HUNDRED FIFTY, AND SUBDIVISION ONE  OF  SECTION
 NINETEEN  HUNDRED FIFTY-ONE OF THE EDUCATION LAW; AND SHALL BE DEEMED TO
 BE A COOPERATIVE MUNICIPAL SERVICE FOR PURPOSES OF SUBPARAGRAPH  TWO  OF
 PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THE
 EDUCATION LAW.
   (2)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, "FUNCTIONAL CONSOLIDATION"
 SHALL MEAN ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE  OR  FUNCTION
 FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
 TION.
   (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
 STATE  MAY  AWARD  COMPETITIVE  GRANTS  TO MUNICIPALITIES TO COVER COSTS
 ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
 LIMITED TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL  CONSOLIDATION
 OR  DISSOLUTION,  A  FUNCTIONAL  CONSOLIDATION, A CITY OR COUNTY CHARTER
 REVISION THAT INCLUDES FUNCTIONAL CONSOLIDATION, SHARED  OR  COOPERATIVE
 SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
 SUCH  LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW OPPORTU-
 NITIES FOR FINANCIAL SAVINGS  AND  OPERATIONAL  EFFICIENCIES;  PROVIDED,
 FURTHER,  THAT  ELIGIBLE  LOCAL GOVERNMENT EFFICIENCY PROJECTS SHALL NOT
 INCLUDE STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION  ELIGI-
 BLE  TO  RECEIVE A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
 GRANT PURSUANT TO PARAGRAPH Q OF  THIS  SUBDIVISION.  THE  SECRETARY  OF
 STATE  MAY  FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL AREAS, WITHIN
 DISTRESSED COMMUNITIES AND AREAS OF HISTORICALLY HIGH  LOCAL  GOVERNMENT
 COSTS  AND  PROPERTY  TAXES, OR IN AREAS OF UNIQUE OPPORTUNITY, IN WHICH
 CASE SUCH AREAS OF FOCUS SHALL BE DETAILED IN  A  REQUEST  FOR  APPLICA-
 TIONS.
   (III)  ANY  APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL
 SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
 ING FROM PROJECT IMPLEMENTATION.
 S. 8305--C                         50                         A. 8805--C
 
   (IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE  USED  TO  COVER  COSTS
 INCLUDING,  BUT  NOT  LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL
 IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY  EXPENSES
 RELATED  TO  IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT
 WORK  PLAN.  GRANTS  MAY  BE USED FOR CAPITAL IMPROVEMENTS, TRANSITIONAL
 PERSONNEL COSTS OR JOINT EQUIPMENT PURCHASES ONLY  WHERE  SUCH  EXPENSES
 ARE  INTEGRAL  TO  IMPLEMENTATION  OF  THE  LOCAL  GOVERNMENT EFFICIENCY
 PROJECT.  NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR-
 RING EXPENSES SUCH AS SALARIES, EXCEPT  THAT  THE  SALARIES  OF  CERTAIN
 TRANSITIONAL  PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE APPROVED
 LOCAL GOVERNMENT EFFICIENCY GRANT WORK PLAN  SHALL  BE  ELIGIBLE  FOR  A
 PERIOD  NOT  TO  EXCEED  THREE  YEARS.  THE  AMOUNTS AWARDED TO A SCHOOL
 DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL  NOT  BE  INCLUDED  IN  THE
 APPROVED  OPERATING  EXPENSE  OF THE SCHOOL DISTRICT AS DEFINED IN PARA-
 GRAPH T OF SUBDIVISION ONE OF SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THE
 EDUCATION LAW.
   (V)  THE  MAXIMUM  CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT EFFI-
 CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED FIFTY THOUSAND  DOLLARS  PER
 MUNICIPALITY;  PROVIDED,  HOWEVER,  THAT IN NO CASE SHALL SUCH A PROJECT
 RECEIVE A CUMULATIVE GRANT AWARD IN EXCESS OF ONE  MILLION  TWO  HUNDRED
 FIFTY  THOUSAND  DOLLARS. THE MAXIMUM GRANT AWARD FOR A LOCAL GOVERNMENT
 EFFICIENCY PLANNING PROJECT, OR THE PLANNING COMPONENT OF A PROJECT THAT
 INCLUDES BOTH PLANNING AND IMPLEMENTATION OF A  LOCAL  GOVERNMENT  EFFI-
 CIENCY  PROJECT,  SHALL  NOT  EXCEED TWENTY THOUSAND DOLLARS PER MUNICI-
 PALITY; PROVIDED, HOWEVER, THAT  IN  NO  EVENT  SHALL  SUCH  A  PLANNING
 PROJECT RECEIVE A GRANT AWARD IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS.
   (VI) LOCAL MATCHING FUNDS EQUAL TO AT LEAST FIFTY PERCENT OF THE TOTAL
 COST  OF ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT
 OF STATE SHALL BE REQUIRED FOR PLANNING GRANTS, AND LOCAL MATCHING FUNDS
 EQUAL TO AT LEAST TEN PERCENT OF THE TOTAL COST OF ACTIVITIES UNDER  THE
 GRANT  WORK  PLAN  APPROVED BY THE DEPARTMENT OF STATE SHALL BE REQUIRED
 FOR IMPLEMENTATION GRANTS. IN THE EVENT AN APPLICANT IS  IMPLEMENTING  A
 PROJECT  THAT  THE  APPLICANT DEVELOPED THROUGH A SUCCESSFULLY COMPLETED
 PLANNING GRANT  FUNDED  UNDER  THE  LOCAL  GOVERNMENT  EFFICIENCY  GRANT
 PROGRAM  OR  THE  SHARED MUNICIPAL SERVICES INCENTIVE GRANT PROGRAM, THE
 LOCAL MATCHING FUNDS REQUIRED SHALL BE REDUCED  BY  THE  LOCAL  MATCHING
 FUNDS  REQUIRED  BY SUCH SUCCESSFULLY COMPLETED PLANNING GRANT UP TO THE
 AMOUNT OF LOCAL MATCHING FUNDS REQUIRED FOR THE IMPLEMENTATION GRANT.
   (VII) IN THE SELECTION OF GRANT AWARDS, THE SECRETARY OF  STATE  SHALL
 GIVE  THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN THE
 DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
 THE COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3)  BY
 LOCAL  GOVERNMENTS  WITH  HISTORICALLY HIGH COSTS OF LOCAL GOVERNMENT OR
 SUSTAINED INCREASES IN PROPERTY TAXES. PRIORITY WILL ALSO  BE  GIVEN  TO
 MUNICIPALITIES  THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT PURSUANT
 TO THIS  PROGRAM  OR  THE  SHARED  MUNICIPAL  SERVICES  INCENTIVE  GRANT
 PROGRAM,  AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL DEVEL-
 OPMENT PROJECTS THAT HAVE RECEIVED FUNDS  THROUGH  STATE  COMMUNITY  AND
 INFRASTRUCTURE DEVELOPMENT PROGRAMS.
   (VIII)  WITHIN  ONE WEEK OF THE RECEIPT OF AN APPLICATION, THE DEPART-
 MENT OF STATE SHALL REVIEW THE APPLICATION TO ENSURE THE  APPLICANT  HAS
 FILED THE CORRECT APPLICATION, AND TO DETERMINE IF ANY REQUIRED SECTIONS
 OF  THE  APPLICATION  CONTAIN NO INFORMATION. WITHIN ONE BUSINESS DAY OF
 DETERMINING AN APPLICANT HAS FILED AN INCORRECT APPLICATION,  OR  DETER-
 MINING  AN  APPLICATION CONTAINS NO INFORMATION IN A SECTION REQUIRED TO
 CONTAIN INFORMATION, THE  DEPARTMENT  SHALL  SO  NOTIFY  THE  APPLICANT.
 S. 8305--C                         51                         A. 8805--C
 
 APPLICANTS  SHALL BE PERMITTED TO AMEND AN APPLICATION FOUND TO BE MISS-
 ING INFORMATION, AND SUCH APPLICATION SHALL BE RECONSIDERED FOR APPROVAL
 IF IT IS AMENDED BY  THE  APPLICATION  DEADLINE.  IF  AN  APPLICANT  HAS
 SUBMITTED AN INCORRECT APPLICATION, THE APPLICANT MAY SUBMIT THE CORRECT
 APPLICATION  TO THE APPROPRIATE PROGRAM BY THE DEADLINE FOR SUCH PROGRAM
 FOR CONSIDERATION. UNDER NO CIRCUMSTANCES  SHALL  THIS  SUBPARAGRAPH  BE
 DEEMED  TO REQUIRE THE EXTENSION OF ANY APPLICATION DEADLINE ESTABLISHED
 BY THE DEPARTMENT, NOR SHALL IT OBLIGATE THE  DEPARTMENT  TO  CONDUCT  A
 SUBSTANTIVE  REVIEW  OF  THE  CONTENTS OF ANY APPLICATION OUTSIDE OF THE
 PROCEDURES ESTABLISHED BY THE DEPARTMENT FOR THE PURPOSES OF MAINTAINING
 THE COMPETITIVE INTEGRITY OF THE GRANT PROGRAM.
   (IX) WRITTEN NOTICE SHALL BE PROVIDED TO AN APPLICANT  OF  A  DECISION
 REGARDING  THE  GRANT OR DENIAL OF AN AWARD UNDER THIS PARAGRAPH, WITHIN
 THIRTY DAYS AFTER SUCH DECISION.
   (X) THE DEPARTMENT OF STATE SHALL PREPARE  AN  ANNUAL  REPORT  TO  THE
 GOVERNOR  AND  THE LEGISLATURE ON THE EFFECTIVENESS OF THE LOCAL GOVERN-
 MENT EFFICIENCY GRANT PROGRAM AND THE LOCAL GOVERNMENT  CITIZENS  RE-OR-
 GANIZATION  EMPOWERMENT  GRANT PROGRAM. SUCH REPORT SHALL BE PROVIDED ON
 OR BEFORE OCTOBER FIRST OF EACH YEAR  AND  SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
 GRANT  CATEGORY,  AN  ASSESSMENT OF PROGRESS IN IMPLEMENTING INITIATIVES
 THAT RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND  SIGNIF-
 ICANT  IMPROVEMENTS  IN  SERVICE  REALIZED  BY  MUNICIPALITIES THAT HAVE
 RECEIVED GRANTS.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART X
 
                           Intentionally Omitted
 
                                  PART Y
 
   Section  1.  Section  2  of  part P of chapter 55 of the laws of 2022,
 amending the alcoholic beverage  control  law  relating  to  authorizing
 retail  licensees  for  on-premises  consumption  to sell and/or deliver
 alcoholic beverages for off-premises consumption, is amended to read  as
 follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed [three] EIGHT years after such date.
   § 2. This act shall take effect immediately.
 
                                  PART Z
 
   Section 1. Section 240.30 of the penal law is amended by adding a  new
 subdivision 3-a to read as follows:
   3-A.  WITH  THE  INTENT  TO  HARASS,  ANNOY, THREATEN OR ALARM ANOTHER
 PERSON, SUCH PERSON STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTH-
 ER PERSON TO PHYSICAL CONTACT, WHICH INCLUDES  SPITTING  ON  SUCH  OTHER
 PERSON,  AND  SUCH  OTHER  PERSON IS A TRAIN OPERATOR, TICKET INSPECTOR,
 CONDUCTOR, SIGNALPERSON, BUS OPERATOR, STATION AGENT,  STATION  CLEANER,
 TERMINAL  CLEANER,  STATION  CUSTOMER ASSISTANT, TRAFFIC CHECKER; PERSON
 WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES,
 VOUCHERS, OR OTHER REVENUE PAYMENT MEDIA FOR USE ON  A  TRAIN,  BUS,  OR
 FERRY  OR  THE  COLLECTION  OR  HANDLING OF REVENUES THEREFROM; A PERSON
 S. 8305--C                         52                         A. 8805--C

 WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROU-
 BLESHOOTING, TESTING OR CLEANING OF BUSES OR FERRIES, A  TRANSIT  SIGNAL
 SYSTEM,  ELEVATED  OR  UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUC-
 TURE,  INCLUDING  FARE EQUIPMENT, ESCALATORS, ELEVATORS AND OTHER EQUIP-
 MENT NECESSARY TO PASSENGER SERVICE, COMMUTER RAIL TRACKS  OR  STATIONS,
 TRAIN  YARD,  REVENUE  TRAIN IN PASSENGER SERVICE, A FERRY STATION, OR A
 TRAIN OR BUS STATION OR TERMINAL; OR A  SUPERVISOR  OF  SUCH  PERSONNEL,
 EMPLOYED BY ANY TRANSIT AGENCY, AUTHORITY OR COMPANY, PUBLIC OR PRIVATE,
 WHOSE  OPERATION IS AUTHORIZED BY NEW YORK STATE OR ANY OF ITS POLITICAL
 SUBDIVISIONS WHILE SUCH INDIVIDUAL IS PERFORMING AN ASSIGNED DUTY; OR
   § 2. Subdivision 11 of section 120.05 of the penal law, as amended  by
 chapter 233 of the laws of 2022, is amended to read as follows:
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner, terminal cleaner, station customer assistant, TRAFFIC  CHECKER;
 person  whose official duties include the sale or collection of tickets,
 passes, vouchers, or other revenue payment media  for  use  on  a  train
 [or],  bus, OR FERRY the collection or handling of revenues therefrom; a
 person  whose  official  duties   include   the   maintenance,   repair,
 inspection,  troubleshooting, testing or cleaning of buses OR FERRIES, a
 transit signal system, elevated or underground  subway  tracks,  transit
 station  structure,  including fare equipment, escalators, elevators and
 other equipment necessary to passenger service, commuter rail tracks  or
 stations,  train  yard,  revenue  train  in  passenger  service, A FERRY
 STATION, or a train or bus station or terminal; or a supervisor of  such
 personnel, employed by any transit or commuter rail agency, authority or
 company,  public  or  private, whose operation is authorized by New York
 state or any of its political subdivisions, a  city  marshal,  a  school
 crossing  guard appointed pursuant to section two hundred eight-a of the
 general municipal law, a traffic enforcement officer,  traffic  enforce-
 ment  agent,  prosecutor as defined in subdivision thirty-one of section
 1.20 of the criminal procedure law, sanitation  enforcement  agent,  New
 York  city  sanitation  worker,  public health sanitarian, New York city
 public health sanitarian, registered nurse,  licensed  practical  nurse,
 emergency  medical service paramedic, or emergency medical service tech-
 nician, he or she causes physical injury to such train operator,  ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner,  terminal cleaner, station customer assistant, TRAFFIC CHECKER;
 person whose official duties include the sale or collection of  tickets,
 passes, vouchers or other revenue payment media for use on a train [or],
 bus,  OR  FERRY  or  the collection or handling of revenues therefrom; a
 person  whose  official  duties   include   the   maintenance,   repair,
 inspection,  troubleshooting, testing or cleaning of buses OR FERRIES, a
 transit signal system, elevated or underground  subway  tracks,  transit
 station  structure,  including fare equipment, escalators, elevators and
 other equipment necessary to passenger service, commuter rail tracks  or
 stations,  train  yard,  revenue  train  in  passenger  service, A FERRY
 STATION, or a train or bus station or terminal; or a supervisor of  such
 personnel,  city  marshal,  school  crossing guard appointed pursuant to
 section two hundred  eight-a  of  the  general  municipal  law,  traffic
 enforcement officer, traffic enforcement agent, prosecutor as defined in
 subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
 registered nurse, licensed practical nurse,  public  health  sanitarian,
 New  York  city  public health sanitarian, sanitation enforcement agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency medical service technician, while such employee is  performing
 S. 8305--C                         53                         A. 8805--C
 
 an assigned duty on, or directly related to, the operation of a train or
 bus,  cleaning  of a train or bus station or terminal, assisting custom-
 ers, CHECKING TRAFFIC, the sale or collection of tickets, passes, vouch-
 ers,  or  other  revenue media for use on a train [or], bus, OR FERRY or
 maintenance or cleaning of a train, a bus, A FERRY, or  bus  station  or
 terminal,  signal system, elevated or underground subway tracks, transit
 station structure, including fare equipment, escalators,  elevators  and
 other  equipment necessary to passenger service, commuter rail tracks or
 stations, train yard or revenue train  in  passenger  service,  A  FERRY
 STATION,  or  such city marshal, school crossing guard, traffic enforce-
 ment officer, traffic enforcement agent, prosecutor as defined in subdi-
 vision thirty-one of section 1.20 of the criminal procedure law,  regis-
 tered  nurse,  licensed  practical  nurse, public health sanitarian, New
 York city public health sanitarian, sanitation  enforcement  agent,  New
 York  city  sanitation  worker,  emergency medical service paramedic, or
 emergency medical service technician is performing an assigned duty; or
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART AA
 
   Section  1.  Subparagraph  (iii)  of paragraph (c) of subdivision 2 of
 section 722.23 of the criminal procedure law, as added by section 1-a of
 part WWW of chapter 59 of the laws  of  2017,  is  amended  to  read  as
 follows:
   (iii)  the  defendant  unlawfully engaged in [sexual intercourse, oral
 sexual conduct, anal sexual conduct] VAGINAL SEXUAL CONTACT, ORAL SEXUAL
 CONTACT, ANAL SEXUAL CONTACT, or sexual contact as  defined  in  section
 130.00 of the penal law.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as chapter 777 of the laws of 2023, as amended, takes effect.
 
                                  PART BB
 
   Section 1.  Subdivision 4 of section 467 of the real property tax law,
 as separately amended by section 1 of part B of chapter 686 and  chapter
 738 of the laws of 2022, is amended to read as follows:
   4.  Every municipal corporation in which such real property is located
 shall notify, or cause to be notified, each  person  owning  residential
 real  property  in  such municipal corporation of the provisions of this
 section. The provisions of this subdivision may be met by  a  notice  or
 legend  sent  on  or with each tax or PILOT bill to such persons reading
 ["You may be eligible for senior citizen tax exemptions. Senior citizens
 have until month.........., day......., year......, to  apply  for  such
 exemptions.  For  information please call or write....," followed by the
 name, telephone number and/or address of a person or department selected
 by the municipal corporation to explain the provisions of this  section]
 SUBSTANTIALLY  AS SET FORTH IN SUBDIVISION ONE-C OF SECTION NINE HUNDRED
 TWENTY-TWO OF THIS CHAPTER.    Each  cooperative  apartment  corporation
 shall  notify  each  tenant-stockholder  thereof  in  residence  of such
 provisions as set forth herein. Failure to notify, or cause to be  noti-
 fied  any  person  who  is  in  fact,  eligible to receive the exemption
 provided by this section or the failure of such person  to  receive  the
 same  shall  not  prevent  the  levy,  collection and enforcement of the
 payment of the taxes or PILOT on property owned by such person. A second
 S. 8305--C                         54                         A. 8805--C
 
 copy of the notice required by this subdivision  shall  be  sent  thirty
 days prior to the filing deadline.
   §  2.  Subdivision  12 of section 905 of the real property tax law, as
 added by chapter 167 of the laws of 2018, is amended to read as follows:
   12. Surplus. Any surplus funds remaining after the sale of a  property
 at a tax foreclosure for unpaid code violations shall be returned to the
 former  owner  of  the property in a manner as provided under local law.
 [This provision shall not apply to a sale of a property at a  tax  fore-
 closure  due  to  unpaid  taxes. If a property has both unpaid taxes and
 unpaid code violations on the same tax levy and is auctioned  at  a  tax
 foreclosure the amount of the surplus funds returned to the former owner
 shall  be  proportionate to the amount of unpaid code violations owed in
 the total amount of debt owed to the city of Buffalo.] For  the  purpose
 of  this  section,  "surplus  funds"  shall  mean  the  balance of money
 received after auction of a property at a tax foreclosure sale minus the
 amount owed for code  violations  and  the  costs  and  attorneys'  fees
 incurred in the collection of the fees by the city.
   §  3.  Section 922 of the real property tax law is amended by adding a
 new subdivision 1-c to read as follows:
   1-C. EACH STATEMENT OF TAXES PERTAINING TO RESIDENTIAL PROPERTY  SHALL
 CONTAIN OR BE ACCOMPANIED BY A NOTICE OR LEGEND READING SUBSTANTIALLY AS
 FOLLOWS: "IF YOU ARE A SENIOR CITIZEN, A PERSON WITH A PHYSICAL DISABIL-
 ITY  AND/OR  A  VETERAN, YOU MAY BE ENTITLED TO A PARTIAL EXEMPTION FROM
 PROPERTY TAXES. ELIGIBLE HOMEOWNERS HAVE UNTIL (INSERT  DATE)  TO  APPLY
 FOR  SUCH  EXEMPTIONS.  FOR FURTHER INFORMATION PLEASE CALL OR WRITE THE
 ASSESSOR'S OFFICE" FOLLOWED BY THE TELEPHONE NUMBER AND ADDRESS OF  THAT
 OFFICE.
   §  4.   Subdivision 1 of section 1102 of the real property tax law, as
 amended by chapter 532 of the laws  of  1994,  is  amended  to  read  as
 follows:
   1. "Charges" or "legal charges" means:
   (a)  the cost of the mailing or service of notices required or author-
 ized by this article;
   (b) the cost of publication of notices required or authorized by  this
 title;
   (c) the amount of any interest and penalties imposed by law;
   (d)  the  cost  of  recording  or  filing  legal documents required or
 authorized by this article; [and]
   (e) THE COST OF APPRAISING A PARCEL FOR THE PURPOSE OF DETERMINING THE
 EXISTENCE AND AMOUNT OF ANY SURPLUS PURSUANT TO SECTION  ELEVEN  HUNDRED
 NINETY-SIX OF THIS ARTICLE;
   (F)  the  reasonable  and  necessary  cost of any search of the public
 record required or authorized to satisfy the notice requirements of this
 article, and [the] OTHER reasonable and necessary  expenses  [for  legal
 services  of] INCURRED BY a tax district in connection with a proceeding
 to foreclose a tax lien, INCLUDING BUT NOT  LIMITED  TO  ADMINISTRATIVE,
 AUCTION  AND  REASONABLE  ATTORNEY FEES AND/OR COSTS ASSOCIATED WITH THE
 FORECLOSURE PROCESS; provided, that: (i) a charge of up to [one]  EITHER
 TWO  hundred  fifty dollars per parcel, OR TWO PERCENT OF THE SUM OF THE
 TAXES, INTEREST AND PENALTIES DUE ON THE PARCEL, WHICHEVER  IS  GREATER,
 shall  be deemed reasonable and necessary to cover the combined costs of
 such searches and [legal expenses] THE OTHER  REASONABLE  AND  NECESSARY
 COSTS  AND EXPENSES DELINEATED IN THIS PARAGRAPH, and such an amount may
 be charged without substantiation, even if salaried employees of the tax
 district performed [the search or legal] SOME OR ALL OF  SUCH  services;
 and  (ii) a tax district may charge a greater amount with respect to one
 S. 8305--C                         55                         A. 8805--C
 
 or more parcels upon demonstration to  the  satisfaction  of  the  court
 having  jurisdiction  that such greater amount was reasonable and neces-
 sary; AND
   [(f)]  (G) THE AMOUNT OWED TO THE TAX DISTRICT BY VIRTUE OF A JUDGMENT
 LIEN, A MORTGAGE LIEN, OR ANY OTHER LIEN HELD BY THE TAX  DISTRICT  THAT
 IS NOT A DELINQUENT TAX LIEN.
   (H)  Charges shall be deemed a part of the delinquent tax for purposes
 of redemption AND DETERMINATION OF SURPLUS.
   § 5. Subdivision 1 of section 1123 of the real property  tax  law,  as
 amended  by  chapter  579  of  the  laws  of 1995, is amended to read as
 follows:
   1. [Twenty-one] EIGHTEEN months after lien date, or as soon thereafter
 as is practicable, the enforcing officer shall  execute  a  petition  of
 foreclosure  pertaining  to  those  properties  which  remain subject to
 delinquent tax liens; provided, however, that in the  case  of  property
 which  is  subject to a three or four year redemption period, such peti-
 tion shall be executed [thirty-three or forty-five] THIRTY OR  FORTY-TWO
 months  after lien date, respectively, or as soon thereafter as is prac-
 ticable.
   § 6. The sixth undesignated paragraph of subdivision 3 of section 1124
 of the real property tax law, as amended by chapter 532 of the  laws  of
 1994, is amended to read as follows:
   Last  day  for redemption: The last day for redemption is hereby fixed
 as the ......... day of .......... (here insert a date at least  [three]
 SIX months after the date of the first publication of this notice).
   §  7. Section 1125 of the real property tax law is amended by adding a
 new subdivision 2-a to read as follows:
   2-A. IN THE CASE OF RESIDENTIAL PROPERTY AS DEFINED BY SECTION  ELEVEN
 HUNDRED ELEVEN OF THIS ARTICLE, SUCH NOTICE SHALL ALSO EITHER INCLUDE OR
 BE  ACCOMPANIED  BY  THE  HOMEOWNER  WARNING NOTICE DESCRIBED BY SECTION
 ELEVEN HUNDRED FORTY-FOUR OF THIS ARTICLE.
   § 8. The real property tax law is amended by adding a new section 1135
 to read as follows:
   § 1135. APPLICATION FOR SURPLUS. IN LIEU OF FILING AN  ANSWER  TO  THE
 FORECLOSURE  PROCEEDING,  ANY PERSON CLAIMING SURPLUS ARISING FROM A TAX
 DISTRICT'S ENFORCEMENT OF DELINQUENT PROPERTY TAXES SHALL HAVE THE RIGHT
 TO FILE WITH THE CLERK IN WHOSE OFFICE THE REPORT OF SALE  IS  FILED  AT
 ANY TIME BEFORE THE CONFIRMATION OF THE REPORT OF SALE, A WRITTEN NOTICE
 OF  SUCH  CLAIM,  STATING  THE  NATURE AND EXTENT OF THEIR CLAIM AND THE
 ADDRESS OF THE CLAIMANT OR THE CLAIMANT'S ATTORNEY.
   § 9. Paragraph (d) of subdivision 2 of section 1136 of the real  prop-
 erty  tax law, as amended by chapter 532 of the laws of 1994, is amended
 to read as follows:
   (d) In directing any conveyance  pursuant  to  this  subdivision,  the
 judgment  shall  direct  the  enforcing  officer  of the tax district to
 prepare and execute a deed conveying title to the parcel or  parcels  of
 real  property  concerned.  Such title shall be full and complete in the
 absence of an agreement between tax districts as herein provided that it
 shall be subject to the tax liens of one or more tax districts. Upon the
 execution of such deed, the grantee shall be seized of an estate in  fee
 simple  absolute  in such parcel unless the conveyance is expressly made
 subject to tax liens of a tax  district  as  herein  provided,  and  all
 persons,  including the state, infants, incompetents, absentees and non-
 residents, who may have had any right, title, interest, claim,  lien  or
 equity of redemption in or upon such parcel, shall be barred and forever
 foreclosed  of all such right, title, interest, claim, lien or equity of
 S. 8305--C                         56                         A. 8805--C
 
 redemption.  NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY
 SUCH PERSON FROM FILING A CLAIM PURSUANT TO SECTION ELEVEN HUNDRED THIR-
 TY-FIVE OR TITLE SIX OF THIS ARTICLE FOR A SHARE OF ANY SURPLUS THAT MAY
 BE ATTRIBUTABLE TO THE SALE OF SUCH PARCEL.
   §  10.  Subdivision 3 of section 1136 of the real property tax law, as
 amended by chapter 532 of the laws  of  1994,  is  amended  to  read  as
 follows:
   3.  When  no  answer  has  been interposed. (A) The court shall make a
 final judgment awarding to such  tax  district  the  possession  of  any
 parcel  of  real  property  described in the petition of foreclosure not
 redeemed as provided in this title and as to which no answer  is  inter-
 posed  as  provided  herein.  In  addition  thereto  such judgment shall
 contain a direction to the enforcing officer  of  the  tax  district  to
 prepare,  execute  and cause to be recorded a deed conveying to such tax
 district full and complete title to such parcel.
   (B) ALTERNATIVELY, AT THE REQUEST OF THE ENFORCING OFFICER, THE  COURT
 MAY  MAKE A FINAL JUDGMENT AUTHORIZING THE ENFORCING OFFICER TO PREPARE,
 EXECUTE AND CAUSE TO BE RECORDED A  DEED  CONVEYING  FULL  AND  COMPLETE
 TITLE  TO  SUCH  PARCEL DIRECTLY TO A PARTY OTHER THAN THE TAX DISTRICT,
 WITHOUT THE TAX DISTRICT TAKING TITLE THERETO.
   (C) Upon the execution of such deed, the tax district, OR THE  GRANTEE
 AS  THE CASE MAY BE, shall be seized of an estate in fee simple absolute
 in such parcel and all persons, including the state,  infants,  incompe-
 tents,  absentees  and  non-residents who may have had any right, title,
 interest, claim, lien or equity of redemption in  or  upon  such  parcel
 shall  be barred and forever foreclosed of all such right, title, inter-
 est, claim, lien or equity of  redemption.    NOTHING  CONTAINED  HEREIN
 SHALL  BE  CONSTRUED  TO  PRECLUDE  ANY  SUCH PERSON FROM FILING A CLAIM
 PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-FIVE  OR  TITLE  SIX  OF  THIS
 ARTICLE  FOR A SHARE OF ANY SURPLUS THAT MAY BE ATTRIBUTABLE TO THE SALE
 OF SUCH PARCEL.
   § 11.  Section 1136 of the real property tax law is amended by  adding
 a new subdivision 4 to read as follows:
   4.  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY,
 WHEN A PARCEL IS SUBJECT TO A JUDGMENT OF FORECLOSURE ISSUED PURSUANT TO
 THIS SECTION BUT HAS NOT YET BEEN CONVEYED TO A  THIRD  PARTY,  THE  TAX
 DISTRICT  MAY, AT ITS DISCRETION, CONVEY TITLE TO THE PARCEL BACK TO THE
 FORMER OWNER OR OWNERS, OR TO THE SUCCESSOR OR SUCCESSORS IN INTEREST IF
 ANY, UPON PAYMENT OF THE TAXES, PENALTIES,  INTEREST  AND  OTHER  LAWFUL
 CHARGES OWED TO THE TAX DISTRICT, SUBJECT TO THE PROVISIONS OF PARAGRAPH
 (B) OF THIS SUBDIVISION.
   (B)  IF  IMMEDIATELY PRIOR TO THE ISSUANCE OF THE JUDGMENT OF FORECLO-
 SURE, ANY OTHER PERSON HAD ANY RIGHT, TITLE, INTEREST,  CLAIM,  LIEN  OR
 EQUITY  OF  REDEMPTION  IN  OR  UPON SUCH PARCEL, THE DEED CONVEYING THE
 PARCEL BACK TO THE FORMER OWNER OR OWNERS,  OR  TO  THEIR  SUCCESSOR  OR
 SUCCESSORS  IN  INTEREST,  SHALL  STATE THAT THE CONVEYANCE SHALL BECOME
 SUBJECT TO THE RIGHT, TITLE, INTEREST, CLAIM, LIEN OR EQUITY OF  REDEMP-
 TION  OF  ANY OTHER PERSON THAT HAD BEEN EXTINGUISHED BY THE JUDGMENT OF
 FORECLOSURE, ONCE SUCH RIGHT, TITLE, INTEREST, CLAIM, LIEN OR EQUITY  OF
 REDEMPTION  HAS BEEN REINSTATED NUNC PRO TUNC PURSUANT TO THE PROVISIONS
 OF THIS PARAGRAPH.  UPON THE EXECUTION OF SUCH DEED,  THE  TAX  DISTRICT
 SHALL  CAUSE  A  COPY  THEREOF  TO  BE FILED WITH THE COURT, WHICH SHALL
 DIRECT THE REINSTATEMENT OF ANY SUCH RIGHT, TITLE, INTEREST, CLAIM, LIEN
 OR EQUITY OF REDEMPTION IN SUCH PARCEL NUNC PRO TUNC.
   § 12. Article 11 of the real property tax law is amended by  adding  a
 new title 3-A to read as follows:
 S. 8305--C                         57                         A. 8805--C
 
                                  TITLE 3-A
              HOMEOWNER BILL OF RIGHTS AND RELATED PROVISIONS
 SECTION 1142. HOMEOWNER BILL OF RIGHTS.
         1144. HOMEOWNER WARNING NOTICES.
         1146. REPAYMENT PLANS.
         1148. ASSISTANCE TO VULNERABLE POPULATIONS.
   § 1142. HOMEOWNER BILL OF RIGHTS. ANY OWNER OF A RESIDENTIAL PROPERTY,
 AS  DEFINED  IN SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, WHO OCCU-
 PIES SUCH PROPERTY AS THEIR PRIMARY RESIDENCE, SHALL HAVE THE  FOLLOWING
 RIGHTS:
   1. NOTWITHSTANDING ANY OTHER GENERAL, SPECIAL, OR LOCAL LAW, LOCAL TAX
 ACT,  CODE,  RULE,  REGULATION, OR CHARTER PROVISION TO THE CONTRARY, TO
 NOT HAVE EXEMPTIONS REMOVED OR WAIVED FOR NONPAYMENT OF PROPERTY  TAXES,
 EXCEPT  TO THE EXTENT OTHERWISE PROVIDED IN SECTION ONE HUNDRED SEVENTY-
 ONE-W OF THE TAX LAW AND ANY OTHER GENERAL LAW THAT  EXPLICITLY  AUTHOR-
 IZES THE REMOVAL OF AN EXEMPTION DUE TO THE NONPAYMENT OF TAXES;
   2.  TO  BE  INFORMED OF THE AMOUNT OF TAX DUE, THE NUMBER OF TAX YEARS
 FOR WHICH THE PARCEL HAS BEEN IN ARREARS, THE DATE ON WHICH THE  REDEMP-
 TION  PERIOD  ENDS,  THE  ACCEPTED  FORMS OF PAYMENT, THE LOCATION WHERE
 PAYMENTS SHALL BE MADE, AND THE CONTACT INFORMATION FOR THE  RESPONSIBLE
 TAXING  AUTHORITY,  PROVIDED THAT A CLAIM BY AN OWNER THAT THEY WERE NOT
 SO INFORMED SHALL NOT  CONSTITUTE  A  VALID  DEFENSE  TO  A  FORECLOSURE
 PROCEEDING;
   3.  TO  RECEIVE  HOMEOWNER  WARNING NOTICES PURSUANT TO SECTION ELEVEN
 HUNDRED FORTY-FOUR OF THIS TITLE;
   4. IN THE EVENT THAT THEIR PRIMARY RESIDENCE IS  FORECLOSED  UPON,  TO
 RECEIVE  A  SHARE OF ANY SURPLUS RESULTING FROM THE SALE OF THE PROPERTY
 IN THE MANNER PROVIDED BY LAW;
   5. TO BE CHARGED INTEREST AT A RATE NO HIGHER THAN THE MAXIMUM  ALLOW-
 ABLE STATUTORY INTEREST RATE FOR UNPAID PROPERTY TAXES;
   6.  TO ENTER INTO INSTALLMENT PLANS OR REPAYMENT PLANS FOR PURPOSES OF
 PAYING DELINQUENT TAXES WHERE LOCALLY AUTHORIZED;
   7. FOR OWNERS WHO ARE SENIOR CITIZENS WHO ARE RECEIVING A SENIOR CITI-
 ZENS EXEMPTION, AN ENHANCED STAR EXEMPTION OR AN ENHANCED  STAR  CREDIT,
 TO RECEIVE A GRACE PERIOD OF FIVE BUSINESS DAYS TO PAY THEIR TAXES WITH-
 OUT  INTEREST  IN  A  LOCAL  GOVERNMENT  THAT HAS OPTED TO GRANT SUCH AN
 EXTENSION TO SUCH PERSONS;
   8. IN THE EVENT THAT THEIR PRIMARY RESIDENCE IS  FORECLOSED  UPON,  TO
 HAVE  ALL  DEBTS  RELATED TO DELINQUENT TAXES OWED ON SUCH PRIMARY RESI-
 DENCE EXTINGUISHED UPON THE FORECLOSURE, EXCEPT  WHEN  THEY  HAVE  REAC-
 QUIRED  TITLE  PURSUANT  TO  SUBDIVISION  FOUR OF SECTION ELEVEN HUNDRED
 THIRTY-SIX OF THIS ARTICLE; PROVIDED, HOWEVER,  THAT  NOTHING  CONTAINED
 HEREIN  SHALL  BE  CONSTRUED TO PRECLUDE A TAX DISTRICT FROM BRINGING AN
 ACTION AGAINST A FORMER OWNER TO RECOVER REASONABLE  COSTS  INCURRED  IN
 ACTING  PURSUANT  TO  LAW TO REMOVE, ABATE OR MITIGATE UNSAFE CONDITIONS
 AND/OR NUISANCES THAT WERE PRESENT ON THE PROPERTY AT THE TIME OF  FORE-
 CLOSURE,  INCLUDING  BUT  NOT LIMITED TO THE DEMOLITION OF UNSAFE STRUC-
 TURES AND THE ELIMINATION OF FIRE AND HEALTH HAZARDS WHERE WARRANTED.
   § 1144. HOMEOWNER WARNING NOTICES. 1. (A) IN THE CASE  OF  RESIDENTIAL
 PROPERTY  AS  DEFINED  BY SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE,
 WHEN PERSONAL NOTICE OF THE COMMENCEMENT OF A FORECLOSURE PROCEEDING  IS
 MAILED  PURSUANT  TO SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS ARTICLE,
 SUCH NOTICE SHALL INCLUDE OR BE ACCOMPANIED  BY  THE  HOMEOWNER  WARNING
 NOTICE  DESCRIBED BY PARAGRAPH (B) OF THIS SUBDIVISION. PROVIDED, HOWEV-
 ER, THAT IN A TAX DISTRICT THAT DOES NOT ENFORCE DELINQUENT TAXES PURSU-
 S. 8305--C                         58                         A. 8805--C
 
 ANT TO THIS ARTICLE, SUCH HOMEOWNER WARNING NOTICE SHALL  BE  SENT  WHEN
 THE FORECLOSURE PROCEEDING IS COMMENCED.
   (B) SUCH NOTICE SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
   "YOU MAY BE AT RISK OF FORECLOSURE ON A PROPERTY TAX LIEN. PLEASE READ
 THE FOLLOWING NOTICE CAREFULLY.
   AS  OF  (ENTER  DATE),  YOUR PROPERTY TAXES HAVE NOT BEEN PAID FOR THE
 FOLLOWING YEARS AND AMOUNTS EACH YEAR: (ENTER YEARS AND AMOUNTS)
   THE TOTAL NEEDED TO PAY OFF ALL TAX ARREARS AS OF  THE  DATE  OF  THIS
 NOTICE IS: (ENTER AMOUNT DUE)
   UNDER  NEW  YORK STATE LAW, WE ARE REQUIRED TO SEND YOU THIS NOTICE TO
 INFORM YOU THAT YOU ARE AT RISK OF LOSING YOUR HOME.
   ATTACHED TO THIS NOTICE IS A LIST OF GOVERNMENT APPROVED HOUSING COUN-
 SELING AGENCIES IN YOUR AREA WHICH PROVIDE FREE COUNSELING. YOU CAN ALSO
 CALL THE NYS OFFICE  OF  THE  ATTORNEY  GENERAL'S  HOMEOWNER  PROTECTION
 PROGRAM  (HOPP) TOLL-FREE CONSUMER HOTLINE TO BE CONNECTED TO FREE HOUS-
 ING COUNSELING OR LEGAL SERVICES IN YOUR AREA AT 1-855-HOME-456  (1-855-
 466-3456), OR VISIT THEIR WEBSITE. A STATEWIDE LISTING BY COUNTY IS ALSO
 AVAILABLE  AT  THE WEBSITE OF THE NEW YORK STATE DEPARTMENT OF FINANCIAL
 SERVICES. QUALIFIED FREE HELP IS AVAILABLE; WATCH OUT FOR  COMPANIES  OR
 PEOPLE WHO CHARGE A FEE FOR THESE SERVICES.
   HOUSING  COUNSELORS FROM NEW YORK-BASED AGENCIES LISTED ON THE WEBSITE
 ABOVE ARE TRAINED TO HELP HOMEOWNERS  WHO  ARE  HAVING  PROBLEMS  MAKING
 THEIR  TAX PAYMENTS AND CAN HELP YOU FIND THE BEST OPTION FOR YOUR SITU-
 ATION.
   IF YOU WISH, YOU MAY ALSO  CONTACT  OUR  OFFICE  DIRECTLY  TO  DISCUSS
 POSSIBLE PAYMENT PLANS AND OTHER OPTIONS.
   WHILE  WE CANNOT ASSURE THAT A MUTUALLY AGREEABLE RESOLUTION IS POSSI-
 BLE, WE ENCOURAGE YOU TO TAKE IMMEDIATE STEPS TO TRY TO ACHIEVE A RESOL-
 UTION.
   THE LONGER YOU WAIT, THE FEWER OPTIONS YOU MAY HAVE.
   IF YOU HAVE NOT TAKEN ANY ACTIONS TO RESOLVE THIS MATTER WITHIN NINETY
 DAYS FROM THE DATE THIS NOTICE WAS MAILED, WE MAY COMMENCE LEGAL  ACTION
 OR OTHER REMEDIES AGAINST YOU TO FORECLOSE THE TAX LIEN, WHICH MAY EVEN-
 TUALLY RESULT IN EVICTION FROM YOUR HOME.
   UNDER  NEW  YORK  STATE  LAW,  YOU  MAY BE BARRED FROM ENTERING INTO A
 PAYMENT PLAN OR FROM BEING PERMITTED TO MAKE ANY PAYMENT  TO  SAVE  YOUR
 HOME AFTER THE "REDEMPTION DATE". IN YOUR CASE, THE "REDEMPTION DATE" IS
 TENTATIVELY SET AS (ENTER DATE).
   IMPORTANT: YOU HAVE THE RIGHT TO REMAIN IN YOUR HOME UNTIL YOU RECEIVE
 A  COURT  ORDER TELLING YOU TO LEAVE THE PROPERTY; HOWEVER, YOU MAY LOSE
 THE RIGHT TO CONTINUE OWNERSHIP OF YOUR HOME AFTER THE REDEMPTION  DATE.
 IF  A  FORECLOSURE  ACTION IS FILED AGAINST YOU IN COURT, YOU STILL HAVE
 THE RIGHT TO REMAIN IN THE HOME UNTIL A COURT ORDERS YOU TO LEAVE.
   THIS NOTICE IS NOT AN EVICTION NOTICE, AND A  FORECLOSURE  ACTION  HAS
 NOT YET BEEN COMMENCED AGAINST YOU.
   YOU  SHOULD  ALSO  BE AWARE THAT IF YOU ARE A SENIOR CITIZEN, A PERSON
 WITH A PHYSICAL DISABILITY AND/OR A VETERAN, YOU MAY BE  ENTITLED  TO  A
 PARTIAL  EXEMPTION FROM PROPERTY TAXES. IF YOU ARE NOT ALREADY RECEIVING
 ONE OR MORE OF THESE EXEMPTIONS AND WOULD  LIKE  INFORMATION  ABOUT  THE
 ELIGIBILITY  AND  APPLICATION  REQUIREMENTS,  PLEASE  CONTACT YOUR LOCAL
 ASSESSOR'S OFFICE."
   (C) IN A TAX DISTRICT THAT DOES NOT PURSUE FORECLOSURE  WHEN  PROPERTY
 IS  OWNED  BY A PERSON RECEIVING ONE OF MORE OF THE EXEMPTIONS LISTED IN
 SUCH NOTICE, A SENTENCE READING SUBSTANTIALLY AS FOLLOWS SHALL BE ADDED:
 "IF YOU ARE CURRENTLY RECEIVING ONE OR MORE OF THESE EXEMPTIONS,  PLEASE
 CONTACT US IMMEDIATELY SO THAT WE MAY SUSPEND THE FORECLOSURE."
 S. 8305--C                         59                         A. 8805--C
 
   2. A FAILURE OF THE OWNER TO RECEIVE SUCH NOTICE SHALL NOT PREVENT THE
 COLLECTION AND ENFORCEMENT OF THE PAYMENT OF THE TAXES ON PROPERTY OWNED
 BY SUCH PERSON.
   3.  SUCH  NOTICE  MAY  BE  ACCOMPANIED BY A LIST OF HOUSING COUNSELING
 AGENCIES THAT SERVE THE COUNTY IN WHICH THE PROPERTY IS LOCATED, INCLUD-
 ING THE LAST KNOWN ADDRESSES AND TELEPHONE NUMBERS OF SUCH AGENCIES. THE
 DEPARTMENT OF FINANCIAL SERVICES SHALL MAKE AVAILABLE ON ITS  WEBSITE  A
 LISTING,  BY  COUNTY,  OF SUCH AGENCIES. THE ENFORCING OFFICER SHALL USE
 SUCH LISTS TO MEET THE REQUIREMENTS OF THIS SECTION.
   4. SUCH NOTICE SHALL ALSO INCLUDE OR BE ACCOMPANIED  BY  A  STATEMENT,
 SET FORTH IN EACH OF 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,  ADVISING THEM THAT A TRANSLATED VERSION OF THIS
 NOTICE, OR A DETAILED SUMMARY THEREOF, MAY BE FOUND ON  THE  WEBSITE  OF
 THE  NEW  YORK STATE OFFICE OF GENERAL SERVICES. THIS REQUIREMENT MAY BE
 SATISFIED BY POSTING A STATEMENT IN EACH SUCH LANGUAGE THAT IS  SUBSTAN-
 TIALLY  EQUIVALENT  TO THE FOLLOWING: "YOU MAY BE AT RISK OF FORECLOSURE
 ON A PROPERTY TAX LIEN. TO SEE THIS NOTICE IN (INSERT THE  NAME  OF  THE
 APPLICABLE LANGUAGE), GO TO (INSERT THE APPLICABLE URL ADDRESS)."
   §  1146.  REPAYMENT  PLANS. 1. THE GOVERNING BODY OF A TAX DISTRICT IS
 HEREBY AUTHORIZED AND EMPOWERED TO ENACT AND AMEND A LOCAL LAW PROVIDING
 THAT IN THE CASE OF PRIMARY RESIDENCES WITH A  TAX  DELINQUENCY  GREATER
 THAN  FIVE HUNDRED DOLLARS BUT LESS THAN THIRTY THOUSAND DOLLARS OR SUCH
 OTHER LIMIT AS MAY BE PROVIDED BY SUCH LOCAL  LAW,  THE  PROPERTY  OWNER
 SHALL  BE  PERMITTED TO ENTER INTO A REPAYMENT PLAN TO CURE A TAX DELIN-
 QUENCY AT ANY TIME UNTIL THE DATE OF REDEMPTION.
   2. THE TERM OF THE REPAYMENT PLAN SHALL BE TWELVE,  EIGHTEEN,  TWENTY-
 FOUR,  OR  THIRTY-SIX MONTHS, AT THE OPTION OF THE OWNER. THE AMOUNT DUE
 UNDER THE AGREEMENT SHALL BE PAID,  AS  NEARLY  AS  POSSIBLE,  IN  EQUAL
 AMOUNTS  ON EACH PAYMENT DUE DATE. THE AMOUNT OF EACH SUCH PAYMENT SHALL
 BE DETERMINED BY DIVIDING THE AMOUNT  DUE  BY  THE  NUMBER  OF  REQUIRED
 INSTALLMENT PAYMENTS.
   3. THE OWNER SHALL BE DEEMED TO BE IN DEFAULT OF A PAYMENT PLAN AGREE-
 MENT  PURSUANT TO THIS SECTION UPON THE OCCURRENCE OF ANY OF THE FOLLOW-
 ING EVENTS:
   (A) ANY PAYMENT DUE UNDER  THE  REPAYMENT  PLAN  IS  NOT  MADE  WITHIN
 FORTY-FIVE DAYS FROM THE PAYMENT DUE DATE;
   (B)  ANY TAX LEVIED AFTER THE OWNER ENTERED INTO THE REPAYMENT PLAN IS
 NOT PAID BY THE PAYMENT DUE DATE;
   (C) THE SUBJECT PROPERTY IS SOLD; OR
   (D) THE TOTAL PRINCIPAL AMOUNT  IN  ARREARS  EXCEEDS  THIRTY  THOUSAND
 DOLLARS  OR  SUCH HIGHER AMOUNT AS MAY HAVE BEEN SET BY LOCAL LAW, ORDI-
 NANCE OR RESOLUTION.
   4. IN THE EVENT OF A DEFAULT IN PAYMENTS, AND AFTER SERVICE OF A TWEN-
 TY-DAY NOTICE OF DEFAULT, THE TAX  DISTRICT  SHALL  HAVE  THE  RIGHT  TO
 REQUIRE THE ENTIRE UNPAID BALANCE, WITH INTEREST, TO BE PAID IN FULL.
   §  1148.  ASSISTANCE  TO  VULNERABLE  POPULATIONS.  1. EVERY NOTICE OF
 UNPAID TAXES, NOTICE OF ARREARS INCLUDED  IN  TAX  STATEMENTS,  PERSONAL
 NOTICE  OF  COMMENCEMENT OF FORECLOSURE PROCEEDING OR TAX LIEN SALE MUST
 INCLUDE INFORMATION ABOUT A HOUSING COUNSELING AGENCY OR AGENCIES FUNDED
 BY THE NEW  YORK  STATE  OFFICE  OF  THE  ATTORNEY  GENERAL'S  HOMEOWNER
 PROTECTION PROGRAM IN THE REGION IN WHICH THE PROPERTY IS LOCATED.
   2.  UPON  RECEIVING  A RETURN OF UNPAID TAXES PURSUANT TO SECTION NINE
 HUNDRED THIRTY-SIX OF THIS CHAPTER OR A COMPARABLE PROVISION OF LAW, THE
 ENFORCING OFFICER SHALL SEND A LIST OF THE NAMES,  ADDRESSES  AND  TELE-
 S. 8305--C                         60                         A. 8805--C
 
 PHONE NUMBERS, IF AVAILABLE, OF THE RESIDENTIAL PROPERTY OWNERS INCLUDED
 ON  SUCH RETURN TO A HOUSING COUNSELING AGENCY OR AGENCIES FUNDED BY THE
 NEW YORK STATE OFFICE OF THE  ATTORNEY  GENERAL'S  HOMEOWNER  PROTECTION
 PROGRAM IN THE REGION WHERE THE PROPERTY IS LOCATED, SO THAT SUCH AGENCY
 MAY MAKE THE HOMEOWNER AWARE OF FREE FORECLOSURE PREVENTION SERVICES AND
 OPTIONS AVAILABLE TO THE PARTIES.
   § 13. Section 1166 of the real property tax law, as amended by chapter
 532  of the laws of 1994, subdivision 1 as amended by chapter 500 of the
 laws of 2015, is amended to read as follows:
   § 1166. Real property acquired by tax district; right  of  sale.    1.
 Whenever  any  tax  district  shall become vested with the title to real
 property, AND WHENEVER AN ENFORCING OFFICER SHALL HAVE  BEEN  AUTHORIZED
 TO SELL AND CONVEY REAL PROPERTY DIRECTLY TO ANOTHER PARTY, by virtue of
 a  foreclosure  proceeding  brought  pursuant  to the provisions of this
 article, such tax district OR ENFORCING OFFICER is hereby authorized  to
 sell  and  convey  [the]  SUCH  real property [so acquired], which shall
 include any and all gas, oil or mineral rights associated with such real
 property, either with or without advertising for  bids,  notwithstanding
 the provisions of any general, special or local law.
   2.  No  such  sale shall be effective unless and until such sale shall
 have been approved and confirmed by a majority  vote  of  the  governing
 body of the tax district, except that no such approval shall be required
 when the property is sold at public auction to the highest bidder.
   3.  THE  PROVISIONS  OF  TITLE  SIX  OF  THIS ARTICLE SHALL GOVERN THE
 DISTRIBUTION OF ANY SURPLUS ATTRIBUTABLE TO SUCH SALES.
   § 14. The real property tax law is amended by  adding  a  new  section
 1194-a to read as follows:
   § 1194-A. ADMINISTRATION OF SURPLUS IN CONNECTION WITH TAX LIEN SALES.
 REAL  PROPERTY  TAX  LIENS  OWNED  BY THIRD PARTIES, INCLUDING THOSE TAX
 LIENS SOLD PURSUANT TO FORMER TITLE THREE OF ARTICLE  FOURTEEN  OF  THIS
 CHAPTER  OR  PURSUANT TO A SPECIAL OR LOCAL LAW OR CHARTER SHALL ONLY BE
 ENFORCED IN THE MANNER DESCRIBED IN THIS SECTION:
   1. UPON WRITTEN APPLICATION AND THE SURRENDER OF THE TAX LIEN  CERTIF-
 ICATE  OF SALE, A TREASURER'S DEED MAY BE ISSUED VESTING IN THE TAX LIEN
 CERTIFICATE HOLDER AN ABSOLUTE ESTATE IN FEE, SUBJECT TO ALL CLAIMS  THE
 TAXING JURISDICTION OR STATE MAY HAVE THEREON FOR TAXES, LIENS OR ENCUM-
 BRANCES, IF (A) A NEW YORK STATE LICENSED REAL ESTATE APPRAISER CONDUCTS
 AN APPRAISAL OF THE PROPERTY PRIOR TO THE ISSUANCE OF THE DEED TO ESTAB-
 LISH  THE  PROPERTY'S FAIR MARKET VALUE AND (B) THE PROPERTY'S APPRAISED
 VALUE DOES NOT EXCEED THE OUTSTANDING AMOUNT DUE TO THE TAX LIEN HOLDER.
 THE TAX DISTRICT SHALL LEVY THE COST OF CONDUCTING THE  APPRAISAL  AS  A
 LIEN  UPON  THE  PROPERTY  TO  BE COLLECTED ALONG WITH ANY OTHER PENDING
 TAXES, LIENS, OR ENCUMBRANCES; OR
   2. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, AFTER THE APPLICABLE
 REDEMPTION PERIOD HAS ELAPSED, AN ACTION TO FORECLOSE A TAX SALE CERTIF-
 ICATE ISSUED PURSUANT TO FORMER TITLE THREE OF ARTICLE FOURTEEN OF  THIS
 CHAPTER OR PURSUANT TO A LOCAL LAW OR CHARTER MAY BE COMMENCED AND MAIN-
 TAINED PURSUANT TO THIS TITLE.
   3.  NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WHEN A TAX LIEN HAS
 BEEN SOLD TO A THIRD PARTY, THE LIENHOLDER SHALL SEND A HOMEOWNER  WARN-
 ING  NOTICE  IN THE MANNER PROVIDED BY SECTION ELEVEN HUNDRED FORTY-FOUR
 OF THIS ARTICLE AT LEAST ONE HUNDRED EIGHTY DAYS PRIOR TO MAKING  APPLI-
 CATION FOR A TREASURER'S DEED OR COMMENCING A FORECLOSURE PROCEEDING, AS
 THE CASE MAY BE.
   4. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN A CITY
 WITH  A POPULATION OF ONE MILLION OR MORE, REAL PROPERTY TAX LIENS OWNED
 S. 8305--C                         61                         A. 8805--C

 BY THIRD PARTIES SHALL BE ENFORCED IN THE MANNER PROVIDED BY THE  ADMIN-
 ISTRATIVE CODE OF SUCH CITY.
   §  15.  Article 11 of the real property tax law is amended by adding a
 new title 6 to read as follows:
                                   TITLE 6
                          DISTRIBUTION OF SURPLUS
 SECTION 1195. DEFINITIONS.
         1196. DETERMINATION OF EXISTENCE AND AMOUNT OF SURPLUS.
         1197. CLAIMS FOR SURPLUS.
   § 1195. DEFINITIONS. IN ADDITION  TO  THE  DEFINITIONS  SET  FORTH  IN
 SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE, FOR PURPOSES OF THIS TITLE:
   1.    "FORMER  HOMEOWNER"  MEANS A PERSON OR PERSONS WHO LOST TITLE TO
 AND/OR OWNERSHIP OF RESIDENTIAL PROPERTY DUE TO A TAX FORECLOSURE.
   2. "PUBLIC  SALE"  MEANS  A  SALE  RESULTING  FROM  A  PUBLIC  AUCTION
 CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIR-
 TY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
   3.  "SURPLUS" MEANS THE NET GAIN, IF ANY, REALIZED BY THE TAX DISTRICT
 UPON THE SALE OF TAX-FORECLOSED PROPERTY, AS DETERMINED  IN  THE  MANNER
 SET  FORTH IN SECTION ELEVEN HUNDRED NINETY-SIX OF THIS TITLE.  WHERE NO
 SUCH GAIN WAS REALIZED, NO SURPLUS SHALL BE ATTRIBUTABLE TO THAT SALE.
   4. "TAX-FORECLOSED PROPERTY" MEANS A PARCEL AS TO WHICH A JUDGMENT  OF
 FORECLOSURE  HAS  BEEN ISSUED PURSUANT TO SECTION ELEVEN HUNDRED THIRTY-
 SIX OF THIS ARTICLE.
   § 1196. DETERMINATION OF EXISTENCE AND AMOUNT  OF  SURPLUS.    1.  (A)
 WITHIN  FORTY-FIVE  DAYS  AFTER THE SALE OF TAX-FORECLOSED PROPERTY, THE
 ENFORCING OFFICER SHALL DETERMINE WHETHER A SURPLUS IS  ATTRIBUTABLE  TO
 SUCH  SALE  AND  IF SO, THE AMOUNT THEREOF. SUBJECT TO THE PROVISIONS OF
 SUBDIVISION TWO OF THIS SECTION, SUCH DETERMINATION  SHALL  BE  MADE  BY
 ASCERTAINING  THE  SUM  OF  THE TOTAL AMOUNT OF TAXES DUE PLUS INTEREST,
 PENALTIES AND OTHER CHARGES AS DEFINED BY SECTION ELEVEN HUNDRED TWO  OF
 THIS  ARTICLE,  AND SUBTRACTING SUCH SUM FROM WHICHEVER OF THE FOLLOWING
 IS APPLICABLE:
   (I) WHERE THE SALE WAS A PUBLIC SALE, THE AMOUNT TO BE  SO  SUBTRACTED
 SHALL BE THE AMOUNT PAID FOR THE PROPERTY;
   (II)  WHERE  THE  SALE  WAS  NOT  A  PUBLIC  SALE, THE AMOUNT TO BE SO
 SUBTRACTED SHALL BE EITHER (A) THE FULL VALUE OF THE PROPERTY  AS  SHOWN
 ON  THE MOST RECENT TAX ROLL, (B) IF AVAILABLE, AN APPRAISAL PREPARED BY
 A LICENSED NEW YORK STATE APPRAISER THAT ESTABLISHES THE FULL  VALUE  OF
 THE  PROPERTY  AS  OF THE DATE OF THE TRANSFER OF TITLE, OR (C) THE FULL
 VALUE OF THE PROPERTY AS OF THE DATE OF THE TRANSFER OF TITLE AS  DETER-
 MINED BY SUCH OTHER VALUATION METHOD AS THE ENFORCING OFFICER REASONABLY
 DETERMINES  WILL  RESULT  IN  JUST  COMPENSATION TO THE FORMER OWNER AND
 OTHER PARTIES WHOSE INTERESTS WERE EXTINGUISHED BY THE FORECLOSURE.
   (B) FOR PURPOSES OF THIS SUBDIVISION, WHERE THE ENFORCING OFFICER  HAS
 BEEN  NOTIFIED  THAT  THE  TAX DISTRICT INTENDS TO RETAIN TAX-FORECLOSED
 PROPERTY FOR A PUBLIC USE, THE PROPERTY SHALL BE  DEEMED  TO  HAVE  BEEN
 SOLD  ON  THE  DATE  THAT THE ENFORCING OFFICER WAS SO NOTIFIED, AND THE
 ENFORCING OFFICER SHALL DETERMINE THE EXISTENCE AND AMOUNT OF A  SURPLUS
 RELATIVE TO SUCH PROPERTY IN THE MANNER PROVIDED BY SUBPARAGRAPH (II) OF
 PARAGRAPH (A) OF THIS SUBDIVISION.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 WHEN A TAX DISTRICT HAS SOLD OR CONVEYED TAX-FORECLOSED  PROPERTY  TO  A
 LAND  BANK,  A  HOUSING DEVELOPMENT AGENCY OR ANOTHER PUBLIC ENTITY, AND
 SUCH SALE OR CONVEYANCE WAS NOT THE RESULT OF A PUBLIC SALE, OR  WHEN  A
 TAX  DISTRICT  HAS  DETERMINED  TO  RETAIN TAX-FORECLOSED PROPERTY FOR A
 S. 8305--C                         62                         A. 8805--C
 
 PUBLIC USE, NO SURPLUS SHALL BE PAYABLE IF ALL OF THE  FOLLOWING  CONDI-
 TIONS ARE SATISFIED:
   (A)  PRIOR TO SUCH SALE, CONVEYANCE OR DETERMINATION, THE PROPERTY HAD
 BEEN OFFERED FOR SALE AT TWO SEPARATE PUBLIC AUCTIONS CONDUCTED AT LEAST
 THREE MONTHS APART FROM ONE ANOTHER,
   (B) BOTH AUCTIONS HAD BEEN  CONDUCTED  IN  FULL  COMPLIANCE  WITH  THE
 PROVISIONS  OF  SECTION  TWO  HUNDRED  THIRTY-ONE  OF  THE REAL PROPERTY
 ACTIONS AND PROCEEDINGS LAW,
   (C) THE MINIMUM ACCEPTABLE BID AT EACH AUCTION  HAD  BEEN  SET  AT  AN
 AMOUNT NO GREATER THAN THE SUM OF THE TAXES DUE PLUS INTEREST, PENALTIES
 AND OTHER CHARGES, AND
   (D)  NO  QUALIFYING  BIDS  WERE  RECEIVED  FOR  THE PROPERTY AT EITHER
 AUCTION.
   3. (A) IF THE ENFORCING OFFICER DETERMINES THAT NO SURPLUS IS  ATTRIB-
 UTABLE  TO THE SALE, SUCH ENFORCING OFFICER SHALL SUBMIT A REPORT TO THE
 COURT DESCRIBING THE CIRCUMSTANCES OF THE SALE, STATING THAT NO  SURPLUS
 WAS ATTRIBUTABLE TO THE SALE AND DEMONSTRATING HOW THE ENFORCING OFFICER
 REACHED THAT CONCLUSION.
   (B) IF THE ENFORCING OFFICER DETERMINES THAT A SURPLUS IS ATTRIBUTABLE
 TO  THE  SALE, SUCH ENFORCING OFFICER SHALL SUBMIT A REPORT TO THE COURT
 DESCRIBING THE CIRCUMSTANCES OF THE SALE, STATING  THAT  A  SURPLUS  WAS
 ATTRIBUTABLE  TO  THE  SALE,  AND  DEMONSTRATING  HOW  THE AMOUNT OF THE
 SURPLUS WAS DETERMINED.  SUCH SURPLUS SHALL BE PAID TO THE COURT  THERE-
 WITH.   WITHIN TEN DAYS OF SUBMITTING SUCH REPORT, THE ENFORCING OFFICER
 SHALL NOTIFY THE FORMER PROPERTY OWNER THAT A SURPLUS  WAS  ATTRIBUTABLE
 TO  THE  SALE  OF  SUCH  PROPERTY,  THAT SUCH SURPLUS HAS BEEN PAID INTO
 COURT, AND THAT THE COURT WILL NOTIFY  THE  INTERESTED  PARTIES  OF  THE
 PROCEDURE  TO  BE  FOLLOWED  IN ORDER TO MAKE A CLAIM FOR A SHARE OF THE
 SURPLUS.
   (C) WHERE THE ENFORCING OFFICER'S DETERMINATION OF  SURPLUS  IS  BASED
 UPON  SUCH  ENFORCING  OFFICER'S  ESTIMATE  OF THE PROPERTY'S VALUE, THE
 ENFORCING OFFICER'S REPORT TO THE COURT SHALL SET FORTH  AN  EXPLANATION
 OF  HOW THIS ESTIMATE WAS MADE, INCLUDING THE EVIDENCE UPON WHICH IT WAS
 BASED.
   4. UPON APPROVAL BY THE COURT OF THE ENFORCING OFFICER'S  REPORT,  THE
 TAX  DISTRICT  SHALL HAVE NO FURTHER RESPONSIBILITIES IN RELATION TO THE
 PARCEL OR ANY SURPLUS ATTRIBUTABLE THERETO, EXCEPT  TO  THE  EXTENT  THE
 COURT  DIRECTS OTHERWISE PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SEVEN
 OF THIS TITLE.
   § 1197.  CLAIMS FOR SURPLUS. 1. ANY PERSON WHO HAD ANY  RIGHT,  TITLE,
 INTEREST,  CLAIM, LIEN OR EQUITY OF REDEMPTION IN OR UPON A PARCEL IMME-
 DIATELY PRIOR TO THE ISSUANCE OF THE JUDGMENT OF FORECLOSURE MAY FILE  A
 CLAIM  WITH  THE  COURT  HAVING  JURISDICTION FOR A SHARE OF ANY SURPLUS
 RESULTING FROM THE SALE OF SUCH PROPERTY.  SUCH CLAIMS SHALL BE ADMINIS-
 TERED AND ADJUDICATED, AND SUCH SURPLUS SHALL  BE  DISTRIBUTED,  IN  THE
 SAME  MANNER AS IN AN ACTION TO FORECLOSE A MORTGAGE PURSUANT TO ARTICLE
 THIRTEEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS  LAW,  SUBJECT  TO
 THE PROVISIONS OF THIS SECTION.
   2.  (A)  WHERE THE PROPERTY WAS SOLD BY A PUBLIC SALE, THE AMOUNT PAID
 FOR THE PROPERTY SHALL BE ACCEPTED AS THE FULL VALUE  OF  THE  PROPERTY.
 NO  PARTY  MAY MAINTAIN A CLAIM FOR SURPLUS OR ANY OTHER CLAIM OR ACTION
 AGAINST THE TAX DISTRICT ON THE BASIS THAT THE AMOUNT PAID FOR THE PROP-
 ERTY DID NOT FAIRLY REPRESENT THE PROPERTY'S VALUE.
   (B) WHERE THE PROPERTY WAS SOLD BY OTHER THAN A PUBLIC SALE, A  CLAIM-
 ANT  MAY  MAKE  A  MOTION, UPON NOTICE TO THE ENFORCING OFFICER, FOR THE
 SURPLUS TO BE RECALCULATED ON THE BASIS THAT THE PROPERTY'S  FULL  VALUE
 S. 8305--C                         63                         A. 8805--C
 
 ON  THE DATE OF THE SALE WAS SUBSTANTIALLY HIGHER THAN THE VALUE USED TO
 MEASURE THE SURPLUS PURSUANT TO SUBPARAGRAPH (II) OF  PARAGRAPH  (A)  OF
 SUBDIVISION  ONE OF SECTION ELEVEN HUNDRED NINETY-SIX OF THIS TITLE.  IF
 THE  COURT  OR  ITS  REFEREE  FINDS THAT A PREPONDERANCE OF THE EVIDENCE
 SUPPORTS THE CLAIMANT'S POSITION, THE COURT  MAY  DIRECT  THE  ENFORCING
 OFFICER  TO  RECALCULATE  THE SURPLUS BASED UPON THE PROPERTY'S VALUE AS
 DETERMINED BY THE COURT OR REFEREE.  THE COURT MAY  FURTHER  DIRECT  THE
 ENFORCING  OFFICER TO PAY THE DIFFERENCE INTO COURT TO BE DISTRIBUTED AS
 REQUIRED BY THIS SECTION.
   3. WHERE THE COURT  HAS  APPOINTED  A  REFEREE  TO  PRESIDE  OVER  THE
 PROCEEDINGS  PURSUANT  TO  SUBDIVISION  TWO  OF SECTION THIRTEEN HUNDRED
 SIXTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, IT SHALL NOT
 BE NECESSARY FOR SUCH REFEREE TO MAKE A REPORT OF SUCH PROCEEDINGS;  NOR
 SHALL  IT  BE  NECESSARY  FOR THE COURT TO CONFIRM BY ORDER OR OTHERWISE
 SUCH PROCEEDINGS.
   4. IN THE CASE OF RESIDENTIAL PROPERTY, IF AT THE TIME OF THE  CONFIR-
 MATION  OF THE REPORT OF SALE, NO FORMER HOMEOWNER HAS FILED A CLAIM FOR
 SURPLUS, AND THERE ARE SURPLUS PROCEEDS THAT REMAIN TO  BE  DISTRIBUTED,
 THE  PROCEEDING  SHALL  REMAIN  OPEN  FOR  AT LEAST THREE YEARS FROM THE
 CONFIRMATION OF THE REPORT OF SALE, OR FOR SUCH  LONGER  PERIOD  AS  THE
 COURT  MAY DIRECT. IF A FORMER HOMEOWNER SHOULD FILE A CLAIM FOR SURPLUS
 DURING SUCH PERIOD, THE COURT SHALL PROCEED AS IF  IT  HAD  BEEN  TIMELY
 FILED.
   5.  AT THE CONCLUSION OF SUCH PROCEEDINGS, ANY SURPLUS FUNDS THAT HAVE
 NOT BEEN CLAIMED SHALL BE DEEMED ABANDONED BUT SHALL BE PAID TO THE  TAX
 DISTRICT,  NOT  TO  THE  STATE COMPTROLLER, AND SHALL BE USED BY THE TAX
 DISTRICT TO REDUCE ITS TAX LEVY.
   6. TO THE EXTENT THE PROVISIONS OF ARTICLE THIRTEEN OF THE REAL  PROP-
 ERTY ACTIONS AND PROCEEDINGS LAW ARE INCONSISTENT WITH THE PROVISIONS OF
 THIS ARTICLE, THE PROVISIONS OF THIS ARTICLE SHALL GOVERN.
   §  16.  Subparagraph (B) of paragraph 7 of subsection (eee) of section
 606 of the tax law, as amended by section 1 of subpart D of  part  Z  of
 chapter 59 of the laws of 2022, is amended to read as follows:
   (B)  Notwithstanding  any  provision of law to the contrary, the names
 and addresses of individuals who have applied for or are  receiving  the
 credit  authorized  by  this  subsection  may be disclosed to assessors,
 county directors of real property  tax  services,  [and]  municipal  tax
 collecting  officers  AND  ENFORCING  OFFICERS within New York state. In
 addition, such information may be exchanged with assessors and tax offi-
 cials from jurisdictions outside New York state if the laws of the other
 jurisdiction allow it to provide similar information to this state. Such
 information shall be considered confidential and shall not be subject to
 further disclosure pursuant to the freedom of information law or  other-
 wise.
   §  17. Subdivision (c) of section 6 of chapter 602 of the laws of 1993
 amending the real property tax law relating to the  enforcement  of  the
 collection  of  delinquent  real property taxes and to the collection of
 taxes by banks, as amended by chapter  562  of  the  laws  of  2021,  is
 amended to read as follows:
   (c)  A  village which conducted a tax sale in 1993 pursuant to section
 1454 of the real property tax law is hereby authorized to adopt a  local
 law  without referendum, no later than September 1, 1994, providing that
 the collection of taxes that shall become liens on or after  January  1,
 1995  and on or before December 31, [2024] 2027 shall be enforced pursu-
 ant to title 3 of article 14 of the real property tax law, as  the  same
 shall  have  been in effect on the last day preceding the effective date
 S. 8305--C                         64                         A. 8805--C
 
 of this act. A copy of such local law shall  be  filed  with  the  state
 board  of  equalization  and  assessment  no later than October 1, 1994.
 PROVIDED, HOWEVER, THAT ON AND AFTER THE EFFECTIVE DATE OF  THE  CHAPTER
 OF  THE  LAWS  OF 2024 THAT AMENDED THIS SUBDIVISION, THE ENFORCEMENT OF
 DELINQUENT TAXES IN A VILLAGE THAT HAS ADOPTED SUCH A  LOCAL  LAW  SHALL
 ALSO BE SUBJECT TO THE PROVISIONS OF SECTION 1194-A OF THE REAL PROPERTY
 TAX LAW.
   §  18. Severability clause. If any clause, sentence, paragraph, subdi-
 vision, section or subpart contained in any 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, para-
 graph, subdivision, section or subpart contained  in  any  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.
   §  19.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after May 25,  2023,  provided
 that:
   1.  (a) In a taxing jurisdiction that enforces delinquent taxes pursu-
 ant to article 11 of the real property tax law, where  a  tax-foreclosed
 property  has been sold on or after May 25, 2023 and prior to the effec-
 tive date of this act, the enforcing officer of the tax  district  shall
 have  six  months  from  the effective date of this act to submit to the
 court the report required by section 1194-a of the real property tax law
 as added by section fourteen of this act  regarding  the  existence  and
 amount of surplus and to pay such surplus to the court.
   (b)  In  a taxing jurisdiction that enforces delinquent taxes pursuant
 to a county charter, city charter, administrative code or  special  law,
 as  authorized  by  a  local law adopted pursuant to section 1104 of the
 real property tax law, the provisions of such county charter, city char-
 ter, administrative code or special law shall continue to apply  therein
 without  regard to the provisions of this act, provided that such county
 charter, city charter, administrative code or  special  law  provides  a
 mechanism  for  former  owners  and  other  parties whose interests were
 extinguished by the foreclosure  of  a  delinquent  tax  lien  to  claim
 surplus.    If  the county charter, city charter, administrative code or
 special law applicable to the taxing jurisdiction  does  not  provide  a
 mechanism  for  claiming  surplus,  the  taxing  jurisdiction  is hereby
 authorized to adopt a local law providing that surplus shall be adminis-
 tered therein in the manner provided by title 6 of  article  11  of  the
 real  property tax law, as added by section fifteen of this act.  Such a
 local law shall remain in effect until repealed or until the  applicable
 county  charter,  city  charter,  administrative  code or special law is
 amended to provide a mechanism for claiming surplus, whichever is  soon-
 er.    As used in this paragraph, the term "surplus" shall have substan-
 tially the same meaning as set forth in section 1195 of the real proper-
 ty tax law, as added by section fifteen of this act, provided,  however,
 that in a city with a population of one million or more, such term shall
 mean  the  difference,  if  any,  after  subtracting: (A) the sum of the
 amount of the delinquent tax lien on  a  property  and  any  foreclosure
 costs  from  (B) the proceeds of the sale of such property pursuant to a
 foreclosure by the taxing jurisdiction; and provided  further,  that  in
 such a city, the term "foreclosure costs" means the sum of the "charges"
 as  defined  by section 1102 of the real property tax law, as amended by
 S. 8305--C                         65                         A. 8805--C

 section four of this act, and any other amounts specifically  identified
 in  such  charter,  code or special law as due and payable upon foreclo-
 sure.
   (c)  In  any  taxing jurisdiction, where a tax-foreclosed property was
 sold prior to May 25, 2023, a claim for  surplus  attributable  to  such
 sale  may  be  maintained if and only if a proceeding to compel such tax
 district to distribute such surplus to the petitioner or petitioners had
 been initiated pursuant to subdivision 1 of section 7803  of  the  civil
 practice law and rules, such proceeding was commenced in a timely manner
 as  provided  by  section  217  of such chapter, and such proceeding was
 still active on the effective date of this act.
   (d) For purposes of this paragraph,  the  term  "taxing  jurisdiction"
 means  a municipal corporation with the power to enforce delinquent real
 property tax liens.
   2. Section seventeen of this act shall  take  effect  immediately  and
 shall  be deemed to have been in full force and effect on and after July
 26, 1994.
 
                                  PART CC
 
   Section 1. Section 106  of  the  alcoholic  beverage  control  law  is
 amended by adding a new subdivision 16 to read as follows:
   16. A PERSON HOLDING A RETAIL ON-PREMISES LICENSE FOR A MOVIE THEATRE,
 OTHER  THAN  A LICENSE FOR A MOVIE THEATRE THAT MEETS THE DEFINITIONS OF
 RESTAURANT AND MEALS, AND WHERE ALL SEATING IS AT TABLES WHERE MEALS ARE
 SERVED, SHALL:
   (A) FOR EVERY PURCHASE OF AN ALCOHOLIC BEVERAGE, REQUIRE THE PURCHASER
 TO PROVIDE WRITTEN EVIDENCE OF AGE AS SET  FORTH  IN  PARAGRAPH  (B)  OF
 SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THIS CHAPTER; AND
   (B) ALLOW THE PURCHASE OF ONLY ONE ALCOHOLIC BEVERAGE PER TRANSACTION;
 AND
   (C)  NOT COMMENCE THE SALE OF ALCOHOLIC BEVERAGES UNTIL ONE HOUR PRIOR
 TO THE START OF THE FIRST MOTION PICTURE, AND CEASE ALL SALES  OF  ALCO-
 HOLIC BEVERAGES AFTER THE CONCLUSION OF THE FINAL MOTION PICTURE.
   §  2.  Subdivision 6 of section 64-a of the alcoholic beverage control
 law, as amended by chapter 475 of the laws of 2011, is amended  to  read
 as follows:
   6. No special on-premises license shall be granted except for premises
 in  which the principal business shall be (a) the sale of food or bever-
 ages at retail for consumption on the premises or (b) the operation of a
 legitimate theatre, INCLUDING A MOTION PICTURE THEATRE THAT IS A  BUILD-
 ING  OR FACILITY WHICH IS REGULARLY USED AND KEPT OPEN PRIMARILY FOR THE
 EXHIBITION OF MOTION PICTURES FOR AT LEAST FIVE  OUT  OF  SEVEN  DAYS  A
 WEEK,  OR  ON  A  REGULAR  SEASONAL BASIS OF NO LESS THAN SIX CONTIGUOUS
 WEEKS, TO THE GENERAL PUBLIC WHERE ALL AUDITORIUM SEATING IS PERMANENTLY
 AFFIXED TO THE FLOOR AND AT  LEAST  SIXTY-FIVE  PERCENT  OF  THE  MOTION
 PICTURE THEATRE'S ANNUAL GROSS REVENUES IS THE COMBINED RESULT OF ADMIS-
 SION REVENUE FOR THE SHOWING OF MOTION PICTURES AND THE SALE OF FOOD AND
 NON-ALCOHOLIC  BEVERAGES,  or  such  other lawful adult entertainment or
 recreational facility as the liquor authority, giving due regard to  the
 convenience  of  the public and the strict avoidance of sales prohibited
 by this chapter, shall by regulation classify for eligibility.  [Nothing
 contained  in this subdivision shall be deemed to authorize the issuance
 of a license to a motion picture theatre, except those meeting the defi-
 nition of restaurant and meals, and where all seating is at tables where
 meals are served.]
 S. 8305--C                         66                         A. 8805--C
 
   § 3. Subdivision 8 of section 64-a of the alcoholic  beverage  control
 law,  as added by chapter 531 of the laws of 1964, is amended to read as
 follows:
   8. Every special on-premises licensee shall regularly keep food avail-
 able  for  sale  to  its  customers for consumption on the premises. The
 availability of sandwiches, soups or other foods, whether  fresh,  proc-
 essed,  pre-cooked  or  frozen,  shall  be  deemed  compliance with this
 requirement.  FOR MOTION PICTURE THEATRES LICENSED UNDER  PARAGRAPH  (B)
 OF  SUBDIVISION  SIX  OF THIS SECTION, FOOD THAT IS TYPICALLY FOUND IN A
 MOTION PICTURE THEATRE, INCLUDING BUT NOT LIMITED  TO:  POPCORN,  CANDY,
 AND LIGHT SNACKS, SHALL BE DEEMED TO BE IN COMPLIANCE WITH THIS REQUIRE-
 MENT. The licensed premises shall comply at all times with all the regu-
 lations  of  the  local  department of health. Nothing contained in this
 subdivision, however, shall be construed to require  that  any  food  be
 sold  or  purchased  with  any liquor, nor shall any rule, regulation or
 standard be promulgated or enforced requiring that the sale of  food  be
 substantial  or  that  the  receipts of the business other than from the
 sale of liquor equal any set percentage of  total  receipts  from  sales
 made therein.
   §  4.  Subdivision 9 of section 64-a of the alcoholic beverage control
 law, as added by chapter 531 of the laws of 1964, is amended to read  as
 follows:
   9.    IN  THE  CASE OF A MOTION PICTURE THEATRE APPLYING FOR A LICENSE
 UNDER THIS SECTION, ANY  MUNICIPALITY  REQUIRED  TO  BE  NOTIFIED  UNDER
 SECTION  ONE  HUNDRED  TEN-B OF THIS CHAPTER MAY EXPRESS AN OPINION WITH
 RESPECT TO WHETHER THE APPLICATION SHOULD BE APPROVED, AND SUCH  OPINION
 MAY  BE  CONSIDERED IN DETERMINING WHETHER GOOD CAUSE EXISTS TO DENY ANY
 SUCH APPLICATION.
   10. The liquor authority may make such rules as it deems necessary  to
 carry out the provisions of this section.
   §  5.  This  act shall take effect immediately and shall expire and be
 deemed repealed 3 years after such date.
 
                                  PART DD
 
   Section 1. This Part enacts into law components of legislation  relat-
 ing  to  deeming  the  objects  or purposes for which certain bonds were
 issued by the city of Buffalo and authorizing  the  expenditure  of  the
 proceeds from such bonds for such objects or purposes. Each component is
 wholly  contained  within  a Subpart identified as Subparts A through D.
 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 Part sets forth the general effective
 date of this Part.
 
                                 SUBPART A
 
   Section 1. Legislative findings.  The  legislature  hereby  finds  and
 determines  that  pursuant  to a bond resolution dated February 19, 2019
 adopted by the common council of the city of Buffalo,  county  of  Erie,
 (the "common council" and the "city" respectively) the city issued bonds
 in   the   principal  amount  of  $1,100,000  to  finance  the  cost  of
 S. 8305--C                         67                         A. 8805--C
 
 construction of a new police shooting  range.  The  legislature  further
 finds  and determines that said resolution failed to include language to
 identify the accurate address within the city in which such construction
 of a new police shooting range is intended to be made.
   § 2. Notwithstanding the defects described in section one of this act,
 the  object  or  purposes  for  which  said bonds were issued are hereby
 deemed to be for the construction of a new police shooting range  to  be
 located  at  379 Paderewski Drive in the city of Buffalo as mentioned in
 the aforesaid resolution and the expenditure of the $1,100,000  proceeds
 of  such  bonds for such objects or purposes is hereby authorized, vali-
 dated, confirmed and ratified.
   § 3. The authorization provided in section two of this act  shall  not
 take  effect  until  the  common council of the city of Buffalo adopts a
 resolution after the effective date of this act that shall be subject to
 permissive referendum pursuant to section 23-11 of the  charter  of  the
 city  of  Buffalo as if the council had not already created a city debt.
 In the event a successful petition is filed with  the  city  clerk,  the
 authorization  provided in section two of this act shall not take effect
 unless such resolution is approved by the affirmative vote of a majority
 of the qualified electors.
   § 4. Separability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment shall not affect, impair, or invalidate the
 remainder 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.
   § 5. This act shall take effect immediately.

                                 SUBPART B
 
   Section  1.  Legislative  findings.  The  legislature hereby finds and
 determines that pursuant to a bond resolution dated  February  18,  2020
 adopted  by  the  common council of the city of Buffalo, county of Erie,
 (the "common council" and the "city" respectively) the city issued bonds
 in the principal amount of $400,000 to finance the cost of  construction
 of a new police shooting range. The legislature further finds and deter-
 mines  that  said  resolution failed to include language to identify the
 accurate address within the city in which such  construction  of  a  new
 police shooting range is intended to be made.
   § 2. Notwithstanding the defects described in section one of this act,
 the  object  or  purposes  for  which  said bonds were issued are hereby
 deemed to be for the construction of a new police shooting range  to  be
 located  at  379 Paderewski Drive in the city of Buffalo as mentioned in
 the aforesaid resolution and the expenditure of the $400,000 proceeds of
 such bonds for such objects or purposes is hereby authorized, validated,
 confirmed and ratified.
   § 3. The authorization provided in section two of this act  shall  not
 take  effect  until  the  common council of the city of Buffalo adopts a
 resolution after the effective date of this act that shall be subject to
 permissive referendum pursuant to section 23-11 of the  charter  of  the
 city  of  Buffalo as if the council had not already created a city debt.
 In the event a successful petition is filed with  the  city  clerk,  the
 authorization  provided in section two of this act shall not take effect
 unless such resolution is approved by the affirmative vote of a majority
 of the qualified electors.
 S. 8305--C                         68                         A. 8805--C
 
   § 4. Separability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment shall not affect, impair, or invalidate the
 remainder 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.
   § 5. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Legislative findings.  The  legislature  hereby  finds  and
 determines  that  pursuant  to a bond resolution dated February 22, 2022
 adopted by the common council of the city of Buffalo,  county  of  Erie,
 (the "common council" and the "city" respectively) the city issued bonds
 in   the   principal  amount  of  $1,879,700  to  finance  the  cost  of
 construction of a new police training facility. The legislature  further
 finds  and determines that said resolution failed to include language to
 identify the accurate address within the city in which such construction
 of a new police training facility is intended to be made.
   § 2. Notwithstanding the defects described in section one of this act,
 the object or purposes for which  said  bonds  were  issued  are  hereby
 deemed  to  be for the construction of a new police training facility to
 be located at 379 Paderewski Drive in the city of Buffalo  as  mentioned
 in  the  aforesaid  resolution  and  the  expenditure  of the $1,879,700
 proceeds of such bonds for such objects or purposes  is  hereby  author-
 ized, validated, confirmed and ratified.
   §  3.  The authorization provided in section two of this act shall not
 take effect until the common council of the city  of  Buffalo  adopts  a
 resolution after the effective date of this act that shall be subject to
 permissive  referendum  pursuant  to section 23-11 of the charter of the
 city of Buffalo as if the council had not already created a  city  debt.
 In  the  event  a  successful petition is filed with the city clerk, the
 authorization provided in section two of this act shall not take  effect
 unless such resolution is approved by the affirmative vote of a majority
 of the qualified electors.
   § 4. Separability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid, such judgment shall not affect, impair,  or  invalidate  the
 remainder 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.
   § 5. This act shall take effect immediately.
 
                                 SUBPART D
 
   Section 1. Legislative findings.  The  legislature  hereby  finds  and
 determines  that  pursuant  to  a bond resolution dated February 7, 2023
 adopted by the common council of the city of Buffalo,  county  of  Erie,
 (the "common council" and the "city" respectively) the city issued bonds
 in   the   principal  amount  of  $1,514,700  to  finance  the  cost  of
 construction of a new police training facility, including  planning  and
 design work, related site improvements, and furnishings. The legislature
 further  finds  and  determines  that  said resolution failed to include
 language to identify the accurate address within the city in which  such
 construction of a new police training facility is intended to be made.
 S. 8305--C                         69                         A. 8805--C
 
   § 2. Notwithstanding the defects described in section one of this act,
 the  object  or  purposes  for  which  said bonds were issued are hereby
 deemed to be for the construction of a  new  police  training  facility,
 including  planning  and  design  work,  related  site improvements, and
 furnishings to be located at 379 Paderewski Drive in the city of Buffalo
 as  mentioned  in  the  aforesaid  resolution and the expenditure of the
 $1,514,700 proceeds of such bonds for such objects or purposes is hereby
 authorized, validated, confirmed and ratified.
   § 3. The authorization provided in section two of this act  shall  not
 take  effect  until  the  common council of the city of Buffalo adopts a
 resolution after the effective date of this act that shall be subject to
 permissive referendum pursuant to section 23-11 of the  charter  of  the
 city  of  Buffalo as if the council had not already created a city debt.
 In the event a successful petition is filed with  the  city  clerk,  the
 authorization  provided in section two of this act shall not take effect
 unless such resolution is approved by the affirmative vote of a majority
 of the qualified electors.
   § 4. Separability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  such  judgment shall not affect, impair, or invalidate the
 remainder 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.
   § 5. This act shall take effect immediately.
   §  2.  Severability.  If  any  clause, sentence, paragraph, section or
 subpart of this act shall be adjudged by any court of  competent  juris-
 diction  to  be  invalid  and  after  exhaustion of all further judicial
 review, the judgment shall not affect, impair, or invalidate the remain-
 der thereof, but shall be confined  in  its  operation  to  the  clause,
 sentence, paragraph, section or subpart of this act directly involved in
 the controversy in which the judgment shall have been rendered.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through D of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART EE
 
   Section  1.    The  retirement  and  social security law is amended by
 adding a new section 604-j to read as follows:
   § 604-J. TWENTY-FIVE  YEAR  RETIREMENT  PROGRAM  FOR  FIRE  PROTECTION
 INSPECTOR  MEMBERS. A.   DEFINITIONS. THE FOLLOWING WORDS AND PHRASES AS
 USED IN THIS SECTION SHALL HAVE THE FOLLOWING MEANINGS UNLESS A  DIFFER-
 ENT MEANING IS PLAINLY REQUIRED BY THE CONTEXT.
   1.  "FIRE  PROTECTION  INSPECTOR  MEMBER"  SHALL  MEAN A MEMBER WHO IS
 EMPLOYED BY THE CITY OF NEW YORK OR BY THE NEW YORK CITY FIRE DEPARTMENT
 IN A TITLE WHOSE DUTIES ARE THOSE OF  A  FIRE  PROTECTION  INSPECTOR  OR
 ASSOCIATE  FIRE PROTECTION INSPECTOR; OR IN A TITLE WHOSE DUTIES REQUIRE
 THE SUPERVISION OF EMPLOYEES WHOSE DUTIES ARE THOSE OF A FIRE PROTECTION
 INSPECTOR OR ASSOCIATE FIRE PROTECTION INSPECTOR.
   2. "TWENTY-FIVE YEAR RETIREMENT PROGRAM" SHALL MEAN ALL THE TERMS  AND
 CONDITIONS OF THIS SECTION.
   3.  "STARTING  DATE  OF THE TWENTY-FIVE YEAR RETIREMENT PROGRAM" SHALL
 MEAN THE EFFECTIVE DATE OF THIS SECTION.
   4. "PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM" SHALL MEAN
 ANY  FIRE  PROTECTION  INSPECTOR  MEMBER  WHO,  UNDER   THE   APPLICABLE
 PROVISIONS  OF SUBDIVISION B OF THIS SECTION, IS ENTITLED TO THE RIGHTS,
 S. 8305--C                         70                         A. 8805--C

 BENEFITS, AND PRIVILEGES AND IS SUBJECT TO THE OBLIGATIONS OF THE  TWEN-
 TY-FIVE YEAR RETIREMENT PROGRAM, AS APPLICABLE TO THEM.
   5.  "DISCONTINUED  MEMBER" SHALL MEAN A PARTICIPANT IN THE TWENTY-FIVE
 YEAR RETIREMENT PROGRAM WHO, WHILE THEY WERE A FIRE PROTECTION INSPECTOR
 MEMBER, DISCONTINUED SERVICE AS SUCH A MEMBER  AND  HAS  A  RIGHT  TO  A
 DEFERRED VESTED BENEFIT UNDER SUBDIVISION D OF THIS SECTION.
   6.  "ADMINISTRATIVE  CODE"  SHALL  MEAN THE ADMINISTRATIVE CODE OF THE
 CITY OF NEW YORK.
   7. "ALLOWABLE SERVICE AS A FIRE  PROTECTION  INSPECTOR  MEMBER"  SHALL
 MEAN ALL SERVICE AS A FIRE PROTECTION INSPECTOR MEMBER.
   B.  PARTICIPATION  IN  THE  TWENTY-FIVE  YEAR  RETIREMENT  PROGRAM. 1.
 SUBJECT TO THE PROVISIONS OF PARAGRAPHS SIX AND SEVEN OF  THIS  SUBDIVI-
 SION, ANY PERSON WHO IS A FIRE PROTECTION INSPECTOR MEMBER ON THE START-
 ING  DATE  OF THE TWENTY-FIVE YEAR RETIREMENT PROGRAM AND WHO, AS SUCH A
 FIRE PROTECTION INSPECTOR MEMBER OR OTHERWISE, LAST  BECAME  SUBJECT  TO
 THE PROVISIONS OF THIS ARTICLE PRIOR TO SUCH STARTING DATE, MAY ELECT TO
 BECOME  A  PARTICIPANT  IN  THE  TWENTY-FIVE  YEAR RETIREMENT PROGRAM BY
 FILING, WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE STARTING  DATE  OF  THE
 TWENTY-FIVE  YEAR  RETIREMENT  PROGRAM,  A DULY EXECUTED APPLICATION FOR
 SUCH PARTICIPATION WITH THE RETIREMENT SYSTEM OF WHICH SUCH PERSON IS  A
 MEMBER, PROVIDED THEY ARE SUCH A FIRE PROTECTION INSPECTOR MEMBER ON THE
 DATE SUCH APPLICATION IS FILED.
   2.  SUBJECT  TO  THE  PROVISIONS  OF  PARAGRAPHS SIX AND SEVEN OF THIS
 SUBDIVISION, ANY PERSON WHO BECOMES A FIRE PROTECTION  INSPECTOR  MEMBER
 AFTER  THE  STARTING DATE OF THE TWENTY-FIVE YEAR RETIREMENT PROGRAM AND
 WHO, AS SUCH A FIRE  PROTECTION  INSPECTOR  MEMBER  OR  OTHERWISE,  LAST
 BECAME  SUBJECT TO THE PROVISIONS OF THIS ARTICLE PRIOR TO SUCH STARTING
 DATE, MAY ELECT TO BECOME A PARTICIPANT IN THE TWENTY-FIVE YEAR  RETIRE-
 MENT  PROGRAM  BY  FILING, WITHIN ONE HUNDRED EIGHTY DAYS AFTER BECOMING
 SUCH A FIRE PROTECTION INSPECTOR MEMBER, A DULY EXECUTED APPLICATION FOR
 SUCH PARTICIPATION WITH THE RETIREMENT SYSTEM FOR WHICH SUCH PERSON IS A
 MEMBER, PROVIDED THEY ARE SUCH A FIRE PROTECTION INSPECTOR MEMBER ON THE
 DATE SUCH APPLICATION IS FILED.
   3. EACH FIRE PROTECTION INSPECTOR MEMBER, OTHER THAN A FIRE PROTECTION
 INSPECTOR MEMBER SUBJECT TO PARAGRAPH ONE OR TWO  OF  THIS  SUBDIVISION,
 WHO  BECOMES  SUBJECT  TO THE PROVISIONS OF THIS ARTICLE ON OR AFTER THE
 STARTING DATE OF THE TWENTY-FIVE YEAR RETIREMENT PROGRAM SHALL BECOME  A
 PARTICIPANT  IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM ON THE DATE THEY
 BECOME SUCH A FIRE PROTECTION INSPECTOR  MEMBER.  PROVIDED,  HOWEVER,  A
 PERSON  SUBJECT  TO THIS PARAGRAPH, AND WHO HAS EXCEEDED AGE TWENTY-FIVE
 UPON EMPLOYMENT AS A FIRE PROTECTION INSPECTOR MEMBER, SHALL  BE  EXEMPT
 FROM  PARTICIPATION  IN THE IMPROVED TWENTY-FIVE YEAR RETIREMENT PROGRAM
 IF SUCH PERSON ELECTS NOT TO PARTICIPATE BY FILING A DULY EXECUTED  FORM
 WITH  THE RETIREMENT SYSTEM WITHIN ONE HUNDRED EIGHTY DAYS OF BECOMING A
 FIRE PROTECTION INSPECTOR MEMBER.
   4. ANY ELECTION TO BE A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT
 PROGRAM SHALL BE IRREVOCABLE.
   5. WHERE ANY PARTICIPANT IN THE TWENTY-FIVE  YEAR  RETIREMENT  PROGRAM
 SHALL  CEASE  TO BE EMPLOYED AS A FIRE PROTECTION INSPECTOR MEMBER, THEY
 SHALL CEASE TO BE SUCH A PARTICIPANT AND, DURING  ANY  PERIOD  IN  WHICH
 SUCH  PERSON  IS NOT SO EMPLOYED, THEY SHALL NOT BE A PARTICIPANT IN THE
 TWENTY-FIVE YEAR RETIREMENT PROGRAM AND SHALL NOT BE  ELIGIBLE  FOR  THE
 BENEFITS OF SUBDIVISION C OF THIS SECTION.
   6.  WHERE  ANY  PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM
 TERMINATES SERVICE AS A FIRE PROTECTION INSPECTOR MEMBER AND RETURNS  TO
 S. 8305--C                         71                         A. 8805--C
 
 SUCH SERVICE AS A FIRE PROTECTION INSPECTOR MEMBER AT A LATER DATE, THEY
 SHALL AGAIN BECOME SUCH A PARTICIPANT ON THAT DATE.
   7. NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW TO THE CONTRARY, ANY
 PERSON  WHO  IS ELIGIBLE TO ELECT TO BECOME A PARTICIPANT IN THE TWENTY-
 FIVE YEAR RETIREMENT PROGRAM PURSUANT TO PARAGRAPH ONE OR  TWO  OF  THIS
 SUBDIVISION  FOR  THE FULL ONE HUNDRED EIGHTY DAY PERIOD PROVIDED FOR IN
 SUCH APPLICABLE PARAGRAPH AND WHO FAILS TO TIMELY FILE A  DULY  EXECUTED
 APPLICATION FOR SUCH PARTICIPATION WITH THE RETIREMENT SYSTEM, SHALL NOT
 THEREAFTER BE ELIGIBLE TO BECOME A PARTICIPANT IN SUCH PROGRAM.
   C.  SERVICE  RETIREMENT  BENEFITS. 1. A PARTICIPANT IN THE TWENTY-FIVE
 YEAR RETIREMENT PROGRAM:
   (I) WHO HAS COMPLETED TWENTY-FIVE OR MORE YEARS OF  ALLOWABLE  SERVICE
 AS A FIRE PROTECTION INSPECTOR MEMBER; AND
   (II)  WHO HAS PAID, BEFORE THE EFFECTIVE DATE OF RETIREMENT, ALL ADDI-
 TIONAL MEMBER CONTRIBUTIONS AND INTEREST (IF ANY) REQUIRED  BY  SUBDIVI-
 SION E OF THIS SECTION; AND
   (III)  WHO FILES WITH THE RETIREMENT SYSTEM OF WHICH THEY ARE A MEMBER
 AN APPLICATION FOR SERVICE RETIREMENT SETTING FORTH AT  WHAT  TIME,  NOT
 LESS  THAN  THIRTY  DAYS SUBSEQUENT TO THE EXECUTION AND FILING THEREOF,
 THEIR DESIRE TO BE RETIRED; AND
   (IV) WHO SHALL BE A PARTICIPANT IN  THE  TWENTY-FIVE  YEAR  RETIREMENT
 PROGRAM  AT THE TIME SO SPECIFIED FOR THEIR RETIREMENT; SHALL BE RETIRED
 PURSUANT TO THE PROVISIONS  OF  THIS  SECTION  AFFORDING  EARLY  SERVICE
 RETIREMENT.
   2.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION A-1 OF SECTION SIX
 HUNDRED THREE OF THIS ARTICLE, OR ANY OTHER  PROVISION  OF  LAW  TO  THE
 CONTRARY,  AND SUBJECT TO THE PROVISIONS OF PARAGRAPH SIX OF SUBDIVISION
 E OF THIS SECTION, THE EARLY SERVICE RETIREMENT BENEFIT FOR PARTICIPANTS
 IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM WHO RETIRE PURSUANT TO  PARA-
 GRAPH ONE OF THIS SUBDIVISION SHALL BE A RETIREMENT ALLOWANCE CONSISTING
 OF:
   (I)  AN  AMOUNT, ON ACCOUNT OF THE REQUIRED MINIMUM PERIOD OF SERVICE,
 EQUAL TO FIFTY PERCENT OF THEIR FINAL AVERAGE SALARY; PLUS
   (II) AN AMOUNT ON ACCOUNT OF ALLOWABLE SERVICE AS  A  FIRE  PROTECTION
 INSPECTOR  MEMBER,  OR  FRACTION  THEREOF,  BEYOND SUCH REQUIRED MINIMUM
 PERIOD OF SERVICE EQUAL TO TWO PERCENT OF THEIR FINAL  SALARY  FOR  SUCH
 ALLOWABLE SERVICE AS A FIRE PROTECTION INSPECTOR MEMBER DURING THE PERI-
 OD  FROM  COMPLETION OF TWENTY-FIVE YEARS OF ALLOWABLE SERVICE AS A FIRE
 PROTECTION INSPECTOR MEMBER TO THE DATE OF RETIREMENT BUT NOT TO  EXCEED
 MORE  THAN FIVE YEARS OF ADDITIONAL SERVICE AS A FIRE PROTECTION INSPEC-
 TOR MEMBER.
   D. VESTING. 1.  A  PARTICIPANT  IN  THE  TWENTY-FIVE  YEAR  RETIREMENT
 PROGRAM:
   (I)  WHO  DISCONTINUES  SERVICE  AS  SUCH A PARTICIPANT, OTHER THAN BY
 DEATH OR RETIREMENT; AND
   (II) WHO PRIOR TO SUCH DISCONTINUANCE, COMPLETED FIVE  BUT  LESS  THAN
 TWENTY-FIVE  YEARS  OF  ALLOWABLE SERVICE AS A FIRE PROTECTION INSPECTOR
 MEMBER; AND
   (III) WHO, SUBJECT TO THE PROVISIONS OF PARAGRAPH SEVEN OF SUBDIVISION
 E OF THIS SECTION, HAS PAID, PRIOR TO  SUCH  DISCONTINUANCE,  ALL  ADDI-
 TIONAL  MEMBER  CONTRIBUTIONS AND INTEREST (IF ANY) REQUIRED BY SUBDIVI-
 SION E OF THIS SECTION; AND
   (IV) WHO DOES NOT WITHDRAW IN  WHOLE  OR  IN  PART  THEIR  ACCUMULATED
 MEMBER  CONTRIBUTIONS  PURSUANT  TO SECTION SIX HUNDRED THIRTEEN OF THIS
 ARTICLE UNLESS SUCH PARTICIPANT THEREAFTER RETURNS TO PUBLIC SERVICE AND
 REPAYS THE AMOUNTS SO WITHDRAWN, TOGETHER  WITH  INTEREST,  PURSUANT  TO
 S. 8305--C                         72                         A. 8805--C
 
 SUCH  SECTION  SIX  HUNDRED  THIRTEEN;  SHALL  BE  ENTITLED TO RECEIVE A
 DEFERRED VESTED BENEFIT AS PROVIDED IN THIS SUBDIVISION.
   2. (I) UPON SUCH DISCONTINUANCE UNDER THE CONDITIONS AND IN COMPLIANCE
 WITH  THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION, SUCH DEFERRED
 VESTED BENEFIT SHALL VEST AUTOMATICALLY.
   (II) IN THE CASE OF A PARTICIPANT WHO IS NOT A NEW YORK  CITY  REVISED
 PLAN  MEMBER,  SUCH  VESTED BENEFIT SHALL BECOME PAYABLE ON THE EARLIEST
 DATE ON WHICH SUCH DISCONTINUED MEMBER COULD HAVE RETIRED FOR SERVICE IF
 SUCH DISCONTINUANCE HAD NOT OCCURRED OR, IN THE CASE  OF  A  PARTICIPANT
 WHO  IS  A  NEW YORK CITY REVISED PLAN MEMBER, SUCH VESTED BENEFIT SHALL
 BECOME PAYABLE AT AGE SIXTY-THREE. SUBJECT TO THE  PROVISIONS  OF  PARA-
 GRAPH SEVEN OF SUBDIVISION E OF THIS SECTION, SUCH DEFERRED VESTED BENE-
 FIT SHALL BE A RETIREMENT ALLOWANCE CONSISTING OF AN AMOUNT EQUAL TO TWO
 PERCENT  OF  SUCH DISCONTINUED MEMBER'S FINAL AVERAGE SALARY, MULTIPLIED
 BY THE NUMBER OF YEARS OF CREDITED SERVICE.
   E. ADDITIONAL MEMBER CONTRIBUTIONS.  1.  IN  ADDITION  TO  THE  MEMBER
 CONTRIBUTIONS  REQUIRED BY SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE,
 EACH PARTICIPANT  IN  THE  TWENTY-FIVE  YEAR  RETIREMENT  PROGRAM  SHALL
 CONTRIBUTE  TO THE RETIREMENT SYSTEM OF WHICH THEY ARE A MEMBER (SUBJECT
 TO THE APPLICABLE PROVISIONS OF SUBDIVISION D  OF  SECTION  SIX  HUNDRED
 THIRTEEN  OF  THIS ARTICLE AND SUBJECT TO THE LIMITATION PROVIDED FOR IN
 PARAGRAPH TWO OF THIS SUBDIVISION) AN  ADDITIONAL  SIX  AND  TWENTY-FIVE
 ONE-HUNDREDTHS  PERCENT OF THEIR COMPENSATION EARNED FROM (I) ALL ALLOW-
 ABLE SERVICE, AS  A  PARTICIPANT  IN  THE  TWENTY-FIVE  YEAR  RETIREMENT
 PROGRAM,  RENDERED ON OR AFTER THE STARTING DATE OF THE TWENTY-FIVE YEAR
 RETIREMENT PROGRAM, AND (II) ALL ALLOWABLE  SERVICE  AFTER  SUCH  PERSON
 CEASES  TO  BE A PARTICIPANT, BUT BEFORE THEY AGAIN BECOME A PARTICIPANT
 PURSUANT TO PARAGRAPH SIX OF SUBDIVISION B OF THIS  SECTION.  THE  ADDI-
 TIONAL  CONTRIBUTIONS REQUIRED BY THIS SECTION SHALL BE IN LIEU OF ADDI-
 TIONAL MEMBER CONTRIBUTIONS REQUIRED BY SUBDIVISION  D  OF  SECTION  SIX
 HUNDRED  FOUR-C  OF  THIS ARTICLE, AS ADDED BY CHAPTER NINETY-SIX OF THE
 LAWS OF NINETEEN HUNDRED NINETY-FIVE, AND NO  MEMBER  MAKING  ADDITIONAL
 CONTRIBUTIONS  PURSUANT  TO  THIS  SECTION  SHALL  BE  REQUIRED  TO MAKE
 CONTRIBUTIONS PURSUANT TO SUCH SUBDIVISION  D  OF  SECTION  SIX  HUNDRED
 FOUR-C OF THIS ARTICLE. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
 PARAGRAPH,  THE  ADDITIONAL  MEMBER  CONTRIBUTION REQUIRED TO BE PAID BY
 EACH PARTICIPANT  PURSUANT  TO  THIS  PARAGRAPH  SHALL  NOT  EXCEED  THE
 PERCENTAGE  OF  THEIR  COMPENSATION THAT, WHEN ADDED TO THE CONTRIBUTION
 MADE PURSUANT TO SUBDIVISION D OF SECTION SIX HUNDRED THIRTEEN  OF  THIS
 ARTICLE,  EQUALS  NINE  AND  TWENTY-FIVE  ONE-HUNDREDTHS PERCENT OF THAT
 COMPENSATION.
   2. A PARTICIPANT IN THE  TWENTY-FIVE  YEAR  RETIREMENT  PROGRAM  SHALL
 CONTRIBUTE  ADDITIONAL  MEMBER  CONTRIBUTIONS UNTIL THE LATER OF (I) THE
 FIRST ANNIVERSARY OF THE STARTING DATE OF THE TWENTY-FIVE  YEAR  RETIRE-
 MENT  PROGRAM,  OR  (II) THE DATE ON WHICH THEY COMPLETE THIRTY YEARS OF
 ALLOWABLE SERVICE AS A FIRE PROTECTION INSPECTOR MEMBER.
   3. COMMENCING WITH THE FIRST FULL PAYROLL  PERIOD  AFTER  EACH  PERSON
 BECOMES  A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM, ADDI-
 TIONAL MEMBER CONTRIBUTIONS AT THE RATE SPECIFIED IN  PARAGRAPH  ONE  OF
 THIS SUBDIVISION SHALL BE DEDUCTED (SUBJECT TO THE APPLICABLE PROVISIONS
 OF  SUBDIVISION  D OF SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE) FROM
 THE COMPENSATION OF SUCH PARTICIPANT ON EACH AND EVERY PAYROLL  OF  SUCH
 PARTICIPANT  FOR EACH AND EVERY PAYROLL PERIOD FOR WHICH THEY ARE SUCH A
 PARTICIPANT.
   4. (I) EACH PARTICIPANT IN THE  TWENTY-FIVE  YEAR  RETIREMENT  PROGRAM
 SHALL  BE CHARGED WITH A CONTRIBUTION DEFICIENCY CONSISTING OF THE TOTAL
 S. 8305--C                         73                         A. 8805--C
 
 AMOUNTS OF ADDITIONAL MEMBER CONTRIBUTIONS SUCH PERSON  IS  REQUIRED  TO
 MAKE  PURSUANT  TO  PARAGRAPHS ONE AND TWO OF THIS SUBDIVISION WHICH ARE
 NOT DEDUCTED FROM THEIR COMPENSATION PURSUANT TO PARAGRAPH THREE OF THIS
 SUBDIVISION,  IF ANY, TOGETHER WITH INTEREST THEREON, COMPOUNDED ANNUAL-
 LY, AND COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPHS (II)
 AND (III) OF THIS PARAGRAPH.
   (II) (A) THE INTEREST REQUIRED TO BE PAID ON EACH SUCH  AMOUNT  SPECI-
 FIED  IN SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL ACCRUE FROM THE END OF
 THE PAYROLL PERIOD FOR WHICH SUCH AMOUNT WOULD HAVE BEEN  DEDUCTED  FROM
 COMPENSATION  IF  THEY  HAD  BEEN A PARTICIPANT AT THE BEGINNING OF THAT
 PAYROLL PERIOD AND SUCH DEDUCTION HAD BEEN  REQUIRED  FOR  SUCH  PAYROLL
 PERIOD, UNTIL SUCH AMOUNT IS PAID TO THE RETIREMENT SYSTEM.
   (B)  THE RATE OF INTEREST TO BE APPLIED TO EACH SUCH AMOUNT DURING THE
 PERIOD FOR WHICH INTEREST ACCRUES ON THAT AMOUNT SHALL BE EQUAL  TO  THE
 RATE  OR  RATES  OF INTEREST REQUIRED BY LAW TO BE USED DURING THAT SAME
 PERIOD TO CREDIT INTEREST ON THE ACCUMULATED  DEDUCTIONS  OF  RETIREMENT
 SYSTEM MEMBERS.
   (III)  EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH FIVE OF THIS SUBDIVI-
 SION, NO INTEREST SHALL BE DUE ON ANY UNPAID ADDITIONAL MEMBER  CONTRIB-
 UTIONS  WHICH  ARE  NOT ATTRIBUTABLE TO A PERIOD PRIOR TO THE FIRST FULL
 PAYROLL PERIOD REFERRED TO IN PARAGRAPH THREE OF THIS SUBDIVISION.
   5. (I) SHOULD ANY PERSON WHO, PURSUANT TO SUBPARAGRAPH (II)  OF  PARA-
 GRAPH TEN OF THIS SUBDIVISION, HAS RECEIVED A REFUND OF THEIR ADDITIONAL
 MEMBER  CONTRIBUTION  INCLUDING ANY INTEREST PAID ON SUCH CONTRIBUTIONS,
 AGAIN BECOME A PARTICIPANT IN THE TWENTY-FIVE  YEAR  RETIREMENT  PROGRAM
 PURSUANT TO PARAGRAPH SIX OF SUBDIVISION B OF THIS SECTION, AN APPROPRI-
 ATE  AMOUNT  SHALL  BE INCLUDED IN SUCH PARTICIPANT'S CONTRIBUTION DEFI-
 CIENCY (INCLUDING INTEREST THEREON AS CALCULATED  PURSUANT  TO  SUBPARA-
 GRAPH  (II)  OF  THIS PARAGRAPH) FOR ANY CREDITED SERVICE FOR WHICH SUCH
 PERSON  RECEIVED  A  REFUND  OF  SUCH  ADDITIONAL  MEMBER  CONTRIBUTIONS
 (INCLUDING  ANY  AMOUNT  OF  AN  UNPAID LOAN BALANCE DEEMED TO HAVE BEEN
 RETURNED TO SUCH PERSON PURSUANT TO PARAGRAPH TWELVE  OF  THIS  SUBDIVI-
 SION), AS IF SUCH ADDITIONAL MEMBER CONTRIBUTIONS NEVER HAD BEEN PAID.
   (II)(A)  INTEREST  ON  A PARTICIPANT'S ADDITIONAL MEMBER CONTRIBUTIONS
 INCLUDED IN  SUCH  PARTICIPANT'S  CONTRIBUTION  DEFICIENCY  PURSUANT  TO
 SUBPARAGRAPH  (I) OF THIS PARAGRAPH SHALL BE CALCULATED AS IF SUCH ADDI-
 TIONAL MEMBER CONTRIBUTIONS HAD NEVER BEEN PAID BY SUCH PARTICIPANT, AND
 SUCH INTEREST SHALL ACCRUE FROM THE END OF THE PAYROLL PERIOD  TO  WHICH
 AN AMOUNT OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS IS ATTRIBUTABLE, UNTIL
 SUCH AMOUNT IS PAID TO THE RETIREMENT SYSTEM.
   (B)  THE RATE OF INTEREST TO BE APPLIED TO EACH SUCH AMOUNT DURING THE
 PERIOD FOR WHICH INTEREST ACCRUES ON THAT AMOUNT SHALL BE  FIVE  PERCENT
 PER ANNUM, COMPOUNDED ANNUALLY.
   6.  WHERE  A PARTICIPANT WHO IS OTHERWISE ELIGIBLE FOR SERVICE RETIRE-
 MENT PURSUANT TO SUBDIVISION C OF THIS SECTION DID  NOT,  PRIOR  TO  THE
 EFFECTIVE  DATE  OF  RETIREMENT, PAY THE ENTIRE AMOUNT OF A CONTRIBUTION
 DEFICIENCY CHARGEABLE TO THEM PURSUANT TO PARAGRAPHS FOUR  AND  FIVE  OF
 THIS  SUBDIVISION,  OR  REPAY THE ENTIRE AMOUNT OF A LOAN OF THEIR ADDI-
 TIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF THIS  SUBDI-
 VISION  (INCLUDING  ACCRUED  INTEREST  ON  SUCH LOAN), THAT PARTICIPANT,
 NEVERTHELESS, SHALL BE ELIGIBLE TO RETIRE PURSUANT TO SUBDIVISION  C  OF
 THIS SECTION, PROVIDED, HOWEVER, THAT SUCH PARTICIPANT'S SERVICE RETIRE-
 MENT  BENEFIT CALCULATED PURSUANT TO PARAGRAPH TWO OF SUCH SUBDIVISION C
 OF THIS SECTION SHALL BE  REDUCED  BY  A  LIFE  ANNUITY  (CALCULATED  IN
 ACCORDANCE  WITH  THE  METHOD  SET FORTH IN SUBDIVISION I OF SECTION SIX
 HUNDRED THIRTEEN-B OF THIS ARTICLE) WHICH IS ACTUARIALLY EQUIVALENT TO:
 S. 8305--C                         74                         A. 8805--C
 
   (I) THE AMOUNT OF ANY UNPAID  CONTRIBUTION  DEFICIENCY  CHARGEABLE  TO
 SUCH  MEMBER  PURSUANT  TO PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION;
 PLUS
   (II)  THE  AMOUNT  OF ANY UNPAID BALANCE OF A LOAN OF THEIR ADDITIONAL
 MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN  OF  THIS  SUBDIVISION
 (INCLUDING ACCRUED INTEREST ON SUCH LOAN).
   7. WHERE A PARTICIPANT WHO IS OTHERWISE ELIGIBLE FOR A VESTED RIGHT TO
 A  DEFERRED  BENEFIT  PURSUANT TO SUBDIVISION D OF THIS SECTION DID NOT,
 PRIOR TO THE DATE OF DISCONTINUANCE OF SERVICE, PAY THE ENTIRE AMOUNT OF
 A CONTRIBUTION DEFICIENCY CHARGEABLE TO THEM PURSUANT TO PARAGRAPHS FOUR
 AND FIVE OF THIS SUBDIVISION, OR REPAY THE ENTIRE AMOUNT OF  A  LOAN  OF
 THEIR  ADDITIONAL  MEMBER  CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF
 THIS SUBDIVISION (INCLUDING ACCRUED INTEREST ON SUCH LOAN), THAT PARTIC-
 IPANT, NEVERTHELESS, SHALL HAVE A VESTED RIGHT  TO  A  DEFERRED  BENEFIT
 PURSUANT  TO  SUBDIVISION  D OF THIS SECTION PROVIDED, HOWEVER, THAT THE
 DEFERRED VESTED BENEFIT CALCULATED PURSUANT TO PARAGRAPH TWO OF SUBDIVI-
 SION D OF THIS SECTION SHALL BE REDUCED BY A LIFE ANNUITY (CALCULATED IN
 ACCORDANCE WITH THE METHOD SET FORTH IN SUBDIVISION  I  OF  SECTION  SIX
 HUNDRED THIRTEEN-B OF THIS ARTICLE) WHICH IS ACTUARIALLY EQUIVALENT TO:
   (I)  THE  AMOUNT  OF ANY UNPAID CONTRIBUTION CHARGEABLE TO SUCH MEMBER
 PURSUANT TO PARAGRAPHS FOUR AND FIVE OF THIS SUBDIVISION; PLUS
   (II) THE AMOUNT OF ANY UNPAID BALANCE OF A LOAN  OF  THEIR  ADDITIONAL
 MEMBER  CONTRIBUTIONS  PURSUANT  TO PARAGRAPH ELEVEN OF THIS SUBDIVISION
 (INCLUDING ACCRUED INTEREST ON SUCH A LOAN).
   8. THE HEAD OF A RETIREMENT SYSTEM WHICH INCLUDES PARTICIPANTS IN  THE
 TWENTY-FIVE  YEAR  RETIREMENT  PROGRAM IN ITS MEMBERSHIP MAY, CONSISTENT
 WITH THE PROVISIONS OF THIS SUBDIVISION, PROMULGATE REGULATIONS FOR  THE
 PAYMENT OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS, AND ANY INTEREST THERE-
 ON, BY SUCH PARTICIPANTS (INCLUDING THE DEDUCTION OF SUCH CONTRIBUTIONS,
 AND ANY INTEREST THEREON, FROM THE PARTICIPANT'S COMPENSATION).
   9.  SUBJECT  TO  THE  PROVISIONS  OF  PARAGRAPHS SIX AND SEVEN OF THIS
 SUBDIVISION, WHERE A PARTICIPANT HAS NOT PAID IN FULL  ANY  CONTRIBUTION
 DEFICIENCY  CHARGEABLE  TO  THEM PURSUANT TO PARAGRAPHS FOUR AND FIVE OF
 THIS SUBDIVISION, AND A BENEFIT, OTHER THAN A REFUND OF MEMBER  CONTRIB-
 UTIONS  PURSUANT  TO  SECTION  SIX HUNDRED THIRTEEN OF THIS ARTICLE OR A
 REFUND OF ADDITIONAL MEMBER CONTRIBUTIONS PURSUANT TO SUBPARAGRAPH  (II)
 OF PARAGRAPH TEN OF THIS SUBDIVISION, BECOMES PAYABLE UNDER THIS ARTICLE
 TO  THE  PARTICIPANT  OR  TO THEIR DESIGNATED BENEFICIARY OR ESTATE, THE
 ACTUARIAL EQUIVALENT OF ANY SUCH UNPAID AMOUNT SHALL  BE  DEDUCTED  FROM
 THE BENEFIT OTHERWISE PAYABLE.
   10.  (I) SUCH ADDITIONAL MEMBER CONTRIBUTIONS (AND ANY INTEREST THERE-
 ON) SHALL BE PAID INTO THE CONTINGENT RESERVE  FUND  OF  THE  RETIREMENT
 SYSTEM  OF  WHICH  THE  PARTICIPANT  IS  A  MEMBER AND SHALL NOT FOR ANY
 PURPOSE BE DEEMED TO BE MEMBER  CONTRIBUTIONS  OR  ACCUMULATED  CONTRIB-
 UTIONS OF A MEMBER UNDER SECTION SIX HUNDRED THIRTEEN OF THIS ARTICLE OR
 OTHERWISE  WHILE  THEY ARE A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIRE-
 MENT PROGRAM OR OTHERWISE.
   (II) SHOULD A PARTICIPANT IN THE TWENTY-FIVE YEAR  RETIREMENT  PROGRAM
 WHO  HAS  RENDERED  LESS THAN FIFTEEN YEARS OF CREDITED SERVICE CEASE TO
 HOLD A POSITION AS A FIRE PROTECTION INSPECTOR  MEMBER  FOR  ANY  REASON
 WHATSOEVER,  THEIR  ACCUMULATED  ADDITIONAL  MEMBER  CONTRIBUTIONS  MADE
 PURSUANT TO THIS SUBDIVISION (TOGETHER WITH ANY INTEREST THEREON PAID TO
 THE RETIREMENT SYSTEM) MAY BE WITHDRAWN BY THEM PURSUANT  TO  PROCEDURES
 PROMULGATED  IN  REGULATIONS  OF THE BOARD OF TRUSTEES OF THE RETIREMENT
 SYSTEM, TOGETHER WITH INTEREST THEREON AT THE RATE OF FIVE  PERCENT  PER
 ANNUM, COMPOUNDED ANNUALLY.
 S. 8305--C                         75                         A. 8805--C
 
   (III)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, (A)
 NO PERSON SHALL BE PERMITTED TO WITHDRAW FROM THE RETIREMENT SYSTEM  ANY
 ADDITIONAL MEMBER CONTRIBUTIONS PAID PURSUANT TO THIS SUBDIVISION OR ANY
 INTEREST  PAID  THEREON,  EXCEPT  PURSUANT TO AND IN ACCORDANCE WITH THE
 PRECEDING SUBPARAGRAPHS OF THIS PARAGRAPH; AND (B) NO PERSON, WHILE THEY
 ARE  A  PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM, SHALL BE
 PERMITTED TO WITHDRAW ANY SUCH ADDITIONAL MEMBER  CONTRIBUTIONS  OR  ANY
 INTEREST  PAID THEREON PURSUANT TO ANY OF THE PRECEDING SUBPARAGRAPHS OF
 THIS PARAGRAPH OR OTHERWISE.
   11. A PARTICIPANT IN THE TWENTY-FIVE YEAR RETIREMENT PROGRAM SHALL  BE
 PERMITTED  TO BORROW FROM THEIR ADDITIONAL MEMBER CONTRIBUTIONS (INCLUD-
 ING ANY INTEREST PAID THEREON) WHICH  ARE  CREDITED  TO  THE  ADDITIONAL
 CONTRIBUTIONS ACCOUNT ESTABLISHED FOR SUCH PARTICIPANT IN THE CONTINGENT
 RESERVE  FUND  OF  THE  RETIREMENT SYSTEM. THE BORROWING FROM SUCH ADDI-
 TIONAL MEMBER CONTRIBUTIONS PURSUANT TO THIS PARAGRAPH SHALL BE GOVERNED
 BY THE RIGHTS, PRIVILEGES, OBLIGATIONS,  AND  PROCEDURES  SET  FORTH  IN
 SECTION  SIX HUNDRED THIRTEEN-B OF THIS ARTICLE WHICH GOVERN THE BORROW-
 ING OF MEMBER CONTRIBUTIONS MADE PURSUANT TO SECTION SIX  HUNDRED  THIR-
 TEEN  OF  THIS  ARTICLE.  THE BOARD OF TRUSTEES OF THE RETIREMENT SYSTEM
 MAY,  CONSISTENT  WITH  THE  PROVISIONS  OF  THIS  SUBDIVISION  AND  THE
 PROVISIONS  OF  SECTION  SIX  HUNDRED THIRTEEN-B OF THIS ARTICLE AS MADE
 APPLICABLE TO THIS SUBDIVISION,  PROMULGATE  REGULATIONS  GOVERNING  THE
 BORROWING OF SUCH ADDITIONAL MEMBER CONTRIBUTIONS.
   12.  WHENEVER  A PERSON HAS AN UNPAID BALANCE OF A LOAN OR THEIR ADDI-
 TIONAL MEMBER CONTRIBUTIONS PURSUANT TO PARAGRAPH ELEVEN OF THIS  SUBDI-
 VISION  AT THE TIME THEY BECOME ENTITLED TO A REFUND OF THEIR ADDITIONAL
 MEMBER CONTRIBUTIONS PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH  TEN  OF
 THIS  SUBDIVISION,  THE  AMOUNT  OF  SUCH UNPAID LOAN BALANCE (INCLUDING
 ACCRUED INTEREST) SHALL BE DEEMED TO HAVE BEEN RETURNED TO SUCH  MEMBER,
 AND  THE REFUND OF SUCH ADDITIONAL CONTRIBUTIONS SHALL BE THE NET AMOUNT
 OF SUCH CONTRIBUTION, TOGETHER WITH INTEREST THEREON IN ACCORDANCE  WITH
 THE PROVISIONS OF SUCH SUBPARAGRAPH (II).
   § 2. Subdivision d of section 613 of the retirement and social securi-
 ty law is amended by adding a new paragraph 12 to read as follows:
   12.  (I)  THE CITY OF NEW YORK SHALL, IN THE CASE OF A FIRE PROTECTION
 INSPECTOR MEMBER (AS DEFINED  IN  PARAGRAPH  ONE  OF  SUBDIVISION  A  OF
 SECTION  SIX HUNDRED FOUR-J OF THIS ARTICLE) WHO IS A PARTICIPANT IN THE
 TWENTY-FIVE YEAR RETIREMENT PROGRAM (AS DEFINED  IN  PARAGRAPH  FOUR  OF
 SUBDIVISION  A  OF  SUCH SECTION SIX HUNDRED FOUR-J), PICK UP AND PAY TO
 THE RETIREMENT SYSTEM OF WHICH SUCH PARTICIPANT IS A  MEMBER  ALL  ADDI-
 TIONAL  MEMBER  CONTRIBUTIONS  WHICH  OTHERWISE  WOULD BE REQUIRED TO BE
 DEDUCTED FROM SUCH MEMBER'S COMPENSATION PURSUANT TO PARAGRAPHS ONE  AND
 TWO  OF SUBDIVISION E OF SUCH SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE
 (NOT INCLUDING ANY ADDITIONAL MEMBER CONTRIBUTIONS DUE  FOR  ANY  PERIOD
 PRIOR  TO  THE  FIRST  FULL PAYROLL PERIOD REFERRED TO IN SUCH PARAGRAPH
 THREE OF SUCH SUBDIVISION E), AND SHALL EFFECT SUCH PICK UP IN EACH  AND
 EVERY PAYROLL OF SUCH PARTICIPANT FOR EACH AND EVERY PAYROLL PERIOD WITH
 RESPECT  TO  WHICH  SUCH  PARAGRAPH  THREE  WOULD OTHERWISE REQUIRE SUCH
 DEDUCTIONS.
   (II) AN AMOUNT EQUAL TO THE AMOUNT OF ADDITIONAL CONTRIBUTIONS  PICKED
 UP  PURSUANT  TO  THIS PARAGRAPH SHALL BE DEDUCTED BY SUCH EMPLOYER FROM
 THE COMPENSATION OF SUCH MEMBER (AS SUCH COMPENSATION WOULD  BE  IN  THE
 ABSENCE OF A PICK UP PROGRAM APPLICABLE TO THEM HEREUNDER) AND SHALL NOT
 BE PAID TO SUCH MEMBER.
   (III)  THE  ADDITIONAL MEMBER CONTRIBUTIONS PICKED UP PURSUANT TO THIS
 PARAGRAPH FOR ANY SUCH MEMBER SHALL BE PAID BY SUCH EMPLOYER IN LIEU  OF
 S. 8305--C                         76                         A. 8805--C
 
 AN EQUAL AMOUNT OF ADDITIONAL MEMBER CONTRIBUTIONS OTHERWISE REQUIRED TO
 BE  PAID BY SUCH MEMBER UNDER THE APPLICABLE PROVISIONS OF SUBDIVISION E
 OF SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE, AND SHALL BE DEEMED TO BE
 AND  TREATED AS EMPLOYER CONTRIBUTIONS PURSUANT TO SECTION 414(H) OF THE
 INTERNAL REVENUE CODE.
   (IV) FOR THE PURPOSE OF  DETERMINING  THE  RETIREMENT  SYSTEM  RIGHTS,
 BENEFITS,  AND PRIVILEGES OF ANY MEMBER WHOSE ADDITIONAL MEMBER CONTRIB-
 UTIONS ARE PICKED UP PURSUANT TO THIS PARAGRAPH, SUCH  PICKED  UP  ADDI-
 TIONAL MEMBER CONTRIBUTIONS SHALL BE DEEMED TO BE AND TREATED AS PART OF
 SUCH  MEMBER'S  ADDITIONAL  MEMBER  CONTRIBUTIONS  UNDER  THE APPLICABLE
 PROVISIONS OF SUBDIVISION E OF SECTION SIX HUNDRED FOUR-J OF THIS  ARTI-
 CLE.
   (V) WITH THE EXCEPTION OF FEDERAL INCOME TAX TREATMENT, THE ADDITIONAL
 MEMBER  CONTRIBUTIONS  PICKED  UP  PURSUANT  TO SUBPARAGRAPH (I) OF THIS
 PARAGRAPH SHALL FOR ALL OTHER PURPOSES, INCLUDING COMPUTATION OF RETIRE-
 MENT BENEFITS AND CONTRIBUTIONS BY EMPLOYERS AND  EMPLOYEES,  BE  DEEMED
 EMPLOYEE   SALARY.  NOTHING  CONTAINED  IN  THIS  SUBDIVISION  SHALL  BE
 CONSTRUED AS SUPERSEDING THE PROVISIONS OF SECTION FOUR HUNDRED  THIRTY-
 ONE  OF  THIS  CHAPTER, OR ANY SIMILAR PROVISION OF LAW WHICH LIMITS THE
 SALARY BASE FOR  COMPUTING  RETIREMENT  BENEFITS  PAYABLE  BY  A  PUBLIC
 RETIREMENT SYSTEM.
   § 3. Subdivision a of section 603 of the retirement and social securi-
 ty law, as amended by chapter 18 of the laws of 2012, is amended to read
 as follows:
   a.  The  service  retirement  benefit specified in section six hundred
 four of this article shall be payable to members who have met the  mini-
 mum  service  requirements  upon retirement and attainment of age sixty-
 two, other than members who are eligible for  early  service  retirement
 pursuant to subdivision c of section six hundred four-b of this article,
 subdivision c of section six hundred four-c of this article, subdivision
 d  of  section  six  hundred  four-d  of  this article, subdivision c of
 section six hundred four-e of this article, subdivision c of section six
 hundred four-f of this article, subdivision c  of  section  six  hundred
 four-g  of  this article, subdivision c of section six hundred four-h of
 this article [or] subdivision c of section six hundred  four-i  of  this
 article, OR SUBDIVISION C OF SECTION SIX HUNDRED FOUR-J OF THIS ARTICLE,
 provided,  however, a member of a teachers' retirement system or the New
 York state and local employees' retirement system who first  joins  such
 system  before  January  first,  two  thousand  ten or a member who is a
 uniformed court officer or peace officer employed by the  unified  court
 system  who  first  becomes  a  member  of  the New York state and local
 employees' retirement system before April first, two thousand twelve may
 retire without reduction of [his or her] THEIR retirement  benefit  upon
 attainment  of at least fifty-five years of age and completion of thirty
 or more years of service, provided,  however,  that  a  uniformed  court
 officer  or peace officer employed by the unified court system who first
 becomes a member of the New York state and local  employees'  retirement
 system  on  or after January first, two thousand ten and retires without
 reduction of [his or her] THEIR retirement benefit upon attainment of at
 least fifty-five years of age and completion of thirty or more years  of
 service  pursuant  to  this section shall be required to make the member
 contributions required by subdivision f of section six hundred  thirteen
 of  this  article  for  all  years  of  credited and creditable service,
 provided further that the [the] preceding provisions of this subdivision
 shall not apply to a New York city revised plan member.
 S. 8305--C                         77                         A. 8805--C
 
   § 4. Nothing contained in sections two and three of this act shall  be
 construed  to  create  any  contractual right with respect to members to
 whom such sections apply.  The provisions of such sections are  intended
 to  afford  members  the advantages of certain benefits contained in the
 internal  revenue  code,  and  the  effectiveness  and existence of such
 sections and benefits they confer are completely contingent thereon.
   § 5. This act shall take effect immediately, provided, however that:
   (a) The provisions of sections two and three of this act shall  remain
 in  full  force  and  effect  only  so long as, pursuant to federal law,
 contributions picked up under such sections are not includable as  gross
 income  of a member for federal income tax purposes until distributed or
 made available to the member; provided that the New York city employees'
 retirement system shall notify the legislative bill drafting  commission
 upon the occurrence of such a change in federal law ruling affecting the
 provisions  of  this  act  in  order that the commission may maintain an
 accurate and timely effective data base of the official text of the laws
 of the state of New York in furtherance of effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law;
   (b) The amendments to subdivision a of section 603 of  the  retirement
 and  social  security  law  made  by section three of this act shall not
 affect the expiration of such subdivision and shall be deemed to  expire
 therewith.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY:  This proposed legislation would establish 25-Year Retirement
 Programs for Fire Protection Inspectors (FPI 25-Year Plans) for  Tier  4
 and Tier 6 members of NYCERS.
           EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
          by Fiscal Year for the first 25 years ($ in Thousands)
                                Year  NYCERS
                                2025  321.8
                                2026  309.8
                                2027  299.1
                                2028  290.0
                                2029  281.4
                                2030  273.4
                                2031  264.3
                                2032  256.8
                                2033  250.5
                                2034  241.9
                                2035  232.1
                                2036  223.9
                                2037   24.9
                                2038   17.1
                                2039    9.4
                                2040    3.3
                                2041  (0.9)
                                2042  (4.7)
                                2043  (7.8)
                                2044  (9.9)
                                2045 (11.1)
                                2046 (11.6)
                                2047 (11.5)
                                2048 (11.5)
                                2049 (11.8)
 S. 8305--C                         78                         A. 8805--C
 
    Employer Contribution impact beyond Fiscal Year 2049 is not shown.
  Projected contributions include future new hires that may be impacted.
 
 The  entire  increase (decrease) in employer contributions will be allo-
 cated to New York City.
 
           INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                    as of June 30, 2023 ($ in Millions)
 
               Present Value (PV)                     NYCERS
               PV of Benefits:                        3.3
               PV of Employee Contributions:          1.9
               PV of Employer Contributions:          1.4
               Unfunded Accrued Liabilities:          1.5
 
                AMORTIZATION OF UNFUNDED ACCRUED LIABILITY

                                                      NYCERS
               Number of Payments:                    12
               Fiscal Year of Last Payment:           2036
               Amortization Payment:                  192 K
 
   Unfunded Accrued Liability increases were amortized over the  expected
 remaining  working  lifetime  of  those  impacted by the benefit changes
 using level dollar payments.
   CENSUS DATA: The estimates presented herein are based  on  preliminary
 census  data collected as of June 30, 2023. The census data for the fire
 protection inspectors assumed to elect an FPI 25-Year Plan is summarized
 below.
 
                                                      NYCERS
               Active Members
               - Number Count:                        82
               - Average Age:                         41.6
               - Average Service:                     13.6
               - Average Salary:                      88,200
 
   IMPACT ON MEMBER BENEFITS AND CONTRIBUTIONS: The proposed  legislation
 would  provide  fire  protection inspectors a service retirement benefit
 under the FPI 25-Year Plans equal to 50% of Final Average  Salary  (FAS)
 for  the  first  25  years of Allowable Service, plus 2% of FAS for each
 additional year of Allowable Service exceeding 25 years up to a  maximum
 of 30 years. The FAS is based on a three-year average for Tier 4 members
 and a five-year average for Tier 6 members. The vested benefit under the
 FPI 25-Year Plans would be 2% of FAS for each year of Allowable Service.
   Members of the FPI 25-Year Plans would be required to pay Basic Member
 Contributions (BMC), which vary by tier, plus Additional Member Contrib-
 utions  (AMC)  equal  to 6.25% of compensation for all service as a Plan
 participant on and after the starting date of the Plan until  the  later
 of  the  one-year  anniversary  of the effective date of the Plans or 30
 years of Allowable Service. In no event shall BMC plus AMC exceed  9.25%
 of compensation.
   ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
 calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
 of the impacted retirement systems. In addition:
 S. 8305--C                         79                         A. 8805--C
 
   *  The  rates  of  retirement  for the FPI 25-Year Plans were assigned
 based on members' eligibility to elect or opt out of the plan.  The  FPI
 25-year  plan  will  be optional for current fire protection inspectors.
 Future members will be mandated into the FPI 25-year  plan  unless  they
 are over age 25 when hired as a fire protection inspector.
   *  New  entrants were assumed to replace exiting members so that total
 payroll for fire protection inspectors increases by 3%  each  year.  New
 entrant  demographics  were developed based on data for recent new hires
 and actuarial judgement. Future members, who are not over  age  25  when
 hired  as  a  fire  protection inspector, would be mandated into the FPI
 25-year plan.
   To determine the impact of the elective nature of the proposed  legis-
 lation,  a  subgroup  of NYCERS Fire Protection Inspectors was developed
 based on who is assumed to benefit  actuarially  by  comparing  the  net
 present  value  of  future employer costs of each member's benefit under
 their current plan and under the applicable FPI 25-Year Plan.
   RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
 highly  on  the  actuarial  assumptions, methods, and models used, demo-
 graphics of the impacted population, and other factors such  as  invest-
 ment,  contribution, and other risks. If actual experience deviates from
 actuarial  assumptions,  the  actual  costs  could  differ  from   those
 presented  herein.  Quantifying  these risks is beyond the scope of this
 Fiscal Note.
   This Fiscal Note is intended to measure  pension-related  impacts  and
 does  not  include other potential costs (e.g., administrative and Other
 Postemployment Benefits).
   STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
 sky are members of the Society of Actuaries and the American Academy  of
 Actuaries.  We  are  members of NYCERS but do not believe it impairs our
 objectivity and we meet the  Qualification  Standards  of  the  American
 Academy  of  Actuaries to render the actuarial opinion contained herein.
 To the best of our 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 2024-37 dated March 25,
 2024 was prepared by the Chief Actuary for the New York City  Retirement
 Systems and Pension Funds. This estimate is intended for use only during
 the 2024 Legislative Session.
 
                                  PART FF
 
   Section  1.  Subdivisions  9, 10 and 11 of section 155.30 of the penal
 law, subdivision 9 as amended by chapter 479 of the laws of 2010, subdi-
 vision 10 as added by chapter 491 of the laws of 1992 and subdivision 11
 as added by chapter 394 of the laws of  2005,  are  amended  and  a  new
 subdivision 12 is added to read as follows:
   9. The property consists of a scroll, religious vestment, a vessel, an
 item  comprising  a display of religious symbols which forms a represen-
 tative expression of faith, or  other  miscellaneous  item  of  property
 which:
   (a) has a value of at least one hundred dollars; and
   (b)  is  kept  for or used in connection with religious worship in any
 building, structure or upon the curtilage of such building or  structure
 used  as  a  place  of  religious worship by a religious corporation, as
 S. 8305--C                         80                         A. 8805--C
 
 incorporated under the  religious  corporations  law  or  the  education
 law[.]; OR
   10. The property consists of an access device which the person intends
 to use unlawfully to obtain telephone service[.]; OR
   11.  The  property  consists of anhydrous ammonia or liquified ammonia
 gas and the actor intends to use, or knows  another  person  intends  to
 use,  such  anhydrous  ammonia  or  liquified ammonia gas to manufacture
 methamphetamine[.]; OR
   12. THE PROPERTY CONSISTS OF RETAIL GOODS OR MERCHANDISE STOLEN PURSU-
 ANT TO A COMMON SCHEME OR PLAN OR A SINGLE, ONGOING  INTENT  TO  DEPRIVE
 ANOTHER  OR OTHERS OF THE PROPERTY OR TO APPROPRIATE THE PROPERTY TO THE
 ACTOR OR ANOTHER PERSON AND THE VALUE OF THE PROPERTY EXCEEDS ONE  THOU-
 SAND  DOLLARS,  WHICH  VALUE MAY BE DETERMINED BY THE AGGREGATE VALUE OF
 ALL SUCH PROPERTY REGARDLESS OF WHETHER THE GOODS  OR  MERCHANDISE  WERE
 STOLEN FROM THE SAME OWNER. NOTHING IN THIS SUBDIVISION SHALL BE READ TO
 LIMIT  THE ABILITY TO AGGREGATE THE VALUE OF ANY PROPERTY OR THE ABILITY
 TO CHARGE THE LARCENY OF  RETAIL  GOODS  OR  MERCHANDISE  UNDER  ANOTHER
 APPLICABLE PROVISION OF LAW.
   §  2.  Subdivision 2 of section 155.35 of the penal law, as amended by
 chapter 464 of the laws of 2010, is amended and a new subdivision  3  is
 added to read as follows:
   2.  the  property is an automated teller machine or the contents of an
 automated teller machine[.], OR
   3. THE PROPERTY CONSISTS OF RETAIL GOODS OR MERCHANDISE STOLEN  PURSU-
 ANT  TO  A  COMMON SCHEME OR PLAN OR A SINGLE, ONGOING INTENT TO DEPRIVE
 ANOTHER OR OTHERS OF THE PROPERTY OR TO APPROPRIATE THE PROPERTY TO  THE
 ACTOR  OR  ANOTHER  PERSON  AND  THE VALUE OF THE PROPERTY EXCEEDS THREE
 THOUSAND DOLLARS, WHICH VALUE MAY BE DETERMINED BY THE  AGGREGATE  VALUE
 OF ALL SUCH PROPERTY REGARDLESS OF WHETHER THE GOODS OR MERCHANDISE WERE
 STOLEN FROM THE SAME OWNER. NOTHING IN THIS SUBDIVISION SHALL BE READ TO
 LIMIT  THE ABILITY TO AGGREGATE THE VALUE OF ANY PROPERTY OR THE ABILITY
 TO CHARGE THE LARCENY OF  RETAIL  GOODS  OR  MERCHANDISE  UNDER  ANOTHER
 APPLICABLE PROVISION OF LAW.
   §  3.  Subdivision 2 of section 155.40 of the penal law, as amended by
 chapter 515 of the laws of 1986, is amended and a new subdivision  3  is
 added to read as follows:
   2.  The  property,  regardless of its nature and value, is obtained by
 extortion committed by instilling in the victim a fear that the actor or
 another person will (a) cause physical injury  to  some  person  in  the
 future,  or  (b) cause damage to property, or (c) use or abuse his posi-
 tion as a public servant by engaging in conduct within or related to his
 official duties, or by failing or refusing to perform an official  duty,
 in such manner as to affect some person adversely[.]; OR
   3.  THE PROPERTY CONSISTS OF RETAIL GOODS OR MERCHANDISE STOLEN PURSU-
 ANT TO A COMMON SCHEME OR PLAN OR A SINGLE, ONGOING  INTENT  TO  DEPRIVE
 ANOTHER  OR OTHERS OF THE PROPERTY OR TO APPROPRIATE THE PROPERTY TO THE
 ACTOR OR ANOTHER PERSON AND THE VALUE  OF  THE  PROPERTY  EXCEEDS  FIFTY
 THOUSAND  DOLLARS,  WHICH VALUE MAY BE DETERMINED BY THE AGGREGATE VALUE
 OF ALL SUCH PROPERTY REGARDLESS OF WHETHER THE GOODS OR MERCHANDISE WERE
 STOLEN FROM THE SAME OWNER. NOTHING IN THIS SUBDIVISION SHALL BE READ TO
 LIMIT THE ABILITY TO AGGREGATE THE VALUE OF ANY PROPERTY OR THE  ABILITY
 TO  CHARGE  THE  LARCENY  OF  RETAIL  GOODS OR MERCHANDISE UNDER ANOTHER
 APPLICABLE PROVISION OF LAW.
   § 4. Section 155.42 of the penal law, as added by chapter 515  of  the
 laws of 1986, is amended to read as follows:
 § 155.42 Grand larceny in the first degree.
 S. 8305--C                         81                         A. 8805--C
 
   A person is guilty of grand larceny in the first degree when [he] SUCH
 PERSON steals property and when [the]:
   1. THE value of the property exceeds one million dollars[.]; OR
   2.  THE PROPERTY CONSISTS OF RETAIL GOODS OR MERCHANDISE STOLEN PURSU-
 ANT TO A COMMON SCHEME OR PLAN OR A SINGLE, ONGOING  INTENT  TO  DEPRIVE
 ANOTHER  OR OTHERS OF THE PROPERTY OR TO APPROPRIATE THE PROPERTY TO THE
 ACTOR OR ANOTHER PERSON AND  THE  VALUE  OF  THE  PROPERTY  EXCEEDS  ONE
 MILLION DOLLARS, WHICH VALUE MAY BE DETERMINED BY THE AGGREGATE VALUE OF
 ALL  SUCH  PROPERTY  REGARDLESS OF WHETHER THE GOODS OR MERCHANDISE WERE
 STOLEN FROM THE SAME OWNER. NOTHING IN THIS SUBDIVISION SHALL BE READ TO
 LIMIT THE ABILITY TO AGGREGATE THE VALUE OF ANY PROPERTY OR THE  ABILITY
 TO  CHARGE  THE  LARCENY  OF  RETAIL  GOODS OR MERCHANDISE UNDER ANOTHER
 APPLICABLE PROVISION OF LAW.
   Grand larceny in the first degree is a class B felony.
   § 5. Subparagraph (iv) of paragraph (b) of subdivision  1  of  section
 70.10  of the penal law, as added by chapter 264 of the laws of 2003, is
 amended to read as follows:
   (iv) that such conviction was for a felony offense other than persist-
 ent sexual abuse, as defined in section 130.53 of this chapter[.]; GRAND
 LARCENY IN THE FOURTH DEGREE AS DEFINED IN SUBDIVISION TWELVE OF SECTION
 155.30 OF THIS CHAPTER; GRAND LARCENY IN THE THIRD DEGREE AS DEFINED  IN
 SUBDIVISION  THREE  OF  SECTION 155.35 OF THIS CHAPTER; GRAND LARCENY IN
 THE SECOND DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION  155.40  OF
 THIS  CHAPTER; OR GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SUBDI-
 VISION TWO OF SECTION 155.42 OF THIS CHAPTER.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.
 
                                  PART GG
 
   Section  1.  Section  3  of  part HH of chapter 56 of the laws of 2022
 amending the retirement and social  security  law  relating  to  waiving
 approval and income limitations on retirees employed in school districts
 and  board  of cooperative educational services, as amended by section 1
 of part V of chapter 55 of the laws of  2023,  is  amended  to  read  as
 follows:
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed June 30, [2024] 2025.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow retirees employed by a  New  York  State  school
 district  or by the board of cooperative educational services (BOCES) to
 collect a salary without suspension or diminution of their pension bene-
 fit through June 30, 2025.
   Insofar as this bill affects the New York State and  Local  Employees'
 Retirement  System  (NYSLERS), if this bill were enacted during the 2024
 Legislative Session, the direct cost incurred  would  be  the  retiree's
 pension  benefit  paid  while post-retirement earnings are above $35,000
 each calendar year. The pension benefit  expected  to  be  paid  by  the
 NYSLERS  during  that  6-month  period  is  estimated  to be $22,000 per
 person.
 S. 8305--C                         82                         A. 8805--C
 
   In addition to the direct cost quoted above, there would be additional
 costs in the form of lost employer  contributions  due  to  non-billable
 post-retirement earnings, which is estimated to be $5,500 per person.
   The  number  of  members  and  retirees  who could be affected by this
 legislation cannot be readily determined. For each retiree hired  pursu-
 ant to this proposal, an annual cost of $27,500 is expected.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 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, 2023
 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 March 27, 2024, and intended for use only  during
 the  2024  Legislative  Session,  is  Fiscal  Note No. 2024-140 Revised,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  amend  Part HH of Chapter 56 of the Laws of 2022 to
 extend the waiver of the earnings-after-retirement limit  for  one  more
 year  to  June  30,  2025  for retired members who return to work with a
 school district or a board of cooperative educational services  (BOCES).
 The  current  expiration  date  is  June 30, 2024 for the waiver of this
 limit.   This act shall take effect  immediately  and  shall  be  deemed
 repealed on June 30, 2025.
   It  is  estimated  that there will be no additional annual cost to the
 employers of members of the New York State Teachers'  Retirement  System
 if  this  bill is enacted. There could be additional annual costs in the
 future if this waiver is continually extended such that  it  becomes  an
 expectation,  as  this  could lead to some members retiring earlier than
 they otherwise would have. Earlier retirement generally  increases  plan
 costs  since members will be receiving their benefits for a longer peri-
 od.
   Member data is from the System's most recent actuarial valuation files
 as of June 30, 2023, consisting of data provided by the employers to the
 Retirement System. The most recent data distributions and statistics can
 be found in the System's Annual Report for fiscal year  ended  June  30,
 2023. System assets are as reported in the System's financial statements
 and  can  also be found in the System's Annual Report. Actuarial assump-
 tions and methods are  provided  in  the  System's  Actuarial  Valuation
 Report as of June 30, 2023.
   The  source  of  this  estimate is Fiscal Note 2024-29 dated March 21,
 2024 prepared by the Office of the Actuary of the New York State  Teach-
 ers'  Retirement  System  and  is  intended for use only during the 2024
 Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the
 S. 8305--C                         83                         A. 8805--C
 
 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.
 
                                  PART HH
 
   Section 1. Subdivision 3 of section 363-a of the retirement and social
 security  law, as amended by chapter 437 of the laws of 2016, is amended
 to read as follows:
   3. As used in this section, the terms "firefighter" and "police  offi-
 cer"  mean  any  member who is performing police or fire service, as the
 phrase police or fire service is defined in paragraphs a, b, c, d, f (as
 added by chapter six hundred seventy-four of the laws of nineteen eight-
 y-six), f (as added by chapter six hundred seventy-seven of the laws  of
 nineteen  eighty-six),  g,  h,  I and j of subdivision eleven of section
 three hundred two of this article, and who, prior to entry into  service
 as a firefighter or police officer, successfully passed a physical exam-
 ination  which  failed  to  disclose  evidence  of  any disease or other
 impairment of the heart.
   § 2. The amendments to section 363-a  of  the  retirement  and  social
 security  law  made by section one of this act shall not affect, impair,
 or invalidate any  temporary  right,  privilege,  or  benefit  conferred
 pursuant  to  the  provisions  of a general, special or local law (other
 than pursuant to articles 14 and 15 of the retirement and social securi-
 ty law) for any member of a public retirement  system  or  pension  plan
 funded  by the state or one of its political subdivisions, nor shall any
 amendments thereto affect the application of such provisions as extended
 by the provisions of section 480 of the retirement and  social  security
 law.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
   This  bill  is  a  technical  correction to Chapter 561 of the Laws of
 2015.   It would add a  "heart  bill"  performance  of  duty  disability
 provision  for  police  officers of the State University of New York who
 are members of the New York State and Local Police and  Fire  Retirement
 System (NYSLPFRS).
   If this legislation is enacted during the 2024 Legislative Session, it
 would  lead  to more disabilities being classified as "in performance of
 duty".
   However, we anticipate that few additional performance of  duty  disa-
 bility  retirements  will  be granted, and thus, the resulting costs are
 expected to be negligible.
   These estimated costs are based on 557 affected  members  employed  by
 the State of New York, with annual salary of approximately $53.8 million
 as of March 31, 2023.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
 Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
 Control.
 S. 8305--C                         84                         A. 8805--C
 
   The Market Assets and GASB Disclosures are found in the March 31, 2023
 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 March 5, 2024, and intended for use only during
 the 2024 Legislative Session, is Fiscal Note No.  2024-91,  prepared  by
 the Actuary for the New York State and Local Retirement System.
 
                                  PART II
 
   Section 1. Legislative findings and declaration. The legislature here-
 by  finds  and  declares  that  an adjustment to pensionable earnings of
 first grade police officers is necessary to enhance  public  safety  and
 prevent the loss of vital public services in this state. The legislature
 hereby  finds and declares that such adjustment is necessary to address,
 inter alia,  the  historic  police  officer  recruitment  and  retention
 crisis, the increase in police overtime, and the rise in crime impacting
 New  Yorkers.  Therefore, the legislature declares the necessity for the
 enactment of this act to  enhance  public  safety  and  protect  against
 disruption of vital public services in this state.
   § 2. Section 14-111 of the administrative code of the city of New York
 is amended by adding two new subdivisions c and d to read as follows:
   C.    WHEN  A  FIRST  GRADE POLICE OFFICER OF THE NEW YORK CITY POLICE
 DEPARTMENT SHALL HAVE SERVED IN THE RANK OF POLICE OFFICER FOR A  PERIOD
 OF TWENTY-FIVE YEARS, SUCH OFFICER SHALL HAVE THE SAME RIGHTS IN RESPECT
 TO THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM OR THE
 NEW  YORK CITY POLICE PENSION FUND AS A POLICE OFFICER DESIGNATED TO ACT
 AS DETECTIVE OF THE THIRD GRADE WHO SHALL HAVE  SERVED  AS  SUCH  FOR  A
 PERIOD  OF  TIME  AGGREGATING TWO YEARS AT THE HIGHEST SALARY RATE FOR A
 DETECTIVE OF THE THIRD GRADE.
   D. WHEN A FIRST GRADE POLICE OFFICER  OF  THE  NEW  YORK  CITY  POLICE
 DEPARTMENT  SHALL HAVE SERVED IN THE RANK OF POLICE OFFICER FOR A PERIOD
 OF THIRTY YEARS, SUCH OFFICER SHALL HAVE THE SAME RIGHTS IN  RESPECT  TO
 THE  NEW  YORK  STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM OR THE
 NEW YORK CITY POLICE PENSION FUND AS A SERGEANT WHO SHALL HAVE SERVED AS
 SUCH FOR A PERIOD OF TIME AGGREGATING TWO YEARS AT  THE  HIGHEST  SALARY
 RATE FOR A SERGEANT.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY: This proposed legislation, as it relates to the New York City
 Police  Pension Fund (POLICE), would increase the salary used for deter-
 mining pension benefits for first grade NYPD officers who have served in
 such rank for 25 or 30 years, to salaries equivalent  to  detective  3rd
 grade or sergeant, respectively.
 
          EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
           by Fiscal Year for the first 25 years ($ in Millions)
 
                      Year      POLICE
 
                      2025      0.0
                      2026      1.0
 S. 8305--C                         85                         A. 8805--C
 
                      2027      2.0
                      2028      3.0
                      2029      4.0
                      2030      5.1
                      2031      6.2
                      2032      7.4
                      2033      8.6
                      2034      9.7
                      2035      10.9
                      2036      12.0
                      2037      13.1
                      2038      14.1
                      2039      15.1
                      2040      14.9
                      2041      14.7
                      2042      14.4
                      2043      14.0
                      2044      13.5
                      2045      13.1
                      2046      12.6
                      2047      12.1
                      2048      11.6
                      2049      11.1
 
   Projected  contributions are based on historical experience for Tier 2
 members. Future retirement patterns may differ due to a  larger  Tier  3
 population  (e.g.,  Tier 2 is expected to retire at 20 years of service,
 and Tier 3 is expected to retire at 25 years of service).
   The entire increase in employer contributions will be allocated to New
 York City.
            EXPECTED INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
   The enactment of this proposed legislation is expected to increase the
 Present Value of Future Benefits (PVFB) by approximately $8.2 million in
 the first year and every year thereafter. Each year's PVFB increase will
 depend on the actual experience  of  benefiting  retirees  and  will  be
 recognized in the year benefits are first payable.
                 AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 
       Recognized as Ongoing Gain/Loss         POLICE
 
       Number of Payments:                     14
       Fiscal Year of Last Payment:            N/A
       First-year Amortization Payment:        $ 1.0 M
 
   CENSUS  DATA:  The estimates presented herein are based on preliminary
 census data collected as of June 30, 2023. The census  data  for  POLICE
 active members is summarized below.
 
                                          POLICE
            Active Members
            - Number Count:               33,800
            - Average Age:                37.6
            - Average Service:            11.3
            - Average Salary:             128,600
 S. 8305--C                         86                         A. 8805--C
 
   The salaries used in this analysis were provided by the Police Benevo-
 lent Association of the City of New York and reflect the latest contract
 negotiations. Below is a summary of the salary data provided:
   * Police Officer 1st Grade - $105,146
   * Detective 3rd Grade - $111,999
   * Sergeant - $125,852
   Data  from  prior actuarial valuations was used to estimate the number
 of retirees who could potentially benefit from this proposed legislation
 and is summarized below.
   * Police Officer 1st Grade who retired with 25-29 years in rank -  930
 retired over the past 10 years.
   *  Police  Officer  1st Grade who retired with 30+ years in rank - 218
 retired over the past 10 years.
   IMPACT ON MEMBER BENEFITS: The proposed legislation would permit first
 grade police officers, who have met  certain  service  requirements,  to
 have their pension calculations based on a higher assumed salary.
   For  example,  under this proposed legislation a Tier 2 Police Officer
 1st Grade who holds such position for at least 25, or  30,  years  would
 receive  an  increase  in  their annual pension benefit of approximately
 $4,300 or $12,200 per year, respectively,  due  to  the  higher  assumed
 pensionable salary.
   Based  on an estimate of the number of POLICE members who are expected
 to be impacted by the increased pensionable salary, it is estimated that
 if this proposed legislation is enacted, the annual increase  in  POLICE
 pension  benefits  paid  will be approximately $0.7 million in the first
 year and increase in every year thereafter.
   With respect to an individual member, the impact on  benefits  due  to
 this  proposed  legislation could vary greatly depending on the member's
 age, years of service, retirement cause, and Tier.
   ASSUMPTIONS AND METHODS: The  estimates  presented  herein  have  been
 calculated based on the actuarial assumptions and methods to be used for
 the  Preliminary Fiscal Year 2025 employer contributions of the impacted
 retirement systems. In addition:
   * New entrants were assumed to replace exiting members so  that  total
 payroll increases by 3% each year for impacted groups. New entrant demo-
 graphics were developed based on data for recent new hires and actuarial
 judgement.
   * Future contribution impacts have been developed assuming a homogene-
 ous population and consistent retirement pattern.
   RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
 highly on the actuarial assumptions, methods,  and  models  used,  demo-
 graphics  of  the  impacted population and other factors such as invest-
 ment, contribution, and other risks. If actual experience deviates  from
 actuarial   assumptions,  the  actual  costs  could  differ  from  those
 presented herein. Quantifying these risks is beyond the  scope  of  this
 Fiscal Note.
   This  Fiscal  Note  is intended to measure pension-related impacts and
 does not include other potential costs (e.g., administrative  and  Other
 Postemployment Benefits).
   STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
 sky  are members of the Society of Actuaries and the American Academy of
 Actuaries. We are members of NYCERS but do not believe  it  impairs  our
 objectivity  and  we  meet  the  Qualification Standards of the American
 Academy of Actuaries to render the actuarial opinion  contained  herein.
 To  the  best  of  our knowledge, the results contained herein have been
 prepared in accordance with generally accepted actuarial principles  and
 S. 8305--C                         87                         A. 8805--C
 
 procedures  and  with  the Actuarial Standards of Practice issued by the
 Actuarial Standards Board.
   FISCAL NOTE IDENTIFICATION: This Fiscal Note 2024-02 dated January 16,
 2024  was prepared by the Chief Actuary for the New York City Retirement
 Systems and Pension Funds. This estimate is intended for use only during
 the 2024 Legislative Session.
 
                                  PART JJ
 
   Section 1. Section 343 of the retirement and social  security  law  is
 amended by adding a new subdivision i to read as follows:
   I. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
 RY,  FOR  ANY POLICE OFFICER EMPLOYED BY THE DIVISION OF LAW ENFORCEMENT
 IN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE CITY  OF  NEW  YORK
 TRANSFERRING  FROM THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM TO THE
 NEW YORK STATE AND LOCAL POLICE AND FIRE  RETIREMENT  SYSTEM  AFTER  THE
 EFFECTIVE  DATE  OF  THIS  SUBDIVISION  AND  ANY POLICE OFFICER FORMERLY
 EMPLOYED BY THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT  OF  ENVI-
 RONMENTAL  PROTECTION IN THE CITY OF NEW YORK HAVING MADE SUCH TRANSFER,
 SUCH POLICE OFFICER'S DIVISION OF LAW ENFORCEMENT IN THE  DEPARTMENT  OF
 ENVIRONMENTAL PROTECTION IN THE CITY OF NEW YORK SERVICE CREDIT SHALL BE
 DEEMED CREDITABLE SERVICE, IN SUCH POLICE OFFICER'S TWENTY YEAR OR TWEN-
 TY-FIVE  YEAR  RETIREMENT PLAN, IF SUCH POLICE OFFICER HAS SERVED FOR AT
 LEAST TWO YEARS IN SUCH EMPLOYMENT AND IF, WITHIN ONE YEAR OF  THE  DATE
 ON WHICH HE OR SHE FIRST BECAME A MEMBER OF THE NEW YORK STATE AND LOCAL
 POLICE  AND  FIRE  RETIREMENT SYSTEM OR WITHIN ONE YEAR OF THE EFFECTIVE
 DATE OF THIS SUBDIVISION, SUCH MEMBER ELECTS TO DO SO.
   2. THE AMOUNT OF SUCH SERVICE CREDITED TO THE MEMBER IN THE  NEW  YORK
 STATE  AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM PLAN SHALL NOT EXCEED
 THE AMOUNT OF SERVICE CREDITED TO  THE  MEMBER  IN  THE  NEW  YORK  CITY
 EMPLOYEES' RETIREMENT SYSTEM PLAN.
   3.  IF THE MEMBER SUBSEQUENTLY RETIRES ON AN AGE-BASED RETIREMENT PLAN
 IN THE NEW YORK STATE  AND  LOCAL  POLICE  AND  FIRE  RETIREMENT  SYSTEM
 INSTEAD  OF  A  TWENTY YEAR OR TWENTY-FIVE YEAR PLAN, THE FULL AMOUNT OF
 SERVICE CREDIT EARNED, AS A POLICE OFFICER EMPLOYED BY THE  DIVISION  OF
 LAW  ENFORCEMENT  IN  THE  DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE
 CITY OF NEW YORK SHALL BE GRANTED.
   4. IN NO EVENT SHALL THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT
 OF ENVIRONMENTAL PROTECTION IN THE CITY OF NEW YORK SERVICE CREDITED  TO
 A  MEMBER  OF  THE  NEW  YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
 SYSTEM PURSUANT TO THIS SUBDIVISION EXCEED A TOTAL OF TEN YEARS.
   5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW IN THIS SECTION  TO  THE
 CONTRARY,  THE  RESERVE  ON  SUCH MEMBER'S BENEFITS SHALL BE TRANSFERRED
 FROM THE NEW YORK CITY EMPLOYEES' RETIREMENT  SYSTEM  TO  THE  NEW  YORK
 STATE  AND  LOCAL  POLICE  AND FIRE RETIREMENT SYSTEM IN ACCORDANCE WITH
 SUBDIVISIONS C AND D OF THIS SECTION.
   6. NO MEMBER WHO RECEIVES SERVICE CREDIT PURSUANT TO THIS  SUBDIVISION
 SHALL  BE  ELIGIBLE  TO  RECEIVE  ADDITIONAL  SERVICE CREDIT PURSUANT TO
 SUBDIVISION B OF SECTION THREE HUNDRED EIGHTY-FOUR-E OF THIS ARTICLE  IF
 HIS OR HER EMPLOYER HAS ELECTED TO PROVIDE SUCH SERVICE CREDIT.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would expand the  definition  of  service  creditable  under
 20-year  and  25-year  plans  in the New York State and Local Police and
 Fire Retirement System (NYSLPFRS) to include service transferred by  any
 S. 8305--C                         88                         A. 8805--C
 
 police  officer  employed  or  formerly  employed by the Division of Law
 Enforcement in the Department of Environmental Protection in the City of
 New York, provided that such police officer has at least  two  years  of
 such  employment.  The  member  must  elect to obtain the service credit
 within one year of the date on which they first became a member  of  the
 NYSLPFRS or within one year of the effective date of this bill, whichev-
 er  occurs  later. The amount of service credit received in the NYSLPFRS
 shall not exceed the minimum of the amount of service  credited  to  the
 member  in  the New York City Employees' Retirement System (NYCERS) plan
 or 10 years.
   If this bill is enacted during the 2024  Legislative  Session,  it  is
 estimated  that  the past service cost will average approximately 25% of
 an affected member's salary for each year of additional service that  is
 credited  on  a 20-year or 25-year plan. This cost will be offset by any
 reserves transferred from the NYCERS. The remaining cost will be  shared
 by  the  State  of  New  York  and  the  participating  employers in the
 NYSLPFRS.
   The exact number of current members as  well  as  future  members  who
 could be affected by this legislation cannot be readily determined.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 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, 2023
 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 February 2,  2024,  and  intended  for  use  only
 during  the  2024  Legislative  Session,  is  Fiscal  Note No. 2024-108,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY:  This  proposed  legislation  would  allow  current or former
 NYCERS members employed as New York  City  Department  of  Environmental
 Protection  (DEP) police officers who transfer or transferred to the New
 York State and Local Police and Fire Retirement System (PFRS) to receive
 up to 10 years of service credit in the 20 or 25-year State Plans.
 
       ILLUSTRATION - INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
          by Fiscal Year for the first 25 years ($ in Thousands)
                   Year   One Transfer   One Transfer
                                           Per Year
                   2025        5.3           5.3
                   2026        5.3          10.6
                   2027        5.3          16.0
                   2028        5.3          21.5
 S. 8305--C                         89                         A. 8805--C
 
                   2029        5.3          27.0
                   2030        5.3          32.6
                   2031        5.3          38.2
                   2032        5.3          43.9
                   2033        5.3          49.7
                   2034        5.3          55.5
                   2035        5.3          61.4
                   2036        5.3          67.3
                   2037        5.3          73.2
                   2038        5.3          79.2
                   2039          0          80.0
                   2040          0          80.7
                   2041          0          81.4
                   2042          0          82.1
                   2043          0          82.8
                   2044          0          83.4
                   2045          0          84.0
                   2046          0          84.5
                   2047          0          85.0
                   2048          0          85.5
                   2049          0          85.9
   Employer Contribution impact beyond Fiscal Year 2049 is not shown.

   The potential increases in employer contributions will be allocated to
 New York City.
 
           EXPECTED INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                   as of June 30, 2023 ($ in Thousands)
 
                 Present Value (PV)           Per Transfer
                 PV of Benefits:                      44.6
                 PV of Employee Contributions:        0.0
                 PV of Employer Contributions:        44.6
                 Unfunded Accrued Liabilities:        44.6
 
                AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 
            Recognized as Ongoing Gain/Loss    Per Transfer
            Number of Payments:                        14
            Amortization Payment:                     5.3 K
 
   CENSUS DATA: The number of members who have transferred or will trans-
 fer  to  PFRS  is  unknown.  The estimates presented herein are based on
 preliminary census data collected as of June 30, 2023. The  census  data
 for  the  potentially  impacted  population  used to develop the average
 costs in this Fiscal Note is based on DEP police officers  currently  in
 NYCERS  who  have  between two and 15 years of service and is summarized
 below.
 
                                               NYCERS
            Active Members
            - Number Count:                    82
            - Average Age:                     35.9
            - Average Service:                 8.6
            - Average Salary:                  79,400
            Term. Vested Members
 S. 8305--C                         90                         A. 8805--C
 
            - Number Count:                    23
            - Average Age:                     39.8
            Term. Non-Vested Members
            - Number Count:                    41
            - Average Age:                     35.6
 
   BACKGROUND:  Currently, NYCERS members employed as DEP police officers
 who subsequently become employed by the State are eligible  to  transfer
 their  NYCERS  membership and receive service credit in the State plans,
 but generally do not receive service credit in the 20-year  and  25-year
 PFRS Plans.
   Under the proposed legislation, DEP police officers who served in such
 title  for a minimum of two years and then transfer their NYCERS member-
 ship to PFRS within one year of becoming a PFRS member (or one  year  of
 the  effective date, if later) would receive up to 10 years of credit in
 the 20-year and 25-year PFRS Plans for such equal DEP service.
   Currently, member accumulated contributions (with  accrued  interest),
 and  employer  paid  reserves  if  the  member  has at least 10 years of
 service, are transferred. Under the proposed legislation,  NYCERS  would
 be  required  to calculate and pay such member's pension reserve, net of
 any accumulated salary deductions otherwise transferred, to  PFRS,  even
 if the member has less than 10 years of service.
   It  should be noted that the proposed legislation does not provide for
 a reciprocal transfer of reserves should a member transfer from PFRS  to
 NYCERS with less than 10 years of service.
   ASSUMPTIONS  AND  METHODS:  The  estimates  presented herein have been
 calculated based on the Revised 2021 Actuarial Assumptions  and  Methods
 of the impacted retirement systems.
   For  purposes  of  this  Fiscal  Note,  it  has  been assumed that the
 impacted NYCERS members  would  generally  not  have  transferred  their
 membership to PFRS absent this proposed legislation. It has been further
 assumed that members with more than 15 years of service would not trans-
 fer their membership even under the proposed legislation.
   The  number of members who will benefit in the future from this fiscal
 note is unknown. The cost of this proposed legislation could vary great-
 ly depending on the number of future members who benefit and,  on  their
 plan, length of service, age, and salary history.
   RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
 highly on the actuarial assumptions, methods,  and  models  used,  demo-
 graphics  of  the impacted population, and other factors such as invest-
 ment, contribution, and other risks. If actual experience deviates  from
 actuarial   assumptions,  the  actual  costs  could  differ  from  those
 presented herein. Quantifying these risks is beyond the  scope  of  this
 Fiscal Note.
   This  Fiscal  Note  is intended to measure pension-related impacts and
 does not include other potential costs (e.g., administrative  and  Other
 Postemployment Benefits).
   STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
 sky  are members of the Society of Actuaries and the American Academy of
 Actuaries. We are members of NYCERS but do not believe  it  impairs  our
 objectivity  and  we  meet  the  Qualification Standards of the American
 Academy of Actuaries to render the actuarial opinion  contained  herein.
 To  the  best  of  our 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.
 S. 8305--C                         91                         A. 8805--C
 
   FISCAL NOTE IDENTIFICATION: This Fiscal Note 2024-29 dated  March  15,
 2024  was prepared by the Chief Actuary for the New York City Retirement
 Systems and Pension Funds. This estimate is intended for use only during
 the 2024 Legislative Session.
 
                                  PART KK
 
   Section  1.  The  second  undesignated  paragraph  of subdivision a of
 section 517 of the retirement and social security  law,  as  amended  by
 section  1  of  part SS of chapter 56 of the laws of 2022, 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,
 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] TWENTY-SIX,  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.
   § 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, as amended by section 2 of part SS of chapter  56  of  the
 laws of 2022, 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  chapter  five
 hundred  ten  of  the laws of two thousand fifteen) in which such member
 has established membership in a public retirement system of  the  state,
 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 rate at which each such member who became a member  of  the  New
 York state and local employees' retirement system, New York city employ-
 ees'  retirement  system,  New York city teachers' 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 teachers' 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 [twenty-four] TWENTY-SIX, such
 S. 8305--C                         92                         A. 8805--C
 
 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 compensation earned for
 extracurricular programs or any other pensionable earnings paid in addi-
 tion 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 chapter
 five hundred ten of the laws of two  thousand  fifteen)  in  which  such
 member  has  established  membership  in  the  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, however, 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 thousand [twenty-four] TWENTY-SIX, 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.
   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] TWENTY-SIX, 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.
   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] TWENTY-SIX, such rate shall be  deter-
 S. 8305--C                         93                         A. 8805--C
 
 mined  by reference 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 extracurric-
 ular  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 section 3 of part SS of
 chapter 56 of the laws of 2022, 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
 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] TWENTY-SIX,
 such rate shall be determined by  reference  to  employees  annual  base
 wages of such member in the second plan year (April first to March thir-
 ty-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  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. This act shall take effect immediately.
   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, 2024 to April 1, 2026.
   Insofar as this bill affects the New York State and  Local  Employees'
 Retirement  System  (NYSLERS),  if  this bill is enacted during the 2024
 Legislative Session, we anticipate that there will be an increase in the
 present value of benefits of approximately $36 million  which  would  be
 shared  by  the State of New York and all participating employers in the
 NYSLERS. The annual contribution required would  be  approximately  $1.3
 million  to  the State of New York and approximately $1.9 million to the
 local participating employers. This PERMANENT ANNUAL COST will  vary  in
 subsequent billing cycles with changes in the billing rate and salary of
 the affected members.
   Insofar  as  this bill affects the New York State and Local Police and
 Fire Retirement System (NYSLPFRS), if this bill is  enacted  during  the
 2024  Legislative  Session, we anticipate that there will be an increase
 in the present value of benefits of approximately $7 million which would
 be shared by the State of New York and all  participating  employers  in
 the  NYSLPFRS.  The  annual contribution required would be approximately
 $0.1 million to the State of New York and approximately $0.4 million  to
 the  local participating employers. This PERMANENT ANNUAL COST will vary
 S. 8305--C                         94                         A. 8805--C
 
 in subsequent billing cycles with changes in the billing rate and salary
 of the affected members.
   In  addition to the costs discussed above, implementing the provisions
 of this legislation would generate administrative costs.
   The exact number of current members who  could  be  affected  by  this
 legislation cannot be readily determined.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 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, 2023
 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 March 1, 2024, and intended for use  only  during
 the  2024 Legislative Session, is Fiscal Note No.  2024-111, prepared by
 the Actuary for the New York State and Local Retirement System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   As it relates to the New York State Teachers' Retirement System,  this
 bill  would  amend Section 613 of the Retirement and Social Security Law
 to extend the period  during  which  the  calculation  of  the  employee
 contribution  rate  for  Tier 6 members is 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 addi-
 tion to the annual base wages. This provision would be extended for  two
 additional  fiscal  years, those ending June 30, 2025 and June 30, 2026.
 The current expiration date of this provision is the fiscal year  ending
 June 20, 2024.
   The  estimated  cost for using only annual base wages to determine the
 employee contribution rate for Tier 6 members during 2025  and  2026  is
 projected  to be $9.2 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, 2025 and June 30, 2026.
   Member data is from the System's most recent actuarial valuation files
 as of June 30, 2023, consisting of data provided by the employers to the
 Retirement System. The most recent data distributions and statistics can
 be found in the System's Annual Report for fiscal year  ended  June  30,
 2023. System assets are as reported in the System's financial statements
 and  can  also be found in the System's Annual Report. Actuarial assump-
 tions and methods are  provided  in  the  System's  Actuarial  Valuation
 Report as of June 30, 2023.
   The  source of this estimate is Fiscal Note 2024-16 dated February 27,
 2024 prepared by the Office of the Actuary of the New York State  Teach-
 ers'  Retirement  System  and  is  intended for use only during the 2024
 Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the
 S. 8305--C                         95                         A. 8805--C
 
 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: This proposed legislation, as it relates to the New York City
 Retirement  Systems  and  Pension Funds (NYCRS), would extend Part SS of
 Chapter 56 of the Laws of 2022 by excluding  overtime  and  compensation
 earned  for supplemental work from annual wages used to calculate Tier 6
 Basic Member Contribution Rates for two additional years.
 
          EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
          by Fiscal Year for the first 25 years ($ in Thousands)
 
      Year      NYCERS    TRS       BERS      TOTAL
      2025      1,395     716       17        2,128
      2026      1,408     728       16        2,152
      2027      1,418     741       16        2,175
      2028      1,424     755       16        2,195
      2029      1,425     768       16        2,209
      2030      1,421     781       16        2,218
      2031      1,416     793       16        2,225
      2032      1,411     805       16        2,232
      2033      1,406     817       16        2,239
      2034      1,401     829       15        2,245
      2035      1,395     841       15        2,251
      2036      1,390     855       15        2,260
      2037      1,384     870       15        2,269
      2038      1,377     886       10        2,273
      2039      1,369     901       10        2,280
      2040      876       918       10        1,804
      2041      863       934       10        1,807
      2042      846       952       9         1,807
      2043      824       969       9         1,802
      2044      798       751       9         1,558
      2045      767       759       9         1,535
      2046      730       764       8         1,502
      2047      690       765       8         1,463
      2048      648       764       8         1,420
      2049      601       760       8         1,369
    Employer Contribution impact beyond Fiscal Year 2049 is not shown.
 
   The initial increase in employer contributions of $2.1 million is
 estimated to be $1.3 million for New York City and $0.8 million for the
 other obligors of NYCRS.
 
           INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                   as of June 30, 2023 ($ in Thousands)
 
 Present Value (PV)                 NYCERS     TRS       BERS
 PV of Benefits:                    (2,032)    (1,716)   (35)
 PV of Employee Contributions:      (16,873)   (11,726)  (203)
 PV of Employer Contributions:      14,841     10,010    167
 Unfunded Accrued Liabilities:      4,253      2,305     38
 
                AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 S. 8305--C                         96                         A. 8805--C

                                    NYCERS     TRS       BERS
 Number of Payments:                15         19        13
 Fiscal Year of Last Payment:       2039       2043      2037
 Amortization Payment:              483 K      231 K     5 K
 
   Unfunded  Accrued Liability increases were amortized over the expected
 remaining working lifetime of those  impacted  by  the  benefit  changes
 using level dollar payments.
   CENSUS  DATA:  The estimates presented herein are based on preliminary
 census data collected as of June 30,  2023.  The  census  data  for  the
 impacted population is summarized below.
 
                                    NYCERS     TRS       BERS
 Active Members
 - Number Count:                    85,203     60,663    12,932
 - Average Age:                     42.4       38.1      46.9
 - Average Service:                 4.4        5.0       4.0
 - Average Salary:                  78,900     80,000    56,200
 
   BACKGROUND:  Tier  6  members of NYCERS, TRS, and BERS are required to
 make Basic Member Contributions (BMC) ranging from 3% to 6% depending on
 the members' respective annual wages two calendar  years  prior.  Annual
 wages  include  overtime  up  to a certain limit that increases annually
 based on inflation ($19,729 for calendar year 2023).
   Part SS of Chapter 56 of  the  Laws  of  2022  excluded  overtime  and
 compensation  earned for supplemental work for determining future Tier 6
 BMC rates for the period of April 1, 2022 through April 1, 2024 (NYCERS,
 TRS, and BERS are subject to a calendar plan year).
   The proposed legislation would extend the exclusion  of  overtime  and
 compensation  earned  for  supplemental  work for determining Tier 6 BMC
 rates through April 1, 2026.
   ASSUMPTIONS AND METHODS: The  estimates  presented  herein  have  been
 calculated  based  on the Revised 2021 Actuarial Assumptions and Methods
 of the impacted retirement systems.
   RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
 highly  on  the  actuarial  assumptions, methods, and models used, demo-
 graphics of the impacted population, and other factors such  as  invest-
 ment,  contribution, and other risks. If actual experience deviates from
 actuarial  assumptions,  the  actual  costs  could  differ  from   those
 presented  herein.  Quantifying  these risks is beyond the scope of this
 Fiscal Note.
   This Fiscal Note is intended to measure  pension-related  impacts  and
 does  not  include other potential costs (e.g., administrative and Other
 Postemployment Benefits).
   STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
 sky are members of the Society of Actuaries and the American Academy  of
 Actuaries.  We  are  members of NYCERS but do not believe it impairs our
 objectivity and we meet the  Qualification  Standards  of  the  American
 Academy  of  Actuaries to render the actuarial opinion contained herein.
 To the best of our 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 2024-26 dated March 14,
 2024 was prepared by the Chief Actuary for the New York City  Retirement
 S. 8305--C                         97                         A. 8805--C
 
 Systems and Pension Funds. This estimate is intended for use only during
 the 2024 Legislative Session.
   § 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 KK of this act shall be
 as specifically set forth in the last section of such Parts.