[ ] is old law to be omitted.
                                                            LBD12670-03-4
 S. 8305--B                          2
 
   amend the labor  law,  in  relation  to  requiring  certain  employers
   provide  prenatal  personal  leave  (Part  M);  to  amend the workers'
   compensation law and the insurance  law,  in  relation  to  increasing
   short-term disability and family leave benefits; and providing for the
   repeal  of certain provisions upon expiration thereof (Part N); inten-
   tionally omitted (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); 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 (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 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  the  New  York state 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 issu-
   ance  of  bonds and notes to finance capital costs related to homeland
   security; to amend the New York state  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
   and  bridge  trust  fund,  in relation to the issuance of funds to the
   thruway authority; to amend  the  New  York  state  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 facili-
   ties improvement  fund;  to  amend  the  public  authorities  law,  in
   relation to the issuance of bonds and notes for the purpose of financ-
 S. 8305--B                          3
 
   ing  peace  bridge projects and capital costs of state and local high-
   ways; to amend the New York state urban development  corporation  act,
   in  relation  to the issuance of bonds for economic development initi-
   atives; 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 the New York state urban
   development corporation act, in relation to the issuance of bonds  for
   special education and other educational facilities; to amend part D of
   chapter  63  of  the  laws  of  2005,  relating to the composition and
   responsibilities of the New York state higher education capital match-
   ing grant board, in relation to increasing the  amount  of  authorized
   matching  capital  grants;  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 the New York state medical care facilities
   finance agency act, in relation to including comprehensive psychiatric
   emergency programs and housing for mentally ill persons in  the  defi-
   nition  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 public author-
   ities law, in relation to the issuance  of  bonds  or  notes  for  the
   purpose  of assisting the metropolitan transportation authority in the
   financing of transportation facilities; and providing for  the  repeal
   of  certain provisions upon expiration thereof (Part X); intentionally
   omitted (Part Y); to amend the election law, the  education  law,  the
   civil practice law and rules and the state finance law, in relation to
   regulating  public  data  maintained  by  county  and  city  boards of
   elections and establishing the New York voting and elections  academic
   center  to  maintain  a statewide database of voting and election data
   (Part Z); to amend the election law and the vehicle and  traffic  law,
   in relation to joining multistate voter list maintenance organizations
   (Part  AA);  to  amend  the  general  business law, in relation to the
   management and oversight of personal data  (Part  BB);  to  amend  the
   state technology law, in relation to establishing the "secure our data
   act"  (Part  CC);  to  amend  the  alcoholic  beverage control law, in
   relation to alcohol in certain motion picture theatres, and  providing
   for  the  expiration and repeal of such provisions upon the expiration
   thereof (Part DD); to amend the alcoholic  beverage  control  law,  in
   relation  to  direct  interstate  and intrastate cider shipments (Part
   EE); to amend the real property tax law,  in  relation  to  subjecting
   certain  state  lands in Ulster county to real property taxation (Part
   FF); to amend the executive law, in  relation  to  the  collection  of
   certain  demographic  information  by  certain state agencies, boards,
   departments and commissions (Part GG); to amend the executive law, the
   public authorities law and the public buildings law,  in  relation  to
   the utilization of renewable energy at state-owned facilities in Alba-
   ny  (Part  HH);  to  amend  the retirement and social security law, in
   relation to allowing beneficiaries  of  certain  deceased  members  to
   elect  to receive death benefits in a lump sum (Part II); to amend the
   retirement and social security law and the administrative code of  the
   city  of New York, in relation to the calculation of the final average
   salary for purposes of the calculation of a pension benefit (Part JJ);
 S. 8305--B                          4
 
   to amend the state technology law, in relation to automated  decision-
   making  by  state  agencies (Part KK); in relation to establishing the
   New York state aid and incentives  for  municipalities  redesign  task
   force; and providing for the repeal of such provisions upon expiration
   thereof (Part LL); 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 MM); to amend  the
   retirement  and  social  security  law, in relation to eligibility for
   retirement benefits for certain members of the  unified  court  system
   (Part  NN);  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 employees' retirement system employed
   as fire protection inspectors and associate fire protection inspectors
   (Part  OO);  to  amend  the  retirement  and  social  security law, in
   relation to increasing the earning limitations for retired persons  in
   positions  of public service (Part PP); 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  limitations  on  retirees
   employed  in  school  districts  and  board of cooperative educational
   services, in relation to the effectiveness thereof (Part QQ); to amend
   the executive law, in relation to establishing the  office  of  racial
   equity  and  social  justice  (Part  RR);  to amend the retirement and
   social security law, in relation to member contributions to retirement
   systems (Part SS); 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 envi-
   ronmental 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  TT);  to  amend  the
   retirement  and  social  security  law,  in relation to establishing a
   twenty year retirement plan for members or officers of law enforcement
   (Part UU); to amend the executive law, in relation to establishing the
   office of Native American affairs (Part VV); to amend the  penal  law,
   in  relation  to  the  definition of value for the purposes of larceny
   (Part WW); to amend the executive law, in relation to establishing  an
   organized retail crime task force (Part XX); to amend the public offi-
   cers law, in relation to prohibiting reimbursement of campaign commit-
   tees  and  legal defense funds for defense costs incurred on behalf of
   state employees (Part YY); to amend the legislative law,  in  relation
   to  relieving reporting requirements on small nonprofits (Part ZZ); to
   amend the correction law, in relation to available transportation  for
   correction  facility  visitation  (Part  AAA);  to  amend the criminal
   procedure law, in relation to  motions  to  vacate  judgment;  and  to
   repeal  certain provisions of such law relating thereto (Part BBB); to
   amend the judiciary law, in relation to audio-visual coverage of judi-
   cial proceedings; and to repeal section 218 of the judiciary  law  and
   section  52  of  the  civil rights law relating thereto (Part CCC); to
   amend the correction law, in relation to incarcerated individuals with
   a serious mental illness (Part DDD); to amend the county law  and  the
   judiciary law, in relation to setting hourly rates for persons repres-
   enting  certain persons in court or before a magistrate (Part EEE); to
   amend the estates, powers and trusts law, in relation to  the  payment
   and  distribution  of  damages  in  wrongful death actions (Part FFF);
   directing the department of environmental conservation  to  conduct  a
   study  on  ecological  restoration needs of Jamaica Bay (Part GGG); to
   amend the penal law, the vehicle and traffic law, the  executive  law,
 S. 8305--B                          5
 
   the  correction  law,  the village law, the state finance law, and the
   criminal  procedure  law,  in  relation   to   eliminating   mandatory
   surcharges  for  misdemeanors  and  violations;  and to repeal certain
   provisions  of  the  vehicle  and  traffic law, relating thereto (Part
   HHH); and to amend the  workers'  compensation  law,  in  relation  to
   claims  for  mental  injury  premised  upon extraordinary work-related
   stress (Part III)
 
   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 III. 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
 
                           Intentionally Omitted
 
                                  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. 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 SELL STOLEN GOODS; AND
   2. KNEW OR SHOULD HAVE KNOWN THAT SUCH GOODS 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
 
                           Intentionally Omitted
 
                                  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-
 S. 8305--B                          6
 
 mines  to be necessary for the cost-effective and efficient operation of
 the correctional system, provided that the governor  provides  at  least
 180 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 incar-
 cerated individuals in said facilities, the number of staff  working  in
 said  facilities,  and  information  regarding staff placement and staff
 relocation efforts. 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 an update on the results of staff
 placement  and  staff  relocation  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
 
                           Intentionally Omitted
 
                                  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
 S. 8305--B                          7
 
 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
 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-
 S. 8305--B                          8
 
 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
 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.
 S. 8305--B                          9
 
   (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
 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.
 S. 8305--B                         10
 
   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
 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
 S. 8305--B                         11
 
 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
 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
 S. 8305--B                         12
 
 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
 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
 S. 8305--B                         13
 
 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-
 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
 S. 8305--B                         14
 
 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
 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
 S. 8305--B                         15
 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
 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.
 S. 8305--B                         16
 
   §  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.
   § 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
 BE  FILED  WITH THE OFFICE PROMPTLY UPON ADOPTION, AND SHALL 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. SUCH LOCAL LAWS OR ORDINANCES SHALL ALSO DESIG-
 NATE 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 LOCAL
 ENFORCEMENT EFFORTS, AND SEND MONTHLY REPORTS TO THE OFFICE IN A  MANNER
 AND  FORMAT  AS  THE  OFFICE SHALL REASONABLY PRESCRIBE DETAILING RECENT
 ENFORCEMENT ISSUES AND, WHEN EXECUTING CLOSURE ORDERS,  THE  AMOUNT  AND
 NATURE  OF  THE PRODUCTS SEIZED.   IN ADDITION, SUCH LOCAL LAWS OR ORDI-
 NANCES MAY:
   (A) 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; AND
 S. 8305--B                         17
 
   (B)  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.
   §  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
 S. 8305--B                         18
 
 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
 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;
 S. 8305--B                         19
   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;
   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
 S. 8305--B                         20
 
 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
 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;
 S. 8305--B                         21
 
   (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
 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
 S. 8305--B                         22
 
 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
 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. Subdivisions 1 and 4 of  section  715-a  of  the  real  property
 actions  and proceedings law, as added by section 21 of part UU of chap-
 ter 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 OR PRODUCTS
 MARKETED AS SUCH, where such property, or the portion thereof being used
 for such unlicensed activity, is not occupied for any other licensed  or
 lawful  purpose.  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 theretofore brought by them and not
 prosecuted diligently and in good faith. An enforcement  agency  author-
 ized  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
 S. 8305--B                         23
 
 sublessee and the owner or landlord shall be  made  respondents  in  the
 proceeding.
   4.  The use or occupancy of premises [solely or primarily] CUSTOMARILY
 OR HABITUALLY for the unlicensed retail sale  of  cannabis  OR  PRODUCTS
 MARKETED  AS  SUCH  shall  constitute  an illegal trade, manufacture, or
 other business for the purposes of section two hundred thirty-one of the
 real property law.
   § 14. Subdivision (a) of section 496-d of the tax  law,  as  added  by
 section  6  of  part UU of chapter 56 of the laws of 2023, is amended to
 read as follows:
   (a) To conduct regulatory inspections during [normal business] OPERAT-
 ING hours of any place of business, including a vehicle  used  for  such
 business,  where  adult-use  cannabis  products are distributed, placed,
 stored, sold or offered for sale. For  the  purposes  of  this  section,
 "place  of business" shall not include a residence or other real proper-
 ty, or any personal vehicle on or about such property, not held  out  as
 open  to the public or otherwise being utilized in a business or commer-
 cial manner, unless probable cause exists to  believe  that  such  resi-
 dence,  real  property  or  vehicle  is being used in such a business or
 commercial manner for  the  buying  or  selling  of  adult-use  cannabis
 products.
   §  15.  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
 S. 8305--B                         24
 
 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.
   § 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.
   § 5-a. Subdivision 3 of section 97-a of the alcoholic beverage control
 law, as amended by chapter 106 of the laws of 2022, is amended  to  read
 as follows:
   3. A temporary retail permit under paragraph (b) of subdivision one of
 this  section  may not be issued for any premises that is subject to the
 provisions of section sixty-three or seventy-nine  of  this  chapter;  a
 temporary  retail  permit under paragraph (b) of subdivision one of this
 section shall not be issued for a premises subject to the provisions  of
 paragraph  (b)  of subdivision seven of section sixty-four, subparagraph
 (ii) of paragraph (a) of  subdivision  seven  of  section  sixty-four-a,
 subparagraph  (ii)  of  paragraph  (a)  of subdivision eleven of section
 sixty-four-c, or paragraph (b) of subdivision eight  of  section  sixty-
 four-d  OF THIS CHAPTER, unless and until a recommendation that there be
 a finding of public interest has been  made  by  an  administrative  law
 judge  pursuant  to paragraph (f) of subdivision seven of section sixty-
 four, paragraph (d) of subdivision seven of section sixty-four-a,  para-
 graph  (c) of subdivision five of section sixty-four-b, paragraph (c) of
 subdivision eleven of section sixty-four-c, or paragraph (e) of subdivi-
 sion eight of section sixty-four-d of this  chapter.  Provided  however,
 any premises granted a temporary retail permit pursuant to this subdivi-
 sion  in  a  city  with a population of one million or more people shall
 S. 8305--B                         25
 
 only be allowed to operate on the premises under  the  following  condi-
 tions:    [an  active]  NO  retail  license  [shall have existed] at the
 APPLIED FOR location [within the past two years, and such license] shall
 [not]  have been canceled, suspended, or revoked by the authority within
 the past two years; the closing time any day of the  week  shall  be  no
 later  than  midnight;  provided  however  that  the closing time of any
 outdoor space shall be no later than ten  o'clock  post-meridian  Sunday
 through  Thursday  and eleven o'clock post-meridian Friday and Saturday;
 no outdoor music; indoors shall have  recorded  background  music  only,
 with  no  live  music,  DJ's, karaoke, or similar forms of music; and no
 dancing. The authority shall automatically lift such restrictions if the
 authority issues a retail license for the  premises,  and  replace  such
 restrictions  with  other restrictions, if any, imposed by the authority
 in accordance with the public interest standard.
   § 5-b. Section 106 of the alcoholic beverage control law is amended by
 adding a new subdivision 2-b to read as follows:
   2-B. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY,  A
 RETAIL  LICENSEE  FOR  ON-PREMISES  CONSUMPTION  SHALL  BE AUTHORIZED TO
 PURCHASE UP TO TWELVE BOTTLES OF WINE AND LIQUOR PER WEEK FROM  AN  OFF-
 PREMISES  RETAIL  LICENSEE,  AND  MAY  RESELL  ANY  WINE  AND  LIQUOR SO
 PURCHASED FOR CONSUMPTION ON THE PREMISES LICENSED THEREFOR.
   § 5-c. Section 105 of the alcoholic beverage control law is amended by
 adding a new subdivision 25 to read as follows:
   25. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE  CONTRARY,  A
 RETAIL LICENSEE TO SELL LIQUOR AND/OR WINE FOR CONSUMPTION OFF THE PREM-
 ISES SHALL BE AUTHORIZED TO SELL UP TO TWELVE BOTTLES OF WINE AND LIQUOR
 PER WEEK TO A RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION.
   §  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--B                         26
 
   (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--B                         27
 
 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].
   § 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  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,
 S. 8305--B                         28
 
 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.
   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
 S. 8305--B                         29
 
 undertake the addition, amendment and/or repeal of  any  rule  or  regu-
 lation necessary for the implementation of this act.
 
                                  PART M
 
   Section  1.  Section 196-b of the labor law is amended by adding a new
 subdivision 4-a to read as follows:
   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 FORTY HOURS OF PRENATAL PERSONAL
 LEAVE DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD. PRENATAL PERSONAL LEAVE
 SHALL MEAN THE HEALTH CARE RECEIVED  BY  AN  EMPLOYEE  DURING  PREGNANCY
 RELATED  TO  SUCH PREGNANCY, INCLUDING PHYSICAL EXAMINATIONS, MONITORING
 AND TESTING, AND DISCUSSIONS WITH A HEALTH CARE PROVIDER RELATED TO  THE
 PREGNANCY.    PRENATAL PERSONAL LEAVE MAY BE TAKEN IN HOURLY INCREMENTS.
 BENEFITS FOR PRENATAL PERSONAL LEAVE SHALL BE PAID  IN  HOURLY  INSTALL-
 MENTS.  EMPLOYEES  SHALL RECEIVE COMPENSATION AT HIS OR HER 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.
   § 2. 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] THE EMPLOYEE'S 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
 S. 8305--B                         30
 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.
   §  2-a. Subdivision 9 of section 201 of the workers' compensation law,
 as amended by chapter 675 of the laws of 1977, paragraph B as amended by
 chapter 352 of the laws of 1981, is amended to read as follows:
   9. [A.] (A) "Disability" during employment means the inability  of  an
 employee,  as  a  result of injury or sickness not arising out of and in
 the course of an employment, to perform  the  regular  duties  of  [his]
 THEIR employment or the duties of any other employment which [his] THEIR
 employer  may  offer  [him]  THEM at [his] THEIR regular wages and which
 [his] THEIR injury or sickness does not prevent [him] THEM from perform-
 ing. "Disability" during unemployment means the inability of an  employ-
 ee,  as  a  result  of  injury or sickness not arising out of and in the
 course of an employment, to perform the duties  of  any  employment  for
 which [he is] THEY ARE reasonably qualified by training and experience.
   [B.]  (B)  "Disability"  also  includes  disability  caused  by  or in
 connection with a pregnancy OR NEONATAL LOSS, INCLUDING STILLBIRTH.
   § 2-b. Section 201 of the workers'  compensation  law  is  amended  by
 adding a new subdivision 25 to read as follows:
   25. "NEONATAL LOSS" MEANS THE DEATH OF A CHILD DURING THE FIRST TWELVE
 WEEKS OF LIFE.
   §  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:
   § 203-a.  [Retaliatory] INTERFERENCE AND RETALIATORY action prohibited
 for  DISABILITY  AND  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.  IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO INTERFERE WITH, RESTRAIN,
 OR DENY THE EXERCISE OF, OR THE ATTEMPT TO EXERCISE, ANY RIGHT  PROVIDED
 UNDER THIS ARTICLE, INCLUDING:
   (A)  FAILING  TO  COMPLY  WITH THE REQUIREMENTS OF SECTION TWO HUNDRED
 TWENTY-NINE OF THIS ARTICLE, SUCH AS BY FAILING TO PROVIDE  AN  EMPLOYEE
 WITH THE NOTICE OF RIGHTS REQUIRED BY SUCH SECTION;
   (B) FAILING TO PROVIDE AN EMPLOYEE WITH COMPLETE AND ACCURATE INFORMA-
 TION RELATED TO THE SUBMISSION OF A CLAIM FOR DISABILITY OR FAMILY LEAVE
 BENEFITS,  SUCH  AS  BY  FAILING  TO  INFORM THE EMPLOYEE THAT IT IS THE
 EMPLOYEE'S RESPONSIBILITY TO SUBMIT THE COMPLETED APPLICATION  MATERIALS
 TO THE EMPLOYER'S INSURANCE CARRIER OR BY FAILING OR REFUSING TO PROVIDE
 THE  EMPLOYEE  WITH  THE NAME OF THE EMPLOYER'S INSURANCE CARRIER AND/OR
 THE EMPLOYER'S POLICY NUMBER WITH SAID INSURANCE CARRIER;
   (C) FAILING TO ACCURATELY COMPLETE AND  RETURN  TO  THE  EMPLOYEE  THE
 DISABILITY  OR FAMILY LEAVE APPLICATION PAPERWORK WITHIN THE TIME PERIOD
 SPECIFIED BY THE CHAIR;
   (D) PROVIDING THE EMPLOYER'S INSURANCE CARRIER WITH INACCURATE  INFOR-
 MATION  ABOUT  AN  EMPLOYEE'S EMPLOYMENT AS IT RELATES TO THE EMPLOYEE'S
 ELIGIBILITY FOR DISABILITY OR FAMILY LEAVE BENEFITS;
   (E) REFUSING TO ALLOW AN EMPLOYEE  WHO  HAS  REQUESTED  DISABILITY  OR
 FAMILY  LEAVE  UNDER  THIS  ARTICLE  TO BEGIN LEAVE UNTIL THE EMPLOYER'S
 INSURANCE CARRIER HAS APPROVED THE EMPLOYEE'S CLAIM  FOR  DISABILITY  OR
 FAMILY LEAVE BENEFITS;
   (F)  FAILING OR REFUSING TO CARRY DISABILITY OR FAMILY LEAVE INSURANCE
 AS REQUIRED BY SECTION TWO HUNDRED ELEVEN OF THIS ARTICLE;
   (G) THREATENING  TERMINATION,  DEMOTION,  DISCIPLINE,  SUSPENSION,  OR
 REDUCTION  OF  HOURS  OR  WAGES,  REPORTING  OR THREATENING TO REPORT AN
 S. 8305--B                         31
 
 EMPLOYEE'S SUSPECTED CITIZENSHIP OR IMMIGRATION STATUS OR THE  SUSPECTED
 CITIZENSHIP  OR IMMIGRATION STATUS OF A FAMILY MEMBER OF THE EMPLOYEE TO
 A FEDERAL, STATE, OR LOCAL  AGENCY,  OR  THREATENING  ANY  OTHER  ACTION
 AGAINST  AN  EMPLOYEE  SEEKING  TO  TAKE DISABILITY OR FAMILY LEAVE THAT
 MIGHT REASONABLY DETER AN EMPLOYEE  FROM  EXERCISING  A  RIGHT  PROVIDED
 UNDER THIS ARTICLE; OR
   (H) THREATENING OR TAKING ANY OTHER ACTION THAT MAY HAVE THE EFFECT OF
 PREVENTING  OR DISCOURAGING AN EMPLOYEE FROM EXERCISING A RIGHT PROVIDED
 UNDER THIS ARTICLE.
   3. 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  DISABILITY  OR  family  leave.  Any
 eligible employee of a covered employer who takes leave, INCLUDING LEAVE
 DUE  TO  A  DISABILITY,  under this article shall be entitled, 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  benefits,
 pay  and  other terms and conditions of employment. The taking of family
 OR DISABILITY leave shall not result in the loss of any employment bene-
 fit 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]  FIRST  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  limi-
 tations in this section and in sections two hundred five and two hundred
 six of this article. Family leave benefits shall be payable to an eligi-
 ble  employee  for  the first full day when family leave is required and
 thereafter 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
 disability or family leave caused by the same or related injury or sick-
 ness OR QUALIFYING EVENT shall shall be deemed a single period of  disa-
 bility or family leave only if separated by less than three months.
 S. 8305--B                         32
 
   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
 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] THE EMPLOYEE'S 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 DISABILITY COMMENCING: (I) ON OR AFTER  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-SIX  SHALL  BE  SEVENTY  PERCENT  OF THE PORTION OF THE
 EMPLOYEE'S AVERAGE WEEKLY WAGE THAT IS  EQUAL  TO  OR  LESS  THAN  FIFTY
 PERCENT    OF    THE  NEW   YORK STATE AVERAGE WEEKLY WAGE IN EFFECT AND
 FORTY-SEVEN PERCENT OF THE PORTION  OF  THE  EMPLOYEE'S  AVERAGE  WEEKLY
 WAGE   THAT  IS  MORE  THAN  FIFTY  PERCENT OF  THE NEW YORK STATE AVER-
 AGE WEEKLY WAGE IN EFFECT, BUT SHALL NOT EXCEED SIXTY-SEVEN  PERCENT  OF
 THE  NEW  YORK  STATE  AVERAGE  WEEKLY WAGE IN EFFECT EXCEPT THAT IF THE
 EMPLOYEE'S AVERAGE WEEKLY WAGE IS LESS THAN  ONE  HUNDRED  DOLLARS,  THE
 BENEFIT  SHALL  BE  SUCH  AVERAGE  WEEKLY WAGE; (II) ON OR AFTER JANUARY
 FIRST, TWO THOUSAND TWENTY-SEVEN SHALL BE EIGHTY PERCENT OF THE  PORTION
 OF  THE  EMPLOYEE'S  AVERAGE  WEEKLY  WAGE THAT IS EQUAL TO OR LESS THAN
 S. 8305--B                         33
 
 FIFTY PERCENT  OF  THE NEW  YORK STATE AVERAGE WEEKLY WAGE IN EFFECT AND
 FIFTY-SEVEN PERCENT OF THE PORTION  OF  THE  EMPLOYEE'S  AVERAGE  WEEKLY
 WAGE   THAT  IS  MORE  THAN  FIFTY  PERCENT OF  THE NEW YORK STATE AVER-
 AGE  WEEKLY  WAGE  IN EFFECT BUT SHALL NOT EXCEED SIXTY-SEVEN PERCENT OF
 THE STATE AVERAGE WEEKLY WAGE IN EFFECT EXCEPT THAT  IF  THE  EMPLOYEE'S
 AVERAGE  WEEKLY WAGE IS LESS THAN ONE HUNDRED DOLLARS, THE BENEFIT SHALL
 BE SUCH AVERAGE WEEKLY WAGE; (III) ON OR AFTER JANUARY FIRST, TWO  THOU-
 SAND  TWENTY-EIGHT SHALL BE NINETY PERCENT OF THE PORTION OF THE EMPLOY-
 EE'S WEEKLY AVERAGE WAGE THAT IS EQUAL TO OR LESS THAN FIFTY PERCENT  OF
 THE NEW   YORK STATE AVERAGE  WEEKLY  WAGE  IN  EFFECT  AND  SIXTY-SEVEN
 PERCENT  OF THE PORTION OF THE EMPLOYEE'S AVERAGE WEEKLY  WAGE  THAT  IS
 MORE  THAN  FIFTY  PERCENT OF  THE NEW YORK STATE AVERAGE WEEKLY WAGE IN
 EFFECT BUT SHALL NOT EXCEED SIXTY-SEVEN PERCENT  OF  THE  STATE  AVERAGE
 WEEKLY  WAGE IN EFFECT EXCEPT THAT IF THE EMPLOYEE'S AVERAGE WEEKLY WAGE
 IS LESS THAN ONE HUNDRED 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  May  first,  nineteen
 hundred  eighty-nine AND PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-SIX
 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 benefit which the disa-
 bled 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  benefit  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 weekly
 wage is less than twenty dollars the benefit shall be such average week-
 ly 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
 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-
 S. 8305--B                         34
 
 ers,  and shall be allocated in the proportion of their respective aver-
 age weekly wage payments.
   (C)  PROVIDED THAT THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION
 AND SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION  THREE  OF  SECTION
 TWO  HUNDRED  NINE  OF  THIS ARTICLE MAY BE WAIVED BY A COVERED EMPLOYER
 SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT  WITH  A  BONA  FIDE  LABOR
 ORGANIZATION  IN  EFFECT ON JANUARY FIRST, TWO THOUSAND TWENTY-SIX FOR A
 DISABILITY COMMENCING BETWEEN JANUARY FIRST, TWO THOUSAND TWENTY-SIX AND
 THE EXPIRATION OR MODIFICATION DATE OF SUCH COLLECTIVE BARGAINING AGREE-
 MENT; AND PROVIDED THAT FOR SUCH WAIVER TO BE VALID, IT SHALL EXPLICITLY
 REFERENCE THIS SECTION AND BE AGREED TO BY THE BONA FIDE LABOR ORGANIZA-
 TION. NOTHING HEREIN SHALL PREVENT  A  COLLECTIVE  BARGAINING  AGREEMENT
 FROM  PROVIDING  TEMPORARY DISABILITY BENEFITS GREATER THAN THE BENEFITS
 REQUIRED HEREIN.
   § 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] THE EMPLOYEE'S disability. If bene-
 fits 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
 reimbursement  out of the proceeds of such award to the employee for the
 period for which disability benefits were paid  to  the  employee  under
 this  article,  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.
   (I)  BEGINNING  JANUARY  FIRST,  TWO  THOUSAND TWENTY-SIX, THE MAXIMUM
 EMPLOYEE CONTRIBUTION THAT A COVERED EMPLOYER IS AUTHORIZED  TO  COLLECT
 S. 8305--B                         35
 
 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 TWO DOLLARS AND TWENTY CENTS PER WEEK.
   (II) BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY, THE MAXIMUM EMPLOY-
 EE  CONTRIBUTION  THAT  A COVERED EMPLOYER IS AUTHORIZED TO COLLECT FROM
 EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED BY THIS ARTI-
 CLE SHALL BE ONE-HALF OF ONE PER CENTUM OF  THE  EMPLOYEE'S  WAGES,  BUT
 SHALL NOT EXCEED THIRTY 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 THIS ARTICLE DURING THE PRIOR CALENDAR YEAR, AS  DETERMINED  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 SUPERINTENDENT OF FINANCIAL
 SERVICES FOR THE PURPOSE OF DETERMINING THIRTY 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 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
 S. 8305--B                         36
 
 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,
 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] THE  EMPLOY-
 EE'S  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] THE EMPLOYEE'S 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
 S. 8305--B                         37
 
 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
 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.
   (I) BEGINNING JANUARY FIRST,  TWO  THOUSAND  TWENTY-SIX,  THE  MAXIMUM
 EMPLOYEE  CONTRIBUTION  AMOUNT  SHALL  BE ONE-HALF OF ONE PERCENT OF THE
 EMPLOYEE'S WAGES BUT SHALL NOT EXCEED TWO DOLLARS AND TWENTY  CENTS  PER
 WEEK.
   (II) BEGINNING JANUARY FIRST, TWO THOUSAND THIRTY, THE MAXIMUM EMPLOY-
 EE  CONTRIBUTION  THAT  A COVERED EMPLOYER IS AUTHORIZED TO COLLECT FROM
 EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED BY THIS ARTI-
 CLE SHALL BE ONE-HALF OF ONE PER CENTUM OF  THE  EMPLOYEE'S  WAGES,  BUT
 SHALL NOT EXCEED THIRTY 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 DURING THE PRIOR CALENDAR  YEAR,  WHICH
 S. 8305--B                         38
 
 THE  SUPERINTENDENT  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 THIRTY 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-NINE 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 THIR-
 TY, 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.
   §  14-a. Section  203  of the workers' compensation law, as amended by
 section 3 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   § 203. Employees eligible for benefits under section two hundred  four
 of  this article. Employees in employment of a covered employer for four
 or more consecutive weeks and employees in employment  during  the  work
 period usual to and available during such four or more consecutive weeks
 in  any  trade  or  business in which they are regularly employed and in
 which hiring from day to day of such employees is the  usual  employment
 practice  shall  be eligible for disability AND FAMILY LEAVE benefits as
 provided in section two hundred four  of  this  article.  [Employees  in
 employment  of  a  covered  employer  for twenty-six or more consecutive
 weeks and employees in employment during the work period  usual  to  and
 available  during such twenty-six or more consecutive weeks in any trade
 or business in which they are regularly employed  and  in  which  hiring
 from day to day of such employees is the usual employment practice shall
 be eligible for family leave benefits as provided in section two hundred
 four of this article.  Every such employee shall continue to be eligible
 for  family leave benefits only during employment with a covered employ-
 er.] Every such employee shall continue to be  eligible  for  disability
 AND  FAMILY  LEAVE  benefits  during such employment and for a period of
 four weeks after such employment terminates regardless  of  whether  the
 employee  performs  any  work  for remuneration or profit in non-covered
 employment. If during such four week period the  employee  performs  any
 work for remuneration or profit for another covered employer the employ-
 ee  shall become eligible for disability AND FAMILY LEAVE benefits imme-
 diately with respect to that employment. In addition every such employee
 who has previously completed four or more consecutive weeks  in  employ-
 ment  with  the  covered  employer for purposes of disability AND FAMILY
 LEAVE benefits[, or twenty-six or more consecutive weeks  in  employment
 with  the  covered  employer  for  purposes  of  paid family leave,] and
 returns to work with the same employer after  an  agreed  and  specified
 unpaid  leave  of  absence or vacation without pay shall become eligible
 for benefits immediately with respect to such  employment.  An  employee
 who  during  a  period  in which [he or she] THE EMPLOYEE is eligible to
 receive benefits under subdivision two of section two hundred  seven  of
 this  article  returns  to  employment  with  a  covered employer and an
 S. 8305--B                         39
 
 employee who is currently receiving unemployment insurance  benefits  or
 benefits under section two hundred seven of this article and who returns
 to employment with a covered employer shall become eligible for disabil-
 ity  benefits  immediately  with respect to such employment. An employee
 regularly in the employment of a single employer on a work schedule less
 than the employer's normal work week shall become eligible for disabili-
 ty AND FAMILY leave benefits on the twenty-fifth  day  of  such  regular
 employment  [and  for  purposes  of  paid family leave an employer shall
 become eligible for benefits on the one  hundred  seventy-fifth  day  of
 such regular employment]. An employee who is eligible for disability and
 family  leave benefits in the employment of a covered employer shall not
 be deemed, for the purposes of this article,  to  have  such  employment
 terminated  during  any  period  [he or she] THE EMPLOYEE is eligible to
 receive benefits under section two hundred four  of  this  article  with
 respect to such employment.
   §  14-b. Paragraph (b) of subdivision 4 of section 212 of the workers'
 compensation law, as added by section 13 of part SS of chapter 54 of the
 laws of 2016, is amended to read as follows:
   (b) Notwithstanding  the  definition  of  "employer"  in  section  two
 hundred  one  of  this  article,  a sole proprietor, member of a limited
 liability company or limited liability partnership,  or  other  self-em-
 ployed  person  may  become  a covered employer under this article FOR A
 PERIOD OF AT LEAST ONE YEAR by complying with the provisions of subdivi-
 sion one of this section. A SELF-EMPLOYED PERSON WHO BECOMES  A  COVERED
 EMPLOYER  UNDER  THIS  SECTION  SHALL BECOME ELIGIBLE FOR DISABILITY AND
 FAMILY LEAVE BENEFITS NO LATER THAN FOUR WEEKS AFTER THE PURCHASE  OF  A
 POLICY OF INSURANCE UNDER THIS ARTICLE.
   § 14-c. Subdivision 5 of section 205 of the workers' compensation law,
 as  added  by section 6 of part SS of chapter 54 of the laws of 2016, is
 amended to read as follows:
   5. (A) In any case in which the necessity for family leave is foresee-
 able 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 necessi-
 ty 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  inten-
 tion to take family 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.
   (B) ANY EMPLOYEE WHO HAS BEEN DEEMED ELIGIBLE  TO  TAKE  FAMILY  LEAVE
 BENEFITS  UNDER  THIS  ARTICLE AND WHO IS SUBSEQUENTLY DEEMED INELIGIBLE
 FOR FAMILY LEAVE BENEFITS DUE TO A STILLBIRTH SHALL BE ENTITLED TO  TAKE
 FAMILY LEAVE BENEFITS, PROVIDED THAT SUCH EMPLOYEE MAY NOT COLLECT DISA-
 BILITY BENEFITS CONCURRENTLY.
   § 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.
 S. 8305--B                         40
 
   §  16.  This  act shall take effect immediately and shall apply to all
 policies issued, renewed, modified, altered,  or  amended  on  or  after
 January 1, 2026; provided, however that  the amendments to subdivision 5
 of  section  205  of the workers' compensation law made by section four-
 teen-c of this act shall expire and be deemed repealed January 1, 2028.
                                  PART O
 
                           Intentionally Omitted
 
                                  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 COVERAGE.
         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.
 S. 8305--B                         41
 
   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
 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
 S. 8305--B                         42
 
 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;
   (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)  CLEARLY  AND  CONSPICUOUSLY STATE THAT THE PROCESSING FOR WHICH
 CONSENT IS REQUESTED IS NOT STRICTLY NECESSARY,  AND  THAT  THE  COVERED
 USER MAY DECLINE WITHOUT PREVENTING CONTINUED USE OF THE WEBSITE, ONLINE
 SERVICE,  ONLINE  APPLICATION,  MOBILE APPLICATION, OR CONNECTED DEVICE;
 AND
   (IV) 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, HOWEVER AN OPERATOR MAY  MAKE  AVAILABLE  A
 MECHANISM  THAT  A  COVERED  USER  CAN USE, AT THE USER'S DISCRETION, TO
 PROVIDE INFORMED CONSENT.
   (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, HOWEVER AN OPERATOR MAY  MAKE  AVAILABLE  A
 MECHANISM  THAT  A  COVERED  USER  CAN USE, AT THE USER'S DISCRETION, TO
 PROVIDE INFORMED CONSENT.
   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.
 S. 8305--B                         43
 
   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
   (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 COVERAGE. UPON LEARNING THAT A USER IS NO  LONGER  A
 COVERED  USER,  AN  OPERATOR  SHALL IMMEDIATELY PROVIDE NOTICE THAT SUCH
 S. 8305--B                         44
 
 USER IS NO LONGER COVERED BY THE PROTECTIONS AND RIGHTS  PROVIDED  UNDER
 THE PROVISIONS 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,
 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.  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
 S. 8305--B                         45
 
 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. 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-
 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
 S. 8305--B                         46
 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
 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
 S. 8305--B                         47
 
 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
 
                           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
 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
 S. 8305--B                         48
 
 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 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
 S. 8305--B                         49
 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
 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.] 4. 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
 S. 8305--B                         50
 
 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. 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.]  5.  Notwithstanding  any other provision of law to the contrary,
 monies constituting the funds of the  village  incorporation  commission
 established  pursuant  to section [2-259] 2-260 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 appropriation dedicated to the matching funds  program  pursuant  to
 subdivision  eight of this section and provided further, that such fund-
 S. 8305--B                         51
 
 ing for such entity shall not be subject to the requirements of subdivi-
 sion 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;  provided
 however,  that payment to local governments for the state's match of net
 savings actually and demonstrably realized from new  actions  that  were
 included in an approved county-wide shared services property tax savings
 plan  finalized and submitted to the director of budget pursuant to part
 BBB of chapter 59 of the laws of 2017, or transmitted to  the  secretary
 of  state  pursuant  to  article 12-I of the general municipal law on or
 before December 31, 2024, which may include projects implemented  before
 March  31,  2025 shall remain eligible for funding, subject to appropri-
 ations.
 
                                  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),  PROVIDED  HOWEVER,  THAT  TWO  HUNDRED  EIGHTY-EIGHT
 MILLION DOLLARS ($288,000,000) SHALL BE DEDICATED TO THE CITY UNIVERSITY
 OF NEW YORK, AND BEGINNING JULY FIRST, TWO THOUSAND  TWENTY-FIVE,  TWEN-
 TY-FIVE BILLION FIVE HUNDRED MILLION DOLLARS ($25,500,000,000), PROVIDED
 HOWEVER,  THAT  TWO  HUNDRED  EIGHTY-ONE  MILLION DOLLARS ($281,000,000)
 SHALL BE DEDICATED TO THE CITY UNIVERSITY OF NEW YORK, 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
 S. 8305--B                         52
 
 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
 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
 S. 8305--B                         53
 
 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
 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
 S. 8305--B                         54
 
 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
 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).
 S. 8305--B                         55
 
   8. Hazardous bulk storage account (21061).
   9. Utility environmental regulatory account (21064).
   10. Federal grants indirect cost recovery account (21065).
   11. Low level radioactive waste account (21066).
   12. Recreation account (21067).
   13. Public safety recovery account (21077).
   14. Environmental regulatory account (21081).
   15. Natural resource account (21082).
   16. Mined land reclamation program account (21084).
   17. Great lakes restoration initiative account (21087).
   18. Environmental protection and oil spill compensation fund (21200).
   19. Public transportation systems account (21401).
   20. Metropolitan mass transportation (21402).
   21. Operating permit program account (21451).
   22. Mobile source account (21452).
   23. Statewide   planning   and  research  cooperative  system  account
 (21902).
   24. New York state thruway authority account (21905).
   25. 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).
 S. 8305--B                         56
 
   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).
   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).
 S. 8305--B                         57
 
   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
 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
 S. 8305--B                         58
 
 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
 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.
 S. 8305--B                         59
 
   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. $125,000,000 from the general fund to the environmental  protection
 fund, environmental protection fund transfer account (30451).
   6.  $6,000,000  from  the general fund to the hazardous waste remedial
 fund, hazardous waste oversight and assistance account (31505).
   7. An amount up to or equal to the cash  balance  within  the  special
 revenue-other  waste management & cleanup account (21053) to the capital
 projects fund (30000) for services and capital expenses related  to  the
 management  and  cleanup  program as put forth in section 27-1915 of the
 environmental conservation law.
   8. $1,800,000 from the  miscellaneous  special  revenue  fund,  public
 service account (22011) to the miscellaneous special revenue fund, util-
 ity environmental regulatory account (21064).
   9. $7,000,000 from the general fund to the enterprise fund, state fair
 account (50051).
   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
 S. 8305--B                         60
 
 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:
   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.
 S. 8305--B                         61
 
   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:
   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.
 S. 8305--B                         62
   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. Intentionally omitted.
   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).
   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).
   22. $6,600,000 from the general fund, to the New  York  state  medical
 indemnity fund (22240).
   23.  $175,000,000  from  the essential plan trust fund, to the general
 fund.
   Labor:
   1. $600,000 from the miscellaneous special revenue fund, DOL  fee  and
 penalty account (21923), to the child performer's protection fund, child
 performer protection account (20401).
   2.  $11,700,000  from  the unemployment insurance interest and penalty
 fund,  unemployment  insurance  special  interest  and  penalty  account
 (23601), to the general fund.
   3. $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).
 S. 8305--B                         63
 
   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. Intentionally omitted.
   10.  $1,000,000 from the general fund to the agencies internal service
 fund, neighborhood work project account (55059).
   11. $7,980,000 from the miscellaneous special  revenue  fund,  finger-
 print identification & technology account (21950), to the general fund.
   12. $1,100,000 from the state police motor vehicle law enforcement and
 motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
 theft and insurance fraud account (22801), to the general fund.
   13. $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. Intentionally omitted.
   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.
 S. 8305--B                         64
 
   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. $1,350,000,000 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.
   § 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.
 S. 8305--B                         65
   § 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.
   §  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.
   § 8-a. 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  $110,650,000  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.
 S. 8305--B                         66
 
   §  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
 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
 S. 8305--B                         67
 
 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.
   § 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
 S. 8305--B                         68
 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
 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).
 S. 8305--B                         69
 
   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.
   § 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
 S. 8305--B                         70
 
 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,
 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.
 S. 8305--B                         71
 
   § 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]  FOURTEEN  BILLION   NINE   HUNDRED   MILLION   DOLLARS
 $14,900,000,000,  plus  a  principal  amount of bonds issued to fund the
 debt service reserve fund in accordance with the  debt  service  reserve
 fund  requirement  established  by  the  agency  and  to  fund any other
 reserves that the agency reasonably deems necessary for the security  or
 marketability  of  such bonds and to provide for the payment of fees and
 other charges and expenses, including  underwriters'  discount,  trustee
 and rating agency fees, bond insurance, credit enhancement and liquidity
 enhancement  related to the issuance of such bonds and notes. No reserve
 fund securing the housing program bonds shall be entitled or eligible to
 receive state funds apportioned or appropriated to maintain  or  restore
 such  reserve  fund at or to a particular level, except to the extent of
 any deficiency resulting directly or indirectly from a  failure  of  the
 state to appropriate or pay the agreed amount under any of the contracts
 provided for in subdivision four of this section.
   §  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
 S. 8305--B                         72
 
 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
 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]
 TWELVE BILLION FOUR HUNDRED EIGHT MILLION DOLLARS $12,408,000,000.   The
 legislature  reserves  the  right to amend or repeal such limit, and the
 state of New York, the dormitory authority, the city university, and the
 fund are prohibited from covenanting or making any other agreements with
 or for the benefit of bondholders which might in  any  way  affect  such
 right.
 S. 8305--B                         73
 
   §  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   TWENTY-ONE   MILLION  DOLLARS
 $421,000,000.
   § 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] NINETEEN BILLION SIX  HUNDRED  MILLION
 DOLLARS  $19,600,000,000;  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 universi-
 ty  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
 S. 8305--B                         74
 
 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
 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
 S. 8305--B                         75
 
 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
 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
 S. 8305--B                         76
 
 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-
 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
 S. 8305--B                         77
 
 (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 NINE HUNDRED TWO MILLION  FIVE
 HUNDRED  EIGHTY-SEVEN  THOUSAND  DOLLARS $14,902,587,000 cumulatively by
 the end of fiscal year [2023-24] 2024-25.  For purposes of this subdivi-
 sion, such projects shall be deemed to include capital grants to cities,
 towns and villages for the reimbursement of eligible  capital  costs  of
 local  highway and bridge projects within such municipality, where allo-
 cations to cities, towns and villages are based on the total  number  of
 New  York  or United States or interstate signed touring route miles for
 which such municipality  has  capital  maintenance  responsibility,  and
 where  such eligible capital costs include the costs of construction and
 repair of  highways,  bridges,  highway-railroad  crossings,  and  other
 transportation  facilities for projects with a service life of ten years
 or more.
   § 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
 S. 8305--B                         78
 
 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  EIGHT  HUNDRED
 NINETY-SIX  MILLION  SEVEN HUNDRED TEN THOUSAND DOLLARS $10,896,710,000,
 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
 S. 8305--B                         79
 
 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.
   § 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]  SIXTEEN BILLION TWO HUNDRED FORTY-THREE
 MILLION  THREE  HUNDRED  SIXTY-NINE  THOUSAND  DOLLARS  $16,243,369,000,
 excluding  bonds  issued to fund one or more debt service reserve funds,
 to pay costs of issuance of such bonds, and to refund or otherwise repay
 such bonds or notes previously issued.  Such  bonds  and  notes  of  the
 authority, the dormitory authority and the urban development corporation
 shall  not  be  a  debt  of the state, and the state shall not be liable
 thereon, nor shall they be payable out of any  funds  other  than  those
 appropriated  by the state to the authority, the dormitory authority and
 the urban development corporation for principal, interest,  and  related
 expenses  pursuant  to a service contract and such bonds and notes shall
 contain on the face thereof a  statement  to  such  effect.  Except  for
 purposes  of  complying  with  the  internal  revenue code, any interest
 S. 8305--B                         80
 
 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
 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]  NINETEEN  BILLION NINE HUNDRED
 EIGHTY-SIX   MILLION   ONE   HUNDRED   NINETY-FOUR   THOUSAND    DOLLARS
 $19,986,194,000, 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  corpo-
 ration  shall  not  be  a  debt of the state, and the state shall not be
 liable thereon, nor shall they be payable out of any  funds  other  than
 those  appropriated  by  the  state  to  the dormitory authority and the
 corporation for principal, interest, and related expenses pursuant to  a
 service  contract  and  such  bonds  and notes shall contain on the face
 thereof a statement to such effect.   Except for purposes  of  complying
 with  the  internal  revenue  code,  any  interest income earned on bond
 proceeds shall only be used to pay debt service on such bonds.
 S. 8305--B                         81
 
   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,
 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:
 S. 8305--B                         82
 
   (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,
 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]   FOUR   HUNDRED   MILLION   DOLLARS
 $400,000,000, excluding bonds issued to fund one or  more  debt  service
 reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
 notes issued to refund or otherwise repay such bonds or notes previously
 issued. Such bonds and notes of the dormitory authority  and  the  urban
 development  corporation shall not be a debt of the state, and the state
 shall not be liable thereon, nor shall they be payable out of any  funds
 other  than  those  appropriated by the state to the dormitory authority
 and the urban  development  corporation  for  principal,  interest,  and
 related expenses pursuant to a service contract and such bonds and notes
 shall contain on the face thereof a statement to such effect. Except for
 purposes  of  complying  with  the  internal  revenue code, any interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   § 45-a. Paragraph (b) of subdivision 3 and clause (B) of  subparagraph
 (iii)  of paragraph (j) of subdivision 4 of section 1 of part D of chap-
 ter 63 of the laws of 2005, relating to the composition and responsibil-
 ities of the New York state  higher  education  capital  matching  grant
 S. 8305--B                         83
 
 board,  as amended by section 48 of part PP of chapter 56 of the laws of
 2023, are amended to read as follows:
   (b)  Within amounts appropriated therefor, the board is hereby author-
 ized and directed to  award  matching  capital  grants  totaling  [three
 hundred  eighty-five million dollars, $385,000,000] FOUR HUNDRED TWENTY-
 FIVE MILLION DOLLARS $425,000,000.  Each college shall be eligible for a
 grant award amount as determined by the calculations pursuant to  subdi-
 vision  five of this section. In addition, such colleges shall be eligi-
 ble to compete for additional funds pursuant to paragraph (h) of  subdi-
 vision four of this section.
   (B)  The  dormitory authority shall not issue any bonds or notes in an
 amount  in  excess  of  [three  hundred  eighty-five  million   dollars,
 $385,000,000]  FOUR HUNDRED TWENTY-FIVE MILLION DOLLARS $425,000,000 for
 the purposes of this section; excluding bonds or notes  issued  to  fund
 one or more debt service reserve funds, to pay costs of issuance of such
 bonds, and bonds or notes issued to refund or otherwise repay such bonds
 or  notes  previously  issued. Except for purposes of complying with the
 internal revenue code, any interest on bond proceeds shall only be  used
 to pay debt service on such bonds.
   §  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 New York state medical
 care  facilities  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--B                         84
 
 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).
   § 49. Intentionally omitted.
 S. 8305--B                         85
 
   § 50. Intentionally omitted.
   §  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
 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. Intentionally omitted.
   § 54. Intentionally omitted.
   § 55. Intentionally omitted.
   § 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
 S. 8305--B                         86
 
 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, PROVIDED SUCH BONDS ISSUED PURSUANT TO THIS SECTION HAVE SUBSTAN-
 TIALLY  LEVEL  OR  DECLINING  DEBT  SERVICE  PAYMENTS, and (B) any bonds
 issued to refund such bonds and notes may be issued with a maximum matu-
 rity of fifty years from the respective date  of  original  issuance  of
 such  bonds  and  notes, PROVIDED SUCH REFUNDING ACHIEVES AN ACTUAL DEBT
 SERVICE SAVINGS IN EACH YEAR DURING  THE  TERM  TO  MATURITY  AND  TOTAL
 SAVINGS ON A PRESENT VALUE BASIS.
   §  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
 
                           Intentionally Omitted
 
                                  PART Z
   Section 1. This act shall be known and may be  cited  as  the  "Doctor
 John L. Flateau Voting and Elections Database and Academic Center of New
 York Act".
   § 2. The election law is amended by adding a new section 3-112 to read
 as follows:
   §  3-112.  STATE  BOARD OF ELECTIONS; UNIFORM STANDARDS FOR PROCESSING
 DATA REQUESTS AND DUTY TO SEND DATA AND INFORMATION TO  STATEWIDE  DATA-
 BASE. 1.  FOR THE PURPOSES OF THIS SECTION:
   (A)  THE  TERM  "ELECTION  AUTHORITY"  SHALL MEAN ANY LOCAL GOVERNMENT
 ENTITY PRIMARILY RESPONSIBLE FOR MAINTAINING THE RECORDS LISTED IN  THIS
 SECTION,  INCLUDING,  BUT  NOT  LIMITED  TO, ANY COUNTY OR CITY BOARD OF
 ELECTION, OR ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR  OTHER
 DISTRICT  ORGANIZED PURSUANT TO STATE OR LOCAL LAW THAT ADMINISTER THEIR
 OWN ELECTIONS OR MAINTAIN THEIR OWN VOTING AND ELECTION RECORDS.
   (B) THE TERM "NEW YORK VOTING AND  ELECTIONS  ACADEMIC  CENTER"  SHALL
 MEAN THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER ESTABLISHED UNDER
 ARTICLE ONE HUNDRED SEVENTEEN OF THE EDUCATION LAW.
   1-A.  THERE  IS HEREBY ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS
 THE NEW YORK VOTING AND ELECTIONS DATABASE. SUCH  DATABASE  SHALL  BE  A
 CENTRAL REPOSITORY OF CERTAIN ELECTIONS AND VOTING DATA AVAILABLE TO THE
 PUBLIC  FROM  AN  ELECTION  AUTHORITY  IN  THE STATE. THE STATE BOARD OF
 ELECTIONS SHALL COLLECT, HOST, AND  MAINTAIN  IN  AN  ELECTRONIC  FORMAT
 RECORDS  PROVIDED  TO  THE  STATE  BOARD  OF  ELECTIONS PURSUANT TO THIS
 SECTION. SUCH RECORDS SHALL BE MAINTAINED FOR AT LEAST TWELVE YEARS.
   1-B. THE STATE BOARD OF ELECTIONS, IN CONSULTATION WITH THE  CO-DIREC-
 TORS  OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER SHALL PROMUL-
 GATE REGULATIONS WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF
 S. 8305--B                         87
 
 THIS SECTION ON DATA STANDARDS FOR THE METHOD OF PROCESSING  AND  TRANS-
 MITTING  RECORDS  REQUIRED TO BE PROVIDED PURSUANT TO THIS SECTION. SUCH
 DATA STANDARDS PROMULGATED BY THE STATE BOARD OF ELECTIONS  PURSUANT  TO
 THIS SUBDIVISION SHALL:
   (A) BE CONSISTENT WITH ANY RELEVANT STANDARDS, GUIDELINES, OR GUIDANCE
 DEVELOPED  BY  THE  NATIONAL  INSTITUTE OF STANDARDS AND TECHNOLOGY, THE
 ELECTION ASSISTANCE COMMISSION, OR THE CYBERSECURITY AND  INFRASTRUCTURE
 SECURITY AGENCY; AND
   (B) APPLY TO EVERY ELECTION AUTHORITY IN THE STATE.
   2.  UPON  THE  CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF
 THE VOTER HISTORY FILE AFTER EVERY  ELECTION,  EACH  ELECTION  AUTHORITY
 SHALL,  BY  JANUARY  FIRST  AFTER  SUCH ELECTION, OR WITHIN TEN BUSINESS
 DAYS, WHICHEVER IS LATER, TRANSMIT TO THE STATE BOARD OF  ELECTIONS,  IF
 SUCH  ELECTION  AUTHORITY IS ABLE TO MAINTAIN THE RECORD, COPIES OF: (A)
 ELECTION RESULTS AT THE ELECTION  DISTRICT  LEVEL  FOR  EVERY  STATEWIDE
 ELECTION  AND EVERY ELECTION IN EVERY POLITICAL SUBDIVISION; (B) CONTEM-
 PORANEOUS VOTER REGISTRATION LISTS; (C) VOTER HISTORY FILES; (D) MAPS OR
 OTHER DOCUMENTATION OF THE CONFIGURATION OF DISTRICTS IN ANY  FORMAT  OR
 FORMATS AS SPECIFIED BY THE STATE BOARD OF ELECTIONS; (E) TABULATIONS OF
 THE NUMBER OF VALID AND INVALID AFFIDAVIT BALLOTS, THE REASONS FOR WHICH
 AFFIDAVIT  BALLOTS  WERE  INVALID,  AND  THE QUANTITY AND DISPOSITION OF
 AFFIDAVIT BALLOTS SUBJECT TO THE CURE PROCEDURE PRESCRIBED  BY  SUBDIVI-
 SION  THREE  OF  SECTION  9-209  OF THIS CHAPTER; (F) TABULATIONS OF THE
 NUMBER OF VALID AND INVALID ABSENTEE  BALLOTS,  THE  REASONS  FOR  WHICH
 ABSENTEE  BALLOTS  WERE  INVALID  AND  THE  QUANTITY OF ABSENTEE BALLOTS
 INVALID FOR EACH SUCH REASON, AND THE QUANTITY AND DISPOSITION OF ABSEN-
 TEE BALLOTS SUBJECT TO THE  CURE  PROCEDURE  PRESCRIBED  BY  SUBDIVISION
 THREE  OF  SECTION 9-209 OF THIS CHAPTER; (G) LISTS OF ELECTION DAY POLL
 SITES AND EARLY VOTING SITES AND MAPS  OR  OTHER  DOCUMENTATION  OF  THE
 CONFIGURATION  OF DISTRICTS IN ANY FORMAT OR FORMATS AS SPECIFIED BY THE
 STATE BOARD OF ELECTIONS OF THE  ELECTION  DISTRICTS  ASSIGNED  TO  EACH
 ELECTION  DAY POLL SITE OR EARLY VOTING SITE; (H) ADOPTED DISTRICTING OR
 REDISTRICTING PLANS FOR EVERY ELECTION IN EVERY  POLITICAL  SUBDIVISION;
 AND  (I)  ANY  OTHER  PUBLICLY  AVAILABLE DATA AS REQUESTED BY THE STATE
 BOARD OF ELECTIONS. NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO
 REQUIRE AN ELECTION AUTHORITY TO CREATE OR OTHERWISE PROVIDE A RECORD IT
 IS  NOT  CAPABLE  OF COLLECTING. WITHIN SIXTY DAYS OF RECEIPT OF RECORDS
 PURSUANT TO THIS SECTION, THE NEW YORK  VOTING  AND  ELECTIONS  DATABASE
 SHALL  POST  SUCH  RECORDS  TO  ITS PUBLIC FACING WEBSITE, PROVIDED THAT
 INDIVIDUAL VOTER REGISTRATION RECORDS SHALL NOT BE PUBLISHED,  BUT  ONLY
 MADE  AVAILABLE  TO THE PUBLIC UPON REQUEST. NO COST SHALL BE CHARGED TO
 ACCESS SUCH RECORDS.  THE STATE BOARD OF ELECTIONS SHALL PROVIDE THE NEW
 YORK VOTING AND ELECTIONS ACADEMIC CENTER WITH FULL ACCESS TO SUCH DATA-
 BASE.
   3. THE STATE BOARD OF ELECTIONS SHALL PROVIDE THE NEW YORK VOTING  AND
 ELECTIONS  ACADEMIC CENTER WITH READ-ONLY ACCESS TO THE NON-CONFIDENTIAL
 FIELDS OF THE STATEWIDE VOTER DATABASE OR ANY SIMILAR  SUCCESSOR  STATE-
 WIDE VOTER REGISTRATION DATABASE.
   4.  EVERY  SIX  MONTHS,  THE  STATE BOARD OF ELECTIONS SHALL DETERMINE
 WHICH ELECTION AUTHORITIES HAVE FAILED TO TRANSMIT RECORDS TO THE  STATE
 BOARD  OF ELECTIONS PURSUANT TO THIS SECTION AND SHALL PUBLISH A LIST OF
 SUCH ELECTION AUTHORITIES. THE ATTORNEY GENERAL, THE CO-DIRECTORS OF THE
 NEW YORK VOTING AND  ELECTIONS  ACADEMIC  CENTER,  THE  STATE  BOARD  OF
 ELECTIONS,  OR  ANY  PERSON  OR  ORGANIZATION  WHO  WILL MAKE USE OF THE
 RECORDS COLLECTED BY THE NEW YORK VOTING ELECTIONS AND DATABASE MAY FILE
 AN ACTION AGAINST ANY ELECTION AUTHORITY TO ENFORCE COMPLIANCE WITH  THE
 S. 8305--B                         88
 
 REQUIREMENTS  OF THIS SECTION. AN ELECTION AUTHORITY THAT IS INCLUDED IN
 A LIST OF NONCOMPLYING ELECTION AUTHORITIES PUBLISHED BY THE STATE BOARD
 OF ELECTIONS UNDER THIS SUBDIVISION THREE TIMES WITHIN  THE  IMMEDIATELY
 PRECEDING  FIVE-YEAR  PERIOD SHALL BE CONSIDERED COVERED ENTITIES WITHIN
 THE MEANING OF SUBDIVISION THREE OF SECTION 17-210 OF THIS CHAPTER.
   § 3. The education law is amended by adding a new article 117 to  read
 as follows:
                                ARTICLE 117
               NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER
 SECTION 5801. STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS.
         5802. ESTABLISHMENT OF THE NEW YORK VOTING AND ELECTIONS ACADEM-
                 IC CENTER.
         5803. FUNCTION  OF  THE  NEW  YORK VOTING AND ELECTIONS ACADEMIC
                 CENTER.
         5804. CO-DIRECTORS ON VOTING AND ELECTIONS.
         5805. ANNUAL REPORT.
   § 5801. STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS.  NEW  YORK'S
 EXISTING SYSTEM OF VOTING AND ELECTION ADMINISTRATION HAS DEVELOPED OVER
 THE  COURSE  OF  TWO  CENTURIES  AND HAS EVOLVED IN RESPONSE TO CHANGING
 UNDERSTANDINGS OF CIVIL RIGHTS AND THE IMPORTANCE OF  EQUITABLE  PARTIC-
 IPATION  IN  GOVERNMENT.  THE  LEGISLATURE  HEREBY FINDS THAT EQUITABLE,
 EFFICIENT, AND ACCOUNTABLE ELECTIONS REQUIRE TRANSPARENCY  AND  RELIABLE
 DATA TO BETTER INFORM THE PUBLIC AND THE LEGISLATIVE PROCESS IN DECISION
 MAKING REGARDING ELECTION ADMINISTRATION AND VOTING RIGHTS IN THE STATE.
 THEREFORE,  THE  LEGISLATURE  FINDS THAT IT IS IN THE PUBLIC INTEREST TO
 ESTABLISH A CENTRAL INSTITUTION  TO  REDUCE  THE  BURDEN  ON  BOARDS  OF
 ELECTIONS, LOCAL GOVERNMENTS AND SCHOOL DISTRICTS WITH REGARD TO STORING
 AND  SHARING  ELECTION  DATA,  PROVIDE A NONPARTISAN AND ACCURATE SET OF
 DATA  THAT  THE  PUBLIC  CAN  RELY  UPON,  ENCOURAGE  THE  ENACTMENT  OF
 EVIDENCE-BASED  ELECTION POLICIES AND LEGISLATION, AND IMPROVE TRANSPAR-
 ENCY AND ALLOW VOTERS TO DETECT INEQUITABLE ELECTION POLICIES AND RACIAL
 DISCRIMINATION.
   § 5802. ESTABLISHMENT OF THE NEW YORK VOTING  AND  ELECTIONS  ACADEMIC
 CENTER.  THERE IS HEREBY ESTABLISHED JOINTLY WITHIN THE STATE UNIVERSITY
 OF NEW YORK AND CITY UNIVERSITY OF NEW YORK  THE  NEW  YORK  VOTING  AND
 ELECTIONS ACADEMIC CENTER, REFERRED TO IN THIS ARTICLE AS THE CENTER, TO
 FOSTER, PURSUE, AND SPONSOR RESEARCH ON EXISTING LAWS AND BEST PRACTICES
 IN  VOTING  AND  ELECTIONS. FOR THE PURPOSES OF THIS SECTION, "POLITICAL
 SUBDIVISION" SHALL MEAN A GEOGRAPHIC AREA OF REPRESENTATION CREATED  FOR
 THE  PROVISION  OF GOVERNMENT SERVICES, INCLUDING, BUT NOT LIMITED TO, A
 COUNTY, CITY, TOWN, VILLAGE, SCHOOL  DISTRICT,  OR  ANY  OTHER  DISTRICT
 ORGANIZED  PURSUANT  TO STATE OR LOCAL LAW. THE STATE BOARD OF ELECTIONS
 AND ITS MEMBERS MAY ADVISE AND CONSULT BUT SHALL NOT INTERFERE WITH  THE
 ACADEMIC ACTIVITIES OF SUCH CENTER. SUCH CENTER SHALL NOT: (A) ENGAGE IN
 QUALIFYING  VOTERS;  (B)  DISTRIBUTE  BALLOTS  TO  VOTERS;  (C) RECEIVE,
 RECORD, OR COUNT VOTES AT ELECTION; OR (D) PERFORM ANY OTHER  ACTIVITIES
 SUBJECT  TO SECTION EIGHT OF ARTICLE TWO OF THE NEW YORK STATE CONSTITU-
 TION.
   § 5803. FUNCTION OF THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER.
 1. THE NEW YORK VOTING AND ELECTIONS ACADEMIC  CENTER  SHALL  PROVIDE  A
 CENTER  FOR  RESEARCH, AND RESEARCH METHODOLOGIES FOR ELECTION AND DEMO-
 GRAPHIC DATA. THE CENTER IS HEREBY EMPOWERED TO:
   (A) CONDUCT CLASSES BOTH FOR CREDIT AND NON-CREDIT;
   (B) ORGANIZE INTERDISCIPLINARY GROUPS OF SCHOLARS TO  RESEARCH  VOTING
 AND ELECTIONS IN THE STATE;
   (C) CONDUCT SEMINARS INVOLVING VOTING AND ELECTIONS;
 S. 8305--B                         89
 
   (D)  ASSIST  IN THE DISSEMINATION OF DATA FROM THE NEW YORK VOTING AND
 ELECTIONS DATABASE ESTABLISHED PURSUANT TO SECTION 3-112 OF THE ELECTION
 LAW TO THE PUBLIC;
   (E) PUBLISH SUCH BOOKS AND PERIODICALS AS IT SHALL DEEM APPROPRIATE ON
 VOTING AND ELECTIONS IN THE STATE; AND
   (F)  PROVIDE  NONPARTISAN  TECHNICAL  ASSISTANCE TO POLITICAL SUBDIVI-
 SIONS, SCHOLARS, AND THE GENERAL PUBLIC SEEKING TO USE THE RESOURCES  OF
 THE  NEW  YORK  VOTING  AND  ELECTIONS  DATABASE ESTABLISHED PURSUANT TO
 SECTION 3-112 OF THE ELECTION LAW.
   2. (A) DATA TO MAINTAIN.  THE  CENTER  SHALL  MAINTAIN  IN  ELECTRONIC
 FORMAT  AND  MAKE  AVAILABLE  TO THE PUBLIC ONLINE AT NO COST AT MINIMUM
 THE FOLLOWING DATA AND RECORDS FOR AT  LEAST  THE  PREVIOUS  TWELVE-YEAR
 PERIOD:
   (I)  ESTIMATES  OF  THE  TOTAL  POPULATION, VOTING AGE POPULATION, AND
 CITIZEN VOTING AGE POPULATION  BY  RACE,  COLOR,  AND  LANGUAGE-MINORITY
 GROUP,  BROKEN  DOWN  TO  THE  ELECTION DISTRICT LEVEL ON A YEAR-BY-YEAR
 BASIS FOR EVERY POLITICAL SUBDIVISION IN THE STATE, BASED ON  DATA  FROM
 THE  UNITED  STATES CENSUS BUREAU, AMERICAN COMMUNITY SURVEY, OR DATA OF
 COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE.
   (II) ESTIMATES OF VOTER TURNOUT BY RACE OR  HISPANIC  ORIGIN,  OR  ANY
 OTHER  MINIMUM  REPORTING CATEGORY AS THAT TERM IS DEFINED BY THE UNITED
 STATES CENSUS BUREAU, OR AGE FOR EVERY ELECTION CONDUCTED BY AN ELECTION
 AUTHORITY  IN  THE  STATE,  INCLUDING  WITHOUT  LIMITATION   BOARDS   OF
 ELECTIONS,  POLITICAL  SUBDIVISIONS  THAT  CONDUCT  ELECTIONS  UNDER THE
 ELECTION LAW, POLITICAL SUBDIVISIONS THAT CONDUCT THEIR ELECTIONS  UNDER
 THIS  CHAPTER,  OR ANY ASSESSING UNITS AS DEFINED BY SECTION ONE HUNDRED
 TWO OF THE REAL PROPERTY TAX LAW. THE CENTER SHALL PRIORITIZE  PRODUCING
 TURNOUT ESTIMATES IN ELECTIONS FOR STATE OR COUNTY OFFICE.
   (III)  FOR  PURPOSES  OF ENABLING COMPLIANCE WITH THE REQUIREMENTS FOR
 PROVIDING ASSISTANCE TO LANGUAGE-MINORITY GROUPS IN  SECTION  17-208  OF
 THE  ELECTION  LAW,  ESTIMATES  OF  CITIZENS  OF  VOTING AGE WHO SPEAK A
 LANGUAGE OTHER THAN ENGLISH AND ARE LIMITED ENGLISH PROFICIENT, BASED ON
 DATA FROM THE UNITED STATES CENSUS BUREAU, AMERICAN COMMUNITY SURVEY, OR
 DATA OF COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE,  AT  THE  POLI-
 TICAL  SUBDIVISION  LEVEL  FOR  EVERY POLITICAL SUBDIVISION THAT CONDUCT
 ELECTIONS UNDER THE ELECTION LAW OR POLITICAL SUBDIVISIONS THAT  CONDUCT
 THEIR  ELECTIONS  UNDER THIS CHAPTER. TO THE EXTENT POSSIBLE, THE CENTER
 SHALL ALSO GENERATE SUCH ESTIMATES FOR ANY ASSESSING UNITS AS DEFINED BY
 SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW.
   (IV) ANY OTHER ESTIMATES OR ANALYTICAL DATA PRODUCTS THAT  A  DIRECTOR
 DEEMS ADVISABLE IN FURTHERANCE OF THE PURPOSES OF SUCH CENTER.
   (V) THE STATE BOARD OF ELECTIONS OR OFFICE OF THE ATTORNEY GENERAL MAY
 REQUEST ADDITIONAL ESTIMATES OR ANALYTICAL DATA PRODUCTS.
   (B)  PUBLIC AVAILABILITY OF DATA. EXCEPT FOR ANY DATA, INFORMATION, OR
 ESTIMATES THAT IDENTIFIES INDIVIDUAL VOTERS, THE DATA, INFORMATION,  AND
 ESTIMATES  MAINTAINED  BY  THE STATEWIDE DATABASE SHALL BE POSTED ONLINE
 AND MADE AVAILABLE TO THE PUBLIC AT NO COST.
   (C) DATA ON RACE, COLOR, AND LANGUAGE-MINORITY GROUPS.  THE  STATEWIDE
 DATABASE  AND  CENTER  SHALL PREPARE ANY ESTIMATES MADE PURSUANT TO THIS
 SECTION BY APPLYING ADVANCED,  PEER-REVIEWED,  AND  VALIDATED  METHODOL-
 OGIES.
   (D)  TO THE EXTENT PRACTICAL, THE CENTER SHALL PROVIDE REGULAR UPDATES
 TO THEIR ESTIMATES AND ANALYTICAL  DATA  PRODUCTS,  PROVIDED  THAT  SUCH
 UPDATES  SHALL  OCCUR  NO  LESS FREQUENTLY THAN ONCE EACH YEAR, WITH THE
 EXCEPTION OF THE ESTIMATES PRODUCED FOR THE PURPOSE OF ENABLING  COMPLI-
 ANCE WITH THE REQUIREMENTS FOR PROVIDING ASSISTANCE TO LANGUAGE-MINORITY
 S. 8305--B                         90
 
 GROUPS  IN  SECTION  17-208  OF  THE  ELECTION LAW, WHICH SHALL BE FIRST
 PUBLISHED AT LEAST SIX MONTHS  PRIOR  TO  THE  EFFECTIVE  DATE  OF  THAT
 SECTION AND PUBLISHED AT FIVE YEAR INTERVALS THEREAFTER.
   §  5804. CO-DIRECTORS ON VOTING AND ELECTIONS. 1. TWO CO-DIRECTORS ARE
 HEREBY ESTABLISHED IN THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER.
 ONE CO-DIRECTOR SHALL BE WITHIN BINGHAMTON UNIVERSITY.  ONE  CO-DIRECTOR
 SHALL  BE  WITHIN  THE GRADUATE SCHOOL AND UNIVERSITY CENTER OF THE CITY
 UNIVERSITY OF NEW YORK, PROVIDED THAT THE CO-DIRECTOR MAY HAVE A PRIMARY
 APPOINTMENT AT ANOTHER INSTITUTION OF THE CITY UNIVERSITY OF  NEW  YORK.
 THE  LEADERSHIP  OF  THE CENTER SHALL ALSO INCLUDE TWO DEPUTY DIRECTORS,
 ONE FROM BINGHAMTON UNIVERSITY AND ONE FROM MEDGAR EVERS COLLEGE.
   2. THE ROLES AND RESPONSIBILITIES OF EACH LEADERSHIP POSITION SHALL BE
 AS FOLLOWS:
   (A) THE CO-DIRECTORS SHALL  BE  RESPONSIBLE  FOR  OVERALL  LEADERSHIP,
 STRATEGIC  DIRECTION,  AND COORDINATION OF SUCH ACADEMIC CENTER'S ACTIV-
 ITIES. THE CO-DIRECTOR SHALL  BE  APPOINTED  BY  THE  PROVOST  OF  THEIR
 RESPECTIVE  INSTITUTIONS  AND  SHALL SERVE A TERM OF NO LONGER THAN FIVE
 YEARS, WITH THE POSSIBILITY OF REAPPOINTMENT.
   (B) THE DEPUTY DIRECTORS SHALL SUPPORT THE  CO-DIRECTORS  IN  MANAGING
 THE  CENTER'S  PROGRAMS  AND  PROJECTS.  THE  DEPUTY  DIRECTORS SHALL BE
 APPOINTED BY THE PROVOSTS OF THEIR  RESPECTIVE  INSTITUTIONS  AND  SHALL
 SERVE  A  TERM  OF NO LONGER THAN FIVE YEARS. UPON THE SUGGESTION OF THE
 APPOINTING PROVOST, A CO-DIRECTOR OR DEPUTY DIRECTOR MAY BE REMOVED  FOR
 CAUSE  PRIOR  TO THE EXPIRATION OF THEIR TERM BY A VOTE OF AT LEAST FIVE
 MEMBERS OF THE CENTER'S ADVISORY PANEL.
   3. (A) THERE SHALL BE AN ADVISORY PANEL FOR THE CENTER  CONSISTING  OF
 SEVEN  VOTING  MEMBERS. THE CO-DIRECTORS OF THE CENTER SHALL SERVE AS EX
 OFFICIO MEMBERS OF THE PANEL. THE PANEL SHALL MEET AT LEAST ANNUALLY  TO
 REVIEW  THE PROGRESS AND PLANS OF THE CENTER AND PROVIDE GUIDANCE TO THE
 CO-DIRECTORS. THE PANEL SHALL ALSO REVIEW AND APPROVE THE PROPOSED ALLO-
 CATION OF FUNDS WITHIN THE CENTER.
   (B) SUCH VOTING MEMBERS SHALL BE APPOINTED AS FOLLOWS:
   (I) THE PROVOST AT BINGHAMTON UNIVERSITY SHALL APPOINT TWO MEMBERS  OF
 THE PANEL FROM AMONG THE FACULTY OF THE STATE UNIVERSITY OF NEW YORK. AT
 LEAST  ONE PANELIST APPOINTED BY THE BINGHAMTON UNIVERSITY PROVOST SHALL
 HAVE A PRIMARY APPOINTMENT THAT IS NOT AT  BINGHAMTON  UNIVERSITY.  BOTH
 PANELISTS  APPOINTED UNDER THIS PROVISION SHALL HOLD THE RANK OF ASSIST-
 ANT PROFESSOR OR HIGHER.
   (II) THE PROVOST AT THE GRADUATE SCHOOL AND UNIVERSITY CENTER  OF  THE
 CITY  UNIVERSITY OF NEW YORK SHALL APPOINT TWO MEMBERS OF THE PANEL FROM
 AMONG THE FACULTY OF THE CITY UNIVERSITY  OF  NEW  YORK.  AT  LEAST  ONE
 PANELIST  APPOINTED BY THE PROVOST OF THE GRADUATE SCHOOL AND UNIVERSITY
 CENTER AT THE CITY UNIVERSITY OF NEW YORK SHALL HAVE A PRIMARY  APPOINT-
 MENT  AT  THE  MEDGAR EVERS COLLEGE. BOTH PANELISTS APPOINTED UNDER THIS
 PROVISION SHALL HOLD THE RANK OF ASSISTANT PROFESSOR OR HIGHER.
   (III) THE STATE BOARD OF ELECTIONS SHALL APPOINT TWO  MEMBERS  OF  THE
 PANEL,  ONE  EACH  FILLED  BY THE DESIGNEES OF THE TWO POLITICAL PARTIES
 REPRESENTED IN THE LEADERSHIP OF THE STATE BOARD OF ELECTIONS.
   (IV) THE ATTORNEY GENERAL SHALL APPOINT ONE MEMBER OF THE PANEL.
   (C) EACH PANELIST SHALL SERVE A TERM OF THREE YEARS WITH THE POSSIBIL-
 ITY OF REAPPOINTMENT. PANELISTS SHALL BE ELIGIBLE FOR REIMBURSEMENTS FOR
 REASONABLE COSTS INCURRED IN PERFORMING  THEIR  DUTIES.  THE  APPOINTING
 AUTHORITY FOR EACH PANELIST SEAT SHALL HAVE THE AUTHORITY TO FILL VACAN-
 CIES  OR TO REMOVE A PANELIST FOR CAUSE PRIOR TO THE EXPIRATION OF THEIR
 TERM. SUCH VACANCIES SHALL BE FILLED FOR THE REMAINDER OF SUCH TERM.
 S. 8305--B                         91
 
   § 5805. ANNUAL REPORT. NOT LATER THAN NINETY DAYS FOLLOWING THE END OF
 THE STATE FISCAL YEAR THE NEW YORK VOTING AND ELECTIONS ACADEMIC  CENTER
 SHALL  ANNUALLY  SUBMIT  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT ON  THE  PRIORITIES  AND
 FINANCES  OF  THE  NEW  YORK  VOTING  AND ELECTIONS ACADEMIC CENTER. THE
 REPORT SHALL SUMMARIZE THE ACTIVITIES OF THE CENTER DURING THE PRECEDING
 STATE FISCAL YEAR AND SHALL ADDRESS TOPICS INCLUDING,  BUT  NOT  LIMITED
 TO:  (A)  THE  COLLECTION,  MAINTENANCE,  AND  DISSEMINATION OF RELEVANT
 RECORDS; (B) EDUCATIONAL,  SCHOLARLY,  OR  ACADEMIC  ACTIVITIES  OF  THE
 CENTER;  (C)  COMPLIANCE BY POLITICAL SUBDIVISIONS WITH THE REQUIREMENTS
 OF SECTION 3-112 OF THE ELECTION LAW AND ANY  ENFORCEMENT  ACTIONS;  AND
 (D)  ANY  OUTSTANDING CHALLENGES TO THE ACHIEVEMENT OF THE OBJECTIVES OF
 THE CENTER UNDER THIS ARTICLE.
   § 4. The civil practice law and rules is amended by adding a new  rule
 4551 to read as follows:
   RULE  4551.  NEW  YORK  VOTING AND ELECTIONS DATABASE AND THE NEW YORK
 VOTING AND ELECTIONS ACADEMIC  CENTER.  THE  DATA,  INFORMATION,  AND/OR
 ESTIMATES  MAINTAINED  BY  THE  NEW  YORK  VOTING AND ELECTIONS DATABASE
 AND/OR NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER SHALL BE GRANTED  A
 REBUTTABLE  PRESUMPTION  OF  VALIDITY  BY ANY COURT CONCERNING ANY CLAIM
 BROUGHT.
   § 5. The education law is amended by adding a new section 2614 to read
 as follows:
   § 2614. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING
 AND ELECTIONS DATABASE. UPON THE CERTIFICATION OF ELECTION  RESULTS  AND
 THE  COMPLETION  OF  THE  VOTER  HISTORY  FILE AFTER EACH ELECTION, EACH
 SCHOOL DISTRICT THAT HOLDS ELECTIONS  PURSUANT  TO  THIS  ARTICLE  SHALL
 TRANSMIT  COPIES  OF  RECORDS  REQUIRED  TO  BE  TRANSMITTED PURSUANT TO
 SECTION 3-112 OF THE ELECTION LAW IN A MANNER AND TIME PROVIDED  FOR  IN
 SUCH SECTION.
   §  6. Section 2038 of the education law is renumbered section 2039 and
 a new section 2038 is added to read as follows:
   § 2038. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING
 AND ELECTIONS DATABASE. UPON THE CERTIFICATION OF ELECTION  RESULTS  AND
 THE  COMPLETION  OF  THE  VOTER  HISTORY  FILE AFTER EACH ELECTION, EACH
 SCHOOL DISTRICT THAT HOLDS SCHOOL BOARD ELECTIONS PURSUANT TO THIS ARTI-
 CLE SHALL TRANSMIT COPIES OF THE  RECORDS  REQUIRED  TO  BE  TRANSMITTED
 PURSUANT  TO  SECTION  3-112  OF  THE  ELECTION LAW IN A MANNER AND TIME
 PROVIDED FOR IN SUCH SECTION.
   § 7. Section 2553 of the education law is  amended  by  adding  a  new
 subdivision 2-a to read as follows:
   2-A.  UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF
 THE VOTER HISTORY FILE AFTER EACH ELECTION, EACH  SCHOOL  DISTRICT  THAT
 HOLDS  SCHOOL  BOARD  ELECTIONS  PURSUANT TO THIS ARTICLE SHALL TRANSMIT
 COPIES OF THE RECORDS REQUIRED TO BE  TRANSMITTED  PURSUANT  TO  SECTION
 3-112  OF  THE  ELECTION  LAW  IN A MANNER AND TIME PROVIDED FOR IN SUCH
 SECTION.
   § 8. The election law is amended by adding a  new  section  15-140  to
 read as follows:
   §  15-140.  TRANSMISSION  OF  PUBLICLY  AVAILABLE DATA TO THE NEW YORK
 VOTING AND  ELECTIONS  DATABASE.  UPON  THE  CERTIFICATION  OF  ELECTION
 RESULTS  AND  THE  COMPLETION  OF  THE  VOTER  HISTORY  FILE  AFTER EACH
 ELECTION, EACH VILLAGE THAT HOLDS AN ELECTION NOT CONDUCTED BY  A  BOARD
 OF  ELECTIONS PURSUANT TO THIS ARTICLE SHALL TRANSMIT TO THE STATE BOARD
 OF ELECTIONS COPIES OF THE RECORDS REQUIRED TO BE  TRANSMITTED  PURSUANT
 S. 8305--B                         92
 
 TO  SECTION  3-112  OF THIS CHAPTER IN A MANNER AND TIME PROVIDED FOR IN
 SUCH SECTION.
   § 9. The state finance law is amended by adding a new section 97-ss to
 read as follows:
   §  97-SS. NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER FUND. 1. THERE
 IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER  AND
 THE  COMMISSIONER  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW
 YORK VOTING AND ELECTIONS ACADEMIC CENTER FUND.
   2. THE NEW YORK  VOTING  AND  ELECTIONS  ACADEMIC  CENTER  FUND  SHALL
 CONSIST  OF  ALL  MONEYS  CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
 FUND OR SOURCE, INCLUDING ANY FEDERAL, STATE, OR PRIVATE FUNDS, PURSUANT
 TO LAW FOR THE MAINTENANCE OF THE VOTING AND ELECTIONS DATABASE  REPOSI-
 TORY AND FOR RESEARCH CONDUCTED BY SUCH CENTER.
   3.  MONEYS  IN  THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER FUND
 MAY BE INVESTED BY THE COMPTROLLER PURSUANT TO SECTION NINETY-EIGHT-A OF
 THIS ARTICLE, AND ANY INCOME RECEIVED BY THE COMPTROLLER SHALL  BE  USED
 FOR THE PURPOSES OF SUCH FUND.
   4. THE MONEYS HELD IN OR CREDITED TO THE NEW YORK VOTING AND ELECTIONS
 ACADEMIC  CENTER  FUND  SHALL  BE EXPENDED FOR THE PURPOSES SET FORTH IN
 THIS SECTION, AND MAY NOT BE INTERCHANGED OR COMMINGLED WITH  ANY  OTHER
 ACCOUNT OR FUND BUT MAY BE COMMINGLED WITH ANY OTHER FUND OR ACCOUNT FOR
 INVESTMENT PURPOSES.
   5.  MONEYS  IN THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER FUND,
 FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE  AVAILABLE  TO  THE
 NEW  YORK STATE BOARD OF ELECTION FOR MAINTENANCE OF THE NEW YORK VOTING
 AND ELECTIONS DATABASE AS SET FORTH IN SECTION 3-112 OF THE ELECTION LAW
 AND THE NEW YORK VOTING AND ELECTIONS ACADEMIC CENTER FOR  RESEARCH  AND
 EDUCATION  PROGRAMS AS SET FORTH IN ARTICLE ONE HUNDRED SEVENTEEN OF THE
 EDUCATION LAW.
   § 10. Section 17-208 of the election law is amended  by  adding  three
 new subdivisions 6, 7, and 8 to read as follows:
   6. NOT LATER THAN SIX MONTHS BEFORE THE EFFECTIVE DATE OF THIS SECTION
 AND EVERY FIVE YEARS THEREAFTER, THE CO-DIRECTORS OF THE NEW YORK VOTING
 AND  ELECTIONS  ACADEMIC  CENTER  ESTABLISHED  PURSUANT  TO  ARTICLE ONE
 HUNDRED SEVENTEEN OF THE EDUCATION LAW SHALL PUBLISH A LIST OF:
   (A) EACH BOARD OF ELECTIONS OR POLITICAL SUBDIVISION THAT IS  REQUIRED
 TO  PROVIDE  LANGUAGE-RELATED  ASSISTANCE  IN VOTING AND ELECTIONS UNDER
 THAT SECTION; AND
   (B) EACH LANGUAGE IN WHICH SUCH ASSISTANCE SHALL BE PROVIDED  IN  EACH
 SUCH POLITICAL SUBDIVISION.
   7.  THE  ATTORNEY GENERAL SHALL ADOPT EACH SUCH LIST BY REGULATION AND
 SHALL PROVIDE THE INFORMATION CONTAINED THEREIN TO EACH  AFFECTED  BOARD
 OF ELECTIONS OR POLITICAL SUBDIVISION.
   8. THE ATTORNEY GENERAL SHALL PROMULGATE SUCH RULES AND REGULATIONS AS
 ARE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
   §  11. This act shall take effect April 1, 2026 and shall apply to any
 election on or after such date.    Provided,  however  that  if  section
 17-208  of  the election law as added by section 4 of chapter 226 of the
 laws of 2022 shall not have taken effect on or  before  such  date  then
 section  ten  of  this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2022 takes effect.  Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such date.
 
                                  PART AA
 S. 8305--B                         93
 
   Section 1. Legislative findings and intent.  As the official record of
 all eligible voters in a state, a state's voter registration  rolls  are
 the  foundation of free, fair, and accurate elections. Illegal voting is
 exceedingly rare but maintaining accurate voter rolls reduces the oppor-
 tunity  for  such  behavior  and  it  helps build confidence in election
 outcomes. However, keeping  voter  rolls  up  to  date  is  a  challenge
 because, every day, voters move or die. Voters do not always remember to
 update their registration when they move. These challenges are especial-
 ly  acute  in  states  with large and highly mobile populations. Partic-
 ipation in a multistate voter list maintenance organization can  improve
 the  accuracy of New York's voter registration rolls. A multistate voter
 list maintenance organization is a coordinating  entity  between  states
 that  aids  them  in identifying voters who may no longer be eligible to
 vote, who have moved, or who have died. A voter list maintenance  organ-
 ization  may  also  offer  other  information  useful to improving voter
 registration or enhancing the integrity of election administration.
   § 2. Article 5 of the election law is amended by adding a new title 10
 to read as follows:
                                  TITLE X
  MULTISTATE VOTER LIST MAINTENANCE ORGANIZATION MEMBERSHIP AUTHORIZATION
 SECTION 5-1000. JOINING A MULTISTATE VOTER  LIST  MAINTENANCE  ORGANIZA-
                   TION.
         5-1001. DESIGNATING A MEMBER REPRESENTATIVE.
         5-1002. AUTHORIZATION  TO SHARE REGISTRATION RECORDS WITH MULTI-
                   STATE VOTER LIST MAINTENANCE ORGANIZATION.
         5-1003. USE OF INFORMATION FROM A MULTISTATE VOTER LIST  MAINTE-
                   NANCE ORGANIZATION.
   §  5-1000.  JOINING  A MULTISTATE VOTER LIST MAINTENANCE ORGANIZATION.
 THE STATE BOARD OF ELECTIONS SHALL JOIN THE STATE AS A MEMBER IN ONE  OR
 MORE  MULTISTATE VOTER LIST MAINTENANCE ORGANIZATIONS INCLUDING, BUT NOT
 LIMITED TO,  THE  ELECTRONIC  REGISTRATION  INFORMATION  CENTER  OR  ITS
 SUCCESSOR.  THE  STATE BOARD OF ELECTIONS SHALL EXPEND FUNDS FOR MEMBER-
 SHIP FEES, DUES AND OTHER EXPENSES RELATED TO SUCH MEMBERSHIP.
   § 5-1001. DESIGNATING A MEMBER  REPRESENTATIVE.  THE  STATE  BOARD  OF
 ELECTIONS  SHALL  DESIGNATE  THE CHIEF ELECTION OFFICIAL OF THE STATE OF
 NEW YORK AS THE REPRESENTATIVE TO THE BOARD OF DIRECTORS OF  ANY  MULTI-
 STATE  VOTER LIST MAINTENANCE ORGANIZATION THAT THE STATE IS A MEMBER OF
 INCLUDING, BUT NOT LIMITED TO, THE ELECTRONIC  REGISTRATION  INFORMATION
 CENTER OR ITS SUCCESSOR.
   §  5-1002. AUTHORIZATION TO SHARE REGISTRATION RECORDS WITH MULTISTATE
 VOTER LIST MAINTENANCE  ORGANIZATION.  1.    NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW,  THE  MEMBER REPRESENTATIVE DESIGNATED UNDER SECTION
 5-1001 OF THIS TITLE MAY PROVIDE TO THE MULTISTATE  VOTER  LIST  MAINTE-
 NANCE  ORGANIZATION  THAT THEY ARE A MEMBER OF THE FOLLOWING INFORMATION
 FROM THE STATEWIDE VOTER REGISTRATION LIST AS DEFINED IN  SECTION  5-614
 OF THIS ARTICLE:
   (A) ALL NAME FIELDS;
   (B) ALL ADDRESS FIELDS;
   (C) DATE OF BIRTH;
   (D) STATE VOTER IDENTIFICATION NUMBER;
   (E) VOTER'S LAST REGISTRATION DATE;
   (F) ACTIVITY DATES AS DEFINED BY THE MULTISTATE VOTER LIST MAINTENANCE
 ORGANIZATION; AND
   (G) VOTER HISTORY.
   2.  THE  MEMBER REPRESENTATIVE DESIGNATED UNDER SECTION 5-1001 OF THIS
 TITLE MAY ALSO PROVIDE ANY INFORMATION  TO  THE  MULTISTATE  VOTER  LIST
 S. 8305--B                         94
 MAINTENANCE ORGANIZATION PROVIDED TO SUCH MEMBER REPRESENTATIVE FROM THE
 DEPARTMENT  OF MOTOR VEHICLES PURSUANT TO SECTION TWO HUNDRED NINETEEN-A
 OF THE VEHICLE AND TRAFFIC LAW.
   3.  THE  STATE BOARD OF ELECTIONS SHALL NOT PROVIDE ANY INFORMATION ON
 ANY PERSON IN THE CONFIDENTIAL VOTER PROGRAM PURSUANT TO  SECTION  5-508
 OF  THIS ARTICLE FOR ANY PURPOSE UNDER THIS TITLE. NOTHING IN THIS TITLE
 SHALL BE CONSTRUED TO  REQUIRE  THE  DEPARTMENT  OF  MOTOR  VEHICLES  TO
 PROVIDE ANY INFORMATION ON ANY PERSON IN SUCH PROGRAM.
   4.  THE  STATE BOARD OF ELECTIONS IS AUTHORIZED TO PROMULGATE ANY RULE
 OR REGULATION NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS TITLE.
   § 5-1003. USE OF INFORMATION FROM A MULTISTATE VOTER LIST  MAINTENANCE
 ORGANIZATION.  1.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
 THE STATE BOARD OF ELECTIONS SHALL USE ANY  INFORMATION  PROVIDED  BY  A
 MULTISTATE VOTER LIST MAINTENANCE ORGANIZATION THAT THE STATE HAS JOINED
 PURSUANT  TO SECTION 5-1001 OF THIS TITLE, INCLUDING BUT NOT LIMITED TO,
 THE USE OF SUCH INFORMATION IN  LIST  MAINTENANCE  ACTIVITIES  PERFORMED
 PURSUANT TO SECTION 5-614 OF THIS ARTICLE.
   2. TO AVOID INADVERTENT OR ACCIDENTAL REGISTRATION OF PERSONS INELIGI-
 BLE  TO  REGISTER  TO  VOTE, ANY MAILING TO ANY POTENTIALLY ELIGIBLE BUT
 UNREGISTERED PERSON SHALL STATE THE VOTER REGISTRATION CRITERIA, INCLUD-
 ING BUT NOT LIMITED TO, ANY CITIZENSHIP REQUIREMENTS.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 219-a to read as follows:
   §  219-A.  STATE  MEMBERSHIP  IN  A  MULTISTATE VOTER LIST MAINTENANCE
 ORGANIZATION. 1. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW  TO  THE
 CONTRARY,  THE  COMMISSIONER  IS  AUTHORIZED  TO  PROVIDE TO THE STATE'S
 REPRESENTATIVE TO A  MULTISTATE  VOTER  LIST  MAINTENANCE  ORGANIZATION,
 DESIGNATED  UNDER  SECTION  5-1001  OF  THE  ELECTION LAW, THE FOLLOWING
 INFORMATION: (A) ALL NAME FIELDS; (B) ALL ADDRESS  FIELDS;  (C)  DMV  ID
 NUMBER;  (D)  LAST  FOUR  DIGITS  OF THE DMV ID HOLDER'S SOCIAL SECURITY
 NUMBER; (E) DATE OF BIRTH; (F) CURRENT RECORD STATUS; (G) PHONE  NUMBER;
 AND  (H)  E-MAIL  ADDRESS,  PROVIDED  THAT  THE  CONDITIONS AND TERMS OF
 MEMBERSHIP ARE CONSISTENT WITH THE PROVISIONS OF THIS CHAPTER AND  TITLE
 TEN OF ARTICLE FIVE OF THE ELECTION LAW PERTAINING TO SUCH MEMBERSHIP OR
 RECIPROCAL RECOGNITION OF VEHICLE REGISTRATIONS.
   2. THE COMMISSIONER SHALL NOT PROVIDE ANY INFORMATION PURSUANT TO THIS
 SECTION OF PERSONS WHO ARE NOT CITIZENS.
   §  4.  New  York  state shall join a multistate voter list maintenance
 organization promptly after the effective date of  this  act  and  shall
 complete  its  registration  with  a  multistate  voter list maintenance
 organization on or before July 31, 2025.
   § 5. This act shall take effect immediately.
 
                                  PART BB
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York privacy act".
   §  2.  Legislative  intent.  1.  Privacy is a fundamental right and an
 essential element of freedom. Advances in technology have produced ramp-
 ant growth in the amount and categories of personal  data  being  gener-
 ated,   collected,  stored,  analyzed,  and  potentially  shared,  which
 presents both promise and peril. Companies collect, use  and  share  our
 personal  data  in  ways that can be difficult for ordinary consumers to
 understand. Opaque data processing policies make it impossible to evalu-
 ate risks  and  compare  privacy-related  protections  across  services,
 stifling  competition.  Algorithms  quietly make decisions with critical
 S. 8305--B                         95
 
 consequences for New York consumers, often with no human accountability.
 Behavioral advertising generates profits by turning people into products
 and their activity into assets. New York consumers deserve  more  notice
 and more control over their data and their digital privacy.
   2. This act seeks to help New York consumers regain their privacy.  It
 gives New York consumers the ability to exercise more control over their
 personal data and requires businesses to be responsible, thoughtful, and
 accountable  managers  of  that  information.  To achieve this, this act
 provides New York consumers a number  of  new  rights,  including  clear
 notice of how their data is being used, processed and shared; the abili-
 ty  to  access  and obtain a copy of their data in a commonly used elec-
 tronic format, with the ability to transfer  it  between  services;  the
 ability  to  correct inaccurate data and to delete their data.  This act
 also imposes obligations upon businesses  to  maintain  reasonable  data
 security  for personal data, to notify New York consumers of foreseeable
 harms arising from use of their data and to obtain specific consent  for
 that  use, and to conduct regular assessments to ensure that data is not
 being used for unacceptable purposes.  These  data  assessments  can  be
 obtained  and  evaluated  by the New York State Attorney General, who is
 empowered to obtain penalties for violations of  this  act  and  prevent
 future violations.
   § 3. The general business law is amended by adding a new article 42 to
 read as follows:
                                ARTICLE 42
                           NEW YORK PRIVACY ACT
 SECTION 1100. DEFINITIONS.
         1101. JURISDICTIONAL SCOPE.
         1102. CONSUMER RIGHTS.
         1103. CONTROLLER, PROCESSOR, AND THIRD PARTY RESPONSIBILITIES.
         1104. DATA BROKERS.
         1105. LIMITATIONS.
         1106. ENFORCEMENT.
         1107. MISCELLANEOUS.
   §  1100. DEFINITIONS. THE FOLLOWING DEFINITIONS APPLY FOR THE PURPOSES
 OF THIS ARTICLE UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE:
   1. "BIOMETRIC INFORMATION" MEANS ANY PERSONAL DATA GENERATED FROM  THE
 MEASUREMENT  OR  SPECIFIC TECHNOLOGICAL PROCESSING OF A NATURAL PERSON'S
 BIOLOGICAL, PHYSICAL, OR PHYSIOLOGICAL CHARACTERISTICS  THAT  ALLOWS  OR
 CONFIRMS  THE UNIQUE IDENTIFICATION OF A NATURAL PERSON, INCLUDING FING-
 ERPRINTS, VOICE PRINTS, IRIS OR RETINA SCANS, FACIAL SCANS OR TEMPLATES,
 AND GAIT.  "BIOMETRIC INFORMATION" DOES NOT INCLUDE A DIGITAL  OR  PHYS-
 ICAL PHOTOGRAPH, AN AUDIO OR VIDEO RECORDING, OR ANY DATA GENERATED FROM
 A DIGITAL OR PHYSICAL PHOTOGRAPH, OR AN AUDIO OR VIDEO RECORDING, UNLESS
 SUCH DATA IS GENERATED TO IDENTIFY A SPECIFIC INDIVIDUAL.
   2.  "BUSINESS  ASSOCIATE"  HAS  THE SAME MEANING AS IN TITLE 45 OF THE
 C.F.R., ESTABLISHED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTABILITY
 AND ACCOUNTABILITY ACT OF 1996.
   3. "CONSENT" MEANS A CLEAR AFFIRMATIVE ACT SIGNIFYING A FREELY  GIVEN,
 SPECIFIC, INFORMED, AND UNAMBIGUOUS INDICATION OF A CONSUMER'S AGREEMENT
 TO  THE  PROCESSING  OF  DATA RELATING TO THE CONSUMER.   CONSENT MAY BE
 WITHDRAWN AT ANY TIME, AND A CONTROLLER MUST PROVIDE CLEAR, CONSPICUOUS,
 AND CONSUMER-FRIENDLY MEANS TO WITHDRAW CONSENT. THE  BURDEN  OF  ESTAB-
 LISHING  CONSENT IS ON THE CONTROLLER.  CONSENT DOES NOT INCLUDE: (A) AN
 AGREEMENT OF GENERAL TERMS OF USE OR A SIMILAR DOCUMENT THAT  REFERENCES
 UNRELATED  INFORMATION  IN  ADDITION TO PERSONAL DATA PROCESSING; (B) AN
 AGREEMENT OBTAINED THROUGH FRAUD, DECEIT OR DECEPTION; (C) ANY ACT  THAT
 S. 8305--B                         96
 
 DOES  NOT CONSTITUTE A USER'S INTENT TO INTERACT WITH ANOTHER PARTY SUCH
 AS HOVERING OVER, PAUSING OR CLOSING ANY CONTENT; OR (D)  A  PRE-CHECKED
 BOX OR SIMILAR DEFAULT.
   4. "CONSUMER" MEANS A NATURAL PERSON WHO IS A NEW YORK RESIDENT ACTING
 ONLY  IN  AN  INDIVIDUAL  OR  HOUSEHOLD  CONTEXT.  IT DOES NOT INCLUDE A
 NATURAL PERSON KNOWN TO  BE  ACTING  IN  A  PROFESSIONAL  OR  EMPLOYMENT
 CONTEXT.
   5.  "CONTROLLER"  MEANS  THE PERSON WHO, ALONE OR JOINTLY WITH OTHERS,
 DETERMINES THE PURPOSES AND MEANS OF THE PROCESSING OF PERSONAL DATA.
   6. "COVERED ENTITY" HAS THE SAME MEANING AS IN TITLE 45 OF THE C.F.R.,
 ESTABLISHED PURSUANT TO THE FEDERAL  HEALTH  INSURANCE  PORTABILITY  AND
 ACCOUNTABILITY ACT OF 1996.
   7.  "DATA  BROKER" MEANS A PERSON, OR UNIT OR UNITS OF A LEGAL ENTITY,
 SEPARATELY OR TOGETHER, THAT DOES BUSINESS IN THE STATE OF NEW YORK  AND
 KNOWINGLY COLLECTS, AND SELLS TO OTHER CONTROLLERS OR THIRD PARTIES, THE
 PERSONAL  DATA  OF  A  CONSUMER  WITH  WHOM  IT  DOES  NOT HAVE A DIRECT
 RELATIONSHIP. "DATA BROKER" DOES NOT INCLUDE ANY OF THE FOLLOWING:
   (A) A CONSUMER REPORTING AGENCY TO THE EXTENT THAT IT  IS  COVERED  BY
 THE FEDERAL FAIR CREDIT REPORTING ACT (15 U.S.C. SEC. 1681 ET SEQ.); OR
   (B)  A  FINANCIAL  INSTITUTION TO THE EXTENT THAT IT IS COVERED BY THE
 GRAMM-LEACH-BLILEY ACT  (PUBLIC  LAW  106-102)  AND  IMPLEMENTING  REGU-
 LATIONS.
   8.  "DECISIONS  THAT  PRODUCE  LEGAL OR SIMILARLY SIGNIFICANT EFFECTS"
 MEANS DECISIONS MADE BY THE CONTROLLER THAT RESULT IN THE  PROVISION  OR
 DENIAL  BY  THE  CONTROLLER  OF  FINANCIAL OR LENDING SERVICES, HOUSING,
 INSURANCE,  EDUCATION  ENROLLMENT  OR  OPPORTUNITY,  CRIMINAL   JUSTICE,
 EMPLOYMENT  OPPORTUNITIES,  HEALTH  CARE SERVICES OR ACCESS TO ESSENTIAL
 GOODS OR SERVICES.
   9. "DEIDENTIFIED DATA" MEANS DATA THAT CANNOT REASONABLY  BE  USED  TO
 INFER  INFORMATION ABOUT, OR OTHERWISE BE LINKED TO A PARTICULAR CONSUM-
 ER, HOUSEHOLD OR DEVICE, PROVIDED THAT THE PROCESSOR OR CONTROLLER  THAT
 POSSESSES THE DATA:
   (A) IMPLEMENTS REASONABLE TECHNICAL SAFEGUARDS TO ENSURE THAT THE DATA
 CANNOT BE ASSOCIATED WITH A CONSUMER, HOUSEHOLD OR DEVICE;
   (B) PUBLICLY COMMITS TO PROCESS THE DATA ONLY AS DEIDENTIFIED DATA AND
 NOT  ATTEMPT  TO  REIDENTIFY  THE  DATA,  EXCEPT  THAT THE CONTROLLER OR
 PROCESSOR MAY ATTEMPT TO  REIDENTIFY  THE  INFORMATION  SOLELY  FOR  THE
 PURPOSE  OF  DETERMINING  WHETHER ITS DEIDENTIFICATION PROCESSES SATISFY
 THE REQUIREMENTS OF THIS SUBDIVISION; AND
   (C) CONTRACTUALLY OBLIGATES ANY RECIPIENTS OF THE DATA TO COMPLY  WITH
 ALL PROVISIONS OF THIS ARTICLE.
   10.  "DEVICE"  MEANS ANY PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING
 TO THE INTERNET, DIRECTLY OR INDIRECTLY, OR TO  ANOTHER  DEVICE  AND  IS
 INTENDED  FOR  USE  BY A NATURAL PERSON OR HOUSEHOLD OR, IF USED OUTSIDE
 THE HOME, FOR USE BY THE GENERAL PUBLIC.
   11. "GENETIC INFORMATION" MEANS ANY DATA, REGARDLESS  OF  ITS  FORMAT,
 THAT  CONCERNS  A  CONSUMER'S  GENETIC  CHARACTERISTICS.  "GENETIC DATA"
 INCLUDES BUT IS NOT LIMITED TO (A) RAW SEQUENCE DATA  THAT  RESULT  FROM
 SEQUENCING  OF  A  CONSUMER'S  COMPLETE  EXTRACTED  OR  A PORTION OF THE
 EXTRACTED DEOXYRIBONUCLEIC ACID  (DNA)  INFORMATION;  (B)  GENOTYPE  AND
 PHENOTYPIC  INFORMATION  THAT  RESULTS  FROM  ANALYZING THE RAW SEQUENCE
 DATA; AND (C) SELF-REPORTED HEALTH INFORMATION THAT A  CONSUMER  SUBMITS
 TO A COMPANY REGARDING THE CONSUMER'S HEALTH CONDITIONS AND THAT IS USED
 FOR   SCIENTIFIC   RESEARCH  OR  PRODUCT  DEVELOPMENT  AND  ANALYZED  IN
 CONNECTION WITH THE CONSUMER'S RAW SEQUENCE DATA.
 S. 8305--B                         97
 
   12. "HOUSEHOLD" MEANS A GROUP, HOWEVER IDENTIFIED,  OF  CONSUMERS  WHO
 COHABITATE  WITH  ONE  ANOTHER  AT  THE SAME RESIDENTIAL ADDRESS AND MAY
 SHARE USE OF COMMON DEVICES OR SERVICES.
   13.  "IDENTIFIED  OR  IDENTIFIABLE"  MEANS A NATURAL PERSON WHO CAN BE
 IDENTIFIED, DIRECTLY OR INDIRECTLY, SUCH AS BY REFERENCE TO AN IDENTIFI-
 ER SUCH AS A NAME, AN IDENTIFICATION NUMBER, LOCATION DATA, OR AN ONLINE
 OR DEVICE IDENTIFIER.
   14. "NATURAL PERSON" MEANS A NATURAL PERSON ACTING ONLY IN AN INDIVID-
 UAL OR HOUSEHOLD CONTEXT. IT DOES NOT INCLUDE A NATURAL PERSON KNOWN  TO
 BE ACTING IN A PROFESSIONAL OR EMPLOYMENT CONTEXT.
   15.  "PERSON"  MEANS A NATURAL PERSON OR A LEGAL ENTITY, INCLUDING BUT
 NOT LIMITED  TO  A  PROPRIETORSHIP,  PARTNERSHIP,  LIMITED  PARTNERSHIP,
 CORPORATION,  COMPANY, LIMITED LIABILITY COMPANY OR CORPORATION, ASSOCI-
 ATION, OR OTHER FIRM OR SIMILAR BODY, OR  ANY  UNIT,  DIVISION,  AGENCY,
 DEPARTMENT, OR SIMILAR SUBDIVISION THEREOF.
   16. "PERSONAL DATA" MEANS ANY DATA THAT IDENTIFIES OR COULD REASONABLY
 BE  LINKED,  DIRECTLY  OR INDIRECTLY, WITH A SPECIFIC NATURAL PERSON, OR
 HOUSEHOLD.  PERSONAL DATA DOES NOT INCLUDE DEIDENTIFIED  DATA,  INFORMA-
 TION  THAT  IS  LAWFULLY  MADE PUBLICLY AVAILABLE FROM FEDERAL, STATE OR
 LOCAL GOVERNMENT RECORDS, OR INFORMATION THAT A CONTROLLER HAS A REASON-
 ABLE  BASIS TO BELIEVE IS LAWFULLY MADE AVAILABLE TO THE GENERAL  PUBLIC
 BY THE  CONSUMER OR FROM WIDELY DISTRIBUTED MEDIA.
   17. "PRECISE GEOLOCATION DATA" MEANS INFORMATION DERIVED FROM TECHNOL-
 OGY,  INCLUDING,  BUT NOT LIMITED TO, GLOBAL POSITION SYSTEM LEVEL LATI-
 TUDE AND LONGITUDE COORDINATES OR OTHER MECHANISMS, THAT DIRECTLY  IDEN-
 TIFIES  THE  SPECIFIC  LOCATION  OF  AN  INDIVIDUAL  WITH  PRECISION AND
 ACCURACY WITHIN A RADIUS OF  ONE  THOUSAND  SEVEN  HUNDRED  FIFTY  FEET,
 EXCEPT  AS  PRESCRIBED BY REGULATIONS. PRECISE GEOLOCATION DATA DOES NOT
 INCLUDE THE CONTENT OF  COMMUNICATIONS  OR  ANY  DATA  GENERATED  BY  OR
 CONNECTED  TO  ADVANCE UTILITY METERING INFRASTRUCTURE SYSTEMS OR EQUIP-
 MENT FOR USE BY A UTILITY.
   18. "PROCESS", "PROCESSES" OR "PROCESSING" MEANS AN OPERATION  OR  SET
 OF  OPERATIONS WHICH ARE PERFORMED ON DATA OR ON SETS OF DATA, INCLUDING
 BUT NOT LIMITED TO THE COLLECTION, USE, ACCESS,  SHARING,  MONETIZATION,
 ANALYSIS, RETENTION, CREATION, GENERATION, DERIVATION, RECORDING, ORGAN-
 IZATION,   STRUCTURING,  STORAGE,  DISCLOSURE,  TRANSMISSION,  ANALYSIS,
 DISPOSAL, LICENSING, DESTRUCTION, DELETION, MODIFICATION, OR DEIDENTIFI-
 CATION OF DATA.
   19. "PROCESSOR" MEANS A PERSON THAT PROCESSES DATA ON  BEHALF  OF  THE
 CONTROLLER.
   20.  "PROFILING"  MEANS  ANY FORM OF AUTOMATED PROCESSING PERFORMED ON
 PERSONAL DATA TO EVALUATE, ANALYZE, OR PREDICT PERSONAL ASPECTS  RELATED
 TO  AN  IDENTIFIED  OR IDENTIFIABLE NATURAL PERSON'S ECONOMIC SITUATION,
 HEALTH,  PERSONAL   PREFERENCES,   INTERESTS,   RELIABILITY,   BEHAVIOR,
 LOCATION,  OR MOVEMENTS.   PROFILING DOES NOT INCLUDE EVALUATION, ANALY-
 SIS, OR PREDICTION BASED SOLELY UPON A NATURAL PERSON'S  CURRENT  SEARCH
 QUERY OR ACTIVITIES ON, OR CURRENT VISIT TO, THE CONTROLLER'S WEBSITE OR
 ONLINE APPLICATION.
   21. "PROTECTED HEALTH INFORMATION" HAS THE SAME MEANING AS IN TITLE 45
 C.F.R., ESTABLISHED PURSUANT TO THE FEDERAL HEALTH INSURANCE PORTABILITY
 AND ACCOUNTABILITY ACT OF 1996.
   22.  "SALE", "SELL", OR "SOLD" MEANS THE DISCLOSURE, TRANSFER, CONVEY-
 ANCE, SHARING, LICENSING,  MAKING  AVAILABLE,  PROCESSING,  GRANTING  OF
 PERMISSION  OR  AUTHORIZATION  TO PROCESS, OR OTHER EXCHANGE OF PERSONAL
 DATA, OR PROVIDING ACCESS TO PERSONAL DATA FOR MONETARY OR  OTHER  VALU-
 ABLE  CONSIDERATION BY THE CONTROLLER TO A THIRD PARTY.  "SALE" INCLUDES
 S. 8305--B                         98
 
 ENABLING, FACILITATING OR PROVIDING ACCESS TO PERSONAL DATA FOR TARGETED
 ADVERTISING. "SALE" DOES NOT INCLUDE THE FOLLOWING:
   (A)  THE  DISCLOSURE  OF DATA TO A PROCESSOR WHO PROCESSES THE DATA ON
 BEHALF OF THE CONTROLLER AND  WHICH  IS  CONTRACTUALLY  PROHIBITED  FROM
 USING IT FOR ANY PURPOSE OTHER THAN AS INSTRUCTED BY THE CONTROLLER;
   (B)  THE  DISCLOSURE OR TRANSFER OF DATA AS AN ASSET THAT IS PART OF A
 MERGER, ACQUISITION, BANKRUPTCY, OR OTHER TRANSACTION IN  WHICH  ANOTHER
 ENTITY ASSUMES CONTROL OR OWNERSHIP OF ALL OR A MAJORITY OF THE CONTROL-
 LER'S ASSETS; OR
   (C)  THE  DISCLOSURE  OF  PERSONAL DATA TO A THIRD PARTY NECESSARY FOR
 PURPOSES OF PROVIDING A PRODUCT, SERVICE, OR INTERACTION WITH SUCH THIRD
 PARTY, WHEN THE CONSUMER INTENTIONALLY AND UNAMBIGUOUSLY  REQUESTS  SUCH
 DISCLOSURE.
   23. "SENSITIVE DATA" MEANS PERSONAL DATA THAT REVEALS:
   (A)  RACIAL  OR  ETHNIC  ORIGIN, RELIGIOUS BELIEFS, MENTAL OR PHYSICAL
 HEALTH CONDITION OR DIAGNOSIS, SEX LIFE, SEXUAL ORIENTATION, OR CITIZEN-
 SHIP OR IMMIGRATION STATUS;
   (B) GENETIC INFORMATION OR BIOMETRIC INFORMATION FOR  THE  PURPOSE  OF
 UNIQUELY IDENTIFYING A NATURAL PERSON;
   (C) PRECISE GEOLOCATION DATA; OR
   (D)  SOCIAL  SECURITY, FINANCIAL ACCOUNT, PASSPORT OR DRIVER'S LICENSE
 NUMBERS.
   24. "TARGETED ADVERTISING" MEANS ADVERTISING BASED UPON PROFILING.
   25. "THIRD PARTY" MEANS, WITH RESPECT TO A PARTICULAR  INTERACTION  OR
 OCCURRENCE,  A  PERSON, PUBLIC AUTHORITY, AGENCY, OR BODY OTHER THAN THE
 CONSUMER, THE CONTROLLER, OR PROCESSOR OF THE CONTROLLER.  A THIRD PARTY
 MAY ALSO BE A CONTROLLER IF THE  THIRD  PARTY,  ALONE  OR  JOINTLY  WITH
 OTHERS,  DETERMINES THE PURPOSES AND MEANS OF THE PROCESSING OF PERSONAL
 DATA.
   26. "VERIFIED REQUEST" MEANS A REQUEST BY A CONSUMER OR THEIR AGENT TO
 EXERCISE A RIGHT AUTHORIZED BY THIS ARTICLE, THE AUTHENTICITY  OF  WHICH
 HAS  BEEN ASCERTAINED BY THE CONTROLLER IN ACCORDANCE WITH PARAGRAPH (C)
 OF SUBDIVISION EIGHT OF SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE.
   § 1101. JURISDICTIONAL SCOPE. 1. THIS ARTICLE APPLIES TO LEGAL PERSONS
 THAT CONDUCT BUSINESS IN NEW YORK OR PRODUCE PRODUCTS OR  SERVICES  THAT
 ARE  TARGETED  TO RESIDENTS OF NEW YORK, AND THAT SATISFY ONE OR MORE OF
 THE FOLLOWING THRESHOLDS:
   (A) HAVE ANNUAL GROSS REVENUE OF TWENTY-FIVE MILLION DOLLARS OR MORE;
   (B) CONTROLS OR PROCESSES PERSONAL DATA OF FIFTY THOUSAND CONSUMERS OR
 MORE; OR
   (C) DERIVES OVER FIFTY PERCENT OF  GROSS  REVENUE  FROM  THE  SALE  OF
 PERSONAL DATA.
   2. THIS ARTICLE DOES NOT APPLY TO:
   (A) PERSONAL DATA PROCESSED BY STATE AND LOCAL GOVERNMENTS, AND MUNIC-
 IPAL  CORPORATIONS, FOR PROCESSES OTHER THAN SALE (FILING AND PROCESSING
 FEES ARE NOT SALE);
   (B) A NATIONAL SECURITIES ASSOCIATION REGISTERED PURSUANT  TO  SECTION
 15A  OF  THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, OR REGULATIONS
 ADOPTED THEREUNDER OR A REGISTERED  FUTURES  ASSOCIATION  SO  DESIGNATED
 PURSUANT TO SECTION 17 OF THE COMMODITY EXCHANGE ACT, AS AMENDED, OR ANY
 REGULATIONS ADOPTED THEREUNDER;
   (C)  ANY  NONPROFIT  ENTITY IDENTIFIED IN SECTION FOUR HUNDRED FIVE OF
 THE FINANCIAL SERVICES LAW TO THE  EXTENT  SUCH  ORGANIZATION  COLLECTS,
 PROCESSES,  USES,  OR  SHARES  DATA  SOLELY  IN RELATION TO IDENTIFYING,
 INVESTIGATING, OR ASSISTING (I) LAW ENFORCEMENT AGENCIES  IN  CONNECTION
 S. 8305--B                         99
 
 WITH  SUSPECTED  INSURANCE-RELATED  CRIMINAL OR FRAUDULENT ACTS; OR (II)
 FIRST RESPONDERS IN CONNECTION WITH CATASTROPHIC EVENTS;
   (D) INFORMATION THAT MEETS THE FOLLOWING CRITERIA:
   (I) PERSONAL DATA COLLECTED, PROCESSED, SOLD, OR DISCLOSED PURSUANT TO
 AND   IN  COMPLIANCE  WITH  THE  FEDERAL  GRAMM-LEACH-BLILEY  ACT  (P.L.
 106-102), AND IMPLEMENTING REGULATIONS;
   (II) PERSONAL DATA COLLECTED, PROCESSED, SOLD, OR  DISCLOSED  PURSUANT
 TO  THE  FEDERAL DRIVER'S PRIVACY PROTECTION ACT OF 1994 (18 U.S.C. SEC.
 2721 ET SEQ.), IF THE COLLECTION, PROCESSING, SALE, OR DISCLOSURE IS  IN
 COMPLIANCE WITH THAT LAW;
   (III) PERSONAL DATA REGULATED BY THE FEDERAL FAMILY EDUCATIONAL RIGHTS
 AND PRIVACY ACT, U.S.C. SEC. 1232G AND ITS IMPLEMENTING REGULATIONS;
   (IV)  PERSONAL  DATA COLLECTED, PROCESSED, SOLD, OR DISCLOSED PURSUANT
 TO THE FEDERAL FARM CREDIT ACT OF 1971 (AS AMENDED  IN  12  U.S.C.  SEC.
 2001-2279CC)  AND  ITS  IMPLEMENTING  REGULATIONS (12 C.F.R. PART 600 ET
 SEQ.) IF THE COLLECTION, PROCESSING, SALE, OR DISCLOSURE IS  IN  COMPLI-
 ANCE WITH THAT LAW;
   (V) PERSONAL DATA REGULATED BY SECTION TWO-D OF THE EDUCATION LAW;
   (VI)  DATA  MAINTAINED  AS EMPLOYMENT RECORDS, FOR PURPOSES OTHER THAN
 SALE;
   (VII) PROTECTED HEALTH INFORMATION THAT IS  LAWFULLY  COLLECTED  BY  A
 COVERED  ENTITY  OR  BUSINESS  ASSOCIATE AND IS GOVERNED BY THE PRIVACY,
 SECURITY, AND BREACH NOTIFICATION RULES  ISSUED  BY  THE  UNITED  STATES
 DEPARTMENT  OF  HEALTH AND HUMAN SERVICES, PARTS 160 AND 164 OF TITLE 45
 OF THE CODE OF FEDERAL REGULATIONS, ESTABLISHED PURSUANT TO  THE  HEALTH
 INSURANCE  PORTABILITY  AND  ACCOUNTABILITY  ACT  OF  1996  (PUBLIC  LAW
 104-191) ("HIPAA") AND THE HEALTH INFORMATION  TECHNOLOGY  FOR  ECONOMIC
 AND CLINICAL HEALTH ACT (PUBLIC LAW 111-5);
   (VIII)  PATIENT IDENTIFYING INFORMATION FOR PURPOSES OF 42 C.F.R. PART
 2, ESTABLISHED PURSUANT TO 42 U.S.C. SEC. 290DD-2, AS LONG AS SUCH  DATA
 IS NOT SOLD IN VIOLATION OF HIPAA OR ANY STATE OR FEDERAL LAW;
   (IX)  INFORMATION  AND  DOCUMENTS LAWFULLY CREATED FOR PURPOSES OF THE
 FEDERAL HEALTH CARE QUALITY IMPROVEMENT ACT OF 1986, AND  RELATED  REGU-
 LATIONS;
   (X) PATIENT SAFETY WORK PRODUCT CREATED FOR PURPOSES OF 42 C.F.R. PART
 3, ESTABLISHED PURSUANT TO 42 U.S.C. SEC. 299B-21 THROUGH 299B-26;
   (XI)  INFORMATION  THAT  IS  TREATED IN THE SAME MANNER AS INFORMATION
 EXEMPT UNDER SUBPARAGRAPH (VII) OF THIS PARAGRAPH THAT IS MAINTAINED  BY
 A  COVERED ENTITY OR BUSINESS ASSOCIATE AS DEFINED BY HIPAA OR A PROGRAM
 OR A QUALIFIED SERVICE ORGANIZATION AS DEFINED BY 42 U.S.C.  §  290DD-2,
 AS  LONG  AS SUCH DATA IS NOT SOLD IN VIOLATION OF HIPAA OR ANY STATE OR
 FEDERAL LAW;
   (XII) DEIDENTIFIED HEALTH INFORMATION THAT MEETS ALL OF THE  FOLLOWING
 CONDITIONS:
   (A) IT IS DEIDENTIFIED IN ACCORDANCE WITH THE REQUIREMENTS FOR DEIDEN-
 TIFICATION  SET  FORTH IN SECTION 164.514 OF PART 164 OF TITLE 45 OF THE
 CODE OF FEDERAL REGULATIONS;
   (B) IT IS DERIVED  FROM  PROTECTED  HEALTH  INFORMATION,  INDIVIDUALLY
 IDENTIFIABLE  HEALTH  INFORMATION,  OR  IDENTIFIABLE PRIVATE INFORMATION
 COMPLIANT WITH THE FEDERAL POLICY FOR THE PROTECTION OF HUMAN  SUBJECTS,
 ALSO KNOWN AS THE COMMON RULE; AND
   (C) A COVERED ENTITY OR BUSINESS ASSOCIATE DOES NOT ATTEMPT TO REIDEN-
 TIFY  THE  INFORMATION  NOR  DO THEY ACTUALLY REIDENTIFY THE INFORMATION
 EXCEPT AS OTHERWISE ALLOWED UNDER STATE OR FEDERAL LAW;
   (XIII) INFORMATION MAINTAINED BY A COVERED ENTITY OR BUSINESS  ASSOCI-
 ATE  GOVERNED  BY  THE  PRIVACY, SECURITY, AND BREACH NOTIFICATION RULES
 S. 8305--B                         100
 
 ISSUED BY THE UNITED STATES DEPARTMENT OF  HEALTH  AND  HUMAN  SERVICES,
 PARTS 160 AND 164 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS, ESTAB-
 LISHED  PURSUANT  TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
 ACT  OF  1996  (PUBLIC LAW 104-191), TO THE EXTENT THE COVERED ENTITY OR
 BUSINESS ASSOCIATE MAINTAINS THE  INFORMATION  IN  THE  SAME  MANNER  AS
 PROTECTED  HEALTH INFORMATION AS DESCRIBED IN SUBPARAGRAPH (VII) OF THIS
 PARAGRAPH;
   (XIV) DATA COLLECTED AS PART OF HUMAN SUBJECTS RESEARCH,  INCLUDING  A
 CLINICAL  TRIAL, CONDUCTED IN ACCORDANCE WITH THE FEDERAL POLICY FOR THE
 PROTECTION OF HUMAN SUBJECTS, ALSO KNOWN AS THE COMMON RULE, PURSUANT TO
 GOOD CLINICAL PRACTICE GUIDELINES ISSUED BY  THE  INTERNATIONAL  COUNCIL
 FOR  HARMONISATION  OR PURSUANT TO HUMAN SUBJECT PROTECTION REQUIREMENTS
 OF THE UNITED STATES FOOD AND DRUG ADMINISTRATION;
   (XV) PERSONAL DATA PROCESSED ONLY FOR ONE OR  MORE  OF  THE  FOLLOWING
 PURPOSES:
   (A)  PRODUCT  REGISTRATION  AND  TRACKING  CONSISTENT  WITH APPLICABLE
 UNITED STATES FOOD AND DRUG ADMINISTRATION REGULATIONS AND GUIDANCE;
   (B) PUBLIC HEALTH ACTIVITIES AND  PURPOSES  AS  DESCRIBED  IN  SECTION
 164.512 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS; AND/OR
   (C)  ACTIVITIES RELATED TO QUALITY, SAFETY, OR EFFECTIVENESS REGULATED
 BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION; OR
   (XVI) PERSONAL DATA COLLECTED, PROCESSED, OR DISCLOSED PURSUANT TO AND
 IN COMPLIANCE WITH ANY OPT-OUT PROGRAM AUTHORIZED BY THE PUBLIC  SERVICE
 COMMISSION   OR  ANY  OTHER  OPT-OUT  COMMUNITY  DISTRIBUTED  GENERATION
 PROGRAMS AUTHORIZED IN LAW; OR
   (E) (I) AN ACTIVITY INVOLVING THE COLLECTION, MAINTENANCE, DISCLOSURE,
 SALE, COMMUNICATION, OR USE OF ANY PERSONAL DATA BEARING ON A CONSUMER'S
 CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARACTER,  GENERAL
 REPUTATION,  PERSONAL  CHARACTERISTICS,  OR MODE OF LIVING BY A CONSUMER
 REPORTING AGENCY, AS DEFINED IN TITLE 15  U.S.C.  SEC.  1681A(F),  BY  A
 FURNISHER OF INFORMATION, AS SET FORTH IN TITLE 15 U.S.C. SEC.  1681S-2,
 WHO  PROVIDES  INFORMATION  FOR  USE IN A CONSUMER REPORT, AS DEFINED IN
 TITLE 15 U.S.C. SEC. 1861A(D), AND BY A USER OF A  CONSUMER  REPORT,  AS
 SET FORTH IN TITLE 15 U.S.C. SEC. 1681B.; AND
   (II)  THIS PARAGRAPH SHALL APPLY ONLY TO THE EXTENT THAT SUCH ACTIVITY
 INVOLVING THE COLLECTION, MAINTENANCE, DISCLOSURE, SALE,  COMMUNICATION,
 OR  USE  OF  SUCH  DATA BY THAT AGENCY, FURNISHER, OR USER IS SUBJECT TO
 REGULATION UNDER THE FAIR CREDIT REPORTING ACT,  TITLE  15  U.S.C.  SEC.
 1681  ET SEQ., AND THE DATA IS NOT COLLECTED, MAINTAINED, USED, COMMUNI-
 CATED, DISCLOSED, OR SOLD  EXCEPT  AS  AUTHORIZED  BY  THE  FAIR  CREDIT
 REPORTING ACT.
   § 1102. CONSUMER RIGHTS. 1. RIGHT TO NOTICE. (A) NOTICE. EACH CONTROL-
 LER  THAT  PROCESSES  A  CONSUMER'S PERSONAL DATA MUST MAKE PUBLICLY AND
 CONSISTENTLY AVAILABLE, IN A CONSPICUOUS AND READILY ACCESSIBLE  MANNER,
 A NOTICE CONTAINING THE FOLLOWING:
   (I)  A  DESCRIPTION  OF  THE  CONSUMER'S RIGHTS UNDER SUBDIVISIONS TWO
 THROUGH SEVEN OF THIS SECTION AND HOW  A  CONSUMER  MAY  EXERCISE  THOSE
 RIGHTS, INCLUDING HOW TO WITHDRAW CONSENT;
   (II)  THE  CATEGORIES OF PERSONAL DATA PROCESSED BY THE CONTROLLER AND
 BY ANY PROCESSOR WHO PROCESSES PERSONAL DATA ON BEHALF OF  THE  CONTROL-
 LER;
   (III) THE SOURCES FROM WHICH PERSONAL DATA IS COLLECTED;
   (IV) THE PURPOSES FOR PROCESSING PERSONAL DATA;
   (V)  THE CATEGORIES OF THIRD PARTIES TO WHOM THE CONTROLLER DISCLOSED,
 SHARED, TRANSFERRED OR SOLD PERSONAL DATA  AND,  FOR  EACH  CATEGORY  OF
 THIRD   PARTY,  (A)  THE  CATEGORIES  OF  PERSONAL  DATA  BEING  SHARED,
 S. 8305--B                         101
 
 DISCLOSED, TRANSFERRED, OR SOLD TO THE THIRD PARTY, (B) THE PURPOSES FOR
 WHICH PERSONAL DATA IS BEING SHARED, DISCLOSED, TRANSFERRED, OR SOLD  TO
 THE  THIRD PARTY, (C) ANY APPLICABLE RETENTION PERIODS FOR EACH CATEGORY
 OF  PERSONAL  DATA  PROCESSED BY THE THIRD PARTIES OR PROCESSED ON THEIR
 BEHALF, OR IF THAT IS NOT POSSIBLE, THE CRITERIA USED TO  DETERMINE  THE
 PERIOD,  AND (D) WHETHER THE THIRD PARTIES MAY USE THE PERSONAL DATA FOR
 TARGETED ADVERTISING; AND
   (VI) THE CONTROLLER'S RETENTION PERIOD FOR EACH CATEGORY  OF  PERSONAL
 DATA  THAT  THEY  PROCESS OR IS PROCESSED ON THEIR BEHALF, OR IF THAT IS
 NOT POSSIBLE, THE CRITERIA USED TO DETERMINE THAT PERIOD.
   (B) NOTICE REQUIREMENTS.
   (I) THE NOTICE MUST BE  WRITTEN  IN  EASY-TO-UNDERSTAND  LANGUAGE  AND
 FORMAT  AT AN EIGHTH GRADE READING LEVEL OR BELOW AND IN AT LEAST TWELVE
 POINT FONT.
   (II) THE CATEGORIES OF PERSONAL DATA PROCESSED AND PURPOSES FOR  WHICH
 EACH CATEGORY OF PERSONAL DATA IS PROCESSED MUST BE DESCRIBED IN A CLEAR
 AND  CONSPICUOUS MANNER, AT A LEVEL SPECIFIC ENOUGH TO ENABLE A CONSUMER
 TO EXERCISE MEANINGFUL CONTROL OVER  THEIR  PERSONAL  DATA  BUT  NOT  SO
 SPECIFIC AS TO RENDER THE NOTICE UNHELPFUL TO A CONSUMER.
   (III)  THE NOTICE MUST BE DATED WITH ITS EFFECTIVE DATE AND UPDATED AT
 LEAST ANNUALLY.   WHEN THE INFORMATION REQUIRED TO  BE  DISCLOSED  TO  A
 CONSUMER  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION HAS NOT CHANGED
 SINCE THE IMMEDIATELY  PREVIOUS  NOTICE  (WHETHER  INITIAL,  ANNUAL,  OR
 REVISED)  PROVIDED  TO  THE CONSUMER, A CONTROLLER MAY ISSUE A STATEMENT
 THAT NO CHANGES HAVE BEEN MADE.
   (IV) THE NOTICE, AS WELL AS EACH VERSION OF THE NOTICE  IN  EFFECT  IN
 THE  PRECEDING  SIX  YEARS,   MUST BE EASILY ACCESSIBLE TO CONSUMERS AND
 CAPABLE OF BEING VIEWED BY CONSUMERS AT ANY TIME.
   2. RIGHT TO OPT OUT.  (A) A CONTROLLER MUST ALLOW CONSUMERS THE  RIGHT
 TO  OPT  OUT,  AT  ANY  TIME, OF PROCESSING PERSONAL DATA CONCERNING THE
 CONSUMER FOR THE PURPOSES OF:
   (I) TARGETED ADVERTISING;
   (II) THE SALE OF PERSONAL DATA; AND
   (III) PROFILING IN FURTHERANCE OF  DECISIONS  THAT  PRODUCE  LEGAL  OR
 SIMILARLY SIGNIFICANT EFFECTS CONCERNING A CONSUMER.
   (B)  A  CONTROLLER  MUST  PROVIDE  CLEAR AND CONSPICUOUS MEANS FOR THE
 CONSUMER OR THEIR AGENT TO OPT OUT OF PROCESSING AND CLEARLY PRESENT  AS
 THE  MOST  CONSPICUOUS CHOICE AN OPTION TO SIMULTANEOUSLY OPT OUT OF ALL
 PROCESSING PURPOSES SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) A CONTROLLER MUST NOT PROCESS PERSONAL DATA FOR ANY  PURPOSE  FROM
 WHICH THE CONSUMER HAS OPTED OUT.
   (D) A CONTROLLER MUST NOT REQUEST THAT A CONSUMER WHO HAS OPTED OUT OF
 CERTAIN  PURPOSES  OF PROCESSING PERSONAL DATA OPT BACK IN, UNLESS THOSE
 PURPOSES SUBSEQUENTLY BECOME NECESSARY TO PROVIDE THE SERVICES OR  GOODS
 REQUESTED  BY A CONSUMER. TARGETED ADVERTISING AND SALE OF PERSONAL DATA
 SHALL NOT BE  CONSIDERED  PROCESSING  PURPOSES  THAT  ARE  NECESSARY  TO
 PROVIDE SERVICE OR GOODS REQUESTED BY A CONSUMER.
   (E) CONTROLLERS MUST TREAT USER-ENABLED PRIVACY CONTROLS IN A BROWSER,
 BROWSER   PLUG-IN,  SMARTPHONE  APPLICATION,  OPERATING  SYSTEM,  DEVICE
 SETTING, OR OTHER MECHANISM THAT COMMUNICATES OR SIGNALS THE  CONSUMER'S
 CHOICE  NOT TO OPT OUT OF THE PROCESSING OF PERSONAL DATA IN FURTHERANCE
 OF TARGETED ADVERTISING, THE SALE OF THEIR PERSONAL DATA,  OR  PROFILING
 IN  FURTHERANCE OF DECISIONS THAT PRODUCE LEGAL OR SIMILARLY SIGNIFICANT
 EFFECTS CONCERNING THE CONSUMER AS AN OPT OUT UNDER THIS ARTICLE. TO THE
 EXTENT THAT THE PRIVACY CONTROL CONFLICTS WITH A CONSUMER'S CONSENT, THE
 CONTROLLER SHALL COMPLY WITH THE PRIVACY  CONTROL  BUT  MAY  NOTIFY  THE
 S. 8305--B                         102
 
 CONSUMER  OF  SUCH  CONFLICT  AND PROVIDE TO SUCH CONSUMER THE CHOICE TO
 GIVE CONTROLLER SPECIFIC CONSENT TO SUCH PROCESSING.
   3.  SENSITIVE DATA. (A) A CONTROLLER MUST OBTAIN FREELY GIVEN, SPECIF-
 IC, INFORMED, AND UNAMBIGUOUS OPT-IN CONSENT FROM A CONSUMER TO:
   (I) PROCESS THE CONSUMER'S SENSITIVE DATA RELATED TO THAT CONSUMER FOR
 ANY PURPOSE OTHER THAN  THOSE  IN  SUBDIVISION  TWO  OF  SECTION  ELEVEN
 HUNDRED FIVE OF THIS ARTICLE; OR
   (II)  MAKE  ANY  CHANGES  TO  THE  EXISTING  PROCESSING  OR PROCESSING
 PURPOSE, INCLUDING THOSE REGARDING THE METHOD AND SCOPE  OF  COLLECTION,
 OF  THE  CONSUMER'S  SENSITIVE  DATA  THAT MAY BE LESS PROTECTIVE OF THE
 CONSUMER'S SENSITIVE DATA THAN THE PROCESSING TO WHICH THE CONSUMER  HAS
 PREVIOUSLY GIVEN THEIR FREELY GIVEN, SPECIFIC, INFORMED, AND UNAMBIGUOUS
 OPT-IN CONSENT.
   (B) ANY REQUEST FOR CONSENT TO PROCESS SENSITIVE DATA MUST BE PROVIDED
 TO  THE  CONSUMER, PRIOR TO PROCESSING THEIR SENSITIVE DATA, IN A STAND-
 ALONE DISCLOSURE THAT IS SEPARATE AND APART FROM ANY CONTRACT OR PRIVACY
 POLICY. THE REQUEST FOR CONSENT MUST:
   (I) BE WRITTEN IN A TWELVE POINT FONT OR GREATER AND INCLUDE  A  CLEAR
 AND  CONSPICUOUS  DESCRIPTION  OF  EACH  CATEGORY OF DATA AND PROCESSING
 PURPOSE FOR WHICH CONSENT IS SOUGHT;
   (II) CLEARLY IDENTIFY AND DISTINGUISH BETWEEN CATEGORIES OF  DATA  AND
 PROCESSING  PURPOSES THAT ARE NECESSARY TO PROVIDE THE SERVICES OR GOODS
 REQUESTED BY THE CONSUMER AND CATEGORIES OF DATA AND PROCESSING PURPOSES
 THAT ARE NOT NECESSARY TO PROVIDE THE SERVICES OR GOODS REQUESTED BY THE
 CONSUMER;
   (III) ENABLE A REASONABLE CONSUMER TO EASILY IDENTIFY  THE  CATEGORIES
 OF DATA AND PROCESSING PURPOSES FOR WHICH CONSENT IS SOUGHT;
   (IV)  CLEARLY  PRESENT  AS  THE  MOST  CONSPICUOUS CHOICE AN OPTION TO
 PROVIDE ONLY THE CONSENT NECESSARY TO  PROVIDE  THE  SERVICES  OR  GOODS
 REQUESTED BY THE CONSUMER;
   (V) CLEARLY PRESENT AN OPTION TO DENY CONSENT; AND
   (VI) WHERE THE REQUEST SEEKS CONSENT TO SHARING, DISCLOSURE, TRANSFER,
 OR  SALE  OF SENSITIVE DATA TO THIRD PARTIES, IDENTIFY THE CATEGORIES OF
 SUCH THIRD PARTIES, THE CATEGORIES OF DATA SOLD OR SHARED WITH THEM, THE
 PROCESSING PURPOSES, THE RETENTION PERIOD, OR IF THAT IS  NOT  POSSIBLE,
 THE  CRITERIA  USED  TO DETERMINE THE PERIOD, AND STATE IF SUCH SHARING,
 DISCLOSURE, TRANSFER, OR SALE ENABLES OR INVOLVES TARGETED  ADVERTISING.
 THE  DETAILS OF THE CATEGORIES OF SUCH THIRD PARTIES, AND THE CATEGORIES
 OF DATA, PROCESSING PURPOSES, AND THE RETENTION PERIOD, MAY BE SET FORTH
 IN A  DIFFERENT  DISCLOSURE,  PROVIDED  THAT  THE  REQUEST  FOR  CONSENT
 CONTAINS A CONSPICUOUS AND DIRECTLY ACCESSIBLE LINK TO THAT DISCLOSURE.
   (C)  TARGETED  ADVERTISING  AND  SALE  OF  PERSONAL  DATA SHALL NOT BE
 CONSIDERED PROCESSING PURPOSES THAT ARE NECESSARY TO PROVIDE SERVICES OR
 GOODS REQUESTED BY A CONSUMER.
   (D) ONCE A CONSUMER HAS PROVIDED FREELY GIVEN, SPECIFIC, INFORMED, AND
 UNAMBIGUOUS OPT-IN CONSENT TO PROCESS THEIR SENSITIVE DATA FOR  A  PROC-
 ESSING  PURPOSE, A CONTROLLER MAY RELY ON SUCH CONSENT UNTIL IT IS WITH-
 DRAWN.
   (E) A CONTROLLER MUST PROVIDE A MECHANISM FOR A CONSUMER  TO  WITHDRAW
 PREVIOUSLY  GIVEN  CONSENT  AT ANY TIME. SUCH MECHANISM SHALL MAKE IT AS
 EASY FOR A CONSUMER TO WITHDRAW THEIR CONSENT AS IT IS FOR SUCH CONSUMER
 TO PROVIDE CONSENT.
   (F) A CONTROLLER MUST NOT INFER THAT A CONSUMER  HAS  PROVIDED  FREELY
 GIVEN,  SPECIFIC,  INFORMED,  AND  UNAMBIGUOUS  OPT-IN  CONSENT FROM THE
 CONSUMER'S INACTION OR THE CONSUMER'S CONTINUED  USE  OF  A  SERVICE  OR
 PRODUCT PROVIDED BY THE CONTROLLER.
 S. 8305--B                         103
   (G)  CONTROLLERS  MUST  NOT  REQUEST  CONSENT  FROM A CONSUMER WHO HAS
 PREVIOUSLY WITHHELD OR DENIED CONSENT TO PROCESS SENSITIVE  DATA,  UNTIL
 AT  LEAST  TWELVE  MONTHS AFTER A DENIAL, UNLESS CONSENT IS NECESSARY TO
 PROVIDE THE SERVICES OR GOODS REQUESTED BY THE CONSUMER.
   (H) CONTROLLERS MUST TREAT USER-ENABLED PRIVACY CONTROLLERS IN A BROW-
 SER,  BROWSER  PLUG-IN, SMARTPHONE APPLICATION, OPERATING SYSTEM, DEVICE
 SETTING, OR OTHER MECHANISM THAT COMMUNICATES OR SIGNALS THE  CONSUMER'S
 CHOICES  TO OPT OUT OF THE PROCESSING OF PERSONAL DATA IN FURTHERANCE OF
 TARGETED ADVERTISING, THE SALE OF THEIR PERSONAL DATA, OR  PROFILING  IN
 FURTHERANCE  OF  DECISIONS  THAT  PRODUCE LEGAL OR SIMILARLY SIGNIFICANT
 EFFECTS CONCERNING THE CONSUMER AS A DENIAL OF CONSENT TO PROCESS SENSI-
 TIVE DATA UNDER THIS ARTICLE. TO THE EXTENT  THAT  THE  PRIVACY  CONTROL
 CONFLICTS  WITH  A  CONSUMER'S  CONSENT,  THE  PRIVACY  CONTROL SETTINGS
 GOVERN, UNLESS THE CONSUMER PROVIDES FREELY GIVEN,  SPECIFIC,  INFORMED,
 AND UNAMBIGUOUS OPT-IN CONSENT TO OVERRIDE THE PRIVACY CONTROL, HOWEVER,
 THE  CONTROLLER MAY NOTIFY SUCH CONSUMER OF SUCH CONFLICT AND PROVIDE TO
 THE  CONSUMER THE CHOICE TO GIVE  CONTROLLER-SPECIFIC  CONSENT  TO  SUCH
 PROCESSING.
   (I)  (I)  A  CONTROLLER  MUST  NOT DISCRIMINATE AGAINST A CONSUMER FOR
 WITHHOLDING OR DENYING CONSENT, INCLUDING, BUT NOT LIMITED TO, BY:
   (A) DENYING SERVICES OR GOODS TO THE  CONSUMER,  UNLESS  THE  CONSUMER
 DOES  NOT  CONSENT  TO  PROCESSING  NECESSARY TO PROVIDE THE SERVICES OR
 GOODS REQUESTED BY THE CONSUMER;
   (B) CHARGING DIFFERENT PRICES FOR GOODS OR SERVICES, INCLUDING THROUGH
 THE USE OF DISCOUNTS OR OTHER BENEFITS, IMPOSING PENALTIES, OR PROVIDING
 A DIFFERENT LEVEL OR QUALITY OF SERVICES OR GOODS TO THE CONSUMER; OR
   (C) SUGGESTING THAT THE CONSUMER WILL RECEIVE  A  DIFFERENT  PRICE  OR
 RATE  FOR  GOODS OR SERVICES OR A DIFFERENT LEVEL OR QUALITY OF SERVICES
 OR GOODS.
   (II) A CONTROLLER SHALL NOT BE PROHIBITED FROM  OFFERING  A  DIFFERENT
 PRICE,  RATE,  LEVEL,  QUALITY,  OR  SELECTION OF GOODS OR SERVICES TO A
 CONSUMER, INCLUDING OFFERING GOODS OR SERVICES FOR NO FEE, IF THE OFFER-
 ING IS IN CONNECTION WITH A CONSUMER'S VOLUNTARY PARTICIPATION  IN  BONA
 FIDE  LOYALTY,  REWARDS,  PREMIUM  FEATURES,  DISCOUNTS,  OR  CLUB  CARD
 PROGRAM. IF A CONSUMER EXERCISES THEIR RIGHT PURSUANT TO  PARAGRAPH  (A)
 OF  SUBDIVISION  TWO OF THIS SECTION, A CONTROLLER MAY NOT SELL PERSONAL
 DATA TO A THIRD PARTY CONTROLLER AS PART OF SUCH A PROGRAM  UNLESS:  (A)
 THE  SALE IS REASONABLY NECESSARY TO ENABLE THE THIRD PARTY TO PROVIDE A
 BENEFIT TO WHICH THE CONSUMER IS ENTITLED; (B) THE SALE OF PERSONAL DATA
 TO THIRD PARTIES IS CLEARLY DISCLOSED IN THE TERMS OF THE  PROGRAM;  AND
 (C)  THE THIRD PARTY USES THE PERSONAL DATA ONLY FOR PURPOSES OF FACILI-
 TATING SUCH A BENEFIT TO WHICH THE CONSUMER IS  ENTITLED  AND  DOES  NOT
 RETAIN  OR  OTHERWISE  USE  OR  DISCLOSE THE PERSONAL DATA FOR ANY OTHER
 PURPOSE.
   (J) A CONTROLLER MAY, WITH  THE  CONSUMER'S  FREELY  GIVEN,  SPECIFIC,
 INFORMED, AND UNAMBIGUOUS OPT-IN CONSENT GIVEN PURSUANT TO THIS SECTION,
 OPERATE  A  PROGRAM  IN WHICH INFORMATION, PRODUCTS, OR SERVICES SOLD TO
 THE CONSUMER ARE  DISCOUNTED  BASED  SOLELY  ON  SUCH  CONSUMER'S  PRIOR
 PURCHASES  FROM THE CONTROLLER, PROVIDED THAT ANY SENSITIVE DATA USED TO
 OPERATE SUCH PROGRAM IS PROCESSED SOLELY FOR THE  PURPOSE  OF  OPERATING
 SUCH PROGRAM.
   (K) IN THE EVENT OF A MERGER, ACQUISITION, BANKRUPTCY, OR OTHER TRANS-
 ACTION  IN  WHICH  ANOTHER ENTITY ASSUMES CONTROL OR OWNERSHIP OF ALL OR
 MAJORITY OF  THE  CONTROLLER'S  ASSETS,  ANY  CONSENT  PROVIDED  TO  THE
 CONTROLLER BY A CONSUMER RELATING TO SENSITIVE DATA PRIOR TO SUCH TRANS-
 S. 8305--B                         104
 
 ACTION OTHER THAN CONSENT TO PROCESSING NECESSARY TO PROVIDE SERVICES OR
 GOODS REQUESTED BY THE CONSUMER, SHALL BE DEEMED WITHDRAWN.
   4.  RIGHT  TO  ACCESS.  UPON  THE  VERIFIED  REQUEST  OF A CONSUMER, A
 CONTROLLER SHALL:
   (A) CONFIRM WHETHER OR NOT THE CONTROLLER IS PROCESSING OR  HAS  PROC-
 ESSED  PERSONAL  DATA  OF THAT CONSUMER, AND PROVIDE ACCESS TO A COPY OF
 ANY SUCH PERSONAL DATA  IN  A  MANNER  UNDERSTANDABLE  TO  A  REASONABLE
 CONSUMER WHEN REQUESTED; AND
   (B)  PROVIDE THE CATEGORY OF EACH PROCESSOR OR THIRD PARTY TO WHOM THE
 CONTROLLER DISCLOSED, TRANSFERRED, OR SOLD THE CONSUMER'S PERSONAL  DATA
 AND,  FOR  EACH CATEGORY OF PROCESSOR OR THIRD PARTY, (I) THE CATEGORIES
 OF THE CONSUMER'S PERSONAL DATA DISCLOSED, TRANSFERRED, OR SOLD TO  EACH
 PROCESSOR  OR  THIRD PARTY AND (II) THE PURPOSES FOR WHICH EACH CATEGORY
 OF THE CONSUMER'S PERSONAL DATA WAS DISCLOSED, TRANSFERRED, OR  SOLD  TO
 EACH PROCESSOR OR THIRD PARTY.
   5. RIGHT TO PORTABLE DATA.  UPON A VERIFIED REQUEST, AND TO THE EXTENT
 TECHNICALLY FEASIBLE, THE CONTROLLER MUST: (A) PROVIDE TO THE CONSUMER A
 COPY  OF  ALL  OF, OR A PORTION OF, AS DESIGNATED IN A VERIFIED REQUEST,
 THE  CONSUMER'S  PERSONAL  DATA  IN  A  STRUCTURED,  COMMONLY  USED  AND
 MACHINE-READABLE  FORMAT  AND (B) TRANSMIT THE DATA TO ANOTHER PERSON OF
 THE CONSUMER'S OR THEIR AGENT'S DESIGNATION WITHOUT HINDRANCE.
   6. RIGHT TO CORRECT. (A) UPON THE VERIFIED REQUEST OF  A  CONSUMER  OR
 THEIR  AGENT,  A  CONTROLLER  MUST CONDUCT A REASONABLE INVESTIGATION TO
 DETERMINE WHETHER PERSONAL DATA, THE ACCURACY OF WHICH  IS  DISPUTED  BY
 THE  CONSUMER,  IS  INACCURATE,  WITH SUCH INVESTIGATION TO BE CONCLUDED
 WITHIN THE TIME PERIOD SET FORTH IN PARAGRAPH (A) OF  SUBDIVISION  EIGHT
 OF THIS SECTION.
   (B)  NOTWITHSTANDING  PARAGRAPH  (A) OF THIS SUBDIVISION, A CONTROLLER
 MAY TERMINATE AN INVESTIGATION INITIATED PURSUANT TO SUCH  PARAGRAPH  IF
 THE  CONTROLLER REASONABLY AND IN GOOD FAITH DETERMINES THAT THE DISPUTE
 BY THE CONSUMER IS WHOLLY WITHOUT MERIT, INCLUDING BY REASON OF A  FAIL-
 URE  BY  A CONSUMER TO PROVIDE SUFFICIENT INFORMATION TO INVESTIGATE THE
 DISPUTED PERSONAL DATA. UPON MAKING ANY DETERMINATION IN ACCORDANCE WITH
 THIS PARAGRAPH THAT A DISPUTE IS  WHOLLY  WITHOUT  MERIT,  A  CONTROLLER
 MUST,  WITHIN  THE TIME PERIOD SET FORTH IN PARAGRAPH (A) OF SUBDIVISION
 EIGHT OF THIS SECTION, PROVIDE THE  AFFECTED  CONSUMER  A  STATEMENT  IN
 WRITING THAT INCLUDES, AT A MINIMUM, THE SPECIFIC REASONS FOR THE DETER-
 MINATION,  AND IDENTIFICATION OF ANY INFORMATION REQUIRED TO INVESTIGATE
 THE DISPUTED PERSONAL DATA, WHICH MAY CONSIST  OF  A  STANDARDIZED  FORM
 DESCRIBING THE GENERAL NATURE OF SUCH INFORMATION.
   (C)  IF,  AFTER ANY INVESTIGATION UNDER PARAGRAPH (A) OF THIS SUBDIVI-
 SION OF ANY PERSONAL DATA  DISPUTED  BY  A  CONSUMER,  AN  ITEM  OF  THE
 PERSONAL  DATA  IS  FOUND  TO  BE INACCURATE OR INCOMPLETE, OR CANNOT BE
 VERIFIED, THE CONTROLLER MUST:
   (I) CORRECT THE INACCURATE OR INCOMPLETE PERSONAL DATA OF THE  CONSUM-
 ER; AND
   (II)  UNLESS IT PROVES IMPOSSIBLE OR INVOLVES DISPROPORTIONATE EFFORT,
 COMMUNICATE SUCH REQUEST TO EACH PROCESSOR OR THIRD PARTY  TO  WHOM  THE
 CONTROLLER  DISCLOSED, TRANSFERRED, OR SOLD THE PERSONAL DATA WITHIN ONE
 YEAR PRECEDING THE CONSUMER'S REQUEST, AND TO REQUIRE  THOSE  PROCESSORS
 OR  THIRD  PARTIES  TO  DO  THE SAME FOR ANY FURTHER PROCESSORS OR THIRD
 PARTIES THEY DISCLOSED, TRANSFERRED, OR SOLD THE PERSONAL DATA TO.
   (D) IF THE INVESTIGATION DOES NOT RESOLVE THE  DISPUTE,  THE  CONSUMER
 MAY  FILE WITH THE CONTROLLER A BRIEF STATEMENT SETTING FORTH THE NATURE
 OF THE DISPUTE. WHENEVER A STATEMENT OF A DISPUTE IS FILED, UNLESS THERE
 EXISTS REASONABLE GROUNDS TO BELIEVE THAT IT IS  WHOLLY  WITHOUT  MERIT,
 S. 8305--B                         105
 
 THE CONTROLLER MUST NOTE THAT IT IS DISPUTED BY THE CONSUMER AND INCLUDE
 EITHER  THE CONSUMER'S STATEMENT OR A CLEAR AND ACCURATE CODIFICATION OR
 SUMMARY  THEREOF  WITH  THE  DISPUTED  PERSONAL  DATA  WHENEVER  IT   IS
 DISCLOSED, TRANSFERRED, OR SOLD TO ANY PROCESSOR OR THIRD PARTY.
   7.  RIGHT  TO  DELETE.  (A) UPON THE VERIFIED REQUEST OF A CONSUMER, A
 CONTROLLER MUST:
   (I) WITHIN FORTY-FIVE  DAYS  AFTER  RECEIVING  THE  VERIFIED  REQUEST,
 DELETE  ANY  OR  ALL OF THE CONSUMER'S PERSONAL DATA, AS DIRECTED BY THE
 CONSUMER OR THEIR AGENT,  THAT THE CONTROLLER POSSESSES OR CONTROLS; AND
   (II) UNLESS IT PROVES IMPOSSIBLE OR INVOLVES  DISPROPORTIONATE  EFFORT
 THAT  IS  DOCUMENTED  IN  WRITING  BY  THE  CONTROLLER, COMMUNICATE SUCH
 REQUEST TO  EACH  PROCESSOR  OR  THIRD  PARTY  TO  WHOM  THE  CONTROLLER
 DISCLOSED, TRANSFERRED OR SOLD THE PERSONAL DATA WITHIN ONE YEAR PRECED-
 ING  THE  CONSUMER'S  REQUEST  AND  TO REQUIRE THOSE PROCESSORS OR THIRD
 PARTIES TO DO THE SAME FOR ANY FURTHER PROCESSORS OR THIRD PARTIES  THEY
 DISCLOSED, TRANSFERRED, OR SOLD THE PERSONAL DATA TO.
   (B) FOR PERSONAL DATA THAT IS NOT POSSESSED BY THE CONTROLLER BUT BY A
 PROCESSOR  OF  THE CONTROLLER, THE CONTROLLER MAY CHOOSE TO (I) COMMUNI-
 CATE THE CONSUMER'S REQUEST FOR  DELETION  TO  THE  PROCESSOR,  OR  (II)
 REQUEST  THAT  THE  PROCESSOR RETURN TO THE CONTROLLER THE PERSONAL DATA
 THAT IS THE SUBJECT OF THE CONSUMER'S REQUEST AND DELETE  SUCH  PERSONAL
 DATA UPON RECEIPT OF THE REQUEST.
   (C) A CONSUMER'S DELETION OF THEIR ONLINE ACCOUNT MUST BE TREATED AS A
 REQUEST TO THE CONTROLLER TO DELETE ALL OF THAT CONSUMER'S PERSONAL DATA
 DIRECTLY RELATED TO THAT ACCOUNT.
   (D)  A  CONTROLLER  MUST  MAINTAIN  REASONABLE  PROCEDURES DESIGNED TO
 PREVENT THE REAPPEARANCE IN ITS SYSTEMS, AND IN ANY DATA  IT  DISCLOSES,
 TRANSFERS,  OR  SELLS TO ANY PROCESSOR OR THIRD PARTY, THE PERSONAL DATA
 THAT IS DELETED PURSUANT TO THIS SUBDIVISION.
   (E) A CONTROLLER IS NOT REQUIRED TO COMPLY WITH A  CONSUMER'S  REQUEST
 TO DELETE PERSONAL DATA IF:
   (I)  COMPLYING  WITH  THE  REQUEST  WOULD  PREVENT THE CONTROLLER FROM
 PERFORMING ACCOUNTING  FUNCTIONS,  PROCESSING  REFUNDS,  EFFECTUATING  A
 PRODUCT  RECALL PURSUANT TO FEDERAL OR STATE LAW, OR FULFILLING WARRANTY
 CLAIMS, PROVIDED THAT THE PERSONAL DATA  THAT  IS  THE  SUBJECT  OF  THE
 REQUEST IS NOT PROCESSED FOR ANY PURPOSE OTHER THAN SUCH SPECIFIC ACTIV-
 ITIES; OR
   (II)  IT  IS  NECESSARY  FOR THE CONTROLLER TO MAINTAIN THE CONSUMER'S
 PERSONAL DATA TO ENGAGE IN PUBLIC OR PEER-REVIEWED  SCIENTIFIC,  HISTOR-
 ICAL, OR STATISTICAL RESEARCH IN THE PUBLIC INTEREST THAT ADHERES TO ALL
 OTHER APPLICABLE ETHICS AND PRIVACY LAWS, WHEN THE CONTROLLER'S DELETION
 OF  THE  INFORMATION  IS LIKELY TO RENDER IMPOSSIBLE OR SERIOUSLY IMPAIR
 THE ACHIEVEMENT OF SUCH RESEARCH, PROVIDED THAT THE CONSUMER  HAS  GIVEN
 INFORMED  CONSENT AND THE PERSONAL DATA IS NOT PROCESSED FOR ANY PURPOSE
 OTHER THAN SUCH RESEARCH.
   (F) WHERE A CONSUMER'S REQUEST FOR DELETION IS DENIED, THE  CONTROLLER
 SHALL PROVIDE THE CONSUMER WITH A WRITTEN JUSTIFICATION FOR SUCH DENIAL.
   8.    RESPONDING  TO REQUESTS. (A) A CONTROLLER MUST TAKE ACTION UNDER
 SUBDIVISIONS FOUR THROUGH SEVEN OF THIS SECTION AND INFORM THE  CONSUMER
 OF  ANY ACTIONS TAKEN WITHOUT UNDUE DELAY AND IN ANY EVENT WITHIN FORTY-
 FIVE DAYS OF RECEIPT OF THE REQUEST. THAT PERIOD MAY BE EXTENDED ONCE BY
 FORTY-FIVE ADDITIONAL  DAYS  WHERE  REASONABLY  NECESSARY,  TAKING  INTO
 ACCOUNT  THE  COMPLEXITY AND NUMBER OF THE REQUESTS. THE CONTROLLER MUST
 INFORM THE CONSUMER OF ANY SUCH  EXTENSION  WITHIN  FORTY-FIVE  DAYS  OF
 RECEIPT  OF THE REQUEST, TOGETHER WITH THE REASONS FOR THE DELAY. WHEN A
 CONTROLLER DENIES ANY SUCH REQUEST, IT MUST WITHIN THIS PERIOD  DISCLOSE
 S. 8305--B                         106
 TO  THE  CONSUMER A STATEMENT IN WRITING OF THE SPECIFIC REASONS FOR THE
 DENIAL AND INSTRUCTIONS FOR HOW TO APPEAL THE DECISION.
   (B) A CONTROLLER SHALL PERMIT THE EXERCISE OF RIGHTS AND CARRY OUT ITS
 OBLIGATIONS SET FORTH IN SUBDIVISIONS FOUR THROUGH SEVEN OF THIS SECTION
 FREE  OF CHARGE, AT LEAST TWICE ANNUALLY TO THE CONSUMER. WHERE REQUESTS
 FROM A CONSUMER ARE MANIFESTLY UNFOUNDED  OR  EXCESSIVE,  IN  PARTICULAR
 BECAUSE  OF  THEIR  REPETITIVE  CHARACTER, THE CONTROLLER MAY EITHER (I)
 CHARGE A REASONABLE FEE TO COVER THE ADMINISTRATIVE COSTS  OF  COMPLYING
 WITH  THE  REQUEST  OR  (II) REFUSE TO ACT ON THE REQUEST AND NOTIFY THE
 CONSUMER OF THE REASON FOR REFUSING THE REQUEST.  THE  CONTROLLER  BEARS
 THE  BURDEN OF DEMONSTRATING THE MANIFESTLY UNFOUNDED OR EXCESSIVE CHAR-
 ACTER OF THE REQUEST.
   (C) (I)  A  CONTROLLER  SHALL  PROMPTLY  ATTEMPT,  USING  COMMERCIALLY
 REASONABLE  EFFORTS,  TO VERIFY THAT ALL REQUESTS TO EXERCISE ANY RIGHTS
 SET FORTH IN ANY SECTION OF THIS ARTICLE REQUIRING  A  VERIFIED  REQUEST
 WERE MADE BY THE CONSUMER WHO IS THE SUBJECT OF THE DATA, OR BY A PERSON
 LAWFULLY  EXERCISING  THE  RIGHT  ON  BEHALF  OF THE CONSUMER WHO IS THE
 SUBJECT OF THE DATA. COMMERCIALLY REASONABLE EFFORTS SHALL BE DETERMINED
 BASED ON THE TOTALITY OF THE CIRCUMSTANCES, INCLUDING THE NATURE OF  THE
 DATA IMPLICATED BY THE REQUEST.
   (II)  A  CONTROLLER  MAY  REQUIRE  THE  CONSUMER TO PROVIDE ADDITIONAL
 INFORMATION ONLY IF THE REQUEST CANNOT REASONABLY  BE  VERIFIED  WITHOUT
 THE  PROVISION  OF  SUCH  ADDITIONAL  INFORMATION. A CONTROLLER MUST NOT
 TRANSFER OR PROCESS ANY SUCH ADDITIONAL INFORMATION PROVIDED PURSUANT TO
 THIS SECTION FOR ANY OTHER PURPOSE AND MUST DELETE ANY  SUCH  ADDITIONAL
 INFORMATION  WITHOUT UNDUE DELAY AND IN ANY EVENT WITHIN FORTY-FIVE DAYS
 AFTER THE CONTROLLER HAS NOTIFIED THE CONSUMER THAT IT HAS TAKEN  ACTION
 ON  A  REQUEST  UNDER SUBDIVISIONS FOUR THROUGH SEVEN OF THIS SECTION AS
 DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (III) IF A CONTROLLER DISCLOSES THIS  ADDITIONAL  INFORMATION  TO  ANY
 PROCESSOR  OR  THIRD  PARTY  FOR  THE  PURPOSE  OF  VERIFYING A CONSUMER
 REQUEST, IT MUST NOTIFY THE RECEIVING PROCESSOR OR THIRD  PARTY  AT  THE
 TIME  OF  SUCH  DISCLOSURE,  OR AS CLOSE IN TIME TO THE DISCLOSURE AS IS
 REASONABLY PRACTICABLE,  THAT  SUCH  INFORMATION  WAS  PROVIDED  BY  THE
 CONSUMER  FOR  THE  SOLE PURPOSE OF VERIFICATION AND CANNOT BE PROCESSED
 FOR ANY PURPOSE OTHER THAN VERIFICATION.
   9. IMPLEMENTATION OF RIGHTS. CONTROLLERS MUST PROVIDE EASILY  ACCESSI-
 BLE  AND  CONVENIENT  MEANS FOR CONSUMERS TO EXERCISE THEIR RIGHTS UNDER
 THIS ARTICLE.
   10. NON-WAIVER OF RIGHTS. ANY PROVISION OF A CONTRACT OR AGREEMENT  OF
 ANY  KIND THAT PURPORTS TO WAIVE OR LIMIT IN ANY WAY A CONSUMER'S RIGHTS
 UNDER THIS ARTICLE IS CONTRARY TO PUBLIC POLICY AND IS  VOID  AND  UNEN-
 FORCEABLE.
   §  1103.   CONTROLLER, PROCESSOR, AND THIRD PARTY RESPONSIBILITIES. 1.
 CONTROLLER RESPONSIBILITIES. (A)  DATA  PROTECTION  ASSESSMENTS.  (I)  A
 CONTROLLER  SHALL  REGULARLY  CONDUCT  AND  DOCUMENT  A  DATA PROTECTION
 ASSESSMENT FOR EACH  OF  THE  CONTROLLER'S  PROCESSING  ACTIVITIES  THAT
 PRESENTS  A  HEIGHTENED  RISK OF HARM TO A CONSUMER. FOR THE PURPOSES OF
 THIS SECTION, PROCESSING THAT PRESENTS A HEIGHTENED RISK OF  HARM  TO  A
 CONSUMER  INCLUDES: (A) THE PROCESSING OF PERSONAL DATA FOR THE PURPOSES
 OF TARGETING ADVERTISING, (B) THE SALE OF PERSONAL DATA, (C)  THE  PROC-
 ESSING  OF  PERSONAL  DATA  FOR  THE  PURPOSES  OF PROFILING, WHERE SUCH
 PROFILING PRESENTS A REASONABLY FORESEEABLE RISK OF (I) UNFAIR OR DECEP-
 TIVE TREATMENT OF, OR  UNLAWFUL  DISPARATE  IMPACT  ON  CONSUMERS,  (II)
 FINANCIAL,  PHYSICAL  OR REPUTATIONAL INJURY TO CONSUMERS, (III) A PHYS-
 ICAL OR OTHER INTRUSION UPON THE SOLITUDE OR SECLUSION, OR  THE  PRIVATE
 S. 8305--B                         107
 
 AFFAIRS OR CONCERNS OF CONSUMERS WHERE SUCH INTRUSION WOULD BE OFFENSIVE
 TO  A  REASONABLE PERSON, OR (IV) OTHER SUBSTANTIAL INJURY TO CONSUMERS;
 AND (D) THE PROCESSING OF SENSITIVE DATA.
   (II)  DATA  PROTECTION  ASSESSMENTS CONDUCTED PURSUANT TO SUBPARAGRAPH
 (I) OF THIS PARAGRAPH SHALL IDENTIFY AND WEIGH  THE  BENEFITS  THAT  MAY
 FLOW,  DIRECTLY  AND  INDIRECTLY, FROM THE PROCESSING TO THE CONTROLLER,
 THE CONSUMER, OTHER STAKEHOLDERS AND THE PUBLIC  AGAINST  THE  POTENTIAL
 RISKS  TO THE RIGHTS OF THE CONSUMER ASSOCIATED WITH SUCH PROCESSING, AS
 MITIGATED BY SAFEGUARDS THAT CAN BE EMPLOYED BY THE CONTROLLER TO REDUCE
 SUCH RISKS. THE CONTROLLER SHALL FACTOR INTO ANY  SUCH  DATA  PROTECTION
 ASSESSMENT THAT USE OF DEIDENTIFIED DATA AND THE REASONABLE EXPECTATIONS
 OF CONSUMERS, AS WELL AS THE CONTEXT OF THE PROCESSING AND THE RELATION-
 SHIP BETWEEN THE CONTROLLER AND THE CONSUMER WHOSE PERSONAL DATA WILL BE
 PROCESSED.
   (III)  THE ATTORNEY GENERAL MAY REQUIRE THAT A CONTROLLER DISCLOSE ANY
 DATA  PROTECTION  ASSESSMENT  THAT  IS  RELEVANT  TO  AN   INVESTIGATION
 CONDUCTED  BY  THE  ATTORNEY  GENERAL, AND THE CONTROLLER SHALL MAKE THE
 DATA PROTECTION ASSESSMENT AVAILABLE TO THE ATTORNEY GENERAL. THE ATTOR-
 NEY GENERAL MAY  EVALUATE  THE  DATA  PROTECTION  ASSESSMENT  TO  ASSESS
 COMPLIANCE  WITH THE PROVISIONS OF THIS ARTICLE. DATA PROTECTION ASSESS-
 MENTS SHALL BE CONFIDENTIAL AND SHALL BE EXEMPT  FROM  DISCLOSURE  UNDER
 THE  FREEDOM OF INFORMATION LAW. TO THE EXTENT ANY INFORMATION CONTAINED
 IN A DATA PROTECTION  ASSESSMENT  DISCLOSURE  TO  THE  ATTORNEY  GENERAL
 INCLUDES  INFORMATION SUBJECT TO ATTORNEY-CLIENT PRIVILEGE OR WORK PROD-
 UCT PROTECTION, SUCH DISCLOSURE SHALL NOT CONSTITUTE A  WAIVER  OF  SUCH
 PRIVILEGE OR PROTECTION.
   (IV)  A SINGLE DATA PROTECTION ASSESSMENT MAY ADDRESS A COMPARABLE SET
 OF PROCESSING OPERATIONS THAT INCLUDE SIMILAR ACTIVITIES.
   (V) IF A CONTROLLER CONDUCTS A  DATA  PROTECTION  ASSESSMENT  FOR  THE
 PURPOSE OF COMPLYING WITH ANOTHER APPLICABLE LAW OR REGULATION, THE DATA
 PROTECTION ASSESSMENT SHALL BE DEEMED TO SATISFY THE REQUIREMENTS ESTAB-
 LISHED  IN THIS SECTION IF SUCH DATA PROTECTION ASSESSMENT IS REASONABLY
 SIMILAR IN SCOPE AND EFFECT TO THE DATA PROTECTION ASSESSMENT THAT WOULD
 OTHERWISE BE CONDUCTED PURSUANT TO THIS SECTION.
   (VI) DATA PROTECTION ASSESSMENT REQUIREMENTS SHALL APPLY TO PROCESSING
 ACTIVITIES CREATED OR GENERATED AFTER THE EFFECTIVE DATE OF  THIS  ARTI-
 CLE.
   (B)  CONTROLLERS MUST NOT ENGAGE IN UNFAIR, DECEPTIVE, OR ABUSIVE ACTS
 OR PRACTICES WITH RESPECT TO OBTAINING CONSUMER CONSENT, THE  PROCESSING
 OF  PERSONAL  DATA,  AND  A CONSUMER'S EXERCISE OF ANY RIGHTS UNDER THIS
 ARTICLE, INCLUDING WITHOUT LIMITATION:
   (I) DESIGNING A USER INTERFACE WITH THE PURPOSE OR SUBSTANTIAL  EFFECT
 OF  DECEIVING CONSUMERS, OBSCURING CONSUMERS' RIGHTS UNDER THIS ARTICLE,
 OR SUBVERTING OR IMPAIRING USER AUTONOMY, DECISION-MAKING, OR CHOICE; OR
   (II) OBTAINING CONSENT IN A MANNER DESIGNED TO OVERPOWER A  CONSUMER'S
 RESISTANCE; FOR EXAMPLE, BY MAKING EXCESSIVE REQUESTS FOR CONSENT.
   (C) CONTROLLERS MUST DEVELOP, IMPLEMENT, AND MAINTAIN REASONABLE SAFE-
 GUARDS  TO  PROTECT  THE  SECURITY, CONFIDENTIALITY AND INTEGRITY OF THE
 PERSONAL DATA OF CONSUMERS INCLUDING ADOPTING REASONABLE ADMINISTRATIVE,
 TECHNICAL AND PHYSICAL SAFEGUARDS APPROPRIATE TO THE VOLUME  AND  NATURE
 OF THE PERSONAL DATA AT ISSUE.
   (D) (I) A CONTROLLER SHALL LIMIT THE USE AND RETENTION OF A CONSUMER'S
 PERSONAL  DATA TO WHAT IS (A) NECESSARY TO PROVIDE THE SERVICES OR GOODS
 REQUESTED BY THE CONSUMER, (B) NECESSARY FOR THE INTERNAL BUSINESS OPER-
 ATIONS OF THE CONTROLLER AND CONSISTENT WITH THE DISCLOSURES MADE TO THE
 S. 8305--B                         108
 
 CONSUMER PURSUANT TO SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE, OR  (C)
 NECESSARY TO COMPLY WITH THE LEGAL OBLIGATIONS OF THE CONTROLLER.
   (II)  AT LEAST ANNUALLY, A CONTROLLER SHALL REVIEW ITS RETENTION PRAC-
 TICES FOR THE PURPOSE OF ENSURING THAT IT  IS  MAINTAINING  THE  MINIMUM
 AMOUNT  OF  PERSONAL DATA AS IS NECESSARY FOR THE OPERATION OF ITS BUSI-
 NESS. A CONTROLLER MUST SECURELY DISPOSE OF ALL PERSONAL DATA THAT IS NO
 LONGER (A) NECESSARY TO PROVIDE THE SERVICES OR GOODS REQUESTED  BY  THE
 CONSUMER,  (B)  NECESSARY  FOR  THE  INTERNAL BUSINESS OPERATIONS OF THE
 CONTROLLER AND CONSISTENT WITH THE  DISCLOSURES  MADE  TO  THE  CONSUMER
 PURSUANT TO SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE, OR (C) NECESSARY
 TO COMPLY WITH THE LEGAL OBLIGATIONS OF THE CONTROLLER.
   (E)  NON-DISCRIMINATION.  (I)  (A)  A CONTROLLER MUST NOT DISCRIMINATE
 AGAINST A CONSUMER FOR EXERCISING RIGHTS UNDER THIS  ARTICLE,  INCLUDING
 BUT NOT LIMITED TO, BY:
   (I) DENYING SERVICES OR GOODS TO CONSUMERS;
   (II)  CHARGING  DIFFERENT  PRICES  FOR  SERVICES  OR  GOODS, INCLUDING
 THROUGH THE USE OF DISCOUNTS OR OTHER BENEFITS; IMPOSING  PENALTIES;  OR
 PROVIDING  A  DIFFERENT  LEVEL  OR  QUALITY  OF SERVICES OR GOODS TO THE
 CONSUMER; OR
   (III) SUGGESTING THAT THE CONSUMER WILL RECEIVE A DIFFERENT  PRICE  OR
 RATE  FOR  SERVICES OR GOODS OR A DIFFERENT LEVEL OR QUALITY OF SERVICES
 OR GOODS.
   (B) A CONTROLLER SHALL NOT BE PROHIBITED  FROM  OFFERING  A  DIFFERENT
 PRICE,  RATE,  LEVEL,  QUALITY,  OR  SELECTION OF GOODS OR SERVICES TO A
 CONSUMER, INCLUDING OFFERING GOODS OR SERVICES FOR NO FEE, IF THE OFFER-
 ING IS IN CONNECTION WITH A CONSUMER'S VOLUNTARY PARTICIPATION  IN  BONA
 FIDE  LOYALTY,  REWARDS,  PREMIUM  FEATURES,  DISCOUNTS,  OR  CLUB  CARD
 PROGRAM. IF A CONSUMER EXERCISES THEIR RIGHT PURSUANT TO  PARAGRAPH  (A)
 OF  SUBDIVISION  TWO  OF  SECTION  ELEVEN HUNDRED TWO OF THIS ARTICLE, A
 CONTROLLER MAY NOT SELL PERSONAL DATA TO A  THIRD  PARTY  CONTROLLER  AS
 PART  OF  SUCH A PROGRAM UNLESS: (I) THE SALE IS REASONABLY NECESSARY TO
 ENABLE THE THIRD PARTY TO PROVIDE A BENEFIT TO  WHICH  THE  CONSUMER  IS
 ENTITLED;  (II)  THE  SALE  OF PERSONAL DATA TO THIRD PARTIES IS CLEARLY
 DISCLOSED IN THE TERMS OF THE PROGRAM; AND (III) THE  THIRD  PARTY  USES
 THE  PERSONAL  DATA  ONLY FOR PURPOSES OF FACILITATING SUCH A BENEFIT TO
 WHICH THE CONSUMER IS ENTITLED AND DOES NOT RETAIN OR OTHERWISE  USE  OR
 DISCLOSE THE PERSONAL DATA FOR ANY OTHER PURPOSE.
   (II)  THIS  PARAGRAPH  DOES  NOT  APPLY TO A CONTROLLER'S CONDUCT WITH
 RESPECT TO OPT-IN CONSENT, IN WHICH CASE PARAGRAPH  (J)  OF  SUBDIVISION
 THREE OF SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE GOVERNS.
   (F)  AGREEMENTS  WITH  PROCESSORS.  (I)  BEFORE MAKING ANY DISCLOSURE,
 TRANSFER, OR SALE OF PERSONAL DATA TO ANY PROCESSOR, THE CONTROLLER MUST
 ENTER INTO A WRITTEN, SIGNED CONTRACT WITH THAT PROCESSOR. SUCH CONTRACT
 MUST BE BINDING AND CLEARLY SET FORTH INSTRUCTIONS FOR PROCESSING  DATA,
 THE  NATURE AND PURPOSE OF PROCESSING, THE TYPE OF DATA SUBJECT TO PROC-
 ESSING, THE DURATION OF PROCESSING, AND THE RIGHTS  AND  OBLIGATIONS  OF
 BOTH  PARTIES.  THE  CONTRACT  MUST  ALSO  INCLUDE REQUIREMENTS THAT THE
 PROCESSOR MUST:
   (A) ENSURE THAT EACH PERSON PROCESSING PERSONAL DATA IS SUBJECT  TO  A
 DUTY OF CONFIDENTIALITY WITH RESPECT TO THE DATA;
   (B)  PROTECT  THE DATA IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF
 THIS ARTICLE AND AT LEAST EQUAL TO  THE  SECURITY  REQUIREMENTS  OF  THE
 CONTROLLER  SET  FORTH IN THEIR PUBLICLY AVAILABLE POLICIES, NOTICES, OR
 SIMILAR STATEMENTS;
 S. 8305--B                         109
 
   (C) PROCESS THE DATA ONLY WHEN AND TO THE EXTENT NECESSARY  TO  COMPLY
 WITH ITS LEGAL OBLIGATIONS TO THE CONTROLLER UNLESS OTHERWISE EXPLICITLY
 AUTHORIZED BY THE CONTROLLER;
   (D) NOT COMBINE THE PERSONAL DATA WHICH THE PROCESSOR RECEIVES FROM OR
 ON  BEHALF  OF  THE  CONTROLLER  WITH  PERSONAL DATA WHICH THE PROCESSOR
 RECEIVES FROM OR ON BEHALF OF ANOTHER PERSON OR COLLECTS  FROM  ITS  OWN
 INTERACTION WITH CONSUMERS;
   (E)  COMPLY  WITH  ANY  EXERCISES OF A CONSUMER'S RIGHTS UNDER SECTION
 ELEVEN HUNDRED TWO OF THIS ARTICLE UPON THE REQUEST OF  THE  CONTROLLER,
 SUBJECT  TO  THE LIMITATIONS SET FORTH IN SECTION ELEVEN HUNDRED FIVE OF
 THIS ARTICLE;
   (F) AT THE CONTROLLER'S DIRECTION, DELETE OR RETURN ALL PERSONAL  DATA
 TO  THE CONTROLLER AS REQUESTED AT THE END OF THE PROVISION OF SERVICES,
 UNLESS RETENTION OF THE PERSONAL DATA IS REQUIRED BY LAW;
   (G) UPON THE REASONABLE REQUEST OF THE CONTROLLER, MAKE  AVAILABLE  TO
 THE  CONTROLLER  ALL DATA IN ITS POSSESSION NECESSARY TO DEMONSTRATE THE
 PROCESSOR'S COMPLIANCE WITH THE OBLIGATIONS IN THIS ARTICLE;
   (H) ALLOW, AND COOPERATE WITH, REASONABLE ASSESSMENTS BY THE  CONTROL-
 LER OR THE CONTROLLER'S DESIGNATED ASSESSOR; ALTERNATIVELY, THE PROCESS-
 OR  MAY  ARRANGE  FOR A QUALIFIED AND INDEPENDENT ASSESSOR TO CONDUCT AN
 ASSESSMENT OF THE PROCESSOR'S POLICIES AND TECHNICAL AND  ORGANIZATIONAL
 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 PROCESSOR SHALL PROVIDE A REPORT OF
 SUCH ASSESSMENT TO THE CONTROLLER UPON REQUEST;
   (I) A REASONABLE TIME IN ADVANCE BEFORE DISCLOSING OR TRANSFERRING THE
 DATA TO ANY FURTHER PROCESSORS, NOTIFY THE CONTROLLER OF SUCH A PROPOSED
 DISCLOSURE OR TRANSFER AND PROVIDE  THE  CONTROLLER  AN  OPPORTUNITY  TO
 APPROVE OR REJECT THE PROPOSAL; AND
   (J)  ENGAGE  ANY  FURTHER  PROCESSOR  PURSUANT  TO  A  WRITTEN, SIGNED
 CONTRACT THAT INCLUDES THE CONTRACTUAL  REQUIREMENTS  PROVIDED  IN  THIS
 PARAGRAPH, CONTAINING AT MINIMUM THE SAME OBLIGATIONS THAT THE PROCESSOR
 HAS ENTERED INTO WITH REGARD TO THE DATA.
   (II)  A  CONTROLLER  MUST  NOT  AGREE  TO INDEMNIFY, DEFEND, OR HOLD A
 PROCESSOR HARMLESS, OR AGREE TO A  PROVISION  THAT  HAS  THE  EFFECT  OF
 INDEMNIFYING,  DEFENDING, OR HOLDING THE PROCESSOR HARMLESS, FROM CLAIMS
 OR LIABILITY  ARISING  FROM  THE  PROCESSOR'S  BREACH  OF  THE  CONTRACT
 REQUIRED  BY  CLAUSE  (A)  OF  SUBPARAGRAPH  (I)  OF THIS PARAGRAPH OR A
 VIOLATION OF THIS ARTICLE. ANY PROVISION OF AN AGREEMENT  THAT  VIOLATES
 THIS  SUBPARAGRAPH  IS  CONTRARY  TO PUBLIC POLICY AND IS VOID AND UNEN-
 FORCEABLE.
   (III) NOTHING IN THIS PARAGRAPH RELIEVES A CONTROLLER OR  A  PROCESSOR
 FROM THE LIABILITIES IMPOSED ON IT BY VIRTUE OF ITS ROLE IN THE PROCESS-
 ING RELATIONSHIP AS DEFINED BY THIS ARTICLE.
   (IV) DETERMINING WHETHER A PERSON IS ACTING AS A CONTROLLER OR PROCES-
 SOR WITH RESPECT TO A SPECIFIC PROCESSING OF DATA IS A FACT-BASED DETER-
 MINATION  THAT  DEPENDS UPON THE CONTEXT IN WHICH PERSONAL DATA IS TO BE
 PROCESSED. A PROCESSOR  THAT  CONTINUES  TO  ADHERE  TO  A  CONTROLLER'S
 INSTRUCTIONS  WITH  RESPECT  TO  A  SPECIFIC PROCESSING OF PERSONAL DATA
 REMAINS A PROCESSOR.
   (G) THIRD PARTIES. (I) A CONTROLLER MUST NOT SHARE,  DISCLOSE,  TRANS-
 FER,  OR  SELL  PERSONAL  DATA,  OR FACILITATE OR ENABLE THE PROCESSING,
 DISCLOSURE, TRANSFER, OR SALE TO A THIRD  PARTY  OF  PERSONAL  DATA  FOR
 WHICH A CONSUMER HAS EXERCISED THEIR OPT-OUT RIGHTS PURSUANT TO SUBDIVI-
 SION  TWO  OF  SECTION  ELEVEN HUNDRED TWO OF THIS ARTICLE, OR FOR WHICH
 CONSENT OF THE CONSUMER PURSUANT TO SUBDIVISION THREE OF SECTION  ELEVEN
 S. 8305--B                         110
 HUNDRED  TWO  OF THIS ARTICLE, HAS NOT BEEN OBTAINED OR IS NOT CURRENTLY
 IN EFFECT. ANY REQUEST FOR CONSENT TO SHARE, DISCLOSE, TRANSFER, OR SELL
 PERSONAL DATA, OR TO FACILITATE OR ENABLE  THE  PROCESSING,  DISCLOSURE,
 TRANSFER,  OR SALE OF PERSONAL DATA TO A THIRD PARTY OF PERSONAL DATA TO
 A THIRD PARTY MUST CLEARLY INCLUDE THE CATEGORY OF THE THIRD  PARTY  AND
 THE  PROCESSING  PURPOSES FOR WHICH THE THIRD PARTY MAY USE THE PERSONAL
 DATA.
   (II) A CONTROLLER MUST NOT SHARE, DISCLOSE, TRANSFER, OR SELL PERSONAL
 DATA, OR FACILITATE OR ENABLE THE PROCESSING, DISCLOSURE,  TRANSFER,  OR
 SALE  TO  A THIRD PARTY OF PERSONAL DATA IF IT CAN REASONABLY EXPECT THE
 PERSONAL DATA OF A CONSUMER TO BE USED FOR PURPOSES FOR WHICH A CONSUMER
 HAS EXERCISED THEIR  OPT-OUT  RIGHTS  PURSUANT  TO  SUBDIVISION  TWO  OF
 SECTION  ELEVEN  HUNDRED  TWO OF THIS ARTICLE, OR FOR WHICH THE CONSUMER
 HAS NOT CONSENTED TO PURSUANT TO SUBDIVISION  THREE  OF  SECTION  ELEVEN
 HUNDRED  TWO  OF  THIS  ARTICLE, OR IF IT CAN REASONABLY EXPECT THAT ANY
 RIGHTS OF THE CONSUMER PROVIDED IN THIS ARTICLE WOULD BE COMPROMISED  AS
 A RESULT OF SUCH TRANSACTION.
   (III) BEFORE MAKING ANY DISCLOSURE, TRANSFER, OR SALE OF PERSONAL DATA
 TO  ANY  THIRD  PARTY,  THE CONTROLLER MUST ENTER INTO A WRITTEN, SIGNED
 CONTRACT. SUCH CONTRACT MUST BE  BINDING  AND  THE  SCOPE,  NATURE,  AND
 PURPOSE OF PROCESSING, THE TYPE OF DATA SUBJECT TO PROCESSING, THE DURA-
 TION  OF  PROCESSING,  AND  THE  RIGHTS AND OBLIGATIONS OF BOTH PARTIES.
 SUCH CONTRACT MUST INCLUDE REQUIREMENTS THAT THE THIRD PARTY:
   (A) PROCESS THAT DATA ONLY TO THE EXTENT PERMITTED  BY  THE  AGREEMENT
 ENTERED INTO WITH THE CONTROLLER; AND
   (B)  PROVIDE  A MECHANISM TO COMPLY WITH ANY EXERCISES OF A CONSUMER'S
 RIGHTS UNDER SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE UPON THE REQUEST
 OF THE CONTROLLER, SUBJECT TO ANY LIMITATIONS THEREON AS  AUTHORIZED  BY
 THIS ARTICLE; AND
   (C)  TO  THE  EXTENT THE DISCLOSURE, TRANSFER, OR SALE OF THE PERSONAL
 DATA CAUSES THE THIRD PARTY TO BECOME  A  CONTROLLER,  COMPLY  WITH  ALL
 OBLIGATIONS IMPOSED ON CONTROLLERS UNDER THIS ARTICLE.
   2.  PROCESSOR  RESPONSIBILITIES.  (A)  FOR  ANY  PERSONAL DATA THAT IS
 OBTAINED, RECEIVED, PURCHASED, OR OTHERWISE  ACQUIRED  BY  A  PROCESSOR,
 WHETHER DIRECTLY FROM A CONTROLLER OR INDIRECTLY FROM ANOTHER PROCESSOR,
 THE PROCESSOR MUST COMPLY WITH THE REQUIREMENTS SET FORTH IN CLAUSES (A)
 THROUGH  (J)  OF SUBPARAGRAPH (I) OF PARAGRAPH (F) OF SUBDIVISION ONE OF
 THIS SECTION.
   (B) A PROCESSOR IS NOT REQUIRED TO COMPLY  WITH  A  REQUEST  SUBMITTED
 PURSUANT TO THIS ARTICLE IF (I) THE CONSUMER SUBMITS THE REQUEST DIRECT-
 LY TO THE PROCESSOR; AND (II) THE PROCESSOR HAS PROCESSED THE CONSUMER'S
 PERSONAL DATA SOLELY IN ITS ROLE AS A PROCESSOR FOR A CONTROLLER.
   (C)  PROCESSORS  SHALL  BE  UNDER A CONTINUING OBLIGATION TO ENGAGE IN
 REASONABLE MEASURES TO REVIEW THEIR ACTIVITIES  FOR  CIRCUMSTANCES  THAT
 MAY HAVE ALTERED THEIR ABILITY TO IDENTIFY A SPECIFIC NATURAL PERSON AND
 TO  UPDATE  THEIR  CLASSIFICATIONS OF DATA AS IDENTIFIED OR IDENTIFIABLE
 ACCORDINGLY.
   (D) A PROCESSOR SHALL NOT ENGAGE IN ANY SALE OF  PERSONAL  DATA  OTHER
 THAN  ON BEHALF OF THE CONTROLLER PURSUANT TO ANY AGREEMENT ENTERED INTO
 WITH THE CONTROLLER.
   3. THIRD PARTY RESPONSIBILITIES.    FOR  ANY  PERSONAL  DATA  THAT  IS
 OBTAINED,  RECEIVED,  PURCHASED,  OR OTHERWISE ACQUIRED OR ACCESSED BY A
 THIRD PARTY FROM A CONTROLLER OR PROCESSOR, THE THIRD PARTY MUST:
   (A) PROCESS THAT DATA ONLY TO THE EXTENT PERMITTED BY  ANY  AGREEMENTS
 ENTERED INTO WITH THE CONTROLLER;
 S. 8305--B                         111
 
   (B)  COMPLY  WITH  ANY  EXERCISES OF A CONSUMER'S RIGHTS UNDER SECTION
 ELEVEN HUNDRED TWO OF THIS ARTICLE UPON THE REQUEST OF THE CONTROLLER OR
 PROCESSOR, SUBJECT TO ANY LIMITATIONS  THEREON  AS  AUTHORIZED  BY  THIS
 ARTICLE; AND
   (C)  TO  THE  EXTENT THE THIRD PARTY BECOMES A CONTROLLER FOR PERSONAL
 DATA, COMPLY WITH ALL OBLIGATIONS  IMPOSED  ON  CONTROLLERS  UNDER  THIS
 ARTICLE.
   4. EXCEPTIONS. THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY WHERE:
   (A) THE PROCESSING IS REQUIRED BY LAW;
   (B)  THE PROCESSING IS MADE PURSUANT TO A REQUEST BY A FEDERAL, STATE,
 OR LOCAL GOVERNMENT OR GOVERNMENT ENTITY; OR
   (C) THE PROCESSING SIGNIFICANTLY ADVANCES PROTECTION AGAINST  CRIMINAL
 OR TORTIOUS ACTIVITY.
   § 1104. DATA BROKERS. 1. A DATA BROKER, AS DEFINED UNDER THIS ARTICLE,
 MUST  ANNUALLY,  ON  OR  BEFORE JANUARY THIRTY-FIRST FOLLOWING A YEAR IN
 WHICH A PERSON MEETS THE DEFINITION OF DATA BROKER IN THIS ARTICLE:
   (A) REGISTER WITH THE ATTORNEY GENERAL;
   (B) PAY A REGISTRATION FEE OF ONE  HUNDRED  DOLLARS  OR  AS  OTHERWISE
 DETERMINED  BY THE ATTORNEY GENERAL PURSUANT TO THE REGULATORY AUTHORITY
 GRANTED TO THE ATTORNEY GENERAL UNDER THIS ARTICLE, NOT  TO  EXCEED  THE
 REASONABLE  COST OF ESTABLISHING AND MAINTAINING THE DATABASE AND INFOR-
 MATIONAL WEBSITE DESCRIBED IN THIS SECTION; AND
   (C) PROVIDE THE FOLLOWING INFORMATION:
   (I) THE NAME AND PRIMARY PHYSICAL, EMAIL, AND INTERNET WEBSITE ADDRESS
 OF THE DATA BROKER;
   (II) THE NAME AND BUSINESS ADDRESS OF AN OFFICER OR  REGISTERED  AGENT
 OF  THE  DATA BROKER AUTHORIZED TO ACCEPT LEGAL PROCESS ON BEHALF OF THE
 DATA BROKER;
   (III) A STATEMENT  DESCRIBING  THE  METHOD  FOR  EXERCISING  CONSUMERS
 RIGHTS UNDER SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE;
   (IV)  A  STATEMENT  WHETHER  THE  DATA  BROKER  IMPLEMENTS A PURCHASER
 CREDENTIALING PROCESS; AND
   (V) ANY ADDITIONAL INFORMATION OR EXPLANATION THE DATA BROKER  CHOOSES
 TO PROVIDE CONCERNING ITS DATA COLLECTION PRACTICES.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, ANY CONTROLLER
 THAT CONDUCTS BUSINESS IN THE STATE OF NEW YORK MUST:
   (A)  ANNUALLY,  ON  OR BEFORE JANUARY THIRTY-FIRST FOLLOWING A YEAR IN
 WHICH A PERSON MEETS THE DEFINITION OF CONTROLLER IN THIS  ACT,  PROVIDE
 TO THE ATTORNEY GENERAL A LIST OF ALL DATA BROKERS OR PERSONS REASONABLY
 BELIEVED  TO  BE  DATA BROKERS TO WHICH THE CONTROLLER PROVIDED PERSONAL
 DATA IN THE PRECEDING YEAR; AND
   (B) NOT SELL A  CONSUMER'S  PERSONAL  DATA  TO  AN  ENTITY  REASONABLY
 BELIEVED  TO  BE  A DATA BROKER THAT IS NOT REGISTERED WITH THE ATTORNEY
 GENERAL.
   3. THE ATTORNEY GENERAL SHALL ESTABLISH, MANAGE AND MAINTAIN A  STATE-
 WIDE  REGISTRY  ON ITS INTERNET WEBSITE, WHICH SHALL LIST ALL REGISTERED
 DATA BROKERS AND MAKE ACCESSIBLE  TO  THE  PUBLIC  ALL  THE  INFORMATION
 PROVIDED  BY  DATA BROKERS PURSUANT TO THIS SECTION. PRINTED HARD COPIES
 OF SUCH REGISTRY SHALL BE MADE AVAILABLE UPON REQUEST AND PAYMENT  OF  A
 REASONABLE FEE TO BE DETERMINED BY THE ATTORNEY GENERAL.
   4. A DATA BROKER THAT FAILS TO REGISTER AS REQUIRED BY THIS SECTION OR
 SUBMITS  FALSE  INFORMATION  IN  ITS REGISTRATION IS, IN ADDITION TO ANY
 OTHER INJUNCTION, PENALTY, OR LIABILITY THAT MAY BE IMPOSED  UNDER  THIS
 ARTICLE,  LIABLE  FOR  CIVIL  PENALTIES,  FEES,  AND  COSTS IN AN ACTION
 BROUGHT BY THE ATTORNEY GENERAL AS FOLLOWS: (A) A CIVIL PENALTY  OF  ONE
 THOUSAND  DOLLARS  FOR  EACH  DAY  THE  DATA BROKER FAILS TO REGISTER AS
 S. 8305--B                         112
 
 REQUIRED BY THIS SECTION OR FAILS TO CORRECT FALSE INFORMATION,  (B)  AN
 AMOUNT  EQUAL  TO  THE FEES THAT WERE DUE DURING THE PERIOD IT FAILED TO
 REGISTER, AND (C) EXPENSES INCURRED  BY  THE  ATTORNEY  GENERAL  IN  THE
 INVESTIGATION AND PROSECUTION OF THE ACTION AS THE COURT DEEMS APPROPRI-
 ATE.
   §  1105. LIMITATIONS. 1. THIS ARTICLE DOES NOT REQUIRE A CONTROLLER OR
 PROCESSOR TO DO ANY OF THE FOLLOWING SOLELY FOR  PURPOSES  OF  COMPLYING
 WITH THIS ARTICLE:
   (A) REIDENTIFY DEIDENTIFIED DATA;
   (B)  COMPLY  WITH  A  VERIFIED CONSUMER REQUEST TO ACCESS, CORRECT, OR
 DELETE PERSONAL DATA PURSUANT TO THIS ARTICLE IF ALL  OF  THE  FOLLOWING
 ARE TRUE:
   (I)  THE  CONTROLLER  IS  NOT  REASONABLY  CAPABLE  OF ASSOCIATING THE
 REQUEST WITH THE PERSONAL DATA;
   (II) THE CONTROLLER DOES NOT ASSOCIATE THE PERSONAL  DATA  WITH  OTHER
 PERSONAL  DATA  ABOUT  THE  SAME SPECIFIC CONSUMER AS PART OF ITS NORMAL
 BUSINESS PRACTICE; AND
   (III) THE CONTROLLER DOES NOT SELL THE  PERSONAL  DATA  TO  ANY  THIRD
 PARTY OR OTHERWISE VOLUNTARILY DISCLOSE OR TRANSFER THE PERSONAL DATA TO
 ANY  PROCESSOR  OR  THIRD  PARTY,  EXCEPT AS OTHERWISE PERMITTED IN THIS
 ARTICLE; OR
   (C) MAINTAIN PERSONAL DATA IN IDENTIFIABLE FORM, OR  COLLECT,  OBTAIN,
 RETAIN,  OR ACCESS ANY PERSONAL DATA OR TECHNOLOGY, IN ORDER TO BE CAPA-
 BLE OF ASSOCIATING A VERIFIED CONSUMER REQUEST WITH PERSONAL DATA.
   2. THE OBLIGATIONS IMPOSED ON CONTROLLERS AND  PROCESSORS  UNDER  THIS
 ARTICLE  DO NOT RESTRICT A CONTROLLER'S OR PROCESSOR'S ABILITY TO DO ANY
 OF THE FOLLOWING, TO THE EXTENT THAT THE USE OF THE CONSUMER'S  PERSONAL
 DATA IS REASONABLY NECESSARY AND PROPORTIONATE FOR THESE PURPOSES:
   (A)  COMPLY WITH FEDERAL, STATE, OR LOCAL LAWS, RULES, OR REGULATIONS,
 PROVIDED THAT NO LAW ENFORCEMENT AGENCY OR OFFICER THEREOF SHALL  ACCESS
 PERSONAL  DATA WITHOUT A SUBPOENA OR A LAWFULLY EXECUTED SEARCH WARRANT,
 EXCEPT FOR THE ATTORNEY GENERAL FOR THE    PURPOSES  OF  ENFORCING  THIS
 ARTICLE, EXCEPT WHERE OTHERWISE PROVIDED SPECIFICALLY IN FEDERAL LAW;
   (B)  INVESTIGATE,  ESTABLISH,  EXERCISE,  PREPARE FOR, OR DEFEND LEGAL
 CLAIMS;
   (C) PROCESS PERSONAL DATA NECESSARY TO PROVIDE THE SERVICES  OR  GOODS
 REQUESTED  BY  A CONSUMER; PERFORM A CONTRACT TO WHICH THE CONSUMER IS A
 PARTY; OR TAKE STEPS AT THE REQUEST OF THE CONSUMER  PRIOR  TO  ENTERING
 INTO A CONTRACT;
   (D) TAKE IMMEDIATE STEPS TO PROTECT THE LIFE OR PHYSICAL SAFETY OF THE
 CONSUMER  OR  OF ANOTHER NATURAL PERSON, AND WHERE THE PROCESSING CANNOT
 BE MANIFESTLY BASED ON ANOTHER LEGAL BASIS;
   (E) PREVENT, DETECT, PROTECT AGAINST, OR  RESPOND  TO  SECURITY  INCI-
 DENTS,  IDENTITY THEFT, FRAUD, HARASSMENT, MALICIOUS OR DECEPTIVE ACTIV-
 ITIES, OR ANY ILLEGAL ACTIVITY; PRESERVE THE INTEGRITY  OR  SECURITY  OF
 SYSTEMS;  OR INVESTIGATE, REPORT, OR PROSECUTE THOSE RESPONSIBLE FOR ANY
 SUCH ACTION;
   (F) IDENTIFY AND REPAIR  TECHNICAL  ERRORS  THAT  IMPAIR  EXISTING  OR
 INTENDED FUNCTIONALITY; OR
   (G) PROCESS BUSINESS CONTACT INFORMATION, INCLUDING A NATURAL PERSON'S
 NAME,  POSITION  NAME  OR  TITLE,  BUSINESS  TELEPHONE  NUMBER, BUSINESS
 ADDRESS, BUSINESS ELECTRONIC MAIL ADDRESS, BUSINESS FAX NUMBER, OR QUAL-
 IFICATIONS AND ANY OTHER SIMILAR INFORMATION ABOUT THE NATURAL PERSON.
   3. THE OBLIGATIONS IMPOSED ON CONTROLLERS  OR  PROCESSORS  UNDER  THIS
 ARTICLE  DO  NOT  APPLY  WHERE COMPLIANCE BY THE CONTROLLER OR PROCESSOR
 WITH THIS ARTICLE WOULD VIOLATE AN EVIDENTIARY PRIVILEGE UNDER NEW  YORK
 S. 8305--B                         113
 
 LAW AND DO NOT PREVENT A CONTROLLER OR PROCESSOR FROM PROVIDING PERSONAL
 DATA  CONCERNING A CONSUMER TO A PERSON COVERED BY AN EVIDENTIARY PRIVI-
 LEGE UNDER NEW YORK LAW AS PART OF A PRIVILEGED COMMUNICATION.
   4.  A CONTROLLER THAT RECEIVES A REQUEST PURSUANT TO SUBDIVISIONS FOUR
 THROUGH SEVEN OF SECTION ELEVEN  HUNDRED  TWO  OF  THIS  ARTICLE,  OR  A
 PROCESSOR  OR  THIRD  PARTY  TO  WHOM  A  CONTROLLER COMMUNICATES SUCH A
 REQUEST, MAY DECLINE TO FULFILL THE RELEVANT PART OF SUCH REQUEST IF:
   (A) THE CONTROLLER, PROCESSOR, OR THIRD PARTY IS UNABLE TO VERIFY  THE
 REQUEST USING COMMERCIALLY REASONABLE EFFORTS, AS DESCRIBED IN PARAGRAPH
 (C) OF SUBDIVISION EIGHT OF SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE;
   (B)  COMPLYING  WITH THE REQUEST WOULD BE DEMONSTRABLY IMPOSSIBLE (FOR
 PURPOSES OF THIS PARAGRAPH, THE RECEIPT OF A LARGE  NUMBER  OF  VERIFIED
 REQUESTS,  ON  ITS  OWN,  IS  NOT SUFFICIENT TO RENDER COMPLIANCE WITH A
 REQUEST DEMONSTRABLY IMPOSSIBLE);
   (C) COMPLYING WITH THE REQUEST WOULD IMPAIR  THE  PRIVACY  OF  ANOTHER
 INDIVIDUAL OR THE RIGHTS OF ANOTHER TO EXERCISE FREE SPEECH; OR
   (D)  THE  PERSONAL DATA WAS CREATED BY A NATURAL PERSON OTHER THAN THE
 CONSUMER MAKING THE REQUEST AND IS BEING PROCESSED FOR  THE  PURPOSE  OF
 FACILITATING INTERPERSONAL RELATIONSHIPS OR PUBLIC DISCUSSION.
   §  1106.  ENFORCEMENT. 1. WHENEVER IT APPEARS TO THE ATTORNEY GENERAL,
 EITHER UPON COMPLAINT OR OTHERWISE,  THAT  ANY  PERSON  OR  PERSONS  HAS
 ENGAGED  IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR PRACTICES STATED
 TO BE UNLAWFUL UNDER 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  OBTAINED
 DIRECTLY  OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL PENALTIES
 OF NOT MORE THAN TWENTY THOUSAND DOLLARS PER VIOLATION,  AND  TO  OBTAIN
 ANY  SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUD-
 ING PRELIMINARY RELIEF.
   (A) ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE  ATTORNEY  GENERAL
 PURSUANT TO THIS SECTION MUST BE COMMENCED WITHIN SIX YEARS.
   (B)  EACH  INSTANCE  OF  UNLAWFUL  PROCESSING  COUNTS  AS  A  SEPARATE
 VIOLATION. UNLAWFUL PROCESSING OF THE PERSONAL DATA  OF  MORE  THAN  ONE
 CONSUMER  COUNTS  AS  A  SEPARATE  VIOLATION  AS  TO EACH CONSUMER. EACH
 PROVISION OF  THIS  ARTICLE  THAT  IS  VIOLATED  COUNTS  AS  A  SEPARATE
 VIOLATION.
   (C)  IN ASSESSING THE AMOUNT OF PENALTIES, THE COURT MUST CONSIDER ANY
 ONE OR MORE OF THE  RELEVANT  CIRCUMSTANCES  PRESENTED  BY  ANY  OF  THE
 PARTIES,  INCLUDING,  BUT  NOT LIMITED TO, THE NATURE AND SERIOUSNESS OF
 THE MISCONDUCT, THE NUMBER OF VIOLATIONS, THE PERSISTENCE OF THE MISCON-
 DUCT, THE LENGTH OF TIME OVER WHICH THE MISCONDUCT OCCURRED,  THE  WILL-
 FULNESS  OF  THE  VIOLATOR'S  MISCONDUCT,  AND  THE VIOLATOR'S FINANCIAL
 CONDITION.
   2. IN CONNECTION WITH ANY PROPOSED ACTION OR SPECIAL PROCEEDING  UNDER
 THIS  SECTION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE
 A DETERMINATION OF THE RELEVANT FACTS, AND TO ISSUE SUBPOENAS IN ACCORD-
 ANCE WITH THE CIVIL PRACTICE LAW AND RULES.   THE ATTORNEY  GENERAL  MAY
 ALSO REQUIRE SUCH OTHER DATA AND INFORMATION AS HE OR SHE MAY DEEM RELE-
 VANT  AND  MAY  REQUIRE WRITTEN RESPONSES TO QUESTIONS UNDER OATH.  SUCH
 POWER OF SUBPOENA AND EXAMINATION SHALL NOT ABATE OR TERMINATE BY REASON
 OF ANY ACTION OR SPECIAL PROCEEDING  BROUGHT  BY  THE  ATTORNEY  GENERAL
 UNDER THIS ARTICLE.
   3.  ANY  PERSON, WITHIN OR OUTSIDE THE STATE, WHO THE ATTORNEY GENERAL
 BELIEVES MAY BE IN POSSESSION, CUSTODY, OR CONTROL OF ANY BOOKS, PAPERS,
 S. 8305--B                         114
 
 OR OTHER THINGS, OR MAY HAVE INFORMATION, RELEVANT TO ACTS OR  PRACTICES
 STATED  TO  BE  UNLAWFUL  IN THIS ARTICLE IS SUBJECT TO THE SERVICE OF A
 SUBPOENA ISSUED BY  THE  ATTORNEY  GENERAL  PURSUANT  TO  THIS  SECTION.
 SERVICE  MAY  BE  MADE IN ANY MANNER THAT IS AUTHORIZED FOR SERVICE OF A
 SUBPOENA OR A SUMMONS BY THE STATE IN WHICH SERVICE IS MADE.
   4. (A) FAILURE TO   COMPLY WITH A SUBPOENA  ISSUED  PURSUANT  TO  THIS
 SECTION  WITHOUT REASONABLE CAUSE TOLLS THE APPLICABLE STATUTES OF LIMI-
 TATIONS IN ANY ACTION OR SPECIAL  PROCEEDING  BROUGHT  BY  THE  ATTORNEY
 GENERAL  AGAINST THE NONCOMPLIANT PERSON THAT ARISES OUT OF THE ATTORNEY
 GENERAL'S INVESTIGATION.
   (B) IF A PERSON FAILS TO COMPLY WITH A  SUBPOENA  ISSUED  PURSUANT  TO
 THIS  SECTION,  THE  ATTORNEY  GENERAL  MAY MOVE IN THE SUPREME COURT TO
 COMPEL COMPLIANCE.  IF THE COURT FINDS THAT THE SUBPOENA WAS AUTHORIZED,
 IT SHALL ORDER COMPLIANCE AND MAY IMPOSE A CIVIL PENALTY OF  UP  TO  ONE
 THOUSAND DOLLARS PER DAY OF NONCOMPLIANCE.
   (C)  SUCH  TOLLING AND CIVIL PENALTY SHALL BE IN ADDITION TO ANY OTHER
 PENALTIES OR REMEDIES PROVIDED BY LAW FOR NONCOMPLIANCE WITH A SUBPOENA.
   5. THIS SECTION SHALL APPLY TO ALL ACTS DECLARED TO BE UNLAWFUL  UNDER
 THIS ARTICLE, WHETHER OR NOT SUBJECT TO ANY OTHER LAW OF THIS STATE, AND
 SHALL  NOT  SUPERSEDE, AMEND OR REPEAL ANY OTHER LAW OF THIS STATE UNDER
 WHICH THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE ANY ACTION  OR  CONDUCT
 ANY INQUIRY.
   §  1107.  MISCELLANEOUS.  1.  PREEMPTION: THIS ARTICLE DOES NOT ANNUL,
 ALTER, OR AFFECT THE LAWS, ORDINANCES, REGULATIONS,  OR  THE  EQUIVALENT
 ADOPTED BY ANY LOCAL ENTITY REGARDING THE PROCESSING, COLLECTION, TRANS-
 FER, DISCLOSURE, AND SALE OF CONSUMERS' PERSONAL DATA BY A CONTROLLER OR
 PROCESSOR  SUBJECT  TO  THIS  ARTICLE,  EXCEPT TO THE EXTENT THOSE LAWS,
 ORDINANCES, REGULATIONS, OR THE EQUIVALENT CREATE REQUIREMENTS OR  OBLI-
 GATIONS THAT CONFLICT WITH OR REDUCE THE PROTECTIONS AFFORDED TO CONSUM-
 ERS UNDER THIS ARTICLE.
   2. IMPACT REPORT: THE ATTORNEY GENERAL SHALL ISSUE A REPORT EVALUATING
 THIS  ARTICLE,  ITS SCOPE, ANY COMPLAINTS FROM CONSUMERS OR PERSONS, THE
 LIABILITY AND ENFORCEMENT PROVISIONS OF THIS ARTICLE INCLUDING, BUT  NOT
 LIMITED  TO,  THE  EFFECTIVENESS OF ITS EFFORTS TO ENFORCE THIS ARTICLE,
 AND ANY RECOMMENDATIONS FOR CHANGES TO  SUCH  PROVISIONS.  THE  ATTORNEY
 GENERAL SHALL SUBMIT THE REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT
 OF  THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE APPROPRIATE COMMIT-
 TEES OF THE LEGISLATURE WITHIN TWO YEARS OF THE EFFECTIVE DATE  OF  THIS
 SECTION.
   3. REGULATORY AUTHORITY: (A) THE ATTORNEY GENERAL IS HEREBY AUTHORIZED
 AND EMPOWERED TO ADOPT, PROMULGATE, AMEND AND RESCIND SUITABLE RULES AND
 REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ARTICLE, INCLUDING RULES
 GOVERNING  THE  FORM  AND  CONTENT  OF ANY DISCLOSURES OR COMMUNICATIONS
 REQUIRED BY THIS ARTICLE.
   (B) THE ATTORNEY GENERAL MAY REQUEST,  AND  SHALL  RECEIVE,  DATA  AND
 INFORMATION  FROM  CONTROLLERS  CONDUCTING  BUSINESS  IN NEW YORK STATE,
 OTHER NEW  YORK  STATE  GOVERNMENT  ENTITIES  ADMINISTERING  NOTICE  AND
 CONSENT REGIMES, CONSUMER PROTECTION AND PRIVACY ADVOCATES AND RESEARCH-
 ERS, INTERNET STANDARDS SETTING BODIES, SUCH AS THE INTERNET ENGINEERING
 TASKFORCE AND THE INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS, AND
 OTHER  RELEVANT SOURCES, TO CONDUCT STUDIES TO INFORM SUITABLE RULES AND
 REGULATIONS.  THE ATTORNEY GENERAL SHALL  RECEIVE,  UPON  REQUEST,  DATA
 FROM OTHER NEW YORK STATE GOVERNMENTAL ENTITIES.
   4.    EXERCISE OF RIGHTS: ANY CONSUMER RIGHT SET FORTH IN THIS ARTICLE
 MAY BE EXERCISED AT ANY TIME BY THE CONSUMER WHO IS THE SUBJECT  OF  THE
 DATA  OR  BY  A  PARENT OR GUARDIAN AUTHORIZED BY LAW TO TAKE ACTIONS OF
 S. 8305--B                         115
 
 LEGAL CONSEQUENCE ON BEHALF OF THE CONSUMER WHO IS THE  SUBJECT  OF  THE
 DATA. AN AGENT AUTHORIZED BY A CONSUMER MAY EXERCISE THE CONSUMER RIGHTS
 SET  FORTH  IN SUBDIVISIONS FOUR THROUGH SEVEN OF SECTION ELEVEN HUNDRED
 TWO OF THIS ARTICLE ON THE CONSUMERS BEHALF.
   § 4. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the  validity or effectiveness of any other provision of this act, or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and  applications of this act are severable.
   § 5. This act shall take effect immediately; provided,  however,  that
 sections  1101,  1102, 1103, 1105, 1106 and 1107 of the general business
 law, as added by section three of this act, shall take effect  one  year
 after it shall have become a law.
 
                                  PART CC
 
   Section 1. This act shall be known and may be cited as the "secure our
 data act".
   §  2.  Legislative  intent.  The legislature finds that ransomware and
 other malware attacks have affected the electronically  stored  personal
 information  relating  to  thousands of people statewide and millions of
 people nationwide.  The  legislature  also  finds  that  state  entities
 receive  such  personal  information from various sources, including the
 data subjects themselves, other state entities, and the federal  govern-
 ment.    In addition, the legislature finds that state entities use such
 personal information to make determinations regarding the data subjects.
 The legislature further finds that New Yorkers  deserve  to  have  their
 personal  information that is in the possession of a state entity stored
 in a manner that will withstand any  attempt  by  ransomware  and  other
 malware to alter, change, or encrypt such information.
   Therefore,  the  legislature enacts the secure our data act which will
 guarantee that state entities  will  employ  the  proper  technology  to
 protect  the  personal information stored as backup information from any
 unauthorized alteration or change.
   § 3. The state technology law is amended by adding a new  section  210
 to read as follows:
   §  210.  RANSOMWARE  AND OTHER MALWARE PROTECTION. 1. DEFINITIONS. FOR
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "DATA  SUBJECT"  SHALL  MEAN THE PERSON WHO IS THE SUBJECT OF THE
 PERSONAL INFORMATION.
   (B) "IMMUTABLE" MEANS DATA THAT  IS  STORED  UNCHANGED  OVER  TIME  OR
 UNABLE  TO  BE  CHANGED.  FOR THE PURPOSES OF BACKUPS, "IMMUTABLE" SHALL
 MEAN THAT, ONCE INGESTED, NO EXTERNAL OR INTERNAL OPERATION  CAN  MODIFY
 THE  DATA  AND  MUST  NEVER  BE  AVAILABLE  IN A READ/WRITE STATE TO THE
 CLIENT. "IMMUTABLE" SHALL SPECIFICALLY APPLY TO THE CHARACTERISTICS  AND
 ATTRIBUTES  OF  A  BACKUP SYSTEM'S FILE SYSTEM AND MAY NOT BE APPLIED TO
 TEMPORARY SYSTEMS  STATE,  TIME-BOUND  OR  EXPIRING  CONFIGURATIONS,  OR
 TEMPORARY  CONDITIONS CREATED BY A PHYSICAL AIR GAP AS IS IMPLEMENTED IN
 MOST LEGACY SYSTEMS.  AN IMMUTABLE FILE SYSTEM MUST DEMONSTRATE  CHARAC-
 TERISTICS  THAT DO NOT PERMIT THE EDITING OR CHANGING OF ANY DATA BACKED
 UP TO PROVIDE AGENCIES WITH COMPLETE RECOVERY CAPABILITIES.
   (C) "INFORMATION SYSTEM" SHALL MEAN ANY GOOD, SERVICE OR A COMBINATION
 THEREOF, USED BY ANY COMPUTER, CLOUD SERVICE, OR  INTERCONNECTED  SYSTEM
 THAT  IS  MAINTAINED  FOR  OR USED BY A STATE ENTITY IN THE ACQUISITION,
 S. 8305--B                         116
 STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL,  DISPLAY,  SWITCH-
 ING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF DATA OR VOICE INCLUDING,
 BUT  NOT  LIMITED  TO, HARDWARE, SOFTWARE, INFORMATION APPLIANCES, FIRM-
 WARE,  PROGRAMS,  SYSTEMS,  NETWORKS, INFRASTRUCTURE, MEDIA, AND RELATED
 MATERIAL USED TO  AUTOMATICALLY  AND  ELECTRONICALLY  COLLECT,  RECEIVE,
 ACCESS,  TRANSMIT,  DISPLAY, STORE, RECORD, RETRIEVE, ANALYZE, EVALUATE,
 PROCESS, CLASSIFY, MANIPULATE, MANAGE, ASSIMILATE, CONTROL, COMMUNICATE,
 EXCHANGE, CONVERT, COVERAGE, INTERFACE, SWITCH, OR DISSEMINATE  DATA  OF
 ANY KIND OR FORM.
   (D)  "MAINTAINED"  SHALL  MEAN  PERSONAL INFORMATION STORED BY A STATE
 ENTITY THAT WAS PROVIDED TO THE STATE ENTITY  BY  THE  DATA  SUBJECT,  A
 STATE  ENTITY,  OR  A  FEDERAL GOVERNMENTAL ENTITY. SUCH TERM SHALL ALSO
 INCLUDE PERSONAL INFORMATION PROVIDED BY AN ADVERSE PARTY IN THE  COURSE
 OF LITIGATION OR OTHER ADVERSARIAL PROCEEDING.
   (E)  "MALWARE"  SHALL MEAN MALICIOUS CODE INCLUDED IN ANY APPLICATION,
 DIGITAL CONTENT, DOCUMENT, EXECUTABLE, FIRMWARE,  PAYLOAD,  OR  SOFTWARE
 FOR  THE  PURPOSE  OF  PERFORMING  OR EXECUTING ONE OR MORE UNAUTHORIZED
 PROCESSES DESIGNED TO HAVE AN ADVERSE IMPACT ON THE AVAILABILITY, CONFI-
 DENTIALITY, OR INTEGRITY OF DATA STORED IN AN INFORMATION SYSTEM.
   (F) "RANSOMWARE" SHALL MEAN ANY TYPE OF MALWARE THAT  USES  ENCRYPTION
 TECHNOLOGY TO PREVENT USERS FROM ACCESSING AN INFORMATION SYSTEM OR DATA
 STORED BY SUCH INFORMATION SYSTEM UNTIL A RANSOM IS PAID.
   (G)  "STATE  ENTITY"  SHALL  MEAN  ANY  STATE BOARD, BUREAU, DIVISION,
 COMMITTEE, COMMISSION, COUNCIL,  DEPARTMENT,  PUBLIC  AUTHORITY,  PUBLIC
 BENEFIT  CORPORATION,  OFFICE  OR OTHER GOVERNMENTAL ENTITY PERFORMING A
 GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE OF NEW YORK, EXCEPT:
   (I) THE JUDICIARY; AND
   (II) ALL CITIES, COUNTIES, MUNICIPALITIES, VILLAGES, TOWNS, AND  OTHER
 LOCAL AGENCIES.
   2.  DATA  PROTECTION  STANDARDS.  (A) NO LATER THAN ONE YEAR AFTER THE
 EFFECTIVE DATE OF THIS  SECTION,  THE  DIRECTOR,  IN  CONSULTATION  WITH
 STAKEHOLDERS  AND OTHER INTERESTED PARTIES, WHICH SHALL INCLUDE AT LEAST
 ONE PUBLIC HEARING, SHALL PROMULGATE REGULATIONS THAT DESIGN AND DEVELOP
 STANDARDS FOR:
   (I) MALWARE AND RANSOMWARE PROTECTION FOR MISSION CRITICAL INFORMATION
 SYSTEMS AND FOR PERSONAL INFORMATION USED BY SUCH INFORMATION SYSTEMS;
   (II) DATA BACKUP THAT INCLUDES THE CREATION OF  IMMUTABLE  BACKUPS  OF
 PERSONAL  INFORMATION MAINTAINED BY THE STATE ENTITY AND STORAGE OF SUCH
 BACKUPS IN A SEGMENTED ENVIRONMENT, INCLUDING A SEGMENTED DEVICE;
   (III) INFORMATION SYSTEM RECOVERY THAT INCLUDES CREATING AN  IDENTICAL
 COPY  OF  AN  IMMUTABLE PERSONAL INFORMATION BACKUP MAINTAINED BY OR FOR
 THE STATE ENTITY THAT WAS STORED IN A  SEGMENTED  ENVIRONMENT  OR  ON  A
 SEGMENTED  DEVICE  FOR USE WHEN AN INFORMATION SYSTEM HAS BEEN ADVERSELY
 AFFECTED BY RENT SOMEWHERE OR OTHER  MALWARE  AND  REQUIRES  RESTORATION
 FROM ONE OR MORE BACKUPS; AND
   (IV)  ANNUAL  WORKFORCE  TRAINING REGARDING PROTECTION FROM RANSOMWARE
 AND OTHER MALWARE, AS WELL AS PROCESSES AND PROCEDURES  THAT  SHOULD  BE
 FOLLOWED  IN  THE EVENT OF A DATA INCIDENT INVOLVING RANSOMWARE OR OTHER
 MALWARE.
   (B) SUCH REGULATIONS MAY BE ADOPTED ON AN  EMERGENCY  BASIS.  IF  SUCH
 REGULATIONS  ARE  ADOPTED ON AN EMERGENCY BASIS, THE OFFICE SHALL ENGAGE
 IN THE FORMAL RULEMAKING PROCEDURE NO LATER  THAN  THE  DAY  IMMEDIATELY
 FOLLOWING  THE  DATE  THAT THE OFFICE PROMULGATED SUCH REGULATIONS ON AN
 EMERGENCY BASIS. PROVIDED THAT THE OFFICE HAS COMMENCED THE FORMAL RULE-
 MAKING PROCESS, THE REGULATIONS ADOPTED ON AN  EMERGENCY  BASIS  MAY  BE
 RENEWED NO MORE THAN TWO TIMES.
 S. 8305--B                         117
 
   3.  VULNERABILITY ASSESSMENTS. NOTWITHSTANDING ANY PROVISION OF LAW TO
 THE CONTRARY, EACH STATE ENTITY SHALL ENGAGE IN VULNERABILITY TESTING OF
 ITS INFORMATION SYSTEMS AS FOLLOWS:
   (A) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE AND ON A MONTHLY
 BASIS  THEREAFTER,  EACH  STATE  ENTITY  SHALL  PERFORM,  OR CAUSE TO BE
 PERFORMED, A VULNERABILITY ASSESSMENT OF AT LEAST ONE  MISSION  CRITICAL
 INFORMATION SYSTEM ENSURING THAT EACH MISSION CRITICAL SYSTEM HAS UNDER-
 GONE A VULNERABILITY ASSESSMENT DURING THE PAST YEAR. A REPORT DETAILING
 THE  VULNERABILITY  ASSESSMENT  METHODOLOGY  AND  FINDINGS SHALL BE MADE
 AVAILABLE TO THE OFFICE FOR REVIEW NO LATER THAN FORTY-FIVE  DAYS  AFTER
 THE TESTING HAS BEEN COMPLETED.
   (B)  BEGINNING  DECEMBER  FIRST,  TWO THOUSAND TWENTY-FIVE, EACH STATE
 ENTITY'S ENTIRE INFORMATION SYSTEM SHALL UNDERGO VULNERABILITY  TESTING.
 A REPORT DETAILING THE VULNERABILITY ASSESSMENT METHODOLOGY AND FINDINGS
 SHALL  BE  MADE  AVAILABLE TO THE OFFICE FOR REVIEW NO LATER THAN FORTY-
 FIVE DAYS AFTER SUCH TESTING HAS BEEN COMPLETED.
   (C) THE OFFICE SHALL ASSIST  STATE  ENTITIES  IN  COMPLYING  WITH  THE
 PROVISIONS OF THIS SECTION.
   4.  DATA  AND INFORMATION SYSTEM INVENTORY. (A) NO LATER THAN ONE YEAR
 AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH STATE ENTITY SHALL CREATE
 AN INVENTORY OF THE DATA MAINTAINED BY THE STATE ENTITY AND THE  PURPOSE
 OR  PURPOSES  FOR  WHICH SUCH DATA IS MAINTAINED AND USED. THE INVENTORY
 SHALL INCLUDE A LISTING OF ALL PERSONAL INFORMATION  MAINTAINED  BY  THE
 STATE ENTITY, ALONG WITH THE SOURCE AND AGE OF SUCH INFORMATION.
   (B)  NO  LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 EACH STATE ENTITY SHALL CREATE AN INVENTORY OF THE  INFORMATION  SYSTEMS
 MAINTAINED  BY  OR  ON  BEHALF  OF  THE  STATE ENTITY AND THE PURPOSE OR
 PURPOSES FOR WHICH EACH SUCH INFORMATION SYSTEM IS MAINTAINED AND  USED.
 THE  INVENTORY  SHALL  DENOTE THOSE INFORMATION SYSTEMS THAT ARE MISSION
 CRITICAL AND THOSE THAT USE PERSONAL INFORMATION, AND WHETHER THE INFOR-
 MATION SYSTEM IS PROTECTED BY IMMUTABLE BACKUPS.
   (C) NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION,  IF  A
 STATE  ENTITY  HAS  ALREADY  COMPLETED  A  DATA INVENTORY OR INFORMATION
 SYSTEMS  INVENTORY,  SUCH  STATE  ENTITY  SHALL  UPDATE  THE  PREVIOUSLY
 COMPLETED  DATA  INVENTORY OR INFORMATION SYSTEM INVENTORY NO LATER THAN
 ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
   (D) UPON WRITTEN REQUEST FROM THE OFFICE, A STATE ENTITY SHALL PROVIDE
 THE OFFICE WITH EITHER OR BOTH OF THE INVENTORIES REQUIRED TO BE CREATED
 OR UPDATED PURSUANT TO THIS SUBDIVISION.
   5. INCIDENT MANAGEMENT AND RECOVERY. (A) NO LATER THAN EIGHTEEN MONTHS
 AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH STATE ENTITY  SHALL  HAVE
 CREATED  AN INCIDENT RESPONSE PLAN FOR INCIDENTS INVOLVING RANSOMWARE OR
 OTHER MALWARE THAT RENDERS AN INFORMATION SYSTEM OR  ITS  DATA  UNAVAIL-
 ABLE, AND INCIDENTS INVOLVING RANSOMWARE OR OTHER MALWARE THAT RESULT IN
 THE ALTERATION OR DELETION OF OR UNAUTHORIZED ACCESS TO, PERSONAL INFOR-
 MATION.
   (B)  SUCH  INCIDENT  RESPONSE PLAN SHALL INCLUDE A PROCEDURE FOR SITU-
 ATIONS WHERE PRODUCTION AND NON-SEGMENTED INFORMATION SYSTEMS HAVE  BEEN
 ADVERSELY  AFFECTED  BY  A DATA INCIDENT, AS WELL AS A PROCEDURE FOR THE
 STORAGE OF PERSONAL  INFORMATION  AND  MISSION  CRITICAL  BACKUPS  ON  A
 SEGMENTED  DEVICE OR SEGMENTED PORTION OF THE STATE ENTITY'S INFORMATION
 SYSTEM TO ENSURE THAT SUCH PERSONAL  INFORMATION  AND  MISSION  CRITICAL
 SYSTEMS ARE PROTECTED BY IMMUTABLE BACKUPS.
   (C) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN AND ON AN ANNU-
 AL BASIS THEREAFTER, EACH STATE ENTITY SHALL COMPLETE AT LEAST ONE EXER-
 CISE  OF  ITS INCIDENT RESPONSE PLAN THAT INCLUDES COPYING THE IMMUTABLE
 S. 8305--B                         118
 
 PERSONAL  INFORMATION  AND  MISSION  CRITICAL  APPLICATIONS   FROM   THE
 SEGMENTED  PORTION  OF  THE  STATE ENTITY'S INFORMATION SYSTEM AND USING
 SUCH COPIES IN THE STATE ENTITY'S RESTORATION AND RECOVERY PROCESS. UPON
 COMPLETION  OF  SUCH EXERCISE, THE STATE ENTITY SHALL DOCUMENT THE INCI-
 DENT RESPONSE PLAN'S SUCCESSES AND SHORTCOMINGS.
   6. NO PRIVATE RIGHT OF ACTION. NOTHING SET FORTH IN THIS SECTION SHALL
 BE CONSTRUED AS CREATING OR ESTABLISHING A PRIVATE CAUSE OF ACTION.
   § 4. Severability. The provisions of this act shall be  severable  and
 if  any  portion  thereof  or the applicability thereof to any person or
 circumstances shall be held to be invalid, the remainder of this act and
 the application thereof shall not be affected thereby.
   § 5. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1. Section 106  of  the  alcoholic  beverage  control  law  is
 amended by adding a new subdivision 16 to read as follows:
   16. A PERSON HOLDING A RETAIL ON-PREMISES LICENSE FOR A MOVIE THEATRE,
 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.]
   § 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
 S. 8305--B                         119
 
 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 EE
 
   Section 1. The alcoholic beverage control law is amended by adding two
 new sections 59-b and 59-c to read as follows:
   § 59-B. DIRECT INTERSTATE CIDER SHIPMENTS. 1. AUTHORIZATION.  NOTWITH-
 STANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE  CONTRARY,  ANY
 HOLDER  OF A LICENSE TO MANUFACTURE CIDER IN ANY OTHER STATE WHO OBTAINS
 AN OUT-OF-STATE DIRECT SHIPPER'S LICENSE, AS PROVIDED IN  THIS  SECTION,
 MAY  SHIP  NO  MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS EACH
 CASE) OF CIDER PRODUCED BY SUCH LICENSE HOLDER PER YEAR  DIRECTLY  TO  A
 RESIDENT  OF  NEW YORK WHO IS AT LEAST TWENTY-ONE YEARS OF AGE, FOR SUCH
 RESIDENT'S PERSONAL USE AND NOT FOR RESALE, PROVIDED THE STATE IN  WHICH
 SUCH  PERSON  IS SO LICENSED AFFORDS LAWFUL MEANS FOR SHIPMENTS OF CIDER
 TO BE RECEIVED BY A RESIDENT THEREOF WHO IS AT LEAST TWENTY-ONE YEARS OF
 AGE, FOR SUCH RESIDENT'S PERSONAL USE AND NOT FOR RESALE, FROM A  PERSON
 LICENSED IN THIS STATE AS A MANUFACTURER AND, PROVIDED FURTHER, THAT THE
 STATE  IN  WHICH  SUCH OUT-OF-STATE CIDER PRODUCER IS LOCATED AFFORDS TO
 NEW YORK STATE CIDER PRODUCER, FARM CIDERY, FARM WINERY AND FARM BREWERY
 LICENSEES RECIPROCAL CIDER SHIPPING PRIVILEGES, MEANING SHIPPING  PRIVI-
 LEGES  THAT  ARE  SUBSTANTIALLY  SIMILAR  TO  THE  REQUIREMENTS  IN THIS
 SECTION. NO PERSON SHALL PLACE AN ORDER FOR  SHIPMENT  OF  CIDER  UNLESS
 THEY  ARE  TWENTY-ONE  YEARS OF AGE OR OLDER.  ANY COMMON CARRIER WITH A
 PERMIT ISSUED PURSUANT TO THIS CHAPTER TO WHOM SUCH  OUT-OF-STATE  SHIP-
 PER'S  LICENSE  IS PRESENTED IS AUTHORIZED TO MAKE DELIVERY OF SHIPMENTS
 PROVIDED FOR HEREUNDER IN THIS STATE IN COMPLIANCE WITH THIS SECTION.
   2. LICENSE. BEFORE SENDING ANY SHIPMENT HEREUNDER  TO  A  RESIDENT  IN
 THIS  STATE,  THE OUT-OF-STATE SHIPPER SHALL FIRST OBTAIN A LICENSE FROM
 THE AUTHORITY UNDER PROCEDURES PRESCRIBED BY RULES  AND  REGULATIONS  OF
 S. 8305--B                         120
 
 THE  AUTHORITY AND AFTER PROVIDING THE AUTHORITY WITH A TRUE COPY OF ITS
 CURRENT LICENSE TO MANUFACTURE CIDER IN THE APPLICANT'S STATE  OF  DOMI-
 CILE  ALONG  WITH  A  COPY OF THE APPLICANT'S FEDERAL BASIC PERMIT AFTER
 PAYMENT  OF  AN  ANNUAL FEE OF ONE HUNDRED TWENTY-FIVE DOLLARS. NOTWITH-
 STANDING THE PROVISIONS OF SECTION ONE HUNDRED TEN OF THIS CHAPTER,  THE
 AUTHORITY  IN  ITS DISCRETION, MAY EXCUSE AN OUT-OF-STATE CIDER PRODUCER
 FROM THE SUBMISSION OF SUCH INFORMATION.
   3. LICENSEE'S RESPONSIBILITIES. THE HOLDER OF AN  OUT-OF-STATE  DIRECT
 SHIPPER'S LICENSE SHALL:
   (A)  SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS EACH
 CASE) PER YEAR OF CIDER PRODUCED BY SUCH LICENSE HOLDER  DIRECTLY  TO  A
 NEW  YORK  STATE  RESIDENT  WHO IS AT LEAST TWENTY-ONE YEARS OF AGE, FOR
 SUCH RESIDENT'S PERSONAL USE AND NOT FOR RESALE;
   (B) ENSURE THAT THE OUTSIDE OF EACH SHIPPING CONTAINER  USED  TO  SHIP
 CIDER  DIRECTLY TO A NEW YORK RESIDENT IS CONSPICUOUSLY LABELED WITH THE
 WORDS: "CONTAINS  HARD  CIDER--SIGNATURE  OF  PERSON  AGE  21  OR  OLDER
 REQUIRED  FOR  DELIVERY--NOT FOR RESALE", OR WITH OTHER LANGUAGE SPECIF-
 ICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY;
   (C) MAINTAIN RECORDS IN SUCH MANNER AND  FORM  AS  THE  AUTHORITY  MAY
 DIRECT,  SHOWING  THE  TOTAL AMOUNT OF CIDER SHIPPED INTO THE STATE EACH
 CALENDAR YEAR; THE NAMES AND ADDRESSES OF THE  PURCHASERS  TO  WHOM  THE
 CIDER  WAS  SHIPPED,  THE DATE PURCHASED, THE NAME OF THE COMMON CARRIER
 USED TO DELIVER THE CIDER, AND THE QUANTITY AND VALUE OF EACH SHIPMENT;
   (D) IN CONNECTION WITH THE ACCEPTANCE OF AN ORDER FOR  A  DELIVERY  OF
 CIDER TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRE-
 SENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND
 THAT  THE  CIDER  BEING  PURCHASED WILL NOT BE RESOLD OR INTRODUCED INTO
 COMMERCE;
   (E) REQUIRE COMMON CARRIERS TO:
   (I) REQUIRE A RECIPIENT, AT THE DELIVERY ADDRESS,  UPON  DELIVERY,  TO
 DEMONSTRATE  THAT  THE  RECIPIENT IS AT LEAST TWENTY-ONE YEARS OF AGE BY
 PROVIDING A VALID FORM  OF  PHOTOGRAPHIC  IDENTIFICATION  AUTHORIZED  BY
 SECTION SIXTY-FIVE-B OF THIS CHAPTER;
   (II)  REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR OTHER
 ACKNOWLEDGEMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND
   (III) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE  UNDER
 TWENTY-ONE  YEARS  OF AGE AND REFUSES TO PRESENT VALID IDENTIFICATION AS
 REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH;
   (F) FILE RETURNS WITH AND PAY TO THE  NEW  YORK  STATE  DEPARTMENT  OF
 TAXATION  AND  FINANCE  ALL STATE AND LOCAL SALES TAXES AND EXCISE TAXES
 DUE  ON  SALES  INTO  THIS  STATE  IN  ACCORDANCE  WITH  THE  APPLICABLE
 PROVISIONS  OF  THE  TAX  LAW RELATING TO SUCH TAXES, THE AMOUNT OF SUCH
 TAXES TO BE DETERMINED ON THE BASIS THAT EACH SALE IN THIS STATE WAS  AT
 THE LOCATION WHERE DELIVERY IS MADE;
   (G)  KEEP  ALL  RECORDS  REQUIRED  BY THIS SECTION FOR THREE YEARS AND
 PROVIDE COPIES OF SUCH RECORDS, UPON WRITTEN REQUEST, TO  THE  AUTHORITY
 OR THE DEPARTMENT OF TAXATION AND FINANCE;
   (H)  PERMIT THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE TO
 PERFORM AN AUDIT OF SUCH OUT-OF-STATE SHIPPER UPON REQUEST;
   (I) EXECUTE A WRITTEN CONSENT TO THE JURISDICTION OF THIS  STATE,  ITS
 AGENCIES  AND  INSTRUMENTALITIES AND THE COURTS OF THIS STATE CONCERNING
 ENFORCEMENT OF THIS SECTION AND ANY RELATED LAWS, RULES, OR REGULATIONS,
 INCLUDING TAX LAWS, RULES OR REGULATIONS; AND
   (J) PRIOR TO  OBTAINING  AN  OUT-OF-STATE  DIRECT  SHIPPER'S  LICENSE,
 OBTAIN  A  CERTIFICATE  OF  AUTHORITY PURSUANT TO SECTION ELEVEN HUNDRED
 THIRTY-FOUR OF THE TAX LAW AND A REGISTRATION AS A DISTRIBUTOR  PURSUANT
 S. 8305--B                         121
 
 TO  SECTIONS  FOUR HUNDRED TWENTY-ONE AND FOUR HUNDRED TWENTY-TWO OF THE
 TAX LAW.
   4.  SITUS.  DELIVERY  OF  A SHIPMENT IN THIS STATE BY THE HOLDER OF AN
 OUT-OF-STATE DIRECT SHIPPER'S LICENSE SHALL BE DEEMED  TO  CONSTITUTE  A
 SALE  IN THIS STATE AT THE PLACE OF DELIVERY AND SHALL BE SUBJECT TO ALL
 EXCISE TAXES LEVIED PURSUANT TO SECTION FOUR HUNDRED TWENTY-FOUR OF  THE
 TAX LAW AND ALL SALES TAXES LEVIED PURSUANT TO ARTICLES TWENTY-EIGHT AND
 TWENTY-NINE OF SUCH LAW.
   5.  RENEWAL.  THE  OUT-OF-STATE SHIPPER MAY ANNUALLY RENEW ITS LICENSE
 WITH THE AUTHORITY BY PAYING A ONE HUNDRED  TWENTY-FIVE  DOLLAR  RENEWAL
 FEE,  PROVIDING THE AUTHORITY WITH A TRUE COPY OF ITS CURRENT LICENSE IN
 SUCH OTHER STATE AS AN ALCOHOLIC BEVERAGE MANUFACTURER AND BY  COMPLYING
 WITH SUCH OTHER PROCEDURES AS ARE PRESCRIBED BY RULE OF THE AUTHORITY.
   6. RULES AND REGULATIONS. THE AUTHORITY AND THE DEPARTMENT OF TAXATION
 AND  FINANCE  MAY  PROMULGATE  RULES  AND  REGULATIONS TO EFFECTUATE THE
 PURPOSES OF THIS SECTION.
   7. ENFORCEMENT. THE AUTHORITY MAY ENFORCE  THE  REQUIREMENTS  OF  THIS
 SECTION  INCLUDING  THE  REQUIREMENTS  IMPOSED ON THE COMMON CARRIER, BY
 ADMINISTRATIVE PROCEEDINGS TO SUSPEND OR REVOKE  AN  OUT-OF-STATE  SHIP-
 PER'S  LICENSE AND THE AUTHORITY MAY ACCEPT PAYMENT OF AN ADMINISTRATIVE
 FINE IN LIEU OF SUSPENSION, SUCH PAYMENTS TO BE DETERMINED BY  RULES  OR
 REGULATIONS  PROMULGATED BY THE AUTHORITY. IN ADDITION, THE AUTHORITY OR
 THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL REPORT VIOLATIONS OF
 THIS SECTION, WHERE APPROPRIATE, TO THE UNITED STATES DEPARTMENT OF  THE
 TREASURY,  TAX AND TRADE BUREAU, FOR ADMINISTRATIVE ACTION TO SUSPEND OR
 REVOKE THE FEDERAL BASIC PERMIT.
   8. VIOLATIONS. IN ANY ACTION BROUGHT UNDER THIS  SECTION,  THE  COMMON
 CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT
 ACTS.
   §  59-C.  DIRECT INTRASTATE CIDER SHIPMENTS. ANY PERSON HAVING APPLIED
 FOR AND RECEIVED A LICENSE AS A CIDER  PRODUCER  OR  FARM  CIDERY  UNDER
 SECTION  FIFTY-EIGHT  OR  FIFTY-EIGHT-C  OF  THIS ARTICLE, A FARM WINERY
 UNDER SECTION SEVENTY-SIX-A OR SEVENTY-SIX-D OF THIS CHAPTER, OR A  FARM
 BREWERY  UNDER SECTION FIFTY-ONE-A OF THIS CHAPTER MAY SHIP NO MORE THAN
 THIRTY-SIX CASES (NO MORE THAN NINE LITERS PER CASE) OF  CIDER  PRODUCED
 BY  SUCH  CIDER  PRODUCER,  FARM CIDERY, FARM WINERY OR FARM BREWERY PER
 YEAR DIRECTLY TO A NEW YORK STATE RESIDENT WHO IS  AT  LEAST  TWENTY-ONE
 YEARS OF AGE, FOR SUCH RESIDENT'S PERSONAL USE AND NOT FOR RESALE.
   1. LICENSEE'S SHIPPING RESPONSIBILITIES. NOTWITHSTANDING ANY PROVISION
 TO  THE  CONTRARY CONTAINED IN THIS CHAPTER, ANY ABOVE REFERRED LICENSEE
 SHALL:
   (A) SHIP NO MORE THAN THIRTY-SIX CASES (NO MORE THAN NINE LITERS)  PER
 YEAR  OF  CIDER  PRODUCED  BY SUCH LICENSE HOLDER DIRECTLY TO A NEW YORK
 STATE RESIDENT WHO IS AT LEAST TWENTY-ONE YEARS OF AGE, FOR  SUCH  RESI-
 DENT'S PERSONAL USE AND NOT FOR RESALE;
   (B)  ENSURE  THAT  THE OUTSIDE OF EACH SHIPPING CONTAINER USED TO SHIP
 CIDER DIRECTLY TO A NEW YORK STATE  RESIDENT  IS  CONSPICUOUSLY  LABELED
 WITH  THE  WORDS:  "CONTAINS HARD CIDER -- SIGNATURE OF PERSON AGE 21 OR
 OLDER REQUIRED FOR DELIVERY -- NOT FOR RESALE", OR WITH  OTHER  LANGUAGE
 SPECIFICALLY APPROVED BY THE NEW YORK STATE LIQUOR AUTHORITY;
   (C)  MAINTAIN  RECORDS  IN  SUCH  MANNER AND FORM AS THE AUTHORITY MAY
 DIRECT SHOWING THE TOTAL AMOUNT OF  CIDER  SHIPPED  IN  THE  STATE  EACH
 CALENDAR  YEAR,  THE  NAMES  AND ADDRESSES OF THE PURCHASERS TO WHOM THE
 CIDER WAS SHIPPED, THE DATE PURCHASED, THE NAME OF  THE  COMMON  CARRIER
 USED  TO DELIVER THE CIDER, AND THE QUANTITY AND VALUE OF EACH SHIPMENT.
 S. 8305--B                         122
 
 SUCH RECORDS SHALL BE KEPT FOR THREE YEARS AND, UPON WRITTEN REQUEST, BE
 PROVIDED TO THE AUTHORITY OR THE DEPARTMENT OF TAXATION AND FINANCE;
   (D)  IN  CONNECTION  WITH THE ACCEPTANCE OF AN ORDER FOR A DELIVERY OF
 CIDER TO A NEW YORK RESIDENT, REQUIRE THE PROSPECTIVE CUSTOMER TO REPRE-
 SENT THAT HE OR SHE HAS ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE AND
 THAT THE CIDER BEING PURCHASED WILL NOT BE  RESOLD  OR  INTRODUCED  INTO
 COMMERCE; AND
   (E) REQUIRE COMMON CARRIERS TO:
   (I)  REQUIRE  A  RECIPIENT, AT THE DELIVERY ADDRESS, UPON DELIVERY, TO
 DEMONSTRATE THAT THE RECIPIENT IS AT LEAST TWENTY-ONE YEARS  OF  AGE  BY
 PROVIDING  A  VALID  FORM  OF  PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY
 SECTION SIXTY-FIVE-B OF THIS CHAPTER;
   (II) REQUIRE A RECIPIENT TO SIGN AN ELECTRONIC OR PAPER FORM OR  OTHER
 ACKNOWLEDGMENT OF RECEIPT AS APPROVED BY THE AUTHORITY; AND
   (III)  REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER
 TWENTY-ONE YEARS OF AGE AND REFUSES TO PRESENT VALID  IDENTIFICATION  AS
 REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   2.  VIOLATIONS.  IN  ANY ACTION BROUGHT UNDER THIS SECTION, THE COMMON
 CARRIER AND THE LICENSEE SHALL ONLY BE HELD LIABLE FOR THEIR INDEPENDENT
 ACTS.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART FF
 
   Section  1.  Section  532  of  the real property tax law is amended by
 adding two new subdivisions (m) and (n) to read as follows:
   (M)  ALL STATE LANDS LOCATED WITHIN THE BOUNDARIES  OF  THE  SOJOURNER
 TRUTH  STATE PARK IN THE COUNTY OF ULSTER, EXCLUSIVE OF THE IMPROVEMENTS
 THEREON.
   (N) ALL STATE LANDS LOCATED WITHIN THE BOUNDARIES OF THE FRANNY  REESE
 STATE PARK IN THE COUNTY OF ULSTER, EXCLUSIVE OF THE IMPROVEMENTS THERE-
 ON.
   § 2. This act shall take effect immediately and shall apply to assess-
 ment  rolls  prepared  on the basis of taxable status dates occurring on
 and after the date on which this act shall have become a law.
 
                                  PART GG
 
   Section 1. Section 170-e of the executive law, as amended  by  chapter
 123 of the laws of 2022, is amended to read as follows:
   § 170-e. Collection of demographic information. 1. Every state agency,
 board, department, or commission that directly collects demographic data
 as  to  the  ancestry  or ethnic origin of residents of the state of New
 York shall use separate collection categories and  tabulations  for  the
 following Asian and Pacific Islander groups in New York state:
   (a)  each major Asian group shall include Chinese, Japanese, Filipino,
 Korean, Vietnamese, Asian Indian, Bangladeshi, Pakistani, and all of the
 ten most populous Asian groups in the  most  recent  five-year  American
 community survey published by the United States Census Bureau; and
   (b)  each  major Pacific Islander group shall include Native Hawaiian,
 Guamanian and Chamorro, and Samoan; or
   (c) collection categories shall include a category for other Asian  or
 Pacific Island group.
   2.  EVERY STATE AGENCY, BOARD, DEPARTMENT, OR COMMISSION THAT DIRECTLY
 COLLECTS DEMOGRAPHIC DATA AS TO THE ANCESTRY OR ETHNIC ORIGIN  OF  RESI-
 S. 8305--B                         123
 
 DENTS  OF THE STATE OF NEW YORK SHALL USE SEPARATE COLLECTION CATEGORIES
 AND TABULATIONS FOR THE WHITE GROUP IN NEW YORK STATE.
   3.  EVERY STATE AGENCY, BOARD, DEPARTMENT, OR COMMISSION THAT DIRECTLY
 COLLECTS DEMOGRAPHIC DATA AS TO THE ANCESTRY OR ETHNIC ORIGIN  OF  RESI-
 DENTS  OF THE STATE OF NEW YORK SHALL USE SEPARATE COLLECTION CATEGORIES
 AND TABULATIONS FOR THE FOLLOWING MIDDLE EASTERN OR NORTH AFRICAN GROUPS
 IN NEW YORK STATE:
   (A) EACH MAJOR NORTH AFRICAN (NA) GROUP, INCLUDING,  BUT  NOT  LIMITED
 TO, EGYPTIAN, MOROCCAN, ALGERIAN, TUNISIAN, AND LIBYAN; AND
   (B)  EACH  MAJOR MIDDLE EASTERN (ME) GROUP, INCLUDING, BUT NOT LIMITED
 TO, YEMENI, IRANIAN,  PALESTINIAN,  IRAQI,  LEBANESE,  ISRAELI,  SYRIAN,
 ARMENIAN, AND SAUDI; AND
   (C)  OTHER  MIDDLE EASTERN AND NORTH AFRICAN (MENA) GROUPS, INCLUDING,
 BUT NOT LIMITED  TO,  TRANSNATIONAL  INDIGENOUS  MENA  COMMUNITIES  LIKE
 AMAZIGH AND SYRIAC PEOPLE.
   4.  Every state agency, board, department, or commission that directly
 collects demographic data as to the ancestry or ethnic origin  of  resi-
 dents  of the state of New York shall use separate collection categories
 and tabulations for the following:
   (a) the primary language spoken at home; and
   (b) the ethnic group or ancestry.
   [3.] 5. Upon the release of a new five-year American community  survey
 published by the United States Census Bureau, every state agency, board,
 department  or commission shall update their data collection and report-
 ing practices as required by this section and shall continue to  collect
 and  report  on any demographic group no longer included in the ten most
 populous groups until the release of the  following  five-year  American
 community  survey,  at which time state agencies, boards, departments or
 commissions may cease to collect and report on such  demographic  groups
 provided they remain outside the ten most populous groups.
   6.  EVERY STATE AGENCY, BOARD, DEPARTMENT, OR COMMISSION THAT DIRECTLY
 COLLECTS DEMOGRAPHIC DATA AS TO THE ANCESTRY OR ETHNIC ORIGIN  OF  RESI-
 DENTS  OF  THE STATE OF NEW YORK SHALL ALLOW MULTIPLE COLLECTION CATEGO-
 RIES TO BE SELECTED.
   [4.] 7. The data collected pursuant to the different collection  cate-
 gories  and tabulations described in subdivision one of this section, to
 the degree that the data quality is sufficient,  shall  be  included  in
 every  demographic  report on ancestry or ethnic origins of residents of
 the state of New York by the state agency, board, department, or commis-
 sion published or released on or  after  December  first,  two  thousand
 [twenty-three]  TWENTY-FOUR;  provided, however, that for the department
 of labor, division of criminal justice services, office of mental health
 and office of temporary  and  disability  assistance  such  requirements
 shall  be  effective July first, two thousand [twenty-four] TWENTY-FIVE.
 The data shall be made available to the public in accordance with  state
 and  federal  law,  except  for  personal identifying information, which
 shall be deemed confidential, by posting the data on  the  internet  web
 site of the agency, board, department, or commission on or before Decem-
 ber  first, two thousand [twenty-three] TWENTY-FOUR, and annually there-
 after; provided, however, that for the department of labor, division  of
 criminal  justice services, office of mental health and office of tempo-
 rary and disability assistance such requirements shall be effective July
 first, two thousand [twenty-four] TWENTY-FIVE.  If the data  quality  is
 determined  to  be  insufficient  for publication, an explanation of the
 problem with the data quality shall be included in any report or  publi-
 cation  made  available  to  the public.   This subdivision shall not be
 S. 8305--B                         124
 
 construed to prevent any other state agency from posting data  collected
 pursuant to subdivision one of this section on the agency's internet web
 site, in the manner prescribed by this section.
   [5.]  8.  The  requirements  of  this  section  shall not apply to the
 department of labor, the division  of  criminal  justice  services,  the
 office  of  mental  health  or  the  office  of temporary and disability
 assistance until two years after this section shall have become a law.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.
 
                                  PART HH
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Renewable Capitol Act".
   § 2. The executive law is amended by adding a new section 204 to  read
 as follows:
   §  204. RENEWABLE CAPITOL PROJECT. 1. FOR THE PURPOSE OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) THE "ADVISORY COMMITTEE"  SHALL  MEAN  THE  COMMITTEE  ESTABLISHED
 PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION.
   (B)  THE  "CLCPA" SHALL MEAN THE NEW YORK STATE CLIMATE LEADERSHIP AND
 COMMUNITY PROTECTION ACT ENACTED AS CHAPTER ONE HUNDRED SIX OF THE  LAWS
 OF TWO THOUSAND NINETEEN, AS IT SHALL FROM TIME TO TIME BE AMENDED.
   (C) "CO-POLLUTANTS" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDI-
 VISION THREE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (D)  "EMERGENCY  GENERATOR"  SHALL  MEAN  THE SET OF DIESEL GENERATORS
 LOCATED ON SHERIDAN AVENUE IN ALBANY, NEW YORK AS OF THE EFFECTIVE  DATE
 OF  THIS  SECTION,  THAT  ARE  INTENDED  TO POWER THE EMPIRE STATE PLAZA
 COMPLEX DURING AN EMERGENCY FAULT CONDITION CAUSING AN  INTERRUPTION  TO
 NORMAL ELECTRICITY SERVICE FROM THE GRID.
   (E)  "EMPIRE  STATE  PLAZA  COMPLEX"  OR  THE "COMPLEX" SHALL MEAN THE
 COMPLEX OF STATE-OWNED BUILDINGS AND THE LAND  THEREON  IN  ALBANY,  NEW
 YORK  THAT UTILIZE THE STEAM DISTRIBUTION NETWORK OF THE SHERIDAN AVENUE
 STEAM PLANT, INCLUDING WHAT ARE POPULARLY KNOWN AS EMPIRE  STATE  PLAZA,
 THE STATE CAPITOL BUILDING, THE STATE MUSEUM, THE ALFRED E. SMITH BUILD-
 ING,  THE STATE EDUCATION BUILDING, THE SHERIDAN AVENUE STEAM PLANT, AND
 THE FORMER ALBANY NEW YORK SOLID WASTE ENERGY RECOVERY SYSTEM  INCINERA-
 TOR BUILDING.
   (F)  "GREENHOUSE  GAS"  SHALL  HAVE  THE  SAME MEANING AS SET FORTH IN
 SUBDIVISION SEVEN OF SECTION 75-0101 OF THE  ENVIRONMENTAL  CONSERVATION
 LAW.
   (G)  THE  "LOCAL COMMUNITY" SHALL MEAN THE PORTION OF ALBANY, NEW YORK
 DESIGNATED AS THE LOCAL COMMUNITY UNDER THE PLAN, WHICH  SHALL  INCLUDE,
 AT  A  MINIMUM,  THE  ALBANY SHERIDAN HOLLOW, ARBOR HILL, CENTER SQUARE,
 MANSION, WASHINGTON PARK, WEST HILL AND SOUTH END NEIGHBORHOODS.
   (H) "NYSERDA" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
 OPMENT AUTHORITY CREATED UNDER SECTION EIGHTEEN HUNDRED FIFTY-TWO OF THE
 PUBLIC AUTHORITIES LAW.
   (I) THE "OFFICE OF GENERAL SERVICES" OR THE "OFFICE"  SHALL  MEAN  THE
 AGENCY CREATED UNDER SECTION TWO HUNDRED OF THIS ARTICLE.
   (J) THE "EMPIRE STATE PLAZA DECARBONIZATION PLAN" OR "PLAN" SHALL MEAN
 THE PLAN SET FORTH IN SUBDIVISION THREE OF THIS SECTION, AND MANDATED BY
 THIS SECTION AND SECTION NINETY-ONE OF THE PUBLIC BUILDINGS LAW.
 S. 8305--B                         125
 
   (K)  THE  "PROJECT"  SHALL  MEAN  THE  WORK  ON THE EMPIRE STATE PLAZA
 COMPLEX MANDATED BY THIS SECTION AND SECTION NINETY-ONE  OF  THE  PUBLIC
 BUILDINGS LAW.
   (L)  A  "POWER PURCHASE AGREEMENT" SHALL MEAN AN AGREEMENT BETWEEN TWO
 PARTIES, THE SELLER AND THE BUYER, TO ENTER  INTO  A  CONTRACTUAL  OBLI-
 GATION FOR THE PURCHASE OF ELECTRICITY.
   (M)  "RENEWABLE  ENERGY  SYSTEMS" MEANS SYSTEMS THAT ENTIRELY GENERATE
 ELECTRICITY OR THERMAL ENERGY THROUGH USE OF THE FOLLOWING TECHNOLOGIES:
 SOLAR THERMAL, PHOTOVOLTAICS, ON LAND AND OFFSHORE WIND,  HYDROELECTRIC,
 GEOTHERMAL  ELECTRIC,  GEOTHERMAL GROUND SOURCE HEAT, TIDAL ENERGY, WAVE
 ENERGY, OCEAN THERMAL, AND FUEL CELLS WHICH DO NOT UTILIZE A FOSSIL FUEL
 RESOURCE IN THE PROCESS OF GENERATING ELECTRICITY OR THERMAL ENERGY.
   (N) "SHERIDAN AVENUE STEAM PLANT" SHALL MEAN THE STEAM PLANT  FACILITY
 OWNED  BY NEW YORK STATE LOCATED AS OF THE TIME OF THE EFFECTIVE DATE OF
 THIS SECTION AT 79 SHERIDAN AVENUE IN ALBANY, NEW YORK.
   2. (A) WITHIN THREE YEARS AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE POWER AUTHORITY
 OF  THE  STATE OF NEW YORK, SHALL ENSURE THAT ALL OPERATIONS THAT POWER,
 HEAT OR COOL THE EMPIRE STATE PLAZA COMPLEX SHALL ENTIRELY USE RENEWABLE
 ENERGY SYSTEMS. IN SATISFYING THIS REQUIREMENT, THE  OFFICE  MAY  DEMON-
 STRATE  THAT  THE  AMOUNT  OF  ELECTRICAL ENERGY CREDITED TO THE COMPLEX
 ANNUALLY FROM RENEWABLE SOURCES THROUGH A POWER  PURCHASE  AGREEMENT  OR
 SIMILAR  INSTRUMENT  IS  NOT  LESS  THAN THE AMOUNT OF ELECTRICAL ENERGY
 CONSUMED ANNUALLY BY THE  COMPLEX.  NOTWITHSTANDING  THIS  MANDATE,  THE
 EMERGENCY  GENERATOR SHALL BE PERMITTED TO UTILIZE NON-RENEWABLE ENERGY,
 BUT THE OFFICE SHALL BE EMPOWERED TO RETIRE  OR  CONVERT  THE  EMERGENCY
 GENERATOR TO WHOLLY OR ENTIRELY UTILIZE RENEWABLES IF POSSIBLE.
   (B)  THE  PROJECT AND THE EMPIRE STATE PLAZA COMPLEX SHALL COMPLY WITH
 THE CLCPA, AND ANY RULES AND  REGULATIONS  ISSUED  THEREUNDER,  AND,  IN
 PARTICULAR,  SECTION  SEVEN  OF  SUCH  LAW; THE STATEWIDE GREENHOUSE GAS
 EMISSIONS LIMITS SET FORTH  IN  SECTION  75-0107  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW;  AND  THE  TARGETS  ESTABLISHED IN SUBDIVISION TWO OF
 SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW. NOTHING IN THIS PARAGRAPH
 SHALL PRECLUDE THE OFFICE FROM MANDATING LOWER GREENHOUSE GAS  EMISSIONS
 LIMITS  OR  COMPLIANCE WITH GREENHOUSE GAS EMISSIONS LIMITS IN A SHORTER
 TIMEFRAME THAN SET FORTH IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSER-
 VATION LAW, OR IN MANDATING A HIGHER PERCENTAGE OF RENEWABLES  OR  IN  A
 SHORTER  TIMEFRAME THAN IN SUBDIVISION TWO OF SECTION SIXTY-SIX-P OF THE
 PUBLIC SERVICE LAW. EXCEPT IN REGARD TO THE PROVISION REGARDING  TO  THE
 EMERGENCY  GENERATOR  AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION,
 ANY ACTION TAKEN IN  FURTHERANCE  OF  THE  PROJECT  THAT  LEADS  TO  ANY
 INCREASE IN THE EMISSIONS OF GREENHOUSE GASES SHALL BE DEEMED INCONSIST-
 ENT WITH AND IN INTERFERENCE WITH THE ATTAINMENT OF THE STATEWIDE GREEN-
 HOUSE  GAS  EMISSIONS  LIMITS ESTABLISHED IN ARTICLE SEVENTY-FIVE OF THE
 ENVIRONMENTAL CONSERVATION LAW AND THEREFORE SHALL TRIGGER  THE  PROCESS
 SET FORTH IN SUBDIVISION TWO OF SECTION SEVEN OF THE CLCPA.
   3.    (A) WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE
 OFFICE SHALL ESTABLISH AN ADVISORY COMMITTEE TO ADVISE IT ON THE  PREPA-
 RATION, DESIGN AND CONTENT OF THE PLAN.  SUCH PLAN SHALL BE COMPLETED NO
 LATER  THAN JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-SIX.  THE ADVISORY
 COMMITTEE SHALL CONSIST OF THE COMMISSIONER OF THE DEPARTMENT  OF  ENVI-
 RONMENTAL  CONSERVATION  AND  THE CHIEF EXECUTIVE OFFICER OF NYSERDA, OR
 THEIR DESIGNEES, AND ADDITIONAL MEMBERS WHICH SHALL BE APPOINTED BY SUCH
 COMMISSIONER IN CONSULTATION  WITH  SUCH  CHIEF  EXECUTIVE  OFFICER,  AS
 FOLLOWS:  THREE  REPRESENTATIVES  OF  ALBANY COMMUNITY ORGANIZATIONS, AT
 LEAST TWO OF WHICH ARE FROM ORGANIZATIONS WHOSE MISSION, IN WHOLE OR  IN
 S. 8305--B                         126
 
 PART,  IS  TO  REPRESENT THE INTERESTS OF THE ARBOR HILL AND/OR SHERIDAN
 HOLLOW NEIGHBORHOODS IN ALBANY; TWO ADDITIONAL REPRESENTATIVES OF  LOCAL
 ENVIRONMENTAL  JUSTICE ORGANIZATIONS; ONE INDIVIDUAL NOT EMPLOYED BY NEW
 YORK  STATE  WITH  RECOGNIZED EXPERTISE IN RENEWABLE ENERGY; A REPRESEN-
 TATIVE OF LABOR ORGANIZATIONS; A SCIENTIST WITH EXPERTISE IN ENERGY  AND
 CLIMATE POLICY; AN ENGINEER WITH EXPERTISE IN ENERGY (INCLUDING GEOTHER-
 MAL) AND CLIMATE POLICY; AND THE MAYOR OF ALBANY OR HIS OR HER DESIGNEE.
 THE  ADVISORY  COMMITTEE  SHALL  MEET  AT LEAST THREE TIMES ANNUALLY, OR
 ADDITIONAL TIMES AS THE COMMITTEE SHALL BY MAJORITY VOTE DETERMINE.   AT
 SUCH  MEETINGS,  WHICH  SHALL  BE  OPEN TO THE PUBLIC, THE OFFICE, AMONG
 OTHER THINGS, SHALL REPORT  ON  THE  PROGRESS  MADE  IN  COMPLETING  THE
 PROJECT  AND OTHERWISE IMPLEMENTING THIS SECTION. THE ADVISORY COMMITTEE
 MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES  BUT  SHALL  BE
 REIMBURSED  FOR  THEIR  ACTUAL  AND  NECESSARY  EXPENSES INCURRED IN THE
 PERFORMANCE OF THEIR DUTIES. ALL AGENCIES OF THE STATE  OR  SUBDIVISIONS
 THEREOF MAY, AT THE REQUEST OF THE ADVISORY PANEL OR THE OFFICE, PROVIDE
 THE  ADVISORY  PANEL  WITH  SUCH FACILITIES, ASSISTANCE AND DATA AS WILL
 ENABLE THE ADVISORY PANEL TO CARRY OUT ITS POWERS AND DUTIES.
   (B) EACH MEMBER OF THE ADVISORY COMMITTEE SHALL  BE  ENTITLED  TO  ONE
 VOTE.   NO ACTION MAY BE TAKEN BY THE ADVISORY COMMITTEE UNLESS THERE IS
 A QUORUM, WHICH SHALL AT ALL TIMES BE A MAJORITY OF THE MEMBERS  OF  THE
 COMMITTEE.
   (C)  THE  OFFICE  SHALL RETAIN A THIRD PARTY TO PERFORM AN ENGINEERING
 STUDY TO BE COMPLETED WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE
 DATE OF THIS SECTION, WHICH SHALL CONSIDER  THE  MATTERS  SET  FORTH  IN
 PARAGRAPH  (F) OF THIS SUBDIVISION AND ANY OTHER MATTERS CONSISTENT WITH
 THIS SECTION THAT THE OFFICE SHALL DIRECT.  FOR  THE  PURPOSES  OF  THIS
 PARAGRAPH,  THE  TERM  "THIRD PARTY" SHALL MEAN A PROFESSIONAL ENGINEER,
 NOT EMPLOYED BY THE STATE OF NEW YORK, OR AN ENGINEERING FIRM,  PROVIDED
 THAT  NONE OF THE ENGINEERS EMPLOYED BY SUCH FIRM SHALL ALSO BE EMPLOYED
 BY THE STATE OF NEW YORK.
   (D) THE OFFICE SHALL BE TRANSPARENT IN ITS WORK TO  DEVELOP  THE  PLAN
 AND  SHALL  MAINTAIN  A  WEBSITE  WHERE A DRAFT PLAN AND OTHER DOCUMENTS
 RELEVANT TO ITS DEVELOPMENT SHALL BE POSTED FOR PUBLIC REVIEW  AT  LEAST
 FOURTEEN DAYS PRIOR TO THE FIRST OF THE PUBLIC HEARINGS MANDATED BY THIS
 PARAGRAPH.  THE  ADVISORY COMMITTEE SHALL HOLD AT LEAST TWO PUBLIC HEAR-
 INGS AT LEAST SIXTY DAYS PRIOR TO THE RELEASE  OF  THE  FINAL  PLAN,  OF
 WHICH  ONE  SHALL BE HELD IN THE ARBOR HILL OR SHERIDAN HOLLOW NEIGHBOR-
 HOODS AND ONE SHALL BE HELD DURING THE EVENING OR WEEKEND  HOURS.    THE
 ADVISORY  COMMITTEE  SHALL  MAKE  PROVISIONS  FOR  ONLINE AND TELEPHONIC
 ATTENDANCE AND PARTICIPATION. AT SUCH PUBLIC HEARINGS,  THE  DRAFT  PLAN
 SHALL  BE MADE AVAILABLE IN WRITTEN FORM FOR THOSE PHYSICALLY ATTENDING.
 PROVISIONS SHALL ALSO BE MADE FOR WRITTEN COMMENTS ON THE DRAFT PLAN.
   (E) THE PLAN SHALL CONTAIN RECOMMENDATIONS ON REGULATORY MEASURES  AND
 OTHER  STATE ACTIONS TO ENSURE THAT THE MANDATES IN SUBDIVISIONS TWO AND
 THREE OF THIS SECTION AND SECTION NINETY-ONE OF THE PUBLIC BUILDINGS LAW
 ARE MET. THE MEASURES AND ACTIONS SET FORTH IN THE PLAN SHALL INCLUDE:
   I. A TIMELINE FOR PLANNED STEPS TOWARD THE COMPLETION OF THE  PROJECT,
 INCLUDING,  BUT NOT LIMITED TO CONSTRUCTION OF THE PROJECT AND OBTAINING
 THE NECESSARY PERMITS TO BEGIN OPERATION.  THE TIMELINE SHOULD  MAXIMIZE
 THE  POTENTIAL  FOR  ACHIEVING, AND IF FEASIBLE MAKING GREATER EMISSIONS
 REDUCTIONS THAN THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS SET  FORTH
 IN SECTION 75-0107 OF THE ENVIRONMENTAL CONSERVATION LAW AND MEETING THE
 OTHER MANDATES OF THE CLCPA;
 S. 8305--B                         127
 
   II.  MEASURES TO MAXIMIZE THE BENEFITS TO THE LOCAL COMMUNITY, INCLUD-
 ING PRIORITIZING THE REDUCTION OF GREENHOUSE GASES AND CO-POLLUTANTS AND
 IMPROVING PUBLIC HEALTH IN THE LOCAL COMMUNITY;
   III.  MEASURES  TO  OPTIMIZE  THERMAL LOAD SHARING, ENERGY EFFICIENCY,
 DEMAND RESPONSE, AND ENERGY CONSERVATION;
   IV. COMPREHENSIVE CONSIDERATION OF RENEWABLE HEAT EXCHANGE SYSTEMS  OR
 A  COMBINATION  OF SUCH SYSTEMS TO MEET THE HEATING AND COOLING NEEDS OF
 THE EMPIRE STATE PLAZA COMPLEX, INCLUDING BUT NOT LIMITED TO: GEOTHERMAL
 HEAT EXCHANGE WITH THE EARTH, GEOTHERMAL HEAT EXCHANGE WITH  THE  HUDSON
 RIVER, OPEN-LOOP AND CLOSED-LOOP GEOTHERMAL HEAT EXCHANGE WITH THE AQUI-
 FER,  HEAT  EXCHANGE  WITH  POTABLE  WATER  SUPPLIES, HEAT RECOVERY FROM
 WASTEWATER SOURCES, AIR-SOURCE HEAT PUMP TECHNOLOGY, AND  THERMAL  STOR-
 AGE,  PROVIDED  THAT  SUCH SYSTEMS DO NOT USE COMBUSTION-BASED OR FOSSIL
 FUEL ENERGY;
   V. PRIORITIZATION OF ELECTRICITY PROCUREMENT  FROM  RENEWABLE  SOURCES
 WITHIN  NEW  YORK INDEPENDENT SYSTEM OPERATOR (NYISO) ZONE F, ESPECIALLY
 SOURCES MOST CAPABLE OF PROVIDING  ELECTRICITY  SERVING  REAL-TIME  LOAD
 CONDITIONS  OF  THE  EMPIRE STATE PLAZA COMPLEX. THIS SHALL INCLUDE, BUT
 NOT BE LIMITED TO, CONSIDERATION OF  PROJECTS  THAT  EXPAND  ELECTRICITY
 GENERATION FROM ECOLOGICALLY-RESPONSIBLE, RUN-OF-THE-RIVER HYDROELECTRIC
 FACILITIES WITHIN THE REGION; AND
   VI.    ELECTRICITY SERVICE UPGRADES FOR THE EMPIRE STATE PLAZA COMPLEX
 NECESSARY TO SUPPORT MEASURES IDENTIFIED IN THIS SECTION.
   (F) IN DESIGNING THE PLAN, THE OFFICE SHALL BE GUIDED BY ANY RECOMMEN-
 DATIONS CONTAINED IN THE ENGINEERING STUDY MANDATED BY PARAGRAPH (C)  OF
 THIS  SUBDIVISION, AND ANY COMMENTS OR RECOMMENDATIONS MADE BY THE ADVI-
 SORY COMMITTEE, INCLUDING AS TO SUCH ENGINEERING  STUDY.  SUCH  ADVISORY
 COMMITTEE  SHALL ALSO BE ENTITLED TO REJECT OR MODIFY ANY RECOMMENDATION
 UPON A FINDING THAT SUCH RECOMMENDATION WOULD BE  INCONSISTENT  WITH  OR
 WILL INTERFERE WITH THE ATTAINMENT OF THE STATEWIDE GREENHOUSE GAS EMIS-
 SIONS  LIMITS  ESTABLISHED  IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
 CONSERVATION LAW, THE CLIMATE JUSTICE PROVISIONS OF THE CLCPA, ANY RULES
 OR REGULATIONS ISSUED THEREUNDER, OR THIS  SECTION.    IF  THE  ADVISORY
 COMMITTEE  REJECTS  OR MODIFIES ANY RECOMMENDATION, THE ORIGINAL VERSION
 OF THE RECOMMENDATIONS AS SET  FORTH  IN  THE  ENGINEERING  STUDY  SHALL
 PRESUMPTIVELY  NOT  BE  CONSIDERED  BY  THE  OFFICE,  UNLESS SUBSTANTIAL
 EVIDENCE EXISTS TO SUPPORT THE STUDY'S INITIAL RECOMMENDATIONS.
   (G) THE PLAN SHALL DESIGNATE THE GEOGRAPHIC BOUNDARIES  OF  THE  LOCAL
 COMMUNITY. IN DESIGNATING SUCH BOUNDARIES, WHICH SHALL INCLUDE THE ALBA-
 NY SHERIDAN HOLLOW, ARBOR HILL, CENTER SQUARE, MANSION, WASHINGTON PARK,
 WEST  HILL,  AND  SOUTH  END  NEIGHBORHOODS,  THE  OFFICE SHALL CONSIDER
 INCLUDING IN ITS  DESIGNATION  ANY  OTHER  COMMUNITIES  THAT  EXPERIENCE
 IMPACTS  ON  THEIR WATER, AIR QUALITY, NOISE AND TRAFFIC FROM THE EMPIRE
 STATE PLAZA COMPLEX.
   (H) ANY PROJECT THAT MAY BE FUNDED AS A RESULT OF THE RENEWABLE  CAPI-
 TOL  PROJECT  COMPLETED  PURSUANT  TO THIS SECTION SHALL: I. BE DEEMED A
 PUBLIC WORK  PROJECT SUBJECT TO ARTICLE EIGHT  OF  THE  LABOR  LAW;  II.
 REQUIRE  THAT  THE  COMPONENT PARTS OF ANY RENEWABLE CAPITOL PROJECT ARE
 PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES,  ITS
 TERRITORIES OR POSSESSIONS, SUBJECT TO A WAIVER PROVISION SIMILAR TO THE
 ONE  CONTAINED  IN  SUBDIVISION TWO OF SECTION SIXTY-SIX-S OF THE PUBLIC
 SERVICE LAW; III. CONTAIN A REQUIREMENT THAT ANY PUBLIC OWNER  OR  THIRD
 PARTY  ACTING  ON BEHALF OF A PUBLIC OWNER ENTER  INTO  A  PROJECT LABOR
 AGREEMENT AS DEFINED BY SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR  LAW
 FOR  ALL  CONSTRUCTION  WORK; AND IV.  REQUIRE THE PAYMENT OF PREVAILING
 WAGE STANDARDS CONSISTENT  WITH  ARTICLE  NINE  OF  THE   LABOR LAW  FOR
 S. 8305--B                         128
 BUILDING  SERVICES  WORK.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE
 CONTRARY, ALL RIGHTS  OR  BENEFITS,  INCLUDING TERMS AND  CONDITIONS  OF
 EMPLOYMENT,  AND  PROTECTION  OF CIVIL SERVICE AND COLLECTIVE BARGAINING
 STATUS  OF  ALL EXISTING PUBLIC   EMPLOYEES   AND THE WORK JURISDICTION,
 COVERED JOB TITLES, AND WORK ASSIGNMENTS, SET FORTH IN THE CIVIL SERVICE
 LAW AND COLLECTIVE BARGAINING AGREEMENTS   WITH   LABOR    ORGANIZATIONS
 REPRESENTING PUBLIC EMPLOYEES SHALL BE PRESERVED AND PROTECTED. ANY SUCH
 PROJECT  SHALL  NOT  RESULT  IN  THE:  (A) DISPLACEMENT OF ANY CURRENTLY
 EMPLOYED WORKER OR LOSS OF POSITION (INCLUDING PARTIAL  DISPLACEMENT  AS
 SUCH A REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT
 BENEFITS)  OR RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING
 AGREEMENTS; (B) TRANSFER OF EXISTING DUTIES  AND  FUNCTIONS  RELATED  TO
 MAINTENANCE  AND OPERATIONS CURRENTLY PERFORMED BY EXISTING EMPLOYEES OF
 AUTHORIZED ENTITIES TO A CONTRACTING ENTITY; OR (C) TRANSFER  OF  FUTURE
 DUTIES  AND  FUNCTIONS  ORDINARILY  PERFORMED BY EMPLOYEES OF AUTHORIZED
 ENTITIES TO A CONTRACTING ENTITY.
   (I) IN THE CASE OF ANY CONFLICT AS TO THE REQUIREMENTS OF THIS SECTION
 AND SECTION NINETY-ONE OF THE PUBLIC BUILDINGS  LAW  IN  REGARD  TO  THE
 PROJECT, THIS SECTION SHALL PREVAIL.
   §  3.   The tenth undesignated paragraph of section 1005 of the public
 authorities law, as added by chapter 55 of the laws of 1992, is  amended
 to read as follows:
   The  authority is further authorized, as deemed feasible and advisable
 by the trustees, to acquire,  maintain,  manage,  operate,  improve  and
 reconstruct as a project or projects of the authority one or both of the
 steam  generation  facilities  owned  by the state known as the Sheridan
 [avenue] AVENUE steam [generating] plant [on Sheridan avenue in the city
 of Albany and used to supply steam to state facilities],  together  with
 any  properties,  buildings and equipment at the sites thereof or ancil-
 lary thereto, for the generation and sale  of  thermal  energy  and  the
 cogeneration  and sale of electricity for use by facilities of the state
 within the county of Albany. All the authority's  costs,  including  its
 acquisition,  capital,  operating and maintenance costs, shall be recov-
 ered fully from the customers receiving service  from  such  project  or
 projects.  Thermal  energy and electricity not required by the state may
 be sold by the authority to others. The authority is not  authorized  to
 use  refuse or refuse-derived fuel in operating the project or projects.
 AS OF THE TIME PERIOD SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION  TWO  OF
 SECTION  TWO  HUNDRED  FOUR  OF  THE  EXECUTIVE  LAW, ALL OF THE ENERGY,
 INCLUDING BUT NOT LIMITED TO HEAT, COOLING AND ELECTRICITY, PRODUCED  AT
 THE  SHERIDAN AVENUE STEAM PLANT SHALL UTILIZE RENEWABLE ENERGY SYSTEMS.
 Any agreement for such acquisition shall insure that  the  authority  is
 not  liable  or otherwise responsible for circumstances arising from the
 prior operation of such facilities. The acquisition and purchase of such
 land, buildings and equipment by the authority, and any actions taken to
 effect such  acquisition  and  purchase,  are  hereby  exempt  from  the
 provisions  of  article eight of the environmental conservation law. The
 application of such exemption shall be strictly limited to the  acquisi-
 tion and purchase of such land, buildings and equipment by the authority
 and  such  agreements  with  the  state. Nothing herein shall exempt the
 authority from  otherwise  applicable  laws  respecting  the  expansion,
 conversion, operation and maintenance of such land, buildings and equip-
 ment.  FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS "RENEWABLE ENERGY
 SYSTEMS" AND "SHERIDAN AVENUE STEAM PLANT" SHALL HAVE THE SAME  MEANINGS
 AS IN SUBDIVISION ONE OF SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW.
 S. 8305--B                         129
 
   §  4.  Subdivisions 2 and 3 of section 90 of the public buildings law,
 as added by section 5 of part RR of chapter 56 of the laws of 2023,  are
 amended to read as follows:
   2.  "Decarbonization"  and "decarbonize" means eliminating all on-site
 combustion of fossil-fuels and associated co-pollutants with the  excep-
 tion  of  back-up  emergency  generators and redundant systems needed to
 address public health, safety and security, providing heating and  cool-
 ing  through  thermal energy, and thermal energy networks, from non-com-
 bustion sources, and to the greatest extent feasible  producing  on-site
 electricity  that is one hundred percent renewable.  NOTWITHSTANDING THE
 PROVISIONS OF THIS SUBDIVISION, FOR PURPOSES OF THE EMPIRE  STATE  PLAZA
 COMPLEX,  SUCH  TERM SHALL MEAN MEETING THE REQUIREMENTS OF SUBDIVISIONS
 TWO AND THREE OF SECTION TWO HUNDRED FOUR  OF  THE  EXECUTIVE  LAW,  AND
 SECTION  NINETY-ONE OF THIS ARTICLE, AS SUCH REQUIREMENTS ARE APPLICABLE
 TO THE EMPIRE STATE PLAZA COMPLEX.
   3. "Highest-emitting facilities" means state-owned facilities that are
 among the highest producers of greenhouse gas emissions and collectively
 account for at least thirty percent of the greenhouse gas  emissions  as
 recorded  by the authority's Build Smart NY program established pursuant
 to Executive Order 88 of 2012.  NOTWITHSTANDING THE PROVISIONS  OF  THIS
 SUBDIVISION,  ONE  OF  SUCH FACILITIES SHALL BE   THE EMPIRE STATE PLAZA
 COMPLEX. FOR PURPOSES OF THIS ARTICLE, THE "EMPIRE STATE PLAZA  COMPLEX"
 SHALL  HAVE  THE SAME MEANING AS DEFINED IN PARAGRAPH (E) OF SUBDIVISION
 ONE OF SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW.
   § 5. The opening paragraph and paragraph  (g)  of  subdivision  1  and
 subdivision  2  of  section  91 of the public buildings law, as added by
 section 5 of part RR of chapter 56 of the laws of 2023, are amended  and
 a new paragraph (l) is added to subdivision 1 to read as follows:
   The authority is hereby authorized and directed to establish decarbon-
 ization action plans for fifteen of the highest-emitting facilities that
 will  serve  as  a basis for decarbonizing the facilities to the maximum
 extent practicable, and subject to  any  needed  redundant  systems  and
 back-up  systems  needed  for public safety and security.  [Decarboniza-
 tion] EXCEPT AS PROVIDED  IN  PARAGRAPH  (H)  OF  SUBDIVISION  THREE  OF
 SECTION  TWO  HUNDRED  FOUR OF THE EXECUTIVE LAW, DECARBONIZATION action
 plans shall address the following matters at a minimum:
   (g) [Identification] EXCEPT FOR THE EMPIRE STATE PLAZA DECARBONIZATION
 PLAN, IDENTIFICATION of any parts  of  the  facilities  that  cannot  be
 decarbonized, with explanations.
   (L)  IN  THE  CASE  OF  THE EMPIRE STATE PLAZA COMPLEX DECARBONIZATION
 ACTION PLAN, THE ITEMS LISTED IN PARAGRAPH (F) OF SUBDIVISION  THREE  OF
 SECTION TWO HUNDRED FOUR OF THE EXECUTIVE LAW.
   2.  [The]  EXCEPT  FOR  THE  DECARBONIZATION PLAN FOR THE EMPIRE STATE
 PLAZA COMPLEX, THE authority shall complete the  decarbonization  action
 plans  no  later  than  January  thirty-first,  two thousand twenty-six,
 provided that such date shall be extended for justifiable delay  outside
 the  control of the authority, including, but not limited to, previously
 planned or current major renovations or replacements to the  facilities,
 delayed permitting or approval by building owners, local authorities, or
 other essential parties, external resource bottlenecks, pending or unre-
 solved  investigations  into  utility  grid  capacity or similar circum-
 stances where crucial information is not yet  available  or  determined.
 Such  extension  shall  be  limited to the time necessary to address the
 factors causing such delay.  THE EMPIRE STATE DECARBONIZATION PLAN SHALL
 BE COMPLETED BY JANUARY THIRTY-FIRST, TWO THOUSAND  TWENTY-SIX,  AND  NO
 EXCLUSIONS FOR JUSTIFIABLE DELAYS SHALL BE PERMITTED.
 S. 8305--B                         130
 
   § 6. Subdivisions 5, 6 and 7 of section 91 of the public buildings law
 are renumbered subdivisions 6, 7 and 8, and a new subdivision 5 is added
 to read as follows:
   5.  THE  AUTHORITY  SHALL BE AUTHORIZED TO USE THE FUNDING PROVIDED IN
 SUBDIVISION FOUR OF THIS SECTION TO PREPARE THE  DECARBONIZATION  ACTION
 PLAN  FOR  THE EMPIRE STATE PLAZA COMPLEX, TO UPDATE OR MODIFY ANY STUDY
 OR PLAN UNDERTAKEN, WITH THE GOAL, IN  WHOLE  OR  IN  PART  OF  REDUCING
 GREENHOUSE  GAS  EMISSIONS APPLICABLE TO SUCH COMPLEX, OR TO PERFORM THE
 ENGINEERING STUDY MANDATED BY PARAGRAPH  (D)  OF  SUBDIVISION  THREE  OF
 SECTION  TWO  HUNDRED FOUR OF THE EXECUTIVE LAW, PROVIDED THAT SUCH PLAN
 OR STUDY IN THE VIEW OF THE AUTHORITY WOULD PROVIDE  INFORMATION  USEFUL
 FOR ACHIEVING THE PURPOSES OF SUCH SECTION.
   § 7. This act shall take effect immediately.
 
                                  PART II
 
   Section  1.  Subdivision b of section 448 of the retirement and social
 security law is amended by adding a new paragraph 3 to read as follows:
   3. PROVIDED FURTHER, NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTI-
 CLE TO THE CONTRARY, WHERE THE MEMBER IS IN A TITLE AS DEFINED IN SUBDI-
 VISION I OF SECTION EIGHTY-NINE OF THIS CHAPTER,  AND  WOULD  HAVE  BEEN
 ENTITLED  TO  A  SERVICE RETIREMENT BENEFIT AT THE TIME OF SUCH MEMBER'S
 DEATH AND WHERE SUCH MEMBER'S DEATH OCCURS ON OR AFTER JULY  FIRST,  TWO
 THOUSAND TWENTY-FOUR, THE BENEFICIARY OR BENEFICIARIES NOMINATED FOR THE
 PURPOSES  OF  THIS  SUBDIVISION  MAY ELECT TO RECEIVE, IN A LUMP SUM, AN
 AMOUNT PAYABLE WHICH SHALL BE EQUAL TO THE PENSION  RESERVE  THAT  WOULD
 HAVE  BEEN  ESTABLISHED  HAD  THE  MEMBER  RETIRED  ON  THE DATE OF SUCH
 MEMBER'S DEATH, OR THE VALUE OF THE DEATH BENEFIT AND  THE  RESERVE-FOR-
 INCREASED-TAKE-HOME-PAY, IF ANY, WHICHEVER IS GREATER.
   § 2. Subdivision b of section 508 of the retirement and social securi-
 ty  law,  as  amended  by chapter 476 of the laws of 2018, is amended to
 read as follows:
   b. A member of a retirement system subject to the provisions  of  this
 article who is a police officer, firefighter, correction officer, inves-
 tigator  revised plan member or sanitation worker and is in a plan which
 permits immediate retirement upon completion of a  specified  period  of
 service  without  regard  to  age or who is subject to the provisions of
 section five hundred four or five hundred five of  this  article,  shall
 upon  completion  of  ninety  days  of  service be covered for financial
 protection in the event of death in service pursuant  to  this  subdivi-
 sion.
   1. Such death benefit shall be equal to three times the member's sala-
 ry  raised  to the next highest multiple of one thousand dollars, but in
 no event shall it exceed three times the  maximum  salary  specified  in
 section one hundred thirty of the civil service law or, in the case of a
 member  of  a  retirement system other than the New York city employees'
 retirement system, or in the case of a  member  of  the  New  York  city
 employees'   retirement   system  who  is  a  New  York  city  uniformed
 correction/sanitation revised plan member  or  an  investigator  revised
 plan member, the specific limitations specified for age of entrance into
 service  contained  in subparagraphs (b), (c), (d), (e) and (f) of para-
 graph two of subdivision a of this section.
   2. PROVIDED FURTHER, NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTI-
 CLE TO THE CONTRARY, WHERE THE MEMBER IS IN A TITLE AS DEFINED IN SUBDI-
 VISION I OF SECTION EIGHTY-NINE OF THIS CHAPTER,  AND  WOULD  HAVE  BEEN
 ENTITLED  TO  A  SERVICE RETIREMENT BENEFIT AT THE TIME OF SUCH MEMBER'S
 S. 8305--B                         131
 
 DEATH AND WHERE SUCH MEMBER'S DEATH OCCURS ON OR AFTER JULY  FIRST,  TWO
 THOUSAND TWENTY-FOUR, THE BENEFICIARY OR BENEFICIARIES NOMINATED FOR THE
 PURPOSES  OF  THIS  SUBDIVISION  MAY ELECT TO RECEIVE, IN A LUMP SUM, AN
 AMOUNT  PAYABLE  WHICH  SHALL BE EQUAL TO THE PENSION RESERVE THAT WOULD
 HAVE BEEN ESTABLISHED HAD  THE  MEMBER  RETIRED  ON  THE  DATE  OF  SUCH
 MEMBER'S  DEATH,  OR THE VALUE OF THE DEATH BENEFIT AND THE RESERVE-FOR-
 INCREASED-TAKE-HOME-PAY, IF ANY, WHICHEVER IS GREATER.
   § 3. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would modify the in-service  death  benefit  for  retirement
 eligible  members  of the New York State and Local Employees' Retirement
 System who are employed by New York State  as  correction  officers  and
 security  hospital  treatment  assistants.  The in-service death benefit
 will be the value of the pension reserve as if the member had retired on
 their date of death.
   If this bill is enacted during the 2024 Legislative Session, we antic-
 ipate that there will be an increase of approximately  $1.7  million  in
 the  annual  contributions  of the State of New York for the fiscal year
 ending March 31, 2025. In future  years  this  cost  will  vary  but  is
 expected to average 0.1% of salary annually.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $10.4 million which will
 be  borne  by the State of New York as a one-time payment. This estimate
 assumes that payment will be made on March 1, 2025.
   These estimated costs are based on 17,000 affected members employed by
 the State of New York, with annual salary of approximately $1.6  billion
 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.
   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 January 25,  2024,  and  intended  for  use  only
 during  the  2024  Legislative  Session,  is  Fiscal  Note  No. 2024-97,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.
 
                                  PART JJ
 
   Section  1.  Subdivisions a and b of section 512 of the retirement and
 social security law, subdivision a as amended by chapter 298 of the laws
 of 2016, and subdivision b as amended by chapter 18 of the laws of 2012,
 are amended to read as follows:
 S. 8305--B                         132
 
   a. A member's final average salary shall be the average  wages  earned
 by  such  a  member during any three consecutive years which provide the
 highest average wage; provided, however, if the wages earned during  any
 year  included  in  the  period  used  to determine final average salary
 exceeds  that  of the average of the previous two years by more than ten
 percent, the amount in excess of ten percent shall be excluded from  the
 computation  of  final  average salary.   [Notwithstanding the preceding
 provisions of this subdivision to the contrary, for a member  who  first
 becomes  a  member of the New York state and local employees' retirement
 system on or after April first, two thousand twelve, or for a  New  York
 city  police/fire  revised  plan  member,  a New York city enhanced plan
 member who receives the ordinary  disability  benefit  provided  for  in
 subdivision c-1 of section five hundred six of this article or the acci-
 dental disability benefit provided for in paragraph three of subdivision
 c  of  section  five  hundred  seven  of  this  article, a New York city
 uniformed correction/sanitation revised plan member or  an  investigator
 revised  plan member, a member's final average salary shall be the aver-
 age wages earned by such a member  during  any  five  consecutive  years
 which  provide the highest average wage; provided, however, if the wages
 earned during any year included in the period used  to  determine  final
 average salary exceeds that of the average of the previous four years by
 more  than  ten  percent,  the  amount in excess of ten percent shall be
 excluded from the computation of final average salary.]  In  determining
 final  average  salary  pursuant  to  any provision of this subdivision,
 where the period used to determine final average salary  is  the  period
 which  immediately  precedes the date of retirement, any month or months
 (not in excess of twelve) which would otherwise be included in computing
 final average salary but during which the member was on authorized leave
 of absence at partial pay or without pay  shall  be  excluded  from  the
 computation  of final average salary and the month or an equal number of
 months immediately preceding such period shall be  substituted  in  lieu
 thereof.
   b.  Notwithstanding  the  provisions of subdivision a of this section,
 with respect to members of the  New  York  state  employees'  retirement
 system [who first become members of the New York state and local employ-
 ees' retirement system before April first, two thousand twelve], the New
 York  state and local police and fire retirement system and the New York
 city teachers' retirement system, a member's final average salary  shall
 be  equal  to  one-third  of  the  highest total wages earned during any
 continuous period of employment for which the member was  credited  with
 three  years  of  service credit; provided, however, if the wages earned
 during any year of credited service included the period used  to  deter-
 mine final average salary exceeds the average of the wages of the previ-
 ous  two  years of credited service by more than ten percent, the amount
 in excess of ten percent shall be excluded from the computation of final
 average salary. [For members who first become a member of the  New  York
 state  and  local  employees' retirement system on or after April first,
 two thousand twelve, with respect to members of the New York  state  and
 local  employees'  retirement  system,  a  member's final average salary
 shall be equal to one-fifth of the highest total wages earned during any
 continuous period of employment for which the member was  credited  with
 five  years  of  service  credit; provided, however, if the wages earned
 during any year of credited service included the period used  to  deter-
 mine final average salary exceeds the average of the wages of the previ-
 ous  four years of credited service by more than ten percent, the amount
 S. 8305--B                         133
 in excess of ten percent shall be excluded from the computation of final
 average salary.]
   §  2. Subdivisions a and b of section 608 of the retirement and social
 security law, as amended by chapter 18 of the laws of 2012, are  amended
 to read as follows:
   a. [For members who first become members of a public retirement system
 of  the  state  before  April  first, two thousand twelve, a] A member's
 final average salary shall be the average wages earned by such a  member
 during  any  three  consecutive  years which provide the highest average
 wage; provided, however, if the wages earned during any year included in
 the period used to determine final average salary exceeds  that  of  the
 average  of  the previous two years by more than ten percent, the amount
 in excess of ten percent shall be excluded from the computation of final
 average salary. [For members who first become members of  the  New  York
 state  and  local  employees'  retirement  system  or the New York state
 teachers' retirement system  on  or  after  April  first,  two  thousand
 twelve,  a  member's  final  average  salary  shall be the average wages
 earned by such member during any five consecutive  years  which  provide
 the  highest average wage; provided, however, if the wages earned during
 any year included in the period used to determine final  average  salary
 exceeds  that of the average of the previous four years by more than ten
 percent, the amount in excess of ten percent shall be excluded from  the
 computation of final average salary.] Where the period used to determine
 final  average  salary is the period which immediately precedes the date
 of retirement, any month or months (not in excess of twelve) which would
 otherwise be included in computing final average salary but during which
 the member was on authorized leave of absence at partial pay or  without
 pay  shall  be excluded from the computation of final average salary and
 the month or an equal number of months immediately preceding such period
 shall be substituted in lieu thereof.
   b. Notwithstanding the provisions of subdivision a  of  this  section,
 with respect to members [who first became members] of the New York state
 and  local  employees' retirement system and the New York city teachers'
 retirement system [before April first, two thousand twelve], a  member's
 final  average  salary  shall be equal to one-third of the highest total
 wages earned by such member during any continuous period  of  employment
 for  which  the  member was credited with three years of service credit;
 provided, however, if the wages  earned  during  any  year  of  credited
 service  included  in  the period used to determine final average salary
 exceeds the average of the wages of the previous two years  of  credited
 service  by  more  than ten percent, the amount in excess of ten percent
 shall be excluded from the computation of final  average  salary.  [With
 respect  to  members  who first become members of the New York state and
 local employees' retirement system  and  the  New  York  city  teachers'
 retirement  system  on  or  after  April  first,  two thousand twelve, a
 member's final average salary shall be equal to one-fifth of the highest
 total wages earned by  such  member  during  any  continuous  period  of
 employment  for which the member was credited with five years of service
 credit; provided, however, if the wages earned during any year of  cred-
 ited  service  included  in  the  period used to determine final average
 salary exceeds the average of the wages of the previous  four  years  of
 credited  service  by more than ten percent, the amount in excess of ten
 percent shall be excluded from the computation of final average salary.]
   § 3. Subparagraph (ii) of paragraph 14 of  subdivision  e  of  section
 13-638.4  of the administrative code of the city of New York, as amended
 by chapter 18 of the laws of 2012, is amended to read as follows:
 S. 8305--B                         134
 
   (ii) Subject to the provisions of subdivision f of this section  where
 those  provisions  are applicable, and notwithstanding the provisions of
 subdivisions a and c of section six hundred eight of  the  RSSL,  for  a
 tier  IV member of NYCERS who is a New York city revised plan member (as
 defined  in  subdivision  m of section six hundred one of the RSSL) or a
 tier IV member of BERS who is a New York city revised plan  member,  the
 term  "final  average  salary",  as used in article fifteen of the RSSL,
 shall be equal to [one-fifth]  ONE-THIRD  of  the  highest  total  wages
 earned  by  such  member  during any continuous period of employment for
 which the member was credited with [five] THREE years of service credit;
 provided that if the wages earned during any year  of  credited  service
 included  in  the  period used to determine final average salary exceeds
 the average of the wages of the previous four years of credited  service
 by  more  than ten percent, the amount in excess of ten percent shall be
 excluded from the computation of final average salary, provided  further
 that  "wages",  as  used  in  this  paragraph, shall mean the applicable
 provisions and limitations of the term "wages", as defined  in  subdivi-
 sion l of section six hundred one of the RSSL.
   §  4. Subdivision a of section 1209 of the retirement and social secu-
 rity law, as amended by chapter 705 of the laws of 2023, is  amended  to
 read as follows:
   a.  For  members  who  first  become members of the New York state and
 local police and fire retirement system on or  after  April  first,  two
 thousand  twelve, a member's final average salary shall be equal to one-
 fifth of the highest total  wages  earned  by  such  member  during  any
 continuous  period  of employment for which the member was credited with
 five years of service credit; provided, however,  if  the  wages  earned
 during  any  year  of  credited  service  included in the period used to
 determine final average salary exceeds the average of the wages  of  the
 previous  four  years  of credited service by more than ten percent, the
 amount in excess of ten percent shall be excluded from  the  computation
 of final average salary.  PROVIDED, HOWEVER, BEGINNING ON OR AFTER APRIL
 FIRST,  TWO  THOUSAND TWENTY-FOUR, A MEMBER'S FINAL AVERAGE SALARY SHALL
 BE EQUAL TO ONE-THIRD OF THE HIGHEST TOTAL WAGES EARNED BY  SUCH  MEMBER
 DURING  ANY  CONTINUOUS  PERIOD  OF  EMPLOYMENT FOR WHICH THE MEMBER WAS
 CREDITED WITH THREE YEARS OF SERVICE CREDIT; PROVIDED, HOWEVER,  IF  THE
 WAGES  EARNED DURING ANY YEAR OF CREDITED SERVICE INCLUDED IN THE PERIOD
 USED TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE  WAGES
 OF  THE PREVIOUS TWO YEARS OF CREDITED SERVICE BY MORE THAN TEN PERCENT,
 THE AMOUNT IN EXCESS OF TEN PERCENT SHALL BE EXCLUDED FROM THE  COMPUTA-
 TION  OF FINAL AVERAGE SALARY. Wages in excess of the annual salary paid
 to the governor pursuant to section three of article four of  the  state
 constitution  shall  be  excluded  from the computation of final average
 salary for members who first become members of the New  York  state  and
 local  police  and  fire  retirement system on or after April first, two
 thousand twelve.
   § 5.  Notwithstanding any other provision of law to the contrary, none
 of the provisions of this act shall be subject  to  section  25  of  the
 retirement and social security law.
   § 6. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would provide Tier 6 members in the New York State and Local
 Retirement  System  a final average salary based on their highest salary
 earned over three consecutive years, where the salary earned in any year
 cannot exceed the average of the previous two years by  more  than  10%.
 Currently,  final  average  salary  for  these members is based on their
 S. 8305--B                         135
 
 highest salary earned over five  consecutive  years,  where  the  salary
 earned  in any year cannot exceed the average of the previous four years
 by more than 10%. The provisions of Section 25  of  the  Retirement  and
 Social Security Law shall not apply.
   Insofar  as  this bill affects the New York State and Local Employees'
 Retirement System (NYSLERS), the increased costs would be shared by  the
 State  of New York and the local participating employers in the NYSLERS.
 If this bill were enacted  during  the  2024  Legislative  Session,  the
 increase  in  the present value of benefits would be approximately $1.17
 billion.
        NYSLERS      Increase in present   Increase in required
                        value benefits         contributions
        Tiers 1 - 5          $0                $220 million
        Tier 6           $1.17 billion         $950 million
        Total            $1.17 billion         $1.17 billion
   In the NYSLERS, this benefit improvement will be funded by  increasing
 the  billing  rates  charged  annually  to  cover both retrospective and
 prospective benefit increases. The annual contribution required  of  all
 participating  employers  in  NYSLERS  is  0.4%  of  billable salary, or
 approximately $51 million to the State of New York and approximately $76
 million to the local participating employers. THIS PERMANENT ANNUAL COST
 WILL INCREASE as Tier 6 salary grows and will  vary  by  employer  based
 upon the plan coverage and salary reported in Tier 6.
   Insofar  as  this bill affects the New York State and Local Police and
 Fire Retirement System (NYSLPFRS), the increased costs would  be  shared
 by  the  State  of New York and the local participating employers in the
 NYSLPFRS. If this bill were enacted during the 2024 Legislative Session,
 the increase in the present value of  benefits  would  be  approximately
 $341 million.
        NYSLPFRS     Increase in present   Increase in required
                        value benefits        contributions
        Tiers 1 - 5           $0                $33 million
        Tier 6           $341 million          $308 million
        Total            $341 million          $341 million
 
   In the NYSLPFRS, this benefit improvement will be funded by increasing
 the  billing  rates  charged  annually  to  cover both retrospective and
 prospective benefit increases. The annual contribution required  of  all
 participating  employers in the NYSLPFRS is 0.70% of billable salary, or
 approximately $6.0 million to the State of New  York  and  approximately
 $25  million to the local participating employers.  THE PERMANENT ANNUAL
 COST WILL INCREASE as Tier 6 salary grows  and  will  vary  by  employer
 based upon the plan coverage and salary reported in Tier 6.
   These  estimated  costs  are  based  on  265,533 Tier 6 members in the
 NYSLERS and 16,599 Tier 6 members in the NYSLPFRS, with annual salary of
 approximately $12 billion and $1.5 billion, respectively,  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
 S. 8305--B                         136
 
 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. 2024-118,
 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 Teacher's Retirement System, this
 bill would amend subdivisions a and b of Section 608 of  the  Retirement
 and Social Security Law to change the definition of final average salary
 for  Tier  6 members to be the same as that for Tier 3, 4 and 5 members.
 The final average salary for Tier 6 members would be based on any  three
 consecutive  years  which produce the highest average salary. Currently,
 the final average salary for Tier 6 members is  based  on  the  salaries
 earned during any five consecutive years which provide the highest aver-
 age  salary. Additionally, under the bill, as in Tier 3, 4 and 5, if the
 salary for any year used in the period exceeds that of  the  average  of
 the  prior two years by more than 10%, the amount in excess of 10% shall
 be excluded from the computation. Currently, under Tier 6, if the salary
 for any year used in the period exceeds that of the average of the prior
 four years by more than 10%, the amount in excess  of  10%  is  excluded
 from the computation.
   The  annual  cost  to  the  employers of members of the New York State
 Teachers' Retirement System for this benefit is estimated  to  be  $23.1
 million or 0.12% of payroll if this bill is enacted.
   The  System's "new entrant rate", a hypothetical employer contribution
 rate that would occur if we started a new Retirement System without  any
 assets, is equal to 5.31% of pay under the current Tier 6 benefit struc-
 ture.  This can be thought of as the long-term expected employer cost of
 Tier 6, based on current actuarial assumptions. For the proposed  change
 to  the  Tier 6 benefit structure under this bill, this new entrant rate
 is estimated to increase to 5.55% of pay, an increase of 0.24% of pay.
   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 state-
 ments and can also be found in the  System's  Annual  Report.  Actuarial
 assumptions and methods are provided in the System's Actuarial Valuation
 Report as of June 30, 2023.
   The  source  of this estimate is Fiscal Note 2024-17 dated February 2,
 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
 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.
 S. 8305--B                         137
 
   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 increase the Final
 Average Salary used to calculate pension benefits for certain Tier 3 and
 Tier 6 members of NYCRS by reducing the number of years included in  the
 average from five years to three years.
 
          EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
           by Fiscal Year for the first 25 years ($ in Millions)
 
   Year    NYCERS   TRS     BERS   POLICE   FIRE   TOTAL
   2025    67.2     56.2    5.7    47.8     19.4   196.3
   2026    63.9     54.9    5.9    44.2     21.3   190.2
   2027    68.0     57.8    6.2    49.2     23.3   204.5
   2028    72.2     60.9    6.5    54.8     25.5   219.9
   2029    76.5     64.2    6.9    60.2     27.8   235.6
   2030    80.8     67.7    7.2    66.0     30.2   251.9
   2031    85.2     71.4    7.6    71.4     32.7   268.3
   2032    89.5     75.4    7.9    76.0     35.3   284.1
   2033    93.9     79.6    8.3    80.5     38.0   300.3
   2034    98.5     84.1    8.7    85.0     40.8   317.1
   2035    103.0    88.9    9.0    89.4     43.7   334.0
   2036    107.6    93.9    9.4    93.8     46.7   351.4
   2037    112.2    99.2    9.8    98.4     49.8   369.4
   2038    116.9    104.8   8.0    103.4    53.1   386.2
   2039    121.7    110.8   8.5    108.5    56.3   405.8
   2040    103.5    116.9   8.9    113.4    59.6   402.3
   2041    108.2    123.3   9.3    107.4    63.0   411.2
   2042    113.0    129.7   9.7    112.3    66.4   431.1
   2043    117.8    136.1   10.2   117.3    64.2   445.6
   2044    122.7    123.8   10.6   122.3    67.6   447.0
   2045    127.6    130.1   11.1   127.4    70.9   467.1
   2046    132.6    136.4   11.5   132.5    74.2   487.2
   2047    137.7    142.5   12.0   137.6    77.4   507.2
   2048    142.9    148.6   12.5   142.9    80.7   527.6
   2049    148.1    154.8   13.0   148.4    83.9   548.2
 
   Employer  Contribution  impact  beyond  Fiscal Year 2049 is not shown.
 Projected contributions include future new hires that may be impacted.
   The initial increase in employer contributions of  $196.3  million  is
 estimated  to  be $163.2 million for New York City and $33.1 million for
 the other obligors of NYCRS.
 
            INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                    as of June 30, 2023 ($ in Millions)
 
 Present Value (PV)             NYCERS  TRS    BERS   POLICE  FIRE
 PV of Benefits:                633.8   666.9  53.3   570.7   279.6
 PV of Employee Contributions:    0.0     0.0   0.0     0.0     0.0
 PV of Employer Contributions:  633.8   666.9  53.3   570.7   279.6
 Unfunded Accrued Liabilities:  207.9   189.6  17.8   105.3    53.8
 
                AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
 S. 8305--B                         138
 
                                NYCERS  TRS    BERS   POLICE  FIRE
 Number of Payments:              15      19     13     16      18
 Fiscal Year of Last Payment:   2039    2043   2037   2040    2042
 Amortization Payment:          22.9 M  18.6 M  2.2 M 10.8 M   5.5 M
 Additional One-time Payment:    7.0 M   4.0 M  0.0 M  7.5 M   0.0 M
 
   Unfunded  Accrued  Liability  (UAL)  increases for active members were
 amortized over the expected remaining working lifetime of those impacted
 by the benefit changes using level dollar payments. UAL attributable  to
 terminated vested members was recognized in the first year.
   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      POLICE    FIRE
 Active Members
 - Number Count:        92,737    60,663    12,932    20,089    5,030
 - Average Age:         42.1      38.1      46.9      32.7      33.5
 - Average Service:     4.6       5.0       4.0       6.1       5.5
 - Average Salary:      80,600    80,000    56,200    107,400   112,400
 Term. Vested Members
 - Number Count:        4,274     3,999     397       887       9
 - Average Age:         41.5      37.9      44.6      34.6      37.6
 
   IMPACT  ON  MEMBER  BENEFITS: Currently, Final Average Salary (FAS) is
 based on a five-year average, with each year's salary limited to 110% of
 the average of the prior four year's salaries for the following groups:
   * Tier 3 and Tier 6 members who joined NYCRS  on  or  after  April  1,
 2012, and
   *  Tier 3 enhanced members of POLICE and FIRE who retire for disabili-
 ty.
   Under the proposed legislation, the FAS  for  such  members  would  be
 based  on  a three-year average, with each year's salary limited to 110%
 of the average of the prior two year's salaries (prior four year's sala-
 ries for NYCERS and BERS).
   The five-year FAS for enhanced disability benefits for Corrections and
 Sanitation members of NYCERS is provided as part of an  agreement  under
 Retirement  and  Social Security Law Article 25 and is assumed to remain
 unchanged by this proposed legislation.
   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:
   * 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.
   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).
 S. 8305--B                         139
 
   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 2024-10 dated February 2,
 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. Short title.  This act shall be known and may be  cited  as
 the  "legislative  oversight  of automated decision-making in government
 act (LOADinG Act)".
   § 2. The state technology law is amended by adding a new article 4  to
 read as follows:
                                 ARTICLE IV
               AUTOMATED DECISION-MAKING IN STATE GOVERNMENT
 SECTION 401. DEFINITIONS.
         402. USE OF AUTOMATED DECISION-MAKING SYSTEMS BY AGENCIES.
         403. IMPACT ASSESSMENTS.
   § 401. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
   1.  "AUTOMATED  DECISION-MAKING  SYSTEM"  SHALL MEAN ANY SOFTWARE THAT
 USES ALGORITHMS, COMPUTATIONAL MODELS, OR ARTIFICIAL INTELLIGENCE  TECH-
 NIQUES, OR A COMBINATION THEREOF, TO AUTOMATE, SUPPORT, OR REPLACE HUMAN
 DECISION-MAKING  AND  SHALL  INCLUDE,  WITHOUT  LIMITATION, SYSTEMS THAT
 PROCESS DATA, AND APPLY PREDEFINED RULES OR MACHINE LEARNING  ALGORITHMS
 TO   ANALYZE  SUCH  DATA,  AND  GENERATE  CONCLUSIONS,  RECOMMENDATIONS,
 OUTCOMES, ASSUMPTIONS, PROJECTIONS, OR  PREDICTIONS  WITHOUT  MEANINGFUL
 HUMAN  REVIEW  AND  DISCRETION. "AUTOMATED DECISION-MAKING SYSTEM" SHALL
 NOT INCLUDE ANY SOFTWARE USED PRIMARILY  FOR  BASIC  COMPUTERIZED  PROC-
 ESSES,  SUCH  AS  CALCULATORS,  SPELLCHECK TOOLS, AUTOCORRECT FUNCTIONS,
 SPREADSHEETS, ELECTRONIC COMMUNICATIONS, OR ANY TOOL THAT  RELATES  ONLY
 TO INTERNAL MANAGEMENT AFFAIRS SUCH AS ORDERING OFFICE SUPPLIES OR PROC-
 ESSING  PAYMENTS,  AND  THAT DO NOT MATERIALLY AFFECT THE RIGHTS, LIBER-
 TIES, BENEFITS, SAFETY OR WELFARE OF ANY INDIVIDUAL WITHIN THE STATE.
   2. "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, PUBLIC AUTHORITY,  BOARD,
 BUREAU,  COMMISSION,  DIVISION, OFFICE, COUNCIL, COMMITTEE OR OFFICER OF
 THE STATE. SUCH TERMS SHALL NOT INCLUDE THE LEGISLATURE OR JUDICIARY.
   3. "PUBLIC ASSISTANCE BENEFIT" SHALL MEAN ANY SERVICE OR PROGRAM WITH-
 IN THE CONTROL OF THE STATE, OR BENEFIT PROVIDED BY THE STATE  TO  INDI-
 VIDUALS  OR  HOUSEHOLDS, INCLUDING BUT NOT LIMITED TO PUBLIC ASSISTANCE,
 CASH ASSISTANCE, GRANTS,  CHILD  CARE  ASSISTANCE,  HOUSING  ASSISTANCE,
 UNEMPLOYMENT  BENEFITS,  TRANSPORTATION  BENEFITS, EDUCATION ASSISTANCE,
 DOMESTIC VIOLENCE SERVICES, AND ANY OTHER ASSISTANCE OR  BENEFIT  WITHIN
 THE  AUTHORITY  OF  THE  STATE TO GRANT TO INDIVIDUALS WITHIN THE STATE.
 THIS SHALL NOT INCLUDE ANY FEDERAL PROGRAM THAT IS ADMINISTERED  BY  THE
 FEDERAL GOVERNMENT OR THE STATE.
   §  402.  USE  OF AUTOMATED DECISION-MAKING SYSTEMS BY AGENCIES. 1. ANY
 STATE AGENCY, OR ANY ENTITY ACTING ON BEHALF OF SUCH  AGENCY,  SHALL  BE
 PROHIBITED FROM, DIRECTLY OR INDIRECTLY, UTILIZING OR APPLYING ANY AUTO-
 S. 8305--B                         140
 
 MATED  DECISION-MAKING  SYSTEM  IN  PERFORMING ANY FUNCTION THAT: (A) IS
 RELATED TO THE DELIVERY OF ANY PUBLIC ASSISTANCE BENEFIT; (B) WILL  HAVE
 A  MATERIAL  IMPACT ON THE RIGHTS, CIVIL LIBERTIES, SAFETY OR WELFARE OF
 ANY  INDIVIDUAL  WITHIN  THE  STATE;  OR  (C) AFFECTS ANY STATUTORILY OR
 CONSTITUTIONALLY PROVIDED RIGHT OF AN INDIVIDUAL; UNLESS  SUCH  UTILIZA-
 TION  OR  APPLICATION OF THE AUTOMATED DECISION-MAKING SYSTEM IS SPECIF-
 ICALLY AUTHORIZED IN LAW.
   2. NO STATE AGENCY SHALL AUTHORIZE ANY PROCUREMENT, PURCHASE OR ACQUI-
 SITION OF ANY SERVICE OR SYSTEM  UTILIZING,  OR  RELYING  ON,  AUTOMATED
 DECISION-MAKING  SYSTEMS  PROHIBITED IN SUBDIVISION ONE OF THIS SECTION,
 EXCEPT WHERE THE USE OF SUCH SYSTEM IS SPECIFICALLY AUTHORIZED IN LAW.
   § 403. IMPACT ASSESSMENTS. 1. NO STATE AGENCY SHALL UTILIZE  OR  APPLY
 ANY  AUTOMATED  DECISION-MAKING  SYSTEM  UNLESS  THE STATE AGENCY, OR AN
 ENTITY ACTING ON BEHALF OF SUCH STATE AGENCY, SHALL  HAVE  CONDUCTED  AN
 IMPACT  ASSESSMENT  FOR  THE APPLICATION AND USE OF SUCH AUTOMATED DECI-
 SION-MAKING SYSTEM. FOLLOWING THE FIRST  IMPACT  ASSESSMENT,  AN  IMPACT
 ASSESSMENT  SHALL  BE CONDUCTED AT LEAST ONCE EVERY TWO YEARS. AN IMPACT
 ASSESSMENT SHALL BE CONDUCTED PRIOR TO ANY MATERIAL CHANGE TO THE  AUTO-
 MATED  DECISION-MAKING  SYSTEM  THAT MAY CHANGE THE OUTCOME OR EFFECT OF
 SUCH SYSTEM.  SUCH IMPACT ASSESSMENTS SHALL INCLUDE:
   (A) A DESCRIPTION OF THE OBJECTIVES OF THE  AUTOMATED  DECISION-MAKING
 SYSTEM;
   (B)  AN  EVALUATION  OF  THE  ABILITY OF THE AUTOMATED DECISION-MAKING
 SYSTEM TO ACHIEVE ITS STATED OBJECTIVES;
   (C) A DESCRIPTION AND EVALUATION OF THE OBJECTIVES AND DEVELOPMENT  OF
 THE AUTOMATED DECISION-MAKING INCLUDING:
   (I)  A  SUMMARY OF THE UNDERLYING ALGORITHMS, COMPUTATIONAL MODES, AND
 ARTIFICIAL INTELLIGENCE TOOLS THAT ARE USED WITHIN THE  AUTOMATED  DECI-
 SION-MAKING SYSTEM; AND
   (II)  THE DESIGN AND TRAINING DATA USED TO DEVELOP THE AUTOMATED DECI-
 SION-MAKING SYSTEM PROCESS;
   (D) TESTING FOR:
   (I) ACCURACY, FAIRNESS, BIAS AND DISCRIMINATION, AND AN ASSESSMENT  OF
 WHETHER THE USE OF THE AUTOMATED DECISION-MAKING SYSTEM PRODUCES DISCRI-
 MINATORY  RESULTS  ON THE BASIS OF A CONSUMER'S OR A CLASS OF CONSUMERS'
 ACTUAL OR PERCEIVED RACE, COLOR, ETHNICITY, RELIGION,  NATIONAL  ORIGIN,
 SEX, GENDER, GENDER IDENTITY, SEXUAL ORIENTATION, FAMILIAL STATUS, BIOM-
 ETRIC  INFORMATION,  LAWFUL SOURCE OF INCOME, OR DISABILITY AND OUTLINES
 MITIGATIONS FOR  ANY  IDENTIFIED  PERFORMANCE  DIFFERENCES  IN  OUTCOMES
 ACROSS RELEVANT GROUPS IMPACTED BY SUCH USE;
   (II)  ANY  CYBERSECURITY  VULNERABILITIES  AND PRIVACY RISKS RESULTING
 FROM THE DEPLOYMENT AND USE OF THE AUTOMATED DECISION-MAKING SYSTEM, AND
 THE DEVELOPMENT OR EXISTENCE OF SAFEGUARDS TO MITIGATE THE RISKS;
   (III) ANY PUBLIC HEALTH OR SAFETY RISKS RESULTING FROM THE  DEPLOYMENT
 AND USE OF THE AUTOMATED DECISION-MAKING SYSTEM;
   (IV)  ANY REASONABLY FORESEEABLE MISUSE OF THE AUTOMATED DECISION-MAK-
 ING SYSTEM AND THE DEVELOPMENT OR EXISTENCE OF SAFEGUARDS  AGAINST  SUCH
 MISUSE;
   (E)  THE EXTENT TO WHICH THE DEPLOYMENT AND USE OF THE AUTOMATED DECI-
 SION-MAKING SYSTEM REQUIRES INPUT OF SENSITIVE AND  PERSONAL  DATA,  HOW
 THAT  DATA IS USED AND STORED, AND ANY CONTROL USERS MAY HAVE OVER THEIR
 DATA; AND
   (F) THE NOTIFICATION MECHANISM OR PROCEDURE, IF ANY, BY WHICH INDIVID-
 UALS IMPACTED BY THE UTILIZATION OF THE AUTOMATED DECISION-MAKING SYSTEM
 MAY BE NOTIFIED OF THE USE OF SUCH AUTOMATED DECISION-MAKING SYSTEM  AND
 S. 8305--B                         141
 
 OF  THE  INDIVIDUAL'S  PERSONAL  DATA,  AND INFORMED OF THEIR RIGHTS AND
 OPTIONS RELATING TO SUCH USE.
   2. NOTWITHSTANDING THE PROVISIONS OF THIS ARTICLE OR ANY OTHER LAW, IF
 AN  IMPACT  ASSESSMENT  FINDS  THAT THE AUTOMATED DECISION-MAKING SYSTEM
 PRODUCES DISCRIMINATORY OR BIASED OUTCOMES, THE STATE AGENCY SHALL CEASE
 ANY UTILIZATION, APPLICATION, OR FUNCTION OF  SUCH  AUTOMATED  DECISION-
 MAKING SYSTEM, AND OF ANY INFORMATION PRODUCED USING SUCH SYSTEM.
   3.  ANY IMPACT ASSESSMENT CONDUCTED PURSUANT TO THIS SUBDIVISION SHALL
 BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE SPEAKER OF THE ASSEMBLY AT LEAST THIRTY DAYS PRIOR TO THE  IMPLEMEN-
 TATION  OF  THE  AUTOMATED DECISION-MAKING SYSTEM THAT IS THE SUBJECT OF
 SUCH ASSESSMENT. THE IMPACT STATEMENT OF  AN  AUTOMATED  DECISION-MAKING
 SYSTEM  THAT IS APPROVED AND UTILIZED, SHALL BE PUBLISHED ON THE WEBSITE
 OF THE RELEVANT AGENCY. IF THE STATE AGENCY MAKES A  DETERMINATION  THAT
 THE  DISCLOSURE  OF  ANY  INFORMATION  REQUIRED IN THE IMPACT ASSESSMENT
 WOULD RESULT IN A SUBSTANTIAL NEGATIVE IMPACT ON HEALTH OR SAFETY OF THE
 PUBLIC, INFRINGE UPON THE PRIVACY RIGHTS OF INDIVIDUALS, OR SIGNIFICANT-
 LY IMPAIR THE STATE AGENCY'S ABILITY TO PROTECT ITS INFORMATION TECHNOL-
 OGY OR OPERATIONAL ASSETS, IT MAY REDACT SUCH INFORMATION, PROVIDED THAT
 AN EXPLANATORY STATEMENT ON THE PROCESS BY WHICH THE STATE  AGENCY  MADE
 SUCH  DETERMINATION  IS PUBLISHED ALONG WITH THE REDACTED IMPACT ASSESS-
 MENT.
   § 3. Disclosure of existing  automated  decision-making  systems.  Any
 state  agency,  that directly or indirectly, utilizes an automated deci-
 sion-making system, as defined in section 401 of  the  state  technology
 law,  shall  submit  to  the legislature a disclosure on the use of such
 system, no later than one year after the effective date of this section.
 Such disclosure shall include:
   (a) a description of the automated decision-making system utilized  by
 such agency;
   (b)  a  list  of  any software vendors related to such automated deci-
 sion-making system;
   (c) the date that the use of such system began;
   (d) a summary of the purpose and  use  of  such  system,  including  a
 description   of  human  decision-making  and  discretion  supported  or
 replaced by the automated decision-making system;
   (e) whether any impact assessments for the  automated  decision-making
 system were conducted and the dates and summaries of the results of such
 assessments where applicable; and
   (f) any other information deemed relevant by the agency.
   §  4.  Section  101 of the state technology law is amended by adding a
 new subdivision 6 to read as follows:
   6. "ARTIFICIAL INTELLIGENCE" OR "AI" SHALL MEAN: (A)  A  MACHINE-BASED
 SYSTEM THAT OPERATES WITH VARYING LEVELS OF AUTONOMY AND THAT MAY EXHIB-
 IT  ADAPTIVENESS  AFTER  DEPLOYMENT  AND  THAT, FOR EXPLICIT OR IMPLICIT
 OBJECTIVES, INFERS, FROM THE INPUT THE SYSTEM RECEIVES, HOW TO  GENERATE
 OUTPUTS SUCH AS PREDICTIONS, CONTENT, RECOMMENDATIONS, OR DECISIONS THAT
 MAY  INFLUENCE  PHYSICAL  OR VIRTUAL ENVIRONMENTS. THIS INCLUDES, BUT IS
 NOT LIMITED TO, SYSTEMS, APPLICATIONS, SOFTWARE, OR DEVICES DESIGNED TO:
   (I) SENSE, INTERPRET, PROCESS, ANALYZE, OR OTHERWISE COMPREHEND  DATA,
 TEXT,  SPEECH,  VOICE,  IMAGES,  VIDEO, SENSOR INPUTS, OR OTHER FORMS OF
 INFORMATION FROM THE PHYSICAL AND VIRTUAL WORLD.
   (II) ABSTRACT CONCEPTS, DETECT  PATTERNS,  EXTRACT  FEATURES,  DEVELOP
 EXPLANATORY AND PREDICTIVE DATA MODELS, OR OTHERWISE DERIVE HIGHER-ORDER
 INSIGHTS THROUGH ANALYSIS OF DATA AND INFORMATION.
 S. 8305--B                         142
 
   (III)  APPLY  REASONING,  DECISION  LOGIC,  KNOWLEDGE  REPRESENTATION,
 PREDICTION MODELS,  DATA  MODEL  INFERENCES,  OR  OTHER  STRUCTURED  AND
 UNSTRUCTURED  TECHNIQUES AND CAPABILITIES TO GENERATE OPTIONS, RECOMMEN-
 DATIONS,  FORECASTS,  DETERMINATIONS,  CONCLUSIONS,  ACTIONS,  OR  OTHER
 OUTPUTS THAT INFLUENCE PHYSICAL OR VIRTUAL ENVIRONMENTS, SYSTEMS, APPLI-
 CATIONS, DEVICES, OR DECISION-MAKING.
   (IV)   OPERATE  AUTONOMOUSLY  ONCE  DEPLOYED,  REGARDLESS  OF  WHETHER
 DESIGNED TO ALLOW HUMAN MONITORING, OVERSIGHT,  INTERVENTION,  OR  OVER-
 RIDE.
   (B)  THIS DEFINITION SHALL NOT INCLUDE ANY SOFTWARE USED PRIMARILY FOR
 BASIC COMPUTERIZED PROCESSES, SUCH AS CALCULATORS,  SPELL  CHECK  TOOLS,
 AUTOCORRECT  FUNCTIONS,  SPREADSHEETS, ELECTRONIC COMMUNICATIONS, OR ANY
 TOOL THAT RELATES ONLY TO INTERNAL MANAGEMENT AFFAIRS SUCH  AS  ORDERING
 OFFICE  SUPPLIES  OR  PROCESSING  PAYMENTS,  AND  THAT DO NOT MATERIALLY
 AFFECT THE RIGHTS, LIBERTIES, SAFETY OR WELFARE OF ANY HUMAN.
   § 5. The state technology law is amended by adding a new section 102-a
 to read as follows:
   § 102-A. CHIEF ARTIFICIAL INTELLIGENCE OFFICER; FUNCTIONS, POWERS  AND
 DUTIES. 1. THERE IS HEREBY ESTABLISHED THE OFFICE OF ARTIFICIAL INTELLI-
 GENCE  WITHIN  THE  OFFICE.  THE  HEAD OF SUCH OFFICE SHALL BE THE CHIEF
 ARTIFICIAL INTELLIGENCE OFFICER AND SHALL BE APPOINTED BY  THE  GOVERNOR
 WITH THE ADVICE AND CONSENT OF THE SENATE. THE CHIEF ARTIFICIAL INTELLI-
 GENCE  OFFICER  SHALL  BE  IN  SOLE  CHARGE OF THE ADMINISTRATION OF THE
 OFFICE, AND SHALL REPORT TO THE EXECUTIVE DEPARTMENT. THE CHIEF  ARTIFI-
 CIAL INTELLIGENCE OFFICER SHALL BE DESIGNATED AS MANAGEMENT CONFIDENTIAL
 IN  THE  NONCOMPETITIVE  CLASS IN ACCORDANCE WITH THE CIVIL SERVICE LAW.
 THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER SHALL HAVE EXPERTISE IN  ARTI-
 FICIAL INTELLIGENCE, DATA PRIVACY, AND THE TECHNOLOGY INDUSTRY.
   2.  THE  OFFICE  OF  ARTIFICIAL  INTELLIGENCE SHALL HAVE THE FOLLOWING
 FUNCTIONS, POWERS AND DUTIES:
   (A) DEVELOP STATEWIDE ARTIFICIAL INTELLIGENCE POLICIES AND GOVERNANCE,
 INCLUDING BUT NOT LIMITED TO:
   (I) DEVELOPING AND UPDATING STATE POLICY AND GUIDELINES  ON  THE  USE,
 PROCUREMENT, DEVELOPMENT, AND DEPLOYMENT OF ARTIFICIAL INTELLIGENCE IN A
 MANNER CONSISTENT WITH STATE LAWS;
   (II)  DEVELOPING  AND  UPDATING  A  HANDBOOK REGARDING THE USE, STUDY,
 DEVELOPMENT, EVALUATION, AND PROCUREMENT OF SYSTEMS THAT USE  ARTIFICIAL
 INTELLIGENCE,  IN  A  MANNER CONSISTENT WITH STATE AND FEDERAL LAWS, AND
 NATIONAL AND INTERNATIONAL STANDARDS FOR USE BY THE STATE'S DEPARTMENTS,
 BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES;
   (III) DEVELOPING A RISK  MANAGEMENT  PLAN,  INCLUDING  PROCEDURES  FOR
 ASSESSING  AND  CLASSIFYING  RISK LEVELS, INCLUDING, BUT NOT LIMITED TO,
 PERTAINING TO THE OPERATIONS OF THE STATE, DATA  SECURITY  AND  PRIVACY,
 AND  THE  RIGHTS,  LIBERTIES, SAFETY AND WELFARE OF ANY HUMAN FOR USE OF
 ARTIFICIAL INTELLIGENCE AND AUTOMATED  DECISION-MAKING  SYSTEMS  BY  THE
 STATE'S DEPARTMENTS, BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES; AND
   (IV) SETTING GOVERNANCE STANDARDS FOR OVERSIGHT OF ARTIFICIAL INTELLI-
 GENCE  AND  AUTOMATED SYSTEMS, AND DETERMINING RESOURCE REQUIREMENTS FOR
 RESPONSIBLE ADOPTION, INCLUDING,  BUT  NOT  LIMITED  TO  DEVELOPING  AND
 DEPLOYING  EMPLOYEE  TRAINING  PROGRAMS  FOR SAFE AND RESPONSIBLE USE OF
 ARTIFICIAL INTELLIGENCE; AND
   (V) ENSURING PUBLIC ACCESS REQUIREMENTS ARE ESTABLISHED FOR THE PUBLI-
 CATION OF INFORMATION RELATED TO EACH STATE AGENCY USE OF THE  AUTOMATED
 SYSTEMS AND ARTIFICIAL INTELLIGENCE.
 S. 8305--B                         143
 
   (B)  COORDINATE  THE  ACTIVITIES  OF  ANY  AND  ALL STATE DEPARTMENTS,
 BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES PERFORMING  ANY  FUNCTIONS
 USING ARTIFICIAL INTELLIGENCE TOOLS.
   (C)  COORDINATE  AND TRACK STATE DEPARTMENT, BOARD, COMMISSION, AGENCY
 AND AUTHORITY PROCUREMENT AND PLANNING IN STATE PROGRAMS.
   (D) INVESTIGATE AND ASSESS WHAT RESOURCES, MONETARY OR  OTHERWISE,  IF
 ANY,  A  DEPARTMENT,  BOARD, COMMISSION, AUTHORITY OR AGENCY REQUIRES TO
 ADAPT TO THE CHANGES THAT ARTIFICIAL  INTELLIGENCE  WILL  BRING  TO  THE
 REGULATORY  LANDSCAPE  AND  TO  ADEQUATELY  ADOPT AND OVERSEE THE USE OF
 ARTIFICIAL INTELLIGENCE ACROSS ITS OPERATIONS.
   (E) PROVIDE GUIDANCE TO GOVERNMENTAL ENTITIES IN DEVELOPING, DESIGNING
 AND DEPLOYING STANDARDS, MISSION, REGULATIONS,  INVESTMENTS,  PRACTICES,
 SYSTEMS  PERTAINING  TO  THE  USE OF ARTIFICIAL INTELLIGENCE TOOLS, IN A
 MANNER THAT PROTECTS THE RIGHTS AND SAFETY OF INDIVIDUALS, INCLUDING BUT
 NOT LIMITED TO EMPLOYEE TRAINING, PROTECTING PRIVACY AND DATA  SECURITY,
 SAFEGUARDING  AGAINST  DISCRIMINATION  BASED ON RACE, GENDER, ETHNICITY,
 RELIGION, DISABILITY, SEXUAL ORIENTATION, OR SOCIOECONOMIC STATUS, MITI-
 GATING RISKS OF MISINFORMATION AND MANIPULATION, AND IMPACT ON THE HUMAN
 WORKFORCE.
   (F) RECOMMEND THE REPLACEMENT, DISCONNECTION OR  DEACTIVATION  OF  ANY
 APPLICATION  THAT UTILIZES ARTIFICIAL INTELLIGENCE AND THAT DEMONSTRATES
 THAT DEPLOYMENT AND USE IS INCONSISTENT WITH PROVISIONS  OF  LAW  OR  IS
 OTHERWISE  HARMFUL  TO  THE  OPERATIONS  OF THE STATE, DATA SECURITY AND
 PRIVACY, OR THE RIGHTS, LIBERTIES, SAFETY, AND WELFARE OF ANY HUMAN.
   (G) STUDY THE IMPLICATIONS OF THE USAGE OF ARTIFICIAL INTELLIGENCE FOR
 DATA COLLECTION TO INFORM TESTING AND EVALUATION, VERIFICATION AND VALI-
 DATION OF ARTIFICIAL INTELLIGENCE TO ENSURE THAT ARTIFICIAL INTELLIGENCE
 WILL PERFORM AS INTENDED, INCLUDING WHEN  INTERACTING  WITH  HUMANS  AND
 OTHER  SYSTEMS,  DEVELOP  COMMON  METRICS TO ASSESS TRUSTWORTHINESS THAT
 ARTIFICIAL INTELLIGENCE SYSTEMS WILL PERFORM AS INTENDED,  AND  MINIMIZE
 PERFORMANCE  PROBLEMS  AND UNANTICIPATED OUTCOMES, PROTECT AGAINST RISKS
 TO DATA SECURITY AND PRIVACY, AND ADDRESS THE POSSIBILITY OF INTENTIONAL
 MISUSE OF AN ARTIFICIAL INTELLIGENCE SYSTEM.
   (H) SUBMIT A REPORT ANNUALLY TO THE TEMPORARY PRESIDENT OF THE  SENATE
 AND  THE  SPEAKER  OF  THE  ASSEMBLY  ON PROGRESS, FINDINGS, STUDIES AND
 RECOMMENDATIONS REGARDING THE USE  OF  ARTIFICIAL  INTELLIGENCE  IN  THE
 VARIOUS  GOVERNMENT  AGENCIES.  SUCH  REPORT SHALL ALSO BE MADE PUBLICLY
 AVAILABLE ON THE OFFICE OF INFORMATION  TECHNOLOGY  WEBSITE.  WHERE  THE
 CHIEF  ARTIFICIAL  INTELLIGENCE  OFFICER MAKES A DETERMINATION THAT SUCH
 DISCLOSURE WOULD RESULT IN A SUBSTANTIAL NEGATIVE IMPACT  ON  HEALTH  OR
 SAFETY  OF  THE PUBLIC, INFRINGE UPON THE PRIVACY RIGHTS OF INDIVIDUALS,
 OR SIGNIFICANTLY IMPAIR THE STATE'S ABILITY TO PROTECT  ITS  INFORMATION
 TECHNOLOGY  OR  OPERATIONAL ASSETS, THE OFFICER MAY REDACT SUCH INFORMA-
 TION, PROVIDED AN EXPLANATORY STATEMENT BY WHICH SUCH DETERMINATION  WAS
 MADE IS PUBLISHED ALONG WITH THE REDACTED REPORT. THE PROVISIONS OF THIS
 SUBDIVISION  SHALL  NOT BE DEEMED TO REQUIRE OR AUTHORIZE THE DISCLOSURE
 OF CONFIDENTIAL INFORMATION OR TRADE SECRETS.
   (I) INVESTIGATE AND CONDUCT PERIODIC AUDITS ANY DEPARTMENT'S, BOARD'S,
 COMMISSION'S, AGENCY'S OR AUTHORITY'S  USE  OF  ARTIFICIAL  INTELLIGENCE
 TOOLS TO ENSURE:
   (I)  DEPARTMENTS, BOARDS, COMMISSIONS, AGENCIES AND AUTHORITIES DEVEL-
 OP, ACQUIRE AND USE AUTOMATED SYSTEMS THAT COMPLY WITH THE CONSTITUTION,
 STATE AND FEDERAL LAWS;
   (II) ENSURE THAT ANY BENEFIT A DEPARTMENT, BOARD,  COMMISSION,  AGENCY
 OR AUTHORITY RECEIVES BY USING AN AUTOMATED SYSTEM OUTWEIGHS ANY RISK IN
 USING THAT AUTOMATED SYSTEM;
 S. 8305--B                         144
   (III)  ENSURE  THAT  EACH  AUTOMATED  SYSTEM  IS SECURE, PROTECTED AND
 RESISTANT TO CIRCUMSTANCES IN WHICH  THAT  AUTOMATED  SYSTEM  FACES  ANY
 SYSTEMATIC VULNERABILITY, MANIPULATION OR MALICIOUS EXPLOITATION; AND
   (IV)  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED AS RESTRICTING THE
 ARTIFICIAL INTELLIGENCE OFFICER'S OR ANY  STATE  DEPARTMENT'S,  BOARD'S,
 COMMISSION'S, AUTHORITY'S OR AGENCY'S ACCESS TO:
   (1)  CONDUCT ANY INTERNAL INVESTIGATION AIMED AT DEVELOPING, IMPROVING
 OR REPAIRING ANY PRODUCT, SERVICE OR TECHNOLOGY,
   (2) PREVENT, DETECT, PROTECT,  RESPOND,  INVESTIGATE,  REPORT  TO  ANY
 PERSON  RESPONSIBLE  FOR  ANY  SECURITY INCIDENT, IDENTITY THEFT, FRAUD,
 HARASSMENT, MALICIOUS OR MISLEADING ACTIVITY OR ILLEGAL ACTIVITY, OR
   (3) PRESERVE THE INTEGRITY OR SECURITY OF ANY SYSTEM.
   3. TO EFFECTUATE THE PURPOSES OF THIS SECTION,  THE  CHIEF  ARTIFICIAL
 INTELLIGENCE  OFFICER MAY REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVI-
 SION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY  OF  THE  STATE  OR  ANY
 POLITICAL  SUBDIVISION  THEREOF OR ANY PUBLIC AUTHORITY, STAFF AND OTHER
 ASSISTANCE, INFORMATION, AND RESOURCES AS  WILL  ENABLE  THE  OFFICE  OF
 ARTIFICIAL  INTELLIGENCE TO PROPERLY CARRY OUT ITS FUNCTIONS, POWERS AND
 DUTIES.
   § 6. The state technology law is amended by adding a new section 104-a
 to read as follows:
   § 104-A. ADVISORY COMMITTEE FOR STATE ARTIFICIAL INTELLIGENCE  POLICY.
 1.  THERE IS HEREBY CREATED IN THE DIVISION OF BROADBAND ACCESS AN ADVI-
 SORY COMMITTEE FOR STATE ARTIFICIAL INTELLIGENCE POLICY. THE CHIEF ARTI-
 FICIAL INTELLIGENCE OFFICER SHALL SERVE AS CHAIR OF THE  COMMITTEE.  THE
 COMMITTEE  SHALL  BE  COMPOSED  OF A MINIMUM OF SEVEN REPRESENTATIVES OR
 THEIR EQUIVALENT SELECTED FROM  STATE  AGENCIES  AND  APPOINTED  BY  THE
 GOVERNOR,  PROVIDED THAT NO MORE THAN ONE MEMBER SHALL BE APPOINTED FROM
 A SINGLE AGENCY, AND PROVIDED FURTHER THAT THE DIRECTOR SHALL  SERVE  AS
 AN  EX-OFFICIO MEMBER OF THE COMMITTEE. IN ADDITION, ONE MEMBER SHALL BE
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE BY THE TEMPORARY PRESIDENT
 OF THE SENATE, AND TWO MEMBERS TO BE APPOINTED BY THE  GOVERNOR  AT  THE
 RECOMMENDATION  OF THE TWO LARGEST ORGANIZATIONS IN THE STATE REPRESENT-
 ING MUNICIPAL LEADERSHIP.
   2. ALL MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE AT  THE  PLEASURE
 OF  THEIR  APPOINTING  AUTHORITY.  THE  MEMBERS  OF  THE COMMITTEE SHALL
 RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE  ALLOWED  THEIR
 ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE PERFORMANCE OF THEIR
 DUTIES.
   3. NO MEMBER OF THE ADVISORY  COMMITTEE  SHALL  BE  DISQUALIFIED  FROM
 HOLDING  ANY  OTHER PUBLIC OFFICE, NOR FORFEIT ANY SUCH OFFICE BY REASON
 OF APPOINTMENT HEREUNDER, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,
 SPECIAL OR LOCAL LAW, ORDINANCE OR CITY CHARTER, PROVIDED  HOWEVER  THAT
 MEMBERS APPOINTED BY THE GOVERNOR, SPEAKER OF THE ASSEMBLY, OR TEMPORARY
 PRESIDENT  OF  THE SENATE SHALL BE CONSIDERED STATE OFFICERS AND SUBJECT
 TO THE PROVISIONS OF PARAGRAPH  (A)  OF  SUBDIVISION  EIGHT  OF  SECTION
 SEVENTY-THREE OF THE PUBLIC OFFICERS LAW.
   4. THE ADVISORY COMMITTEE SHALL, AT MINIMUM, MEET TWICE IN EACH CALEN-
 DAR  YEAR,  PROVIDED  THAT ADDITIONAL MEETINGS OF THE ADVISORY COMMITTEE
 MAY BE CALLED BY THE CHAIRPERSON AT ANY TIME.
   5. THE ADVISORY COMMITTEE SHALL:
   (A) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON BEST PRACTICES
 FOR THE USE OF ARTIFICIAL INTELLIGENCE AND AUTOMATED  SYSTEMS  IN  AGEN-
 CIES;
   (B)  ADVISE  THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON STATE POLICY
 FOR ARTIFICIAL INTELLIGENCE AND AUTOMATED SYSTEMS;
 S. 8305--B                         145
   (C) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER  ON  THE  CURRENT
 STATE OF THE STATE IN RELATION TO COMPETITIVENESS IN ARTIFICIAL INTELLI-
 GENCE,  INCLUDING THE SCOPE AND SCALE OF NEW YORK'S INVESTMENTS IN ARTI-
 FICIAL INTELLIGENCE RESEARCH AND DEVELOPMENT;
   (D)  ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON IMPROVING THE
 WORKFORCE, INCLUDING USE IN TRAINING, EDUCATION AND WORKER ASSISTANCE IN
 RELATION TO THE USE OF ARTIFICIAL INTELLIGENCE;
   (E) ADVISE THE CHIEF ARTIFICIAL  INTELLIGENCE  OFFICER  ON  LEVERAGING
 LOCAL  RESOURCES  TO OPTIMIZE AND IMPROVE OPERATIONS IN VARIOUS AREAS OF
 GOVERNMENT OPERATIONS, INCLUDING BUT NOT LIMITED  TO  MEDICAL  SERVICES,
 CYBER SECURITY, INFRASTRUCTURE, AND RECOVERY FROM NATURAL DISASTERS;
   (F)  ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON OPPORTUNITIES
 FOR LOCAL, REGIONAL, INTERSTATE, FEDERAL, AND INTERNATIONAL  COOPERATION
 IN  ARTIFICIAL  INTELLIGENCE  RESEARCH ACTIVITIES, STANDARDS DEVELOPMENT
 AND REGULATIONS;
   (G) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON STRATEGIES  TO
 PREVENT  AND  MITIGATE  ARTIFICIAL  INTELLIGENCE-ASSISTED MISINFORMATION
 CAMPAIGNS AND THE POTENTIALLY HARMFUL  EFFECTS  OF  ARTIFICIAL  INTELLI-
 GENCE;
   (H)  ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON HOW THE STATE
 CAN LEVERAGE THE SUBSTANTIAL AND GROWING EXPERTISE OF THE EMERGING TECH-
 NOLOGIES, SUCH AS ARTIFICIAL INTELLIGENCE, IN THE LONG-TERM  DEVELOPMENT
 OF PUBLIC POLICIES THAT AFFECT THE PRIVACY, RIGHTS, AND THE USE OF ARTI-
 FICIAL INTELLIGENCE ONLINE;
   (I) ADVISE THE CHIEF ARTIFICIAL INTELLIGENCE OFFICER ON STRATEGIES FOR
 THE  DEVELOPMENT OF INTER-GOVERNMENTAL COOPERATION AMONG AGENCIES OF THE
 FEDERAL, STATE, AND LOCAL GOVERNMENTS AND COOPERATION; AND
   (J) MAKE PERIODIC RECOMMENDATIONS TO THE LEGISLATURE ON LEGISLATIVE OR
 REGULATORY CHANGES.
   § 7. Subdivisions 2 and 3 of section 102 of the state technology  law,
 as added by chapter 430 of the laws of 1997 and as renumbered by chapter
 437 of the laws of 2004, are amended to read as follows:
   2.  The  head  of  the office shall be the director of the office, who
 shall serve as the chief technology officer for the state  of  New  York
 and shall be designated as management confidential in the noncompetitive
 class  in  accordance  with the civil service law. The director shall be
 the chief executive officer of and in sole charge of the  administration
 of  the  office,  WITH  EXCEPTION  TO THE OFFICE ESTABLISHED PURSUANT TO
 SECTION ONE HUNDRED TWO-A OF THIS ARTICLE AND THE COMMITTEE  ESTABLISHED
 PURSUANT  TO  SECTION  ONE HUNDRED FOUR-A OF THIS ARTICLE.  The director
 shall be entitled to receive reimbursement  for  expenses  actually  and
 necessarily incurred by [him or her] SUCH DIRECTOR in the performance of
 [his or her] SUCH DIRECTOR'S duties.
   3.  The director may, from time to time, create, abolish, transfer and
 consolidate bureaus and other units  within  the  office  not  expressly
 established  by law as [he or she] SUCH DIRECTOR may determine necessary
 for the efficient operation of the office, subject to  the  approval  of
 the  director  of  the  budget, WITH EXCEPTION TO THE OFFICE ESTABLISHED
 PURSUANT TO SECTION ONE HUNDRED TWO-A OF THIS ARTICLE AND THE  COMMITTEE
 ESTABLISHED PURSUANT TO SECTION ONE HUNDRED FOUR-A OF THIS ARTICLE.
   §  8.  This  act shall take effect on the ninetieth day after it shall
 have become a law, provided that section two  of  this  act  shall  take
 effect one year after it shall have become a law.
 
                                  PART LL
 S. 8305--B                         146
 
   Section  1.  1.  New  York state aid and incentives for municipalities
 redesign task force. There is hereby created the aid and incentives  for
 municipalities  redesign  task force whose membership shall consist of 7
 members: the director of the division of the budget or  such  director's
 designee  as  chair; the comptroller or such comptroller's designee; the
 executive director of the New York State Conference of  Mayors  or  such
 director's  designee; the executive director of the New York State Asso-
 ciation of Counties or such director's designee; the executive  director
 of  the New York State Association of Towns or such director's designee;
 one member appointed by the temporary president of the senate;  and  one
 member  appointed  by the speaker of the assembly.  The task force shall
 report to the governor, the speaker of the assembly  and  the  temporary
 president  of the senate no later than one year after the effective date
 of this act.  Such report shall include, but not be limited to:
   (a) A review and analysis of the current aid and incentives for  muni-
 cipalities formula and allocations;
   (b)  An  analysis  of  available  alternatives  to the current aid and
 incentives for municipalities formula and allocations, including  models
 from  other  states;  provided  however,  that  such  alternatives shall
 include the allocation  of  funds  to  any  municipality  which  is  not
 currently receiving aid and incentives for municipalities funding;
   (c)  Recommendations  concerning such alternatives to the formula used
 to determine future aid and incentives to municipalities  funding  allo-
 cations;  provided  however, that such recommendations shall include the
 allocation of funds to any municipality which is not currently receiving
 aid and incentives for municipalities funding; and
   (d) Any other information the task force deems necessary or relevant.
   2. All appointments to the task force shall  be  made  no  later  than
 sixty  days  after  the effective date of this act. Any vacancy shall be
 filled by the  appointing  authority.  The  task  force  shall  meet  as
 frequently  as  it  deems  necessary  prior  to issuing its findings and
 recommendations. The members of  the  task  force  shall  serve  without
 compensation,  except  that members shall be allowed their necessary and
 actual expenses incurred in the performance of their duties  under  this
 section.  The department of taxation and finance and the division of the
 budget shall provide the task force with such data as the task force may
 request  to  carry out its powers and duties. To the extent practicable,
 such data shall be provided in a format in accordance with the standards
 outlined in the New York State Open Data Handbook pursuant to  executive
 order 95 of the laws of 2013. The task force may consult with any public
 or  private  entity it deems necessary in order to assist the task force
 with information gathering, analysis, and  formulating  its  conclusions
 and recommendations.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2025.
 
                                  PART MM
 
   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
 S. 8305--B                         147
 
 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.
   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 NN
 S. 8305--B                         148
 
   Section 1. Subdivision a of section 503 of the retirement  and  social
 security  law,  as amended by chapter 18 of the laws of 2012, is amended
 to read as follows:
   a.  The  normal  service  retirement benefit specified in section five
 hundred four of this article shall be payable to general members,  other
 than  elective  members,  who  have met the minimum service requirements
 upon retirement and attainment of age sixty-two,  provided,  however,  a
 general  member  who  is  a  peace officer employed by the unified court
 system or a member of a teachers' retirement system may  retire  without
 reduction  of  his or her retirement benefit upon attainment of at least
 fifty-five years of age and  completion  of  thirty  or  more  years  of
 service.  For members who become members of the New York state and local
 employees' retirement system on  or  after  April  first,  two  thousand
 twelve, the normal service retirement benefits specified in section five
 hundred  four of this article shall be payable to general members, other
 than elective members, who have met  the  minimum  service  requirements
 upon  retirement  and  attainment  of  age sixty-three; PROVIDED THAT, A
 MEMBER WHO IS A PEACE OFFICER EMPLOYED BY THE UNIFIED COURT  SYSTEM  MAY
 RETIRE  WITHOUT  REDUCTION OF HIS OR HER RETIREMENT BENEFIT UPON ATTAIN-
 MENT OF AT LEAST FIFTY-FIVE YEARS OF AGE AND  COMPLETION  OF  THIRTY  OR
 MORE YEARS OF SERVICE.
   §  2.  Subdivisions  a  and  a-1  of section 603 of the retirement and
 social security law, subdivision a as amended  and  subdivision  a-1  as
 added by chapter 18 of the laws of 2012, are 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, 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  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 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.
   a-1.  For  members  who  first  become a member of a public retirement
 system of the state on or after April first, two thousand twelve, EXCEPT
 S. 8305--B                         149
 
 FOR UNIFORMED COURT OFFICERS OR PEACE OFFICERS EMPLOYED BY  THE  UNIFIED
 COURT  SYSTEM,  the  service retirement benefit specified in section six
 hundred four of this article shall be payable to members  who  have  met
 the  minimum  service requirements upon retirement and have attained age
 sixty-three.
   § 3. Subdivisions a and b-1 of  section  604  of  the  retirement  and
 social  security  law,  subdivision  a as amended and subdivision b-1 as
 added by chapter 18 of the laws of 2012, are amended to read as follows:
   a. The service retirement benefit  at  normal  retirement  age  for  a
 member  with  less  than  twenty years of credited service, or less than
 twenty-five years credited service for a member who joins the  New  York
 state  teachers'  retirement system on or after January first, two thou-
 sand ten, shall be a retirement allowance equal to one-sixtieth of final
 average salary times years of credited service.  Normal  retirement  age
 for  members  who  first become members of a public retirement system of
 the state on or after April first, two  thousand  twelve  shall  be  age
 sixty-three;  EXCEPT  THAT  THE NORMAL RETIREMENT AGE SHALL BE SIXTY-TWO
 FOR A MEMBER WHO IS A PEACE OFFICER OR UNIFORMED COURT OFFICER  EMPLOYED
 BY THE UNIFIED COURT SYSTEM.
   b-1.  Notwithstanding  any other provision of law to the contrary, the
 service retirement benefit for members with  twenty  or  more  years  of
 [credit]  CREDITED service who first become a member of a public retire-
 ment system of the state on or after April first, two thousand twelve at
 age sixty-three, OR AT AGE SIXTY-TWO FOR  UNIFORMED  COURT  OFFICERS  OR
 PEACE  OFFICERS EMPLOYED BY THE UNIFIED COURT SYSTEM, shall be a pension
 equal to the sum of thirty-five per centum  and  one-fiftieth  of  final
 average  salary for each year of service in excess of twenty times final
 average salary times years of credited service. In no  event  shall  any
 retirement  benefit  payable  without optional modification be less than
 the actuarially equivalent annuitized value  of  the  member's  contrib-
 utions  accumulated  with  interest at five percent per annum compounded
 annually to the date of retirement.
   § 4. Paragraph 3 of subdivision i of section 603 of the retirement and
 social security law, as added by chapter 18 of  the  laws  of  2012,  is
 amended to read as follows:
   3. A member of a public retirement system of the state who has met the
 minimum  service  requirement,  but  who  is not a New York city transit
 authority member, as defined  in  paragraph  one  of  subdivision  a  of
 section  six  hundred four-b of this article, may retire prior to normal
 retirement age, but no earlier than attainment  of  age  fifty-five,  in
 which  event, the amount of his or her retirement benefit computed with-
 out optional modification shall be  reduced  by  six  and  one-half  per
 centum for each year by which early retirement precedes age sixty-three;
 PROVIDED, HOWEVER, THAT FOR A MEMBER WHO IS A UNIFORMED COURT OFFICER OR
 PEACE OFFICER EMPLOYED BY THE UNIFIED COURT SYSTEM, THE RETIREMENT BENE-
 FIT  COMPUTED  WITHOUT OPTIONAL MODIFICATION SHALL BE REDUCED IN ACCORD-
 ANCE WITH PARAGRAPH ONE OF THIS SUBDIVISION.
   § 5. Notwithstanding any other provision of law to the contrary,  none
 of  the  provisions  of  this  act shall be subject to the appropriation
 requirement of section 25 of the retirement and social security law.
   § 6. This act shall take effect immediately; provided that the  amend-
 ments to subdivision a of section 603 of the retirement and social secu-
 rity law made by section two 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:
 S. 8305--B                         150
 
   This bill would allow any Tier 6 member who is a uniformed court offi-
 cer  or  peace  officer  employed  by the unified court system to retire
 without early age  reduction  upon  attaining  30  years  of  creditable
 service  and age 55. It would also reduce the normal retirement age from
 63  to  62  and  lessen  the reductions in benefits for those who retire
 prior to normal retirement age.
   Insofar as this bill affects the New York State and  Local  Employees'
 Retirement System (NYSLERS), the increased costs would be borne entirely
 by  the  State  of  New  York. If this bill were enacted during the 2024
 Legislative Session, the increase in the present value of benefits would
 be approximately $34.2 million.
   In the NYSLERS, this benefit improvement will be funded by (1) billing
 a past service cost to cover retrospective  benefit  increases  and  (2)
 increasing the billing rates charged annually to cover prospective bene-
 fit increases, as follows:
   (1)  To  fund  retrospective  costs,  the  State  of  New York will be
 required to pay $18.9 million as of March 1, 2025.
   (2) To fund prospective costs, the annual contribution required of the
 State of New York will include a separate itemized charge equal to  1.0%
 of  billable salary reported to the NYSLERS for the affected members, or
 approximately $2.2 million beginning in fiscal  year  ending  March  31,
 2025.  This  PERMANENT  ANNUAL COST WILL INCREASE as Tier 6 salary grows
 and will vary in subsequent billing cycles with changes in  the  billing
 rate.
   These  estimated costs are based on 2,207 affected members employed by
 New York State, with annual salary of approximately $166 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.
   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 8, 2024, and intended for use  only  during
 the  2024  Legislative  Session, is Fiscal Note No. 2024-92, prepared by
 the Actuary for the New York State and Local Retirement System.
 
                                  PART OO
   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
 S. 8305--B                         151
 
 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,
 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
 S. 8305--B                         152
 
 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
 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.
 S. 8305--B                         153
   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
 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.
 S. 8305--B                         154
 
   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
 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.
 S. 8305--B                         155
 
   (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:
   (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.
 S. 8305--B                         156
 
   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.
   (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-
 S. 8305--B                         157
 
 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
 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
 S. 8305--B                         158
 
 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.
   § 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.
 
                                  PART PP
 
   Section 1. Section 212 of the retirement and social  security  law  is
 amended by adding a new subdivision 2-a to read as follows:
   2-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  TWO  OF  THIS
 SECTION, THE EARNING LIMITATIONS FOR RETIRED  PERSONS  IN  POSITIONS  OF
 PUBLIC  SERVICE  SHALL  BE  INCREASED TO FIFTY THOUSAND DOLLARS FROM THE
 YEAR TWO THOUSAND TWENTY-FOUR AND THEREAFTER.
   § 2. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would allow a retired person of the New York State and Local
 Retirement System who returns to public employment with an annual salary
 of $50,000 or less to continue to receive their full retirement benefit.
 Currently, the salary limit is $35,000.
   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
 S. 8305--B                         159
 
 pension  benefit paid while post-retirement earnings are between $35,000
 and $50,000 each calendar year. The pension benefit expected to be  paid
 by  the  NYSLERS  during that 2.5-month period is estimated to be $9,000
 per person.
   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 $2,250 per person.
   In the NYSLERS, pursuant to Section 25 of the  Retirement  and  Social
 Security  Law,  the increased costs would be borne entirely by the State
 of New York and would require an itemized  appropriation  sufficient  to
 pay the cost of the provision. For each retiree rehired pursuant to this
 proposal, an annual cost of $11,250 is expected.
   Insofar  as  this bill affects the New York State and Local Police and
 Fire Retirement System (NYSLPFRS), 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
 between  $35,000  and  $50,000  each  calendar year. The pension benefit
 expected to be paid by the NYSLPFRS during that 1-month period is  esti-
 mated to be $7,500 per person.
   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 $4,500 per person.
   In the NYSLPFRS, all costs will be shared by the State of New York and
 all participating employers in the NYSLPFRS and spread over future bill-
 ing cycles. For each retiree rehired pursuant to this proposal, an annu-
 al cost of $12,000 is expected.
   In addition to the direct costs quoted above, insofar as this proposal
 disrupts the usual pattern and timing of employee turnover (that is,  if
 members  retire  earlier than assumed and participating employers hire a
 retiree instead of a new billable member),  shifts  in  member  behavior
 could  generate losses that increase the average billing rate in 20-year
 and 25-year service-based plans from 31.2% to 40.8%. In age-based plans,
 average billing rates could increase from 15.2%  to  18.7%.  The  actual
 increase  in billing rates will depend upon member and employer utiliza-
 tion, with the rates above representing an upper maximum.
   Since this proposal exclusively benefits retirees, the increased costs
 are primarily attributable to retirees from Tiers 1 -- 3.  Approximately
 half  the contributions required to fund this proposal will be collected
 on salary reported for current members of Tier 6.
   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.
 S. 8305--B                         160
 
   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 7, 2024, and intended for use only during
 the 2024 Legislative Session, is Fiscal Note No. 2024-143,  prepared  by
 the Actuary for the New York State and Local Retirement System.
 
                                  PART QQ
 
   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.
   Pursuant to Section 25 of the Retirement and Social Security Law,  the
 increased  costs  would  be  borne entirely by the State of New York and
 would require an itemized appropriation sufficient to pay  the  cost  of
 the provision.
   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.
   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.
   In the NYSLERS, this benefit improvement will be funded by including a
 separate itemized charge on the New York State annual invoice, equal  to
 the costs quoted above, plus interest.
   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.
 S. 8305--B                         161
 
   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 6, 2024, and intended for use only during
 the 2024 Legislative Session, is Fiscal Note No. 2024-140,  prepared  by
 the Actuary for the New York State and Local Retirement System.
 
                                  PART RR
 
   Section  1.  The executive law is amended by adding a new article 15-D
 to read as follows:
                               ARTICLE 15-D
                OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
 
 SECTION 328-E. DEFINITIONS.
         328-F. OFFICE OF RACIAL EQUITY  AND  SOCIAL  JUSTICE;  DIRECTOR,
                  ORGANIZATION AND EMPLOYEES.
         328-G. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
         328-H. REPORTING.
   §  328-E.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "OFFICE" MEANS THE OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE.
   2. "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE OF  RACIAL  EQUITY  AND
 SOCIAL JUSTICE.
   3.    "EQUITY"  MEANS FAIR AND JUST OPPORTUNITIES AND OUTCOMES FOR ALL
 INDIVIDUALS.
   4. "SOCIAL JUSTICE" MEANS EVERY INDIVIDUAL DESERVES  TO  BENEFIT  FROM
 THE  SAME  ECONOMIC, POLITICAL AND SOCIAL RIGHTS AND OPPORTUNITIES, FREE
 FROM HEALTH DISPARITIES, REGARDLESS OF RACE; SOCIOECONOMIC STATUS;  AGE;
 SEX, INCLUDING ON THE BASIS OF GENDER IDENTITY OR ORIENTATION; RELIGION;
 DISABILITY; OR OTHER CHARACTERISTICS.
   5.  "RACE"  MEANS  A SOCIAL CONSTRUCT THAT ARTIFICIALLY DIVIDES PEOPLE
 INTO DISTINCT GROUPS BASED ON CHARACTERISTICS SUCH AS  PHYSICAL  APPEAR-
 ANCE,   INCLUDING   COLOR;  ANCESTRAL  HERITAGE;  CULTURAL  AFFILIATION;
 CULTURAL HISTORY; ETHNIC CLASSIFICATION; AND THE  SOCIAL,  ECONOMIC  AND
 POLITICAL NEEDS OF A SOCIETY AT A GIVEN PERIOD.
   6. "INEQUITY" MEANS SYSTEMATIC AND PATTERNED DIFFERENCES IN WELL-BEING
 THAT  DISADVANTAGE  ONE  GROUP  IN  FAVOR  OF ANOTHER CAUSED BY PAST AND
 CURRENT DECISIONS, SYSTEMS OF POWER AND PRIVILEGE, AND POLICIES.
   7. "INDIVIDUAL RACISM" MEANS EXPLICIT OR IMPLICIT PRE-JUDGMENT BIAS OR
 DISCRIMINATION BY AN INDIVIDUAL BASED ON RACE.
   8. "INSTITUTIONAL RACISM" MEANS POLICIES,  PRACTICES,  AND  PROCEDURES
 THAT  WORK  BETTER  FOR SOME MEMBERS OF A COMMUNITY THAN OTHERS BASED ON
 RACE.
   9. "RACIAL EQUITY AND SOCIAL JUSTICE" MEANS CHANGES IN  POLICY,  PRAC-
 TICE  AND  ALLOCATION  OF STATE RESOURCES SO THAT RACE OR SOCIAL JUSTICE
 CONSTRUCTS DO NOT PREDICT AN INDIVIDUAL'S SUCCESS, WHILE ALSO  IMPROVING
 OPPORTUNITIES AND OUTCOMES FOR ALL PEOPLE.
   §  328-F. OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE; DIRECTOR, ORGAN-
 IZATION AND EMPLOYEES. 1. THE OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE
 IS HEREBY CREATED WITHIN THE EXECUTIVE DEPARTMENT TO HAVE  AND  EXERCISE
 THE  FUNCTIONS,  POWERS  AND  DUTIES  PROVIDED BY THE PROVISIONS OF THIS
 ARTICLE AND ANY OTHER PROVISION OF LAW.
 S. 8305--B                         162
 
   2. THE HEAD OF THE OFFICE SHALL BE THE DIRECTOR, WHO  SHALL  SERVE  AS
 THE  CHIEF EQUITY OFFICER FOR THE STATE OF NEW YORK.  THE DIRECTOR SHALL
 BE APPOINTED BY THE GOVERNOR WITH THE CONSENT AND APPROVAL OF THE SENATE
 AND RECEIVE A SALARY TO BE FIXED BY  THE  GOVERNOR  WITHIN  THE  AMOUNTS
 APPROPRIATED THEREFOR.
   3.  THE DIRECTOR MAY, FROM TIME TO TIME, CREATE, ABOLISH, TRANSFER AND
 CONSOLIDATE BUREAUS AND OTHER UNITS  WITHIN  THE  OFFICE  NOT  EXPRESSLY
 ESTABLISHED BY LAW AS THE DIRECTOR MAY DETERMINE NECESSARY FOR THE EFFI-
 CIENT  OPERATION  OF THE OFFICE, SUBJECT TO THE APPROVAL OF THE DIRECTOR
 OF THE BUDGET.
   4. THE DIRECTOR MAY APPOINT ASSISTANTS, AND OTHER OFFICERS AND EMPLOY-
 EES, COMMITTEES AND CONSULTANTS AS  THE  DIRECTOR  MAY  DEEM  NECESSARY,
 PRESCRIBE  THEIR  POWERS  AND  DUTIES, FIX THEIR COMPENSATION WITHIN THE
 AMOUNTS APPROPRIATED THEREFOR.
   5. THE DIRECTOR MAY REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION,
 BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE  ANY  INFORMATION
 AND  RESOURCES  THAT  WILL  ENABLE  THE OFFICE TO PROPERLY CARRY OUT ITS
 FUNCTIONS, POWERS AND DUTIES.
   § 328-G. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE. THE OFFICE  SHALL
 HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
   1.  TO  ACT AS THE OFFICIAL STATE PLANNING AND COORDINATING OFFICE FOR
 CHANGES IN POLICY, PRACTICE AND ALLOCATION OF STATE  RESOURCES  SO  THAT
 RACE  OR  SOCIAL  JUSTICE  CONSTRUCTS  DO  NOT  PREDICT  AN INDIVIDUAL'S
 SUCCESS, WHILE ALSO IMPROVING OPPORTUNITIES AND OUTCOMES FOR ALL PEOPLE,
 AND PERFORMING  ALL  NECESSARY  AND  APPROPRIATE  SERVICES  REQUIRED  TO
 FULFILL THESE DUTIES.
   2.  TO ESTABLISH, OVERSEE, MANAGE, COORDINATE AND FACILITATE THE PLAN-
 NING, DESIGN AND IMPLEMENTATION OF THE STATE'S RACIAL EQUITY AND  SOCIAL
 JUSTICE ACTION PLAN, SUCH PLAN SHALL INCORPORATE AND EMBED RACIAL EQUITY
 AND  SOCIAL JUSTICE PRINCIPLES AND STRATEGIES INTO OPERATIONS, PROGRAMS,
 SERVICE POLICIES AND COMMUNITY ENGAGEMENT TO ELIMINATE INEQUITY,  INSTI-
 TUTIONAL  RACISM  AND  INDIVIDUAL RACISM IN THE STATE, AND SHALL INCLUDE
 RACIAL EQUITY AND SOCIAL JUSTICE TRAINING FOR ALL STATE EMPLOYEES.
   3. TO ADVISE AND ASSIST THE STATE  AGENCIES  IN  DEVELOPING  POLICIES,
 PLANS  AND  PROGRAMS  FOR ELIMINATING INSTITUTIONAL RACISM AND IMPROVING
 RACIAL EQUITY AND SOCIAL JUSTICE.
   4. TO PERFORM RACIAL EQUITY AND SOCIAL JUSTICE REVIEWS AND MAKE RECOM-
 MENDATIONS FOR IMPROVING MANAGEMENT AND PROGRAM EFFECTIVENESS PERTAINING
 TO RACIAL EQUITY AND SOCIAL JUSTICE, INCLUDING, BUT NOT LIMITED  TO,  AN
 ANNUAL  RACIAL  EQUITY  AND  SOCIAL JUSTICE IMPACT STATEMENT WHICH SHALL
 ACCOMPANY THE EXECUTIVE BUDGET.
   5. TO ESTABLISH, OVERSEE, MANAGE A RACIAL EQUITY  AND  SOCIAL  JUSTICE
 ADVISORY  COMMITTEE,  THE  COMPOSITION  AND  DUTIES OF SUCH COMMITTEE AS
 DETERMINED BY THE DIRECTOR.
   § 328-H. REPORTING.  THE OFFICE SHALL SUBMIT A REPORT TO THE GOVERNOR,
 THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE NO
 LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND ANNUAL-
 LY THEREAFTER.  SUCH  REPORT  SHALL  CONTAIN,  AT  MINIMUM,  INFORMATION
 RELATED  TO  POLICY  RECOMMENDATIONS OF THE OFFICE AND THE ACTIVITIES OF
 THE RACIAL EQUITY AND SOCIAL JUSTICE  ADVISORY  COMMITTEE.  SUCH  REPORT
 SHALL ALSO BE PUBLISHED ON THE WEBSITE OF THE OFFICE OF THE GOVERNOR.
   § 2. This act shall take effect July 1, 2025.
 
                                  PART SS
 S. 8305--B                         163
 
   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
 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.
 S. 8305--B                         164
 
   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-
 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.
 S. 8305--B                         165
 
   §  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 and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART TT
 
   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 SUCH POLICE OFFICER 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
 S. 8305--B                         166
 
 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
 SUCH MEMBER'S 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.
 
                                  PART UU
 
   Section 1. The retirement and social security law is amended by adding
 a new section 383-e to read as follows:
   §  383-E. RETIREMENT OF OFFICERS OF STATE LAW ENFORCEMENT; TWENTY YEAR
 RETIREMENT PLAN. A. MEMBERSHIP.  EVERY  NON-SEASONALLY  APPOINTED  SWORN
 MEMBER  OR  OFFICER OF THE DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT
 OF ENVIRONMENTAL CONSERVATION, A FOREST RANGER IN  THE  SERVICE  OF  THE
 DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, WHICH SHALL MEAN A PERSON WHO
 SERVES ON A FULL-TIME BASIS IN THE TITLE  OF  FOREST  RANGER  I,  FOREST
 RANGER  II,  FOREST  RANGER III, ASSISTANT SUPERINTENDENT OF FOREST FIRE
 CONTROL, SUPERINTENDENT OF FOREST FIRE CONTROL OR ANY  SUCCESSOR  TITLES
 OR  NEW  TITLES  IN  THE FOREST RANGER TITLE SERIES IN THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION, A POLICE OFFICER IN THE DEPARTMENT OF  ENVI-
 RONMENTAL  CONSERVATION,  THE REGIONAL STATE PARK POLICE, AND UNIVERSITY
 POLICE OFFICERS WHO ENTER OR RE-ENTER SERVICE IN ANY SUCH TITLE SHALL BE
 COVERED BY THE PROVISIONS OF THIS SECTION, AND EVERY MEMBER DESCRIBED IN
 THIS SUBDIVISION IN SUCH SERVICE ON OR BEFORE  ONE  YEAR  PRIOR  TO  THE
 EFFECTIVE DATE OF THIS SECTION MAY ELECT TO BE COVERED BY THE PROVISIONS
 OF  THIS SECTION BY FILING AN ELECTION THEREFOR WITH THE COMPTROLLER. TO
 BE EFFECTIVE, SUCH ELECTION MUST BE DULY EXECUTED AND ACKNOWLEDGED ON  A
 FORM PREPARED BY THE COMPTROLLER FOR THAT PURPOSE.
   B.  RETIREMENT  ALLOWANCE. A MEMBER, COVERED BY THE PROVISIONS OF THIS
 SECTION AT THE TIME OF RETIREMENT, SHALL  BE  ENTITLED  TO  RETIRE  UPON
 COMPLETION  OF  TWENTY YEARS OF TOTAL CREDITABLE SERVICE IN SUCH TITLES,
 AND SHALL RETIRE UPON THE ATTAINMENT OF  THE  MANDATORY  RETIREMENT  AGE
 PRESCRIBED  BY  THIS  SECTION,  BY  FILING  AN APPLICATION THEREFOR IN A
 MANNER SIMILAR TO THAT PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS
 ARTICLE.
   1. UPON COMPLETION OF TWENTY YEARS OF SUCH SERVICE  AND  UPON  RETIRE-
 MENT,  EACH  SUCH MEMBER SHALL RECEIVE A PENSION WHICH, TOGETHER WITH AN
 ANNUITY FOR SUCH YEARS OF SERVICE AS PROVIDED IN PARAGRAPH FOUR OF  THIS
 SUBDIVISION, SHALL BE SUFFICIENT TO PROVIDE HIM OR HER WITH A RETIREMENT
 ALLOWANCE OF ONE-HALF OF HIS OR HER FINAL AVERAGE SALARY.
   2.  UPON COMPLETION OF MORE THAN TWENTY YEARS OF SUCH SERVICE AND UPON
 RETIREMENT, EACH SUCH MEMBER SHALL RECEIVE, FOR EACH YEAR OF SERVICE  IN
 EXCESS  OF TWENTY, AN ADDITIONAL PENSION WHICH, TOGETHER WITH AN ANNUITY
 S. 8305--B                         167
 
 FOR EACH SUCH YEAR AS PROVIDED IN PARAGRAPH FOUR  OF  THIS  SUBDIVISION,
 SHALL  BE  EQUAL  TO  ONE-SIXTIETH  OF  HIS OR HER FINAL AVERAGE SALARY,
 PROVIDED, HOWEVER, THAT THE PENSION PAYABLE  PURSUANT  TO  THIS  SECTION
 SHALL NOT EXCEED THREE-QUARTERS OF FINAL AVERAGE SALARY.
   3.  UPON ATTAINMENT OF THE MANDATORY RETIREMENT AGE WITHOUT COMPLETION
 OF TWENTY YEARS OF SUCH  SERVICE,  EACH  SUCH  MEMBER  SHALL  RECEIVE  A
 PENSION  WHICH,  TOGETHER  WITH  AN ANNUITY FOR SUCH YEARS OF SERVICE AS
 PROVIDED IN PARAGRAPH FOUR OF THIS SUBDIVISION, SHALL BE EQUAL  TO  ONE-
 FORTIETH  OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE
 SERVICE IN SUCH TITLES. EVERY SUCH MEMBER SHALL ALSO BE ENTITLED  TO  AN
 ADDITIONAL  PENSION  EQUAL  TO  THE  PENSION  FOR ANY CREDITABLE SERVICE
 RENDERED WHILE NOT AN EMPLOYEE IN SUCH TITLES AS  PROVIDED  UNDER  PARA-
 GRAPHS  THREE  AND FOUR OF SUBDIVISION A OF SECTION THREE HUNDRED SEVEN-
 TY-FIVE OF THIS ARTICLE. THIS LATTER  PENSION  SHALL  NOT  INCREASE  THE
 TOTAL  ALLOWANCE TO MORE THAN ONE-HALF OF HIS OR HER FINAL AVERAGE SALA-
 RY.
   4. THE ANNUITY PROVIDED UNDER PARAGRAPHS ONE, TWO AND  THREE  OF  THIS
 SUBDIVISION  SHALL  BE  THE ACTUARIAL EQUIVALENT, AT THE TIME OF RETIRE-
 MENT, OF THE MEMBER'S ACCUMULATED CONTRIBUTIONS BASED UPON THE  RATE  OF
 CONTRIBUTION  FIXED  UNDER  SECTION  THREE  HUNDRED EIGHTY-THREE OF THIS
 TITLE AND UPON THE SALARIES EARNED WHILE IN SUCH SERVICE.  SUCH  ANNUITY
 SHALL BE COMPUTED AS IT WOULD BE IF IT WERE NOT REDUCED BY THE ACTUARIAL
 EQUIVALENT  OF  ANY  OUTSTANDING  LOAN  NOR  BY  REASON  OF THE MEMBER'S
 ELECTION TO DECREASE HIS OR HER CONTRIBUTIONS TOWARD RETIREMENT IN ORDER
 TO APPLY THE RESULTING AMOUNT TOWARD PAYMENT OF  CONTRIBUTIONS  FOR  OLD
 AGE AND SURVIVOR'S INSURANCE. ANY ACCUMULATED CONTRIBUTIONS IN EXCESS OF
 THE  AMOUNT  REQUIRED  TO  PROVIDE THE ANNUITY COMPUTED PURSUANT TO THIS
 PARAGRAPH SHALL BE USED TO INCREASE THE MEMBER'S RETIREMENT ALLOWANCE.
   C. CREDIT FOR PREVIOUS SERVICE. IN COMPUTING THE YEARS OF TOTAL  CRED-
 ITABLE  SERVICE  FOR  EACH MEMBER DESCRIBED HEREIN, FULL CREDIT SHALL BE
 GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE RENDERED AS A  POLICE
 OFFICER OR STATE UNIVERSITY PEACE OFFICER OR MEMBER OF A POLICE FORCE OR
 DEPARTMENT  OF  A  STATE  PARK  AUTHORITY  OR COMMISSION OR AN ORGANIZED
 POLICE FORCE OR DEPARTMENT OF A  COUNTY,  CITY,  TOWN,  VILLAGE,  POLICE
 DISTRICT,  AUTHORITY  OR  OTHER  PARTICIPATING EMPLOYER OR MEMBER OF THE
 CAPITAL POLICE FORCE IN THE OFFICE OF GENERAL SERVICES WHILE A MEMBER OF
 THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM,  OF  THE
 NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR OF THE NEW YORK
 CITY  POLICE  PENSION FUND AND FOR ALL SERVICE FOR WHICH FULL CREDIT HAS
 BEEN GIVEN AND FULL ALLOWANCE MADE PURSUANT TO THE PROVISIONS OF SECTION
 THREE HUNDRED SEVENTY-FIVE-H OF THIS  ARTICLE  PROVIDED,  HOWEVER,  THAT
 FULL  CREDIT  PURSUANT TO THE PROVISIONS OF SUCH SECTION SHALL MEAN ONLY
 SUCH SERVICE AS WOULD BE CREDITABLE SERVICE PURSUANT TO  THE  PROVISIONS
 OF  SECTION  THREE  HUNDRED  EIGHTY-THREE, THREE HUNDRED EIGHTY-THREE-A,
 THREE HUNDRED EIGHTY-THREE-B, AS ADDED BY CHAPTER SIX  HUNDRED  SEVENTY-
 FOUR  OF  THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX, THREE HUNDRED EIGHTY-
 THREE-B, AS ADDED BY CHAPTER SIX HUNDRED SEVENTY-SEVEN OF  THE  LAWS  OF
 NINETEEN  HUNDRED  EIGHTY-SIX,  THREE  HUNDRED  EIGHTY-THREE-C  OR THREE
 HUNDRED EIGHTY-THREE-D OF THIS TITLE OR PURSUANT TO  THE  PROVISIONS  OF
 TITLE  THIRTEEN  OF  THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK FOR
 ANY MEMBER CONTRIBUTING PURSUANT TO THIS SECTION WHO TRANSFERRED TO  THE
 JURISDICTION  OF  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION INCLUDING
 BUT NOT  LIMITED  TO  ENVIRONMENTAL  CONSERVATION  OFFICERS  AND  FOREST
 RANGERS,  REGIONAL  STATE  PARK  POLICE  OR STATE UNIVERSITY OF NEW YORK
 PEACE OFFICERS.
 S. 8305--B                         168
 
   D. RETIREMENT FOR CAUSE. UPON RECEIPT OF A CERTIFICATE FROM  THE  HEAD
 OF  THE  ENTITY  WHERE SUCH MEMBER IS EMPLOYED OR HIS OR HER DESIGNEE, A
 MEMBER AS DESCRIBED IN SUBDIVISION A OF THIS SECTION,  WHO  HAS  ACCRUED
 TWENTY-FIVE  OR MORE YEARS OF SERVICE CREDIT UNDER THIS SECTION SHALL BE
 RETIRED  ON  THE  FIRST DAY OF THE SECOND MONTH NEXT SUCCEEDING THE DATE
 SUCH CERTIFICATE WAS FILED WITH THE COMPTROLLER.
   E. CREDIT FOR MILITARY SERVICE. IN COMPUTING THE YEARS OF TOTAL  CRED-
 ITABLE  SERVICE  FULL  CREDIT SHALL BE GIVEN AND FULL ALLOWANCE SHALL BE
 MADE FOR SERVICE OF SUCH MEMBER IN WAR AFTER WORLD WAR I AS  DEFINED  IN
 SECTION  THREE  HUNDRED TWO OF THIS ARTICLE, PROVIDED SUCH MEMBER AT THE
 TIME OF HIS OR HER ENTRANCE INTO THE ARMED FORCES WAS IN POLICE  SERVICE
 AS  DEFINED  IN  SUBDIVISION ELEVEN OF SECTION THREE HUNDRED TWO OF THIS
 ARTICLE.
   F. TRANSFER OF MEMBERSHIP TO EMPLOYEES' RETIREMENT SYSTEM. ANY  MEMBER
 CURRENTLY  ENROLLED  PURSUANT  TO THIS SECTION AND WHO PREVIOUSLY TRANS-
 FERRED SERVICE CREDIT FROM THE  NEW  YORK  STATE  AND  LOCAL  EMPLOYEES'
 RETIREMENT  SYSTEM  TO  THE  NEW  YORK  STATE  AND LOCAL POLICE AND FIRE
 RETIREMENT SYSTEM, MAY ELECT TO  TRANSFER  SUCH  PREVIOUSLY  TRANSFERRED
 SERVICE  CREDIT  BACK TO THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIRE-
 MENT SYSTEM, AND SUCH MEMBER SHALL  HAVE  THE  OPTION  TO  RETROACTIVELY
 TRANSFER HIS OR HER MEMBERSHIP INTO SUCH EMPLOYEES' RETIREMENT SYSTEM.
   G.  THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING, NOTWITHSTAND-
 ING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY.
   §  2.  All  past  service  costs  associated  with  implementing   the
 provisions  of  this act shall be borne by the state of New York and may
 be amortized over a period of ten years.
   § 3. 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  allow  any non-seasonally appointed sworn member or
 officer of the division of law enforcement, police  officer,  or  forest
 ranger  in  the  department  of environmental conservation; any regional
 state park police officer; or any university police  officer  to  become
 covered  by  the  provisions of a special 20-year retirement plan, which
 will provide a benefit of one-half of final average salary upon  retire-
 ment  and  an additional benefit of one-sixtieth of final average salary
 for each year of creditable service in excess of 20 years, not to exceed
 12 years.
   If this bill is enacted during the 2024 Legislative Session, we antic-
 ipate that there will be an increase of approximately  $6.6  million  in
 the  annual  contributions  of the State of New York for the fiscal year
 ending March 31, 2025. In future  years  this  cost  will  vary  but  is
 expected to average 3.9% of salary annually.
   In addition to the annual contributions discussed above, there will be
 an immediate past service cost of approximately $70.3 million which will
 be  borne  by the State of New York as a one-time payment. This estimate
 assumes that payment will be made on March 1, 2025. If the State of  New
 York  elects  to  amortize this cost over a 10-year period, the cost for
 each year including interest would be $8.98 million.
   These estimated costs are based on 1,228 affected members employed  by
 the  State of New York, with annual salary of approximately $131 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
 S. 8305--B                         169
 
 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  January  22,  2024,  and intended for use only
 during the  2024  Legislative  Session,  is  Fiscal  Note  No.  2024-90,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.
 
                                  PART VV
 
   Section 1. The executive law is amended by adding a new  article  15-D
 to read as follows:
                               ARTICLE 15-D
                     OFFICE OF NATIVE AMERICAN AFFAIRS
 SECTION 328-D. OFFICE OF NATIVE AMERICAN AFFAIRS.
         328-E. GENERAL FUNCTIONS, POWERS AND DUTIES.
   § 328-D. OFFICE OF NATIVE AMERICAN AFFAIRS. 1. THERE IS HEREBY CREATED
 IN  THE  EXECUTIVE  DEPARTMENT AN OFFICE OF NATIVE AMERICAN AFFAIRS. THE
 HEAD OF THE OFFICE SHALL BE THE COMMISSIONER OF NATIVE AMERICAN  AFFAIRS
 WHO  SHALL BE APPOINTED BY THE GOVERNOR AND WHO SHALL HOLD OFFICE AT THE
 PLEASURE OF THE GOVERNOR.
   2. THE COMMISSIONER SHALL RECEIVE AN ANNUAL SALARY TO BE FIXED BY  THE
 GOVERNOR  WITHIN  THE AMOUNT MADE AVAILABLE THEREFOR BY AN APPROPRIATION
 AND SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES IN THE PERFORM-
 ANCE OF THEIR DUTIES.
   3. THE COMMISSIONER SHALL DIRECT THE WORK OF THE OFFICE AND  SHALL  BE
 THE  CHIEF EXECUTIVE OFFICER OF THE OFFICE. THE COMMISSIONER MAY APPOINT
 SUCH OFFICERS AND EMPLOYEES AS SUCH  COMMISSIONER  MAY  DEEM  NECESSARY,
 PRESCRIBE  THEIR  DUTIES,  FIX  THEIR  COMPENSATION, AND PROVIDE FOR THE
 REIMBURSEMENT OF THEIR  EXPENSES,  ALL  WITHIN  AMOUNTS  MADE  AVAILABLE
 THEREFOR BY APPROPRIATION.
   §  328-E.  GENERAL  FUNCTIONS, POWERS AND DUTIES. THE OFFICE OF NATIVE
 AMERICAN AFFAIRS BY AND THROUGH THE COMMISSIONER OR SUCH  COMMISSIONER'S
 DULY AUTHORIZED OFFICERS AND EMPLOYEES, SHALL:
   1.  ACT  AS A CENTRALIZED OFFICE FOR NATIVE AMERICAN NATIONS TO ACCESS
 INFORMATION ON STATE PROGRAMS THAT ARE PROVIDED TO NATIVE AMERICANS.
   2. DEVELOP AND MAINTAIN COOPERATIVE  RELATIONSHIPS  BETWEEN  NEW  YORK
 STATE'S  NATIVE  NATIONS, NATIVE ORGANIZATION, NATIVE AMERICAN CITIZENS,
 AND THE STATE.
   3. ESTABLISH, MANAGE, COORDINATE, AND FACILITATE  NATIVE  AMERICAN-RE-
 LATED POLICIES, POSITIONS, AND PROGRAMS.
   4. ADVISE AND ASSIST STATE AGENCIES IN DEVELOPING POLICIES, PLANS, AND
 PROGRAMS FOR NATIVE AMERICANS.
   5.  SERVE  AS A CONNECTOR FOR NEW YORK STATE'S NATIVE NATIONS TO OTHER
 STATE AGENCIES AND PROGRAMS.
 S. 8305--B                         170
 
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART WW
 
   Section 1. Subdivision 1 of section 155.20 of the penal law is amended
 to read as follows:
   1.  Except  as  otherwise  specified  in this section, value means the
 market value of the property at the time and place of the crime,  or  if
 such  cannot  be  satisfactorily ascertained, the cost of replacement of
 the property within a reasonable time after the crime.  IN THE EVENT  OF
 MULTIPLE OR SUCCESSIVE INCIDENTS OF THEFT COMMITTED BY ONE OR MORE INDI-
 VIDUALS AS PART OF A CONTINUING COURSE OF CONDUCT OVER A PERIOD OF TIME,
 THE  VALUE OF THE GOODS TAKEN SHALL BE DETERMINED BY THE AGGREGATE VALUE
 OF ALL PROPERTY STOLEN DURING SUCH PERIOD OF TIME.  FOR THE PURPOSES  OF
 THIS SUBDIVISION, "COURSE OF CONDUCT" MEANS A PATTERN OF CONDUCT INVOLV-
 ING  TWO  OR  MORE THEFTS OR LARCENOUS INCIDENTS OVER A PERIOD OF NINETY
 DAYS, EVIDENCING A CONTINUITY OF PURPOSE, PLAN, OR COMMON SCHEME.
   § 2.  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 XX
 
   Section 1. Section 216 of the executive law is amended by adding a new
 subdivision 4 to read as follows:
   4.  (A)  THERE SHALL BE WITHIN THE BUREAU OF CRIMINAL INVESTIGATION AN
 ORGANIZED RETAIL CRIME TASK FORCE. THE SUPERINTENDENT SHALL ASSIGN TO IT
 SUCH PERSONNEL AS MAY BE REQUIRED FOR THE PURPOSE OF ASSISTING LOCAL LAW
 ENFORCEMENT IN PREVENTING, INVESTIGATING,  AND  DETECTING  RETAIL  THEFT
 CRIMES.
   (B) THE ORGANIZED RETAIL CRIME TASK FORCE SHALL HAVE THE POWER TO:
   (I)  CONDUCT  INVESTIGATIONS  OF  ORGANIZED  RETAIL  CRIME  ACTIVITIES
 CARRIED OUT BETWEEN TWO OR MORE COUNTIES OR JURISDICTIONS OF THIS STATE;
   (II) COOPERATE WITH AND, WHEN NECESSARY, ASSIST LOCAL LAW  ENFORCEMENT
 AGENCIES  OR ANY DISTRICT ATTORNEY'S OFFICE REQUESTING ASSISTANCE IN THE
 INVESTIGATION OR PROSECUTION OF ORGANIZED RETAIL CRIME OR  LOCAL  RETAIL
 CRIME CASES;
   (III)  PROVIDE  LOCAL LAW ENFORCEMENT AGENCIES WITH LOGISTICAL SUPPORT
 AND OTHER LAW ENFORCEMENT RESOURCES,  INCLUDING,  BUT  NOT  LIMITED  TO,
 INTELLIGENCE,  PERSONNEL, TECHNOLOGY, AND EQUIPMENT, AS DETERMINED TO BE
 APPROPRIATE BY THE SUPERINTENDENT;
   (IV) ESTABLISH A CENTRALIZED INFORMATION-SHARING SYSTEM FOR LOCAL  LAW
 ENFORCEMENT  AND  DISTRICT ATTORNEY'S OFFICES TO FACILITATE THE EXCHANGE
 OF REAL-TIME DATA ON RETAIL  THEFT  INCIDENTS,  ORGANIZED  RETAIL  CRIME
 INCIDENTS  AND TRENDS, OR TO REQUEST ASSISTANCE AND COORDINATE ON RETAIL
 CRIME-RELATED MATTERS; AND
   (V) FOSTER COLLABORATION BETWEEN VARIOUS  STATE  AGENCIES,  LOCAL  LAW
 ENFORCEMENT,  DISTRICT  ATTORNEYS,  AND  THE JUDICIAL SYSTEM TO ENSURE A
 COORDINATED RESPONSE TO RETAIL CRIME.
   (C) THE ORGANIZED RETAIL CRIME TASK FORCE SHALL ISSUE AN ANNUAL REPORT
 THAT INCLUDES AN ANALYSIS OF  RETAIL  CRIME  STATISTICS,  INCLUDING  THE
 NUMBER  OF  RETAIL  CRIME INCIDENTS WHERE STATE POLICE PROVIDED RESPONSE
 ASSISTANCE, IDENTIFICATION OF TRENDS AND HOTSPOTS, AND THE  MOST  COMMON
 S. 8305--B                         171
 
 TYPES  OF  RETAIL  CRIMES  THROUGHOUT  THE  STATE; THE TYPE OF STATE LAW
 ENFORCEMENT ASSISTANCE PROVIDED TO COUNTIES OR LOCALITIES, AND A LIST OF
 THE COUNTIES OR LOCALITIES WHERE STATE POLICE RESOURCES WERE  REQUESTED,
 ALLOCATED, AND UTILIZED. THE SUPERINTENDENT SHALL PROVIDE SUCH REPORT TO
 THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
 THE ASSEMBLY NO LATER THAN ONE YEAR AFTER THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.
 
                                  PART YY
 
   Section  1. Subdivision 2 of section 19 of the public officers law, as
 amended by chapter 769 of the laws  of  1985,  is  amended  to  read  as
 follows:
   2. (a) Upon compliance by the employee with the provisions of subdivi-
 sion three of this section, and subject to THE RESTRICTIONS SET FORTH IN
 PARAGRAPH  (B) OF THIS SUBDIVISION AND the conditions set forth in para-
 graph [(b)] (C) of this subdivision, it shall be the duty of  the  state
 to pay reasonable attorneys' fees and litigation expenses incurred by or
 on  behalf  of  an employee in [his or her] SUCH EMPLOYEE'S defense of a
 criminal proceeding in a state or federal court arising out of  any  act
 which  occurred while such employee was acting within the scope of [his]
 SUCH EMPLOYEE'S public employment or duties upon [his]  SUCH  EMPLOYEE'S
 acquittal  or  upon  the dismissal of the criminal charges against [him]
 SUCH EMPLOYEE or reasonable attorneys' fees incurred in connection  with
 an appearance before a grand jury which returns no true bill against the
 employee where such appearance was required as a result of any act which
 occurred  while  such employee was acting within the scope of [his] SUCH
 EMPLOYEE'S public employment or duties unless such appearance occurs  in
 the normal course of the public employment or duties of such employee.
   (b)    NO  REIMBURSEMENT SHALL BE PAID PURSUANT TO THIS SECTION TO ANY
 CAMPAIGN OR POLITICAL COMMITTEE, OR LEGAL DEFENSE FUND WHICH PAYS ALL OR
 ANY PORTION OF AN EMPLOYEE'S REASONABLE  ATTORNEYS'  FEES  AND/OR  LITI-
 GATION  EXPENSES.    FURTHERMORE,  AN  EMPLOYEE  ON WHOSE BEHALF A LEGAL
 DEFENSE FUND OR LEGAL DEFENSE FUNDS HAVE BEEN ESTABLISHED, SHALL NOT  BE
 ELIGIBLE  FOR REIMBURSEMENT PURSUANT TO THIS SECTION UNTIL ALL MONEYS IN
 SUCH FUND OR FUNDS HAVE BEEN  EXPENDED  FOR  THE  EMPLOYEE'S  REASONABLE
 ATTORNEYS' FEES AND/OR LITIGATION EXPENSES.
   (C)  Upon  the application for reimbursement for reasonable attorneys'
 fees or litigation expenses or both made by or on behalf of an  employee
 as  provided  in subdivision three of this section, the attorney general
 shall determine, based upon [his] THE ATTORNEY  GENERAL'S  investigation
 and  [his] THE ATTORNEY GENERAL'S review of the facts and circumstances,
 whether such reimbursement shall be paid.  The  attorney  general  shall
 notify  the  employee in writing of such determination. Upon determining
 that such reimbursement should be provided, the attorney  general  shall
 so  certify  to  the comptroller. Upon such certification, reimbursement
 shall be made for such fees or expenses  or  both  upon  the  audit  and
 warrant  of  the  comptroller.  On or before January fifteenth the comp-
 troller, in consultation with the department of law and  other  agencies
 as  may be appropriate, shall submit to the governor and the legislature
 an annual accounting of judgments,  settlements,  fees,  and  litigation
 S. 8305--B                         172
 
 expenses  paid pursuant to this section during the preceding and current
 fiscal years. Such accounting shall include, but not be limited  to  the
 number,  type  and  amount  of claims so paid, as well as an estimate of
 claims  to  be  paid during the remainder of the current fiscal year and
 during the following fiscal year. Any dispute with regard to entitlement
 to reimbursement or the amount of litigation expenses or the reasonable-
 ness of attorneys' fees shall be resolved by a court of competent juris-
 diction upon appropriate motion or by way of a special proceeding.
   § 2. This act shall take effect immediately.
 
                                  PART ZZ
 
   Section 1. Paragraph 4 of subdivision (a) of section 1-e of the legis-
 lative law, as amended by chapter 1 of the laws of 2005, is  amended  to
 read as follows:
   (4)  Such  biennial  filings  shall  be completed on or before January
 first of the first year of a biennial cycle commencing in calendar  year
 two  thousand  five  and  thereafter,  by  those  persons  who have been
 retained, employed or designated  as  lobbyist  on  or  before  December
 fifteenth  of  the  previous calendar year and who reasonably anticipate
 that in the coming year they will  expend,  incur  or  receive  combined
 reportable compensation and expenses in an amount in excess of two thou-
 sand  dollars  in years prior to calendar year two thousand six and five
 thousand dollars commencing in two thousand six OR, WHERE SUCH  LOBBYIST
 IS  QUALIFIED  AS  AN EXEMPT ORGANIZATION OR ENTITY BY THE UNITED STATES
 DEPARTMENT OF THE TREASURY  UNDER  SECTION  501(C)(3)  OF  THE  INTERNAL
 REVENUE  CODE,  TEN  THOUSAND DOLLARS COMMENCING IN TWO THOUSAND TWENTY-
 FIVE; for those lobbyists retained, employed  or  designated  after  the
 previous  December  fifteenth, and for those lobbyists who subsequent to
 their retainer, employment or designation reasonably anticipate combined
 reportable compensation and expenses in  excess  of  such  amount,  such
 filing must be completed within fifteen days thereafter, but in no event
 later  than  ten  days  after  the actual incurring or receiving of such
 reportable compensation and expenses.
   § 2. Paragraphs (iii) and (iv) of subdivision (e) of  section  1-e  of
 the  legislative law, as amended by section 1 of part S of chapter 62 of
 the laws of 2003, are amended to read as follows:
   (iii) The first statement of registration  filed  biennially  by  each
 lobbyist  for  the first biennial registration requirements for calendar
 years BETWEEN two thousand five and two thousand  [six  and  thereafter]
 TWENTY-FOUR,  shall  be accompanied by a registration fee of two hundred
 dollars except that no registration  fee  shall  be  required  from  any
 lobbyist  who in any year does not expend, incur or receive an amount in
 excess of five thousand dollars of reportable compensation and expenses,
 as provided in paragraph five of subdivision (b)  of  section  one-h  of
 this article, for the purposes of lobbying or of a public corporation. A
 fee  of  two hundred dollars shall be required for any subsequent state-
 ment of registration filed by a lobbyist during the same biennial  peri-
 od;  (iv)  THE  FIRST STATEMENT OF REGISTRATION FILED BIENNIALLY BY EACH
 LOBBYIST FOR THE FIRST BIENNIAL REGISTRATION REQUIREMENTS  FOR  CALENDAR
 YEAR  TWO THOUSAND TWENTY-FIVE AND THEREAFTER, SHALL BE ACCOMPANIED BY A
 REGISTRATION FEE OF TWO HUNDRED DOLLARS EXCEPT THAT NO REGISTRATION  FEE
 SHALL BE REQUIRED FROM ANY LOBBYIST WHO IS QUALIFIED AS AN EXEMPT ORGAN-
 IZATION  OR ENTITY BY THE UNITED STATES DEPARTMENT OF THE TREASURY UNDER
 SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE AND IN ANY YEAR DOES  NOT
 EXPEND,  INCUR OR RECEIVE AN AMOUNT IN EXCESS OF TEN THOUSAND DOLLARS OF
 S. 8305--B                         173
 
 REPORTABLE COMPENSATION AND EXPENSES, AS PROVIDED IN PARAGRAPH  FIVE  OF
 SUBDIVISION  (B)  OF  SECTION ONE-H OF THIS ARTICLE, FOR THE PURPOSES OF
 LOBBYING OR OF A PUBLIC CORPORATION. A FEE OF TWO HUNDRED DOLLARS  SHALL
 BE  REQUIRED  FOR  ANY  SUBSEQUENT  STATEMENT OF REGISTRATION FILED BY A
 LOBBYIST DURING THE SAME BIENNIAL PERIOD; (V) The statement of registra-
 tion filed after the due date of a biennial registration shall be accom-
 panied by a registration fee that is prorated to one hundred dollars for
 any registration filed after January first of the second  calendar  year
 covered  by  the biennial reporting requirement. In addition to the fees
 authorized by this section, the commission may impose  a  fee  for  late
 filing  of  a  registration  statement  required  by this section not to
 exceed twenty-five dollars for each day that the statement  required  to
 be  filed  is late, except that if the lobbyist making a late filing has
 not previously been required by statute to file such  a  statement,  the
 fee  for  late filing shall not exceed ten dollars for each day that the
 statement required to be filed is late.
   § 3. Subdivision (a) of section 1-h of the legislative law, as amended
 by chapter 14 of the laws of 2007, is amended to read as follows:
   (a) Any lobbyist required to file a statement of registration pursuant
 to section one-e of this article who in  any  lobbying  year  reasonably
 anticipates  that  during  the  year such lobbyist will expend, incur or
 receive combined reportable compensation and expenses in  an  amount  in
 excess  of  [five]  TEN  thousand dollars, OR TEN THOUSAND DOLLARS WHERE
 SUCH LOBBYIST IS QUALIFIED AS AN EXEMPT ORGANIZATION OR  ENTITY  BY  THE
 UNITED  STATES DEPARTMENT OF THE TREASURY UNDER SECTION 501(C)(3) OF THE
 INTERNAL REVENUE CODE as provided in paragraph five of  subdivision  (b)
 of  this  section,  for  the  purpose  of  lobbying, shall file with the
 commission a bi-monthly written report, on forms supplied by the commis-
 sion, by the fifteenth day next succeeding  the  end  of  the  reporting
 period  in  which the lobbyist was first required to file a statement of
 registration. Such reporting periods shall  be  the  period  of  January
 first  to  the last day of February, March first to April thirtieth, May
 first to June thirtieth, July first to  August  thirty-first,  September
 first  to  October  thirty-first  and November first to December thirty-
 first.
   § 4. Subdivision (a) of section 1-j of the legislative law, as amended
 by chapter 14 of the laws of 2007, is amended to read as follows:
   (a) Semi-annual reports  shall  be  filed  by  any  client  retaining,
 employing  or  designating  a  lobbyist or lobbyists, whether or not any
 such lobbyist was required to file a bi-monthly report, if  such  client
 reasonably  anticipates  that during the year such client will expend or
 incur an amount in excess of five  thousand  dollars,  OR  TEN  THOUSAND
 DOLLARS  WHERE  SUCH  LOBBYIST IS QUALIFIED AS AN EXEMPT ORGANIZATION OR
 ENTITY BY THE UNITED STATES DEPARTMENT OF  THE  TREASURY  UNDER  SECTION
 501(C)(3)  OF  THE  INTERNAL REVENUE CODE of combined reportable compen-
 sation and expenses, as provided in paragraph five of subdivision  [(c)]
 (B) of this section, for the purposes of lobbying.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
                                 PART AAA
 
   Section 1. The correction law is amended by adding a new section 138-b
 to read as follows:
   § 138-B. VISITOR TRANSPORTATION. IN CONJUNCTION WITH THE  INCARCERATED
 INDIVIDUAL VISITING PROGRAM, THE DEPARTMENT SHALL PROVIDE TRANSPORTATION
 S. 8305--B                         174
 
 FOR  VISITORS TO CORRECTIONAL FACILITIES ON A REGULAR BASIS, BUT NO LESS
 THAN BIMONTHLY, AT NO COST TO VISITORS. TRANSPORTATION SHALL BE PROVIDED
 FROM THE CITY OF NEW YORK, ROCHESTER, SYRACUSE, BUFFALO  AND  ALBANY  TO
 CORRECTIONAL  FACILITIES, AS DETERMINED BY THE COMMISSIONER. INFORMATION
 CONCERNING TRANSPORTATION SHALL BE POSTED  ON  THE  DEPARTMENT'S  PUBLIC
 WEBSITE,  AND  SHALL  BE AVAILABLE FROM THE TELEPHONE NUMBER DESIGNATED,
 PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT-A OF THIS  ARTICLE.  NOTICE
 OF  AVAILABLE  TRANSPORTATION SHALL BE PROVIDED TO INCARCERATED INDIVID-
 UALS UPON RECEPTION AND UPON TRANSFER TO A NEW CORRECTIONAL FACILITY.
   § 2. This act shall take effect one year after it shall have become  a
 law.
 
                                 PART BBB
 
   Section  1.  The  criminal  procedure law is amended by adding two new
 sections 440.00 and 440.11 to read as follows:
 § 440.00 DEFINITION.
   AS USED IN THIS ARTICLE, THE TERM "APPLICANT" MEANS A PERSON PREVIOUS-
 LY CONVICTED OF A CRIME WHO IS APPLYING FOR RELIEF UNDER THIS ARTICLE.
 § 440.11 MOTION TO VACATE JUDGMENT; CHANGE IN THE LAW.
   1. AT ANY TIME AFTER THE ENTRY OF A JUDGMENT OBTAINED AT TRIAL  OR  BY
 PLEA,  THE  COURT IN WHICH IT WAS ENTERED MAY, UPON MOTION OF THE APPLI-
 CANT, VACATE SUCH CONVICTION UPON THE  GROUND  THAT  THE  APPLICANT  WAS
 CONVICTED  OF ANY OFFENSE IN THE STATE OF NEW YORK WHICH HAS BEEN SUBSE-
 QUENTLY DECRIMINALIZED AND IS THUS A LEGAL NULLITY.
   2. IF THE COURT GRANTS A MOTION UNDER THIS SECTION,  IT  SHALL  VACATE
 THE  CONVICTION  ON  THE MERITS, DISMISS THE ACCUSATORY INSTRUMENT, SEAL
 THE CONVICTION, AND MAY TAKE SUCH ADDITIONAL ACTION AS IS APPROPRIATE IN
 THE CIRCUMSTANCES.
   § 2. Section 440.10 of the criminal procedure law, paragraph (g-1)  of
 subdivision  1 as added by chapter 19 of the laws of 2012, paragraph (h)
 of subdivision 1, paragraph (a) of subdivision 3 and  subdivision  4  as
 amended  and  subdivisions  7  and 8 as renumbered by chapter 332 of the
 laws of 2010, paragraph (i)  of  subdivision  1  and  subdivision  6  as
 amended by chapter 629 of the laws of 2021, paragraph (j) of subdivision
 1 as amended by chapter 131 of the laws of 2019, paragraph (k) of subdi-
 vision  1  as  amended by chapter 92 of the laws of 2021, paragraphs (b)
 and (c) of subdivision 2 as amended by chapter 501 of the laws of  2021,
 and  subdivision 9 as added by section 4 of part OO of chapter 55 of the
 laws of 2019, is amended to read as follows:
 § 440.10 Motion to vacate judgment.
   1. At any time after the entry of a judgment OBTAINED AT TRIAL  OR  BY
 PLEA, the court in which it was entered may, upon motion of the [defend-
 ant] APPLICANT, vacate such judgment upon the ground that:
   (a) The court did not have jurisdiction of the action or of the person
 of the [defendant] APPLICANT; or
   (b) The judgment was procured by duress, misrepresentation or fraud on
 the  part  of  the  court  or  a prosecutor or a person acting for or in
 behalf of a court or a prosecutor; or
   (c) [Material evidence adduced at a trial] EVIDENCE  THAT  WAS  LIKELY
 RELIED  UPON BY A FACT FINDER resulting in the judgment AT TRIAL OR THAT
 WAS LIKELY RELIED UPON BY ANY PARTY AS A BASIS FOR A PLEA AGREEMENT  was
 false  [and was, prior to the entry of the judgment, known by the prose-
 cutor or by the court to be false]; or
   (d) [Material evidence adduced by the people at a trial] EVIDENCE THAT
 WAS LIKELY RELIED UPON BY A FACT FINDER resulting  in  the  judgment  AT
 S. 8305--B                         175
 
 TRIAL  OR THAT WAS LIKELY RELIED UPON BY ANY PARTY AS A BASIS FOR A PLEA
 AGREEMENT was procured in violation  of  the  [defendant's]  APPLICANT'S
 rights under the constitution of this state or of the United States; or
   (e)  During the proceedings resulting in the judgment, the [defendant]
 APPLICANT, by reason of mental  disease  or  defect,  was  incapable  of
 understanding or participating in such proceedings; or
   (f)  Improper  [and  prejudicial]  conduct not appearing in the record
 occurred during a trial resulting in the judgment which conduct,  if  it
 had  appeared  in  the  record,  would  have  [required] MADE POSSIBLE a
 reversal of the judgment upon an appeal therefrom; or
   (g) New evidence has been discovered [since the entry  of  a  judgment
 based  upon  a  verdict of guilty after trial, which could not have been
 produced by the defendant at the trial even with due  diligence  on  his
 part  and  which]  OR  BECOME  AVAILABLE THAT, WHEN VIEWED ALONE OR WITH
 OTHER EVIDENCE, is of such character as to create a REASONABLE probabil-
 ity that had such evidence been received  at  the  trial  OR  DISCOVERED
 PRIOR  TO  TRIAL  OR  PLEA AGREEMENT THAT the verdict OR PLEA would have
 been more favorable to the [defendant; provided that a motion based upon
 such ground must be made with due diligence after the discovery of  such
 alleged  new  evidence]  APPLICANT. TYPES OF NEW EVIDENCE SHALL INCLUDE,
 BUT NOT BE LIMITED TO NEWLY AVAILABLE FORENSIC EVIDENCE OR EVIDENCE THAT
 HAS EITHER BEEN REPUDIATED BY THE EXPERT  WHO  ORIGINALLY  PROVIDED  THE
 OPINION  AT  A  HEARING  OR  TRIAL  OR THAT HAS BEEN UNDERMINED BY LATER
 SCIENTIFIC RESEARCH OR TECHNOLOGICAL ADVANCES; or
   (g-1) [Forensic DNA]  IN  CASES  INVOLVING  THE  FORENSIC  testing  of
 evidence  performed since the entry of a judgment, [(1) in the case of a
 defendant convicted after a guilty plea, the court has  determined  that
 the  defendant  has  demonstrated  a  substantial  probability  that the
 defendant was actually innocent of the offense of which he  or  she  was
 convicted,  or  (2) in the case of a defendant convicted after a trial,]
 the court has determined that there exists a reasonable probability that
 the verdict OR PLEA OFFER would have been more favorable to the [defend-
 ant] APPLICANT, OR THE APPLICANT WOULD HAVE REJECTED THE PLEA OFFER.
   (h) The judgment was obtained in violation of a right of the  [defend-
 ant]  APPLICANT  under  the  constitution of this state or of the United
 States, INCLUDING, BUT NOT LIMITED TO, A JUDGMENT ENTERED, WHETHER  UPON
 TRIAL OR GUILTY PLEA, AGAINST AN APPLICANT WHO IS ACTUALLY INNOCENT.  AN
 APPLICANT  IS  ACTUALLY INNOCENT WHERE THE APPLICANT PROVES BY A PREPON-
 DERANCE OF THE EVIDENCE THAT NO REASONABLE JURY OF THE APPLICANT'S PEERS
 WOULD HAVE FOUND THE APPLICANT GUILTY BEYOND A REASONABLE DOUBT; or
   (i) The judgment is a conviction where the  [defendant's]  APPLICANT'S
 participation in the offense was a result of having been a victim of sex
 trafficking  under section 230.34 of the penal law, sex trafficking of a
 child under section 230.34-a of the penal law, labor  trafficking  under
 section  135.35  of  the  penal  law, aggravated labor trafficking under
 section 135.37 of the penal law, compelling prostitution  under  section
 230.33 of the penal law, or trafficking in persons under the Trafficking
 Victims  Protection  Act  (United  States  Code,  title 22, chapter 78);
 provided that
   (i) official documentation of the [defendant's] APPLICANT'S status  as
 a  victim  of sex trafficking, labor trafficking, aggravated labor traf-
 ficking, compelling prostitution, or trafficking in persons at the  time
 of  the  offense  from a federal, state or local government agency shall
 create a presumption that the [defendant's] APPLICANT'S participation in
 the offense was a result of having been a  victim  of  sex  trafficking,
 labor trafficking, aggravated labor trafficking, compelling prostitution
 S. 8305--B                         176
 
 or  trafficking  in  persons,  but  shall not be required for granting a
 motion under this paragraph;
   (ii) a motion under this paragraph, and all pertinent papers and docu-
 ments, shall be confidential and may not be made available to any person
 or  public  or  private [entity] AGENCY except [where] WHEN specifically
 authorized by the court; and
   (iii) when a motion is filed under this paragraph, the court may, upon
 the consent of the petitioner and all of the  INVOLVED  state  [and]  OR
 local  prosecutorial agencies [that prosecuted each matter], consolidate
 into one proceeding a motion to vacate judgments imposed by distinct  or
 multiple criminal courts; or
   (j)  The  judgment is a conviction for [a class A or unclassified] ANY
 misdemeanor entered prior to the effective date of  this  paragraph  and
 satisfies  the  ground  prescribed in paragraph (h) of this subdivision.
 There shall be a rebuttable presumption that a  conviction  by  plea  to
 such  an  offense  was  not knowing, voluntary and intelligent, based on
 ongoing collateral consequences, including  potential  or  actual  immi-
 gration consequences, and there shall be a rebuttable presumption that a
 conviction  by  verdict  constitutes  cruel and unusual punishment under
 section five of article one of the  state  constitution  based  on  such
 consequences; or
   (k)  The  judgment occurred prior to the effective date of the laws of
 two thousand [twenty-one] TWENTY-THREE that amended this  paragraph  and
 is  a  conviction  for an offense as defined in [subparagraphs] SUBPARA-
 GRAPH (i), (ii), (iii) or (iv) of paragraph (k) of subdivision three  of
 section  160.50  of this part, OR A MISDEMEANOR UNDER THE FORMER ARTICLE
 TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, in which case the  court  shall
 presume  that  a  conviction by plea for the aforementioned offenses was
 not knowing, voluntary and intelligent  if  it  has  severe  or  ongoing
 consequences,  including  but  not  limited to potential or actual immi-
 gration consequences, and shall presume that a conviction by verdict for
 the aforementioned offenses constitutes  cruel  and  unusual  punishment
 under  section  five  of article one of the state constitution, based on
 those consequences. The people may rebut these presumptions[.]; OR
   (L) ANY OFFENSE IN THE STATE OF NEW YORK THAT AN  INTERMEDIATE  APPEL-
 LATE COURT, COURT OF APPEALS, OR UNITED STATES FEDERAL COURT WITH JURIS-
 DICTION  OVER  NEW  YORK STATE LAW ISSUES HAS DEEMED IN VIOLATION OF THE
 CONSTITUTION OF THIS STATE OR OF THE UNITED STATES, OR ANY  OTHER  RIGHT
 UNDER STATE OR FEDERAL LAW.
   2. Notwithstanding the provisions of subdivision one, the court [must]
 MAY deny a motion to vacate a judgment when:
   (a)  The  ground or issue raised upon the motion was previously deter-
 mined on the merits upon an appeal from the judgment, unless  since  the
 time  of  such  appellate  determination  there has been a retroactively
 effective change in the law controlling such issue. HOWEVER, IF  ALL  OF
 THE  EVIDENCE  CURRENTLY BEFORE THE COURT WAS NOT DULY CONSIDERED PREVI-
 OUSLY BY THE COURT, THE COURT SHALL GRANT THE MOTION OR ORDER THE  HEAR-
 ING; or
   (b)  The judgment is, at the time of the motion, appealable or pending
 on appeal, and sufficient facts appear on the record with respect to the
 ground or issue raised upon the motion to permit adequate review thereof
 upon such an appeal unless the issue raised upon such motion is ineffec-
 tive assistance of counsel. This paragraph shall not apply to  a  motion
 under paragraph (i), (J), (K) OR (L) of subdivision one of this section;
 or
 S. 8305--B                         177
 
   (c) [Although sufficient facts appear on the record of the proceedings
 underlying  the  judgment to have permitted, upon appeal from such judg-
 ment, adequate review of the ground or issue raised upon the motion,  no
 such appellate review or determination occurred owing to the defendant's
 unjustifiable failure to take or perfect an appeal during the prescribed
 period  or  to  his or her unjustifiable failure to raise such ground or
 issue upon an appeal actually perfected by him or her unless  the  issue
 raised upon such motion is ineffective assistance of counsel; or
   (d)]  The ground or issue raised relates solely to the validity of the
 sentence and not to the validity of the conviction. IN  SUCH  CASE,  THE
 COURT SHALL DEEM THE MOTION TO HAVE BEEN MADE PURSUANT TO SECTION 440.20
 OF THIS ARTICLE.
   [3.  Notwithstanding  the provisions of subdivision one, the court may
 deny a motion to vacate a judgment when:
   (a) Although facts in support of the ground or issue raised  upon  the
 motion  could with due diligence by the defendant have readily been made
 to appear on the record in a manner providing adequate basis for  review
 of  such ground or issue upon an appeal from the judgment, the defendant
 unjustifiably failed to adduce such matter prior  to  sentence  and  the
 ground or issue in question was not subsequently determined upon appeal.
 This  paragraph does not apply to a motion based upon deprivation of the
 right to counsel at the trial or upon failure  of  the  trial  court  to
 advise  the  defendant of such right, or to a motion under paragraph (i)
 of subdivision one of this section; or
   (b) The ground or issue raised upon the motion was  previously  deter-
 mined on the merits upon a prior motion or proceeding in a court of this
 state,  other  than  an  appeal  from  the judgment, or upon a motion or
 proceeding in a federal court; unless since the time  of  such  determi-
 nation  there  has  been  a  retroactively  effective  change in the law
 controlling such issue; or
   (c) Upon a previous motion made pursuant to this section, the  defend-
 ant was in a position adequately to raise the ground or issue underlying
 the present motion but did not do so.]
   (D)  Although  the  court may deny the motion under any of the circum-
 stances specified in this subdivision, in the interest  of  justice  and
 for  good cause shown it may in its discretion grant the motion if it is
 otherwise meritorious and vacate the judgment.
   [4.] 3. If the court grants the motion, it must, except as provided in
 subdivision [five] FOUR or [six] FIVE of this section, vacate the  judg-
 ment, and must EITHER:
   (A) dismiss AND SEAL the accusatory instrument, or
   (B) order a new trial, or
   (C) take such other action as is appropriate in the circumstances.
   [5.]  4.  Upon  granting  the motion upon the ground, as prescribed in
 paragraph (g) of subdivision one, that newly discovered evidence creates
 a probability that had such evidence been  received  at  the  trial  the
 verdict  would  have been more favorable to the [defendant] APPLICANT in
 that the conviction would have been for a lesser offense  than  the  one
 contained in the verdict, the court may either:
   (a) Vacate the judgment and order a new trial; or
   (b) With the consent of the people, modify the judgment by reducing it
 to  one  of  conviction for such lesser offense. In such case, the court
 must re-sentence the [defendant] APPLICANT accordingly.
   [6.] 5. If the court grants a motion under [paragraph  (i)  or]  para-
 graph  [(k)]  (H),  (I),  (J),  (K)  OR  (L)  of subdivision one of this
 section, it must vacate the judgment [and] ON THE  MERITS,  dismiss  the
 S. 8305--B                         178
 
 accusatory  instrument,  SEAL THE JUDGMENT, and may take such additional
 action as is appropriate in the circumstances. [In the case of a  motion
 granted  under  paragraph  (i)  of  subdivision one of this section, the
 court  must  vacate  the  judgment on the merits because the defendant's
 participation in the offense was a result of having  been  a  victim  of
 trafficking.
   7.]  6.  Upon  a new trial resulting from an order vacating a judgment
 pursuant to this section, the indictment is deemed to  contain  all  the
 counts  and to charge all the offenses which it contained and charged at
 the time the previous trial was commenced,  regardless  of  whether  any
 count was dismissed by the court in the course of such trial, except (a)
 those upon or of which the [defendant] APPLICANT was acquitted or deemed
 to  have  been  acquitted, and (b) those dismissed by the order vacating
 the judgment, and (c) those previously dismissed by an  appellate  court
 upon  an appeal from the judgment, or by any court upon a previous post-
 judgment motion.
   [8.] 7. Upon an order which vacates a judgment based upon  a  plea  of
 guilty to an accusatory instrument or a part thereof, but which does not
 dismiss the entire accusatory instrument, the criminal action is, in the
 absence  of  an  express  direction  to  the  contrary,  restored to its
 [prepleading] PRE-PLEADING  status  and  the  accusatory  instrument  is
 deemed to contain all the counts and to charge all the offenses which it
 contained and charged at the time of the entry of the plea, except those
 subsequently  dismissed  under circumstances specified in paragraphs (b)
 and (c) of subdivision six.  Where the plea of guilty  was  entered  and
 accepted,  pursuant  to  subdivision  three  of section 220.30, upon the
 condition that it constituted a complete disposition  not  only  of  the
 accusatory instrument underlying the judgment vacated but also of one or
 more other accusatory instruments against the [defendant] APPLICANT then
 pending  in  the  same  court, the order of vacation completely restores
 such other accusatory instruments; and such is the case even though such
 order dismisses the main accusatory instrument underlying the judgment.
   [9.] 8. Upon granting of a motion pursuant to paragraph (j) of  subdi-
 vision one of this section, the court may either:
   (a)  With the consent of the people, vacate the judgment or modify the
 judgment by reducing it to one of conviction for a lesser offense; or
   (b) Vacate the judgment and order a new trial wherein the  [defendant]
 APPLICANT enters a plea to the same offense in order to permit the court
 to resentence the [defendant] APPLICANT in accordance with the amendato-
 ry provisions of subdivision one-a of section 70.15 of the penal law.
   §  3.  Section  440.20 of the criminal procedure law, subdivision 1 as
 amended by chapter 1 of the laws of 1995, is amended to read as follows:
 § 440.20 Motion to set aside sentence; by [defendant] APPLICANT.
   1. At any time after the entry of a judgment, the court in  which  the
 judgment  was entered may, upon motion of the [defendant] APPLICANT, set
 aside the sentence upon the ground that it was  unauthorized,  illegally
 imposed,  EXCEEDED  THE  MAXIMUM  ALLOWED BY LAW, OBTAINED OR IMPOSED IN
 VIOLATION OF THE DEFENDANT'S CONSTITUTIONAL  RIGHTS,  or  WAS  otherwise
 invalid  as  a matter of law.  Where the judgment includes a sentence of
 death, the court may also set aside the sentence upon any of the grounds
 set forth in paragraph (b), (c), (f), (g) or (h) of subdivision  one  of
 section  440.10  as  applied  to  a separate sentencing proceeding under
 section 400.27, provided, however, that to  the  extent  the  ground  or
 grounds  asserted  include  one  or  more of the aforesaid paragraphs of
 subdivision one of section 440.10, the court must also  apply  [subdivi-
 sions]  SUBDIVISION  two [and three] of section 440.10, other than para-
 S. 8305--B                         179
 graph [(d)] (C) of [subdivision two of] such [section]  SUBDIVISION,  in
 determining  the motion. In the event the court enters an order granting
 a motion to set aside a sentence of death under this section, the  court
 must  either  direct  a  new  sentencing  proceeding  in accordance with
 section 400.27 or, to the extent that the  defendant  cannot  be  resen-
 tenced  to death consistent with the laws of this state or the constitu-
 tion of this state or of the United States, resentence the defendant  to
 life  imprisonment  without  parole or to a sentence of imprisonment for
 the class A-I felony of murder in the first degree other than a sentence
 of life imprisonment without parole. Upon granting the motion  upon  any
 of  the grounds set forth in the aforesaid paragraphs of subdivision one
 of section 440.10 and setting aside the sentence, the court must  afford
 the people a reasonable period of time, which shall not be less than ten
 days,  to  determine  whether  to  take an appeal from the order setting
 aside the sentence of death. The taking of an appeal by the people stays
 the effectiveness of that portion of the court's order  that  directs  a
 new sentencing proceeding.
   2.    Notwithstanding  the  provisions  of  subdivision one, the court
 [must] MAY deny such a motion when the ground or issue raised  thereupon
 was previously determined on the merits upon an appeal from the judgment
 or sentence, unless since the time of such appellate determination there
 has  been  a  retroactively effective change in the law controlling such
 issue.  HOWEVER, IF ALL OF THE EVIDENCE CURRENTLY BEFORE THE  COURT  WAS
 NOT  DULY  CONSIDERED  PREVIOUSLY BY THE COURT, THE COURT SHALL NOT DENY
 THE MOTION TO VACATE AND INSTEAD SHALL ORDER  A  HEARING  OR  GRANT  THE
 MOTION.  EVEN  IF  THE  COURT HAS ALREADY CONSIDERED ALL OF THE EVIDENCE
 CURRENTLY BEFORE THE COURT, THE COURT IN THE INTEREST OF JUSTICE AND FOR
 GOOD CAUSE SHOWN MAY GRANT THE MOTION IF IT IS OTHERWISE MERITORIOUS.
   3.  [Notwithstanding the provisions of subdivision one, the court  may
 deny  such a motion when the ground or issue raised thereupon was previ-
 ously determined on the merits upon a prior motion or  proceeding  in  a
 court  of  this state, other than an appeal from the judgment, or upon a
 prior motion or proceeding in a federal court, unless since the time  of
 such  determination  there  has been a retroactively effective change in
 the law controlling such issue.   Despite such  determination,  however,
 the  court  in  the interest of justice and for good cause shown, may in
 its discretion grant the motion if it is otherwise meritorious.
   4.]  An order setting aside a sentence pursuant to this  section  does
 not  affect  the  validity  or  status of the underlying conviction, and
 after entering such an order the court must resentence  the  [defendant]
 APPLICANT in accordance with the law.
   §  4. Section 440.30 of the criminal procedure law, subdivisions 1 and
 1-a as amended by chapter 19 of the laws of 2012 and the  opening  para-
 graph of paragraph (b) of subdivision 1 as amended by section 10 of part
 LLL of chapter 59 of the laws of 2019, is amended to read as follows:
 § 440.30 Motion to vacate judgment and to set aside sentence; procedure.
   1.  [(a)  A]  AN APPLICATION FOR ASSIGNMENT OF COUNSEL FOR A motion to
 vacate a judgment pursuant to section 440.10 OR 440.11 of  this  article
 and  a motion to set aside a sentence pursuant to section 440.20 of this
 article must be made in writing BY A PRO SE APPLICANT TO  THE  JUDGE  OR
 JUSTICE  WHO IMPOSED THE ORIGINAL SENTENCE and upon reasonable notice to
 the people. [Upon the motion, a defendant]
   (A) THE COURT SHALL ASSIGN DEFENSE COUNSEL IN CASES WHERE THERE  IS  A
 COLORABLE  CLAIM OF RELIEF ACCORDING TO THIS ARTICLE, IN ACCORDANCE WITH
 SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW. FOR THE  PURPOSE  OF
 THIS  SECTION,  A  COLORABLE  CLAIM  IS  A  CLAIM THAT, TAKING THE FACTS
 S. 8305--B                         180
 
 ALLEGED IN THE APPLICATION AS TRUE AND VIEWED IN A LIGHT MOST  FAVORABLE
 TO THE APPLICANT, WOULD ENTITLE THE APPLICANT TO RELIEF.
   (B)  IF  THE JUDGE DECIDES NOT TO ASSIGN COUNSEL, THEY SHALL STATE THE
 REASONS FOR DENYING THE REQUEST FOR ASSIGNMENT OF COUNSEL IN WRITING.
   (C) IF, AT THE TIME OF SUCH  APPLICANT'S  REQUEST  FOR  ASSIGNMENT  OF
 COUNSEL, THE ORIGINAL SENTENCING JUDGE OR JUSTICE NO LONGER WORKS IN THE
 COURT IN WHICH THE ORIGINAL SENTENCE WAS IMPOSED, THEN THE REQUEST SHALL
 BE  RANDOMLY  ASSIGNED TO ANOTHER JUDGE OR JUSTICE OF THE COURT IN WHICH
 THE ORIGINAL SENTENCE WAS IMPOSED.
   (D) APPLICANTS ALREADY REPRESENTED BY COUNSEL, EITHER APPOINTED PURSU-
 ANT TO SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW  OR  OTHERWISE
 RETAINED,  ARE  NOT  REQUIRED  TO  FILE AN APPLICATION FOR ASSIGNMENT OF
 COUNSEL.
   2. UPON THE REQUEST OF THE APPLICANT OR THE APPLICANT'S DEFENSE  COUN-
 SEL, THE COURT SHALL ORDER:
   (A)  THE  PEOPLE  TO  MAKE  AVAILABLE  A COPY OF ITS FILE OF THE CASE,
 INCLUDING ANY PHYSICAL EVIDENCE IN THE  PEOPLE'S  POSSESSION  AND  GRAND
 JURY MINUTES;
   (B)  THE APPLICANT'S PRIOR TRIAL AND APPELLATE DEFENSE COUNSEL TO MAKE
 AVAILABLE THEIR COMPLETE FILES RELATING TO THE CASE;
   (C) COURT CLERKS AND PROBATION DEPARTMENTS TO MAKE AVAILABLE THE COURT
 FILES OR PROBATION RECORDS RELATING TO THE CASE; AND
   (D) ANY LAW ENFORCEMENT AGENCY INVOLVED WITH THE CASE TO TURN OVER ITS
 FILES  OF  THE  CASE,  INCLUDING  POLICE  REPORTS,  WITNESS  STATEMENTS,
 EVIDENCE  VOUCHERS,  OR  ANY  OTHER  RELEVANT RECORDS OR EVIDENCE AT ITS
 DISPOSAL.
   (E) THE COURT SHALL FURTHER ENSURE THAT ANY DISCLOSURE OF EVIDENCE  OR
 PROPERTY  ORDERED  PURSUANT  TO  THIS  SUBDIVISION  MAY  BE SUBJECT TO A
 PROTECTIVE ORDER AS DEFINED IN SECTION 245.70 OF THIS PART, WHERE APPRO-
 PRIATE.
   (F) NOTHING IN THIS SECTION SHALL PRECLUDE THE COURT  FROM  CONDUCTING
 AN  IN  CAMERA  INSPECTION  OF  EVIDENCE  AND ISSUING A PROTECTIVE ORDER
 PURSUANT TO SECTION 245.70 OF THIS PART AT THE  REQUEST  OF  THE  PROSE-
 CUTION OR DEFENSE.
   3. (A) AN APPLICANT who is in a position adequately to raise more than
 one  ground  should  raise  every such ground upon which [he or she] THE
 APPLICANT intends to challenge the judgment or sentence. If  the  motion
 is  based  upon  the existence or occurrence of facts, the motion papers
 [must] MAY contain sworn allegations thereof, whether by the [defendant]
 APPLICANT or by another person or persons. Such sworn allegations may be
 based upon personal knowledge of the affiant  or  upon  information  and
 belief,  provided  that  in  the latter event the affiant must state the
 sources of such information and the grounds of such belief. The [defend-
 ant] APPLICANT may further submit documentary  evidence  or  information
 supporting or tending to support the allegations of the moving papers.
   (B)  The people may file with the court, and in such case must serve a
 copy thereof upon the [defendant] APPLICANT or [his or her]  THE  APPLI-
 CANT'S counsel, if any, an answer denying or admitting any or all of the
 allegations  of  the  motion  papers, and may further submit documentary
 evidence or information refuting or tending to refute such allegations.
   (C) After all papers of both parties have been filed,  and  after  all
 documentary  evidence  or  information,  if any, has been submitted, the
 court must consider the same for the purpose of ascertaining whether the
 motion is determinable without a hearing to resolve questions of fact.
   [(b) In conjunction with the filing or consideration of  a  motion  to
 vacate  a  judgment  pursuant  to  section  440.10  of this article by a
 S. 8305--B                         181
 defendant convicted after a trial, in cases where the court has  ordered
 an  evidentiary  hearing  upon such motion, the court may order that the
 people  produce  or  make  available  for  inspection  property  in  its
 possession,  custody, or control that was secured in connection with the
 investigation or prosecution of the defendant upon credible  allegations
 by  the  defendant  and  a  finding  by the court that such property, if
 obtained, would be probative to the determination of defendant's  actual
 innocence,  and  that the request is reasonable. The court shall deny or
 limit such a request upon a finding that such  a  request,  if  granted,
 would  threaten  the  integrity  or  chain of custody of property or the
 integrity of the processes or functions of a laboratory  conducting  DNA
 testing,  pose a risk of harm, intimidation, embarrassment, reprisal, or
 other substantially negative consequences to any person,  undermine  the
 proper  functions  of  law  enforcement including the confidentiality of
 informants, or on the basis of any other factor identified by the  court
 in  the  interests  of justice or public safety. The court shall further
 ensure that any property produced pursuant to this paragraph is  subject
 to  a  protective  order,  where  appropriate.  The court shall deny any
 request made pursuant to this paragraph where:
   (i) (1) the defendant's motion pursuant  to  section  440.10  of  this
 article  does not seek to demonstrate his or her actual innocence of the
 offense or offenses of which he  or  she  was  convicted  that  are  the
 subject  of  the motion, or (2) the defendant has not presented credible
 allegations and the court has not found that such property, if obtained,
 would be probative to the determination of the defendant's actual  inno-
 cence and that the request is reasonable;
   (ii)  the  defendant  has made his or her motion after five years from
 the date of the judgment of conviction;  provided,  however,  that  this
 limitation  period shall be tolled for five years if the defendant is in
 custody in connection with the conviction that is the subject of his  or
 her  motion,  and provided further that, notwithstanding such limitation
 periods, the court may consider the motion if the defendant  has  shown:
 (A)  that  he  or she has been pursuing his or her rights diligently and
 that some extraordinary circumstance prevented the timely filing of  the
 motion;  (B)  that  the  facts  upon which the motion is predicated were
 unknown to the defendant or his or her attorney and could not have  been
 ascertained  by the exercise of due diligence prior to the expiration of
 the statute of limitations; or (C) considering all circumstances of  the
 case including but not limited to evidence of the defendant's guilt, the
 impact  of granting or denying such motion upon public confidence in the
 criminal justice system, or upon the safety or welfare of the community,
 and the defendant's diligence in seeking to obtain the requested proper-
 ty or related relief, the  interests  of  justice  would  be  served  by
 considering the motion;
   (iii) the defendant is challenging a judgment convicting him or her of
 an  offense  that  is not a felony defined in section 10.00 of the penal
 law; or
   (iv) upon a finding by the court that the property requested  in  this
 motion would be available through other means through reasonable efforts
 by the defendant to obtain such property.
   1-a.] 4. (a) [(1)] Where the [defendant's] APPLICANT'S motion requests
 the  performance  of a forensic DNA test on specified evidence, and upon
 the court's determination that any evidence containing  deoxyribonucleic
 acid  ("DNA")  was  secured  in  connection  with  the trial OR THE PLEA
 resulting in the judgment, the court shall  grant  the  application  for
 forensic DNA testing of such evidence upon its determination that [if a]
 S. 8305--B                         182
 
 HAD  THE DNA test [had] RESULTS been [conducted on such evidence, and if
 the results had been admitted in the trial resulting in  the  judgment,]
 AVAILABLE  AT  THE TIME OF TRIAL OR PLEA, there [exists] IS a reasonable
 probability  that  the  verdict  would  have  been more favorable to the
 [defendant] APPLICANT.
   [(2) Where the defendant's motion for forensic DNA testing  of  speci-
 fied  evidence  is made following a plea of guilty and entry of judgment
 thereon convicting him or her of: (A)  a  homicide  offense  defined  in
 article one hundred twenty-five of the penal law, any felony sex offense
 defined in article one hundred thirty of the penal law, a violent felony
 offense  as defined in paragraph (a) of subdivision one of section 70.02
 of the penal law, or (B) any other felony offense to  which  he  or  she
 pled guilty after being charged in an indictment or information in supe-
 rior court with one or more of the offenses listed in clause (A) of this
 subparagraph, then the court shall grant such a motion upon its determi-
 nation  that  evidence containing DNA was secured in connection with the
 investigation or prosecution of the defendant, and if  a  DNA  test  had
 been  conducted  on  such evidence and the results had been known to the
 parties prior to the entry of the defendant's plea and judgment thereon,
 there exists a substantial probability  that  the  evidence  would  have
 established  the defendant's actual innocence of the offense or offenses
 that are the subject of the defendant's motion; provided, however, that:
   (i) the court shall consider whether the defendant had the opportunity
 to request such testing prior to entering a guilty plea, and,  where  it
 finds  that  the defendant had such opportunity and unjustifiably failed
 to do so, the court may deny such motion; and
   (ii) a court shall deny the defendant's motion for forensic DNA  test-
 ing  where the defendant has made his or her motion more than five years
 after entry of the judgment of conviction; except  that  the  limitation
 period  may be tolled if the defendant has shown: (A) that he or she has
 been pursuing his or her rights diligently and that  some  extraordinary
 circumstance  prevented the timely filing of the motion for forensic DNA
 testing; (B) that the facts upon which the  motion  is  predicated  were
 unknown  to the defendant or his or her attorney and could not have been
 ascertained by the exercise of due diligence prior to the expiration  of
 this statute of limitations; or (C) considering all circumstances of the
 case including but not limited to evidence of the defendant's guilt, the
 impact  of granting or denying such motion upon public confidence in the
 criminal justice system, or upon the safety or welfare of the community,
 and the defendant's diligence in seeking to obtain the requested proper-
 ty or related relief, the interests of justice would be served by  toll-
 ing such limitation period.]
   (b)  WHERE  THE APPLICANT'S MOTION FOR RELIEF REQUESTS THE PERFORMANCE
 OF ANY OTHER TESTING OF  FORENSIC  EVIDENCE  OR  ANY  PHYSICAL  EVIDENCE
 SECURED  IN  THE CASE, THE COURT SHALL GRANT THE APPLICATION FOR TESTING
 OF SUCH EVIDENCE, UPON ITS DETERMINATION THAT HAD THE RESULTS OF TESTING
 OF FORENSIC OR OTHER PHYSICAL EVIDENCE BEEN AVAILABLE  AT  THE  TIME  OF
 TRIAL  OR PLEA, THERE IS A REASONABLE PROBABILITY THAT THE VERDICT WOULD
 HAVE BEEN MORE FAVORABLE TO THE APPLICANT.
   (C) (I) In conjunction with the filing of a motion under this subdivi-
 sion, the court may direct the people to provide the [defendant]  APPLI-
 CANT  AND  THE APPLICANT'S COUNSEL with information in the possession of
 the people concerning the current physical  location  of  the  specified
 evidence  and if the specified evidence no longer exists or the physical
 location of the specified evidence is unknown, a representation to  that
 effect and information and documentary evidence in the possession of the
 S. 8305--B                         183
 
 people  concerning  the  last  known physical location of such specified
 evidence.
   (II) If there is a finding by the court that the specified evidence no
 longer  exists  or  the  physical location of such specified evidence is
 unknown, [such information in and of itself shall not be a  factor  from
 which  any inference unfavorable to the people may be drawn by the court
 in deciding a motion under this section] THE COURT MAY GRANT THE  APPLI-
 CANT'S  MOTION  AND VACATE THE JUDGMENT UPON A FINDING BY THE COURT THAT
 SUCH EVIDENCE IS UNAVAILABLE DUE TO MALFEASANCE OR NEGLECT.
   (III) The court, on motion of  the  [defendant]  APPLICANT,  may  also
 issue  a  subpoena  duces  tecum directing a public or private hospital,
 laboratory or other entity to produce such  specified  evidence  in  its
 possession and/or information and documentary evidence in its possession
 concerning the location and status of such specified evidence.
   [(c)] (D) In response to a motion under this paragraph, upon notice to
 the  parties  and to the entity required to perform the search the court
 may order an entity that has access to the  combined  DNA  index  system
 ("CODIS") or its successor system to compare a DNA profile obtained from
 probative  biological  material gathered in connection with the investi-
 gation or prosecution of the [defendant] APPLICANT against DNA databanks
 by keyboard searches, or a similar method that does not involve  upload-
 ing,  upon  a  court's determination that (1) such profile complies with
 federal bureau of investigation or  state  requirements,  whichever  are
 applicable and as such requirements are applied to law enforcement agen-
 cies  seeking  such a comparison, and that the data meet state DNA index
 system and/or national DNA index system criteria as  such  criteria  are
 applied to law enforcement agencies seeking such a comparison and (2) if
 such  comparison had been conducted, [and if the results had been admit-
 ted in the trial resulting in the judgment,]  a  reasonable  probability
 exists  that  the verdict would have been more favorable to the [defend-
 ant, or in a case involving a plea of guilty, if the  results  had  been
 available  to  the defendant prior to the plea, a reasonable probability
 exists that the conviction would not  have  resulted]  APPLICANT.    For
 purposes of this subdivision, a "keyboard search" shall mean a search of
 a DNA profile against the databank in which the profile that is searched
 is not uploaded to or maintained in the databank.
   [2.  If  it  appears  by conceded or uncontradicted allegations of the
 moving papers or of the answer, or by unquestionable documentary  proof,
 that  there  are  circumstances which require denial thereof pursuant to
 subdivision two of section 440.10 or subdivision two of section  440.20,
 the  court  must summarily deny the motion. If it appears that there are
 circumstances authorizing, though not requiring, denial thereof pursuant
 to subdivision three of section 440.10 or subdivision three  of  section
 440.20,  the  court  may in its discretion either (a) summarily deny the
 motion, or (b) proceed to consider the merits thereof.]
   [3.] 5. Upon considering the merits of  the  motion,  the  court  must
 grant  it  without  conducting  a hearing and vacate the judgment or set
 aside the sentence, as the case may be, if:
   (a) The moving papers allege a ground constituting legal basis for the
 motion; and
   (b) Such ground, if based upon the existence or occurrence  of  facts,
 is supported by sworn allegations thereof; and
   (c)  The sworn allegations of fact essential to support the motion are
 either conceded by the people to be true or are conclusively  substanti-
 ated by unquestionable documentary proof.
 S. 8305--B                         184
 
   [4.]  6. Upon considering the merits of the motion, the court may deny
 it without conducting a hearing if:
   (a)  The  moving  papers  do  not allege any ground constituting legal
 basis for the motion; or
   (b) [The motion is based upon the existence or occurrence of facts and
 the moving papers do not contain  sworn  allegations  substantiating  or
 tending to substantiate all the essential facts, as required by subdivi-
 sion one; or
   (c)]  An allegation of fact essential to support the motion is conclu-
 sively refuted by unquestionable documentary proof; or
   [(d)] (C) An allegation of fact essential to support the motion (i) is
 contradicted by a court record or other official document[, or  is  made
 solely  by  the  defendant  and is unsupported by any other affidavit or
 evidence,] and (ii) under these and all the other circumstances  attend-
 ing the case, there is no reasonable possibility that such allegation is
 true.
   [5.] 7. If the court does not determine the motion pursuant to [subdi-
 visions  two,  three or four] SUBDIVISION FIVE OR SIX, it must conduct a
 hearing and make findings of fact essential to the determination  there-
 of.  The [defendant] APPLICANT has a right to be present at such hearing
 but may waive such right in writing. If [he] THE APPLICANT does  not  so
 waive  it  and  if  [he]  THE APPLICANT is confined in a prison or other
 institution of this state, the court must cause [him] THE  APPLICANT  to
 be produced at such hearing.
   [6.] 8. At such a hearing, the [defendant] APPLICANT has the burden of
 proving  by  a  preponderance  of  the  evidence every fact essential to
 support the motion. AT THE HEARING, EITHER PARTY SHALL RECEIVE  A  DAILY
 COPY OF THE HEARING MINUTES, UPON REQUEST.
   [7.]  9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WHEN THE
 APPLICANT RAISES A COLORABLE CLAIM OF RELIEF PURSUANT TO  THIS  ARTICLE,
 THE  COURT  SHALL  NOT  SUMMARILY DENY THE MOTION ON THE GROUND THAT THE
 APPLICANT PREVIOUSLY MOVED FOR RELIEF UNDER THIS ARTICLE.
   10. Regardless of whether a hearing was  conducted,  the  court,  upon
 determining  the  motion,  must  set forth on the record its findings of
 fact, its conclusions of law and the reasons for its determination.
   § 5. Subdivision 4 of section 450.10 of the criminal procedure law, as
 amended by chapter 671 of the laws of 1971 and as renumbered by  chapter
 516 of the laws of 1986, is amended to read as follows:
   4.  An  order,  entered  pursuant  to [section 440.40, setting aside a
 sentence other than one of death, upon motion  of  the  People]  ARTICLE
 FOUR HUNDRED FORTY OF THIS TITLE, SHALL BE AUTHORIZED TO AN INTERMEDIATE
 APPELLATE COURT AS A MATTER OF RIGHT.
   §  6. Subdivision 5 of section 450.10 of the criminal procedure law is
 REPEALED.
   § 7. Section 216 of the judiciary law  is  amended  by  adding  a  new
 subdivision 7 to read as follows:
   7. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL COLLECT DATA AND REPORT
 EVERY  YEAR  IN  RELATION  TO APPLICATIONS AND MOTIONS FILED PURSUANT TO
 ARTICLE FOUR HUNDRED FORTY OF THE CRIMINAL PROCEDURE LAW, BROKEN DOWN BY
 EACH SECTION OF SUCH  ARTICLE  TO  INCLUDE  MOTIONS  FILED  PURSUANT  TO
 SECTIONS  440.10,  440.20,  440.40,  440.46, 440.46-A, AND 440.47 OF THE
 CRIMINAL PROCEDURE LAW. INFORMATION TO BE COLLECTED AND DISCLOSED  SHALL
 INCLUDE THE RAW NUMBER OF BOTH APPLICATIONS AND/OR MOTIONS FILED IN EACH
 COUNTY  AND  ON  APPEAL  IN  EACH JUDICIAL DEPARTMENT. INFORMATION SHALL
 INCLUDE THE TOP CONVICTION CHARGE FOR EACH APPLICATION OR  MOTION;  WHEN
 PRO  SE APPLICANTS REQUEST ASSIGNMENT OF COUNSEL PURSUANT TO SUBDIVISION
 S. 8305--B                         185
 
 TWO OF SECTION 440.30 OF THE CRIMINAL  PROCEDURE  LAW,  WHETHER  OR  NOT
 COUNSEL  WAS  ASSIGNED; THE OUTCOME OF EACH MOTION FILED, WHETHER DENIED
 WITHOUT HEARING, DENIED WITH HEARING, VACATUR GRANTED, OR OTHER; AND THE
 AVERAGE  LENGTH  OF  TIME MOTION UNDER ARTICLE FOUR HUNDRED FORTY OF THE
 CRIMINAL PROCEDURE LAW REMAINS PENDING  FOR  EACH  COUNTY.  SUCH  REPORT
 SHALL  AGGREGATE  THE  DATA COLLECTED BY COUNTY AND JUDICIAL DEPARTMENT.
 THE DATA SHALL BE AGGREGATED IN ORDER TO PROTECT THE IDENTITY  OF  INDI-
 VIDUAL  APPLICANTS.  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 EFFECTIVE DATE OF THIS
 SUBDIVISION. REPORTS FOR SUBSEQUENT PERIODS SHALL BE PUBLISHED  ANNUALLY
 THEREAFTER.
   § 8. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  9.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
                                 PART CCC
 
   Section 1. Section 218 of the judiciary law  is  REPEALED  and  a  new
 section 218 is added to read as follows:
   §  218.  AUDIO-VISUAL  COVERAGE  OF JUDICIAL PROCEEDINGS. 1.  AUTHORI-
 ZATION. SUBJECT TO THE AUTHORITY OF THE JUDGE OR JUSTICE PRESIDING  OVER
 THE  PROCEEDING  TO  EXERCISE  SOUND  DISCRETION  TO PROHIBIT FILMING OR
 PHOTOGRAPHING OF PARTICULAR  PARTICIPANTS  IN  JUDICIAL  PROCEEDINGS  TO
 ENSURE  SAFETY  AND THE FAIR ADMINISTRATION OF JUSTICE, AUDIO-VISUAL AND
 STILL PHOTOGRAPHY COVERAGE OF PUBLIC JUDICIAL PROCEEDINGS IN THE  APPEL-
 LATE  AND TRIAL COURTS OF THIS STATE SHALL BE ALLOWED IN ACCORDANCE WITH
 THIS SECTION.
   2. EQUIPMENT AND PERSONNEL. THE FOLLOWING SHALL BE  PERMITTED  IN  ANY
 TRIAL OR APPELLATE COURT PROCEEDING:
   (A)  AT LEAST TWO COMPACT VIDEO CAMERAS, EACH OPERATED BY NO MORE THAN
 ONE CAMERA PERSON.
   (B) AT LEAST ONE STILL PHOTOGRAPHER, EACH  USING  NOT  MORE  THAN  TWO
 STILL CAMERAS.
   (C)  AT  LEAST  ONE  AUDIO SYSTEM FOR RADIO BROADCAST PURPOSES.  AUDIO
 PICKUP FOR ALL MEDIA  PURPOSES  SHALL  BE  PROVIDED  BY  EXISTING  AUDIO
 SYSTEMS  PRESENT  IN  THE  COURTROOM.  IF  NO TECHNICALLY SUITABLE AUDIO
 SYSTEM EXISTS IN THE COURTROOM, MICROPHONES AND RELATED WIRING ESSENTIAL
 FOR MEDIA PURPOSES SHALL BE PERMISSIBLE PROVIDED  THEY  ARE  UNOBTRUSIVE
 AND  SHALL  BE LOCATED IN PLACES DESIGNATED IN ADVANCE OF ANY PROCEEDING
 BY THE JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING.
   (D) ADDITIONAL PERMITTED EQUIPMENT OR PERSONNEL SHALL  BE  WITHIN  THE
 SOLE DISCRETION AND AUTHORITY OF THE JUDGE OR JUSTICE PRESIDING OVER THE
 PROCEEDING.
   (E)  ANY  POOLING  ARRANGEMENTS  AMONG MEMBERS OF THE MEDIA CONCERNING
 EQUIPMENT AND PERSONNEL SHALL BE THE SOLE RESPONSIBILITY OF SUCH MEMBERS
 WITHOUT CALLING UPON THE JUDGE OR JUSTICE PRESIDING OVER THE  PROCEEDING
 TO  MEDIATE  ANY  DISPUTE  AS TO THE APPROPRIATE MEDIA REPRESENTATIVE OR
 EQUIPMENT AUTHORIZED TO COVER A PARTICULAR PROCEEDING. IN THE ABSENCE OF
 S. 8305--B                         186
 
 ADVANCE MEDIA  AGREEMENT  CONCERNING  DISPUTED  EQUIPMENT  OR  PERSONNEL
 ISSUES,  THE  JUDGE OR JUSTICE PRESIDING OVER THE PROCEEDING MAY EXCLUDE
 ALL CONTESTING MEDIA PERSONNEL FROM A PROCEEDING.
   3.  SOUND  AND  LIGHT  CRITERIA.  VIDEO AND AUDIO EQUIPMENT, INCLUDING
 STILL CAMERA EQUIPMENT, WHETHER FILM OR DIGITAL, SHALL NOT BE  PERMITTED
 IF  IT  PRODUCES  DISORIENTING  SOUND  OR  LIGHT. NO ARTIFICIAL LIGHTING
 DEVICE OF ANY KIND SHALL BE USED IN CONNECTION WITH THE VIDEO  EQUIPMENT
 OR STILL CAMERA.
   4.  LOCATION  OF EQUIPMENT PERSONNEL. VIDEO CAMERA EQUIPMENT AND STILL
 CAMERA PHOTOGRAPHERS SHALL BE POSITIONED IN SUCH LOCATION  OR  LOCATIONS
 IN  THE  COURTROOM  AS  SHALL  BE DESIGNATED BY THE CHIEF ADMINISTRATIVE
 JUDGE OF THE COURT OR THE CHIEF  ADMINISTRATIVE  JUDGE'S  DESIGNEE.  THE
 AREA  DESIGNATED  SHALL  PROVIDE  REASONABLE  ACCESS  TO COVERAGE OF THE
 PROCEEDINGS. STILL CAMERA PHOTOGRAPHERS SHALL ASSUME  A  FIXED  POSITION
 WITHIN  THE  DESIGNATED AREA AND SHALL NOT BE PERMITTED TO MOVE ABOUT TO
 OBTAIN PHOTOGRAPHS OF COURT PROCEEDINGS. MEDIA REPRESENTATIVES SHALL NOT
 MOVE ABOUT THE COURT FACILITY WHILE PROCEEDINGS ARE IN SESSION.
   5. EQUIPMENT MOVEMENT DURING PROCEEDINGS. NEWS MEDIA  PHOTOGRAPHIC  OR
 AUDIO EQUIPMENT SHALL NOT BE PLACED IN, REMOVED FROM, OR MOVED ABOUT THE
 COURT  FACILITY  EXCEPT  BEFORE  COMMENCEMENT  OR  AFTER  ADJOURNMENT OF
 PROCEEDINGS EACH DAY, OR DURING A RECESS.  NEITHER  VIDEO  CASSETTES  OR
 FILM  MAGAZINES  NOR  STILL  CAMERA FILM, DIGITAL MEDIA CARDS, OR LENSES
 SHALL BE CHANGED WITHIN A  COURTROOM  EXCEPT  DURING  A  RECESS  IN  THE
 PROCEEDING.
   6. COURTROOM LIGHT SOURCES. WITH THE CONCURRENCE OF THE CHIEF ADMINIS-
 TRATIVE  JUDGE  OF THE COURT, MODIFICATIONS AND ADDITIONS MAY BE MADE IN
 LIGHT SOURCES EXISTING IN THE COURTROOM, PROVIDED SUCH MODIFICATIONS  OR
 ADDITIONS ARE INSTALLED AND MAINTAINED WITHOUT PUBLIC EXPENSE.
   7.  CONFERENCES  OF  COUNSEL. TO PROTECT THE ATTORNEY-CLIENT PRIVILEGE
 AND THE EFFECTIVE RIGHT TO COUNSEL, THERE SHALL BE NO  AUDIO  PICKUP  OR
 BROADCAST OF CONFERENCES THAT OCCUR IN A COURTROOM BETWEEN ATTORNEYS AND
 THEIR  CLIENTS,  BETWEEN  CO-COUNSEL OF A CLIENT, OR BETWEEN COUNSEL AND
 THE PRESIDING JUDGE HELD AT THE BENCH.
   8. IMPERMISSIBLE USE OF MEDIA MATERIAL.  FILM,  DIGITAL  FILES,  VIDE-
 OTAPE,  STILL  PHOTOGRAPHS,  OR AUDIO REPRODUCTIONS CAPTURED OR RECORDED
 DURING OR BY VIRTUE OF COVERAGE OF A JUDICIAL PROCEEDING  SHALL  NOT  BE
 ADMISSIBLE  AS  EVIDENCE IN THE PROCEEDING OUT OF WHICH IT AROSE, IN ANY
 PROCEEDING SUBSEQUENT OR COLLATERAL THERETO, OR UPON RETRIAL  OR  APPEAL
 OF SUCH PROCEEDINGS.
   9.  WRITTEN ORDER. (A) AN ORDER RESTRICTING AUDIO-VISUAL COVERAGE WITH
 RESPECT TO A PARTICULAR PARTICIPANT SHALL BE IN WRITING AND BE  INCLUDED
 IN  THE  RECORD  OF SUCH PROCEEDING. THE ORDER MUST STATE GOOD CAUSE WHY
 SUCH COVERAGE WILL HAVE A SUBSTANTIAL EFFECT UPON THE  INDIVIDUAL  WHICH
 WOULD  BE  QUALITATIVELY  DIFFERENT  FROM  THE  EFFECT ON MEMBERS OF THE
 PUBLIC IN GENERAL AND THAT SUCH EFFECT WILL BE  QUALITATIVELY  DIFFERENT
 FROM  COVERAGE  BY OTHER TYPES OF MEDIA. BEFORE PROHIBITING AUDIO-VISUAL
 COVERAGE, THE PRESIDING JUDGE MUST  FIRST  CONSIDER  THE  IMPOSITION  OF
 SPECIAL LIMITATIONS, SUCH AS A DELAYED OR MODIFIED STILL OR AUDIO-VISUAL
 COVERAGE OF THE PROCEEDINGS.
   (B)  A PRESUMPTION OF GOOD CAUSE SHALL EXIST WITH RESPECT TO TESTIMONY
 OF MINORS.
   10. CLOSING THE COURTROOM. NO AUDIO-VISUAL COVERAGE WILL BE  PERMITTED
 DURING  ANY  PERIOD  IN  WHICH  THE  COURTROOM IS LAWFULLY CLOSED TO THE
 GENERAL PUBLIC IN ACCORDANCE WITH THE UNITED STATES AND NEW YORK CONSTI-
 TUTIONS, NEW YORK LAW, AND COURT RULES.
 S. 8305--B                         187
 
   11. APPELLATE REVIEW. INTERLOCUTORY REVIEW  OF  AN  ORDER  RESTRICTING
 AUDIO-VISUAL COVERAGE SHALL BE EXPEDITED IN ACCORDANCE WITH THE RULES OF
 THE APPLICABLE APPELLATE COURT.
   12.  REGULATIONS.  THE  PROVISIONS  OF  THIS  ACT  SHALL SUPERSEDE ANY
 PROVISION TO THE CONTRARY IN PART 131 OF THE RULES OF THE CHIEF ADMINIS-
 TRATIVE JUDGE, 22 NYCRR PART 131, PART 29 OF  THE  RULES  OF  THE  CHIEF
 JUDGE, 22 NYCRR PART 29, AND ANY OTHER COURT RULE REGARDING AUDIO-VISUAL
 COVERAGE OF JUDICIAL PROCEEDINGS.
   § 2. Section 52 of the civil rights law is REPEALED.
   §  3.  Subdivision  5 of section 751 of the judiciary law, as added by
 chapter 187 of the laws of 1992, is amended to read as follows:
   5. Where any member of the [news] media as [defined in subdivision two
 of] REFERENCED IN section two hundred eighteen of this chapter, willful-
 ly disobeys a lawful mandate of a court issued pursuant to such section,
 the punishment for each day that such contempt persists may be by a fine
 fixed in the discretion of the court, but not to  exceed  five  thousand
 dollars  per day or imprisonment, not exceeding thirty days, in the jail
 of the county where the court is sitting or both, in the  discretion  of
 the  court.  In  fixing the amount of the fine, the court shall consider
 all the facts  and  circumstances  directly  related  to  the  contempt,
 including, but not limited to: (i) the extent of the willful defiance of
 or  resistance  to the court's mandate, (ii) the amount of gain obtained
 by the willful disobedience of the mandate, and (iii)  the  effect  upon
 the  public  and  the parties to the proceeding of the willful disobedi-
 ence.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                 PART DDD
 
   Section  1.  Subparagraph  (i)  of  paragraph  (e) of subdivision 6 of
 section 137 of the correction law, as amended by chapter 322 of the laws
 of 2021, is amended to read as follows:
   (i) he or she [has a current diagnosis of,  or  is  diagnosed  at  the
 initial  or  any subsequent assessment conducted during the incarcerated
 individual's segregated confinement with, one or more of  the  following
 types  of  Axis  I diagnoses, as described in the most recent edition of
 the Diagnostic and Statistical Manual  of  Mental  Disorders,  and  such
 diagnoses  shall  be  made  based  upon  all  relevant clinical factors,
 including but not limited to symptoms related to such diagnoses:
   (A) schizophrenia (all sub-types),
   (B) delusional disorder,
   (C) schizophreniform disorder,
   (D) schizoaffective disorder,
   (E) brief psychotic disorder,
   (F) substance-induced psychotic disorder (excluding  intoxication  and
 withdrawal),
   (G) psychotic disorder not otherwise specified,
   (H) major depressive disorders, or
   (I)  bipolar  disorder  I  and  II]  IS A PERSON WITH A SERIOUS MENTAL
 ILLNESS, AS DEFINED IN SUBDIVISION FIFTY-TWO  OF  SECTION  1.03  OF  THE
 MENTAL HYGIENE LAW;
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                 PART EEE
 S. 8305--B                         188
 
   Section 1. Section 722-b of the county law, as amended by section 1 of
 part GG of chapter 56 of the  laws  of  2023,  is  amended  to  read  as
 follows:
   §  722-b.  Compensation  and  reimbursement for representation. 1. All
 counsel assigned in accordance with a plan of a bar association conform-
 ing to the requirements of section  seven  hundred  twenty-two  of  this
 article  whereby the services of private counsel are rotated and coordi-
 nated by an administrator shall at the conclusion of the  representation
 receive:
   (A)  FOR  REPRESENTATION OF A PERSON ENTITLED TO REPRESENTATION BY LAW
 WHO IS INITIALLY CHARGED WITH A MISDEMEANOR OR  LESSER  OFFENSE  AND  NO
 FELONY,  COMPENSATION  FOR  SUCH MISDEMEANOR OR LESSER OFFENSE REPRESEN-
 TATION AT A RATE OF ONE HUNDRED FIFTY-EIGHT DOLLARS PER  HOUR  FOR  TIME
 EXPENDED  IN  COURT  OR  BEFORE  A MAGISTRATE, JUDGE OR JUSTICE, AND ONE
 HUNDRED FIFTY-EIGHT DOLLARS PER HOUR FOR TIME REASONABLY EXPENDED OUT OF
 COURT, AND SHALL RECEIVE REIMBURSEMENT FOR EXPENSES REASONABLY INCURRED;
 AND
   (B) for representation of a person in all OTHER cases governed by this
 article, including all representation in  an  appellate  court,  compen-
 sation  at  a  rate  of one hundred [fifty-eight] SIXTY-FOUR dollars per
 hour for time expended in court before a magistrate,  judge  or  justice
 and  one  hundred  [fifty-eight]  SIXTY-FOUR  dollars  per hour for time
 reasonably expended out of court, and shall  receive  reimbursement  for
 expenses reasonably incurred.
   1-A. (A) THE HOURLY RATES SET BY PARAGRAPHS (A) AND (B) OF SUBDIVISION
 ONE OF THIS SECTION SHALL BE ADJUSTED ANNUALLY, EFFECTIVE APRIL FIRST OF
 EACH YEAR, BEGINNING IN THE YEAR TWO THOUSAND TWENTY-SIX.
   (B) THE HOURLY RATE FOR REPRESENTATION ESTABLISHED UNDER PARAGRAPH (A)
 OF  SUBDIVISION  ONE  OF THIS SECTION SHALL BE ADJUSTED TO EQUAL NO LESS
 THAN EIGHTY PERCENT OF THE HOURLY RATE CALCULATED UNDER PARAGRAPH (C) OF
 THIS SUBDIVISION, ROUNDED TO THE NEAREST DOLLAR.
   (C) THE HOURLY RATE FOR REPRESENTATION UNDER PARAGRAPH (B) OF SUBDIVI-
 SION ONE OF THIS SECTION SHALL BE ADJUSTED ANNUALLY  TO  EQUAL  NO  LESS
 THAN  THE  HOURLY  RATE PAID TO ASSIGNED COUNSEL IN NON-CAPITAL CASES IN
 FEDERAL DISTRICT COURT PURSUANT TO 18 U.S.C. § 3006A  AND  RELATED  LAWS
 AND REGULATIONS FOR THE CALENDAR YEAR TWO YEARS PRIOR.
   2.  (A)  Except  as  provided  in  subdivision  three of this section,
 compensation for time expended in providing representation  pursuant  to
 subdivision  one  of this section shall not exceed ten thousand dollars,
 PROVIDED THAT SUCH FIGURE SHALL BE ADJUSTED  ANNUALLY,  EFFECTIVE  APRIL
 FIRST OF EACH YEAR, BEGINNING IN THE YEAR TWO THOUSAND TWENTY-SIX.
   (B)  FOR REPRESENTATION UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
 SECTION, THE CASE COMPENSATION MAXIMUM SHALL  BE  ADJUSTED  ANNUALLY  TO
 EQUAL  NO  LESS  THAN  EIGHTY  PERCENT  OF THE CASE COMPENSATION MAXIMUM
 CALCULATED UNDER PARAGRAPH (C) OF THIS SUBDIVISION, ROUNDED TO THE NEAR-
 EST DOLLAR.
   (C) FOR REPRESENTATION UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF  THIS
 SECTION,  THE  CASE  COMPENSATION  MAXIMUM SHALL BE ADJUSTED ANNUALLY TO
 EQUAL NO LESS THAN THE CASE COMPENSATION MAXIMUM FOR ASSIGNED COUNSEL IN
 NON-CAPITAL CASES IN FEDERAL DISTRICT COURT  PURSUANT  TO  18  U.S.C.  §
 3006A  AND  RELATED LAWS AND REGULATIONS FOR THE CALENDAR YEAR TWO YEARS
 PRIOR.
   3. For representation on an  appeal,  compensation  and  reimbursement
 shall  be  fixed  by  the appellate court. For all other representation,
 compensation and reimbursement shall be fixed by the trial court  judge.
 In  extraordinary  circumstances  a trial or appellate court may provide
 S. 8305--B                         189
 
 for compensation in excess of the foregoing limits and  for  payment  of
 compensation and reimbursement for expenses before the completion of the
 representation.
   4. Each claim for compensation and reimbursement shall be supported by
 a  sworn  statement  specifying  the  time  expended, services rendered,
 expenses incurred and  reimbursement  or  compensation  applied  for  or
 received  in  the  same  case from any other source. No counsel assigned
 hereunder shall seek or accept any fee for representing  the  party  for
 whom  [he or she] SUCH COUNSEL is assigned without approval of the court
 as herein provided.
   § 2. Subdivision 3 of section 35 of the judiciary law, as  amended  by
 section  3  of  part GG of chapter 56 of the laws of 2023, is amended to
 read as follows:
   3. a. No counsel assigned pursuant  to  this  section  shall  seek  or
 accept  any  fee  for  representing the person for whom [he or she] SUCH
 COUNSEL is assigned without approval of the court  as  herein  provided.
 Whenever it appears that such person is financially able to obtain coun-
 sel  or  make partial payment for the representation, counsel may report
 this fact to the court and the court may  terminate  the  assignment  or
 authorize  payment,  as  the  interests  of justice may dictate, to such
 counsel. Counsel assigned hereunder  shall  at  the  conclusion  of  the
 representation receive compensation at a rate of one hundred fifty-eight
 dollars per hour for time expended in court, and one hundred fifty-eight
 dollars  per  hour  for time reasonably expended out of court, and shall
 receive reimbursement for expenses reasonably  incurred,  PROVIDED  THAT
 SUCH  FIGURE  SHALL  BE ADJUSTED ANNUALLY, EFFECTIVE APRIL FIRST OF EACH
 YEAR, TO EQUAL NO LESS THAN THE HOURLY RATE CALCULATED  UNDER  PARAGRAPH
 (B)  OF  SUBDIVISION  ONE-A OF SECTION SEVEN HUNDRED TWENTY-TWO-B OF THE
 COUNTY LAW.
   b. For representation upon a hearing, compensation  and  reimbursement
 shall  be  fixed  by  the  court  wherein  the hearing was held and such
 compensation shall not exceed ten thousand dollars.  For  representation
 in  an appellate court, compensation and reimbursement shall be fixed by
 such court and such compensation shall not exceed ten thousand  dollars,
 PROVIDED  THAT  SUCH  FIGURE SHALL BE ADJUSTED ANNUALLY, EFFECTIVE APRIL
 FIRST OF EACH YEAR, TO EQUAL NO LESS THAN THE CASE COMPENSATION  MAXIMUM
 CALCULATED  UNDER  PARAGRAPH  (C)  OF  SUBDIVISION  TWO OF SECTION SEVEN
 HUNDRED TWENTY-TWO-B OF THE COUNTY LAW.  In extraordinary  circumstances
 the  court  may  provide  for  compensation  in  excess of the foregoing
 limits.
   § 3. This act shall take effect April 1, 2025.
 
                                 PART FFF
 
   Section 1. Paragraph 1 of section 5-4.1 of  the  estates,  powers  and
 trusts law, as amended by chapter 114 of the laws of 2003, is amended to
 read as follows:
   1.  The  personal  representative, duly appointed in this state or any
 other jurisdiction, of a decedent [who is survived by distributees]  may
 maintain  an  action  to  recover damages for a wrongful act, neglect or
 default which caused the decedent's death against  a  person  who  would
 have  been  liable to the decedent by reason of such wrongful conduct if
 death had not ensued. Such an action  must  be  commenced  within  [two]
 THREE  years  after  the  decedent's  death[; provided, however, that an
 action on behalf of a decedent whose death was caused by  the  terrorist
 attacks  on  September eleventh, two thousand one, other than a decedent
 S. 8305--B                         190
 identified by the attorney general of the United States as a participant
 or conspirator in such attacks, must be commenced within two  years  and
 six  months after the decedent's death]. When the [distributees] PERSONS
 FOR  WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART MAY BE BROUGHT do not
 participate in the administration of the decedent's estate under a  will
 appointing  an executor who refuses to bring such action, the [distribu-
 tees] PERSONS FOR WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART  MAY  BE
 BROUGHT are entitled to have an administrator appointed to prosecute the
 action for their benefit.
   §  2. Paragraph (a) of section 5-4.3 of the estates, powers and trusts
 law, as amended by chapter 100 of the laws of 1982, is amended  to  read
 as follows:
   (a)  The  damages awarded to the plaintiff may be such sum as the jury
 or, where issues of fact are tried without a jury, the court or  referee
 deems  to  be  fair  and  just compensation for the [pecuniary] injuries
 resulting from the decedent's death to the persons for whose benefit the
 action is brought. In every such action, in addition to any other lawful
 element of recoverable damages, [the reasonable expenses of medical aid,
 nursing and attention incident to  the  injury  causing  death  and  the
 reasonable funeral expenses of the decedent paid by the distributees, or
 for  the  payment of which any distributee is responsible, shall also be
 proper elements of damage]  COMPENSATION FOR THE FOLLOWING  DAMAGES  MAY
 BE  RECOVERED:   (I) REASONABLE FUNERAL EXPENSES OF THE DECEDENT PAID BY
 THE PERSONS FOR WHOSE BENEFIT THE ACTION IS BROUGHT, OR FOR THE  PAYMENT
 OF  WHICH ANY PERSONS FOR WHOSE BENEFIT THE ACTION IS BROUGHT IS RESPON-
 SIBLE; (II) REASONABLE EXPENSES FOR MEDICAL CARE INCIDENT TO THE  INJURY
 CAUSING  DEATH, INCLUDING BUT NOT LIMITED TO DOCTORS, NURSING, ATTENDANT
 CARE, TREATMENT, HOSPITALIZATION OF THE DECEDENT, AND  MEDICINES;  (III)
 GRIEF  OR  ANGUISH  CAUSED  BY  THE DECEDENT'S DEATH; (IV) LOSS OF LOVE,
 SOCIETY, PROTECTION, COMFORT, COMPANIONSHIP,  AND  CONSORTIUM  RESULTING
 FROM  THE  DECEDENT'S  DEATH;  (V) PECUNIARY INJURIES, INCLUDING LOSS OF
 SERVICES, SUPPORT, ASSISTANCE, AND LOSS OR DIMINISHMENT OF  INHERITANCE,
 RESULTING FROM THE DECEDENT'S DEATH; AND (VI) LOSS OF NURTURE, GUIDANCE,
 COUNSEL,  ADVICE,  TRAINING, AND EDUCATION RESULTING FROM THE DECEDENT'S
 DEATH.  Interest upon the principal sum recovered by the plaintiff  from
 the  date of the decedent's death shall be added to and be a part of the
 total sum awarded.
   § 3. Section 5-4.4 of the estates, powers and  trusts  law,  paragraph
 (a) as amended by chapter 357 of the laws of 1975, and the opening para-
 graph of paragraph (a) as amended by chapter 595 of the laws of 1992, is
 amended to read as follows:
 § 5-4.4 Distribution of damages recovered
   (a)  The  damages,  as  prescribed  by  5-4.3, whether recovered in an
 action or by settlement without an action, are exclusively for the bene-
 fit of the  decedent's  [distributees  and,  when  collected,  shall  be
 distributed  to  the  persons  entitled  thereto  under 4-1.1 and 5-4.5,
 except that where the decedent is survived by a parent or parents and  a
 spouse  and no issue, the parent or parents will be deemed to be distri-
 butees for purposes of this section]  SURVIVING  CLOSE  FAMILY  MEMBERS,
 WHICH  SHALL BE LIMITED TO DECEDENT'S SPOUSE OR DOMESTIC PARTNER, ISSUE,
 FOSTER-CHILDREN, STEP-CHILDREN, AND STEP-GRANDCHILDREN, PARENTS,  GRAND-
 PARENTS,  STEP-PARENTS, STEP-GRANDPARENTS, SIBLINGS OR ANY PERSON STAND-
 ING IN LOCO PARENTIS TO THE DECEDENT. THE FINDER OF FACT SHALL DETERMINE
 WHICH PERSONS ARE ENTITLED TO DAMAGES AS CLOSE  FAMILY  MEMBERS  OF  THE
 DECEDENT UNDER THIS SECTION BASED UPON THE SPECIFIC CIRCUMSTANCES RELAT-
 S. 8305--B                         191
 
 ING  TO  THE PERSON'S RELATIONSHIP WITH THE DECEDENT.  The damages shall
 be distributed subject to the following:
   (1)   Such damages shall be distributed by the personal representative
 to the persons entitled thereto in proportion to the  [pecuniary]  inju-
 ries  suffered  by them, such proportions to be determined after a hear-
 ing, on application of the personal representative or any  [distributee]
 PERSONS  FOR  WHOSE  BENEFIT  THE ACTION IS BROUGHT, at such time and on
 notice to all interested persons in such manner as the court may direct.
 If no action is brought, such determination shall be made by the  surro-
 gate  of the county in which letters were issued to the plaintiff; if an
 action is brought, by the court having jurisdiction of the action or  by
 the surrogate of the county in which letters were issued.
   (2)    The  court  which determines the proportions of the [pecuniary]
 injuries suffered by the [distributees] PERSONS FOR  WHOSE  BENEFIT  THE
 ACTION  IS  BROUGHT,  as provided in subparagraph (1) OF THIS PARAGRAPH,
 shall also decide any question  concerning  the  disqualification  of  a
 parent,  under 4-1.4 OF THIS CHAPTER, or a surviving spouse, under 5-1.2
 OF THIS ARTICLE, to share in the damages recovered.
   (b)   The reasonable expenses of the  action  or  settlement  and,  if
 included  in  the  damages recovered, the reasonable expenses of medical
 aid, nursing and attention incident to the injury causing death and  the
 reasonable  funeral  expenses  of the decedent may be fixed by the court
 which determines the proportions of the [pecuniary] injuries suffered by
 the [distributees] PERSONS FOR WHOSE BENEFIT THE ACTION IS  BROUGHT,  as
 provided  in  subparagraph  (1)  OF THIS PARAGRAPH, upon notice given in
 such manner and to such persons  as  the  court  may  direct,  and  such
 expenses may be deducted from the damages recovered.  The commissions of
 the  personal representative upon the residue may be fixed by the surro-
 gate, upon notice given in such manner and to such persons as the surro-
 gate may direct or upon the judicial settlement of the  account  of  the
 personal  representative,  and such commissions may be deducted from the
 damages recovered.
   (c)  In the event that an action is brought,  as  authorized  in  this
 part, and there is no recovery or settlement, the reasonable expenses of
 such  unsuccessful  action, excluding counsel fees, shall be payable out
 of the assets of the decedent's estate.
   (D) FOR THE PURPOSES OF THIS  SECTION,  THE  TERM  "DOMESTIC  PARTNER"
 SHALL  HAVE THE SAME MEANING AS DEFINED PURSUANT TO SECTION TWO THOUSAND
 NINE HUNDRED SIXTY-ONE OF THE PUBLIC HEALTH LAW.
   § 4. Paragraphs (a) and (b) of section 5-4.6 of  the  estates,  powers
 and  trusts  law, paragraph (a) as amended and paragraph (b) as added by
 chapter 719 of the laws of 2005, are amended to read as follows:
   (a) Within sixty days of the application of an administrator appointed
 under SECTION 5-4.1 OF THIS PART or a  personal  representative  to  the
 court  in  which  an action for wrongful act, neglect or default causing
 the death of a decedent is pending, the court shall, after inquiry  into
 the merits of the action and the amount of damages proposed as a compro-
 mise  either  disapprove the application or approve in writing a compro-
 mise for such amount as it shall  determine  to  be  adequate  including
 approval  of  attorneys  fees  and  other  payable expenses as set forth
 below, and shall order the defendant to pay all sums payable  under  the
 order  of  compromise,  within the time frames set forth in section five
 thousand three-a of the civil practice law and rules,  to  the  attorney
 for  the  administrator  or  personal representative for placement in an
 interest bearing escrow account for the benefit  of  the  [distributees]
 S. 8305--B                         192
 PERSONS  FOR  WHOSE BENEFIT THE ACTION IS BROUGHT.  The order shall also
 provide for the following:
   (1)  Upon collection of the settlement funds and creation of an inter-
 est bearing escrow  account,  the  attorney  for  the  administrator  or
 personal  representative  shall pay from the account all due and payable
 expenses, excluding attorneys fees,  approved  by  the  court,  such  as
 medical bills, funeral costs and other liens on the estate.
   (2)  All  attorneys  fees approved by the court for the prosecution of
 the action for wrongful  act,  neglect  or  default,  inclusive  of  all
 disbursements, shall be immediately payable from the escrow account upon
 submission  to  the  trial court proof of filing of a petition for allo-
 cation and distribution in  the  surrogate's  court  on  behalf  of  the
 decedent's estate.
   (3)  The  attorney for the administrator or personal representative in
 the action for wrongful act, neglect or  default  who  receives  payment
 under  this  section  shall continue to serve as attorney for the estate
 until the entry of a final decree in the surrogate's court.
   (b) If any of the [distributees] PERSONS FOR WHOSE BENEFIT THE  ACTION
 IS  BROUGHT  is  an  infant,  incompetent, person who is incarcerated or
 person under disability, the court shall determine whether a guardian ad
 litem is required before any payments are made, in which case the  court
 will  seek an immediate appointment of a guardian ad litem by the surro-
 gate's court or, if the surrogate's court defers, the court  shall  make
 such appointment. Any guardian appointed for this purpose shall continue
 to  serve as the guardian ad litem for the person requiring same for all
 other purposes.
   § 5. This act shall take effect immediately and  shall  apply  to  all
 causes  of  action  that  accrue on or after July 1, 2018, regardless of
 when filed.
 
                                 PART GGG
 
   Section 1. (a) The  department  of  environmental  conservation  shall
 conduct a beneficial use study to determine ecological restoration needs
 in Jamaica Bay. Such study shall include, but not be limited to:
   (i) a description of the bathymetry of target areas of Jamaica Bay and
 a map of the borrow pits;
   (ii)  the  ecological service quality of the borrow pits over multiple
 weather seasons at multiple depths, including in-depth analysis  of  the
 populations of fin fish species that utilize such areas during different
 seasons;
   (iii) the geotechnical conditions of all pit bottoms;
   (iv)  the  significance of the borrow pits regarding the absorption of
 heat during summer months when adjacent shallow  areas  experience  ulva
 sulfide conditions; and
   (v) any other policy recommendations regarding the ecological restora-
 tion of Jamaica Bay.
   (b) The department of environmental conservation shall:
   (i)  issue a report on the findings of such study to the governor, the
 temporary president of the senate and the speaker  of  the  assembly  no
 later than March 30, 2029; and
   (ii)  publish such report on the department of environmental conserva-
 tion's website.
   (c) There shall be a moratorium of any placement of any type of  sedi-
 ment  or  fill  into the borrow pits in Jamaica Bay for a period of five
 S. 8305--B                         193
 years commencing on the effective date of this act, or until  the  study
 is completed and published, whichever is later.
   § 2. This act shall take effect immediately.
 
                                 PART HHH
 
   Section  1. Section 60.35 of the penal law, as amended by section 1 of
 part E of chapter 56 of the laws of 2004, subparagraphs  (i),  (ii)  and
 (iii)  of paragraph (a) of subdivision 1 as amended by section 1 of part
 DD of chapter 56 of the laws of 2008, paragraph (b) of subdivision 1  as
 amended  by chapter 320 of the laws of 2006, subdivision 4 as amended by
 chapter 525 of the laws of 2013, subdivision 5 as amended by chapter 322
 of the laws of 2021, and subdivision 8 as  amended  by  section  121  of
 subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
 read as follows:
 § 60.35 Mandatory FELONY surcharge, sex offender registration  fee,  DNA
           databank  fee,  supplemental sex offender victim fee and crime
           victim assistance fee required in certain cases.
   1. (a) Except as provided in section  eighteen  hundred  nine  of  the
 vehicle  and  traffic law and section 27.12 of the parks, recreation and
 historic preservation law, whenever  proceedings  in  an  administrative
 tribunal or a court of this state result in a conviction for a felony, a
 misdemeanor, or a violation, as these terms are defined in section 10.00
 of  this  chapter,  there  shall  be  levied  at sentencing a [mandatory
 surcharge,] sex offender registration fee, DNA  databank  fee  [and],  a
 crime  victim  assistance  fee, AND A MANDATORY SURCHARGE in addition to
 any sentence required or permitted by law, PROVIDED THAT THERE SHALL  BE
 NO  MANDATORY  SURCHARGE  LEVIED  IN  A  CONVICTION FOR A MISDEMEANOR OR
 VIOLATION. MANDATORY SURCHARGES SHALL BE LEVIED in accordance  with  the
 following schedule:
   (i)  a person convicted of a felony shall pay a mandatory surcharge of
 three hundred dollars and a crime victim assistance fee  of  twenty-five
 dollars;
   (ii)  a  person  convicted  of  a  misdemeanor  shall pay [a mandatory
 surcharge of one  hundred  seventy-five  dollars  and]  a  crime  victim
 assistance fee of twenty-five dollars;
   (iii)  a  person  convicted  of  a  violation  shall  pay [a mandatory
 surcharge of ninety-five dollars and] a crime victim assistance  fee  of
 twenty-five dollars;
   (iv) a person convicted of a sex offense as defined by subdivision two
 of section one hundred sixty-eight-a of the correction law or a sexually
 violent  offense  as defined by subdivision three of section one hundred
 sixty-eight-a of the correction law shall, in addition  to  a  mandatory
 FELONY  surcharge  and A crime victim assistance fee, pay a sex offender
 registration fee of fifty dollars[.]; AND
   (v) a person convicted of a designated offense as defined by  subdivi-
 sion  seven  of  section  nine  hundred ninety-five of the executive law
 shall, in addition to a mandatory FELONY surcharge and  A  crime  victim
 assistance fee, pay a DNA databank fee of fifty dollars.
   (b)  When  the  felony or misdemeanor conviction in subparagraphs (i),
 (ii) or (iv) of paragraph  (a)  of  this  subdivision  results  from  an
 offense  contained in article one hundred thirty of this chapter, incest
 in the third, second or first degree  as  defined  in  sections  255.25,
 255.26 and 255.27 of this chapter or an offense contained in article two
 hundred  sixty-three  of  this chapter, the person convicted shall pay a
 S. 8305--B                         194
 
 supplemental sex offender victim fee of one thousand dollars in addition
 to the mandatory FELONY surcharge and any other fee.
   2.  Where  a  person  is convicted of two or more crimes or violations
 committed through a single act or omission, or through an act  or  omis-
 sion  which  in  itself  constituted one of the crimes or violations and
 also was a material element of the  other,  the  court  shall  impose  a
 mandatory  FELONY surcharge and a crime victim assistance fee, and where
 appropriate a supplemental sex offender victim fee, in  accordance  with
 the  provisions of this section for the crime or violation which carries
 the highest classification, and no other sentence  to  pay  a  mandatory
 FELONY surcharge, crime victim assistance fee or supplemental sex offen-
 der victim fee required by this section shall be imposed. Where a person
 is  convicted  of two or more sex offenses or sexually violent offenses,
 as defined by subdivisions two and three of section one  hundred  sixty-
 eight-a  of  the correction law, committed through a single act or omis-
 sion, or through an act or omission which in itself constituted  one  of
 the  offenses  and  also  was a material element of the other, the court
 shall impose only one sex offender registration fee. Where a  person  is
 convicted  of two or more designated offenses, as defined by subdivision
 seven of section nine hundred ninety-five of the executive law,  commit-
 ted  through  a  single  act  or omission, or through an act or omission
 which in itself constituted one of the offenses and also was a  material
 element of the other, the court shall impose only one DNA databank fee.
   3.  The mandatory FELONY surcharge, sex offender registration fee, DNA
 databank fee, crime victim assistance fee, and supplemental sex offender
 victim fee provided for in subdivision one of this section shall be paid
 to the clerk of the court or administrative tribunal that  rendered  the
 conviction.  Within the first ten days of the month following collection
 of the mandatory surcharge, crime victim  assistance  fee,  and  supple-
 mental sex offender victim fee, the collecting authority shall determine
 the  amount  of  mandatory  surcharge,  crime victim assistance fee, and
 supplemental sex offender victim fee collected and, if it is an adminis-
 trative tribunal, or a town or village justice court, it shall then  pay
 such  money to the state comptroller who shall deposit such money in the
 state treasury pursuant to section one hundred twenty-one of  the  state
 finance  law  to  the credit of the criminal justice improvement account
 established by section ninety-seven-bb of the state finance law.  Within
 the first ten days of the month following collection of the sex offender
 registration  fee  and  DNA databank fee, the collecting authority shall
 determine the amount of the sex offender registration fee and DNA  data-
 bank  fee  collected and, if it is an administrative tribunal, or a town
 or village justice court, it shall then pay  such  money  to  the  state
 comptroller  who shall deposit such money in the state treasury pursuant
 to section one hundred twenty-one of the state finance law to the credit
 of the general fund. If such collecting authority is any other court  of
 the  unified  court system, it shall, within such period, pay such money
 attributable to the mandatory surcharge or crime victim  assistance  fee
 to  the  state commissioner of taxation and finance to the credit of the
 criminal justice improvement account established by section  ninety-sev-
 en-bb  of  the  state finance law.   If such collecting authority is any
 other court of the unified court system, it shall, within  such  period,
 pay such money attributable to the sex offender registration fee and the
 DNA  databank  fee  to the state commissioner of taxation and finance to
 the credit of the general fund.
   4. Any person who has paid a mandatory surcharge, sex offender  regis-
 tration  fee,  DNA  databank  fee,  a  crime  victim assistance fee or a
 S. 8305--B                         195
 
 supplemental sex offender victim fee under the authority of this section
 based upon a conviction that is subsequently  reversed  or  who  paid  a
 mandatory  surcharge, sex offender registration fee, DNA databank fee, a
 crime  victim  assistance  fee  or  supplemental sex offender victim fee
 under the authority of this section which is ultimately  determined  not
 to  be  required  by  this section shall be entitled to a refund of such
 mandatory surcharge, sex offender registration fee,  DNA  databank  fee,
 crime victim assistance fee or supplemental sex offender victim fee upon
 application,  in the case of a town or village court, to the state comp-
 troller. The state comptroller shall require such proof as is  necessary
 in  order to determine whether a refund is required by law. In all other
 cases, such application shall be made to the department, agency or court
 that collected such surcharge or fee. Such department, agency  or  court
 shall  initiate  the  refund process and the state comptroller shall pay
 the refund pursuant to subdivision fifteen of section eight of the state
 finance law.
   5. When a person  who  is  convicted  of  a  crime  or  violation  and
 sentenced  to  a  term  of  imprisonment has failed to pay the mandatory
 FELONY surcharge, sex offender registration fee, DNA databank fee, crime
 victim assistance fee or supplemental sex offender victim  fee  required
 by  this  section,  the  clerk of the court that rendered the conviction
 shall notify the superintendent or the municipal official of the facili-
 ty where the person is confined. The  superintendent  or  the  municipal
 official  shall  cause any amount owing to be collected from such person
 during his or her term of imprisonment from moneys to the credit  of  an
 incarcerated  individuals'  fund  or  such  moneys as may be earned by a
 person in a work release program pursuant to section eight hundred sixty
 of the correction law. Such moneys attributable to the mandatory  FELONY
 surcharge or crime victim assistance fee shall be paid over to the state
 comptroller  to  the  credit of the criminal justice improvement account
 established by section ninety-seven-bb of the state finance law and such
 moneys attributable to the sex offender registration fee or DNA databank
 fee shall be paid over to the state comptroller to  the  credit  of  the
 general   fund,   except  that  any  such  moneys  collected  which  are
 surcharges, sex offender registration fees,  DNA  databank  fees,  crime
 victim  assistance  fees or supplemental sex offender victim fees levied
 in relation to convictions obtained in a town or village  justice  court
 shall be paid within thirty days after the receipt thereof by the super-
 intendent  or  municipal  official of the facility to the justice of the
 court in which the conviction was obtained. For the purposes of collect-
 ing such mandatory FELONY surcharge, sex offender registration fee,  DNA
 databank  fee, crime victim assistance fee and supplemental sex offender
 victim fee, the state shall be legally entitled  to  the  money  to  the
 credit  of an incarcerated individuals' fund or money which is earned by
 an incarcerated individual in a work release program.  For  purposes  of
 this  subdivision,  the term "incarcerated individuals' fund" shall mean
 moneys in the possession of an incarcerated individual at  the  time  of
 his  or  her admission into such facility, funds earned by him or her as
 provided for in section one hundred eighty-seven of the  correction  law
 and  any  other funds received by him or her or on his or her behalf and
 deposited with such superintendent or municipal official.
   6. Notwithstanding any other provision of this section, where a person
 has made restitution or reparation pursuant to  section  60.27  of  this
 article,  such  person  shall  not be required to pay a mandatory FELONY
 surcharge or a crime victim assistance fee.
 S. 8305--B                         196
 
   7. Notwithstanding the provisions of subdivision one of section  60.00
 of this article, the provisions of subdivision one of this section shall
 not apply to a violation under any law other than this chapter.
   8.  Subdivision  one  of  section 130.10 of the criminal procedure law
 notwithstanding, at the time that [the] A  mandatory  FELONY  surcharge,
 sex  offender registration fee or DNA databank fee, crime victim assist-
 ance fee or supplemental sex offender victim fee is imposed  a  town  or
 village  court  may,  and  all other courts shall, issue and cause to be
 served upon  the  person  required  to  pay  [the]  A  mandatory  FELONY
 surcharge,  sex  offender  registration  fee  or DNA databank fee, crime
 victim assistance fee or supplemental sex offender victim fee, a summons
 directing that such person appear before the court regarding the payment
 of [the] A mandatory FELONY surcharge, sex offender registration fee  or
 DNA databank fee, crime victim assistance fee or supplemental sex offen-
 der  victim  fee,  if  after  sixty days from the date it was imposed it
 remains unpaid. The designated date of appearance on the  summons  shall
 be  set for the first day court is in session falling after the sixtieth
 day from the imposition of  [the]  A  mandatory  FELONY  surcharge,  sex
 offender  registration  fee or DNA databank fee, crime victim assistance
 fee or supplemental sex offender victim fee. The summons  shall  contain
 the  information  required  by  subdivision two of section 130.10 of the
 criminal procedure law except that in substitution for  the  requirement
 of  paragraph  (c)  of such subdivision the summons shall state that the
 person served must appear at a date, time and specific  location  speci-
 fied  in the summons if after sixty days from the date of issuance [the]
 A mandatory FELONY surcharge, sex offender registration fee or DNA data-
 bank fee, crime victim  assistance  fee  or  supplemental  sex  offender
 victim  fee  remains  unpaid.  The court shall not issue a summons under
 this subdivision to a person  who  is  being  sentenced  to  a  term  of
 confinement  in  excess  of  sixty  days in jail or in the department of
 corrections  and  community  supervision.  [The   mandatory]   MANDATORY
 surcharges,  sex offender registration [fee] FEES and DNA databank fees,
 crime victim assistance fees and supplemental sex offender  victim  fees
 for  those  persons shall be governed by the provisions of section 60.30
 of this article.
   9. Notwithstanding the provisions of subdivision one of this  section,
 in  the  event  a  proceeding  is in a town or village court, such court
 shall add an additional five dollars to the surcharges imposed  by  such
 subdivision one.
   10.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
 COURT IN ITS DISCRETION, MAY REDUCE OR WAIVE ANY  FINE  OR  FEE  IMPOSED
 UPON  AN  INDIGENT  PERSON, PURSUANT TO SUCH PERSON'S CONVICTION, IF (I)
 SUCH PERSON, BEING FINANCIALLY UNABLE TO OBTAIN OR  AFFORD  COUNSEL,  IS
 ENTITLED  TO REPRESENTATION PURSUANT TO SECTION SEVEN HUNDRED TWENTY-TWO
 OF THE COUNTY LAW OR (II) THE COURT DETERMINES SUCH FINE OR  FEE  SHOULD
 OTHERWISE BE WAIVED IN THE INTEREST OF JUSTICE.
   IN  DETERMINING  WHETHER TO REDUCE OR WAIVE ANY FINE OR FEE IMPOSED ON
 AN INDIGENT DEFENDANT, THE  COURT  MAY  CONSIDER  THE  TOTALITY  OF  THE
 DEFENDANT'S CIRCUMSTANCES INCLUDING:
   (A) THE DEFENDANT'S INCOME AND FINANCIAL RESOURCES;
   (B) THE DEFENDANT'S DEBT AND FINANCIAL OBLIGATIONS;
   (C)  WHETHER  THE IMPOSITION OF SUCH FINE OR FEE WOULD CAUSE AN UNREA-
 SONABLE HARDSHIP ON THE DEFENDANT, SUCH DEFENDANT'S IMMEDIATE FAMILY, OR
 ANY OTHER PERSON WHO  IS  DEPENDENT  ON  SUCH  DEFENDANT  FOR  FINANCIAL
 SUPPORT; AND
 S. 8305--B                         197
 
   (D)  ANY  ADDITIONAL  INFORMATION  RELATED  TO THE DEFENDANT'S CIRCUM-
 STANCES THAT THE COURT MAY DEEM RELEVANT OR NECESSARY  IN  COMING  TO  A
 DETERMINATION TO REDUCE OR WAIVE SUCH FINE OR FEE.
   §  2.  Paragraphs  (a) and (b) of subdivision 1 of section 1809 of the
 vehicle and traffic law, as amended by section 2 of part DD  of  chapter
 56 of the laws of 2008, are amended to read as follows:
   (a)  Whenever  proceedings in an administrative tribunal or a court of
 this state result in a conviction for a traffic infraction  pursuant  to
 article  nine  of  this  chapter,  there  shall be levied a crime victim
 assistance  fee  in  the  amount  of  five  dollars  [and  a   mandatory
 surcharge,]  in  addition to any sentence required or permitted by law[,
 in the amount of twenty-five dollars].
   (b) Whenever proceedings in an administrative tribunal or a  court  of
 this  state  result in a conviction for a misdemeanor or felony pursuant
 to section eleven hundred ninety-two of this  chapter,  there  shall  be
 levied,  in  addition  to  any  sentence required or permitted by law, a
 crime victim assistance fee in the amount of twenty-five dollars and  [a
 mandatory surcharge in accordance with the following schedule:
   (i)] a person convicted of a felony shall pay a mandatory surcharge of
 three hundred dollars[;
   (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
 surcharge of one hundred seventy-five dollars].
   § 2-a. Paragraphs (a) and (b) of subdivision 1 of section 1809 of  the
 vehicle and traffic law, as separately amended by section 8-b of chapter
 421,  section  8-b of chapter 460, and section 8-b of chapter 773 of the
 laws of 2021, are amended to read as follows:
   (a) Whenever proceedings in an administrative tribunal or a  court  of
 this  state  result in a conviction for a traffic infraction pursuant to
 article nine of this chapter, there  shall  be  levied  a  crime  victim
 assistance   fee  in  the  amount  of  five  dollars  [and  a  mandatory
 surcharge,] in addition to any sentence required or permitted  by  law[,
 in the amount of twenty-five dollars].
   (b)  Whenever  proceedings in an administrative tribunal or a court of
 this state result in a conviction for a misdemeanor or  felony  pursuant
 to  section  eleven  hundred  ninety-two of this chapter, there shall be
 levied, in addition to any sentence required  or  permitted  by  law,  a
 crime  victim assistance fee in the amount of twenty-five dollars and [a
 mandatory surcharge in accordance with the following schedule:
   (i)] a person convicted of a felony shall pay a mandatory surcharge of
 three hundred dollars[;
   (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
 surcharge of one hundred seventy-five dollars].
   §  3. Subdivision 2 of section 1809 of the vehicle and traffic law, as
 amended by section 6 of part C of chapter 55 of the  laws  of  2013,  is
 amended to read as follows:
   2.  Where  a person is convicted of two or more such crimes or traffic
 infractions committed through a single act or omission,  or  through  an
 act or omission which in itself constituted one of the crimes or traffic
 infractions  and  also was a material element of the other, the court or
 administrative tribunal shall impose a crime victim assistance fee and a
 mandatory surcharge mandated by subdivision one of this section for each
 such conviction; provided however, that [in] THERE SHALL BE NO MANDATORY
 SURCHARGE LEVIED FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER, A  TRAFFIC
 INFRACTION  PURSUANT  TO  ARTICLE  NINE OF THIS CHAPTER, OR A LOCAL LAW,
 ORDINANCE, RULE OR REGULATION ADOPTED PURSUANT TO  THIS  CHAPTER,  OR  A
 TRAFFIC   INFRACTION   INVOLVING   STANDING,  STOPPING,  OR  PARKING  OR
 S. 8305--B                         198
 
 VIOLATIONS BY PEDESTRIANS OR BICYCLISTS AND EXCEPT AS OTHERWISE PROVIDED
 BY SUBDIVISION ONE-A OF THIS SECTION. IN no event shall the total amount
 of such crime victim assistance fees and  mandatory  surcharges  imposed
 pursuant  to  paragraph  (a)  or  (c) of subdivision one of this section
 exceed one hundred ninety-six dollars.
   § 3-a. Subdivision 2 of section 1809 of the vehicle and  traffic  law,
 as  amended  by  chapter  945 of the laws of 1983, is amended to read as
 follows:
   2. Where a person is convicted of two or more such crimes  or  traffic
 infractions  committed  through  a single act or omission, or through an
 act or omission which in itself constituted one of the crimes or traffic
 infractions and also was a material element of the other, the  court  or
 administrative  tribunal  shall impose [only one] A CRIME VICTIM ASSIST-
 ANCE FEE AND A mandatory surcharge mandated by subdivision one  of  this
 section FOR EACH SUCH CONVICTION; PROVIDED, HOWEVER, THAT THERE SHALL BE
 NO  MANDATORY SURCHARGE LEVIED FOR A TRAFFIC INFRACTION UNDER THIS CHAP-
 TER, A TRAFFIC INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER, OR A
 LOCAL LAW, ORDINANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS  CHAP-
 TER, OR A TRAFFIC INFRACTION INVOLVING STANDING, STOPPING, OR PARKING OR
 VIOLATIONS BY PEDESTRIANS OR BICYCLISTS AND EXCEPT AS OTHERWISE PROVIDED
 BY SUBDIVISION ONE-A OF THIS SECTION. IN NO EVENT SHALL THE TOTAL AMOUNT
 OF  SUCH  CRIME  VICTIM ASSISTANCE FEES AND MANDATORY SURCHARGES IMPOSED
 PURSUANT TO PARAGRAPH (A) OR (C) OF  SUBDIVISION  ONE  OF  THIS  SECTION
 EXCEED ONE HUNDRED NINETY-SIX DOLLARS.
   §  4.  Subdivisions  3, 5-a, and 10 of section 1809 of the vehicle and
 traffic law, subdivision 3 as amended by chapter  536  of  the  laws  of
 2021,  subdivision 5-a as amended by chapter 55 of the laws of 1992, and
 subdivision 10 as added by section 3 of part F of chapter 56 of the laws
 of 2004, are amended and a new  subdivision  11  is  added  to  read  as
 follows:
   3.  The  mandatory FELONY surcharge provided for in subdivision one of
 this section shall be paid to the clerk of the court  or  administrative
 tribunal  that rendered the conviction. Within the first ten days of the
 month  following  collection  of  the  mandatory  FELONY  surcharge  the
 collecting  authority  shall determine the amount of mandatory surcharge
 collected and, if it is an administrative tribunal or a town or  village
 justice  court,  it  shall  pay  such money to the state comptroller who
 shall deposit such money in the state treasury pursuant to  section  one
 hundred twenty-one of the state finance law to the credit of the general
 fund[;  provided, however, that the comptroller shall deposit such money
 collected for violations of section eleven hundred seventy-four of  this
 chapter  to  the credit of the school bus motorist education fund estab-
 lished pursuant to section eighty-nine-j of the state finance law.    If
 such  collecting  authority  is  any  other  court  of the unified court
 system, it shall, within such  period,  pay  such  money  to  the  state
 commissioner  of  taxation  and  finance  to  the credit of the criminal
 justice improvement account established by  section  ninety-seven-bb  of
 the state finance law; provided, however, that the state commissioner of
 taxation  and  finance shall deposit such money collected for violations
 of section eleven hundred seventy-four of this chapter to the credit  of
 the  school  bus motorist education fund established pursuant to section
 eighty-nine-j of the state finance law]. The crime victim assistance fee
 provided for in subdivision one of this section shall  be  paid  to  the
 clerk  of  the  court  or  administrative  tribunal  that  rendered  the
 conviction. Within the first ten days of the month following  collection
 of  the  crime  victim  assistance  fee,  the collecting authority shall
 S. 8305--B                         199
 
 determine the amount of crime victim assistance fee collected and, if it
 is an administrative tribunal or a town or  village  justice  court,  it
 shall  pay  such  money  to the state comptroller who shall deposit such
 money  in  the state treasury pursuant to section one hundred twenty-one
 of the state finance law to the credit of the criminal justice  improve-
 ment account established by section ninety-seven-bb of the state finance
 law.
   5-a. The provisions of subdivision four-a of section five hundred ten,
 subdivision three of section five hundred fourteen and subdivision three
 of  section  two  hundred twenty-seven of this chapter governing actions
 which may be taken for failure to pay a fine or penalty shall be  appli-
 cable  to  a  mandatory  FELONY surcharge or crime victim assistance fee
 imposed pursuant to this section.
   10. For the purposes of this section, the term  conviction  means  and
 includes  the conviction of a felony or a misdemeanor for which a youth-
 ful offender finding was substituted and upon such a finding there shall
 be levied: (A) a mandatory surcharge, EXCEPT  THAT  THERE  SHALL  BE  NO
 MANDATORY  SURCHARGE LEVIED IN A CONVICTION FOR A MISDEMEANOR; and (B) a
 crime victim assistance fee. SUCH SURCHARGE AND FEE SHALL BE  LEVIED  to
 the  same  extent  and  in  the  same manner and amount provided by this
 section for conviction of the felony or misdemeanor, as the case may be,
 for which such youthful offender finding was substituted.
   11. NOTWITHSTANDING ANY OTHER PROVISION OR LAW TO  THE  CONTRARY,  THE
 COURT  IN  ITS  DISCRETION,  MAY REDUCE OR WAIVE ANY FINE OR FEE IMPOSED
 UPON AN INDIGENT PERSON, PURSUANT TO SUCH PERSON'S  CONVICTION,  IF  (I)
 SUCH  PERSON,  BEING  FINANCIALLY UNABLE TO OBTAIN OR AFFORD COUNSEL, IS
 ENTITLED TO REPRESENTATION PURSUANT TO SECTION SEVEN HUNDRED  TWENTY-TWO
 OF  THE  COUNTY LAW OR (II) THE COURT DETERMINES SUCH FINE OR FEE SHOULD
 OTHERWISE BE WAIVED IN THE INTEREST OF JUSTICE.
   IN DETERMINING WHETHER TO REDUCE OR WAIVE ANY FINE OR FEE  IMPOSED  ON
 AN  INDIGENT  DEFENDANT,  THE  COURT  MAY  CONSIDER  THE TOTALITY OF THE
 DEFENDANT'S CIRCUMSTANCES INCLUDING:
   (A) THE DEFENDANT'S INCOME AND FINANCIAL RESOURCES;
   (B) THE DEFENDANT'S DEBT AND FINANCIAL OBLIGATIONS;
   (C) WHETHER THE IMPOSITION OF SUCH FINE OR FEE WOULD CAUSE  AN  UNREA-
 SONABLE HARDSHIP ON THE DEFENDANT, SUCH DEFENDANT'S IMMEDIATE FAMILY, OR
 ANY  OTHER  PERSON  WHO  IS  DEPENDENT  ON  SUCH DEFENDANT FOR FINANCIAL
 SUPPORT; AND
   (D) ANY ADDITIONAL INFORMATION  RELATED  TO  THE  DEFENDANT'S  CIRCUM-
 STANCES  THAT  THE  COURT  MAY DEEM RELEVANT OR NECESSARY IN COMING TO A
 DETERMINATION TO REDUCE OR WAIVE SUCH FINE OR FEE.
   § 5. Paragraph (a) of subdivision 2 of section 259-i of the  executive
 law,  as amended by chapter 322 of the laws of 2021, subparagraph (i) as
 amended by chapter 486 of the laws  of  2022,  is  amended  to  read  as
 follows:
   (a)  (i) Except as provided in subparagraph (ii) of this paragraph, at
 least one month prior to the date on which  an  incarcerated  individual
 may be paroled pursuant to subdivision one of section 70.40 of the penal
 law,  a  member or members as determined by the rules of the board shall
 personally interview such incarcerated individual and determine  whether
 he  or  she  should be paroled in accordance with the guidelines adopted
 pursuant to subdivision four of section two hundred fifty-nine-c of this
 article. If parole is not granted upon  such  review,  the  incarcerated
 individual shall be informed in writing within two weeks of such appear-
 ance  of the factors and reasons for such denial of parole. Such reasons
 shall be given in detail and not in conclusory terms.  The  board  shall
 S. 8305--B                         200
 
 specify  a date not more than twenty-four months from such determination
 for reconsideration, and the procedures to be followed upon  reconsider-
 ation  shall be the same. If the incarcerated individual is released, he
 or  she  shall  be given a copy of the conditions of parole. Such condi-
 tions shall where appropriate, include a requirement  that  the  parolee
 comply  with  any  restitution  order,  mandatory  FELONY surcharge, sex
 offender registration fee and DNA databank fee previously imposed  by  a
 court  of competent jurisdiction that applies to the parolee. The condi-
 tions shall indicate which  restitution  collection  agency  established
 under subdivision eight of section 420.10 of the criminal procedure law,
 shall  be  responsible  for  collection of restitution, mandatory FELONY
 surcharge, sex offender registration  fees  and  DNA  databank  fees  as
 provided  for  in  section  60.35  of the penal law and section eighteen
 hundred nine of the vehicle and traffic law. If the  incarcerated  indi-
 vidual is released, he or she shall also be notified in writing that his
 or her voting rights will be restored upon release.
   (ii)  Any  incarcerated  individual  who  is scheduled for presumptive
 release pursuant to section eight hundred  six  of  the  correction  law
 shall  not  appear  before  the board as provided in subparagraph (i) of
 this paragraph unless such incarcerated individual's scheduled  presump-
 tive  release  is  forfeited,  canceled,  or  rescinded  subsequently as
 provided in such law. In such event, the incarcerated  individual  shall
 appear before the board for release consideration as provided in subpar-
 agraph (i) of this paragraph as soon thereafter as is practicable.
   §  5-a.  Paragraph (a) of subdivision 2 of section 259-i of the execu-
 tive law, as amended by chapter 486 of the laws of 2022, is  amended  to
 read as follows:
   (a)  At  least one month prior to the expiration of the minimum period
 or periods of imprisonment fixed by the court  or  board,  a  member  or
 members  as determined by the rules of the board shall personally inter-
 view an incarcerated individual serving an  indeterminate  sentence  and
 determine  whether  he or she should be paroled at the expiration of the
 minimum period or periods in  accordance  with  the  procedures  adopted
 pursuant to subdivision four of section two hundred fifty-nine-c of this
 article.  If  parole  is  not granted upon such review, the incarcerated
 individual shall be informed in writing within two weeks of such appear-
 ance of the factors and reasons for such denial of parole. Such  reasons
 shall  be  given  in detail and not in conclusory terms. The board shall
 specify a date not more than twenty-four months from such  determination
 for  reconsideration, and the procedures to be followed upon reconsider-
 ation shall be the same. If the incarcerated individual is released,  he
 or  she  shall  be given a copy of the conditions of parole. Such condi-
 tions shall where appropriate, include a requirement  that  the  parolee
 comply  with any restitution order and mandatory FELONY surcharge previ-
 ously imposed by a court of competent jurisdiction that applies  to  the
 parolee.  The  conditions  shall  indicate  which restitution collection
 agency established under subdivision eight  of  section  420.10  of  the
 criminal  procedure law, shall be responsible for collection of restitu-
 tion and mandatory FELONY surcharge as provided for in section 60.35  of
 the penal law and section eighteen hundred nine of the vehicle and traf-
 fic  law.  If  the  incarcerated individual is released, he or she shall
 also be notified in writing that  his  or  her  voting  rights  will  be
 restored upon release.
   §  6.  Paragraph (a) of subdivision 2 of section 205 of the correction
 law, as amended by chapter 491 of the laws of 2021, is amended  to  read
 as follows:
 S. 8305--B                         201
 
   (a)  A  merit termination granted by the department under this section
 shall constitute a termination of the sentence with respect to which  it
 was  granted.  No  such  merit  termination  shall be granted unless the
 department is satisfied that termination of  sentence  from  presumptive
 release,  parole,  conditional release or post-release supervision is in
 the best interest of society, and that the parolee or  releasee,  other-
 wise  financially  able  to  comply with an order of restitution and the
 payment of any mandatory FELONY surcharge previously imposed by a  court
 of competent jurisdiction, has made a good faith effort to comply there-
 with.
   §  7.  Subdivisions  1 and 3 of section 259-j of the executive law, as
 amended by section 38-g of subpart A of part C of chapter 62 of the laws
 of 2011, are amended to read as follows:
   1. Except where a determinate sentence was imposed for a felony  other
 than  a  felony  defined  in  article two hundred twenty [or article two
 hundred twenty-one] of the penal law, if the board of parole  is  satis-
 fied that an absolute discharge from presumptive release, parole, condi-
 tional  release or release to a period of post-release supervision is in
 the best interests of society, the board  may  grant  such  a  discharge
 prior  to  the expiration of the full term or maximum term to any person
 who has been on unrevoked  community  supervision  for  at  least  three
 consecutive  years. A discharge granted under this section shall consti-
 tute a termination of the sentence with respect to which it was granted.
 No such discharge shall be granted unless the board  is  satisfied  that
 the  parolee  or  releasee, otherwise financially able to comply with an
 order of restitution and the payment of any mandatory FELONY  surcharge,
 sex  offender registration fee or DNA databank fee previously imposed by
 a court of competent jurisdiction, has  made  a  good  faith  effort  to
 comply therewith.
   3.  Notwithstanding any other provision of this section to the contra-
 ry, where a term of post-release supervision in excess of five years has
 been imposed on a person convicted of a crime  defined  in  article  one
 hundred  thirty of the penal law, including a sexually motivated felony,
 the board of parole may grant a discharge from post-release  supervision
 prior to the expiration of the maximum term of post-release supervision.
 Such  a  discharge  may  be  granted only after the person has served at
 least five years of post-release supervision, and only to a  person  who
 has  been  on  unrevoked  post-release  supervision  for  at least three
 consecutive years. No such discharge shall be granted unless  the  board
 of  parole or the department acting pursuant to its responsibility under
 subdivision one of  section  two  hundred  one  of  the  correction  law
 consults  with  any  licensed  psychologist,  qualified psychiatrist, or
 other mental health professional who is providing care or  treatment  to
 the  supervisee;  and  the  board:  (a) determines that a discharge from
 post-release supervision is in the best interests of society; and (b) is
 satisfied that the supervisee, otherwise financially able to comply with
 an order  of  restitution  and  the  payment  of  any  mandatory  FELONY
 surcharge, sex offender registration fee, or DNA data bank fee previous-
 ly  imposed  by a court of competent jurisdiction, has made a good faith
 effort to comply therewith. Before making a determination to discharge a
 person from a period of post-release supervision, the  board  of  parole
 may request that the commissioner of the office of mental health arrange
 a  psychiatric  evaluation  of the supervisee. A discharge granted under
 this section shall constitute a termination of the sentence with respect
 to which it was granted.
 S. 8305--B                         202
 
   § 8. Subparagraph (i) of paragraph (j-1) of subdivision 2  of  section
 503  of  the vehicle and traffic law, as amended by section 3 of part PP
 of chapter 59 of the laws of 2009, is amended to read as follows:
   (i)  When a license issued pursuant to this article, or a privilege of
 operating a motor vehicle or of  obtaining  such  a  license,  has  been
 suspended  based  upon  a  failure  to  answer an appearance ticket or a
 summons or failure to pay a fine, penalty or mandatory FELONY surcharge,
 pursuant to subdivision three of section two hundred twenty-six,  subdi-
 vision  four  of section two hundred twenty-seven, subdivision four-a of
 section five hundred ten  or  subdivision  five-a  of  section  eighteen
 hundred  nine  of  this  chapter, such suspension shall remain in effect
 until a termination of a suspension fee of seventy dollars  is  paid  to
 the  court  or tribunal that initiated the suspension of such license or
 privilege. In no event may the aggregate of the fees imposed by an indi-
 vidual court pursuant to this  paragraph  for  the  termination  of  all
 suspensions  that  may  be terminated as a result of a person's answers,
 appearances or payments made in such cases pending before such  individ-
 ual  court  exceed  four hundred dollars. For the purposes of this para-
 graph, the various locations of the administrative tribunal  established
 under  article  two-A  of this chapter shall be considered an individual
 court.
   § 9. Section 4-411 of the village law, as amended  by  section  12  of
 part F of chapter 62 of the laws of 2003, is amended to read as follows:
   §  4-411  Disposition  of  fines  and  penalties.  Except as otherwise
 provided by law, all fines and penalties imposed for the violation of  a
 village  local law, ordinance or regulation shall be the property of the
 village, whether or not  the  village  has  established  the  office  of
 village  justice.  Nothing in this section shall be deemed to affect the
 disposition of mandatory FELONY surcharges,  sex  offender  registration
 fees,  DNA  databank fees or crime victim assistance fees as provided by
 section 60.35 of the penal law, or of mandatory surcharges  as  provided
 by  section  eighteen hundred nine of the vehicle and traffic law, or of
 fines, penalties and forfeitures as provided by section eighteen hundred
 three of the vehicle and traffic law relating to traffic offenses.
   § 10. Subdivision 2 of section 837-i of the executive law, as added by
 chapter 166 of the laws of 1991, is amended to read as follows:
   2. The commissioner in consultation with the chief executive  officers
 of  cities  with  a population in excess of one hundred thousand persons
 according to the nineteen hundred  eighty  United  States  census  shall
 establish a system to record and monitor the issuance and disposition of
 parking  tickets[,  to monitor the collection of the mandatory surcharge
 required by section eighteen hundred nine-a of the vehicle  and  traffic
 law]  and to receive information from cities for this purpose. Each such
 city shall report on such parking violations on a monthly basis  in  the
 form and manner prescribed by the commissioner including, but not limit-
 ed  to, the parking tickets issued, the dispositions of such tickets and
 the  amount  of  fines,  penalties  and  mandatory   FELONY   surcharges
 collected.  The  commissioner  shall  collect,  process and analyze such
 information and present  periodic  reports  on  the  parking  violations
 enforcement and disposition program.
   §  11. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of
 section 235 of the vehicle and traffic law, as separately added by chap-
 ters 421, 460 and 773 of the  laws  of  2021,  is  amended  to  read  as
 follows:
   (E) that submission of a plea of guilty to the parking violation makes
 the owner liable for payment of the stated fine and additional penalties
 S. 8305--B                         203
 
 imposed  pursuant  to paragraph b of this subdivision [and the mandatory
 surcharge of fifteen dollars imposed upon parking violations pursuant to
 section eighteen hundred nine-a of this chapter].
   §  12. Subdivision 4 of section 1203-g of the vehicle and traffic law,
 as added by chapter 497 of the laws of  1999,  is  amended  to  read  as
 follows:
   4.  Every  county  and  the  city of New York that establishes a hand-
 icapped parking education program shall establish a separate handicapped
 parking education fund in the custody of the  chief  fiscal  officer  of
 each  such  county  or  city, by April first, two thousand[, which shall
 consist of moneys granted to such county or  city  pursuant  to  section
 eighteen  hundred  nine-b of this chapter]. No provision of law shall be
 deemed to preclude a county or the city of New York from receiving funds
 from other sources to be deposited in the handicapped parking  education
 fund, provided such funds are used in a manner and for purposes consist-
 ent  with  this  section.  The moneys of such fund shall be disbursed to
 provide education, advocacy and increased awareness of handicapped park-
 ing laws and may be used to execute contracts with private organizations
 for such purposes. Such contracts shall be awarded upon competitive bids
 after the issuance of requests for proposal.
   § 13. Subdivision 2 of section 99-n of the state finance law, as added
 by chapter 223 of the laws of 2005, is amended to read as follows:
   2. The fund shall consist of all monies appropriated for  its  purpose
 AND,  all  monies required by this section or any other provision of law
 to be paid into or credited to such fund[, collected  by  the  mandatory
 surcharges  imposed  pursuant  to  subdivision  one  of section eighteen
 hundred nine-d of the vehicle and traffic  law].  Nothing  contained  in
 this section shall prevent the department of motor vehicles from receiv-
 ing  grants  or  other  appropriations  for  the purposes of the fund as
 defined in this section and depositing them into the fund  according  to
 law.
   §  14. Subdivision 20-a of section 385 of the vehicle and traffic law,
 as amended by chapter 696 of the laws of 1990, is  amended  to  read  as
 follows:
   20-a. If a vehicle or combination of vehicles is operated in violation
 of  this  section,  an appearance ticket or summons may be issued to the
 registrant of the vehicle, or if  a  combination  of  vehicles,  to  the
 registrant of the hauling vehicle rather than the operator. In the event
 the  vehicle  is  operated  by  a  person other than the registrant, any
 appearance ticket or summons issued to the registrant  shall  be  served
 upon  the  operator, who shall be deemed the agent of the registrant for
 the purpose of receiving such appearance ticket or summons. Such  opera-
 tor-agent shall transmit such ticket or summons to the registrant of the
 vehicle or the hauling vehicle. If the registrant does not appear on the
 return date, a notice establishing a new return date and either contain-
 ing  all pertinent information relating to the charge which is contained
 on the summons or appearance ticket or accompanied  by  a  copy  of  the
 information or complaint shall also be mailed by certified or registered
 mail by or on behalf of the court or administrative tribunal before whom
 the  appearance ticket or summons is returnable to the registrant at the
 address given on the registration certificate for the vehicle, or if  no
 registration  certificate  is produced at the time the appearance ticket
 or summons is issued, to the address of the registrant on file with  the
 department  or  given  to  the  person  issuing the appearance ticket or
 summons. [Whenever proceedings in a court or administrative tribunal  of
 this  state  result in a conviction for a violation of this section, and
 S. 8305--B                         204
 the court or administrative tribunal  has  made  the  mailing  specified
 herein,  the  court  or  administrative  tribunal shall levy a mandatory
 surcharge, in addition to any sentence or other  surcharge  required  or
 permitted  by  law,  in  the  amount of thirty dollars.   This mandatory
 surcharge shall be paid to the clerk  of  the  court  or  administrative
 tribunal  that rendered the conviction. Within the first ten days of the
 month following collection of the  mandatory  surcharge  by  a  town  or
 village  court,  the court shall pay such money to the state comptroller
 who shall, pursuant to subdivision two of section ninety-nine-a  of  the
 state  finance  law,  credit  such  money  to the account of the town or
 village which sent the mandatory surcharge. If such collecting authority
 is any other court of the unified system or administrative  tribunal  it
 shall,  within  such period, pay such money to the state comptroller who
 shall deposit such money into the state  treasury.]  The  provisions  of
 this subdivision shall not apply to owner-operators of any motor vehicle
 or  to any motor vehicle or trailer which is registered in the name of a
 person whose principal business is the lease or rental of motor vehicles
 or trailers unless the motor vehicle or trailer is being operated by  an
 employee of the registrant or for a community of interest other than the
 lease  or  rental  agreement  between the parties to the lease or rental
 agreement.
   § 15. Subdivision 19-a of section 401 of the vehicle and traffic  law,
 as  amended  by  chapter  696 of the laws of 1990, is amended to read as
 follows:
   19-a. If a vehicle or combination of vehicles is operated in violation
 of this section, an appearance ticket or summons may be  issued  to  the
 registrant  of  the  vehicle,  or  if  a combination of vehicles, to the
 registrant of the hauling vehicle rather than the operator. In the event
 the vehicle is operated by a  person  other  than  the  registrant,  any
 appearance  ticket  or  summons issued to the registrant shall be served
 upon the operator, who shall be deemed the agent of the  registrant  for
 the  purpose of receiving such appearance ticket or summons. Such opera-
 tor-agent shall transmit such ticket or summons to the registrant of the
 vehicle or the hauling vehicle. If the registrant does not appear on the
 return date, a notice establishing a new return date and either contain-
 ing all pertinent information relating to the charge which is  contained
 on  the  summons  or  appearance  ticket or accompanied by a copy of the
 information or complaint shall also be mailed by certified or registered
 mail by or on behalf of the court or administrative tribunal before whom
 the appearance ticket or summons is returnable to the registrant at  the
 address  given on the registration certificate for the vehicle, or if no
 registration certificate is produced at the time the  appearance  ticket
 or  summons is issued, to the address of the registrant on file with the
 department or given to the  person  issuing  the  appearance  ticket  or
 summons.  [Whenever proceedings in a court or administrative tribunal of
 this state result in a conviction for a violation of this  section,  and
 the  court  or  administrative  tribunal  has made the mailing specified
 herein, the court or administrative  tribunal  shall  levy  a  mandatory
 surcharge,  in  addition  to any sentence or other surcharge required or
 permitted by law, in the amount  of  thirty  dollars.    This  mandatory
 surcharge  shall  be  paid  to  the clerk of the court or administrative
 tribunal that rendered the conviction. Within the first ten days of  the
 month  following  collection  of  the  mandatory  surcharge by a town or
 village court, the court shall pay such money to the  state  comptroller
 who  shall,  pursuant to subdivision two of section ninety-nine-a of the
 state finance law, credit such money to  the  account  of  the  town  or
 S. 8305--B                         205
 village which sent the mandatory surcharge. If such collecting authority
 is  any  other court of the unified system or administrative tribunal it
 shall, within such period, pay such money to the state  comptroller  who
 shall  deposit  such  money  into the state treasury.] The provisions of
 this subdivision shall not apply to owner-operators of any motor vehicle
 or to any motor vehicle or trailer which is registered in the name of  a
 person whose principal business is the lease or rental of motor vehicles
 or  trailers unless the motor vehicle or trailer is being operated by an
 employee of the registrant or for a community of interest other than the
 lease or rental agreement between the parties to  the  lease  or  rental
 agreement.
   § 16. Section 80.05 of the penal law is amended by adding a new subdi-
 vision 7 to read as follows:
   7.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
 COURT IN ITS DISCRETION, MAY REDUCE OR WAIVE ANY  FINE  OR  FEE  IMPOSED
 UPON  AN  INDIGENT  PERSON, PURSUANT TO SUCH PERSON'S CONVICTION, IF (I)
 SUCH PERSON, BEING FINANCIALLY UNABLE TO OBTAIN OR  AFFORD  COUNSEL,  IS
 ENTITLED  TO REPRESENTATION PURSUANT TO SECTION SEVEN HUNDRED TWENTY-TWO
 OF THE COUNTY LAW OR (II) THE COURT DETERMINES SUCH FINE OR  FEE  SHOULD
 OTHERWISE BE WAIVED IN THE INTEREST OF JUSTICE.
   IN  DETERMINING  WHETHER TO REDUCE OR WAIVE ANY FINE OR FEE IMPOSED ON
 AN INDIGENT DEFENDANT, THE  COURT  MAY  CONSIDER  THE  TOTALITY  OF  THE
 DEFENDANT'S CIRCUMSTANCES INCLUDING:
   (A) THE DEFENDANT'S INCOME AND FINANCIAL RESOURCES;
   (B) THE DEFENDANT'S DEBT AND FINANCIAL OBLIGATIONS;
   (C)  WHETHER  THE IMPOSITION OF SUCH FINE OR FEE WOULD CAUSE AN UNREA-
 SONABLE HARDSHIP ON THE DEFENDANT, HIS OR HER IMMEDIATE FAMILY,  OR  ANY
 OTHER  PERSON  WHO IS DEPENDENT ON SUCH DEFENDANT FOR FINANCIAL SUPPORT;
 AND
   (D) ANY ADDITIONAL INFORMATION  RELATED  TO  THE  DEFENDANT'S  CIRCUM-
 STANCES  THAT  THE  COURT  MAY DEEM RELEVANT OR NECESSARY IN COMING TO A
 DETERMINATION TO REDUCE OR WAIVE SUCH FINE OR FEE.
   § 17. The vehicle and traffic law is amended by adding a  new  section
 1811 to read as follows:
   §  1811.  DISCRETIONARY  REDUCTION  OR  WAIVER  OF  FINES AND FEES. 1.
 NOTWITHSTANDING ANY OTHER PROVISION OR LAW TO THE CONTRARY, THE COURT IN
 ITS DISCRETION, MAY REDUCE OR WAIVE ANY FINE  OR  FEE  IMPOSED  UPON  AN
 INDIGENT  PERSON,  PURSUANT  TO  SUCH  PERSON'S  CONVICTION, IF (I) SUCH
 PERSON, BEING FINANCIALLY UNABLE TO OBTAIN OR AFFORD COUNSEL,  IS  ENTI-
 TLED  TO  REPRESENTATION PURSUANT TO SECTION SEVEN HUNDRED TWENTY-TWO OF
 THE COUNTY LAW OR (II) THE COURT DETERMINES  SUCH  FINE  OR  FEE  SHOULD
 OTHERWISE BE WAIVED IN THE INTEREST OF JUSTICE.
   IN  DETERMINING  WHETHER TO REDUCE OR WAIVE ANY FINE OR FEE IMPOSED ON
 AN INDIGENT DEFENDANT, THE  COURT  MAY  CONSIDER  THE  TOTALITY  OF  THE
 DEFENDANT'S CIRCUMSTANCES INCLUDING:
   (A) THE DEFENDANT'S INCOME AND FINANCIAL RESOURCES;
   (B) THE DEFENDANT'S DEBT AND FINANCIAL OBLIGATIONS;
   (C)  WHETHER  THE IMPOSITION OF SUCH FINE OR FEE WOULD CAUSE AN UNREA-
 SONABLE HARDSHIP ON THE DEFENDANT, HIS OR HER IMMEDIATE FAMILY,  OR  ANY
 OTHER  PERSON  WHO IS DEPENDENT ON SUCH DEFENDANT FOR FINANCIAL SUPPORT;
 AND
   (D) ANY ADDITIONAL INFORMATION  RELATED  TO  THE  DEFENDANT'S  CIRCUM-
 STANCES  THAT  THE  COURT  MAY DEEM RELEVANT OR NECESSARY IN COMING TO A
 DETERMINATION TO REDUCE OR WAIVE SUCH FINE OR FEE.
   2. COLLECTION AND REPORTING ON DATA RELATING TO FINES. (A) IT SHALL BE
 THE DUTY OF A COURT OF RECORD OR ADMINISTRATIVE TRIBUNAL TO REPORT  DATA
 S. 8305--B                         206
 
 TO  THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES ON THE DISPOSITION AND
 COLLECTION OF ALL FINES IMPOSED PURSUANT TO THE PENAL  LAW  AND  VEHICLE
 AND TRAFFIC LAW. SUCH DATA SHALL INCLUDE, AT MINIMUM, INFORMATION ON THE
 NUMBER  OF  FINES  IMPOSED;  THE PROVISION OF LAW PURSUANT TO WHICH EACH
 FINE WAS IMPOSED; THE AMOUNT OF THE FINE;  THE  COURT  THAT  ISSUED  THE
 FINE; THE OUTCOME OF ANY INDIVIDUALIZED ASSESSMENT CONDUCTED PURSUANT TO
 SECTION 80.05 OF THE PENAL LAW OR SECTION EIGHTEEN HUNDRED ELEVEN OF THE
 VEHICLE  AND  TRAFFIC LAW; THE AMOUNT OF THE FINE THAT HAS BEEN PAID, IF
 ANY; AND THE RACE, ETHNICITY, AGE, AND SEX OF THE PERSON  FOR  WHOM  THE
 FINE WAS IMPOSED.
   (B)  ALL  DATA  COLLECTED  PURSUANT  TO THIS SECTION SHALL BE A PUBLIC
 RECORD.  THE DEPARTMENT SHALL BE CHARGED WITH COMPILING SUCH DATA IN  AN
 ANNUAL REPORT TO BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   § 18. Subdivisions 1, 2 and 3 of section 420.35 of the criminal proce-
 dure  law,  subdivisions  1  and  3 as amended by section 7 of part F of
 chapter 62 of the laws of 2003 and subdivision 2 as amended  by  chapter
 23 of the laws of 2021, are amended to read as follows:
   1.  The  provisions  of  section  420.10 of this article governing the
 collection of fines and the provisions of section 420.40 of this article
 governing deferral of mandatory FELONY surcharges, sex  offender  regis-
 tration  fees, DNA databank fees and financial hardship hearings and the
 provisions of section 430.20 of this chapter governing the commitment of
 a defendant for failure to pay a fine shall be applicable to a mandatory
 FELONY surcharge, sex offender registration fee, DNA databank fee and  a
 crime  victim  assistance  fee  imposed  pursuant  to subdivision one of
 section 60.35 of the penal law, subdivision twenty-a  of  section  three
 hundred  eighty-five  of  the vehicle and traffic law, subdivision nine-
 teen-a of section four hundred one of the vehicle and traffic law, or  a
 mandatory  FELONY surcharge imposed pursuant to section eighteen hundred
 nine of the vehicle and traffic law  or  section  27.12  of  the  parks,
 recreation  and  historic  preservation law. When the court directs that
 the defendant be imprisoned until the mandatory  FELONY  surcharge,  sex
 offender  registration  fee  or  DNA  databank fee is satisfied, it must
 specify a maximum period of imprisonment not  to  exceed  fifteen  days;
 provided, however, a court may not direct that a defendant be imprisoned
 until  the mandatory FELONY surcharge, sex offender registration fee, or
 DNA databank fee is satisfied or otherwise for failure to pay the manda-
 tory FELONY surcharge, sex offender registration fee or DNA databank fee
 unless the court makes a contemporaneous finding on  the  record,  after
 according  defendant  notice  and  an  opportunity to be heard, that the
 payment of the mandatory FELONY surcharge, sex offender registration fee
 or DNA databank fee upon defendant will not work an  unreasonable  hard-
 ship upon him or her or his or her immediate family.
   2. Except as provided in this subdivision or subdivision two-a of this
 section,  under  no  circumstances shall the mandatory FELONY surcharge,
 sex offender registration fee, DNA databank  fee  or  the  crime  victim
 assistance  fee  be  waived.  A  court  shall waive any mandatory FELONY
 surcharge, DNA databank fee and crime victim assistance  fee  when:  (i)
 the  defendant  is convicted of prostitution under section 230.00 of the
 penal law; (ii) the defendant is convicted of a violation in  the  event
 such  conviction  is in lieu of a plea to or conviction for prostitution
 under section 230.00 of the penal law; (iii)  the  court  finds  that  a
 defendant  is  a  victim  of sex trafficking under section 230.34 of the
 penal law or a victim of trafficking in persons  under  the  trafficking
 victims  protection  act  (United States Code, Title 22, Chapter 78); or
 S. 8305--B                         207
 
 (iv) the court finds that the defendant is a victim of  sex  trafficking
 of a child under section 230.34-a of the penal law.
   3.  It shall be the duty of a court of record or administrative tribu-
 nal to report to the division of criminal justice services on the dispo-
 sition and collection  of  mandatory  FELONY  surcharges,  sex  offender
 registration fees or DNA databank fees and crime victim assistance fees.
 Such  report  shall include, for all cases, whether the MANDATORY FELONY
 surcharge, sex offender registration fee,  DNA  databank  fee  or  crime
 victim  assistance  fee  levied  pursuant  to subdivision one of section
 60.35 of the penal law or section eighteen hundred nine of  the  vehicle
 and traffic law has been imposed pursuant to law, collected, or is to be
 collected  by  probation  or  corrections  or other officials. The form,
 manner and frequency of such reports shall be determined by the  commis-
 sioner  of  the division of criminal justice services after consultation
 with the chief administrator of the courts and the commissioner  of  the
 department of motor vehicles.
   §  19.  Subdivisions  1,  2, 4 and 5 of section 420.40 of the criminal
 procedure law, as amended by section 8 of part F of chapter  62  of  the
 laws of 2003, are amended to read as follows:
   1.  Applicability. The procedure specified in this section governs the
 deferral of the obligation to pay all or  part  of  a  mandatory  FELONY
 surcharge,  sex  offender  registration  fee or DNA databank fee imposed
 pursuant to subdivision one of section 60.35 of the penal law and finan-
 cial hardship hearings relating to mandatory FELONY surcharges.
   2. On an appearance date set forth in a  summons  issued  pursuant  to
 subdivision  three  of  section 60.35 of the penal law, section eighteen
 hundred nine of the vehicle and traffic law  or  section  27.12  of  the
 parks,  recreation  and  historic preservation law, a person upon whom a
 mandatory FELONY surcharge, sex offender registration fee or  DNA  data-
 bank  fee  was levied shall have an opportunity to present on the record
 credible and verifiable  information  establishing  that  the  mandatory
 FELONY  surcharge,  sex  offender  registration  fee or DNA databank fee
 should be deferred, in whole or in part, because, due to  the  indigence
 of  such person the payment of said surcharge, sex offender registration
 fee or DNA databank fee would  work  an  unreasonable  hardship  on  the
 person or his or her immediate family.
   4. Where a court determines that it will defer part or all of a manda-
 tory FELONY surcharge, sex offender registration fee or DNA databank fee
 imposed pursuant to subdivision one of section 60.35 of the penal law, a
 statement  of such finding and of the facts upon which it is based shall
 be made part of the record.
   5. A court which defers a person's obligation to pay a mandatory FELO-
 NY surcharge, sex offender registration fee or DNA databank fee  imposed
 pursuant  to  subdivision one of section 60.35 of the penal law shall do
 so in a written order. Such order shall not excuse the person  from  the
 obligation  to  pay  the surcharge, sex offender registration fee or DNA
 databank fee. Rather, the court's order shall direct  the  filing  of  a
 certified copy of the order with the county clerk of the county in which
 the  court  is situate except where the court which issues such order is
 the supreme court in which case the order itself shall be filed  by  the
 clerk  of the court acting in his or her capacity as the county clerk of
 the county in which the court is situate. Such order shall be entered by
 the county clerk in the same manner as a judgment in a civil  action  in
 accordance  with  subdivision  (a)  of rule five thousand sixteen of the
 civil practice law and rules. The order shall  direct  that  any  unpaid
 balance of the mandatory FELONY surcharge, sex offender registration fee
 S. 8305--B                         208
 
 or DNA databank fee may be collected in the same manner as a civil judg-
 ment.    The entered order shall be deemed to constitute a judgment-roll
 as defined in [section] RULE five thousand seventeen of the civil  prac-
 tice  law and rules and immediately after entry of the order, the county
 clerk shall docket the entered order as a  money  judgment  pursuant  to
 section five thousand eighteen of such law and rules.
   §  20.  Section 26 of the correction law, as amended by chapter 322 of
 the laws of 2021, is amended to read as follows:
   § 26. Establishment of commissaries or canteens in correctional insti-
 tutions. 1. The commissioner may authorize the head of  any  institution
 in  the department to establish a commissary or a canteen in such insti-
 tution for the use and benefit of incarcerated individuals.  The  moneys
 received by the head of the institution as profits from the sales of the
 commissary  or  canteen shall be deposited in a special fund to be known
 as the commissary or canteen fund and such funds shall be used  for  the
 general purposes of the institution subject to the provisions of section
 fifty-three of the state finance law.
   2.  THE  COMMISSIONER  SHALL NOT IMPOSE OR COLLECT ANY FEES RELATED TO
 COMMISSARY TRANSACTIONS FROM INCARCERATED INDIVIDUALS INCLUDING,  TRANS-
 ACTION  FEES  FOR PURCHASES MADE AT THE COMMISSARY BY OR ON BEHALF OF AN
 INCARCERATED INDIVIDUAL, AND ANY SERVICE CHARGES OR  HANDLING  FEES  FOR
 THE DELIVERY OF GOODS FROM THE COMMISSARY.
   §  21.  The correction law is amended by adding a new section 500-q to
 read as follows:
   § 500-Q. COMMISSARY FEE ELIMINATION. THE SHERIFF SHALL NOT  IMPOSE  OR
 COLLECT  ANY  FEES  RELATED TO COMMISSARY TRANSACTIONS FROM INCARCERATED
 INDIVIDUALS INCLUDING,  TRANSACTION  FEES  FOR  PURCHASES  MADE  AT  THE
 COMMISSARY  BY  OR  ON  BEHALF  OF  AN  INCARCERATED INDIVIDUAL, AND ANY
 SERVICE CHARGES OR HANDLING FEES FOR THE  DELIVERY  OF  GOODS  FROM  THE
 COMMISSARY.
   §  22.  Paragraph  (a) of subdivision 1 of section 1197 of the vehicle
 and traffic law, as amended by chapter 532  of  the  laws  of  2023,  is
 amended to read as follows:
   (a)  Where  a county establishes a special traffic options program for
 driving while intoxicated, pursuant to this section,  it  shall  receive
 fines and forfeitures collected by any court, judge, magistrate or other
 officer  within  that  county,  including,  where appropriate, a hearing
 officer acting on behalf of the commissioner: (1) imposed for violations
 of subparagraphs (ii) and (iii) of paragraph (a) of subdivision  two  or
 subparagraph  (i)  of paragraph (a) of subdivision three of section five
 hundred eleven of this chapter;  (2)  imposed  in  accordance  with  the
 provisions  of  section  eleven hundred ninety-three and civil penalties
 imposed pursuant to subdivision two of section  eleven  hundred  ninety-
 four-a  of this article, including, where appropriate, a hearing officer
 acting on behalf of the commissioner, from violations of sections eleven
 hundred ninety-two, eleven hundred ninety-two-a and findings made  under
 section  eleven  hundred  ninety-four-a of this article; and (3) imposed
 upon a conviction  for:    aggravated  vehicular  assault,  pursuant  to
 section  120.04-a  of  the  penal  law;  vehicular  assault in the first
 degree, pursuant to section 120.04 of the penal law;  vehicular  assault
 in  the  second  degree,  pursuant  to  section 120.03 of the penal law;
 aggravated vehicular homicide, pursuant to section 125.14 of  the  penal
 law;  vehicular  manslaughter  in  the first degree, pursuant to section
 125.13 of the penal  law;  and  vehicular  manslaughter  in  the  second
 degree,  pursuant  to  section  125.12  of the penal law, as provided in
 section eighteen hundred  three  of  this  chapter.  [In  addition,  any
 S. 8305--B                         209
 surcharges imposed pursuant to section eighteen hundred nine-c and para-
 graph  b  of  subdivision one of section eighteen hundred nine-e of this
 chapter shall be paid to  such  county  in  such  manner  and  for  such
 purposes as provided for in this section.] Upon receipt of these moneys,
 the  county  shall  deposit them in a separate account entitled "special
 traffic options program for driving while intoxicated" and they shall be
 under the exclusive care, custody and control of the chief fiscal  offi-
 cer of each county participating in the program.
   §  23. Paragraph a of subdivision 9 of section 1803 of the vehicle and
 traffic law, as amended by chapter 532 of the laws of 2023,  is  amended
 to read as follows:
   a.  Where  a  county establishes a special traffic options program for
 driving while intoxicated, approved by  the  commissioner,  pursuant  to
 section  eleven  hundred ninety-seven of this chapter, all fines, penal-
 ties and forfeitures:  (1)  imposed  and  collected  for  violations  of
 subparagraphs  (ii)  and  (iii)  of  paragraph (a) of subdivision two or
 subparagraph (i) of paragraph (a) of subdivision three of  section  five
 hundred  eleven of this chapter; (2) imposed and collected in accordance
 with section eleven hundred ninety-three of this chapter for  violations
 of  section  eleven hundred ninety-two of this chapter; (3) collected by
 any court, judge, magistrate or other officer imposed upon a  conviction
 for:  aggravated  vehicular assault, pursuant to section 120.04-a of the
 penal law; vehicular assault in the first degree,  pursuant  to  section
 120.04  of the penal law; vehicular assault in the second degree, pursu-
 ant to section 120.03 of the penal law; aggravated  vehicular  homicide,
 pursuant  to  section 125.14 of the penal law; vehicular manslaughter in
 the first degree, pursuant to section  125.13  of  the  penal  law;  and
 vehicular  manslaughter in the second degree, pursuant to section 125.12
 of the penal law; and (4) civil penalties imposed pursuant  to  subdivi-
 sion  two of section eleven hundred ninety-four-a of this chapter, shall
 be paid to such county. [In addition, any surcharges imposed pursuant to
 section eighteen hundred nine-c and paragraph b of  subdivision  one  of
 section  eighteen  hundred  nine-e of this chapter shall be paid to such
 county in such manner and for such purposes as provided for  in  section
 eleven hundred ninety-seven of this chapter.]
   §  24.  Section 837-j of the executive law, as added by chapter 166 of
 the laws of 1991, is amended to read as follows:
   § 837-j. Parking violations enforcement and  disposition  program.  1.
 [The  commissioner and the commissioner of the department of motor vehi-
 cles may enter into an agreement to effect the  enhanced  collection  of
 the  mandatory  surcharges  imposed pursuant to section eighteen hundred
 nine-a of the vehicle and traffic law. The terms of such agreement shall
 authorize the exchange between the division and the department of  motor
 vehicles  of  information  concerning  outstanding  fines, penalties and
 unpaid mandatory surcharges and  identification  information  concerning
 persons with adjudicated parking violations subject to the imposition of
 such fines, penalties and mandatory surcharges.
   2.  The  commissioner  and the commissioner of the department of motor
 vehicles shall enter into any necessary  joint  enforcement  agreements,
 which  agreements  shall  be consistent with any agreement authorized by
 subdivision one of this section.
   3.] The commissioner of the department  of  motor  vehicles  shall  be
 authorized  to  cooperate  with  traffic and law enforcement agencies of
 other states and of the United States, to obtain and furnish any assist-
 ance or information necessary for  the  enforcement  and  collection  of
 S. 8305--B                         210
 
 fines[,]   AND   penalties   [and   mandatory  surcharges]  for  parking
 violations.
   [4.] 2. The commissioner, in consultation with the commissioner of the
 department of motor vehicles shall promulgate such rules and regulations
 as may be necessary to effect the purposes of this section.
   § 25. Section 1809-a of the vehicle and traffic law is REPEALED.
   § 26. Section 1809-aa of the vehicle and traffic law is REPEALED.
   § 27. Section 1809-b of the vehicle and traffic law is REPEALED.
   § 28. Section 1809-c of the vehicle and traffic law is REPEALED.
   § 29. Section 1809-d of the vehicle and traffic law is REPEALED.
   § 30. Section 1809-e of the vehicle and traffic law is REPEALED.
   § 31. This act shall take effect one year after it shall have become a
 law; provided, however, that:
   (a)  the  amendments  to  paragraphs  (a)  and (b) of subdivision 1 of
 section 1809 of the vehicle and traffic law made by section two of  this
 act shall only take effect if such paragraphs as amended by section 2 of
 part  DD  of  chapter 56 of the laws of 2008 are in effect on the effec-
 tive date of this act and such amendments shall be subject to the  expi-
 ration  and  reversion of such paragraphs pursuant to subdivision (p) of
 section 406 of chapter 166 of the laws of 1991, as  amended,  when  upon
 such date the provisions of section two-a of this act shall take effect;
   (b)  the amendments made to paragraphs (a) and (b) of subdivision 1 of
 section 1809 of the vehicle and traffic law made  by  section  two-a  of
 this act shall not affect the expiration of such paragraphs and shall be
 deemed expired therewith;
   (c) the amendments to subdivision 2 of section 1809 of the vehicle and
 traffic  law  made  by section three of this act shall be subject to the
 expiration and reversion of such subdivision pursuant to subdivision (p)
 of section 406 of chapter 166 of the laws of 1991, as amended, when upon
 such date the provisions of section  three-a  of  this  act  shall  take
 effect;
   (d)  the amendments to paragraph (a) of subdivision 2 of section 259-i
 of the executive law made by section five of this act shall  be  subject
 to  the expiration and reversion of such subdivision when upon such date
 the provisions of section five-a of this act shall take effect;
   (e) if chapter 532 of the laws of 2023 shall not have taken effect  on
 or  before  such date, then sections twenty-two and twenty-three of this
 act shall take effect on the same date and in the same  manner  as  such
 chapter of the laws of 2023 takes effect; and
   (f)  the  amendments  to  section  837-j  of the executive law made by
 section twenty-four of this act shall not  affect  the  repeal  of  such
 section and shall be deemed repealed therewith.
 
                                 PART III
 
   Section  1.  Paragraph (b) of subdivision 3 of section 10 of the work-
 ers' compensation law, as added by section 1 of subpart I of part NNN of
 chapter 59 of the laws of 2017, is amended to read as follows:
   (b) Where a [police officer or firefighter subject to  section  thirty
 of  this  article,  or emergency medical technician, paramedic, or other
 person certified to provide medical care in  emergencies,  or  emergency
 dispatcher]  WORKER  files  a  claim  for  mental  injury  premised upon
 extraordinary work-related stress incurred [in a work-related emergency]
 AT WORK, the board may not disallow the claim[,] upon a factual  finding
 that  the  stress  was not greater than that which usually occurs in the
 normal work environment.
 S. 8305--B                         211
 
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.
   § 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 III of this act shall
 be as specifically set forth in the last section of such Parts.