[ ] is old law to be omitted.
LBD12670-02-6
S. 9005--A 2 A. 10005--A
relation to establishing the sensitive location protection act (Part
L); to amend the civil rights law, in relation to enacting the "New
York state Bivens act" (Part M); to amend chapter 396 of the laws of
2010 amending the alcoholic beverage control law relating to
liquidator's permits and temporary retail permits, in relation to the
effectiveness thereof (Part N); to amend the alcoholic beverage
control law, in relation to allowing temporary retail permit holders
to purchase stock on credit (Subpart A); to amend the alcoholic bever-
age control law, relating to banning alcoholic beverage brand labels
designed to appeal to children (Subpart B); to amend the alcoholic
beverage control law, in relation to authorizing the liquor authority
to change the duration of certain licenses (Subpart C); to amend the
alcoholic beverage control law, in relation to authorizing channel
pricing for liquor and wine pursuant to the alcoholic beverage control
law (Subpart D); to amend the alcoholic beverage control law, in
relation to direct shipment enforcement (Subpart E); to amend part CC
of chapter 55 of the laws of 2024 amending the alcoholic beverage
control law, relating to alcohol in certain motion picture theatres,
in relation to making motion picture theater licenses permanent
(Subpart F); to repeal subdivision 9 of section 106 of the alcoholic
beverage control law, in relation to access to a licensed premises
(Subpart G); to amend the alcoholic beverage control law, in relation
to lowering the food requirements at bona-fide hotels (Subpart H); to
amend the alcoholic beverage control law, in relation to expanding
privileges for certain manufacturers (Subpart I); to amend the alco-
holic beverage control law, in relation to banning wholesalers from
assessing certain fees on retailers (Subpart J); and to amend the
alcoholic beverage control law, in relation to authorizing manufactur-
ers to have up to three retail licenses under the same name as the
manufacturer (Subpart K) (Part O); to amend the alcoholic beverage
control law, in relation to establishing an adult care facility
on-premises license (Subpart A); to amend the alcoholic beverage
control law, in relation to establishing an airline lounge license
(Subpart B); to amend the alcoholic beverage control law, in relation
to establishing a cafe license (Subpart C); to amend the alcoholic
beverage control law, in relation to establishing a higher education
on-premises license (Subpart D); to amend the alcoholic beverage
control law, in relation to establishing a hotel concessionaire
license and permit (Subpart E); to amend the alcoholic beverage
control law, in relation to establishing an early morning sports bar
permit (Subpart F); to amend the alcoholic beverage control law, in
relation to reissuing new wholesale beer licenses with retail privi-
leges (Subpart G); and to amend the alcoholic beverage control law, in
relation to making conforming changes (Subpart H) (Part P); to amend
the alcoholic beverage control law, in relation to establishing a
restaurant dine and dance license (Part Q); to amend the election law,
in relation to preventing voter suppression and deception in elections
(Part R); to amend the election law, in relation to the use of non-
consensual materially deceptive media prior to an election (Part S);
to amend the financial services law, in relation to dispute resolution
for emergency services and surprise bills (Part T); to amend the exec-
utive law and the legislative law, in relation to education and train-
ing in ethics and lobbying (Part U); to amend the public officers law,
in relation to the annual statement of financial disclosure; and to
amend the tax law and the administrative code of the city of New York,
in relation to making conforming technical changes (Part V); to amend
S. 9005--A 3 A. 10005--A
the workers' compensation law, in relation to establishing dedicated
workers' compensation fraud units within New York state district
attorneys' offices (Part W); to amend the workers' compensation law,
in relation to specifying which providers are authorized to render
certain medical care; and to repeal certain provisions of such law
related thereto (Part X); to amend the state finance law and the
economic development law, in relation to purchasing and advertising
thresholds (Part Y); to amend the legislative law, in relation to
lobbyist and client registration fees (Part Z); to amend the executive
law, in relation to requiring the superintendent of state police to
develop, maintain, and disseminate to all members of the division of
state police a critical incident paid leave policy (Part AA); to amend
chapter 1 of the laws of 2005 amending the state finance law relating
to restricting contacts in the procurement process and the recording
of contacts relating thereto, in relation to extending the effective-
ness thereof; and to amend the state finance law, in relation to the
definition of procurement contracts (Part BB); to amend chapter 83 of
the laws of 1995 amending the state finance law and other laws relat-
ing to bonds, notes and revenues, in relation to the effectiveness of
certain provisions thereof (Part CC); to amend the civil practice law
and rules and the state finance law, in relation to the rate of inter-
est to be paid on judgment and accrued claims (Part DD); to amend the
civil service law, in relation to reimbursement for medicare premium
charges (Part EE); and in relation to providing for the administration
of certain funds and accounts related to the 2026--2027 budget,
authorizing certain payments and transfers; to amend the state finance
law, in relation to the school tax relief fund; to amend the private
housing finance law, in relation to housing program bonds and notes;
to amend part D of chapter 389 of the laws of 1997, relating to the
financing of the correctional facilities improvement fund and the
youth facility improvement fund, in relation to the issuance of bonds
and notes for the youth facilities improvement fund; to amend the
public authorities law, in relation to the issuance of bonds and notes
for city university facilities; to amend the public authorities law,
in relation to the issuance of bonds for library construction
projects; to amend the public authorities law, in relation to the
issuance of bonds for state university educational facilities; to
amend the public authorities law, in relation to the issuance of bonds
and notes for locally sponsored community colleges; to amend chapter
392 of the laws of 1973 constituting the 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 issuance of bonds and notes to finance
capital costs related to homeland security; to amend chapter 174 of
the laws of 1968 constituting the urban development corporation act,
in relation to financing project costs for the office of information
technology services and department of law; 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 chapter 174 of the laws of 1968 constituting the urban develop-
ment 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
S. 9005--A 4 A. 10005--A
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-
ing peace bridge projects and capital costs of state and local high-
ways; to amend chapter 174 of the laws of 1968 constituting the urban
development corporation act, in relation to the issuance of bonds for
economic development initiatives; to amend part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, in relation to the
issuance of bonds and notes for the purpose of financing capital
projects for the division of military and naval affairs; to amend
chapter 174 of the laws of 1968 constituting the urban development
corporation act, in relation to issuance of bonds for project costs
undertaken by or on behalf of the state education department, special
act school districts, state-supported schools for the blind and deaf,
approved private special education schools, non-public schools, commu-
nity centers, day care facilities, residential camps, day camps,
Native American Indian Nation schools; to amend the public authorities
law, in relation to the issuance of bonds and notes for the purpose of
financing the construction of the New York state agriculture and
markets food laboratory; to amend the public authorities law, in
relation to authorization for the issuance of bonds for the capital
restructuring financing program, the health care facility transforma-
tion programs, and the essential health care provider program; 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 initiatives of the state
police; to amend chapter 174 of the laws of 1968 constituting the
urban development corporation act, in relation to personal income tax
revenue anticipation notes; to amend the state finance law, in
relation to the calculation of total outstanding principal amount of
debt; and providing for the repeal of certain provisions upon expira-
tion thereof (Part FF)
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 2026-2027 state fiscal year. Each component is whol-
ly contained within a Part identified as Parts A through FF. 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
S. 9005--A 5 A. 10005--A
Section 1. Section 5 of chapter 268 of the laws of 1996 amending the
education law and the state finance law relating to providing a recruit-
ment incentive and retention program for certain active members of the
New York army national guard, New York air national guard, and New York
naval militia, as amended by section 1 of part P of chapter 55 of the
laws of 2021, is amended to read as follows:
§ 5. This act shall take effect January 1, 1997 [and shall expire and
be deemed repealed September 1, 2026; provided that any person who has
begun to receive the benefits of this act prior to its expiration and
repeal shall be entitled to continue to receive the benefits of this act
after its expiration and repeal until completion of a baccalaureate
degree or cessation of status as an active member, whichever occurs
first].
§ 2. This act shall take effect immediately.
PART B
Section 1. Paragraph (b) of subdivision 6 of section 186-f of the tax
law, as amended by section 1 of part E of chapter 55 of the laws of
2024, 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
ANY state fiscal [years] YEAR BETWEEN two thousand eleven--two thousand
twelve, [two thousand twelve--two thousand thirteen, two thousand four-
teen--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 thou-
sand twenty-one, two thousand twenty-one--two thousand twenty-two, two
thousand twenty-two--two thousand twenty-three, two thousand twenty-
three--two thousand twenty-four, two thousand twenty-four--two thousand
twenty-five,] and [two thousand twenty-five--two thousand twenty-six]
TWO THOUSAND TWENTY-NINE--TWO THOUSAND THIRTY;
§ 2. This act shall take effect April 1, 2026; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2026.
PART C
Section 1. This Part enacts into law components of legislation relat-
ing to three-dimensional printed guns and pistol converters. Each compo-
nent is wholly contained within a Subpart identified as Subparts A
through B. The effective date for each particular provision contained
within such Subpart is set forth in the last section of such Subpart.
Any provision in any section contained within a Subpart, including the
effective date of the Subpart, which makes reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Subpart
in which it is found. Section three of this Part sets forth the general
effective date of this Part.
SUBPART A
S. 9005--A 6 A. 10005--A
Section 1. Subdivisions 1, 3-a and 36 of section 265.00 of the penal
law, subdivision 3-a as added by chapter 134 of the laws of 2019 and
subdivision 36 as added by chapter 429 of the laws of 2024, are amended
and four new subdivisions 37, 38, 39 and 40 are added to read as
follows:
1. "Machine-gun" means a weapon of any description, irrespective of
size, by whatever name known, loaded or unloaded, from which a number of
shots or bullets may be rapidly or automatically discharged from a maga-
zine with one continuous pull of the trigger and includes a sub-machine
gun, AND ALSO INCLUDES ANY CONVERTIBLE PISTOL THAT IS EQUIPPED WITH A
PISTOL CONVERTER.
3-a. "Major component of a firearm, rifle or shotgun" means the
barrel, the slide or cylinder, the frame, or receiver of the firearm,
rifle, or shotgun, REGARDLESS OF WHETHER SUCH COMPONENT IS PRIVATELY OR
PUBLICLY MANUFACTURED.
36. "Pistol converter" means any device or instrument that, when
installed in or attached to the REAR OF THE slide of a semi-automatic
pistol, REPLACES THE BACKPLATE AND interferes with the trigger mechanism
and thereby enables the pistol to discharge a number of shots or bullets
rapidly or automatically with one continuous pull of the trigger.
37. "CONVERTIBLE PISTOL" MEANS ANY SEMI-AUTOMATIC PISTOL WITH A CRUCI-
FORM TRIGGER BAR THAT CAN BE READILY ALTERED BY HAND OR WITH COMMON
HOUSEHOLD TOOLS SO THAT IT CAN BE CONVERTED INTO A MACHINE-GUN BY THE
INSTALLATION OR ATTACHMENT OF A PISTOL CONVERTER. AS USED IN THIS
SUBDIVISION, "COMMON HOUSEHOLD TOOLS" MEANS SCREWDRIVERS, PIPE WRENCHES,
PLIERS, HACKSAWS, CROWBARS, ELECTRIC DRILLS OR ROTARY TOOLS, HAMMERS,
CHISELS, FILES, AND CRESCENT WRENCHES. "CONVERTIBLE PISTOL" DOES NOT
INCLUDE HAMMER-FIRED SEMI-AUTOMATIC PISTOLS OR ANY STRIKER-FIRED SEMI-
AUTOMATIC PISTOL LACKING A CRUCIFORM TRIGGER BAR, WHICH INSTEAD HAS A
TRIGGER BAR THAT IS SHIELDED FROM INTERFERENCE BY A PISTOL CONVERTER. A
NOTCH OR OTHER PIECE OF POLYMER MOLDED INTO THE REAR OF A PISTOL FRAME
DOES NOT PREVENT READY CONVERSION INTO A MACHINE-GUN AND WILL NOT
PREVENT SUCH PISTOL FROM QUALIFYING AS A CONVERTIBLE PISTOL UNDER THIS
SUBDIVISION.
38. "THREE-DIMENSIONAL PRINTER" MEANS:
(A) ANY MACHINE CAPABLE OF RENDERING A THREE-DIMENSIONAL OBJECT FROM A
DIGITAL DESIGN FILE USING ADDITIVE MANUFACTURING; OR
(B) ANY MACHINE CAPABLE OF MAKING THREE-DIMENSIONAL MODIFICATIONS TO
AN OBJECT FROM A DIGITAL DESIGN FILE USING SUBTRACTIVE MANUFACTURING.
39. "DIGITAL FIREARM MANUFACTURING CODE" MEANS ANY DIGITAL
INSTRUCTIONS IN THE FORM OF COMPUTER-AIDED DESIGN FILES OR OTHER CODE OR
INSTRUCTIONS STORED AND DISPLAYED IN ELECTRONIC FORMAT AS A DIGITAL
MODEL THAT MAY BE USED TO PROGRAM A THREE-DIMENSIONAL PRINTER OR A
COMPUTER NUMERICAL CONTROL (CNC) MILLING MACHINE TO MANUFACTURE OR
PRODUCE ANY FIREARM, RIFLE, SHOTGUN, GHOST GUN, UNFINISHED FRAME OR
RECEIVER, FIREARM SILENCER, RAPID-FIRE MODIFICATION DEVICE OR MAJOR
COMPONENT OF A FIREARM.
40. "CRUCIFORM TRIGGER BAR" MEANS A COMPONENT IN A SEMI-AUTOMATIC
PISTOL THAT SERVES AS A LINKAGE BETWEEN THE TRIGGER AND THE FIRING PIN
AND HAS ITS SEAR INCORPORATED IN A CROSS-SHAPED SURFACE.
§ 2. Subdivisions 1 and 2 of section 265.10 of the penal law, as
amended by chapter 481 of the laws of 2024, are amended and three new
subdivisions 10, 11 and 12 are added to read as follows:
1. Any person who manufactures or causes to be manufactured any
machine-gun, PISTOL CONVERTER, GHOST GUN, UNFINISHED FRAME OR RECEIVER,
FIREARM SILENCER, MAJOR COMPONENT OF A FIREARM, assault weapon, large
S. 9005--A 7 A. 10005--A
capacity ammunition feeding device or disguised gun is guilty of a class
D felony. Any person who manufactures or causes to be manufactured any
rapid-fire modification device is guilty of a class E felony. Any person
who manufactures or causes to be manufactured any switchblade knife,
pilum ballistic knife, metal knuckle knife, undetectable knife, billy,
blackjack, bludgeon, plastic knuckles, metal knuckles, throwing star,
chuka stick, sandbag, sandclub or slungshot is guilty of a class A
misdemeanor.
2. Any person who transports or ships any machine-gun, PISTOL CONVERT-
ER, GHOST GUN, firearm silencer, assault weapon or large capacity ammu-
nition feeding device or disguised gun, or who transports or ships as
merchandise five or more firearms, is guilty of a class D felony. Any
person who transports or ships any rapid-fire modification device is
guilty of a class E felony. Any person who transports or ships as
merchandise any firearm, other than an assault weapon, switchblade
knife, pilum ballistic knife, undetectable knife, billy, blackjack,
bludgeon, plastic knuckles, metal knuckles, throwing star, chuka stick,
sandbag or slungshot is guilty of a class A misdemeanor.
10. ANY PERSON, DEALER, FIRM, PARTNERSHIP, OR CORPORATION WHO DISPOSES
OF OR TRANSPORTS OR SHIPS AS MERCHANDISE A CONVERTIBLE PISTOL IS GUILTY
OF A CLASS D FELONY.
11. ANY PERSON WHO SELLS, OFFERS TO SELL, TRANSFERS, DISTRIBUTES, OR
OTHERWISE DISPOSES OF A DIGITAL FIREARM MANUFACTURING CODE TO ANY PERSON
WHO DOES NOT HOLD BOTH (A) A GUNSMITH LICENSE AS PROVIDED IN SECTION
400.00 OF THIS CHAPTER AND (B) A VALID TYPE SEVEN FEDERAL FIREARMS
LICENSE, IS GUILTY OF A CLASS E FELONY.
12. ANY PERSON WHO POSSESSES DIGITAL FIREARM MANUFACTURING CODE WITH
THE INTENT TO (A) ILLEGALLY MANUFACTURE ANY ITEM DESCRIBED IN SECTION
265.00 OF THIS ARTICLE; (B) DISTRIBUTE TO A PERSON IN THE STATE OF NEW
YORK FOR WHOM THE SENDER HAS REASON TO BELIEVE WOULD BE PROHIBITED FROM
POSSESSING THE MANUFACTURED OR PRODUCED PRODUCT UNDER SECTION 265.02 OF
THIS CHAPTER OR SUBSECTION (G) OF SECTION 922 OF TITLE 18 OF THE UNITED
STATES CODE; OR (C) DISTRIBUTE TO A PERSON IN THE STATE OF NEW YORK WHO
DOES NOT HOLD BOTH (I) A GUNSMITH LICENSE AS PROVIDED IN SECTION 400.00
OF THIS CHAPTER AND (II) A VALID TYPE SEVEN FEDERAL FIREARMS LICENSE, IS
GUILTY OF A CLASS E FELONY.
§ 3. Section 265.20 of the penal law is amended by adding a new subdi-
vision f to read as follows:
F. SUBDIVISION TEN OF SECTION 265.10 OF THIS ARTICLE SHALL NOT APPLY
TO THE DISPOSITION OF A CONVERTIBLE PISTOL OR THE TRANSPORT OR SHIPPING
AS MERCHANDISE OF A CONVERTIBLE PISTOL FOR DISPOSITION TO THE FOLLOWING:
1. PERSONS IN THE MILITARY SERVICE OF THE STATE OF NEW YORK OR THE
UNITED STATES WHEN DULY AUTHORIZED BY LAW OR REGULATION TO POSSESS THE
SAME; OR
2. POLICE OFFICERS AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW; OR
3. PEACE OFFICERS AS DEFINED BY SECTION 2.10 OF THE CRIMINAL PROCEDURE
LAW WHEN THEY ARE AUTHORIZED TO POSSESS THE SAME; OR
4. PERSONS ENGAGING IN THE BUSINESS OF GUNSMITH OR DEALER IN FIREARMS
TO WHOM A VALID LICENSE THEREFOR HAS BEEN ISSUED PURSUANT TO SECTION
400.00 OF THIS CHAPTER.
§ 4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 23 of the laws of 2024, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
S. 9005--A 8 A. 10005--A
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12 of the
penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, rape in
the third degree as defined in section 130.25 of the penal law, rape in
the second degree as defined in section 130.30 of the penal law, rape in
the first degree as defined in section 130.35 of the penal law, a crime
formerly defined in section 130.40 of the penal law, a crime formerly
defined in section 130.45 of the penal law, a crime formerly defined in
section 130.50 of the penal law, sexual abuse in the first degree as
defined in section 130.65 of the penal law, unlawful imprisonment in the
first degree as defined in section 135.10 of the penal law, kidnapping
in the second degree as defined in section 135.20 of the penal law,
kidnapping in the first degree as defined in section 135.25 of the penal
law, labor trafficking as defined in section 135.35 of the penal law,
aggravated labor trafficking as defined in section 135.37 of the penal
law, custodial interference in the first degree as defined in section
135.50 of the penal law, coercion in the first degree as defined in
section 135.65 of the penal law, criminal trespass in the first degree
as defined in section 140.17 of the penal law, burglary in the third
degree as defined in section 140.20 of the penal law, burglary in the
second degree as defined in section 140.25 of the penal law, burglary in
the first degree as defined in section 140.30 of the penal law, criminal
mischief in the third degree as defined in section 145.05 of the penal
law, criminal mischief in the second degree as defined in section 145.10
of the penal law, criminal mischief in the first degree as defined in
section 145.12 of the penal law, criminal tampering in the first degree
as defined in section 145.20 of the penal law, arson in the fourth
degree as defined in section 150.05 of the penal law, arson in the third
degree as defined in section 150.10 of the penal law, arson in the
second degree as defined in section 150.15 of the penal law, arson in
the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in section
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in the
third degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section 177.20 of the penal
law, health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third degree as defined in section
160.05 of the penal law, robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use of secret scientific
material as defined in section 165.07 of the penal law, criminal
possession of stolen property in the fourth degree as defined in section
165.45 of the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of the penal law, criminal
S. 9005--A 9 A. 10005--A
possession of stolen property in the second degree as defined by section
165.52 of the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the penal law, trademark
counterfeiting in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree as defined in
section 165.73 of the penal law, forgery in the second degree as defined
in section 170.10 of the penal law, forgery in the first degree as
defined in section 170.15 of the penal law, criminal possession of a
forged instrument in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in the first
degree as defined in section 170.30 of the penal law, criminal
possession of forgery devices as defined in section 170.40 of the penal
law, falsifying business records in the first degree as defined in
section 175.10 of the penal law, tampering with public records in the
first degree as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as defined in section
175.35 of the penal law, issuing a false certificate as defined in
section 175.40 of the penal law, criminal diversion of prescription
medications and prescriptions in the second degree as defined in section
178.20 of the penal law, criminal diversion of prescription medications
and prescriptions in the first degree as defined in section 178.25 of
the penal law, residential mortgage fraud in the fourth degree as
defined in section 187.10 of the penal law, residential mortgage fraud
in the third degree as defined in section 187.15 of the penal law, resi-
dential mortgage fraud in the second degree as defined in section 187.20
of the penal law, residential mortgage fraud in the first degree as
defined in section 187.25 of the penal law, escape in the second degree
as defined in section 205.10 of the penal law, escape in the first
degree as defined in section 205.15 of the penal law, absconding from
temporary release in the first degree as defined in section 205.17 of
the penal law, promoting prison contraband in the first degree as
defined in section 205.25 of the penal law, hindering prosecution in the
second degree as defined in section 205.60 of the penal law, hindering
prosecution in the first degree as defined in section 205.65 of the
penal law, sex trafficking as defined in section 230.34 of the penal
law, sex trafficking of a child as defined in section 230.34-a of the
penal law, criminal possession of a weapon in the third degree as
defined in subdivisions two, three and five of section 265.02 of the
penal law, criminal possession of a weapon in the second degree as
defined in section 265.03 of the penal law, criminal possession of a
weapon in the first degree as defined in section 265.04 of the penal
law, manufacture, transport, disposition and defacement of weapons and
dangerous instruments and appliances defined as felonies in subdivisions
one, two, [and] three, ELEVEN, AND TWELVE of section 265.10 of the penal
law, sections 265.11, 265.12 and 265.13 of the penal law, or prohibited
use of weapons as defined in subdivision two of section 265.35 of the
penal law, relating to firearms and other dangerous weapons, criminal
manufacture, sale or transport of an undetectable firearm, rifle or
shotgun as defined in section 265.50 of the penal law, or failure to
disclose the origin of a recording in the first degree as defined in
section 275.40 of the penal law;
§ 5. The superintendent of the division of state police is authorized
to promulgate rules, regulations, and policies necessary to effectuate
the provisions of this act. Such superintendent shall, prior to the
effective date of this act and annually thereafter, publish a list of
S. 9005--A 10 A. 10005--A
pistols that the superintendent has determined to be convertible
pistols, as defined in section 265.00 of the penal law.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
SUBPART B
Section 1. The executive law is amended by adding a new section 837-aa
to read as follows:
§ 837-AA. FIREARM PREVENTION TECHNOLOGY REQUIREMENTS FOR THREE-DIMEN-
SIONAL PRINTERS. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "THREE-DIMENSIONAL PRINTER" MEANS:
(I) ANY MACHINE CAPABLE OF RENDERING A THREE-DIMENSIONAL OBJECT FROM A
DIGITAL DESIGN FILE USING ADDITIVE MANUFACTURING; OR
(II) ANY MACHINE CAPABLE OF MAKING THREE-DIMENSIONAL MODIFICATIONS TO
AN OBJECT FROM A DIGITAL DESIGN FILE USING SUBTRACTIVE MANUFACTURING.
(B) "BLOCKING TECHNOLOGY" MEANS HARDWARE, SOFTWARE, FIRMWARE, OR OTHER
INTEGRATED TECHNOLOGICAL MEASURES CAPABLE OF ENSURING A THREE-DIMENSION-
AL PRINTER WILL NOT PROCEED TO PRINT ANY PRINT JOB UNLESS THE UNDERLYING
THREE-DIMENSIONAL PRINTING FILE HAS BEEN EVALUATED BY A FIREARMS BLUE-
PRINT DETECTION ALGORITHM AND DETERMINED NOT TO BE A PRINTING FILE THAT
WOULD PRODUCE A FIREARM OR ILLEGAL FIREARM PARTS.
(C) "FIREARMS BLUEPRINT DETECTION ALGORITHM" MEANS A SOFTWARE SERVICE
THAT EVALUATES THREE-DIMENSIONAL PRINTING FILES, WHETHER IN THE FORM OF
STEREOLITHOGRAPHY (STL) FILES OR OTHER COMPUTER AIDED DESIGN FILES OR
GEOMETRIC CODE, TO DETERMINE IF THEY CAN BE USED TO PROGRAM A THREE-DI-
MENSIONAL PRINTER TO PRODUCE A FIREARM OR ILLEGAL FIREARM PARTS, AND
FLAG ANY SUCH FILES TO PREVENT THEIR USE TO MANUFACTURE SAID FIREARM OR
ILLEGAL FIREARM PARTS.
(D) "ILLEGAL FIREARM PARTS" MEANS AN UNFINISHED FRAME OR RECEIVER, A
MAJOR COMPONENT OF A FIREARM, OR ANY PART DESIGNED AND INTENDED FOR USE
IN CONVERTING A SEMI-AUTOMATIC WEAPON INTO A MACHINE GUN, INCLUDING, BUT
NOT LIMITED TO, A PISTOL CONVERTER.
(E) ALL OTHER TERMS SHALL HAVE THE SAME MEANING GIVEN TO SUCH TERMS IN
SECTION 265.00 OF THE PENAL LAW.
2. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE DIVI-
SION, THE DEPARTMENT OF STATE, AND THE STATE UNIVERSITY OF NEW YORK
SHALL CONVENE A WORKING GROUP WHICH SHALL INCLUDE EXPERTS IN ADDITIVE
MANUFACTURING TECHNOLOGY, ARTIFICIAL INTELLIGENCE AND DIGITAL SECURITY,
FIREARMS REGULATION, PUBLIC SAFETY, CONSUMER PRODUCT SAFETY, AND ANY
OTHER RELEVANT DISCIPLINES DETERMINED BY THE DIVISION TO BE NECESSARY TO
PERFORM THE FUNCTIONS PRESCRIBED HEREIN. NO LATER THAN ONE YEAR AFTER
THE WORKING GROUP CONVENES, THE WORKING GROUP SHALL MAKE RECOMMENDATIONS
REGARDING THE MINIMUM SAFETY STANDARDS A THREE-DIMENSIONAL PRINTER'S
BLOCKING TECHNOLOGY MUST MEET IN ORDER TO COMPLY WITH THE REQUIREMENTS
OF SECTION THREE HUNDRED NINETY-SIX-EEEE OF THE GENERAL BUSINESS LAW.
SUCH RECOMMENDATIONS SHALL ADDRESS, AT A MINIMUM, AVAILABLE AND APPRO-
PRIATE TYPES OF BLOCKING TECHNOLOGY, INCLUDING MINIMUM PERFORMANCE STAN-
DARDS FOR THOSE TECHNOLOGIES AND FOR FIREARMS BLUEPRINT DETECTION ALGO-
RITHMS, NECESSARY SAFEGUARDS TO REDUCE THE RISK OF CIRCUMVENTION OF
BLOCKING TECHNOLOGY, AND ALIGNMENT WITH EXISTING STATE AND FEDERAL LAW.
PROVIDED, HOWEVER, THAT IF THE WORKING GROUP DETERMINES THAT IT IS NOT
S. 9005--A 11 A. 10005--A
TECHNOLOGICALLY FEASIBLE TO REQUIRE THREE-DIMENSIONAL PRINTERS SOLD IN
THE STATE OF NEW YORK TO INCLUDE BLOCKING TECHNOLOGY, THE WORKING GROUP
SHALL SO REPORT, AND NO REGULATIONS SHALL BE REQUIRED TO BE PROMULGATED
PURSUANT TO THIS SECTION, UNTIL SUCH TIME AS THE WORKING GROUP DETER-
MINES THAT IT IS TECHNOLOGICALLY FEASIBLE.
3. THE DIVISION SHALL:
(A) WITHIN NINE MONTHS OF RECEIVING THE RECOMMENDATIONS FROM THE WORK-
ING GROUP PURSUANT TO SUBDIVISION TWO OF THIS SECTION, UNLESS THE WORK-
ING GROUP REPORTS THAT IT IS NOT TECHNOLOGICALLY FEASIBLE TO REQUIRE
THREE-DIMENSIONAL PRINTERS SOLD IN NEW YORK TO INCLUDE BLOCKING TECHNOL-
OGY, IN CONSULTATION WITH THE DEPARTMENT OF STATE, PROMULGATE AND
PUBLISH RULES OR REGULATIONS ESTABLISHING PERFORMANCE STANDARDS FOR
BLOCKING TECHNOLOGY AND ANY OTHER RULES AND REGULATIONS AS MAY BE NECES-
SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION AND SECTION THREE
HUNDRED NINETY-SIX-EEEE OF THE GENERAL BUSINESS LAW; AND
(B) BE AUTHORIZED TO CREATE AND MAINTAIN A LIBRARY OF FIREARMS BLUE-
PRINT FILES AND ILLEGAL FIREARM PARTS BLUEPRINT FILES, AND MAINTAIN AND
UPDATE THE LIBRARY, INCLUDING BY ADDING NEW FILES THAT ENABLE THE THREE-
DIMENSIONAL PRINTING OF FIREARMS OR ILLEGAL FIREARM PARTS. IN FURTHER-
ANCE OF THIS AUTHORIZATION, THE DIVISION MAY DESIGNATE ANOTHER GOVERN-
MENT AGENCY OR AN ACADEMIC OR RESEARCH INSTITUTION IN THIS STATE TO
ASSIST WITH THE CREATION AND MAINTENANCE OF THE FILE LIBRARY. THE
LIBRARY SHALL BE MADE AVAILABLE TO THREE-DIMENSIONAL PRINTER MANUFACTUR-
ERS, VENDORS WITH DEMONSTRATED EXPERTISE IN SOFTWARE DEVELOPMENT, OR
EXPERTS IN COMPUTATIONAL DESIGN OR PUBLIC SAFETY, FOR THE DEVELOPMENT OR
IMPROVEMENT OF BLOCKING TECHNOLOGY AND FIREARM BLUEPRINT DETECTION ALGO-
RITHMS. THE DIVISION SHALL ESTABLISH SAFEGUARDS TO PREVENT UNAUTHORIZED
ACCESS TO AND MISUSE OF THE LIBRARY AND SHALL PROHIBIT ALL PERSONS WHO
ARE GRANTED ACCESS TO THE LIBRARY FROM MISUSING, SELLING, DISSEMINATING,
OR OTHERWISE PUBLISHING ITS CONTENTS.
§ 2. The general business law is amended by adding a new section 396-
eeee to read as follows:
§ 396-EEEE. THREE-DIMENSIONAL PRINTERS. 1. NO PERSON, FIRM OR CORPO-
RATION SHALL SELL OR DELIVER ANY THREE-DIMENSIONAL PRINTER IN THE STATE
OF NEW YORK UNLESS SUCH PRINTER IS EQUIPPED WITH BLOCKING TECHNOLOGY,
AND EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, NO SUCH SALE
OR DELIVERY SHALL BE PERMITTED UNLESS THE TRANSFEREE MEETS IN PERSON
WITH THE TRANSFEROR TO ACCOMPLISH SUCH SALE OR DELIVERY. AS USED IN THIS
SECTION, THE TERMS "THREE-DIMENSIONAL PRINTER" AND "BLOCKING TECHNOLOGY"
SHALL HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SUBDIVISION ONE
OF SECTION EIGHT HUNDRED THIRTY-SEVEN-AA OF THE EXECUTIVE LAW.
2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION REGARDING IN
PERSON SALE OR DELIVERY SHALL NOT APPLY TO PURCHASES MADE BY FEDERAL,
STATE, OR LOCAL GOVERNMENT AGENCIES FOR THE PURPOSE OF FURNISHING SUCH
THREE-DIMENSIONAL PRINTERS TO EMPLOYEES IN ELIGIBLE PROFESSIONS.
3. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
TORY TO THEM THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR AGENT
OR EMPLOYEE THEREOF HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN CONDUCT
PROHIBITED BY THIS CHAPTER THEY MAY BRING AN ACTION IN THE NAME AND ON
BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK TO ENJOIN SUCH UNLAWFUL
ACTS OR PRACTICES AND TO OBTAIN RESTITUTION OF ANY MONEYS OR PROPERTY
OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH UNLAWFUL ACTS OR PRACTICES.
IN SUCH ACTION PRELIMINARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-
THREE OF THE CIVIL PRACTICE LAW AND RULES.
4. ANY PERSON, FIRM OR CORPORATION THAT VIOLATES THE PROVISIONS OF
THIS SECTION SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A FINE IN AN
S. 9005--A 12 A. 10005--A
AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS FOR THE FIRST OFFENSE AND IN
AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS FOR ANY SUBSEQUENT OFFENSE.
5. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION THAT HAS BEEN DAMAGED
AS A RESULT OF ANY PERSON, FIRM OR CORPORATION WHOSE ACTS OR OMISSIONS
THAT VIOLATE THE PROVISIONS OF THIS SECTION SHALL BE ENTITLED TO BRING
AN ACTION FOR RECOVERY OF DAMAGES OR TO ENFORCE THIS ARTICLE.
§ 3. This act shall take effect immediately; provided, however, that
section two of this act shall take effect one year after the promulga-
tion of rules as provided for in subdivision 3 of section 837-aa of the
executive law, as added by section one of this act; provided further,
that the commissioner of the division of criminal justice services shall
notify the legislative bill drafting commission upon the promulgation of
such rules in order that the commission may maintain an accurate and
timely effective database 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.
§ 2. Severability. If any clause, sentence, paragraph, section or
subpart of this act shall be adjudged by any court of competent juris-
diction to be invalid and after exhaustion of all further judicial
review, the judgment shall not affect, impair, or invalidate the remain-
der thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or subpart of this act directly involved in
the controversy in which the judgment shall have been rendered.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through B of this Part shall
be as specifically set forth in the last section of such Subparts.
PART D
Section 1. The penal law is amended by adding a new article 280 to
read as follows:
ARTICLE 280
OFFENSES RELATING TO UNLAWFUL USE OF A DRONE
SECTION 280.00 DEFINITIONS.
280.05 UNLAWFUL USE OF A DRONE IN THE SECOND DEGREE.
280.10 UNLAWFUL USE OF A DRONE IN THE FIRST DEGREE.
280.15 AGGRAVATED UNLAWFUL USE OF A DRONE.
§ 280.00 DEFINITIONS.
AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
1. "DRONE" SHALL MEAN AN UNMANNED AERIAL AIRCRAFT THAT IS OPERATED
WITHOUT THE POSSIBILITY OF DIRECT HUMAN INTERVENTION FROM WITHIN OR ON
THE AIRCRAFT.
2. "DRONE OPERATING SYSTEM" SHALL MEAN THE HARDWARE AND SOFTWARE THAT
MANAGES FLIGHT CONTROL, NAVIGATION, AND SENSORS FOR AUTONOMOUS FLIGHT OF
A DRONE.
3. "NEFARIOUS MANNER" MEANS ENGAGING IN CONDUCT THAT VIOLATES OR
FACILITATES A VIOLATION OF ANY PROVISION OF THE PENAL LAW; CONSTITUTES
INTENTIONAL AND UNAUTHORIZED SURVEILLANCE OF A PROHIBITED SPACE; INTER-
FERES WITH EMERGENCY OPERATIONS; FACILITATES CRIMINAL ACTIVITY; OR
CREATES A SIGNIFICANT RISK OF PHYSICAL INJURY TO A PERSON OR DAMAGE TO
PROPERTY.
4. "PROHIBITED SPACE" MEANS ANY AREA WITHIN FIVE HUNDRED FEET OF: AN
AIRPORT; STATE OR FEDERAL MILITARY INSTALLATION; STATE, LOCAL, OR FEDER-
AL CORRECTIONAL FACILITY; POLICE STATION; FIRE DEPARTMENT STATION; EMER-
GENCY SERVICES DISPATCH STATION; LARGE PUBLIC GATHERING, SUCH AS A
S. 9005--A 13 A. 10005--A
CONCERT, FESTIVAL, OR SPORTING EVENT; ANY CRITICAL INFRASTRUCTURE, AS
DEFINED IN SUBDIVISION FIVE OF SECTION EIGHTY-SIX OF THE PUBLIC OFFICERS
LAW; AND ANY SCHOOL AS DEFINED IN SUBDIVISION TEN OF SECTION ELEVEN
HUNDRED TWENTY-FIVE OF THE EDUCATION LAW.
§ 280.05 UNLAWFUL USE OF A DRONE IN THE SECOND DEGREE.
A PERSON COMMITS UNLAWFUL USE OF A DRONE IN THE SECOND DEGREE WHEN
SUCH PERSON:
1. OPERATES A DRONE IN A NEFARIOUS MANNER;
2. OPERATES A DRONE OVER PROHIBITED SPACE WITHOUT EXPRESS PRIOR
APPROVAL FROM SOMEONE THE PERSON REASONABLY BELIEVES HAS THE AUTHORITY
TO GRANT SUCH APPROVAL; OR
3. A GOVERNMENTAL EMPLOYEE ACTING IN A MANNER CONSISTENT WITH SUCH
EMPLOYEE'S GOVERNMENTAL DUTIES SHALL NOT BE DEEMED TO BE COMMITTING
UNLAWFUL USE OF A DRONE.
UNLAWFUL USE OF A DRONE IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
§ 280.10 UNLAWFUL USE OF A DRONE IN THE FIRST DEGREE.
A PERSON COMMITS UNLAWFUL USE OF A DRONE IN THE FIRST DEGREE WHEN SUCH
PERSON:
1. COMMITS THE CRIME OF UNLAWFUL USE OF A DRONE IN THE SECOND DEGREE
AFTER HAVING BEEN PREVIOUSLY CONVICTED OF THAT CRIME; OR
2. COMMITS THE CRIME OF UNLAWFUL USE OF A DRONE IN THE SECOND DEGREE
IN FURTHERANCE OF ANOTHER CRIME.
UNLAWFUL USE OF A DRONE IN THE FIRST DEGREE IS A CLASS E FELONY.
§ 280.15 AGGRAVATED UNLAWFUL USE OF A DRONE.
A PERSON COMMITS AGGRAVATED UNLAWFUL USE OF A DRONE WHEN SUCH PERSON
COMMITS THE CRIME OF UNLAWFUL USE OF A DRONE IN THE FIRST DEGREE AFTER
HAVING BEEN PREVIOUSLY CONVICTED OF SUCH CRIME.
AGGRAVATED UNLAWFUL USE OF A DRONE IS A CLASS D FELONY.
§ 2. The executive law is amended by adding a new section 236 to read
as follows:
§ 236. DRONES. 1. THE TERMS USED IN THIS SECTION SHALL HAVE THE SAME
MEANING AS GIVEN IN SECTION 280.00 OF THE PENAL LAW.
2. A POLICE OFFICER AS DEFINED BY SUBDIVISION THIRTY-FOUR OF SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, OR A PEACE OFFICER AS DEFINED BY
SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, ACTING WITHIN SUCH PEACE
OFFICER'S GEOGRAPHICAL JURISDICTION, MAY TAKE REASONABLE AND NECESSARY
MITIGATION MEASURES AGAINST A CREDIBLE THREAT THAT A DRONE POSES TO THE
SAFETY OR SECURITY OF PEOPLE AND/OR PROHIBITED SPACES. SUCH MEASURES
MAY INCLUDE BUT NOT BE LIMITED TO ANY OF THE FOLLOWING:
(A) THE USE OF DETECTION, TRACKING, AND IDENTIFICATION METHODS OF A
DRONE AND/OR DRONE OPERATING SYSTEM.
(B) THE INTERCEPTION OR DISABLING OF A DRONE AND/OR DRONE OPERATING
SYSTEM THROUGH LEGAL AND SAFE METHODS, INCLUDING BUT NOT LIMITED TO BOTH
KINETIC AND NON-KINETIC MITIGATION MEASURES.
(C) A LAW ENFORCEMENT OFFICER OR AGENCY MAY ONLY USE KINETIC MEASURES
WHEN NON-KINETIC MEASURES HAVE OR WOULD REASONABLY BE EXPECTED TO FAIL.
3. (A) A QUALIFYING POLICE OFFICER OR PEACE OFFICER SHALL ACT PURSUANT
TO SUBDIVISION TWO OF THIS SECTION ONLY IF: (I) THE OFFICER HAS
COMPLETED THE TRAINING REQUIRED BY THE SUPERINTENDENT OR THE SUPERINTEN-
DENT'S DESIGNEE; AND (II) THERE IS REASONABLE SUSPICION THAT THE DRONE
IS OPERATING IN A NEFARIOUS MANNER, WITHIN PROHIBITED SPACE, OR IS ABOUT
TO OPERATE IN A NEFARIOUS MANNER AND/OR WITHIN A PROHIBITED SPACE.
(B) WITHIN FORTY-EIGHT HOURS OF UTILIZING ANY MITIGATION MEASURES
AUTHORIZED BY THIS SECTION, THE AGENCY EMPLOYING THE OFFICER WHO
UTILIZED SUCH MEASURES SHALL REPORT SUCH UTILIZATION TO THE SUPERINTEN-
DENT OR THE SUPERINTENDENT'S DESIGNEE, IN THE FORM AND MANNER
S. 9005--A 14 A. 10005--A
PRESCRIBED BY THE SUPERINTENDENT, IN ADDITION TO ANY REPORTING REQUIRED
BY FEDERAL LAW.
4. THE SUPERINTENDENT MAY DESIGNATE ONE OR MORE AREAS OF THE STATE AS
A SPACE TO TEST KINETIC AND NON-KINETIC MITIGATION MEASURES.
5. THE SUPERINTENDENT SHALL ESTABLISH A REGISTRY KNOWN AS "THE NEW
YORK STATE BLUE LIST." SUCH REGISTRY SHALL INCLUDE VETTED AND APPROVED
VENDORS THAT COMPLY WITH APPLICABLE FEDERAL REQUIREMENTS. UPON PUBLICA-
TION OF THE REGISTRY, THE STATE, ITS AGENCIES, AND ANY POLITICAL SUBDI-
VISIONS OF THE STATE MAY ONLY BUY OR LEASE DRONES AND DRONE MITIGATION
TECHNOLOGY FROM VENDORS LISTED ON SUCH REGISTRY.
§ 3. Severability. If any clause, sentence, paragraph, section, or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART E
Section 1. Subdivision 2 of section 2805-i of the public health law,
as amended by section 1 of part II of chapter 56 of the laws of 2021,
paragraph (j) as amended by chapter 646 of the laws of 2025, is amended
to read as follows:
2. Sexual offense evidence shall be collected and maintained as
follows:
(a) All sexual offense evidence shall be kept in a locked, separate
and secure area for twenty years from the date of collection OR UNTIL
THE VICTIM'S FORTIETH BIRTHDAY, WHICHEVER IS LATER; provided that such
evidence shall be transferred to a new location(s) pursuant to this
subdivision.
(b) Sexual offense evidence shall include, but not be limited to,
slides, cotton swabs, clothing and other items. Where appropriate, such
items shall be refrigerated and the clothes and swabs shall be dried,
stored in paper bags, and labeled. Each item of evidence shall be marked
and logged with a code number corresponding to the alleged sexual
offense victim's medical record.
(c) Upon collection, the hospital shall notify the alleged sexual
offense victim that, after twenty years OR UNTIL THE VICTIM'S FORTIETH
BIRTHDAY, WHICHEVER IS LATER, the sexual offense evidence will be
discarded in compliance with state and local health codes and that the
alleged sexual offense victim's clothes or personal effects will be
returned to the alleged sexual offense victim at any time upon request.
The alleged sexual offense victim shall be given the option of providing
contact information for purposes of receiving notice of the planned
destruction of such evidence after the expiration of the twenty-year
period OR UNTIL THE VICTIM'S FORTIETH BIRTHDAY, WHICHEVER IS LATER.
(d) Until September thirtieth, two thousand twenty-two, or earlier if
determined feasible by the director of budget, hospitals shall be
responsible for securing long-term sexual offense evidence pursuant to
this section, after which such storage shall be the responsibility of
the office of victim services. Hospitals may enter into contracts with
other entities that will ensure appropriate and secure long-term storage
of sexual offense evidence pursuant to this section until September
thirtieth, two thousand twenty-two.
S. 9005--A 15 A. 10005--A
(e) Beginning April first, two thousand eighteen, the department, the
office of victim services, the division of criminal justice services and
the division of state police shall jointly study, evaluate and make
recommendations concerning the storage and monitoring of sexual offense
evidence for twenty years, including studying options for the use of:
state-owned or operated facilities; facilities owned or operated by
local government or law enforcement agencies; and facilities owned or
operated by private entities.
(f) Between thirty and ten days prior to the transfer of sexual
offense evidence to the office of victim services, hospitals shall make
diligent efforts to notify the alleged sexual offense victim of the
transfer of custody for the remainder of the twenty-year storage period
OR UNTIL THE VICTIM'S FORTIETH BIRTHDAY, WHICHEVER IS LATER.
(g) On September thirtieth, two thousand twenty-two, or earlier if
determined feasible by the director of budget, responsibility for long-
term storage of sexual offense evidence shall transfer to the office of
victim services.
(h) After September thirtieth, two thousand twenty-two, or earlier if
determined feasible by the director of budget, hospitals shall ensure
transfer of sexual offense evidence collected pursuant to this section
to the office of victim services within ten days of collection of such
evidence, while maintaining chain of custody.
(i) At least ninety days prior to the expiration of the twenty-year
storage period for any sexual offense evidence OR UNTIL THE VICTIM'S
FORTIETH BIRTHDAY, WHICHEVER IS LATER, the office of victim services
shall make diligent efforts to contact the alleged sexual offense victim
to notify the alleged sexual offense victim that the sexual offense
evidence will be discarded in compliance with state and local health
codes and that the alleged sexual offense victim's clothes and personal
effects will be returned to the alleged sexual offense victim upon
request.
(j) (1) Notwithstanding any other provision in this section, sexual
offense evidence shall not continue to be stored where:
(i) such evidence is not privileged and law enforcement requests its
release, in which case the custodian or custodians shall comply with
such request; or
(ii) such evidence is privileged and either (A) the alleged sexual
offense victim gives permission to release the evidence to law enforce-
ment, upon which law enforcement must retrieve the evidence within seven
days of such permission and report such evidence in the statewide elec-
tronic tracking system pursuant to subdivision eight of this section, or
(B) the alleged sexual offense victim signs a statement directing the
custodian or custodians to dispose of the evidence, in which case the
sexual offense evidence will be discarded in compliance with state and
local health codes. WHERE THE ALLEGED SEXUAL OFFENSE VICTIM IS UNDER
THE AGE OF EIGHTEEN, A VULNERABLE ELDERLY PERSON, OR AN INCOMPETENT OR
PHYSICALLY DISABLED PERSON AS DEFINED IN SECTION 260.31 OF THE PENAL
LAW, THE OFFICE OF VICTIM SERVICES SHALL NOT DESTROY SEXUAL OFFENSE
EVIDENCE AT THE DIRECTION OF A PARENT, GUARDIAN, CONSERVATOR, OR OTHER
PARTY.
(2) WHERE THE ALLEGED SEXUAL OFFENSE VICTIM IS UNDER THE AGE OF EIGH-
TEEN AND HAD CAPACITY TO INDEPENDENTLY CONSENT TO A FORENSIC RAPE EXAM,
SUCH VICTIM MAY INDEPENDENTLY REQUEST THE DESTRUCTION OF SEXUAL OFFENSE
EVIDENCE OR MAY INDEPENDENTLY MAKE DECISIONS IMPACTING THE STATUS OF
THEIR KIT AS "REPORTED" OR "UNREPORTED" AS DEFINED IN SUBPARAGRAPHS
THREE AND FOUR OF PARAGRAPH (G) OF SUBDIVISION EIGHT OF THIS SECTION.
S. 9005--A 16 A. 10005--A
(K) WHERE THE ALLEGED SEXUAL OFFENSE VICTIM WAS UNDER THE AGE OF EIGH-
TEEN AT THE TIME OF THE ALLEGED SEXUAL OFFENSE, THE OFFICE OF VICTIM
SERVICES SHALL, UPON THE VICTIM'S EIGHTEENTH BIRTHDAY, MAKE DILIGENT
EFFORTS TO CONTACT THE ALLEGED SEXUAL OFFENSE VICTIM AND PROVIDE INFOR-
MATION DESCRIBED IN SECTION SIX HUNDRED FORTY-ONE OF THE EXECUTIVE LAW
AND SUBPARAGRAPHS ONE, FIVE, SIX, SEVEN AND EIGHT OF PARAGRAPH (A) OF
SUBDIVISION SIX OF THIS SECTION.
§ 2. Subparagraph 6 of paragraph (a) of subdivision 6 of section
2805-i of the public health law, as added by chapter 407 of the laws of
2018, is amended to read as follows:
(6) be notified between thirty and ten days prior to the transfer of a
sexual offense evidence kit from the hospital to another storage facili-
ty in accordance with paragraph (h) of subdivision two of this section,
the right to have a sexual offense evidence kit maintained at an appro-
priate storage facility for twenty years from the date of collection OR
UNTIL THE VICTIM'S FORTIETH BIRTHDAY, WHICHEVER IS LATER, the right, if
not previously consented to, to consent to release the evidence to law
enforcement at any time during the twenty years from collection, and the
right to be notified by such facility at least ninety days prior to the
expiration of the twenty-year storage period in accordance with para-
graph (k) of subdivision two of this section; and
§ 3. Subdivision 7 of section 2805-i of the public health law, as
added by chapter 1 of the laws of 2000 and as renumbered by chapter 407
of the laws of 2018, is amended to read as follows:
7. [On or before November thirtieth, two thousand two, the commission-
er shall make a report to the governor, the temporary president of the
senate and the speaker of the assembly concerning the sexual assault
forensic examiner program established under subdivision four-b of this
section. Such report shall include an evaluation of the efficacy of such
program in obtaining useful forensic evidence in sexual offense cases
and assuring quality treatment to sex offense victims. Such report shall
also recommend whether this program should be expanded and shall esti-
mate the financial cost, if any, of such expansion.] (A) THE DIVISION OF
CRIMINAL JUSTICE SERVICES AND THE OFFICE OF VICTIM SERVICES, IN CONSUL-
TATION WITH THE DIVISION OF STATE POLICE FORENSIC INVESTIGATIONS CENTER
AND THE DEPARTMENT, SHALL CONVENE A WORKING GROUP TO:
(1) ADDRESS THE CREATION OF A COORDINATED TRACKING SYSTEM FOR SEXUAL
OFFENSE EVIDENCE KITS;
(2) ASSESS AND MAKE RECOMMENDATIONS RELATED TO THE FORENSIC TESTING OF
SEXUAL OFFENSE EVIDENCE COLLECTION KITS WHEN A SURVIVOR DECLINES TO
REPORT TO LAW ENFORCEMENT; AND
(3) MAKE RECOMMENDATIONS TO STRENGTHEN EXISTING SEXUAL OFFENSE
EVIDENCE COLLECTION AND TESTING FOR ALL SEXUAL OFFENSE EVIDENCE KITS.
(B) THE WORKING GROUP SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY ON OR BEFORE NOVEMBER THIRTIETH, TWO THOUSAND TWENTY-SIX.
§ 4. Subdivision 8 of section 2805-i of the public health law, as
amended by chapter 646 of the laws of 2025, is amended to read as
follows:
8. (a) The division of criminal justice services in consultation with
the department, the office of victim services, the division of state
police, and the New York State Coalition Against Sexual Assault shall
develop a statewide electronic tracking system for reported evidence
collection kits used to collect and preserve evidence of a sexual
assault or other sex offense. [Such statewide electronic tracking system
shall not include unreported evidence collection kits, provided, howev-
S. 9005--A 17 A. 10005--A
er, that any unreported evidence collection kits released by the office
of victim services to law enforcement pursuant to clause (A) of subpara-
graph (ii) of paragraph j of subdivision two of this section shall be
designated as reported evidence collection kits subject to the tracking
requirements set forth in this subdivision.]
(b) The division of criminal justice services shall promulgate rules
and guidelines to ensure that sexual assault evidence collection kits
are trackable on a statewide electronic tracking system developed pursu-
ant to this subdivision, and that survivors are given notice of how they
may track their own reported evidence collection kit. Such rules and
guidelines shall require that (i) hospitals collecting evidence
collection kits record the collection of any reported evidence
collection kits in the electronic tracking system and notify the appro-
priate law enforcement agency within forty-eight hours of such
collection, and (ii) law enforcement retrieve any reported evidence
collection kit from a hospital within seven days of being notified by a
hospital that a reported evidence collection kit has been collected. Any
hospital, law enforcement agency, forensic laboratory, or prosecutor
that has taken custody of an evidence collection kit used for a forensic
medical examination shall comply with the established protocols, rules
and guidelines established by the division of criminal justice services
pursuant to this paragraph.
(c) The statewide electronic tracking system shall:
(1) Track the location and status of each reported evidence collection
kit from collection to final disposition;
(2) Allow a hospital, law enforcement agency, accredited crime labora-
tory, prosecutor, employees of the long-term sexual offense evidence
storage facility, or any other entity providing a chain of custody for a
reported evidence collection kit, to update and track the status and
location of the reported evidence collection kits; [and]
(3) Allow a survivor to anonymously track or receive updates regarding
the status and location of such survivor's reported evidence collection
kit[.]; AND
(4) INCORPORATE ANY RELEVANT FINDINGS FROM THE WORKING GROUP REFER-
ENCED IN SUBDIVISION SEVEN OF THIS SECTION.
(d) No later than [January] DECEMBER first, two thousand [twenty-five]
TWENTY-SEVEN, any hospital, law enforcement agency, accredited crime
laboratory, prosecutor, employee of the long-term sexual offense
evidence storage facility, or any other entity providing a chain of
custody for a reported evidence collection kit to update and track the
status and location of such kit, shall participate in the tracking
system and comply with all established protocols, rules and guidelines.
A participating entity shall be permitted to access the entity's track-
ing information through the statewide electronic tracking system.
(e) Records entered into the tracking system are confidential. Records
relating to a reported evidence collection kit shall be accessed only by
the survivor for whom the reported evidence collection kit was
completed.
(f) The provisions of this subdivision shall apply to all reported
evidence collection kits submitted prior to, on, or after the effective
date of this subdivision.
(g) For purposes of this section:
(1) "evidence collection kit" shall mean a human biological specimen
or specimens collected by a healthcare provider during a forensic
medical examination from the victim of a sexual assault or other sex
offense;
S. 9005--A 18 A. 10005--A
(2) "survivor" shall mean an individual who is the victim of a sexual
offense from whom a human biological specimen or specimens WERE
collected by a healthcare provider during a forensic medical examina-
tion;
(3) "reported evidence collection kit" means a sexual assault evidence
kit in which the survivor has consented to evidence collection and
[reporting the sexual assault or other sex offense to law enforcement]
FORENSIC TESTING; and
(4) "unreported evidence collection kit" means [evidence collection
kits controlled by the office of victims services pursuant to paragraph
(d) of subdivision two of this section] A SEXUAL OFFENSE EVIDENCE
COLLECTION KIT FOR WHICH THE SURVIVOR HAS NOT CONSENTED OR HAS WITHDRAWN
CONSENT TO EITHER FORENSIC TESTING OR REPORTING TO LAW ENFORCEMENT.
§ 5. This act shall take effect immediately; provided, however, that
sections one and two of this act shall take effect on the five hundred
forty-fifth day after it shall have become a law.
PART F
Section 1. Section 176.05 of the penal law, as amended by chapter 211
of the laws of 2011 and the closing paragraph as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 176.05 Insurance fraud; defined.
1. A fraudulent insurance act is committed by any person who, knowing-
ly and with intent to defraud presents, causes to be presented, or
prepares with knowledge or belief that it will be presented to or by an
insurer, self insurer, or purported insurer, or purported self insurer,
or any agent thereof:
[1.] (A) any written statement as part of, or in support of, an appli-
cation for the issuance of, or the rating of a commercial insurance
policy, or certificate or evidence of self insurance for commercial
insurance or commercial self insurance, or a claim for payment or other
benefit pursuant to an insurance policy or self insurance program for
commercial or personal insurance that [he or she] SUCH PERSON knows to:
[(a)] (I) contain materially false information concerning any fact
material thereto; or
[(b)] (II) conceal, for the purpose of misleading, information
concerning any fact material thereto; or
[2.] (B) any written statement or other physical evidence as part of,
or in support of, an application for the issuance of a health insurance
policy, or a policy or contract or other authorization that provides or
allows coverage for, membership or enrollment in, or other services of a
public or private health plan, or a claim for payment, services or other
benefit pursuant to such policy, contract or plan that [he or she] SUCH
PERSON knows to:
[(a)] (I) contain materially false information concerning any material
fact thereto; or
[(b)] (II) conceal, for the purpose of misleading, information
concerning any fact material thereto.
Such policy or contract or plan or authorization shall include, but
not be limited to, those issued or operating pursuant to any public or
governmentally-sponsored or supported plan for health care coverage or
services or those otherwise issued or operated by entities authorized
pursuant to the public health law. For purposes of this subdivision an
"application for the issuance of a health insurance policy" shall not
S. 9005--A 19 A. 10005--A
include (i) any application for a health insurance policy or contract
approved by the superintendent of financial services pursuant to the
provisions of sections three thousand two hundred sixteen, four thousand
three hundred four, four thousand three hundred twenty-one or four thou-
sand three hundred twenty-two of the insurance law or any other applica-
tion for a health insurance policy or contract approved by the super-
intendent of financial services in the individual or direct payment
market; or (ii) any application for a certificate evidencing coverage
under a self-insured plan or under a group contract approved by the
superintendent of financial services.
2. A PERSON WHO HIRES, REQUESTS, ENCOURAGES, ORCHESTRATES, OR INVITES
ANOTHER INDIVIDUAL TO STAGE A MOTOR VEHICLE ACCIDENT, AS THAT TERM IS
DEFINED IN SECTION 176.75 OF THIS ARTICLE, COMMITS A FRAUDULENT INSUR-
ANCE ACT, AND THE PERSON WHO HIRED, REQUESTED, ENCOURAGED, ORCHESTRATED,
OR INVITED THE OTHER TO STAGE A MOTOR VEHICLE ACCIDENT SHALL BE DEEMED
TO HAVE WRONGFULLY TAKEN, OBTAINED, OR WITHHELD THE FULL AMOUNT OF LOSS
TO THE VICTIM OR VICTIMS OF THE FRAUDULENT INSURANCE ACT.
§ 2. Section 176.15 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 176.15 Insurance fraud in the fourth degree.
A person is guilty of insurance fraud in the fourth degree when [he]
SUCH PERSON commits a fraudulent insurance act and thereby wrongfully
takes, obtains or withholds, or attempts to wrongfully take, obtain or
withhold property [with a value in excess of one thousand dollars].
Insurance fraud in the fourth degree is a class E felony.
§ 3. Section 176.20 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 176.20 Insurance fraud in the third degree.
A person is guilty of insurance fraud in the third degree when [he]
SUCH PERSON commits [a] ONE OR MORE fraudulent insurance [act] ACTS and
thereby wrongfully takes, obtains or withholds, or attempts to wrongful-
ly take, obtain or withhold property FROM A SINGLE INSURER with a value
in excess of [three] ONE thousand dollars.
Insurance fraud in the third degree is a class D felony.
§ 4. Section 176.25 of the penal law, as added by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 176.25 Insurance fraud in the second degree.
A person is guilty of insurance fraud in the second degree when [he]
SUCH PERSON commits [a] ONE OR MORE fraudulent insurance [act] ACTS and
thereby wrongfully takes, obtains or withholds, or attempts to wrongful-
ly take, obtain or withhold property FROM A SINGLE INSURER with a value
in excess of [fifty] THREE thousand dollars.
Insurance fraud in the second degree is a class C felony.
§ 5. Section 176.30 of the penal law, as added by chapter 515 of the
laws of 1986, is amended to read as follows:
§ 176.30 Insurance fraud in the first degree.
A person is guilty of insurance fraud in the first degree when [he]
SUCH PERSON commits [a] ONE OR MORE fraudulent insurance [act] ACTS and
thereby wrongfully takes, obtains or withholds, or attempts to wrongful-
ly take, obtain or withhold property FROM A SINGLE INSURER with a value
in excess of [one million] FIFTY THOUSAND dollars.
Insurance fraud in the first degree is a class B felony.
§ 6. Section 177.10 of the penal law, as added by chapter 442 of the
laws of 2006, is amended to read as follows:
§ 177.10 Health care fraud in the fourth degree.
S. 9005--A 20 A. 10005--A
A person is guilty of health care fraud in the fourth degree when such
person, on one or more occasions, commits the crime of health care fraud
in the fifth degree and the payment or portion of the payment wrongfully
received, as the case may be, from a single health plan, [in a period of
not more than one year,] exceeds [three] ONE thousand dollars in the
aggregate.
Health care fraud in the fourth degree is a class E felony.
§ 7. Section 177.15 of the penal law, as added by chapter 442 of the
laws of 2006, is amended to read as follows:
§ 177.15 Health care fraud in the third degree.
A person is guilty of health care fraud in the third degree when such
person, on one or more occasions, commits the crime of health care fraud
in the fifth degree and the payment or portion of the payment wrongfully
received, as the case may be, from a single health plan, [in a period of
not more than one year,] exceeds [ten] THREE thousand dollars in the
aggregate.
Health care fraud in the third degree is a class D felony.
§ 8. Section 177.20 of the penal law, as added by chapter 442 of the
laws of 2006, is amended to read as follows:
§ 177.20 Health care fraud in the second degree.
A person is guilty of health care fraud in the second degree when such
person, on one or more occasions, commits the crime of health care fraud
in the fifth degree and the payment or portion of the payment wrongfully
received, as the case may be, from a single health plan, [in a period of
not more than one year,] exceeds fifty thousand dollars in the aggre-
gate.
Health care fraud in the second degree is a class C felony.
§ 9. Section 177.25 of the penal law, as added by chapter 442 of the
laws of 2006, is amended to read as follows:
§ 177.25 Health care fraud in the first degree.
A person is guilty of health care fraud in the first degree when such
person, on one or more occasions, commits the crime of health care fraud
in the fifth degree and the payment or portion of the payment wrongfully
received, as the case may be, from a single health plan, [in a period of
not more than one year,] exceeds one [million] HUNDRED THOUSAND dollars
in the aggregate.
Health care fraud in the first degree is a class B felony.
§ 10. This act shall take effect immediately.
PART G
Section 1. Section 846-l of the executive law, as added by chapter 170
of the laws of 1994, subdivision 2 as amended by section 3, paragraph
(e) of subdivision 3 as amended by section 4, paragraph (h) of subdivi-
sion 3 as amended by section 5 of part T of chapter 57 of the laws of
2000, and paragraphs (e) and (g) of subdivision 3 as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
§ 846-l. New York motor vehicle theft and insurance fraud prevention
board. 1. There is hereby created in the division of criminal justice
services the New York motor vehicle theft and insurance fraud prevention
board (hereinafter "board"), which shall consist of the following
members:
(a) The commissioner of criminal justice services (hereinafter
"commissioner"), or [his] THEIR designee, who shall serve as the voting
chairperson of the board;
S. 9005--A 21 A. 10005--A
(b) THE COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES, OR THEIR
DESIGNEE;
(C) THE CHIEF JUDGE OF THE COURT OF APPEALS, OR THEIR DESIGNEE;
(D) THE SUPERINTENDENT OF THE STATE POLICE, OR THEIR DESIGNEE;
(E) Three [voting] members appointed by the governor on the recommen-
dation of the speaker of the assembly provided, however, that no more
than two such appointments made pursuant to this paragraph shall be from
the same category of members as provided for in subdivision two of this
section.
[(c)] (F) Three [voting] members appointed by the governor on the
recommendation of the temporary president of the senate provided, howev-
er, that no more than two such appointments made pursuant to this para-
graph shall be from the same category of members as provided for in
subdivision two of this section; and
[(d)] (G) Five [voting] members appointed by the governor provided,
however, that no more than two such appointments made pursuant to this
paragraph shall be from the same category of members as provided for in
subdivision two of this section.
2. The members of the board appointed on the recommendation of the
speaker of the assembly and the temporary president of the senate, and
the members of the board appointed by the governor pursuant to paragraph
[(d)] (G) of subdivision one of this section, shall be representative of
consumers of motor vehicle insurance, motor vehicle insurance companies,
law enforcement agencies and the judicial system. The appointments shall
be made not later than one hundred eighty days after the date on which
this section shall have become law. [Members of the board who are not
public officials shall serve for a term of four years.] Members of the
board shall serve without compensation, except that members of the board
who are not public officials shall be entitled to receive reasonable
reimbursement for expenses incurred by them in performance of their
duties as members of the board. [A majority of the members of the board
shall constitute a quorum for the transaction of business at a meeting.
Action may be taken by the board at a meeting upon a vote of the majori-
ty of its members present. Every member of the board shall be entitled
to designate a representative to attend, in his or her place, a meeting
of the board and to vote or otherwise act in his or her behalf,
provided, however, that a member may not designate such a representative
more than once each year. Written notice of such designation shall be
furnished to the board by the designating member prior to any meeting
attended by his or her representative. Any such representative shall
serve at the pleasure of the designating member. No such representative
shall be authorized to delegate any of his or her duties or functions to
any other person.] The board shall meet at [least four times each year,
and at other times at] the call of the chairperson [or upon the written
request of two-thirds of the members of the board] AND MAY ESTABLISH ITS
OWN RULES AND PROCEDURES CONCERNING THE CONDUCT OF ITS MEETINGS AND
OTHER AFFAIRS NOT INCONSISTENT WITH LAW.
3. THE BOARD SHALL MAKE RECOMMENDATIONS FOR IMPROVING THE QUALITY AND
EFFECTIVENESS OF THE PROGRAM.
4. The commissioner OR THEIR DESIGNEE shall[, pursuant to the recom-
mendation of the board,] have the power and duty to:
(a) Make, execute, and deliver contracts, conveyances, and other
instruments necessary to effect the purposes and objectives of the
program;
(b) Accept any grant, including federal grants, or any other contrib-
utions for the purposes of the program. Any moneys so received shall be
S. 9005--A 22 A. 10005--A
expended by the commissioner for the program's purposes, pursuant to
appropriation and subject to the applicable provisions of the state
finance law;
(c) Make grants pursuant to a request for proposals process;
(d) Appoint such employees and agents as the commissioner may deem
necessary, fix their compensation within the limitations provided by
law, and prescribe their duties;
(e) Request from the division of state police, from county or munici-
pal police departments and agencies, from the department of financial
services, from the department of motor vehicles, from the office of
court administration, from any other state department or agency or
public authority, or from any insurer which offers motor vehicle insur-
ance such assistance and data as are useful for the purposes and objec-
tives of the program;
(f) Cooperate with and assist political subdivisions of the state in
the development of local programs to prevent motor vehicle theft and
insurance fraud;
(g) Advise and assist the superintendent of financial services pursu-
ant to section two thousand three hundred forty-eight of the insurance
law; and
(h) Submit, no later than [February] SEPTEMBER fifteenth of each year
to the governor and the chairperson of the senate finance committee and
the chairperson of the assembly ways and means committee, a [written]
report on the board's activities, the activities of grant recipients,
the results achieved by the grant recipients in improving the detection,
prevention or reduction of motor vehicle theft and insurance fraud and
the impact such efforts may have on motor vehicle insurance rates.
(I) NOTHING SHALL PROHIBIT THE COMMISSIONER FROM EXERCISING ANY POWERS
PROVIDED IN THIS ARTICLE SHOULD THE BOARD FAIL TO MAKE ANY RECOMMENDA-
TIONS.
§ 2. Subdivision 1 of section 846-m of the executive law, as amended
by section 6 of part T of chapter 57 of the laws of 2000, is amended to
read as follows:
1. In accordance with the legislative intent of this article, the
[board shall develop and recommend to the] commissioner SHALL DEVELOP a
plan of operation which shall provide for a coordinated approach to
curtailing motor vehicle theft and motor vehicle insurance fraud
throughout the state. The plan shall provide an integrated means to
detect, prevent, deter and reduce motor vehicle theft and motor vehicle
insurance fraud by providing funds, [upon the recommendation of the
board and] approved by the commissioner, to meet these objectives. The
plan of operation [shall] MAY include but not be limited to: an assess-
ment of the scope of the problem of motor vehicle theft and motor vehi-
cle insurance fraud, including a regional analysis of the incidence of
motor vehicle theft and motor vehicle insurance fraud and related activ-
ities; an analysis of various methods of combating the problem; and the
development of a request for proposals process, consistent with the
plan, for applications from provider agencies to receive grants from the
fund.
§ 3. Paragraphs (c) and (d) of subdivision 2 of section 846-m of the
executive law, paragraph (c) as amended by section 6 of part T of chap-
ter 57 of the laws of 2000 and paragraph (d) as amended by section 9 of
part T of chapter 56 of the laws of 2009, are amended to read as
follows:
(c) In allocating the moneys for the program, the commissioner[, upon
recommendation of the board,] shall, to the greatest extent possible,
S. 9005--A 23 A. 10005--A
take into account the geographic incidence of motor vehicle theft and
insurance fraud, whereby localities with the greatest incidence of motor
vehicle theft and insurance fraud shall be targeted for the purposes of
this program.
(d) The state comptroller [shall] MAY conduct an audit of all moneys
received and expended by the fund as well as all other funds expended
from any other source for the purposes of this program, and shall submit
a written report detailing such audit to the governor and legislature on
or before [March] SEPTEMBER first of each year.
§ 4. Subdivision 4 of section 89-d of the state finance law, as
amended by chapter 170 of the laws of 1994, is amended to read as
follows:
4. The moneys received by such fund shall be expended pursuant to
appropriation only to fund provider agencies which have been awarded
grants by the [motor vehicle theft and insurance fraud prevention board
established] COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
pursuant to section eight hundred forty-six-l of the executive law. All
moneys expended pursuant to this subdivision shall be for the reimburse-
ment of costs incurred by provider agencies.
§ 5. This act shall take effect immediately.
PART H
Section 1. Subdivision 4 of section 530.12 of the criminal procedure
law, as amended by chapter 589 of the laws of 1997, is amended to read
as follows:
4. The court may issue or extend a temporary order of protection ex
parte or on notice simultaneously with the issuance of a warrant for the
arrest of defendant. Such temporary order of protection [may] SHALL
continue in effect until the day the defendant subsequently appears in
court pursuant to such warrant or voluntarily or otherwise, AND THE
COURT SHALL SO INFORM THE DEFENDANT WHEN ISSUING THE ORDER OF
PROTECTION.
§ 2. Subdivision 3 of section 530.13 of the criminal procedure law, as
amended by chapter 589 of the laws of 1997, is amended to read as
follows:
3. The court may issue or extend a temporary order of protection under
this section ex parte simultaneously with the issuance of a warrant for
the arrest of the defendant. Such temporary order of protection [may]
SHALL continue in effect until the day the defendant subsequently
appears in court pursuant to such warrant or voluntarily or otherwise,
AND THE COURT SHALL SO INFORM THE DEFENDANT WHEN ISSUING THE ORDER OF
PROTECTION.
§ 3. Subdivision 3 of section 828 of the family court act, as amended
by chapter 530 of the laws of 1980, is amended to read as follows:
3. The court may issue or extend a temporary order of protection ex
parte or on notice simultaneously with the issuance of a warrant,
directing that the respondent be arrested and brought before the court,
pursuant to section eight hundred twenty-seven of this article. WHEN
THE RESPONDENT FIRST APPEARS IN COURT, THE COURT SHALL INFORM THE
RESPONDENT THAT SUCH TEMPORARY ORDER OF PROTECTION SHALL CONTINUE IN
EFFECT UNTIL THE RESPONDENT SUBSEQUENTLY APPEARS IN COURT.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART I
S. 9005--A 24 A. 10005--A
Section 1. Paragraph (a) of subdivision 8 of section 190.30 of the
criminal procedure law, as added by chapter 279 of the laws of 2008, is
amended to read as follows:
(a) A business record AS DEFINED IN RULE FORTY-FIVE HUNDRED EIGHTEEN
OF THE CIVIL PRACTICE LAW AND RULES GENERATED BY A BUSINESS ENTITY may
be received in such grand jury proceedings as evidence [of the following
facts and similar facts stated therein:
(i) a person's use of, subscription to and charges and payments for
communication equipment and services including but not limited to equip-
ment or services provided by telephone companies and internet service
providers, but not including recorded conversations or images communi-
cated thereby; and
(ii) financial transactions, and a person's ownership or possessory
interest in any account, at a bank, insurance company, brokerage,
exchange or banking organization as defined in section two of the bank-
ing law].
§ 2. Paragraph (c) of subdivision 8 of section 190.30 of the criminal
procedure law, as added by chapter 279 of the laws of 2008, is amended
to read as follows:
(c) Any business record offered to a grand jury pursuant to paragraph
(a) of this subdivision that includes material [beyond that described in
such paragraph (a)] OUTSIDE THE SCOPE OF THE BUSINESS RECORD AS REGULAR-
LY GENERATED shall be redacted to exclude such additional material, or
received subject to a limiting instruction that the grand jury shall not
consider such additional material in support of any criminal charge.
§ 3. Subparagraph (ii) of paragraph (b) of subdivision 1 of section
190.32 of the criminal procedure law, as amended by chapter 320 of the
laws of 2006, is amended and a new subparagraph (iii) is added to read
as follows:
(ii) More than twelve years old and who is likely to suffer very
severe emotional or mental stress if required to testify in person
concerning any crime defined in article one hundred thirty or two
hundred sixty or section 255.25, 255.26 or 255.27 of the penal law to
which the person was a witness or of which the person was a victim[.];
OR
(III) A WITNESS, OTHER THAN ANY WITNESS WHO HAS WAIVED IMMUNITY PURSU-
ANT TO SECTION 190.40 OF THIS ARTICLE, INCLUDING A DEFENDANT, LOCATED
MORE THAN ONE HUNDRED MILES FROM THE GRAND JURY PROCEEDING.
§ 4. Subdivision 5 of section 190.32 of the criminal procedure law is
amended by adding a new paragraph (h) to read as follows:
(H) WHEN A WITNESS IS DESIGNATED A SPECIAL WITNESS PURSUANT TO SUBPAR-
AGRAPH (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, THE
TESTIMONY OF THAT WITNESS SHALL BE TAKEN USING REMOTE VIDEOCONFERENCING
TECHNOLOGY WITH THE PROSECUTOR CONDUCTING THE QUESTIONING IN THE PRES-
ENCE OF THE GRAND JURY. THE WITNESS MUST SWEAR OR AFFIRM (I) THE WITNESS
IS NOT USING NOTES OR OTHER MATERIAL AND (II) THAT NO OTHER PERSONS ARE
PRESENT EXCEPT THE WITNESS. IF A TRANSLATOR IS NECESSARY, THE TRANSLA-
TOR SHALL TRANSLATE FROM THE GRAND JURY ROOM AS IF THE WITNESS WAS PHYS-
ICALLY PRESENT. THE TECHNOLOGY USED PURSUANT TO THIS SECTION SHALL SEEK
TO ENSURE THAT THE COMMUNICATION BE REASONABLY SECURE FROM INTERCEPTION
OR EAVESDROPPING BY ANYONE OTHER THAN THE PERSONS COMMUNICATING, AND
MUST ENSURE THAT THE WITNESS MAY BE CLEARLY HEARD, SEEN, AND EXAMINED,
AND THAT THE WITNESS CAN, AT A MINIMUM, CLEARLY HEAR THE PROSECUTOR.
§ 5. This act shall take effect immediately.
PART J
S. 9005--A 25 A. 10005--A
Section 1. Subdivision 1 of section 29-b of the executive law, as
amended by section 7 of part B of chapter 56 of the laws of 2010, is
amended to read as follows:
1. STATE USE OF DISASTER EMERGENCY RESPONSE PERSONNEL AND NON-STATE
RESOURCE PROVIDERS. A. The governor may, in [his or her] THEIR
discretion, direct the state disaster preparedness commission to conduct
an emergency exercise or drill, under its direction, in which all or any
of the personnel and resources of the agencies of the commission of the
state may be utilized to perform the duties assigned to them in a disas-
ter, for the purpose of protecting and preserving human life or property
in a disaster. During a disaster or such drill or exercise, disaster
emergency response personnel in the state shall operate under the direc-
tion and command of the chair of such commission, and shall possess the
same powers, duties, rights, privileges and immunities as are applicable
in a civil defense drill held at the direction of the state civil
defense commission under the provisions of the New York state defense
emergency act.
B. THE GOVERNOR MAY DEPLOY NON-STATE RESOURCE PROVIDERS TO ANOTHER
COMPACT MEMBER JURISDICTION UNDER ANY COMPACT IN THIS ARTICLE. WHEN
AUTHORIZED TO PROVIDE ASSISTANCE AND DEPLOYED BY THE LEGALLY DESIGNATED
STATE OFFICIAL OR OFFICIALS, NON-STATE RESOURCE PROVIDERS SHALL BE
DEEMED AGENTS OF THE STATE FOR PURPOSES OF THE DEPLOYMENT AND SHALL BE
ENTITLED TO THE RIGHTS AND BENEFITS PROVIDED TO STATE RESOURCE PROVIDERS
BY THE COMPACT, SUBJECT TO ANY TERMS AND CONDITIONS OF THE REQUESTING
STATE. NON-STATE RESOURCE PROVIDERS SHALL NOT OFFER ASSISTANCE TO, OR
REQUEST ASSISTANCE FROM, ANOTHER COMPACT MEMBER JURISDICTION. THE DIVI-
SION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL SERVE AS THE
COORDINATOR FOR OFFERS AND REQUESTS FOR ASSISTANCE AND FACILITATOR OF
THE REIMBURSEMENT OF NON-STATE RESOURCE PROVIDERS BY THE REQUESTING
STATE. THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL
NOT BE RESPONSIBLE FOR REIMBURSEMENT UNTIL THE DIVISION RECEIVES PAYMENT
FROM THE REQUESTING COMPACT MEMBER JURISDICTION.
§ 2. The executive law is amended by adding a new section 29-k to read
as follows:
§ 29-K. NORTHERN EMERGENCY MANAGEMENT ASSISTANCE COMPACT. NOTWITH-
STANDING ANY OTHER LAW, THE STATE, THROUGH THE GOVERNOR, MAY ENTER THE
NORTHERN EMERGENCY MANAGEMENT ASSISTANCE COMPACT (P.L. 112-282, RATIFIED
BY CONGRESS ON JANUARY FOURTEENTH, TWO THOUSAND THIRTEEN). SUCH COMPACT
SHALL BE DEEMED RATIFIED BY THE LEGISLATURE UPON THE GOVERNOR'S CERTIF-
ICATION TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, AND THE SECRETARY OF STATE, THAT NEW YORK HAS ENTERED INTO THE
COMPACT.
§ 3. The executive law is amended by adding a new section 29-l to read
as follows:
§ 29-L. INTERNATIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT.
NOTWITHSTANDING ANY OTHER LAW, THE STATE, THROUGH THE GOVERNOR, MAY
ENTER THE COMPACT ESTABLISHED BY THE EMERGENCY MANAGEMENT ASSISTANCE
MEMORANDUM OF UNDERSTANDING (EXECUTED ON JULY EIGHTEENTH, TWO THOUSAND
BY THE STATES OF CONNECTICUT, MAINE, MASSACHUSETTS, NEW HAMPSHIRE, RHODE
ISLAND, AND VERMONT AND THE CANADIAN PROVINCES OF NEW BRUNSWICK,
NEWFOUNDLAND, NOVA SCOTIA, PRINCE EDWARD ISLAND, AND QUEBEC) AT THE
TWENTY-FIFTH CONFERENCE OF NEW ENGLAND GOVERNORS AND EASTERN CANADIAN
PREMIERS, AS AUTHORIZED BY ARTICLE II(J) OF THE AGREEMENT BETWEEN THE
GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT OF CANADA ON COOPER-
ATION IN COMPREHENSIVE EMERGENCY PLANNING AND MANAGEMENT RENEWED ON
DECEMBER SECOND, NINETEEN NINETY-EIGHT. SUCH COMPACT SHALL BE DEEMED
S. 9005--A 26 A. 10005--A
RATIFIED BY THE LEGISLATURE UPON THE GOVERNOR'S CERTIFICATION TO THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
SECRETARY OF STATE, THAT NEW YORK HAS ENTERED INTO THE COMPACT.
§ 4. This act shall take effect immediately.
PART K
Section 1. The section heading, subdivision 1 and subdivision 3 of
section 240.70 of the penal law, as added by chapter 635 of the laws of
1999, are amended to read as follows:
Criminal interference with health care services or ACCESS TO A PLACE
OF religious worship in the second degree.
1. A person is guilty of criminal interference with health services or
ACCESS TO A PLACE OF religious worship in the second degree when:
(a) by force or threat of force or by physical obstruction, [he or
she] SUCH PERSON intentionally injures, intimidates or interferes with,
or attempts to injure, intimidate or interfere with, another person
because such other person was or is obtaining or providing reproductive
health services; or
(b) by force or threat of force or by physical obstruction, [he or
she] SUCH PERSON intentionally injures, intimidates or interferes with,
or attempts to injure, intimidate or interfere with, another person in
order to discourage such other person or any other person or persons
from obtaining or providing reproductive health services; or
(c) by force or threat of force or by physical obstruction, [he or
she] SUCH PERSON intentionally injures, intimidates or interferes with,
or attempts to injure, intimidate or interfere with, another person
[because] WHEN such person [was or is seeking to exercise the right of
religious freedom at] SEEKS TO ENTER OR EXIT a place of religious
worship, OR TO EXERCISE THE RIGHT OF RELIGIOUS FREEDOM THEREIN; or
(d) [he or she] SUCH PERSON intentionally damages the property of a
health care facility, or attempts to do so, because such facility
provides reproductive health services, or intentionally damages the
property of a place of religious worship[.]; OR
(E) WITH INTENT TO ALARM AND ANNOY ANYONE WHO SEEKS TO ENTER, EXIT,
WORK INSIDE OF, OR USE THE SERVICES OF EITHER A REPRODUCTIVE HEALTH CARE
CLINIC OR A HOUSE OF WORSHIP, SUCH PERSON DEMONSTRATES OR PREPARES TO
DEMONSTRATE WITHIN TWENTY-FIVE FEET OF DISTANCE FROM SUCH FACILITY,
INCLUDING ITS PARKING LOT, PARKING LOT ENTRANCES, DRIVEWAY AND DRIVEWAY
ENTRANCES OF SUCH FACILITIES.
3. For purposes of this section:
(a) the term "health care facility" means a hospital, clinic, physi-
cian's office or other facility that provides reproductive health
services, and includes the building or structure in which the facility
is located AND SHALL INCLUDE THE DRIVE, ENTRANCE, ENTRYWAY, OR EXIT AND
ANY PUBLIC WAY OR SIDEWALK THAT TOUCHES SUCH BUILDING OR STRUCTURE;
(b) the term "interferes with" means to restrict a person's freedom of
movement;
(c) the term "intimidates" means to place a person in reasonable
apprehension of physical injury to [himself or herself] THEMSELF or to
another person;
(d) the term "physical obstruction" means rendering impassable ingress
to or egress from a facility that provides reproductive health services
or to or from a place of religious worship, or rendering passage to or
from such a facility or place of religious worship unreasonably diffi-
cult or hazardous; [and]
S. 9005--A 27 A. 10005--A
(e) the term "reproductive health services" means health care services
provided in a hospital, clinic, physician's office or other facility and
includes medical, surgical, counseling or referral services relating to
the human reproductive system, including services relating to pregnancy
or the termination of a pregnancy[.]; AND
(F) THE TERM "PLACE OF RELIGIOUS WORSHIP" SHALL MEAN ANY BUILDING OR
STRUCTURE THAT A REASONABLE PERSON WOULD KNOW THAT RELIGIOUS ADHERENTS
COLLECTIVELY RECOGNIZE AS A PLACE TO REGULARLY GATHER FOR OR TO HOLD
RELIGIOUS WORSHIP ACTIVITIES OR PROVIDE RELIGIOUS EDUCATION OR INSTRUC-
TION. A "PLACE OF RELIGIOUS WORSHIP" SHALL INCLUDE ANY DRIVE, ENTRYWAY,
OR EXIT AND ANY PUBLIC WAY OR SIDEWALK THAT TOUCHES SUCH BUILDING OR
STRUCTURE.
§ 2. Section 240.71 of the penal law, as amended by chapter 493 of the
laws of 2009, is amended to read as follows:
§ 240.71 Criminal interference with health care services or ACCESS TO A
PLACE OF religious worship in the first degree.
A person is guilty of criminal interference with health care services
or ACCESS TO A PLACE OF religious worship in the first degree when [he
or she]:
1. SUCH PERSON commits the crime of criminal interference with health
care services or ACCESS TO A PLACE OF religious worship in the second
degree and has been previously convicted of the crime of criminal inter-
ference with health care services or ACCESS TO A PLACE OF religious
worship in the first or second degree or aggravated interference with
health care services in the first or second degree[.]; OR
2. WITH INTENT TO ALARM AND ANNOY ANYONE WHO SEEKS TO ENTER, EXIT,
WORK INSIDE OF, OR USE THE SERVICES OF A REPRODUCTIVE HEALTH CARE FACIL-
ITY OR PLACE OF RELIGIOUS WORSHIP, SUCH PERSON DEMONSTRATES OR PREPARES
TO DEMONSTRATE EITHER: (A) INSIDE OF A REPRODUCTIVE HEALTH CARE FACILITY
OR PLACE OF RELIGIOUS WORSHIP; OR (B) WITH AT LEAST ONE OTHER PERSON,
OUTSIDE OF A REPRODUCTIVE HEALTH CARE FACILITY OR PLACE OF RELIGIOUS
WORSHIP WITHIN TWENTY-FIVE FEET OF DISTANCE FROM SUCH FACILITY, INCLUD-
ING ITS PARKING LOT, PARKING LOT ENTRANCES, DRIVEWAY AND DRIVEWAY
ENTRANCES OF SUCH FACILITIES.
Criminal interference with health care services or ACCESS TO A PLACE
OF religious worship in the first degree is a class E felony.
§ 3. Section 240.72 of the penal law, as added by chapter 493 of the
laws of 2009, is amended to read as follows:
§ 240.72 Aggravated interference with health care services OR ACCESS TO
A PLACE OF RELIGIOUS WORSHIP in the second degree.
A person is guilty of the crime of aggravated interference with health
care services OR ACCESS TO A PLACE OF RELIGIOUS WORSHIP in the second
degree when [he or she] SUCH PERSON commits the crime of criminal inter-
ference with health care services or ACCESS TO A PLACE OF religious
worship in violation of [paragraph (a) of] subdivision one of section
240.70 of this article and thereby causes physical injury to such other
person who was obtaining or providing, or was assisting another person
to obtain or provide reproductive health services, OR TO A PERSON WHO
WAS ENTERING, EXITING, SEEKING TO ENTER OR EXIT, OR INSIDE OF A PLACE OF
RELIGIOUS WORSHIP.
Aggravated interference with health care services OR ACCESS TO A PLACE
OF RELIGIOUS WORSHIP in the second degree is a class E felony.
§ 4. Section 240.73 of the penal law, as added by chapter 493 of the
laws of 2009, is amended to read as follows:
§ 240.73 Aggravated interference with health care services OR ACCESS TO
A PLACE OF RELIGIOUS WORSHIP in the first degree.
S. 9005--A 28 A. 10005--A
A person is guilty of the crime of aggravated interference with health
care services OR ACCESS TO A PLACE OF RELIGIOUS WORSHIP in the first
degree when [he or she] SUCH PERSON commits the crime of criminal inter-
ference with health care services or ACCESS TO A PLACE OF religious
worship in violation of [paragraph (a) of] subdivision one of section
240.70 of this article and thereby causes serious physical injury to
such other person who was obtaining or providing, or who was assisting
another person to obtain or provide reproductive health services, OR TO
A PERSON WHO WAS ENTERING, EXITING, SEEKING TO ENTER OR EXIT, OR INSIDE
OF A PLACE OF RELIGIOUS WORSHIP.
Aggravated interference with health care services OR ACCESS TO A PLACE
OF RELIGIOUS WORSHIP in the first degree is a class C felony.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.
PART L
Section 1. This act shall be known and may be cited as the "sensitive
location protection act".
§ 2. The civil rights law is amended by adding a new section 29 to
read as follows:
§ 29. SENSITIVE LOCATIONS. 1. DEFINITIONS. FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "SENSITIVE LOCATION" SHALL MEAN:
(I) A PUBLIC SCHOOL, NON-PUBLIC SCHOOL, OR ANY STATE-OPERATED OR
STATE-SUPPORTED SCHOOLS;
(II) AN INSTITUTION OF HIGHER EDUCATION;
(III) THE LOCATION OF ANY PROGRAM LICENSED, REGULATED, CERTIFIED,
FUNDED, OR APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES THAT
PROVIDES SERVICES TO CHILDREN, YOUTH, OR YOUNG ADULTS, ANY LEGALLY
EXEMPT CHILDCARE PROVIDER, A CHILDCARE PROGRAM FOR WHICH A PERMIT TO
OPERATE SUCH PROGRAM HAS BEEN ISSUED BY THE NEW YORK CITY DEPARTMENT OF
HEALTH AND MENTAL HYGIENE PURSUANT TO THE HEALTH CODE OF THE CITY OF NEW
YORK, NURSERY SCHOOLS, PRESCHOOLS, AND SUMMER CAMPS;
(IV) A HEALTH CARE FACILITY, INCLUDING A DOCTOR'S OFFICE, HOSPITAL, OR
ANY LOCATION PROVIDING HEALTH OR BEHAVIORAL HEALTH SERVICES; OR
(V) A HOUSE OF WORSHIP, WHICH SHALL MEAN ANY BUILDING OR STRUCTURE
THAT A REASONABLE PERSON WOULD KNOW THAT RELIGIOUS ADHERENTS COLLECTIVE-
LY RECOGNIZE AS A PLACE TO REGULARLY GATHER FOR OR TO HOLD RELIGIOUS
WORSHIP ACTIVITIES OR PROVIDE RELIGIOUS EDUCATION OR INSTRUCTION, SUCH
AS A CHURCH, SYNAGOGUE, TEMPLE, OR MOSQUE.
(B) "CIVIL IMMIGRATION ENFORCEMENT" SHALL MEAN ANY IMMIGRATION
ENFORCEMENT ACTIONS OTHER THAN ENFORCEMENT OF FEDERAL CRIMINAL LAW.
(C) "DENY ACCESS" SHALL MEAN DECLINING TO GRANT PERMISSION TO ENTER
AND DECLINING TO FACILITATE THE ENTRY OF AN INDIVIDUAL TO A SENSITIVE
LOCATION.
2. SENSITIVE LOCATIONS FOR CIVIL IMMIGRATION ENFORCEMENT. (A) A SENSI-
TIVE LOCATION THAT IS OWNED OR OPERATED BY A STATE OR LOCAL GOVERNMENTAL
ENTITY OR PUBLIC AUTHORITY, OR A UNIT OF THE EXECUTIVE BRANCH OF THE
STATE OR OF A LOCAL GOVERNMENT IN NEW YORK STATE THAT OPERATES AT A
SENSITIVE LOCATION, SHALL DENY ACCESS TO ANY PORTION OF THE SENSITIVE
LOCATION THAT IS NOT ACCESSIBLE TO THE GENERAL PUBLIC TO ANY INDIVIDUAL
SEEKING ACCESS FOR THE PURPOSES OF CIVIL IMMIGRATION ENFORCEMENT UNLESS
THE INDIVIDUAL PRESENTS A VALID WARRANT ISSUED BY A FEDERAL COURT ESTAB-
LISHED UNDER ARTICLE III OF THE UNITED STATES CONSTITUTION OR A JUDICIAL
ORDER BY A FEDERAL COURT ESTABLISHED UNDER ARTICLE III OF THE UNITED
S. 9005--A 29 A. 10005--A
STATES CONSTITUTION AUTHORIZING THEM TO TAKE INTO CUSTODY THE PERSON WHO
IS THE SUBJECT OF SUCH WARRANT.
(B) A SENSITIVE LOCATION THAT IS PRIVATELY OWNED OR OPERATED IS
EMPOWERED TO ADOPT POLICIES AND/OR PROCEDURES, TO THE MAXIMUM EXTENT
ALLOWABLE UNDER LAW, TO DENY ACCESS TO ANY PORTION OF THE SENSITIVE
LOCATION THAT IS NOT ACCESSIBLE TO THE GENERAL PUBLIC TO ANY INDIVIDUAL
SEEKING ACCESS FOR THE PURPOSES OF CIVIL IMMIGRATION ENFORCEMENT. ANY
SUCH POLICY OR PROCEDURE SHALL NOT OVERCOME ANY CIRCUMSTANCE IN WHICH
THE INDIVIDUAL SEEKING ACCESS FOR THE PURPOSES OF CIVIL IMMIGRATION
ENFORCEMENT PRESENTS A VALID WARRANT ISSUED BY A FEDERAL COURT ESTAB-
LISHED UNDER ARTICLE III OF THE UNITED STATES CONSTITUTION OR A JUDICIAL
ORDER BY A FEDERAL COURT ESTABLISHED UNDER ARTICLE III OF THE UNITED
STATES CONSTITUTION AUTHORIZING THEM TO TAKE INTO CUSTODY THE PERSON WHO
IS THE SUBJECT OF SUCH WARRANT.
(C) A SENSITIVE LOCATION THAT IS PRIVATELY OWNED OR OPERATED SHALL NOT
BE LIABLE UNDER STATE LAW IF IT ADOPTS ANY POLICY OR PRACTICE OF DENY-
ING, OR CHOOSES TO DENY, ACCESS TO ANY PORTION OF A SENSITIVE LOCATION
THAT IS NOT ACCESSIBLE TO THE GENERAL PUBLIC TO ANY INDIVIDUAL SEEKING
ACCESS FOR THE PURPOSES OF CIVIL IMMIGRATION ENFORCEMENT WITHOUT
PRESENTING A VALID WARRANT ISSUED BY A FEDERAL COURT ESTABLISHED UNDER
ARTICLE III OF THE UNITED STATES CONSTITUTION OR A JUDICIAL ORDER BY A
FEDERAL COURT ESTABLISHED UNDER ARTICLE III OF THE UNITED STATES CONSTI-
TUTION AUTHORIZING THEM TO TAKE INTO CUSTODY THE PERSON WHO IS THE
SUBJECT OF SUCH WARRANT.
3. ENFORCEMENT. THE ATTORNEY GENERAL, AN INDIVIDUAL, OR THE OWNER OR
OPERATOR OF THE SENSITIVE LOCATION, INCLUDING A LOCAL OR STATE GOVERN-
MENTAL ENTITY THAT OPERATES OUT OF A SENSITIVE LOCATION, MAY APPLY FOR
AN ORDER TO THE SUPREME COURT OF THE STATE OF NEW YORK TO OBTAIN APPRO-
PRIATE EQUITABLE AND DECLARATORY RELIEF WITH RESPECT TO ANY VIOLATION OF
THIS SECTION.
§ 3. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 4. This act shall take effect immediately.
PART M
Section 1. Short title. This act shall be known and may be cited as
the "New York state Bivens act".
§ 2. The civil rights law is amended by adding a new article 8-A to
read as follows:
ARTICLE 8-A
NEW YORK STATE BIVENS ACT
SECTION 85. LEGISLATIVE INTENT.
86. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS BY FEDERAL
OFFICIALS ACTING UNDER COLOR OF LAW.
87. APPLICABILITY TO STATE AND LOCAL OFFICIALS.
88. RULE OF CONSTRUCTION.
89. SEVERABILITY.
S. 9005--A 30 A. 10005--A
§ 85. LEGISLATIVE INTENT. 1. THE PEOPLE OF THE STATE OF NEW YORK MUST
BE GUARANTEED MEANINGFUL REMEDIES, INCLUDING BUT NOT LIMITED TO THOSE
PROVIDED THROUGH THE COURTS, WHEN THEIR CONSTITUTIONAL RIGHTS ARE
VIOLATED BY FEDERAL OFFICIALS. RECENT UNITED STATES SUPREME COURT DECI-
SIONS HAVE CURTAILED THE AVAILABILITY OF SUCH REMEDIES AGAINST FEDERAL
OFFICIALS UNDER BIVENS V. SIX UNKNOWN NAMED AGENTS, 408 U.S. 388 (1971).
THE SUPREME COURT HAS REPEATEDLY DECLINED TO EXTEND DAMAGES ACTIONS TO
NEW CONTEXTS AND THEREBY LEFT MANY VICTIMS OF CONSTITUTIONAL VIOLATIONS
WITHOUT RECOURSE.
2. A. FEDERAL CIVIL RIGHTS LAW, 42 U.S.C. § 1983, PROVIDES A PRIVATE
RIGHT OF ACTION TO RECOVER DAMAGES AND SEEK INJUNCTIVE RELIEF AGAINST
STATE AND/OR LOCAL OFFICIALS WHEN THEY VIOLATE AN INDIVIDUAL'S CONSTITU-
TIONAL RIGHT WHILE ACTING UNDER COLOR OF LAW SUBJECT TO AVAILABLE
DEFENSES INCLUDING QUALIFIED IMMUNITY. WITH RESPECT TO FEDERAL OFFICERS,
THE FEDERAL TORT CLAIMS ACT (FTCA), AS AMENDED BY THE WESTFALL ACT,
PROVIDES THE EXCLUSIVE AVENUE FOR MANY COMMON LAW DAMAGES ACTIONS
AGAINST FEDERAL OFFICERS ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT.
THE WESTFALL ACT EXPLICITLY CARVES OUT FROM THE FTCA'S EXCLUSIVE PURVIEW
"A CIVIL ACTION AGAINST AN EMPLOYEE OF THE GOVERNMENT WHICH IS BROUGHT
FOR A VIOLATION OF THE CONSTITUTION OF THE UNITED STATES." 28 U.S.C. §
2679(B)(2)(A). THE PLAIN TEXT OF THIS PROVISION CONTAINS NO LIMITATION
ON THE SCOPE OF CONSTITUTIONAL VIOLATIONS CARVED OUT FROM THE FTCA'S
EXCLUSIVE PURVIEW, RECOGNIZING THE WELL-ESTABLISHED PRINCIPLE THAT
GOVERNMENT AGENTS ACT OUTSIDE OF THE SCOPE OF THEIR OFFICES WHEN THEY
VIOLATE THE CONSTITUTION.
B. WHILE NEW YORKERS CAN SEEK REMEDIES AGAINST STATE AND LOCAL OFFI-
CIALS FOR CONSTITUTIONAL VIOLATIONS, THERE REMAINS A SIGNIFICANT REMEDI-
AL VOID FOR NEW YORKERS INJURED BY UNCONSTITUTIONAL CONDUCT BY FEDERAL
OFFICIALS. THEREFORE, THE LEGISLATURE FINDS IT NECESSARY TO PROVIDE AN
AVENUE FOR CLAIMS FOR DAMAGES AGAINST ANY FEDERAL OFFICIAL, WHO, ACTING
UNDER COLOR OF ANY LAW, STATUTE, ORDINANCE, REGULATION, CUSTOM, OR
USAGE, DEPRIVES A PERSON OF RIGHTS SECURED BY THE UNITED STATES CONSTI-
TUTION. THE LEGISLATURE INTENDS FOR THIS STATUTE TO FALL SQUARELY WITH-
IN THE PROVISION OF THE WESTFALL ACT THAT CARVES OUT FTCA CLAIMS AGAINST
FEDERAL OFFICIALS FOR VIOLATIONS OF CONSTITUTIONAL RIGHTS.
C. THIS ARTICLE DOES NOT, NOR IS INTENDED TO, USURP FEDERAL AUTHORITY,
NOR DOES IT DISCRIMINATE AGAINST FEDERAL OFFICIALS. THIS STATUTE UNDER-
SCORES THE SUPREMACY OF THE FEDERAL CONSTITUTION BY ENSURING THAT ITS
GUARANTEES REMAIN ENFORCEABLE FOR ALL NEW YORKERS AGAINST ALL PERSONS
ACTING UNDER COLOR OF ANY LAW. FROM THE FOUNDING ERA THROUGH THE NINE-
TEENTH CENTURY, COURTS REGULARLY ADJUDICATED STATE LAWSUITS AGAINST
FEDERAL OFFICERS WHO EXCEEDED LAWFUL AUTHORITY. NOTHING IN THE CONSTITU-
TION, FEDERAL STATUTES, OR UNITED STATES SUPREME COURT PRECEDENT FORE-
CLOSES SUCH ACTIONS TODAY. THE LEGISLATURE THUS FINDS THAT NEW YORK
STATE MAY PROPERLY ACT TO SAFEGUARD ITS RESIDENTS' CONSTITUTIONAL
RIGHTS.
3. THE INTENT OF THIS STATUTE IS TO RESTORE A MEANINGFUL AVENUE OF
ACCOUNTABILITY CONSISTENT WITH FEDERAL SUPREMACY, SOVEREIGNTY, AND THE
LONG-STANDING PRINCIPLE THAT RIGHTS MUST BE PAIRED WITH REMEDIES, AS
SUCH REMEDIES ALREADY EXIST FOR UNCONSTITUTIONAL ACTIONS TAKEN BY STATE
AND LOCAL OFFICIALS.
4. ACCORDINGLY, IT IS THE INTENT OF THE LEGISLATURE THAT THIS ARTICLE
SHOULD BE CONSTRUED TO PROVIDE PARITY BETWEEN FEDERAL OFFICIALS AND
STATE AND LOCAL OFFICIALS SUCH THAT CLAIMS BROUGHT UNDER THIS ARTICLE
AGAINST FEDERAL OFFICIALS SHALL BE SUBJECT TO THE EXACT SAME LEGAL STAN-
S. 9005--A 31 A. 10005--A
DARDS, LEGAL DEFENSES, AND IMMUNITIES THAT ARE PROVIDED TO STATE AND
LOCAL OFFICIALS FOR CAUSES OF ACTIONS BROUGHT UNDER 42 U.S.C. § 1983.
§ 86. ACTION FOR DEPRIVATION OF CONSTITUTIONAL RIGHTS BY FEDERAL OFFI-
CIALS ACTING UNDER COLOR OF LAW. 1. ANY FEDERAL OFFICIAL WHO, UNDER
COLOR OF ANY LAW, STATUTE, ORDINANCE, REGULATION, CUSTOM, OR USAGE,
SUBJECTS, OR CAUSES TO BE SUBJECTED, ANY CITIZEN OF THE UNITED STATES OR
OTHER PERSON WITHIN THE JURISDICTION THEREOF TO THE DEPRIVATION OF ANY
RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED BY THE CONSTITUTION OF THE
UNITED STATES, SHALL BE LIABLE TO THE PARTY INJURED IN AN ACTION AT LAW,
SUIT IN EQUITY, OR OTHER PROPER PROCEEDING FOR REDRESS.
2. A DEFENDANT IN AN ACTION UNDER THIS SECTION MAY ASSERT ANY IMMUNITY
DEFENSE TO THE SAME EXTENT AS A DEFENDANT MAY RAISE IN RESPONSE TO A
CLAIM BROUGHT UNDER 42 U.S.C. § 1983.
3. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE COURT MAY AWARD:
A. COMPENSATORY DAMAGES, INCLUDING DAMAGES FOR EMOTIONAL DISTRESS,
PAIN AND SUFFERING, AND OTHER NON-ECONOMIC DAMAGES;
B. PUNITIVE DAMAGES WHERE THE VIOLATION IS FOUND TO BE MALICIOUS,
WANTON, WILLFUL, OR IN RECKLESS DISREGARD OF THE PLAINTIFF'S RIGHTS;
C. INJUNCTIVE AND DECLARATORY RELIEF;
D. REASONABLE ATTORNEYS' FEES AND COSTS TO A PREVAILING PLAINTIFF; AND
E. EXPERT FEES AS PART OF THE REASONABLE ATTORNEYS' FEES.
§ 87. APPLICABILITY TO STATE AND LOCAL OFFICIALS. IN THE EVENT THAT 42
U.S.C. § 1983 IS REPEALED OR AMENDED SUCH THAT IT REMOVES OR OTHERWISE
FURTHER LIMITS LIABILITY AGAINST STATE AND/OR LOCAL OFFICIALS FOR
CONSTITUTIONAL VIOLATIONS, THIS ARTICLE SHALL AUTOMATICALLY APPLY TO
STATE AND LOCAL OFFICIALS IN THE SAME MANNER IN WHICH IT APPLIES TO
FEDERAL OFFICIALS.
§ 88. RULE OF CONSTRUCTION. THIS ARTICLE SHALL BE CONSTRUED SO THAT
ANY LEGAL STANDARD, INCLUDING A STANDARD RELATING TO LIABILITY, DEFENSE,
OR IMMUNITY, THAT IS APPLICABLE IN A CASE BROUGHT AGAINST A STATE OR
LOCAL OFFICIAL UNDER 42 U.S.C. 1983 APPLIES IN A LIKE ACTION BROUGHT
AGAINST A FEDERAL OFFICIAL UNDER THIS ARTICLE.
§ 89. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
TION TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL REVIEW,
THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-
OF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART OF THIS ACT DIRECTLY INVOLVED IN THE CONTRO-
VERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
§ 3. This act shall take effect immediately.
PART N
Section 1. Section 5 of chapter 396 of the laws of 2010 amending the
alcoholic beverage control law relating to liquidator's permits and
temporary retail permits, as amended by section 1 of part Q of chapter
55 of the laws of 2025, 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, [2026]
2027.
§ 2. This act shall take effect immediately.
PART O
S. 9005--A 32 A. 10005--A
Section 1. This act enacts into law components of legislation relating
to alcoholic beverage control licenses. Each component is wholly
contained within a Subpart identified as Subparts A through K. The
effective date for each particular provision contained within such
Subpart is set forth in the last section of such Subpart. Any provision
in any section contained within a Subpart, including the effective date
of the Subpart, which makes a reference to a section "of this act", when
used in connection with that particular component, shall be deemed to
mean and refer to the corresponding section of the Subpart in which it
is found. Section three of this part sets forth the general effective
date of this act.
SUBPART A
Section 1. Subdivision 6 of section 97-a of the alcoholic beverage
control law, as added by chapter 396 of the laws of 2010, is amended to
read as follows:
6. The holder of a temporary retail permit shall [purchase alcoholic
beverages only by payment in currency or check for such alcoholic bever-
ages on or before the day such alcoholic beverages are delivered,
provided, however, that the holder of a temporary permit issued pursuant
to this section who also holds one or more retail licenses and is oper-
ating under such retail license or licenses in addition to the temporary
retail permit, and who is not delinquent under the provisions of section
one hundred one-aa of this chapter as to any retail license under which
he operates, may purchase alcoholic beverages on credit under the tempo-
rary permit] BE SUBJECT TO SECTIONS ONE HUNDRED ONE-AA AND ONE HUNDRED
ONE-AAA OF THIS CHAPTER.
§ 2. This act shall take effect immediately.
SUBPART B
Section 1. Paragraph (c) of subdivision 5 of section 107-a of the
alcoholic beverage control law, as added by chapter 354 of the laws of
2013, is amended to read as follows:
(c) No brand or trade name label, or any separate label on the front
or back of the container shall contain:
(i) any statement that is false or untrue in any particular manner;
(ii) any statement that is disparaging of a competitor's product;
(iii) any statement, design, device or representation that is likely
to mislead the consumer; [or]
(iv) any statement or claim of health benefits to be derived from
consumption by the consumer[.]; OR
(V) ANY STATEMENT, DESIGN, DEVICE, OR REPRESENTATION THAT IN THE OPIN-
ION OF THE AUTHORITY IS INTENDED TO APPEAL TO CHILDREN AND/OR PERSONS
UNDER TWENTY-ONE YEARS OF AGE.
§ 2. This act shall take effect immediately.
SUBPART C
Section 1. Section 57-a of the alcoholic beverage control law, as
amended by chapter 523 of the laws of 2023, is amended to read as
follows:
§ 57-a. Change in duration of licenses. The liquor authority is
authorized to change the periods during which the licenses authorized by
sections fifty-one, fifty-one-a, FIFTY-THREE, fifty-three-a, fifty-four,
S. 9005--A 33 A. 10005--A
FIFTY-FOUR-A, fifty-five and fifty-five-a OF THIS ARTICLE shall be
effective and to establish the commencement dates, duration and expira-
tion dates thereof, provided that no such license shall be effective for
a period in excess of three years. When any change or changes are made
in the duration of any such license, the license fee shall be equal to
the annual license fee specified in this article multiplied by the
number of years for which such license is issued. The liquor authority
may make such rules as shall be appropriate to carry out the purpose of
this section.
§ 2. This act shall take effect immediately.
SUBPART D
Section 1. Paragraph (a) of subdivision 2 of section 101-b of the
alcoholic beverage control law, as amended by chapter 669 of the laws of
1989, is amended to read as follows:
(a) to discriminate, directly or indirectly, in price, in discounts
for time of payment or in discounts on quantity of merchandise sold,
between one wholesaler and another wholesaler, or between one retailer
and another retailer purchasing liquor or wine bearing the same brand or
trade name and of like age and quality, EXCEPT THAT MANUFACTURERS AND
WHOLESALERS MAY UTILIZE "CHANNEL PRICING" BY FILING DIFFERENT PRICES
AND/OR QUANTITY DISCOUNTS FOR ON-PREMISES RETAILERS AND OFF-PREMISES
RETAILERS;
§ 2. Section 101-b of the alcoholic beverage control law is amended by
adding a new subdivision 1-a to read as follows:
1-A. "CHANNEL PRICING" IS ALLOWED FOR MANUFACTURERS AND WHOLESALERS
WHEN DETERMINING PRICES FOR SALES OF THE SAME LIQUOR AND/OR WINE TO
RETAILERS IN DIFFERENT CHANNELS. FOR PURPOSES OF THIS SECTION, MANUFAC-
TURERS AND WHOLESALERS CAN UTILIZE DIFFERENT PRICES FOR RETAIL LICENSEES
WHO HOLD:
(A) AN ON-PREMISES RETAIL LICENSE ISSUED PURSUANT TO SECTIONS SIXTY-
FOUR, SIXTY-FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D, SIXTY-
FOUR-E, SIXTY-FOUR-F OR EIGHTY-ONE OF THIS CHAPTER; OR
(B) AN OFF-PREMISES RETAIL LICENSE ISSUED PURSUANT TO SECTIONS SIXTY-
THREE OR SEVENTY-NINE OF THIS CHAPTER.
§ 3. Subdivision 7-a of section 3 of the alcoholic beverage control
law is amended by adding a new paragraph (c) to read as follows:
(C) "CHANNEL PRICING" SHALL MEAN THE SALE OF LIQUOR OR WINE AT DIFFER-
ENT PRICES BASED SOLELY UPON WHETHER THE RETAIL LICENSEE HOLDS:
(I) AN ON-PREMISES RETAIL LICENSE; OR
(II) AN OFF-PREMISES RETAIL LICENSE. IF A MANUFACTURER OR WHOLESALER
EMPLOYS CHANNEL PRICING, SUCH PRICING AND QUANTITY DISCOUNTS SHALL BE
MADE EQUALLY AVAILABLE TO ALL SIMILARLY SITUATED ON-PREMISES AND OFF-
PREMISES RETAIL LICENSEES WITHIN THE SAME CALENDAR MONTH. RETAILERS WHO
OWN MULTIPLE LICENSED PREMISES MUST CONTINUE TO ENSURE THAT ALL ALCOHOL-
IC BEVERAGE PURCHASES ARE MADE INDIVIDUALLY BY EACH RETAIL LICENSED
PREMISES EXCEPT FOR RETAIL-TO-RETAIL PURCHASES MADE PURSUANT TO SUBDIVI-
SION TWO-B OF SECTION ONE HUNDRED SIX OF THIS CHAPTER, OR CENTRALIZED
BOOKKEEPING AUTHORIZED PURCHASES PURSUANT TO SUBDIVISION TWELVE OF
SECTION ONE HUNDRED SIX OF THIS CHAPTER.
§ 4. Paragraph (b) of subdivision 3 of paragraph 101-b of the alcohol-
ic beverage control law, as amended by section 1 of part E of chapter 56
of the laws of 2006, is amended to read as follows:
(b) No brand of liquor or wine shall be sold to or purchased by a
retailer unless a schedule, as provided by this section, is transmitted
S. 9005--A 34 A. 10005--A
to and received by the liquor authority, and is then in effect. Such
schedule shall be transmitted to the authority in such form, manner,
medium and format as the authority may direct; shall be deemed duly
verified by the person submitting such schedule upon its transmission to
the authority; and shall contain, with respect to each item, the exact
brand or trade name, capacity of package, nature of contents, age and
proof where stated on the label, the number of bottles contained in each
case, the bottle and case price to retailers, the net bottle and case
price paid by the seller, which prices, in each instance, shall be indi-
vidual for each item and not in "combination" with any other item, the
discounts for quantity, if any, and the discounts for time of payment,
if any, EXCEPT THAT MIX AND MATCH QUANTITY DISCOUNTS MAY BE PRICE POSTED
TO LIQUOR AND/OR WINE TO RETAILERS FOR MULTIPLE FANCIFUL NAMES, VARIE-
TALS, VINTAGES, YEARS, AND/OR AGES OF LIQUOR AND/OR WINE MANUFACTURED BY
THE SAME MANUFACTURER AND FEATURING THE SAME BRAND NAME ON THE FRONT
LABEL AND ARE POSTED AT THE SAME FRONT LINE CASE OR BOTTLE PRICE, ENABL-
ING RETAILERS TO CHOOSE FROM MULTIPLE CASES OR BOTTLES OF SAID MULTIPLE
FANCIFUL NAMES, VARIETALS, VINTAGES, YEARS, AND/OR AGES OF LIQUOR AND/OR
WINE FEATURING THE SAME BRAND NAME ON THE FRONT LABEL TO ADD UP TO A
COMBINED QUANTITY DISCOUNT LEVEL SO LONG AS ALL SUCH BRAND ITEMS ARE
PRICE POSTED WITH THE SAME QUANTITY DISCOUNT LEVEL AVAILABLE IN THAT
GIVEN MONTH. Such brand of liquor or wine shall not be sold to retailers
except at the price and discounts then in effect unless prior written
permission of the authority is granted for good cause shown and for
reasons not inconsistent with the purpose of this chapter. Such schedule
shall be transmitted by each manufacturer selling such brand to retail-
ers and by each wholesaler selling such brand to retailers.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all price postings
required to be filed on or after the effective date of this act. Effec-
tive 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.
SUBPART E
Section 1. Subdivision 1 of section 102 of the alcoholic beverage
control law, as amended by chapter 242 of the laws of 1970, paragraphs
(a), (b) and (c) as amended and paragraph (d) as relettered by chapter
210 of the laws of 2005, is amended to read as follows:
1. (a) Except as provided in [section] SECTIONS THIRTY-FIVE, FIFTY-
NINE-B, SIXTY-EIGHT, seventy-nine-c, NINETY-FOUR OR NINETY-SIX of this
chapter, no alcoholic beverages shall be shipped into the state unless
the same shall be consigned to a person duly licensed hereunder to traf-
fic in alcoholic beverages. This prohibition shall apply to all ship-
ments of alcoholic beverages into New York state and includes importa-
tion or distribution for commercial purposes, for personal use, or
otherwise, and irrespective of whether such alcoholic beverages were
purchased within or without the state, provided, however, this prohibi-
tion shall not apply to any shipment consigned to a New York resident
who has personally purchased alcoholic beverages for [his] personal use
while outside the United States for a minimum period of forty-eight
consecutive hours and which [he] SUCH PERSON has shipped as consignor to
[himself] THEMSELF as consignee. Purchases made outside the United
States by persons other than the purchaser [himself] THEMSELF, regard-
S. 9005--A 35 A. 10005--A
less whether made as [his] SUCH PERSON'S agent, or by [his] THEIR
authorization or on [his] THEIR behalf, are deemed not to have been
personally purchased within the meaning of this paragraph. VIOLATIONS OF
THIS SUBDIVISION ARE PUNISHABLE AS A CLASS E FELONY.
(b) Except as provided in [section] SECTIONS THIRTY-FIVE,
FIFTY-NINE-B, SIXTY-EIGHT, seventy-nine-c, NINETY-FOUR OR NINETY-SIX of
this chapter, no common carrier or other person shall bring or carry
into the state any alcoholic beverages, unless the same shall be
consigned to a person duly licensed hereunder to traffic in alcoholic
beverages, provided, however, that alcoholic beverages may be delivered
by a trucking permittee from a steamship or railroad station or terminal
to a New York resident who has personally purchased alcoholic beverages
for [his] personal use while outside the United States for a minimum
period of forty-eight consecutive hours, and which [he] SUCH PERSON has
shipped as consignor to [himself] THEMSELF as consignee, and except as
so stated, no trucking permittee shall accept for delivery, deliver or
transport from a steamship or railroad station or terminal any shipment
of alcoholic beverages consigned to a non-licensed person having [his]
THEIR home or business in New York state. Purchases of alcoholic bever-
ages made outside the United States by persons other than the purchaser
[himself] THEMSELF, regardless whether made as [his] THEIR agent, or by
[his] THEIR authorization or on [his] THEIR behalf, are deemed not to
have been personally purchased within the meaning of this paragraph.
(c) Paragraphs (a) and (b) of this subdivision shall apply to alcohol-
ic beverages, either in the original package or otherwise, whether
intended for commercial or personal use, as well as otherwise, and to
foreign, interstate, as well as intrastate, shipments or carriage, irre-
spective of whether such alcoholic beverages were purchased within or
without the state.
(d) Nothing in this chapter shall be deemed to exempt from taxation
the sale or use of any alcoholic beverages subject to any tax imposed
under or pursuant to the authority of the tax law or to grant any other
exemption from the provisions of such law.
§ 2. Section 94 of the alcoholic beverage control law is amended by
adding six new subdivisions 4, 5, 6, 7, 8 and 9 to read as follows:
4. NO TRUCKING PERMITTEE SHALL MAKE DELIVERIES OF ALCOHOLIC BEVERAGES
TO A NON-LICENSED PERSON IN NEW YORK STATE EXCEPT AS PROVIDED FOR IN
SECTIONS THIRTY-FIVE, THIRTY-SIX, FIFTY-NINE-B, FIFTY-NINE-C, SIXTY-
EIGHT, SIXTY-NINE, SEVENTY-NINE-C, SEVENTY-NINE-D OR NINETY-SIX OF THIS
CHAPTER, OR ON BEHALF OF A RETAIL LICENSEE LICENSED PURSUANT TO THIS
CHAPTER.
5. NO TRUCKING PERMITTEE SHALL MAKE DELIVERIES OF ALCOHOLIC BEVERAGES
TO A NON-LICENSED PERSON UNLESS THE DRIVER AND/OR DELIVERY STAFF SHALL
HAVE SUCCESSFULLY COMPLETED ALCOHOL TRAINING AND AWARENESS PROGRAM
(ATAP) TRAINING AND HOLD A VALID CERTIFICATE ISSUED BY AN APPROVED ATAP
SCHOOL PURSUANT TO SUBDIVISION TWELVE OF SECTION SEVENTEEN OR SUBDIVI-
SION TEN OF SECTION EIGHTEEN OF THIS CHAPTER.
6. TRUCKING PERMITTEES SHALL IN CONNECTION WITH THE ACCEPTANCE OF ANY
ORDER FOR A DELIVERY OF ALCOHOLIC BEVERAGES TO A NON-LICENSED PERSON IN
NEW YORK:
(A) REQUIRE THE NON-LICENSED PERSON TO REPRESENT THAT THEY HAVE
ATTAINED THE AGE OF TWENTY-ONE YEARS OR MORE BY PROVIDING A VALID FORM
OF PHOTOGRAPHIC IDENTIFICATION AUTHORIZED BY SECTION SIXTY-FIVE-B OF
THIS CHAPTER; AND
S. 9005--A 36 A. 10005--A
(B) REQUIRE THE NON-LICENSED PERSON TO SIGN AN ELECTRONIC OR PAPER
FORM OR OTHER ACKNOWLEDGEMENT OF RECEIPT AS APPROVED BY THE AUTHORITY;
AND
(C) CERTIFY THAT THE ALCOHOLIC BEVERAGES BEING PURCHASED WILL NOT BE
RESOLD OR INTRODUCED BACK INTO THE STREAM OF COMMERCE; AND
(D) REFUSE DELIVERY WHEN THE PROPOSED RECIPIENT APPEARS TO BE UNDER
TWENTY-ONE YEARS OF AGE AND/OR REFUSES TO PRESENT VALID IDENTIFICATION
AS REQUIRED BY SUBPARAGRAPH (A) OF THIS PARAGRAPH.
7. TRUCKING PERMITTEES SHALL REPORT TWICE ANNUALLY TO THE AUTHORITY IN
SUCH MANNER AND FORM AS THE AUTHORITY MAY DIRECT, THE TOTAL AMOUNT OF
ALCOHOLIC BEVERAGES SHIPPED TO NON-LICENSED PERSONS IN NEW YORK DURING
THE REPORTING PERIOD, THE NAMES AND ADDRESSES OF THE NON-LICENSED
PERSONS TO WHOM THE ALCOHOLIC BEVERAGES WERE SHIPPED, THE DATE OF DELIV-
ERY, THE NAME AND LICENSE NUMBER OF THE LICENSEE ON WHOSE BEHALF THE
ALCOHOLIC BEVERAGES WERE DELIVERED, AND THE QUANTITY AND VALUE OF EACH
SHIPMENT.
8. THE AUTHORITY AND THE DEPARTMENT OF TAXATION AND FINANCE MAY
PROMULGATE RULES AND REGULATIONS NECESSARY TO EFFECTUATE THE PURPOSES
OF THIS SECTION.
9. THE AUTHORITY MAY ENFORCE THE REQUIREMENTS OF THIS SECTION BY
ADMINISTRATIVE PROCEEDINGS TO SUSPEND OR REVOKE A TRUCKING PERMIT AND
THE AUTHORITY MAY ACCEPT PAYMENT OF AN ADMINISTRATIVE FINE IN LIEU OF
SUSPENSION. IN ADDITION, THE AUTHORITY OR THE ATTORNEY GENERAL OF THE
STATE OF NEW YORK SHALL REPORT VIOLATIONS OF THIS SECTION, WHERE APPRO-
PRIATE, TO THE DEPARTMENT OF TAXATION AND FINANCE, TO OTHER STATE
LICENSING AUTHORITIES, AND/OR THE UNITED STATES DEPARTMENT OF TREAS-
URY, TAX AND TRADE BUREAU, FOR ADMINISTRATIVE ACTION TO SUSPEND OR
REVOKE THE FEDERAL BASIC PERMIT.
§ 3. Section 96 of the alcoholic beverage control law is amended by
adding three new subdivisions 4, 5 and 6 to read as follows:
4. ANY PERSON HOLDING A VALID WAREHOUSE PERMIT PURSUANT TO THIS
SECTION MAY APPLY TO THE AUTHORITY FOR AN ADDITIONAL PERMIT TO OPERATE
AS A FULFILLMENT WAREHOUSE. THE FULFILLMENT WAREHOUSE PERMIT HOLDER MAY
PACKAGE AND SHIP ALCOHOLIC BEVERAGES SOLD BY LICENSED NEW YORK RETAILERS
AND/OR NEW YORK MANUFACTURERS AND/OR DIRECT SHIPPER LICENSEES TO NON-LI-
CENSED PERSONS WITHIN THIS STATE. THE FEE FOR A FULFILLMENT WAREHOUSE
PERMIT SHALL BE TWO THOUSAND ONE HUNDRED DOLLARS FOR THREE YEARS.
(A) FULFILLMENT WAREHOUSES SHALL REPORT TWICE ANNUALLY TO THE NEW YORK
STATE LIQUOR AUTHORITY IN SUCH MANNER AND FORM AS THE AUTHORITY MAY
DIRECT:
(I) A CURRENT LIST OF ALL LICENSED RETAILERS, LICENSED MANUFACTURERS,
LICENSED WHOLESALERS, AND DIRECT SHIPPER LICENSEES ON WHOSE BEHALF THE
FULFILLMENT WAREHOUSE SHIPS OR ALLOWS TO BE SHIPPED ALCOHOLIC BEVERAGES
TO NON-LICENSED PERSONS IN THIS STATE; AND
(II) THE TOTAL GALLONS OF EACH TYPE OF ALCOHOLIC BEVERAGES SHIPPED TO
NON-LICENSED PERSONS FROM THE FULFILLMENT WAREHOUSE DURING THE REPORTING
PERIOD, CATEGORIZED IN ACCORDANCE WITH THE STATE'S TAX CLASSIFICATION
FOR ALCOHOLIC BEVERAGES; AND
(III) THE NAME, BUSINESS ADDRESS, AND LICENSE NUMBER OF EACH LICENSED
RETAILER AND DIRECT SHIPPER ON WHOSE BEHALF THE FULFILLMENT WAREHOUSE
PACKAGES OR SHIPS OR ALLOWS TO BE SHIPPED ALCOHOLIC BEVERAGES TO NON-LI-
CENSED PERSONS IN THIS STATE, WITH EACH LICENSEE'S NAME STATED AS IT
APPEARS ON THE RETAILER'S OR DIRECT SHIPPER'S LICENSE; AND
(IV) THE NAMES AND ADDRESSES OF THE NON-LICENSED PERSONS TO WHOM THE
ALCOHOLIC BEVERAGES WERE SHIPPED, THE DATE OF DELIVERY, THE NAME AND
LICENSE NUMBER OF THE RETAILER OR DIRECT SHIPPER LICENSEE ON WHOSE
S. 9005--A 37 A. 10005--A
BEHALF THE ALCOHOLIC BEVERAGES WERE DELIVERED, AND THE QUANTITY AND
VALUE OF EACH SHIPMENT.
(B) A FULFILLMENT WAREHOUSE MAY SHIP ALCOHOLIC BEVERAGES TO A NON-LI-
CENSED PERSON WITHIN THIS STATE ONLY IF THE PACKAGE CONTAINING THE ALCO-
HOLIC BEVERAGES IS CONSPICUOUSLY LABELED WITH THE WORDS "CONTAINS ALCO-
HOLIC BEVERAGES - 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, AND CLEARLY INDICATES ON THE
SHIPPING LABEL THE NAME AND ADDRESS OF THE FULFILLMENT WAREHOUSE AS WELL
AS THE NAME AND ADDRESS OF THE NON-LICENSED PERSON WITHIN THIS STATE AS
THE INTENDED RECIPIENT; AND THE NAME AND LICENSE NUMBER OF THE LICENSED
RETAILER OR DIRECT SHIPPER LICENSEE THAT PROVIDED THE ALCOHOLIC BEVERAG-
ES TO THE FULFILLMENT WAREHOUSE; AND THE SHIPMENT IS AUTHORIZED UNDER
THIS CHAPTER.
5. THE AUTHORITY AND THE DEPARTMENT OF TAXATION AND FINANCE MAY
PROMULGATE RULES AND REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS
SECTION.
6. THE AUTHORITY MAY ENFORCE THE REQUIREMENTS OF THIS SECTION, BY
ADMINISTRATIVE PROCEEDINGS TO SUSPEND OR REVOKE A WAREHOUSE PERMIT OR
FULFILLMENT WAREHOUSE PERMIT AND THE AUTHORITY MAY ACCEPT PAYMENT OF AN
ADMINISTRATIVE FINE IN LIEU OF SUSPENSION. IN ADDITION, THE AUTHORITY OR
THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL REPORT VIOLATIONS OF
THIS SECTION, WHERE APPROPRIATE, TO THE NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, TO OTHER STATE LICENSING AUTHORITIES, AND/OR THE
UNITED STATES DEPARTMENT OF TREASURY, TAX AND TRADE BUREAU, FOR
ADMINISTRATIVE ACTION TO SUSPEND OR REVOKE THE FEDERAL BASIC PERMIT.
§ 4. Paragraph (d) of subdivision 3 of section 35 of the alcoholic
beverage control law, as added by chapter 226 of the laws of 2024, is
amended to read as follows:
(d) shall [maintain records] REPORT TWICE ANNUALLY TO THE NEW YORK
STATE LIQUOR AUTHORITY in such manner and form as the authority may
direct, showing the total amount of mead and/or braggot shipped into the
state each calendar year; the names and addresses of the purchasers to
whom the mead and/or braggot was shipped, the date purchased, the name
of the common carrier used to deliver the mead and/or braggot, and the
quantity and value of each shipment;
§ 5. Paragraph (d) of subdivision 3 of section 59-b of the alcoholic
beverage control law, as added by chapter 226 of the laws of 2024, is
amended to read as follows:
(d) shall [maintain records] REPORT TWICE ANNUALLY TO THE NEW YORK
STATE LIQUOR AUTHORITY 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;
§ 6. Paragraph (d) of subdivision 3 of section 68 of the alcoholic
beverage control law, as added by chapter 226 of the laws of 2024, is
amended to read as follows:
(d) shall [maintain records] REPORT TWICE ANNUALLY TO THE NEW YORK
STATE LIQUOR AUTHORITY in such manner and form as the authority may
direct, showing the total amount of liquor shipped into the state each
calendar year; the names and addresses of the purchasers to whom the
liquor was shipped, the date purchased, the name of the common carrier
used to deliver the liquor, and the quantity and value of each shipment;
S. 9005--A 38 A. 10005--A
§ 7. Paragraph (d) of subdivision 3 of section 79-c of the alcoholic
beverage control law, as amended by chapter 226 of the laws of 2024, is
amended to read as follows:
(d) shall [maintain records] REPORT TWICE ANNUALLY TO THE NEW YORK
STATE LIQUOR AUTHORITY in such manner and form as the authority may
direct, showing the total amount of wine shipped into the state each
calendar year; the names and addresses of the purchasers to whom the
wine was shipped, the date purchased, the name of the common carrier
used to deliver the wine, and the quantity and value of each shipment;
§ 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
SUBPART F
Section 1. Section 5 of part CC of chapter 55 of the laws of 2024
amending the alcoholic beverage control law, relating to alcohol in
certain motion picture theatres, is amended to read as follows:
§ 5. This act shall take effect immediately [and shall expire and be
deemed repealed 3 years after such date].
§ 2. This act shall take effect immediately.
SUBPART G
Section 1. Subdivision 9 of section 106 of the alcoholic beverage
control law is REPEALED.
§ 2. This act shall take effect immediately.
SUBPART H
Section 1. Subdivision 6 of section 64-a of the alcoholic beverage
control law, as amended by section 2 of part CC of chapter 55 of the
laws of 2024, 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
building 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, (C) A BONA-FIDE HOTEL, 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 avoid-
ance of sales prohibited by this chapter, shall by regulation classify
for eligibility.
§ 2. This act shall take effect on the one hundred eightieth 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.
SUBPART I
S. 9005--A 39 A. 10005--A
Section 1. Section 51 of the alcoholic beverage control law is amended
by adding a new subdivision 5-b to read as follows:
5-B. (A) A BREWER LICENSED PURSUANT TO THIS SECTION THAT QUALIFIES FOR
THE MICRO-BREWERY FEE PURSUANT TO SECTION FIFTY-SIX OF THIS ARTICLE MAY,
AT THE LICENSED PREMISES, SELL AT RETAIL FOR CONSUMPTION ON OR OFF THE
LICENSED PREMISES:
(I) BEER MANUFACTURED BY THE LICENSEE;
(II) NEW YORK STATE LABELED BEER, WINE, CIDER, SPIRITS AND MEAD MANU-
FACTURED BY A PERSON LICENSED TO MANUFACTURE SUCH PRODUCT UNDER THIS
CHAPTER.
(B) A MICRO-BREWERY LICENSEE MAY CONDUCT TASTINGS OF ALCOHOLIC BEVER-
AGES AND SELL ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON OR OFF
THE LICENSED PREMISES PURSUANT TO THIS SUBDIVISION; PROVIDED, HOWEVER,
THAT FOR TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICENSEE
SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS RETAIL
CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING THE
FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (I) SAND-
WICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED
OR FROZEN; AND/OR (II) FOOD ITEMS INTENDED TO COMPLEMENT THE TASTING OF
ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD
THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE
CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT
LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS
AND CRACKERS.
(C) A MICRO-BREWERY LICENSEE MAY SELL BEER MANUFACTURED BY THE LICEN-
SEE OR ANY OTHER BREWER LICENSED PURSUANT TO THIS CHAPTER AT RETAIL FOR
CONSUMPTION OFF THE PREMISES AT THE STATE FAIR, AT RECOGNIZED COUNTY
FAIRS AND AT FARMERS MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS, SUBJECT
TO SUCH RULES AND REGULATIONS AS THE AUTHORITY MAY PRESCRIBE.
(D) A MICRO-BREWERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO
MANUFACTURE, BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS SUCH AS
MUSTARDS, SAUCES, HOP SEASONINGS, BEER NUTS, AND OTHER HOPS AND BEER
RELATED FOODS IN ADDITION TO BEER AND TO STORE AND SELL GIFT ITEMS IN A
TAX-PAID ROOM UPON THE LICENSED PREMISES INCIDENTAL TO THE SALE OF BEER.
SUCH GIFT ITEMS SHALL BE LIMITED TO THE CATEGORIES AUTHORIZED FOR A FARM
BREWERY PURSUANT TO SUBDIVISION SEVEN OF SECTION FIFTY-ONE-A OF THIS
CHAPTER.
(E) THE HOLDER OF A LICENSE AUTHORIZED BY THIS SUBDIVISION MAY OPERATE
UP TO FIVE BRANCH OFFICES LOCATED AWAY FROM THE LICENSED PREMISES. SUCH
LOCATIONS SHALL BE CONSIDERED PART OF THE LICENSED PREMISES AND ALL
ACTIVITIES ALLOWED AT AND LIMITED TO THE MICRO-BREWERY MAY BE CONDUCTED
AT THE BRANCH OFFICES. SUCH BRANCH OFFICES SHALL NOT BE LOCATED WITHIN,
SHARE A COMMON ENTRANCE AND EXIT WITH, OR HAVE ANY INTERIOR ACCESS TO
ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL ALCOHOLIC BEVER-
AGES AT RETAIL. PRIOR TO COMMENCING OPERATION OF ANY SUCH BRANCH OFFICE,
THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION OF SUCH BRANCH
OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPERATION OF SAME.
§ 2. Subdivision 1-a of section 61 of the alcoholic beverage control
law, as amended by chapter 431 of the laws of 2014, is amended to read
as follows:
1-a. (A) A class A-1 distiller's license shall authorize the holder
thereof to operate a distillery which has a production capacity of no
more than seventy-five thousand gallons per year for the manufacture of
liquors by distillation or redistillation at the premises specifically
designated in the license. Such a license shall also authorize the sale
in bulk by such licensee from the licensed premises of the products
S. 9005--A 40 A. 10005--A
manufactured under such license to any person holding a winery license,
farm winery license, distiller's class A license, a distiller's class B
license or a permittee engaged in the manufacture of products which are
unfit for beverage use. It shall also authorize the sale from the
licensed premises and from one other location in the state of New York
of liquors manufactured by such licensee to a wholesale or retail liquor
licensee or permittee in sealed containers of not more than one quart
each. In addition, it shall authorize such licensee to sell from the
licensed premises New York state labelled liquors to licensed farm
wineries, farm breweries, farm distilleries and farm cideries in sealed
containers of not more than one quart for retail sale for off-premises
consumption. Such license shall also include the privilege to operate a
rectifying plant under the same terms and conditions as the holder of a
class B-1 distiller's license without the payment of any additional fee.
(B) A DISTILLER LICENSED PURSUANT TO THIS SUBDIVISION THAT QUALIFIES
FOR THE MICRO-DISTILLERY FEE PURSUANT TO SECTION SIXTY-SIX OF THIS ARTI-
CLE MAY, AT THE LICENSED PREMISES, SELL AT RETAIL FOR CONSUMPTION ON OR
OFF THE LICENSED PREMISES:
(I) LIQUOR MANUFACTURED BY THE LICENSEE;
(II) NEW YORK STATE LABELED BEER, WINE, CIDER, SPIRITS AND MEAD MANU-
FACTURED BY A PERSON LICENSED TO MANUFACTURE SUCH PRODUCT UNDER THIS
CHAPTER.
(C) A MICRO-DISTILLERY LICENSEE MAY CONDUCT TASTINGS OF ALCOHOLIC
BEVERAGES AND SELL ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON OR
OFF THE LICENSED PREMISES PURSUANT TO THIS SUBDIVISION; PROVIDED, HOWEV-
ER, THAT FOR TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICEN-
SEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS
RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING
THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (I)
SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-
COOKED OR FROZEN; AND/OR (II) FOOD ITEMS INTENDED TO COMPLEMENT THE
TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED SELECTION
OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN
BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT
LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS
AND CRACKERS.
(D) A MICRO-DISTILLERY LICENSEE MAY SELL LIQUOR MANUFACTURED BY THE
LICENSEE OR ANY OTHER DISTILLER LICENSED PURSUANT TO THIS CHAPTER AT
RETAIL FOR CONSUMPTION OFF THE PREMISES AT THE STATE FAIR, AT RECOGNIZED
COUNTY FAIRS AND AT FARMERS MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS,
SUBJECT TO SUCH RULES AND REGULATIONS AS THE AUTHORITY MAY PRESCRIBE.
(E) A MICRO-DISTILLERY LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO
MANUFACTURE, BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS SUCH AS NUTS,
POPCORN, MULLING SPICES AND OTHER SPIRITS RELATED FOOD IN ADDITION TO
OTHER SUCH FOOD AND CRAFTS ON AND FROM THE LICENSED PREMISES. SUCH
LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND SELL GIFT ITEMS
IN A TAX-PAID ROOM UPON THE LICENSED PREMISES INCIDENTAL TO THE SALE OF
LIQUOR. THESE GIFT ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES:
(I) NON-ALCOHOLIC BEVERAGES FOR CONSUMPTION ON OR OFF PREMISES,
INCLUDING BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES;
(II) FOOD ITEMS FOR THE PURPOSE OF COMPLEMENTING LIQUOR TASTINGS,
WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY
CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED
WHILE STANDING OR WALKING. SUCH FOOD ITEMS SHALL INCLUDE BUT NOT BE
LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS
AND CRACKERS;
S. 9005--A 41 A. 10005--A
(III) FOOD ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCED FARM PRODUCTS
AND ANY FOOD OR FOOD PRODUCT NOT SPECIFICALLY PREPARED FOR IMMEDIATE
CONSUMPTION UPON THE PREMISES. SUCH FOOD ITEMS MAY BE COMBINED INTO A
PACKAGE CONTAINING LIQUOR RELATED PRODUCTS;
(IV) LIQUOR SUPPLIES AND ACCESSORIES, WHICH SHALL INCLUDE ANY ITEM
UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF LIQUOR OR FOR DECO-
RATIVE PURPOSES. THESE SUPPLIES MAY BE SOLD AS SINGLE ITEMS OR MAY BE
COMBINED INTO A PACKAGE CONTAINING LIQUOR;
(V) LIQUOR-MAKING EQUIPMENT AND SUPPLIES INCLUDING, BUT NOT LIMITED
TO, FILTERS, BOTTLING EQUIPMENT, AND BOOKS OR OTHER WRITTEN MATERIAL TO
ASSIST SPIRITS MAKERS TO PRODUCE AND BOTTLE LIQUOR; AND
(VI) SOUVENIR ITEMS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO
ARTWORK, CRAFTS, CLOTHING, AGRICULTURAL PRODUCTS AND ANY OTHER ARTICLES
WHICH CAN BE CONSTRUED TO PROPAGATE TOURISM WITHIN THE REGION.
(VII) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANOTHER
BUSINESS OR OTHER BUSINESSES MAY OPERATE ON THE LICENSED PREMISES
SUBJECT TO SUCH RULES AND REGULATIONS AS THE LIQUOR AUTHORITY MAY
PRESCRIBE. SUCH RULES AND REGULATIONS SHALL DETERMINE WHICH BUSINESSES
WILL BE COMPATIBLE WITH THE POLICY AND PURPOSES OF THIS CHAPTER AND
SHALL CONSIDER THE EFFECT OF PARTICULAR BUSINESSES ON THE COMMUNITY AND
AREA IN THE VICINITY OF THE MICRO-DISTILLERY PREMISES, PROVIDED HOWEVER
THAT A RETAILER BUSINESS LICENSED UNDER THIS CHAPTER SHALL NOT BE
PERMITTED TO OPERATE AT A LICENSED MANUFACTURING PREMISES.
(F) THE HOLDER OF A LICENSE AUTHORIZED BY THIS SUBDIVISION MAY OPERATE
UP TO FIVE BRANCH OFFICES LOCATED AWAY FROM THE LICENSED PREMISES. SUCH
LOCATIONS SHALL BE CONSIDERED PART OF THE LICENSED PREMISES AND ALL
ACTIVITIES ALLOWED AT AND LIMITED TO THE MICRO-DISTILLERY MAY BE
CONDUCTED AT THE BRANCH OFFICES. SUCH BRANCH OFFICES SHALL NOT BE
LOCATED WITHIN, SHARE A COMMON ENTRANCE AND EXIT WITH, OR HAVE ANY INTE-
RIOR ACCESS TO ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL
ALCOHOLIC BEVERAGES AT RETAIL. PRIOR TO COMMENCING OPERATION OF ANY SUCH
BRANCH OFFICE, THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION
OF SUCH BRANCH OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPER-
ATION OF SAME.
§ 3. Subdivision 2-b of section 61 of the alcoholic beverage control
law, as amended by chapter 431 of the laws of 2014, is amended to read
as follows:
2-b. (A) A class B-1 distiller's license shall authorize the holder
thereof to operate a rectifying plant which has a production capacity of
no more than seventy-five thousand gallons per year for the manufacture
of the products of rectification by purifying or combining alcohol,
spirits, wine, or beer and the manufacture of cordials by the redistil-
lation of alcohol or spirits over or with any materials. Such a license
shall also authorize the holder thereof to blend, reduce proof and
bottle on [his] licensed premises or in a United States customs bonded
warehouse for which a warehouse permit has been issued under this chap-
ter for wholesale liquor licensees or for persons authorized to sell
liquor at wholesale pursuant to the laws and regulation of any other
state, territorial possession of the United States or foreign country
liquor received in bulk by such wholesalers from other states, territo-
rial possessions of the United States or a foreign country, and to
rebottle or recondition for wholesale liquor or wine licensees or for
persons authorized to sell liquor or wine at wholesale pursuant to the
laws and regulations of any other state, territorial possession of the
United States or foreign country, liquor or wine manufactured outside
the state, which was purchased and received by such wholesalers in
S. 9005--A 42 A. 10005--A
sealed containers not exceeding one quart each of liquor or fifteen
gallons each of wine. Such a license shall also authorize the sale from
the licensed premises of the products manufactured by such licensee to a
wholesale or retail licensee in sealed containers of not more than one
quart each. In addition, it shall authorize such licensee to sell from
the licensed premises New York state labelled liquors to a farm winery
licensee in sealed containers of not more than one quart for retail sale
for off-premises consumption.
(B) A DISTILLER LICENSED PURSUANT TO THIS SUBDIVISION THAT QUALIFIES
FOR THE MICRO-RECTIFIER FEE PURSUANT TO SECTION SIXTY-SIX OF THIS ARTI-
CLE MAY, AT THE LICENSED PREMISES, SELL AT RETAIL FOR CONSUMPTION ON OR
OFF THE LICENSED PREMISES:
(I) LIQUOR MANUFACTURED BY THE LICENSEE;
(II) NEW YORK STATE LABELED BEER, WINE, CIDER, SPIRITS AND MEAD MANU-
FACTURED BY A PERSON LICENSED TO MANUFACTURE SUCH PRODUCT UNDER THIS
CHAPTER.
(C) A MICRO-RECTIFIER LICENSEE MAY CONDUCT TASTINGS OF ALCOHOLIC
BEVERAGES AND SELL ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON OR
OFF THE LICENSED PREMISES PURSUANT TO THIS SUBDIVISION; PROVIDED, HOWEV-
ER, THAT FOR TASTINGS AND SALES FOR ON-PREMISES CONSUMPTION, THE LICEN-
SEE SHALL REGULARLY KEEP FOOD AVAILABLE FOR SALE OR SERVICE TO ITS
RETAIL CUSTOMERS FOR CONSUMPTION ON THE PREMISES. A LICENSEE PROVIDING
THE FOLLOWING SHALL BE DEEMED IN COMPLIANCE WITH THIS PROVISION: (I)
SANDWICHES, SOUPS OR OTHER SUCH FOODS, WHETHER FRESH, PROCESSED, PRE-
COOKED OR FROZEN; AND/OR (II) FOOD ITEMS INTENDED TO COMPLEMENT THE
TASTING OF ALCOHOLIC BEVERAGES, WHICH SHALL MEAN A DIVERSIFIED SELECTION
OF FOOD THAT IS ORDINARILY CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN
BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING, INCLUDING BUT NOT
LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS
AND CRACKERS.
(D) A MICRO-RECTIFIER LICENSEE MAY SELL LIQUOR MANUFACTURED BY THE
LICENSEE OR ANY OTHER DISTILLER LICENSED PURSUANT TO THIS CHAPTER AT
RETAIL FOR CONSUMPTION OFF THE PREMISES AT THE STATE FAIR, AT RECOGNIZED
COUNTY FAIRS AND AT FARMERS MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS,
SUBJECT TO SUCH RULES AND REGULATIONS AS THE AUTHORITY MAY PRESCRIBE.
(E) A MICRO-RECTIFIER LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO
MANUFACTURE, BOTTLE AND SELL FOOD CONDIMENTS AND PRODUCTS SUCH AS NUTS,
POPCORN, MULLING SPICES AND OTHER SPIRITS RELATED FOOD IN ADDITION TO
OTHER SUCH FOOD AND CRAFTS ON AND FROM THE LICENSED PREMISES. SUCH
LICENSE SHALL AUTHORIZE THE HOLDER THEREOF TO STORE AND SELL GIFT ITEMS
IN A TAX-PAID ROOM UPON THE LICENSED PREMISES INCIDENTAL TO THE SALE OF
LIQUOR. THESE GIFT ITEMS SHALL BE LIMITED TO THE FOLLOWING CATEGORIES:
(I) NON-ALCOHOLIC BEVERAGES FOR CONSUMPTION ON OR OFF PREMISES,
INCLUDING BUT NOT LIMITED TO BOTTLED WATER, JUICE AND SODA BEVERAGES;
(II) FOOD ITEMS FOR THE PURPOSE OF COMPLEMENTING LIQUOR TASTINGS,
WHICH SHALL MEAN A DIVERSIFIED SELECTION OF FOOD THAT IS ORDINARILY
CONSUMED WITHOUT THE USE OF TABLEWARE AND CAN BE CONVENIENTLY CONSUMED
WHILE STANDING OR WALKING. SUCH FOOD ITEMS SHALL INCLUDE BUT NOT BE
LIMITED TO: CHEESES, FRUITS, VEGETABLES, CHOCOLATES, BREADS, MUSTARDS
AND CRACKERS;
(III) FOOD ITEMS, WHICH SHALL INCLUDE LOCALLY PRODUCED FARM PRODUCTS
AND ANY FOOD OR FOOD PRODUCT NOT SPECIFICALLY PREPARED FOR IMMEDIATE
CONSUMPTION UPON THE PREMISES. SUCH FOOD ITEMS MAY BE COMBINED INTO A
PACKAGE CONTAINING LIQUOR RELATED PRODUCTS;
(IV) LIQUOR SUPPLIES AND ACCESSORIES, WHICH SHALL INCLUDE ANY ITEM
UTILIZED FOR THE STORAGE, SERVING OR CONSUMPTION OF LIQUOR OR FOR DECO-
S. 9005--A 43 A. 10005--A
RATIVE PURPOSES. THESE SUPPLIES MAY BE SOLD AS SINGLE ITEMS OR MAY BE
COMBINED INTO A PACKAGE CONTAINING LIQUOR;
(V) LIQUOR-MAKING EQUIPMENT AND SUPPLIES INCLUDING, BUT NOT LIMITED
TO, FILTERS, BOTTLING EQUIPMENT, AND BOOKS OR OTHER WRITTEN MATERIAL TO
ASSIST SPIRITS MAKERS TO PRODUCE AND BOTTLE LIQUOR; AND
(VI) SOUVENIR ITEMS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO
ARTWORK, CRAFTS, CLOTHING, AGRICULTURAL PRODUCTS AND ANY OTHER ARTICLES
WHICH CAN BE CONSTRUED TO PROPAGATE TOURISM WITHIN THE REGION.
(VII) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANOTHER
BUSINESS OR OTHER BUSINESSES MAY OPERATE ON THE LICENSED PREMISES
SUBJECT TO SUCH RULES AND REGULATIONS AS THE LIQUOR AUTHORITY MAY
PRESCRIBE. SUCH RULES AND REGULATIONS SHALL DETERMINE WHICH BUSINESSES
WILL BE COMPATIBLE WITH THE POLICY AND PURPOSES OF THIS CHAPTER AND
SHALL CONSIDER THE EFFECT OF PARTICULAR BUSINESSES ON THE COMMUNITY AND
AREA IN THE VICINITY OF THE MICRO DISTILLERY PREMISES, PROVIDED HOWEVER
THAT A RETAILER BUSINESS LICENSED UNDER THIS CHAPTER SHALL NOT BE
PERMITTED TO OPERATE AT A LICENSED MANUFACTURING PREMISES.
(F) THE HOLDER OF A LICENSE AUTHORIZED BY THIS SUBDIVISION MAY OPERATE
UP TO FIVE BRANCH OFFICES LOCATED AWAY FROM THE LICENSED PREMISES. SUCH
LOCATIONS SHALL BE CONSIDERED PART OF THE LICENSED PREMISES AND ALL
ACTIVITIES ALLOWED AT AND LIMITED TO THE MICRO-DISTILLERY MAY BE
CONDUCTED AT THE BRANCH OFFICES. SUCH BRANCH OFFICES SHALL NOT BE
LOCATED WITHIN, SHARE A COMMON ENTRANCE AND EXIT WITH, OR HAVE ANY INTE-
RIOR ACCESS TO ANY OTHER BUSINESS, INCLUDING PREMISES LICENSED TO SELL
ALCOHOLIC BEVERAGES AT RETAIL. PRIOR TO COMMENCING OPERATION OF ANY SUCH
BRANCH OFFICE, THE LICENSEE SHALL NOTIFY THE AUTHORITY OF THE LOCATION
OF SUCH BRANCH OFFICE AND THE AUTHORITY MAY ISSUE A PERMIT FOR THE OPER-
ATION OF SAME.
§ 4. Paragraph (g) of subdivision 2-c of section 61 of the alcoholic
beverage control law, as added by chapter 431 of the laws of 2014, is
amended to read as follows:
(g) The holder of a license issued under this subdivision may operate
up to [one] FIVE branch [office] OFFICES located away from the licensed
farm distillery. Such [location] LOCATIONS shall be considered part of
the licensed premises and all activities allowed at and limited to the
farm distillery may be conducted at the branch [office] OFFICES. Such
branch [office] OFFICES shall not be located within, share a common
entrance and exit with, or have any interior access to any other busi-
ness, including premises licensed to sell alcoholic beverages at retail.
Prior to commencing operation of any such branch [office] OFFICES, the
licensee shall notify the authority of the location of such branch
[office] OFFICES and the authority may issue a permit for the operation
of same.
§ 5. This act shall take effect immediately.
SUBPART J
Section 1. Section 104 of the alcoholic beverage control law is
amended by adding a new subdivision 12 to read as follows:
12. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO WHOLE-
SALER SHALL ASSESS ANY FEE, INCLUDING BUT NOT LIMITED TO FEES FOR STOR-
AGE, INTEREST, COLLECTIONS, ATTORNEYS, SPLIT CASES, BREAKAGE AND DELIV-
ERY, UPON ANY NEW YORK STATE LICENSED RETAILER OTHER THAN THE PURCHASE
PRICE OF ALCOHOLIC BEVERAGES, PROVIDED, HOWEVER, THAT THE AUTHORITY MAY,
BY RULE OR REGULATION, PERMIT THE ASSESSMENT OF ONE OR MORE CATEGORIES
S. 9005--A 44 A. 10005--A
OF FEES OR CHARGES AND MAY IMPOSE SUCH LIMITATIONS, CONDITIONS, AND
RECORD KEEPING REQUIREMENTS IT DEEMS APPROPRIATE.
§ 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.
SUBPART K
Section 1. The opening paragraph of paragraph (a) of subdivision 1 of
section 101 of the alcoholic beverage control law, as amended by chapter
318 of the laws of 2016, is amended to read as follows:
Be interested directly or indirectly in any premises where any alco-
holic beverage is sold at retail; or in any business devoted wholly or
partially to the sale of any alcoholic beverage at retail by stock
ownership, interlocking directors, mortgage or lien or any personal or
real property, or by any other means, EXCEPT THAT NOTHING IN THIS
SECTION SHALL PROHIBIT A LICENSED MANUFACTURER OR ANY OWNER OF ANY OUT-
OF-STATE PREMISES WHERE LIQUORS, WINES, OR BEER ARE MANUFACTURED FROM
OWNING UP TO THREE LICENSED RETAIL PREMISES FOR ON-PREMISES CONSUMPTION
WHERE SUCH MANUFACTURER IS OWNED BY THE SAME PERSON OR CORPORATE ENTITY
AS SUCH RETAILER OR RETAILERS AND WHERE SUCH RETAILER OR RETAILERS
UTILIZE A SUBSTANTIALLY SIMILAR CORPORATE NAME AND/OR D/B/A AS THE
MANUFACTURER. FOR PURPOSES OF THIS CHAPTER, SAID LICENSED MANUFACTURER
OR OWNER OF ANY OUT-OF-STATE PREMISES WHERE LIQUORS, WINES, OR BEER ARE
MANUFACTURED SHALL BE DEEMED TO BE OWNED BY THE SAME CORPORATE ENTITY AS
SUCH RETAILER OR RETAILERS IF A MAJORITY OF EACH CLASS OF STOCK OF EACH
SUCH CORPORATION IS OWNED BY THE SAME PERSON. The provisions of this
paragraph shall not apply to
§ 2. Paragraph (e) of subdivision 1 of section 101 of the alcoholic
beverage control law, as added by chapter 557 of the laws of 1964, is
amended to read as follows:
(e) The prohibitions and restrictions contained in paragraphs [b, c
and d above] (B), (C) AND (D) OF THIS SUBDIVISION shall not apply to any
contractual arrangements between a licensed manufacturer [or wholesaler]
OR ANY OWNER OF ANY OUT-OF-STATE PREMISES WHERE LIQUORS, WINES, OR BEER
ARE MANUFACTURED and [a] UP TO THREE licensed [retailer] RETAIL PREMISES
FOR ON-PREMISES CONSUMPTION where such manufacturer [or wholesaler has
made a substantial investment, directly or through such retailer, in the
construction, capitalization or furnishing of any exhibit, facility or
installation in the area leased by the city of New York to New York
World's Fair 1964-1965 Corporation, pursuant to chapter four hundred
twenty-eight of the laws of nineteen hundred sixty, as amended, and such
retailer is conducting his business as a part of such exhibit or instal-
lation or is responsible to such corporation for the construction, oper-
ation or maintenance of such exhibit, facility or installation. This
modification to the prohibitions and restrictions contained in this
paragraph shall continue until November first, nineteen hundred sixty-
five] IS OWNED BY THE SAME PERSON OR CORPORATE ENTITY AS SUCH RETAILER
OR RETAILERS.
§ 3. The opening paragraph of paragraph (a) of subdivision 13 of
section 106 of the alcoholic beverage control law, as amended by chapter
453 of the laws of 2018, is amended to read as follows:
No retail licensee for on-premises consumption shall be interested,
directly or indirectly, in any premises where liquors, wines or beer are
S. 9005--A 45 A. 10005--A
manufactured or sold at wholesale, by stock ownership, interlocking
directors, mortgage or lien on any personal or real property or by any
other means, EXCEPT THAT NOTHING SHALL PROHIBIT A LICENSED MANUFACTURER
OR ANY OWNER OF ANY OUT-OF-STATE PREMISES WHERE LIQUORS, WINES, OR BEER
ARE MANUFACTURED, FROM HOLDING UP TO THREE LICENSED RETAIL PREMISES FOR
ON-PREMISES CONSUMPTION WHERE SUCH MANUFACTURER IS OWNED BY THE SAME
PERSON OR CORPORATE ENTITY AS SUCH RETAILER OR RETAILERS, AND except
that liquors, wines or beer may be manufactured or sold wholesale by the
person licensed as a manufacturer or wholesaler thereof:
§ 4. This act shall take effect on the ninetieth day after 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 Subparts A through K of this part shall
be as specifically set forth in the last section of such Subparts.
PART P
Section 1. This act enacts into law components of legislation relating
to alcoholic beverage licensing. Each component is wholly contained
within a Part identified as Subparts A through H. The effective date for
each particular provision contained within such Subpart is set forth in
the last section of such Subpart. Any provision in any section
contained within a Subpart, including the effective date of the Subpart,
which makes reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Subpart in which it is found.
Section three of this act sets forth the general effective date of this
act.
SUBPART A
Section 1. The alcoholic beverage control law is amended by adding a
new section 64-g to read as follows:
§ 64-G. LICENSE TO SELL LIQUOR ON PREMISES AT AN ADULT CARE FACILITY.
1. ANY ADULT CARE FACILITY LICENSED BY THE DEPARTMENT OF HEALTH MAY MAKE
AN APPLICATION TO THE STATE LIQUOR AUTHORITY FOR AN ADULT CARE FACILITY
LICENSE.
2. SUCH APPLICATION SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH
INFORMATION AS SHALL BE REQUIRED BY THE LIQUOR AUTHORITY AND SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS ARTICLE
FOR SUCH LICENSE.
3. SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL SO FAR AS APPLICA-
BLE TO THE PROCEDURE IN CONNECTION WITH SUCH APPLICATION.
4. SUCH ADULT CARE FACILITY LICENSE SHALL IN FORM AND IN SUBSTANCE BE
A LICENSE TO THE ADULT CARE FACILITY TO OPERATE ONE OR MORE FOOD AND
DRINKING ESTABLISHMENTS ON ITS PREMISES AS DEFINED BY ARTICLE
FORTY-SIX-B OF THE PUBLIC HEALTH LAW. SUCH LICENSE SHALL ALSO BE DEEMED
S. 9005--A 46 A. 10005--A
TO INCLUDE A LICENSE TO SELL LIQUOR, WINE, BEER, CIDER, MEAD AND/OR
BRAGGOT AT RETAIL FOR CONSUMPTION ON ITS PREMISES SO LICENSED EXCLUSIVE-
LY TO RESIDENTS AND GUESTS OF RESIDENTS OF THE ADULT CARE FACILITY, AND
ALSO TO SELL ALCOHOLIC BEVERAGES FOR SERVICE ON ITS PREMISES FOR RESI-
DENTS AND GUESTS OF RESIDENTS IN AREAS DESIGNATED BY THE APPLICANT FOR
ALCOHOLIC BEVERAGE CONSUMPTION IN THE MANNER PRESCRIBED BY RULE OR REGU-
LATION OF THE AUTHORITY.
5. ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL
LIQUOR, WINE, BEER, CIDER, MEAD AND/OR BRAGGOT AT RETAIL FOR CONSUMPTION
ON THE PREMISES SHALL APPLY AS FAR AS APPLICABLE TO SUCH APPLICATION.
§ 2. Section 66 of the alcoholic beverage control law is amended by
adding a new subdivision 11 to read as follows:
11. THE FEE FOR AN ORIGINAL AND RENEWAL ADULT CARE FACILITY ON-PREMIS-
ES LICENSE SHALL BE FIVE HUNDRED DOLLARS. SUCH LICENSE SHALL RUN FOR A
PERIOD OF THREE YEARS. IN ADDITION TO THE LICENSE FEES PROVIDED FOR IN
THIS SUBDIVISION, THERE SHALL BE PAID TO THE AUTHORITY WITH EACH
ORIGINAL APPLICATION A FILING FEE OF TWO HUNDRED DOLLARS AND WITH EACH
RENEWAL APPLICATION A FILING FEE OF ONE HUNDRED DOLLARS.
§ 3. 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.
SUBPART B
Section 1. Section 3 of the alcoholic beverage control law is amended
by adding a new subdivision 2-a to read as follows:
2-A. "AIRLINE LOUNGE" MEANS AND INCLUDES ANY PREMISES LOCATED WITHIN
AN AIRPORT AND SUCH PREMISES IS OWNED, LEASED, OR OPERATED BY A UNITED
STATES CERTIFICATED AIRLINE WHICH REGULARLY AND IN A BONA FIDE MANNER
FURNISHES PROVISIONS AND SERVICES THEREIN.
§ 2. Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 8-a to read as follows:
8-A. A LICENSE ISSUED FOR PREMISES BEING CONDUCTED AS AN AIRLINE
LOUNGE SHALL AUTHORIZE THE HOLDER THEREOF TO PROVIDE ALCOHOLIC BEVERAGES
FOR ON-PREMISES CONSUMPTION ONLY TO PERSONS WITH LOUNGE ACCESS PRIVI-
LEGES AS AUTHORIZED BY THE AIRLINE. FOOD SHALL BE MADE REGULARLY AVAIL-
ABLE TO SUCH PERSONS FOR CONSUMPTION ON THE PREMISES. THE AVAILABILITY
OF SANDWICHES, SOUPS OR OTHER FOODS, WHETHER FRESH, PROCESSED, PRE-
COOKED OR FROZEN, SHALL BE DEEMED COMPLIANCE WITH THIS REQUIREMENT. THE
LICENSED PREMISES SHALL COMPLY AT ALL TIMES WITH ALL THE REGULATIONS 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.
§ 3. 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.
SUBPART C
S. 9005--A 47 A. 10005--A
Section 1. Section 3 of the alcoholic beverage control law is amended
by adding a new subdivision 7-aa to read as follows:
7-AA. "CAFE" MEANS A PLACE WHICH IS REGULARLY AND IN A BONA FIDE
MANNER OPEN FOR THE SERVICE OF LIGHT FARE BUT NOT NECESSARILY FULL
ENTREES TO GUESTS FOR COMPENSATION AND FEATURING ADEQUATE FOOD PREPARA-
TION FACILITIES FOR KEEPING OF FOOD ON SAID PREMISES IN COMPLIANCE WITH
ALL THE REGULATIONS OF THE LOCAL DEPARTMENT OF HEALTH, AND WHERE FOOD IS
PREPARED AND SERVED FOR CONSUMPTION ON THE PREMISES IN SUCH QUANTITIES
AS TO SATISFY THE LIQUOR AUTHORITY THAT THE SALE OF ALCOHOLIC BEVERAGES
INTENDED IS INCIDENTAL TO AND NOT THE PRIME SOURCE OF REVENUE FROM THE
OPERATION OF SUCH PREMISES. FOR THE PURPOSES OF A CAFE, "GUESTS" MEANS
PERSONS WHO, DURING THE HOURS WHEN MEALS ARE REGULARLY SERVED THEREIN,
COME TO A CAFE FOR THE PURPOSE OF OBTAINING, AND ACTUALLY ORDER AND
OBTAIN AT SUCH TIME, IN GOOD FAITH, FRESHLY PREPARED LIGHT FARE THEREIN.
NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE THAT
ANY FOOD BE SOLD OR PURCHASED WITH ANY BEVERAGE.
§ 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.
SUBPART D
Section 1. The alcoholic beverage control law is amended by adding a
new section 64-h to read as follows:
§ 64-H. HIGHER EDUCATION ON-PREMISES LICENSE. 1. ANY COLLEGE, UNIVER-
SITY, OR OTHER INSTITUTION FOR HIGHER EDUCATION AUTHORIZED TO CONFER
DEGREES BY THE BOARD OF REGENTS OR THE COMMISSIONER OF EDUCATION MAY
MAKE AN APPLICATION TO THE STATE LIQUOR AUTHORITY FOR A HIGHER EDUCATION
LICENSE.
2. SUCH APPLICATION SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH
INFORMATION AS SHALL BE REQUIRED BY THE LIQUOR AUTHORITY AND SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS SECTION
FOR SUCH LICENSE.
3. SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL SO FAR AS APPLICA-
BLE TO THE PROCEDURE IN CONNECTION WITH SUCH APPLICATION.
4. SUCH HIGHER EDUCATION LICENSE SHALL IN FORM AND IN SUBSTANCE BE A
LICENSE TO THE COLLEGE, UNIVERSITY, OR OTHER INSTITUTION FOR HIGHER
EDUCATION TO PERIODICALLY PROVIDE FOOD AND BEVERAGES FOR EVENTS HELD ON
ITS CAMPUS AS DEFINED BY SECTION TWO OF THE EDUCATION LAW, AND TO SELL
LIQUOR, WINE, BEER AND CIDER AT RETAIL FOR CONSUMPTION ON THE PREMISES
SO LICENSED. THE EVENT SPACES SO DESIGNATED NEED NOT BE CONTIGUOUS TO
ONE ANOTHER. UPON NOTICE TO THE AUTHORITY, A HIGHER EDUCATION LICENSEE
MAY ALSO HOST EVENTS, MEETINGS, SEMINARS, OR CONFERENCES WHERE FOOD AND
ALCOHOLIC BEVERAGES ARE SERVED OR AVAILABLE TO ATTENDEES AND WHERE THE
ALCOHOLIC BEVERAGES ARE INCIDENTAL TO THE EVENT, AT LOCATIONS ON ITS
CAMPUS OTHER THAN THOSE DESIGNATED AS FOOD AND DRINKING ESTABLISHMENTS
IN THE APPLICATION, SUCH EVENTS MAY BE CATERED BY A LICENSED CATERER.
ALL OF THE PROVISIONS OF THIS CHAPTER RELATIVE TO LICENSES TO SELL
LIQUOR, WINE, BEER, CIDER, MEAD AND/OR BRAGGOT AT RETAIL FOR CONSUMPTION
ON THE PREMISES SHALL APPLY SO FAR AS APPLICABLE TO SUCH APPLICATION.
5. SUCH LICENSE SHALL ALSO BE DEEMED TO INCLUDE A LICENSE TO MANUFAC-
TURE LIQUOR, WINE, BEER, CIDER, MEAD AND/OR BRAGGOT ON THE PREMISES
SPECIFICALLY LICENSED, UNDER THE SAME TERMS AND WITHOUT PAYMENT OF ANY
ADDITIONAL FEE. PROVIDED, HOWEVER, THAT NO SUCH LICENSEE SHALL MANUFAC-
S. 9005--A 48 A. 10005--A
TURE ANNUALLY IN EXCESS OF TEN THOUSAND BARRELS OF BEER, SEVENTY-FIVE
THOUSAND GALLONS OF WINE, SEVENTY-FIVE THOUSAND GALLONS OF CIDER, OR
THIRTY-SEVEN THOUSAND FIVE HUNDRED GALLONS OF DISTILLED SPIRITS.
6. A HIGHER EDUCATION LICENSEE MAY CONDUCT TASTINGS OF ANY ALCOHOLIC
BEVERAGES IT PRODUCES:
(A) UPON ITS LICENSED PREMISES;
(B) AT THE STATE FAIR, AT RECOGNIZED COUNTY FAIRS AND AT FARMERS
MARKETS OPERATED ON A NOT-FOR-PROFIT BASIS; AND
(C) AT OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, OCCASIONS OR EVENTS,
WITHIN THE HOURS FIXED BY OR PURSUANT TO SUBDIVISION FOURTEEN OF SECTION
ONE HUNDRED FIVE OF THIS CHAPTER, SPONSORED BY A BONA FIDE CHARITABLE
ORGANIZATION. FOR THE PURPOSES OF THIS PARAGRAPH, A BONA FIDE CHARITABLE
ORGANIZATION SHALL MEAN AND INCLUDE ANY BONA FIDE RELIGIOUS OR CHARITA-
BLE ORGANIZATION OR BONA FIDE EDUCATIONAL, FRATERNAL OR SERVICE ORGAN-
IZATION OR BONA FIDE ORGANIZATION OF VETERANS OR VOLUNTEER FIREFIGHTERS,
WHICH BY ITS CHARTER, CERTIFICATE OF INCORPORATION, CONSTITUTION, OR ACT
OF THE LEGISLATURE, SHALL HAVE AMONG ITS DOMINANT PURPOSES ONE OR MORE
OF THE LAWFUL PURPOSES AS DEFINED IN SUBDIVISION FIVE OF SECTION ONE
HUNDRED EIGHTY-SIX OF THE GENERAL MUNICIPAL LAW.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL
ALCOHOLIC BEVERAGES PRODUCED BY A HIGHER EDUCATION LICENSEE AND SOLD ON
THE PREMISES OF SAID HIGHER EDUCATION LICENSEE, OR UTILIZED FOR TASTINGS
AS OTHERWISE PROVIDED FOR BY THIS SECTION, SHALL BE EXEMPT FROM THE
PROVISIONS OF SECTIONS FIFTY-FIVE-B, ONE HUNDRED SEVEN-A, ONE HUNDRED
ONE-AA, AND ONE HUNDRED ONE-AAA OF THIS CHAPTER.
8. A HIGHER EDUCATION LICENSEE MAY SELL ALCOHOLIC BEVERAGES PRODUCED
BY THE LICENSEE TO ANOTHER RETAIL LICENSEE WHERE SUCH OTHER LICENSE IS
HELD BY THE COLLEGE, UNIVERSITY, OR OTHER INSTITUTION FOR HIGHER EDUCA-
TION.
9. FOR PURPOSES OF SECTIONS ONE HUNDRED ONE AND ONE HUNDRED SIX OF
THIS CHAPTER, THE LICENSEE UNDER THIS SECTION SHALL BE CONSIDERED A
"RETAILER" AS THAT TERM IS DEFINED WITHIN SECTION THREE OF THIS CHAPTER.
PROVIDED, HOWEVER, THAT THE PROVISIONS OF SUBDIVISION ONE OF SECTION ONE
HUNDRED ONE AND SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED SIX OF THIS
CHAPTER SHALL ONLY APPLY TO THE LICENSEE'S ALCOHOLIC BEVERAGE OFFICER,
AS DESIGNATED PURSUANT TO SUBDIVISION FOUR OF SECTION ONE HUNDRED TWEN-
TY-SIX OF THIS CHAPTER.
10. A HIGHER EDUCATION LICENSEE SHALL REPORT TO THE AUTHORITY NO LESS
THAN FIVE DAYS PRIOR TO ALL EVENTS FEATURING SALES OR TASTINGS OF ALCO-
HOLIC BEVERAGES CONDUCTED PURSUANT TO THEIR LICENSE DURING THE LICENSE
PERIOD IN SUCH MANNER AND FORMAT AS THE AUTHORITY SHALL DIRECT.
§ 2. Subdivision 1 of section 101 of the alcoholic beverage control
law is amended by adding a new paragraph (g) to read as follows:
(G) IN THE CASE OF A COLLEGE, UNIVERSITY, OR OTHER INSTITUTION FOR
HIGHER EDUCATION AUTHORIZED TO CONFER DEGREES BY THE BOARD OF REGENTS OR
THE COMMISSIONER OF EDUCATION HOLDING A RETAIL LICENSE UNDER THIS CHAP-
TER, THE PROVISIONS AND RESTRICTIONS CONTAINED IN PARAGRAPHS (B) AND (D)
OF THIS SUBDIVISION SHALL ONLY APPLY TO SUCH LICENSEE'S ALCOHOLIC BEVER-
AGE OFFICER, AS DESIGNATED PURSUANT TO SUBDIVISION FOUR OF SECTION ONE
HUNDRED TWENTY-SIX OF THIS ARTICLE.
§ 3. Paragraph (a) of subdivision 1 of section 110 of the alcoholic
beverage control law is amended by adding a new clause (iv) to read as
follows:
(IV) IF THE APPLICANT IS A COLLEGE, UNIVERSITY, OR OTHER INSTITUTION
FOR HIGHER EDUCATION AUTHORIZED TO CONFER DEGREES BY THE BOARD OF
REGENTS OR THE COMMISSIONER OF EDUCATION, THE CORPORATE NAME OF THE
S. 9005--A 49 A. 10005--A
APPLICANT, ITS PLACE OF INCORPORATION, ITS MAIN BUSINESS ADDRESS (AND IF
SUCH MAIN BUSINESS ADDRESS IS NOT WITHIN THE STATE, THE ADDRESS OF ITS
MAIN PLACE OF BUSINESS WITHIN THE STATE), OTHER NAMES BY WHICH IT HAS
BEEN KNOWN OR HAS CONDUCTED BUSINESS AT ANY TIME, ITS TELEPHONE NUMBER,
ITS FEDERAL EMPLOYER IDENTIFICATION NUMBER, AND THE NAME OF ITS ALCOHOL-
IC BEVERAGE OFFICER.
§ 4. Subdivision 4 of section 126 of the alcoholic beverage control
law, as amended by chapter 669 of the laws of 2022, is amended to read
as follows:
4. A copartnership or a corporation, unless each member of the part-
nership, or each of the principal officers and directors of the corpo-
ration, is a citizen of the United States or a noncitizen lawfully
admitted for permanent residence in the United States, not less than
twenty-one years of age, and has not been convicted of any felony or any
of the misdemeanors, specified in section eleven hundred forty-six of
the former penal law as in force and effect immediately prior to Septem-
ber first, nineteen hundred sixty-seven, or of an offense defined in
section 230.20 or 230.40 of the penal law, or if so convicted has
received, subsequent to such conviction, an executive pardon therefor
removing this disability a certificate of good conduct granted by the
department of corrections and community supervision, or a certificate of
relief from disabilities granted by the department of corrections and
community supervision or a court of this state pursuant to the
provisions of article twenty-three of the correction law to remove the
disability under this section because of such conviction; provided
however: that a corporation which otherwise conforms to the requirements
of this section and chapter may be licensed if each of its principal
officers and more than one-half of its directors are citizens of the
United States or noncitizens lawfully admitted for permanent residence
in the United States; and provided further that a corporation organized
under the not-for-profit corporation law or the education law which
otherwise conforms to the requirements of this section and chapter may
be licensed if each of its principal officers and more than one-half of
its directors are not less than twenty-one years of age and none of its
directors are less than eighteen years of age; and provided further that
a corporation organized under the not-for-profit corporation law or the
education law and located on the premises of a college as defined by
section two of the education law which otherwise conforms to the
requirements of this section and chapter may be licensed if each of its
principal officers and each of its directors are not less than eighteen
years of age; AND THAT A COLLEGE, UNIVERSITY, OR OTHER INSTITUTION FOR
HIGHER EDUCATION AUTHORIZED TO CONFER DEGREES BY THE BOARD OF REGENTS OR
THE COMMISSIONER OF EDUCATION MAY BE LICENSED IF IT APPOINTS AN ALCOHOL-
IC BEVERAGE OFFICER FROM AMONG ITS OFFICERS WHO OTHERWISE CONFORMS TO
THE REQUIREMENTS OF THIS SECTION AND CHAPTER AND WHO SHALL BE RESPONSI-
BLE FOR FILING ALL APPLICATIONS AND OTHER DOCUMENTS REQUIRED TO BE
SUBMITTED TO THE AUTHORITY.
§ 5. Section 66 of the alcoholic beverage control law is amended by
adding a new subdivision 12 to read as follows:
12. THE FEE FOR AN ORIGINAL AND RENEWAL HIGHER EDUCATION ON-PREMISES
LICENSE SHALL BE ONE THOUSAND FIVE HUNDRED DOLLARS. SUCH LICENSE SHALL
RUN FOR A PERIOD OF THREE YEARS. IN ADDITION TO THE LICENSE FEES
PROVIDED FOR IN THIS SUBDIVISION, THERE SHALL BE PAID TO THE AUTHORITY
WITH EACH ORIGINAL APPLICATION A FILING FEE OF TWO HUNDRED DOLLARS AND
WITH EACH RENEWAL APPLICATION A FILING FEE OF ONE HUNDRED DOLLARS.
S. 9005--A 50 A. 10005--A
§ 6. 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.
SUBPART E
Section 1. The alcoholic beverage control law is amended by
adding a new section 79-e to read as follows:
§ 79-E. HOTEL CONCESSIONAIRE LICENSE. 1. ANY PERSON MAY APPLY TO THE
AUTHORITY FOR A LICENSE TO SELL UNOPENED ALCOHOLIC BEVERAGES TO GO FROM
A SHOP OR CONCESSION STAND LOCATED WITHIN A HOTEL.
2. (A) SUCH HOTEL CONCESSIONAIRE LICENSE SHALL IN FORM AND IN
SUBSTANCE ENABLE THE PERSON SPECIFICALLY LICENSED TO SELL WINE, BEER,
CIDER, MEAD, BRAGGOT, AND WINE PRODUCTS AT NOT MORE THAN FIFTEEN PERCENT
ALCOHOL BY VOLUME AND IN SEALED CONTAINERS NOT TO EXCEED SEVEN HUNDRED
FIFTY MILLILITERS.
(B) ANY PERSON HOLDING A HOTEL CONCESSIONAIRE LICENSE SHALL ONLY SELL
ALCOHOLIC BEVERAGES DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION ABOVE
AT RETAIL EXCLUSIVELY TO REGISTERED OVERNIGHT GUESTS STAYING AT THE
HOTEL AT THE TIME OF THE SALE.
3. A LICENSE ISSUED UNDER THIS SECTION SHALL BE CONFINED TO A CLEARLY
DEFINED AREA WITHIN A HOTEL AS DISCLOSED TO THE AUTHORITY. PROVIDED,
HOWEVER, THAT A HOTEL CONCESSIONAIRE LICENSEE MAY USE SPACE SHARED WITH
THE HOTEL IN WHICH THE LICENSED PREMISES IS LOCATED TO KEEP AND MAINTAIN
ANY BOOKS AND RECORDS REQUIRED BY THIS CHAPTER AND TO STORE ALCOHOLIC
BEVERAGES. SUCH SHARED SPACE SHALL BE DISCLOSED TO AND APPROVED BY THE
AUTHORITY.
4. THE HOLDER OF A HOTEL CONCESSIONAIRE LICENSE SHALL TAKE THE FOLLOW-
ING ACTIONS TO PREVENT THE OCCURRENCE OF PROHIBITED SALES AS DESCRIBED
IN SECTION SIXTY-FIVE OF THIS CHAPTER:
(A) THE HOTEL SHOP OR CONCESSION STAND LICENSED UNDER THIS SECTION
MUST BE DIRECTLY SUPERVISED BY THE LICENSEE, A HIRED MANAGER, OR AN
EMPLOYEE OF THE LICENSEE DURING ALL HOURS OF OPERATION;
(B) ALL SALES OF ALCOHOLIC BEVERAGES IN THE LICENSED HOTEL SHOP OR
CONCESSION STAND MUST BE MADE BY A PERSON HOLDING A CERTIFICATE OF
COMPLETION ISSUED BY AN ALCOHOL TRAINING AWARENESS PROGRAM PURSUANT TO
SUBDIVISION TWELVE OF SECTION SEVENTEEN OR SUBDIVISION TEN OF SECTION
EIGHTEEN OF THIS CHAPTER;
(C) THE HOLDER OF A HOTEL CONCESSIONAIRE LICENSE MUST OBTAIN AN AGE
VERIFICATION SCANNER AND KEEP IT IN THE HOTEL SHOP OR CONCESSION STAND
LICENSED UNDER THIS SECTION;
(D) THE PERSONS MAKING THE SALE OF ALCOHOL IN THE LICENSED HOTEL SHOP
OR CONCESSION STAND MUST USE A SCANNER TO VERIFY THE AGE OF CUSTOMERS
BEFORE COMPLETING THE TRANSACTION; AND
(E) ALL OTHER PREVENTATIVE MEASURES AS DEEMED NECESSARY BY THE AUTHOR-
ITY.
5. EVERY HOTEL CONCESSIONAIRE LICENSEE SHALL REGULARLY KEEP FOOD
AVAILABLE FOR SALE IN THE SHOP OR CONCESSION STAND LOCATED WITHIN THE
HOTEL. THE AVAILABILITY OF SANDWICHES, SOUPS OR OTHER FOODS, WHETHER
FRESH, PROCESSED, PRE-COOKED OR FROZEN, SHALL BE DEEMED COMPLIANCE WITH
THIS REQUIREMENT.
6. (A) ANY PERSON RECEIVING A HOTEL CONCESSIONAIRE LICENSE UNDER THIS
SECTION SHALL BE SUBJECT TO THE PROVISIONS OF SECTIONS ONE HUNDRED FIVE
S. 9005--A 51 A. 10005--A
AND ONE HUNDRED FIVE-B OF THIS CHAPTER, UNLESS DETERMINED OTHERWISE BY
THE AUTHORITY PURSUANT TO SUBDIVISION TEN OF THIS SECTION.
(B) ANY PREMISES LICENSED UNDER THIS SECTION AND ANY SPACE SHARED WITH
A HOTEL IN WHICH SAID PREMISES IS LOCATED SHALL BE SUBJECT TO INSPECTION
BY ANY PEACE OFFICER DESCRIBED IN SUBDIVISION FOUR OF SECTION 2.10 OF
THE CRIMINAL PROCEDURE LAW ACTING PURSUANT TO THEIR SPECIAL DUTIES, OR
POLICE OFFICER OR ANY DULY AUTHORIZED REPRESENTATIVE OF THE STATE LIQUOR
AUTHORITY, DURING THE HOURS WHEN SAID PREMISES ARE OPEN FOR THE TRANS-
ACTION OF BUSINESS.
7. NOT WITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, ANY HOTEL
BUSINESS OPERATOR WITH A LICENSE ISSUED UNDER THIS CHAPTER TO SELL ALCO-
HOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES AT SUCH HOTEL
MAY APPLY TO THE AUTHORITY FOR A HOTEL CONCESSIONAIRE LICENSE.
8. THE FEE FOR A HOTEL CONCESSIONAIRE LICENSE SHALL BE ONE THOUSAND
NINE HUNDRED TWENTY DOLLARS IN THE COUNTIES OF NEW YORK, KINGS, BRONX,
AND QUEENS; NINE HUNDRED SIXTY DOLLARS IN THE COUNTY OF RICHMOND AND IN
CITIES HAVING A POPULATION OF MORE THAN ONE HUNDRED THOUSAND AND LESS
THAN ONE MILLION; AND FOUR HUNDRED THIRTY-FIVE DOLLARS ELSEWHERE. SAID
LICENSE SHALL RUN FOR A PERIOD OF THREE YEARS. IN ADDITION TO THE
LICENSE FEES PROVIDED FOR IN THIS SUBDIVISION, THERE SHALL BE PAID TO
THE AUTHORITY WITH EACH INITIAL APPLICATION A NON-REFUNDABLE FILING FEE
OF ONE HUNDRED DOLLARS AND WITH EACH RENEWAL APPLICATION A NON-REFUNDA-
BLE FILING FEE OF TWENTY-FIVE DOLLARS.
9. SUCH APPLICATION SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH
INFORMATION AS SHALL BE REQUIRED BY THE RULES OF THE AUTHORITY AND SHALL
BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY SUBDIVISION
EIGHT OF THIS SECTION.
10. THE AUTHORITY MAY PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
DEEMED NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
§ 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.
SUBPART F
Section 1. The alcoholic beverage control law is amended by adding a
new section 99-i to read as follows:
§ 99-I. EARLY MORNING SPORTS BAR ON-PREMISES PERMIT. 1. NOTWITHSTAND-
ING ANY PROVISION OF LAW OR RULE TO THE CONTRARY, ANYONE LICENSED PURSU-
ANT TO THIS CHAPTER WITH THE PRIVILEGE OF SELLING ALCOHOLIC BEVERAGES AT
RETAIL FOR ON-PREMISES CONSUMPTION MAY MAKE AN APPLICATION TO THE
AUTHORITY FOR AN EARLY MORNING SPORTS BAR ON-PREMISES PERMIT.
2. SUCH APPLICATION SHALL BE IN SUCH FORM AS THE AUTHORITY SHALL
PRESCRIBE AND SHALL CONTAIN SUCH INFORMATION AS SHALL BE REQUIRED BY THE
AUTHORITY AND SHALL BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF
ONE THOUSAND DOLLARS FOR SUCH PERMIT. A FILING FEE OF TWENTY DOLLARS
SHALL BE ASSESSED FOR PERMITS ISSUED PURSUANT TO THIS SECTION. IF
APPROVED, SUCH PERMIT TERM SHALL RUN FOR THE SAME LICENSE PERIOD AS THE
UNDERLYING ON-PREMISES RETAIL LICENSE.
3. SUCH PERMIT SHALL AUTHORIZE THE OPERATION OF THE UNDERLYING
LICENSED PREMISES FOR ON-PREMISES RETAIL SALES DURING THE HOURS OF SEVEN
O'CLOCK A.M. TO EIGHT O'CLOCK A.M. MONDAY THROUGH SATURDAY, AND SEVEN
O'CLOCK A.M. TO TEN O'CLOCK A.M. ON SUNDAYS, ON DAYS WHEN A LIVE TELE-
VISED MAJOR PROFESSIONAL OR INTERNATIONAL SPORTING EVENT IS PLAYED
S. 9005--A 52 A. 10005--A
DURING THOSE HOURS IN THE EASTERN DAYLIGHT TIME/EASTERN STANDARD TIME
TIME ZONE ON THAT DATE.
4. SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL SO FAR AS APPLICA-
BLE TO THE PROCEDURE IN CONNECTION WITH SUCH APPLICATION.
5. AN APPLICANT FOR A PERMIT UNDER THIS SECTION SHALL PROVIDE NOTICE
TO THE LOCAL MUNICIPALITY OF SUCH APPLICATION AS PROVIDED IN SECTION ONE
HUNDRED TEN-B OF THIS CHAPTER.
6. SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGES GRANTED THEREUNDER
SHALL BE SUBJECT TO SUCH RULES THAT THE AUTHORITY MAY DEEM NECESSARY.
§ 2. Paragraphs (a) and (b) of subdivision 5 of section 106 of the
alcoholic beverage control law, paragraph (a) as amended by chapter 160
of the laws of 2024 and paragraph (b) as amended by section 1 of part FF
of chapter 55 of the laws of 2020, are amended to read as follows:
(a) Except as provided in paragraph (c) of this subdivision, on
Sunday, from four ante meridiem to ten o'clock a.m., except pursuant to
a permit issued under section ninety-nine-h [or], subdivision five of
section ninety-seven [of this chapter] OR A PERMIT ISSUED UNDER SECTION
NINETY-NINE-I OF THIS CHAPTER.
(b) Except as provided in paragraph (c) of this subdivision, on any
other day between four ante meridiem and eight ante meridiem, EXCEPT
PURSUANT TO A PERMIT ISSUED UNDER SECTION NINETY-NINE-I OF THIS CHAPTER.
§ 3. 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.
SUBPART G
Section 1. Section 53 of the alcoholic beverage control law, as
amended by chapter 3 of the laws of 2021, is amended to read as follows:
§ 53. Wholesaler's license. Any person may apply to the liquor author-
ity for a license to sell beer at wholesale. Such application shall be
in writing and verified and shall contain such information as the liquor
authority shall require. Such application shall be accompanied by a
check or draft for the amount required by this article for such license.
If the liquor authority shall grant the application it shall issue a
license in such form as shall be determined by its rules. Such a license
shall contain a description of the licensed premises and in form and in
substance shall be a license to the person therein specifically desig-
nated to sell beer at wholesale in the premises therein specifically
licensed to duly licensed wholesalers, retailers and permittees in this
state, and to sell or deliver beer to persons outside the state pursuant
to the laws of the place of such sale or delivery. A wholesaler's
license [issued or renewed prior to July first, nineteen hundred sixty,
and thereafter renewed or transferred,] shall authorize the holder ther-
eof to sell beer at retail [to a person for consumption in his home;
provided, however, that regardless of the date issued, renewed or trans-
ferred, a wholesaler's license issued to a brewer or to the wholly-owned
subsidiary of a brewer, shall authorize the holder thereof to sell beer
at retail to a person for consumption in his home] FOR OFF-PREMISES
CONSUMPTION.
§ 2. This act shall take effect immediately and shall apply to all
applications submitted to the authority on or after such effective date.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
S. 9005--A 53 A. 10005--A
tive date are authorized to be made and completed on or before such
effective date.
SUBPART H
Section 1. Subdivision 3 of section 17 of the alcoholic beverage
control law, as separately amended by section 4 of chapter 342 and
section 2 of chapter 656 of the laws of 2025, is amended to read as
follows:
3. To revoke, cancel or suspend for cause any license or permit issued
under this chapter and/or to impose a civil penalty for cause against
any holder of a license or permit issued pursuant to this chapter. Any
civil penalty so imposed shall not exceed the sum of ten thousand
dollars as against the holder of any retail permit issued pursuant to
sections ninety-five, ninety-seven, ninety-eight, ninety-nine-d, NINE-
TY-NINE-I, and paragraph f of subdivision one of section ninety-nine-b
of this chapter, and as against the holder of any retail license issued
pursuant to sections fifty-three-a, fifty-four, fifty-four-a, fifty-
five, fifty-five-a, sixty-three, sixty-four, sixty-four-a, sixty-four-b,
sixty-four-c, SIXTY-FOUR-D, SIXTY-FOUR-E, sixty-four-f, SIXTY-FOUR-G,
SIXTY-FOUR-H, seventy-six-f, seventy-nine, eighty-one and eighty-one-a
of this chapter, and the sum of thirty thousand dollars as against the
holder of a license issued pursuant to sections thirty, thirty-one,
THIRTY-FIVE, fifty-three, FIFTY-NINE-B, sixty-one-a, sixty-one-b,
sixty-one-c, SIXTY-EIGHT, seventy-six, seventy-six-a, [and]
SEVENTY-SIX-C, SEVENTY-SIX-D, SEVENTY-SIX-F, SEVENTY-SEVEN, seventy-
eight AND SEVENTY-NINE-C of this chapter, provided that the civil penal-
ty against the holder of a wholesale license issued pursuant to section
fifty-three of this chapter shall not exceed the sum of ten thousand
dollars where that licensee violates provisions of this chapter during
the course of the sale of beer at retail to a person for consumption at
home, and the sum of one hundred thousand dollars as against the holder
of any license issued pursuant to sections fifty-one, sixty-one, and
sixty-two of this chapter. Any civil penalty so imposed shall be in
addition to and separate and apart from the terms and provisions of the
bond required pursuant to section one hundred twelve of this chapter.
Provided that no appeal is pending on the imposition of such civil
penalty, in the event such civil penalty imposed by the division remains
unpaid, in whole or in part, more than forty-five days after written
demand for payment has been sent by first class mail to the address of
the licensed premises, a notice of impending default judgment shall be
sent by first class mail to the licensed premises and by first class
mail to the last known home address of the person who signed the most
recent license application. The notice of impending default judgment
shall advise the licensee: (a) that a civil penalty was imposed on the
licensee; (b) the date the penalty was imposed; (c) the amount of the
civil penalty; (d) the amount of the civil penalty that remains unpaid
as of the date of the notice; (e) the violations for which the civil
penalty was imposed; and (f) that a judgment by default will be entered
in the supreme court of the county in which the licensed premises are
located, or other court of civil jurisdiction or any other place
provided for the entry of civil judgments within the state of New York
unless the division receives full payment of all civil penalties due
within twenty days of the date of the notice of impending default judg-
ment. If full payment shall not have been received by the division with-
in thirty days of mailing of the notice of impending default judgment,
S. 9005--A 54 A. 10005--A
the division shall proceed to enter with such court a statement of the
default judgment containing the amount of the penalty or penalties
remaining due and unpaid, along with proof of mailing of the notice of
impending default judgment. The filing of such judgment shall have the
full force and effect of a default judgment duly docketed with such
court pursuant to the civil practice law and rules and shall in all
respects be governed by that chapter and may be enforced in the same
manner and with the same effect as that provided by law in respect to
execution issued against property upon judgments of a court of record. A
judgment entered pursuant to this subdivision shall remain in full force
and effect for eight years notwithstanding any other provision of law.
§ 2. Subdivision 6 of section 64-a of the alcoholic beverage control
law, as amended by section 2 of part CC of chapter 55 of the laws of
2024, 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; (B) AN AIRLINE LOUNGE;
(C) A CAFE or [(b)] (D) the operation of a legitimate theatre, including
a motion picture theatre that is a building or facility which is regu-
larly 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 admission 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 regu-
lation classify for eligibility.
§ 3. 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; (B) AN AIRLINE LOUNGE;
(C) A CAFE or [(b)] (D) the operation of a legitimate theatre 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 regu-
lation 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 definition of restaurant and
meals, and where all seating is at tables where meals are served.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided however, that the amendments to
subdivision 3 of section 17 of the alcoholic beverage control law made
by section one of this act shall be subject to the expiration of such
subdivision and shall expire and be deemed repealed therewith; provided
further, however, that the amendments to subdivision 6 of section 64-a
of the alcoholic beverage control law made by section two of this act
shall be subject to the expiration and reversion of such subdivision
pursuant to section 5 of part CC of chapter 55 of the laws of 2024, as
amended, when upon such date the provisions of section three of this act
shall take effect. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
S. 9005--A 55 A. 10005--A
of this act on its effective date are authorized to be made and
completed on or before such effective date.
§ 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 Subparts A through H of this act shall
be as specifically set forth in the last section of such Subparts.
PART Q
Section 1. The alcoholic beverage control law is amended by adding a
new section 64-g to read as follows:
§ 64-G. DINE AND DANCE LICENSE. 1. ANY PERSON MAY MAKE AN APPLICATION
TO THE STATE LIQUOR AUTHORITY FOR A LICENSE TO SELL LIQUOR AT RETAIL TO
BE CONSUMED ON THE PREMISES OF A DINE AND DANCE LICENSEE. SUCH LICENSES
SHALL BE ISSUED EXCEPT FOR GOOD CAUSE SHOWN AND SHALL IN FORM AND IN
SUBSTANCE BE A LICENSE TO THE PERSON SPECIFICALLY LICENSED TO SELL
LIQUORS AT RETAIL, TO BE CONSUMED UPON THE PREMISES. SUCH LICENSE SHALL
ALSO BE DEEMED TO INCLUDE A LICENSE TO SELL WINE, BEER, CIDER, MEAD
AND/OR BRAGGOT AT RETAIL TO BE CONSUMED UNDER THE SAME TERMS AND CONDI-
TIONS, WITHOUT THE PAYMENT OF ANY ADDITIONAL FEE. ALL OF THE PROVISIONS
OF THIS CHAPTER RELATIVE TO LICENSES TO SELL LIQUOR, WINE, BEER, CIDER,
MEAD AND/OR BRAGGOT AT RETAIL FOR CONSUMPTION ON THE PREMISES SHALL
APPLY SO FAR AS APPLICABLE TO SUCH APPLICATION.
2. SUCH APPLICATION SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH
INFORMATION AS SHALL BE REQUIRED BY THE LIQUOR AUTHORITY AND SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS CHAPTER
FOR SUCH LICENSES.
3. SECTION FIFTY-FOUR OF THIS CHAPTER SHALL CONTROL, SO FAR AS APPLI-
CABLE, THE PROCEDURE IN CONNECTION WITH SUCH APPLICATION.
4. UNDER THIS SECTION, PERMISSIBLE METHODS OF OPERATION INCLUDE LIVE
AND/OR RECORDED AND/OR DJ MUSIC AND SHALL ALSO SPECIFICALLY PROVIDE FOR
PATRON AND/OR EMPLOYEE DANCING, PROVIDED THAT SUCH DANCING SHALL NOT
INCLUDE EXOTIC DANCING. THE LIQUOR AUTHORITY MAY PROMULGATE SUCH RULES
AND REGULATIONS AS DEEMED NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
SECTION.
5. EVERY DINE AND DANCE LICENSEE SHALL KEEP FOOD AVAILABLE FOR SALE TO
ITS CUSTOMERS FOR CONSUMPTION ON THE PREMISES. THE AVAILABILITY OF SAND-
WICHES, SOUPS OR COMPARABLE FOODS, WHETHER FRESH, PROCESSED, PRE-COOKED
OR FROZEN, DURING SUCH HOURS OF OPERATION SHALL BE DEEMED COMPLIANCE
WITH THIS REQUIREMENT. NOTHING CONTAINED IN THIS SUBDIVISION, HOWEVER,
SHALL BE CONSTRUED TO REQUIRE THAT ANY FOOD BE SOLD OR PURCHASED WITH
ANY LIQUOR.
6. THE AUTHORITY MAY CONSIDER ANY OR ALL OF THE FOLLOWING IN DETERMIN-
ING WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST
WILL BE PROMOTED BY THE GRANTING OF LICENSES UNDER THIS SECTION:
(A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
S. 9005--A 56 A. 10005--A
(B) EVIDENCE THAT APPLICANTS HAVE SECURED ALL NECESSARY LICENSES AND
PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
(C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
(D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
(E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
THE PROPOSED PREMISES; AND
(F) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO DETERMINE THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY TO FIND
THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
7. NO RESTAURANT DINE AND DANCE LICENSE SHALL BE GRANTED FOR ANY PREM-
ISES WHICH SHALL BE:
(A) ON THE SAME STREET OR AVENUE AND WITHIN TWO HUNDRED FEET OF A
BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER
PLACE OF WORSHIP; OR
(B) IN A CITY, TOWN OR VILLAGE HAVING A POPULATION OF TWENTY THOUSAND
OR MORE WITHIN FIVE HUNDRED FEET OF THREE OR MORE EXISTING PREMISES
LICENSED AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR,
SIXTY-FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D, AND/OR SIXTY-
FOUR-F OF THIS ARTICLE;
(C) THE MEASUREMENTS IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION ARE
TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAREST ENTRANCE OF
THE PREMISES SOUGHT TO BE LICENSED TO THE CENTER OF THE NEAREST ENTRANCE
OF SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP OR TO THE
CENTER OF THE NEAREST ENTRANCE OF EACH SUCH PREMISES LICENSED AND OPER-
ATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR, SIXTY-FOUR-A,
SIXTY-FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D, AND/OR SIXTY-FOUR-F OF THIS
ARTICLE; EXCEPT, HOWEVER, THAT NO RENEWAL LICENSE SHALL BE DENIED
BECAUSE OF SUCH RESTRICTION TO ANY PREMISES SO LOCATED WHICH WERE MAIN-
TAINED AS A BONA FIDE HOTEL, RESTAURANT, CATERING ESTABLISHMENT OR CLUB
ON OR PRIOR TO DECEMBER FIFTH, NINETEEN HUNDRED THIRTY-THREE; AND,
EXCEPT THAT NO LICENSE SHALL BE DENIED TO ANY PREMISES AT WHICH A
LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY FROM A
DATE PRIOR TO THE DATE WHEN A BUILDING ON THE SAME STREET OR AVENUE AND
WITHIN TWO HUNDRED FEET OF SAID PREMISES HAS BEEN OCCUPIED EXCLUSIVELY
AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP; AND EXCEPT
THAT NO LICENSE SHALL BE DENIED TO ANY PREMISES, WHICH IS WITHIN FIVE
HUNDRED FEET OF THREE OR MORE EXISTING PREMISES LICENSED AND OPERATING
PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-
FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D, AND/OR SIXTY-FOUR-F OF THIS ARTICLE,
AT WHICH A LICENSE UNDER THIS CHAPTER HAS BEEN IN EXISTENCE CONTINUOUSLY
ON OR PRIOR TO NOVEMBER FIRST, NINETEEN HUNDRED NINETY-THREE. THE LIQUOR
AUTHORITY, IN ITS DISCRETION, MAY AUTHORIZE THE REMOVAL OF ANY SUCH
LICENSED PREMISES TO A DIFFERENT LOCATION ON THE SAME STREET OR AVENUE,
WITHIN TWO HUNDRED FEET OF SAID SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE
OF WORSHIP, PROVIDED THAT SUCH NEW LOCATION IS NOT WITHIN A CLOSER
DISTANCE TO SUCH SCHOOL, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP.
(D) WITHIN THE CONTEXT OF THIS SUBDIVISION, THE WORD "ENTRANCE" SHALL
MEAN A DOOR OF A SCHOOL, OF A HOUSE OF WORSHIP, OR OF PREMISES LICENSED
AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR, SIXTY-
FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D, AND/OR SIXTY-FOUR-F OF
THIS ARTICLE OR OF THE PREMISES SOUGHT TO BE LICENSED, REGULARLY USED TO
GIVE INGRESS TO STUDENTS OF THE SCHOOL, TO THE GENERAL PUBLIC ATTENDING
THE PLACE OF WORSHIP, AND TO PATRONS OR GUESTS OF THE PREMISES LICENSED
AND OPERATING PURSUANT TO THIS SECTION AND SECTIONS SIXTY-FOUR, SIXTY-
S. 9005--A 57 A. 10005--A
FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C, SIXTY-FOUR-D AND/OR SIXTY-FOUR-F OF
THIS ARTICLE OR OF THE PREMISES SOUGHT TO BE LICENSED, EXCEPT THAT WHERE
A SCHOOL OR HOUSE OF WORSHIP OR PREMISES LICENSED AND OPERATING PURSUANT
TO THIS SECTION AND SECTIONS SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-B,
SIXTY-FOUR-C, SIXTY-FOUR-D, AND/OR SIXTY-FOUR-F OF THIS ARTICLE OR THE
PREMISES SOUGHT TO BE LICENSED IS SET BACK FROM A PUBLIC THOROUGHFARE,
THE WALKWAY OR STAIRS LEADING TO ANY SUCH DOOR SHALL BE DEEMED AN
ENTRANCE; AND THE MEASUREMENT SHALL BE TAKEN TO THE CENTER OF THE WALK-
WAY OR STAIRS AT THE POINT WHERE IT MEETS THE BUILDING LINE OR PUBLIC
THOROUGHFARE. A DOOR WHICH HAS NO EXTERIOR HARDWARE, OR WHICH IS USED
SOLELY AS AN EMERGENCY OR FIRE EXIT, OR FOR MAINTENANCE PURPOSES, OR
WHICH LEADS DIRECTLY TO A PART OF A BUILDING NOT REGULARLY USED BY THE
GENERAL PUBLIC OR PATRONS, IS NOT DEEMED AN "ENTRANCE".
(D-1) WITHIN THE CONTEXT OF THIS SUBDIVISION, A BUILDING OCCUPIED AS A
PLACE OF WORSHIP DOES NOT CEASE TO BE "EXCLUSIVELY" OCCUPIED AS A PLACE
OF WORSHIP BY INCIDENTAL USES THAT ARE NOT OF A NATURE TO DETRACT FROM
THE PREDOMINANT CHARACTER OF THE BUILDING AS A PLACE OF WORSHIP, SUCH
USES WHICH INCLUDE, BUT WHICH ARE NOT LIMITED TO: THE CONDUCT OF LEGALLY
AUTHORIZED GAMES OF BINGO OR OTHER GAMES OF CHANCE HELD AS A MEANS OF
RAISING FUNDS FOR THE NOT-FOR-PROFIT RELIGIOUS ORGANIZATION WHICH
CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR FOR OTHER NOT-FOR-PROFIT
ORGANIZATIONS OR GROUPS; USE OF THE BUILDING FOR FUND-RAISING PERFORM-
ANCES BY OR BENEFITTING THE NOT-FOR-PROFIT RELIGIOUS ORGANIZATION WHICH
CONDUCTS SERVICES AT THE PLACE OF WORSHIP OR OTHER NOT-FOR-PROFIT ORGAN-
IZATIONS OR GROUPS; THE USE OF THE BUILDING BY OTHER RELIGIOUS ORGANIZA-
TIONS OR GROUPS FOR RELIGIOUS SERVICES OR OTHER PURPOSES; THE CONDUCT OF
SOCIAL ACTIVITIES BY OR FOR THE BENEFIT OF THE CONGREGANTS; THE USE OF
THE BUILDING FOR MEETINGS HELD BY ORGANIZATIONS OR GROUPS PROVIDING
BEREAVEMENT COUNSELING TO PERSONS HAVING SUFFERED THE LOSS OF A LOVED
ONE, OR PROVIDING ADVICE OR SUPPORT FOR CONDITIONS OR DISEASES INCLUD-
ING, BUT NOT LIMITED TO, ALCOHOLISM, DRUG ADDICTION, CANCER, CEREBRAL
PALSY, PARKINSON'S DISEASE, OR ALZHEIMER'S DISEASE; THE USE OF THE
BUILDING FOR BLOOD DRIVES, HEALTH SCREENINGS, HEALTH INFORMATION MEET-
INGS, YOGA CLASSES, EXERCISE CLASSES OR OTHER ACTIVITIES INTENDED TO
PROMOTE THE HEALTH OF THE CONGREGANTS OR OTHER PERSONS; AND USE OF THE
BUILDING BY NON-CONGREGANT MEMBERS OF THE COMMUNITY FOR PRIVATE SOCIAL
FUNCTIONS. THE BUILDING OCCUPIED AS A PLACE OF WORSHIP DOES NOT CEASE TO
BE "EXCLUSIVELY" OCCUPIED AS A PLACE OF WORSHIP WHERE THE NOT-FOR-PROFIT
RELIGIOUS ORGANIZATION OCCUPYING THE PLACE OF WORSHIP ACCEPTS THE
PAYMENT OF FUNDS TO DEFRAY COSTS RELATED TO ANOTHER PARTY'S USE OF THE
BUILDING.
8. ANY LICENSE ISSUED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO 9
NYCRR §48.3.
§ 2. Subdivision 4 of section 66 of the alcoholic beverage control
law, as amended by chapter 703 of the laws of 2022, is amended to read
as follows:
4. The annual fee for a license, under section sixty-four [or],
sixty-four-a, SIXTY-FOUR-B, SIXTY-FOUR-D, OR SIXTY-FOUR-G of this arti-
cle, to sell liquor at retail to be consumed on the premises where sold
shall be twenty-one hundred seventy-six dollars in the counties of New
York, Kings, Bronx and Queens; fifteen hundred thirty-six dollars in the
county of Richmond and in cities having a population of more than one
hundred thousand and less than one million; twelve hundred sixteen
dollars in cities having a population of more than fifty thousand and
less than one hundred thousand; and the sum of eight hundred ninety-six
dollars elsewhere; except that the license fees for catering establish-
S. 9005--A 58 A. 10005--A
ments and off-premises catering establishments shall be two-thirds the
license fee specified herein and for clubs, except luncheon clubs and
golf clubs, shall be seven hundred fifty dollars in counties of New
York, Kings, Bronx and Queens; five hundred dollars in the county of
Richmond and in cities having a population of more than one hundred
thousand and less than one million; three hundred fifty dollars in
cities having a population of more than fifty thousand and less than one
hundred thousand; and the sum of two hundred fifty dollars elsewhere.
The annual fees for luncheon clubs shall be three hundred seventy-five
dollars, and for golf clubs in the counties of New York, Kings, Bronx,
Queens, Nassau, Richmond and Westchester, two hundred fifty dollars, and
elsewhere one hundred eighty-seven dollars and fifty cents. Notwith-
standing any other provision of law to the contrary, there shall be no
annual fee for a license, under section sixty-four, to sell liquor at
retail to be consumed on the premises where the applicant is an organ-
ization organized under section two hundred sixty of the military law
and incorporated pursuant to the not-for-profit corporation law.
Provided, however, that where any premises for which a license is issued
pursuant to section sixty-four [or], sixty-four-a, OR SIXTY-FOUR-G of
this article remain open only within the period commencing April first
and ending October thirty-first of any one year, or only within the
period commencing October first and ending the following April thirti-
eth, the liquor authority may, in its discretion, grant a summer or
winter license effective only for such appropriate period of time, for
which a license fee shall be paid to be pro-rated for the period for
which such license is effective, at the rate provided for in the city,
town or village in which such premises are located, except that no such
license fee shall be less than one-half of the regular annual license
fee; provided further that where the premises to be licensed are a race
track or a golf course or are licensed pursuant to section sixty-four or
sixty-four-a of this article, the period of such summer license may
commence March first and end November thirtieth.
Where a hotel, restaurant, club, golf course or race track is open
prior to April first and/or subsequent to October thirty-first by reason
of the issuance of a caterer's permit or permits issued by the authori-
ty, such fact alone shall not affect the eligibility of the premises or
the person owning or operating such hotel, restaurant, club, golf course
or race track for a summer license.
§ 3. Section 67 of the alcoholic beverage control law, as amended by
chapter 523 of the laws of 2023, is amended to read as follows:
§ 67. License fees, duration of licenses; fee for part of year.
Effective April first, nineteen hundred eighty-three, licenses issued
pursuant to sections sixty-one, sixty-two, sixty-three, sixty-four,
sixty-four-a, sixty-four-b, sixty-four-c and sixty-four-e of this arti-
cle shall be effective for three years at three times that annual fee,
except that, in implementing the purposes of this section, the liquor
authority shall schedule the commencement dates, duration and expiration
dates thereof to provide for an equal cycle of license renewals issued
under each such section through the course of the fiscal year. Effective
December first, nineteen hundred ninety-eight, licenses issued pursuant
to sections sixty-four, sixty-four-a [and], sixty-four-b, SIXTY-FOUR-D,
SIXTY-FOUR-F, AND SIXTY-FOUR-G of this article shall be effective for
two years at two times that annual fee, except that, in implementing the
purposes of this section, the liquor authority shall schedule the
commencement dates, duration and expiration dates thereof to provide for
an equal cycle of license renewals issued under each such section
S. 9005--A 59 A. 10005--A
through the course of the fiscal year. Notwithstanding the foregoing,
commencing on December first, nineteen hundred ninety-eight and conclud-
ing on July thirty-first, two thousand two, a licensee issued a license
pursuant to section sixty-four, sixty-four-a or sixty-four-b of this
article may elect to remit the fee for such license in equal annual
installments. Such installments shall be due on dates established by the
liquor authority and the failure of a licensee to have remitted such
annual installments after a due date shall be a violation of this chap-
ter. For licenses issued for less than the three-year licensing period,
the license fee shall be levied on a pro-rated basis. The entire license
fee shall be due and payable at the time of application. The liquor
authority may make such rules as shall be appropriate to carry out the
purpose of this section.
§ 4. Subdivision 1 of section 110-a of the alcoholic beverage control
law, as added by chapter 77 of the laws of 1999, is amended to read as
follows:
1. Every person applying for a license to sell alcoholic beverages
pursuant to subdivision four of section fifty-one, or section fifty-
five, sixty-four, sixty-four-a, SIXTY-FOUR-B, sixty-four-c,
SIXTY-FOUR-D, SIXTY-FOUR-F, SIXTY-FOUR-G, eighty-one or eighty-one-a of
this chapter shall publish notice thereof pursuant to subdivision two of
this section.
§ 5. Subdivision 1 of section 110-b of the alcoholic beverage control
law, as amended by chapter 342 of the laws of 2025, is amended to read
as follows:
1. Not more than two hundred seventy days before filing any of the
following applications, an applicant shall notify the municipality in
which the premises is located of such applicant's intent to file such an
application:
(a) for a license issued pursuant to section fifty-five, fifty-five-a,
sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d,
sixty-four-f, SIXTY-FOUR-G, eighty-one or eighty-one-a of this chapter;
(b) for a renewal under section one hundred nine of this chapter of a
license issued pursuant to section fifty-five, fifty-five-a, sixty-four,
sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, SIXTY-FOUR-G,
eighty-one or eighty-one-a of this chapter if the premises is located
within the city of New York;
(c) for approval of an alteration under section ninety-nine-d of this
chapter if the premises is located within the city of New York and
licensed pursuant to section fifty-five, fifty-five-a, sixty-four,
sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f, SIXTY-FOUR-G,
eighty-one or eighty-one-a of this chapter;
(d) for approval of a substantial corporate change under section nine-
ty-nine-d of this chapter if the premises is located within the city of
New York and licensed pursuant to section fifty-five, fifty-five-a,
sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, sixty-four-f,
SIXTY-FOUR-G, eighty-one or eighty-one-a of this chapter; or
(e) for a temporary retail permit issued under paragraph (b) of subdi-
vision one of section ninety-seven-a of this chapter where the estab-
lishment is to be licensed pursuant to section fifty-five, fifty-five-a,
sixty-four, sixty-four-a, sixty-four-b, sixty-four-c, sixty-four-d,
sixty-four-f, SIXTY-FOUR-G, eighty-one or eighty-one-a of this chapter
located in a city with a population of one million or more people. If an
applicant subject to this paragraph shall, after filing an application
for a retail license and providing proper notice for such application
pursuant to paragraph (a) of this subdivision, subsequently file an
S. 9005--A 60 A. 10005--A
application for a temporary retail permit pursuant to section ninety-
seven-a of this chapter at the same premises, such applicant must file
additional notice pursuant to this paragraph; provided, however, such
notice will be effective at the later of its proper service under this
section or thirty days from the date proper notice was served under
paragraph (a) of this subdivision for the license at the same premises.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all applications received
by the authority on or after such effective date; provided, however,
that if chapter 342 of the laws of 2025 shall not have taken effect on
or before such date then section five of this act shall take effect on
the same date and in the same manner as such chapter of the laws of 2025
takes effect. 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 R
Section 1. Subdivisions 2 and 3 of section 17-212 of the election law,
as added by chapter 226 of the laws of 2022, are amended to read as
follows:
2. (A) ANY PERSON, POLITICAL COMMITTEE, LABOR ORGANIZATION, CORPO-
RATION, OR OTHER ENTITY, WHETHER ACTING UNDER COLOR OF LAW OR OTHERWISE,
WHO KNOWINGLY VIOLATES SUBDIVISION ONE OF THIS SECTION IS GUILTY OF A
CLASS A MISDEMEANOR.
(B) ANY ATTEMPT TO COMMIT AN OFFENSE DESCRIBED IN SUBDIVISION ONE OF
THIS SECTION, IN ACCORDANCE WITH THE APPLICABLE PROVISION OF THE PENAL
LAW, IS A CLASS B MISDEMEANOR.
3. Standing. Any aggrieved persons, organization whose membership
includes aggrieved persons or members of a protected class, organization
whose mission, in whole or in part, is to ensure voting access and such
mission would be hindered by a violation of this section, or the attor-
ney general may file an action pursuant to this section in the supreme
court of the county in which the alleged violation of this section
occurred.
[3.] 4. Remedies. (A) THE PROVISIONS OF ARTICLE TWENTY AND ARTICLE ONE
HUNDRED FIVE OF THE PENAL LAW, RELATING TO CRIMINAL LIABILITY FOR
CONDUCT OF ANOTHER AND CONSPIRACY, SHALL APPLY TO PROSECUTIONS UNDER
THIS SECTION.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ATTORNEY GENERAL
SHALL HAVE CONCURRENT JURISDICTION WITH ANY DISTRICT ATTORNEY IN THE
PROSECUTION OF ANY OFFENSES UNDER THIS SECTION RELATING TO DECEPTIVE
PRACTICES AS WELL AS ANY OFFENSES ARISING OUT OF SUCH PROSECUTION.
(C) Upon a finding of a violation of any provision of this section,
the court shall implement appropriate remedies that are tailored to
remedy the violation, including but not limited to providing for addi-
tional time to cast a ballot that may be counted in the election at
issue. Any party who shall violate any of the provisions of the forego-
ing section or who shall aid the violation of any of said provisions
shall be liable to any prevailing plaintiff party for damages, including
nominal damages for any violation, and compensatory or punitive damages
for any intentional violation.
§ 2. Section 17-166 of the election law is amended to read as follows:
§ 17-166. Penalty. Any person convicted of a misdemeanor under this
article shall for a first offense be punished by A SENTENCE OF imprison-
S. 9005--A 61 A. 10005--A
ment for not more than one year, or by a fine of not less than one
hundred dollars nor more than five hundred dollars, or by both such fine
and imprisonment, UNLESS OTHERWISE PROVIDED BY LAW. Any person who,
having been convicted of a misdemeanor under this article, shall there-
after be convicted of another misdemeanor under this article, shall be
guilty of a CLASS E felony. FOR ANY SUBSEQUENT CONVICTION UNDER THIS
ARTICLE, SUCH PERSON SHALL BE GUILTY OF A CLASS D FELONY.
§ 3. This act shall take effect immediately.
PART S
Section 1. Subdivision 5 of section 14-106 of the election law, as
added by section 1 of subpart B of part MM of chapter 58 of the laws of
2024 and paragraph (b) as amended by chapter 169 of the laws of 2024, is
amended to read as follows:
5. (a) For purposes of this subdivision:
(i) "Materially deceptive media" means any image, video, audio, text,
or any technological representation of speech or conduct fully or
partially created or modified that:
(1) exhibits a high level of authenticity or convincing appearance
that is visually or audibly indistinguishable from reality to a reason-
able person;
(2) depicts a scenario that did not actually occur or that has been
altered in a significant way from how [they] IT actually occurred; and
(3) is created by or with software, machine learning, artificial
intelligence, or any other computer-generated or technological means,
including adapting, modifying, manipulating, or altering a realistic
depiction.
(ii) "Information content provider" means any person or entity that is
responsible, in whole or in part, for the creation or development of
information provided through the Internet or any other interactive
computer service.
(III) "PROVENANCE DATA" HAS THE SAME MEANING AS DEFINED IN SECTION
FIFTEEN HUNDRED THIRTY OF THE GENERAL BUSINESS LAW EXCEPT THAT FOR THE
PURPOSES OF THIS SECTION, TO THE EXTENT IT IS TECHNICALLY FEASIBLE AND
REASONABLE, "PROVENANCE DATA" SHALL INCLUDE UNIQUE DEVICE, SYSTEM, OR
SERVICE INFORMATION THAT IS REASONABLY CAPABLE OF BEING ASSOCIATED WITH
A PARTICULAR USER WHO CREATED OR MODIFIED SUCH DIGITAL CONTENT.
(b) (i) A person, firm, association, corporation, campaign, committee,
or organization that distributes or publishes any political communi-
cation that was produced by or includes materially deceptive media and
has actual knowledge that it is materially deceptive shall be required
to disclose this use. TO THE EXTENT IT IS TECHNICALLY FEASIBLE AND
REASONABLE, SUCH MATERIALLY DECEPTIVE MEDIA SHALL CONTAIN PROVENANCE
DATA.
(ii) (1) For visual media the disclosure shall be printed or typed in
a legible font size easily readable by the average viewer that is no
smaller than other text appearing in the visual media and in the same
language used on the communication to read as follows: "This (image,
video, or audio) has been manipulated".
(2) For communication that is auditory, such as radio or automated
telephone calls, clearly speaking the statement at the beginning of the
audio, at the end of the audio, and, if the audio is greater than two
minutes in length, interspersed within the audio at intervals of not
greater than two minutes each and in the same language as the rest of
the audio used in the communication, and in a pitch that can be easily
S. 9005--A 62 A. 10005--A
heard by the average listener satisfies the requirements of clause one
of this subparagraph.
(C) A PERSON, FIRM, ASSOCIATION, CORPORATION, CAMPAIGN, COMMITTEE, OR
ORGANIZATION SHALL NOT DISTRIBUTE OR PUBLISH MATERIALLY DECEPTIVE MEDIA
OR ENTER INTO A CONTRACT OR OTHER AGREEMENT TO DISTRIBUTE OR PUBLISH
MATERIALLY DECEPTIVE MEDIA IF SUCH PERSON, FIRM, ASSOCIATION, CORPO-
RATION, CAMPAIGN, COMMITTEE, OR ORGANIZATION KNOWS OR REASONABLY SHOULD
KNOW THAT THE ITEM BEING DISSEMINATED IS MATERIALLY DECEPTIVE MEDIA AND
DISTRIBUTION:
(I) TAKES PLACE WITHIN NINETY DAYS BEFORE AN ELECTION;
(II) IS MADE WITHOUT THE EXPRESS WRITTEN CONSENT OF ANY DEPICTED INDI-
VIDUAL; AND
(III) IS MADE WITH THE INTENT TO INFLUENCE THE RESULT OF AN ELECTION.
[(iii) This paragraph] (D) PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION
shall not apply to the following:
[(1)] (I) materially deceptive media that constitutes satire or paro-
dy;
[(2)] (II) materially deceptive media distributed by a bona fide news
reporting entity for the purpose of news reporting or coverage, if the
reporting clearly acknowledges through content or a disclosure, in a
manner that can be easily read or heard by the average listener or view-
er, that there are questions about the authenticity of the materially
deceptive media;
[(3)] (III) a radio or television broadcasting station, including a
cable television, satellite television or streaming service operator,
programmer, producer or other similar entity, that broadcasts a poli-
tical communication when the station or streaming service is paid to
broadcast the political communication if the station or streaming
service can show that it has disclaimer requirements that are consistent
with the requirements provided in [this] paragraph (B) OF THIS SUBDIVI-
SION and that it provided those disclaimer requirements to each person
or entity that purchased the broadcast or streaming of the advertise-
ment; or
[(4)] (IV) initial dissemination by a platform or service including,
but not limited to, a website, regularly published newspaper, or maga-
zine, where the content disseminated is materially deceptive media
provided by another information content provider.
[(iv)] (E) A candidate whose voice or likeness appears in materially
deceptive media in violation of this subdivision may seek reasonable
court costs and attorneys' fees and injunctive relief prohibiting the
distribution, publication or broadcasting of any materially deceptive
media in violation of this subdivision against such individual or entity
who disseminated or published such media without the consent of the
person depicted and who knew or should have known that it was materially
deceptive. An action under this paragraph shall be initiated by filing
an application for an order to show cause in the supreme court where the
materially deceptive media at issue could deceive and influence electors
in an upcoming election. Such action shall be entitled to an automatic
calendar preference and be subject to expedited pretrial and trial
proceedings.
[(v)] (F) In any action alleging a violation of this subdivision in
which a plaintiff seeks preliminary relief with respect to an upcoming
election, the court shall grant relief if it determines that:
[(A)] (I) plaintiffs are more likely than not to succeed on the
merits; and
S. 9005--A 63 A. 10005--A
[(B)] (II) it is possible to implement an appropriate remedy that
would resolve the alleged violation in the upcoming election.
[(vi)] (G) In any action commenced under this subdivision, the plain-
tiff bears the burden of establishing the use of materially deceptive
media by clear and convincing evidence.
§ 2. This act shall take effect January 1, 2027.
PART T
Section 1. Section 602 of the financial services law, as added by
section 26 of part H of chapter 60 of the laws of 2014, is amended to
read as follows:
§ 602. Applicability. [(a)] This article shall not apply to health
care services, including emergency services, where physician fees are
subject to schedules or other monetary limitations under any other law,
including the workers' compensation law and article fifty-one of the
insurance law, and shall not preempt any such law. THIS ARTICLE ALSO
SHALL NOT APPLY TO HEALTH CARE SERVICES, INCLUDING EMERGENCY SERVICES,
SUBJECT TO MEDICAL ASSISTANCE PROGRAM COVERAGE PROVIDED PURSUANT TO
SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW.
§ 2. Subsection (c) of section 603 of the financial services law, as
added by section 26 of part H of chapter 60 of the laws of 2014, is
amended and two new subsections (j) and (k) are added to read as
follows:
(c) "Health care plan" means an insurer licensed to write accident and
health insurance pursuant to article thirty-two of the insurance law; a
corporation organized pursuant to article forty-three of the insurance
law; a municipal cooperative health benefit plan certified pursuant to
article forty-seven of the insurance law; a health maintenance organiza-
tion certified pursuant to article forty-four of the public health law;
[or] a student health plan established or maintained pursuant to section
one thousand one hundred twenty-four of the insurance law; OR A HEALTH
BENEFIT PLAN OPERATED PURSUANT TO ARTICLE ELEVEN OF THE CIVIL SERVICE
LAW.
(J) "ALLOWED BENCHMARK" MEANS THE FIFTIETH PERCENTILE OF ALL ALLOWED
AMOUNTS FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PARTIC-
IPATING PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE
SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED
BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE
NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPO-
RATION SUBJECT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, A MUNICIPAL
COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEV-
EN OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED
PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
(K) "MAXIMUM FEE" MEANS THE EIGHTIETH PERCENTILE OF ALL ALLOWED
AMOUNTS FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PARTIC-
IPATING PROVIDER IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE
SAME GEOGRAPHICAL AREA AS REPORTED IN A BENCHMARKING DATABASE MAINTAINED
BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPRO-
FIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION
SUBJECT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, A MUNICIPAL COOPER-
ATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF
THE INSURANCE LAW, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSU-
ANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
S. 9005--A 64 A. 10005--A
§ 3. Section 604 of the financial services law, as amended by section
4 of subpart A of part AA of chapter 57 of the laws of 2022, is amended
to read as follows:
§ 604. Criteria for determining a reasonable fee. (A) In determining
the appropriate amount to pay for a health care service, an independent
dispute resolution entity shall [consider all relevant factors, includ-
ing] SELECT EITHER THE HEALTH CARE PLAN'S PAYMENT OR THE NON-PARTICIPAT-
ING PROVIDER'S FEE DEPENDING ON WHICH ONE IS CLOSEST TO THE ALLOWED
BENCHMARK, PROVIDED, HOWEVER, THAT THE INDEPENDENT DISPUTE RESOLUTION
ENTITY MAY CHOOSE THE HEALTH CARE PLAN'S PAYMENT OR THE NON-PARTICIPAT-
ING PROVIDER'S FEE IF IT IS NOT CLOSEST TO THE ALLOWED BENCHMARK IF:
[(a) whether there is a gross disparity between the fee charged by the
provider for services rendered as compared to:]
(1) [fees paid to the involved provider for the same services rendered
by the provider to other patients in health care plans in which the
provider is not participating, and
(2) in the case of a dispute involving a health care plan, fees paid
by the health care plan to reimburse similarly qualified providers for
the same services in the same region who are not participating with the
health care plan;
(b)] THE HEALTH CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PROVID-
ER'S FEE ARE EQUALLY DISTANT FROM THE ALLOWED BENCHMARK; OR
(2) THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THAT ANY OF
THE FOLLOWING INFORMATION SUBMITTED BY EITHER PARTY CLEARLY DEMONSTRATES
THAT THE ALLOWED BENCHMARK IS NOT APPROPRIATE:
(A) the level of training, education and experience of the health care
professional, and in the case of a hospital, the teaching staff, scope
of services and case mix;
[(c) the provider's usual charge for comparable services with regard
to patients in health care plans in which the provider is not partic-
ipating;
(d)] (B) the circumstances and complexity of the particular case,
including time and place of the service; OR
[(e)] (C) individual patient characteristics[;
(f) the median of the rate recognized by the health care plan to reim-
burse similarly qualified providers for the same or similar services in
the same region that are participating with the health care plan; and
(g) with regard to physician services, the usual and customary cost of
the service].
(B) IF THE INDEPENDENT DISPUTE RESOLUTION ENTITY SELECTS THE HEALTH
CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PROVIDER'S FEE THAT IS NOT
CLOSEST TO THE ALLOWED BENCHMARK, SUCH DECISION SHALL NOT BE ON THE
BASIS OF:
(1) WHETHER THERE IS A GROSS DISPARITY BETWEEN THE FEE CHARGED BY THE
PROVIDER FOR SERVICES RENDERED AS COMPARED TO:
(A) FEES PAID TO THE INVOLVED PROVIDER FOR THE SAME SERVICES RENDERED
BY THE PROVIDER TO OTHER PATIENTS IN HEALTH CARE PLANS IN WHICH THE
PROVIDER IS NOT PARTICIPATING; OR
(B) IN THE CASE OF A DISPUTE INVOLVING A HEALTH CARE PLAN, FEES PAID
BY THE HEALTH CARE PLAN TO REIMBURSE SIMILARLY QUALIFIED PROVIDERS FOR
THE SAME SERVICES IN THE SAME REGION WHO ARE NOT PARTICIPATING WITH THE
HEALTH CARE PLAN;
(2) THE PROVIDER'S USUAL CHARGE FOR COMPARABLE SERVICES WITH REGARD TO
PATIENTS IN HEALTH CARE PLANS IN WHICH THE PROVIDER IS NOT PARTICIPAT-
ING; OR
S. 9005--A 65 A. 10005--A
(3) WITH REGARD TO PHYSICIAN SERVICES, THE USUAL AND CUSTOMARY COST OF
THE SERVICE.
(C) IF AN INDEPENDENT DISPUTE RESOLUTION ENTITY MAKES A DETERMINATION
PURSUANT TO PARAGRAPH TWO OF SUBSECTION (A) OF THIS SECTION, ITS WRITTEN
DECISION SHALL INCLUDE AN EXPLANATION OF THE FACTORS IN PARAGRAPH TWO OF
SUBSECTION (A) OF THIS SECTION THAT DEMONSTRATED THE HEALTH CARE PLAN'S
PAYMENT OR NON-PARTICIPATING PROVIDER'S FEE CLOSEST TO THE ALLOWED
BENCHMARK WAS MATERIALLY DIFFERENT FROM THE APPROPRIATE PAYMENT FOR THE
HEALTH CARE SERVICE.
(D) IF THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE NON-
PARTICIPATING PROVIDER'S FEE IS A REASONABLE FEE FOR THE SERVICES
RENDERED, IN NO CIRCUMSTANCES SHALL THE AMOUNT OWED BY A HEALTH CARE
PLAN EXCEED THE MAXIMUM FEE.
§ 4. Subsection (b) of section 608 of the financial services law, as
amended by section 26 of part H of chapter 60 of the laws of 2014, is
amended to read as follows:
(b) (1) A NON-PARTICIPATING PROVIDER AND A HEALTH CARE PLAN SHALL
SUBMIT FULL PAYMENT FOR THE DISPUTE RESOLUTION PROCESS UPON SUBMISSION
OF THE DISPUTE RESOLUTION APPLICATION OR, IF THE RESPONDING PARTY, WHEN
RESPONDING TO THE INDEPENDENT DISPUTE RESOLUTION ENTITY'S REQUEST FOR
ELIGIBILITY INFORMATION AND SUPPORTING DOCUMENTS.
(2) AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL NOT COMINGLE THE
PAYMENTS FOR THE DISPUTE RESOLUTION PROCESS WITH ANY OTHER FUNDS HELD BY
THE ENTITY AND SHALL HOLD ALL PAYMENTS IN A SEPARATE ACCOUNT.
(3) AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL ISSUE A REFUND OF
THE DISPUTE RESOLUTION PROCESS PAYMENT TO THE PREVAILING PARTY WITHIN
THIRTY DAYS OF RENDERING A DETERMINATION ON THE DISPUTE OR REJECTING THE
DISPUTE AS INELIGIBLE.
(C) For disputes involving a patient that is not an insured, when the
independent dispute resolution entity determines the physician's fee is
reasonable, payment for the dispute resolution process shall be the
responsibility of the patient unless payment for the dispute resolution
process would pose a hardship to the patient. The superintendent shall
promulgate a regulation to determine payment for the dispute resolution
process in cases of hardship. When the independent dispute resolution
entity determines the physician's fee is unreasonable, payment for the
dispute resolution process shall be the responsibility of the physician.
§ 5. Paragraph 3 of subsection (a) of section 605 of the financial
services law, as amended by section 5 of subpart A of part AA of chapter
57 of the laws of 2022, is amended to read as follows:
(3) The independent dispute resolution entity shall make a determi-
nation within [thirty] FORTY-FIVE business days of receipt of ALL INFOR-
MATION THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THAT IT
NEEDS TO REVIEW the dispute [for review].
§ 6. Paragraph 5 of subsection (a) of section 607 of the financial
services law, as amended by section 8 of subpart A of part AA of chapter
57 of the laws of 2022, is amended to read as follows:
(5) The independent dispute resolution entity shall make a determi-
nation within [thirty] FORTY-FIVE business days of receipt of ALL INFOR-
MATION THE INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THAT IT
NEEDS TO REVIEW the dispute [for review].
§ 7. This act shall take effect immediately and shall apply to
disputes submitted on or after such effective date; provided, however,
that sections two, three, four, five and six of this act shall take
effect on the ninetieth day after it shall have become a law and shall
apply to disputes submitted on or after such effective date.
S. 9005--A 66 A. 10005--A
PART U
Section 1. Paragraph (d) of subdivision 8 of section 94 of the execu-
tive law, as added by section 2 of part QQ of chapter 56 of the laws of
2022, is amended and a new paragraph (d-1) is added to read as follows:
(d) The commission shall develop and administer training courses for
lobbyists and clients of lobbyists AND ADOPT REGULATIONS AND PROCEDURES
RELATED TO SUCH TRAINING COURSES INCLUDING, BUT NOT LIMITED TO, ESTAB-
LISHING DEADLINES FOR TRAINING COURSE COMPLETION.
(D-1) THE COMMISSION MAY IMPOSE A FEE UPON LOBBYISTS AND CLIENTS OF
LOBBYISTS FOR LATE COMPLETION OF THE TRAINING COURSE REQUIRED BY THIS
SUBDIVISION, AS SET FORTH IN SECTION ONE-D OF THE LEGISLATIVE LAW.
§ 2. Subdivision (h) of section 1-d of the legislative law, as added
by section 7 of part A of chapter 399 of the laws of 2011, is amended
and a new subdivision (i) is added to read as follows:
(h) provide an online ethics training course for [individuals regis-
tered as] lobbyists AND CLIENTS LISTED ON A STATEMENT OF REGISTRATION
SUBMITTED pursuant to section one-e of this article. The curriculum for
the course shall include, but not be limited to, explanations and
discussions of the statutes and regulations of New York concerning
ethics in the public officers law, the election law, the legislative
law, summaries of advisory opinions, underlying purposes and principles
of the relevant laws, and examples of practical application of these
laws and principles. The commission shall prepare those methods and
materials necessary to implement the curriculum. [Each individual
registered as a] THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-SIX, EACH
lobbyist [pursuant to section one-e of this article] AND CLIENT shall
complete such training course at least once in any three-year period
during which [he or she is registered as a] THE lobbyist OR CLIENT IS
LISTED ON A STATEMENT OF REGISTRATION SUBMITTED PURSUANT TO SECTION
ONE-E OF THIS ARTICLE IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE
COMMISSION. COMMENCING WITH THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND
TWENTY-EIGHT BIENNIAL PERIOD AND THEREAFTER, EACH LOBBYIST AND CLIENT
SHALL COMPLETE SUCH TRAINING COURSE AT LEAST ONCE IN EACH BIENNIAL PERI-
OD AND AT LEAST ONCE EVERY TWO YEARS DURING WHICH THE LOBBYIST OR CLIENT
IS LISTED ON A STATEMENT OF REGISTRATION SUBMITTED PURSUANT TO SECTION
ONE-E OF THIS ARTICLE, IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE
COMMISSION.
(I) IMPOSE A FEE FOR FAILURE TO COMPLETE THE ONLINE ETHICS TRAINING
COURSE IN A TIMELY MANNER AS REQUIRED BY THIS SECTION, NOT TO EXCEED
TWENTY-FIVE DOLLARS FOR EACH DAY THAT THE LOBBYIST OR CLIENT IS LATE, IN
ACCORDANCE WITH PROCEDURES ADOPTED BY THE COMMISSION.
§ 3. This act shall take effect immediately.
PART V
Section 1. Section 73-a of the public officers law, as amended by
section 5 of part A of chapter 399 of the laws of 2011, paragraphs (c),
(d) and (d-1) of subdivision 1 as amended by section 5, paragraph (e-1)
as added by section 6, subdivision 2 as amended by section 7, subdivi-
sion 3 as amended by section 18, subparagraphs (b), (b-2), and (c) of
paragraph 8 of subdivision 3 as separately amended by section 8, and
subdivisions 4 and 7 as amended by section 9 of part QQ of chapter 56 of
the laws of 2022, paragraph (l) of subdivision 1 as amended by chapter
643 of the laws of 2023, and paragraph 16-a of subdivision 3 as added by
chapter 591 of the laws of 2023, subdivision 6 as added by section 5 of
S. 9005--A 67 A. 10005--A
part A of chapter 399 of the laws of 2011, is amended to read as
follows:
§ 73-a. Financial disclosure. 1. As used in this section, TERMS SHALL
HAVE THE SAME MEANINGS AS DEFINED IN SECTION SEVENTY-THREE OF THIS ARTI-
CLE EXCEPT:
(a) [The term "statewide elected official" shall mean the governor,
lieutenant governor, comptroller, or attorney general.
(b) The term "state agency" shall mean any state department, or divi-
sion, board, commission, or bureau of any state department, any public
benefit corporation, public authority or commission at least one of
whose members is appointed by the governor, or the state university of
New York or the city university of New York, including all their
constituent units except community colleges of the state university of
New York and the independent institutions operating statutory or
contract colleges on behalf of the state.
(c)] The term "state officer or employee" shall mean:
(i) heads of state departments and their deputies and assistants;
(ii) officers and employees of statewide elected officials, officers
and employees of state departments, boards, bureaus, divisions, commis-
sions, councils or other state agencies, who receive annual compensation
in excess of the filing rate established by paragraph (l) of this subdi-
vision or who hold policy-making positions, as annually determined by
the appointing authority and set forth in a written instrument which
shall be filed with the commission on ethics and lobbying in government
established by section ninety-four of the executive law during the month
of February, provided, however, that the appointing authority shall
amend such written instrument after such date within thirty days after
the undertaking of policy-making responsibilities by a new employee or
any other employee whose name did not appear on the most recent written
instrument; and
(iii) members or directors of public authorities, other than multi-
state authorities, public benefit corporations and commissions at least
one of whose members is appointed by the governor, and employees of such
authorities, corporations and commissions who receive annual compen-
sation in excess of the filing rate established by paragraph (l) of this
subdivision or who hold policy-making positions, as determined annually
by the appointing authority and set forth in a written instrument which
shall be filed with the commission on ethics and lobbying in government
established by section ninety-four of the executive law during the month
of February, provided, however, that the appointing authority shall
amend such written instrument after such date within thirty days after
the undertaking of policy-making responsibilities by a new employee or
any other employee whose name did not appear on the most recent written
instrument.
[(d)] (B) The term "legislative employee" shall mean any officer or
employee of the legislature who receives annual compensation in excess
of the filing rate established by paragraph (l) below or who is deter-
mined to hold a policy-making position by the appointing authority as
set forth in a written instrument which shall be filed with the legisla-
tive ethics commission and the commission on ethics and lobbying in
government.
[(d-1)] (C) THE TERM "RELATIVE" SHALL MEAN SUCH INDIVIDUAL'S SPOUSE,
CHILD, STEPCHILD, STEPPARENT, OR ANY PERSON WHO IS A DIRECT DESCENDANT
OF THE GRANDPARENTS OF THE REPORTING INDIVIDUAL OR OF THE REPORTING
INDIVIDUAL'S SPOUSE.
1-A. IN ADDITION, AS USED IN THIS SECTION:
S. 9005--A 68 A. 10005--A
(A) A financial disclosure statement required pursuant to section
seventy-three of this article and this section shall be deemed "filed"
with the commission on ethics and lobbying in government upon its
filing, in accordance with this section, with the legislative ethics
commission for all purposes including, but not limited to, section nine-
ty-four of the executive law, subdivision nine of section eighty of the
legislative law and subdivision four of this section.
[(e)] (B) The term "spouse" shall [mean] NOT INCLUDE the [husband or
wife] SPOUSE of the reporting individual [unless] IF THE SPOUSE IS
living separate and apart from the reporting individual with the inten-
tion of terminating the marriage or providing for permanent separation
or unless separated pursuant to: (i) a judicial order, decree or judg-
ment, or (ii) a legally binding separation agreement.
[(e-1) The term "domestic partner" shall mean a person who, with
respect to another person, is formally a party in a domestic partnership
or similar relationship with the other person, entered into pursuant to
the laws of the United States or any state, local or foreign jurisdic-
tion, or registered as the domestic partner of the other person with any
registry maintained by the employer of either party or any state, muni-
cipality, or foreign jurisdiction.
(f) The term "relative" shall mean such individual's spouse, child,
stepchild, stepparent, or any person who is a direct descendant of the
grandparents of the reporting individual or of the reporting individ-
ual's spouse.
(g)] (C) The term "unemancipated child" shall mean any [son, daughter,
stepson or stepdaughter] CHILD OR STEPCHILD who is under age eighteen,
unmarried and living in the household of the reporting individual.
[(h) The term "political party chairman" shall have the same meaning
as ascribed to such term by subdivision one of section seventy-three of
this article.
(i)] (D) The term "local agency" shall mean:
(i) any county, city, town, village, school district or district
corporation, or any agency, department, division, board, commission or
bureau thereof; and
(ii) any public benefit corporation or public authority not included
in the definition of a state agency.
[(j) The term "regulatory agency" shall have the same meaning as
ascribed to such term by subdivision one of section seventy-three of
this article.
(k) The term "ministerial matter" shall have the same meaning as
ascribed to such term by subdivision one of section seventy-three of
this article.
(l)] (E) The term "filing rate" shall mean the higher of the job rates
of SG-24 as set forth in paragraph a or c of subdivision one of section
one hundred thirty of the civil service law as of April first of the
year in which an annual financial disclosure statement shall be filed.
[(m)] (F) The term "lobbyist" shall have the same meaning as ascribed
to such term in subdivision (a) of section one-c of the legislative law.
2. (a) Every statewide elected official, state officer or employee,
member of the legislature, legislative employee and political party
chair and every candidate for statewide elected office or for member of
the legislature shall file an annual statement of financial disclosure
containing the information and in the form set forth in subdivision
three of this section. On or before the fifteenth day of May with
respect to the preceding calendar year: (1) every member of the legisla-
ture, every candidate for member of the legislature and legislative
S. 9005--A 69 A. 10005--A
employee shall file such statement with the legislative ethics commis-
sion which shall provide such statement along with any requests for
exemptions or deletions to the commission on ethics and lobbying in
government for filing and rulings with respect to such requests for
exemptions or deletions, on or before the thirtieth day of June; and (2)
all other individuals required to file such statement shall file it with
the commission on ethics and lobbying in government, except that:
(i) a person who is subject to the reporting requirements of this
subdivision and who timely filed with the internal revenue service an
application for automatic extension of time in which to file [his or
her] SUCH INDIVIDUAL'S individual income tax return for the immediately
preceding calendar or fiscal year shall be required to file such finan-
cial disclosure statement on or before May fifteenth but may, without
being subjected to any civil penalty on account of a deficient state-
ment, indicate with respect to any item of the disclosure statement that
information with respect thereto is lacking but will be supplied in a
supplementary statement of financial disclosure, which shall be filed on
or before the seventh day after the expiration of the period of such
automatic extension of time within which to file such individual income
tax return, provided that failure to file or to timely file such supple-
mentary statement of financial disclosure or the filing of an incomplete
or deficient supplementary statement of financial disclosure shall be
subject to the notice and penalty provisions of this section respecting
annual statements of financial disclosure as if such supplementary
statement were an annual statement;
(ii) a person who is required to file an annual financial disclosure
statement with the commission on ethics and lobbying in government, and
who is granted an additional period of time within which to file such
statement due to justifiable cause or undue hardship, in accordance with
required rules and regulations adopted pursuant to section ninety-four
of the executive law shall file such statement within the additional
period of time granted; and the legislative ethics commission shall
notify the commission on ethics and lobbying in government of any exten-
sion granted pursuant to this paragraph;
(iii) candidates for statewide office who receive a party designation
for nomination by a state committee pursuant to section 6-104 of the
election law shall file such statement within ten days after the date of
the meeting at which they are so designated;
(iv) candidates for statewide office who receive twenty-five percent
or more of the vote cast at the meeting of the state committee held
pursuant to section 6-104 of the election law and who demand to have
their names placed on the primary ballot and who do not withdraw within
fourteen days after such meeting shall file such statement within ten
days after the last day to withdraw their names in accordance with the
provisions of such section of the election law;
(v) candidates for statewide office and candidates for member of the
legislature who file party designating petitions for nomination at a
primary election shall file such statement within ten days after the
last day allowed by law for the filing of party designating petitions
naming them as candidates for the next succeeding primary election;
(vi) candidates for independent nomination who have not been desig-
nated by a party to receive a nomination shall file such statement with-
in ten days after the last day allowed by law for the filing of inde-
pendent nominating petitions naming them as candidates in the next
succeeding general or special election;
S. 9005--A 70 A. 10005--A
(vii) candidates who receive the nomination of a party for a special
election shall file such statement within ten days after the date of the
meeting of the party committee at which they are nominated;
(viii) a candidate substituted for another candidate, who fills a
vacancy in a party designation or in an independent nomination, caused
by declination, shall file such statement within ten days after the last
day allowed by law to file a certificate to fill a vacancy in such party
designation or independent nomination;
(ix) with respect to all candidates for member of the legislature, the
legislative ethics commission shall within five days of receipt provide
the commission on ethics and lobbying in government the statement filed
pursuant to subparagraphs (v), (vi), (vii) and (viii) of this paragraph.
(b) As used in this subdivision, the terms "party", "committee" (when
used in conjunction with the term "party"), "designation", "primary",
"primary election", "nomination", "independent nomination" and "ballot"
shall have the same meanings as those contained in section 1-104 of the
election law.
(c) If the reporting individual is a senator or member of assembly,
candidate for the senate or member of assembly or a legislative employ-
ee, such statement shall be filed with both the legislative ethics
commission established by section eighty of the legislative law and the
commission on ethics and lobbying in government in accordance with para-
graph (d-1) of subdivision one of this section. If the reporting indi-
vidual is a statewide elected official, candidate for statewide elected
office, a state officer or employee or a political party chair, such
statement shall be filed with the commission on ethics and lobbying in
government established by section ninety-four of the executive law.
(d) The commission on ethics and lobbying in government shall obtain
from the state board of elections a list of all candidates for statewide
office and for member of the legislature, and from such list, shall
determine and publish a list of those candidates who have not, within
ten days after the required date for filing such statement, filed the
statement required by this subdivision.
(e) Any person required to file such statement who commences employ-
ment after May fifteenth of any year and political party chair shall
file such statement within thirty days after commencing employment or of
taking the position of political party chair, as the case may be. In the
case of members of the legislature and legislative employees, such
statements shall be filed with the legislative ethics commission within
thirty days after commencing employment, and the legislative ethics
commission shall provide such statements to the commission on ethics and
lobbying in government within forty-five days of receipt.
(f) A person who may otherwise be required to file more than one annu-
al financial disclosure statement with both the commission on ethics and
lobbying in government and the legislative ethics commission in any one
calendar year may satisfy such requirement by filing one such statement
with either body and by notifying the other body of such compliance.
(g) A person who is employed in more than one employment capacity for
one or more employers certain of whose officers and employees are
subject to filing a financial disclosure statement with the same ethics
commission, as the case may be, and who receives distinctly separate
payments of compensation for such employment shall be subject to the
filing requirements of this section if the aggregate annual compensation
for all such employment capacities is in excess of the filing rate
notwithstanding that such person would not otherwise be required to file
with respect to any one particular employment capacity. A person not
S. 9005--A 71 A. 10005--A
otherwise required to file a financial disclosure statement hereunder
who is employed by an employer certain of whose officers or employees
are subject to filing a financial disclosure statement with the commis-
sion on ethics and lobbying in government and who is also employed by an
employer certain of whose officers or employees are subject to filing a
financial disclosure statement with the legislative ethics commission
shall not be subject to filing such statement with either such commis-
sion on the basis that [his] SUCH PERSON'S aggregate annual compensation
from all such employers is in excess of the filing rate.
(h) A statewide elected official or member of the legislature, who is
simultaneously a candidate for statewide elected office or member of the
legislature, shall satisfy the filing deadline requirements of this
subdivision by complying only with the deadline applicable to one who
holds a statewide elected office or who holds the office of member of
the legislature.
(i) A candidate whose name will appear on both a party designating
petition and on an independent nominating petition for the same office
or who will be listed on the election ballot for the same office more
than once shall satisfy the filing deadline requirements of this subdi-
vision by complying with the earliest applicable deadline only.
(j) A member of the legislature who is elected to such office at a
special election prior to May fifteenth in any year shall satisfy the
filing requirements of this subdivision in such year by complying with
the earliest applicable deadline only.
(k) The commission on ethics and lobbying in government shall post for
at least five years beginning for filings made on January first, two
thousand thirteen the annual statement of financial disclosure and any
amendments filed by each person subject to the reporting requirements of
this subdivision who is an elected official on its website for public
review within thirty days of its receipt of such statement or within ten
days of its receipt of such amendment that reflects any corrections of
deficiencies identified by the commission or by the reporting individual
after the reporting individual's initial filing. Except upon an individ-
ual determination by the commission that certain information may be
[deleted] REDACTED from a reporting individual's annual statement of
financial disclosure, none of the information in the statement posted on
the commission's website shall be otherwise [deleted] REDACTED.
3. The annual statement of financial disclosure shall contain the
information and shall be in the form set forth hereinbelow:
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (For calendar year ________)
1. Name ______________________________________________________________
2. (a) Title of Position _____________________________________________
(b) Department, Agency or other Governmental Entity _______________
(c) Address of Present Office _____________________________________
(d) Office Telephone Number _______________________________________
3. (a) Marital Status ______________. If married, please give spouse's
full name.
__________________________________________________________________.
(b) Full name of domestic partner (if applicable).
_________________________________________________________________ .
(c) List the names of all unemancipated children.
S. 9005--A 72 A. 10005--A
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Answer each of the following questions completely, with respect to
calendar year _________, unless another period or date is otherwise
specified. If additional space is needed, attach additional pages.
Whenever a "value" or "amount" is required to be reported herein, such
value or amount [shall] MAY be reported as being within [one of the
following Categories in Table I or Table II of this subdivision as
called for in the question: A reporting individual shall indicate the
Category by letter only] THE LETTER CATEGORY AS INDICATED IN THE CATE-
GORICAL TABLE OF VALUES AT THE END OF THIS FORM.
Whenever "income" is required to be reported herein, the term "income"
shall mean the aggregate net income before taxes from the source identi-
fied.
The term "calendar year" shall mean the year ending the December 31st
preceding the date of filing of the annual statement.
4. [(a)] List any [office, trusteeship, directorship, partnership, or]
position of any nature, INCLUDING BUT NOT LIMITED TO ANY OFFICE,
TRUSTEESHIP, DIRECTORSHIP OR PARTNERSHIP, whether compensated or
not, YOU, YOUR SPOUSE, DOMESTIC PARTNER, OR UNEMANCIPATED CHILD held
[by the reporting individual] with any [firm, corporation, associ-
ation, partnership, or other] organization other than the State of
New York. Include POSITIONS HELD FOR ONLY A PORTION OF THE YEAR AND
compensated honorary positions[; do]. DO NOT list GENERAL membership
IN AN ORGANIZATION, POSITIONS WITH POLITICAL PARTIES, TRUSTEESHIPS
FOR A FAMILY MEMBER, or uncompensated honorary positions. If the
listed entity was licensed OR REGULATED by any state or local agen-
cy[, was regulated by any state regulatory agency or local agency,]
or, as a regular and significant part of the business or activity of
said entity, did business with, or had matters other than ministeri-
al matters before, any state or local agency, list the name of any
such agency.
State or
SELF, SPOUSE, DOMESTIC PARTNER, OR CHILD Position
Organization Local Agency
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
[(b) List any office, trusteeship, directorship, partnership, or posi-
tion of any nature, whether compensated or not, held by the spouse,
domestic partner or unemancipated child of the reporting individual,
with any firm, corporation, association, partnership, or other
organization other than the State of New York. Include compensated
honorary positions; do NOT list membership or uncompensated honorary
positions. If the listed entity was licensed by any state or local
S. 9005--A 73 A. 10005--A
agency, was regulated by any state regulatory agency or local agen-
cy, or, as a regular and significant part of the business or activ-
ity of said entity, did business with, or had matters other than
ministerial matters before, any state or local agency, list the name
of any such agency.
State or
Position Organization Local Agency
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
__________________________________________________________________ ]
5. [(a)] List the name, address and description of any occupation,
employment (other than the employment listed under [Item] QUESTION 2
above), trade, business or profession YOU, YOUR SPOUSE, DOMESTIC
PARTNER, OR UNEMANCIPATED CHILD engaged in [by the reporting indi-
vidual]. If such activity was licensed OR REGULATED by any state or
local agency[, was regulated by any state regulatory agency or local
agency,] or, as a regular and significant part of the business or
activity of said entity, did business with, or had matters other
than ministerial matters before, any state or local agency, list the
name of any such agency.
SELF,
SPOUSE,
DOMESTIC
PARTNER, Name & Address State or
OR CHILD Position of Organization Description Local Agency
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
[(b) If the spouse, domestic partner or unemancipated child of the
reporting individual was engaged in any occupation, employment,
trade, business or profession which activity was licensed by any
state or local agency, was regulated by any state regulatory agency
or local agency, or, as a regular and significant part of the busi-
ness or activity of said entity, did business with, or had matters
other than ministerial matters before, any state or local agency,
list the name, address and description of such occupation, employ-
ment, trade, business or profession and the name of any such agency.
State or
Name & Address Local
Position of Organization Description Agency
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
S. 9005--A 74 A. 10005--A
____________________________________________________________________
__________________________________________________________________ ]
6. List any [interest] OWNERSHIP, RIGHT, CLAIM OR LEGAL SHARE, in
EXCESS of [$1,000] $2,000, held by [the reporting individual, such
individual's] YOU, YOUR spouse, domestic partner or unemancipated
child, [or partnership of which any such person is a member, or
corporation, 10% or more of the stock of which is owned or
controlled by any such person,] whether vested or contingent, in any
contract made or executed by a state or local agency, INCLUDING ANY
INTEREST IN SUCH A CONTRACT IN EXCESS OF $2,000 HELD BY A PARTNER-
SHIP OF WHICH ANY SUCH PERSON IS A MEMBER, OR CORPORATION, 10% OR
MORE OF THE STOCK OF WHICH IS OWNED OR CONTROLLED BY ANY SUCH
PERSON, and include the name of the entity which holds such interest
and the relationship of [the reporting individual or such individ-
ual's] YOU, YOUR spouse, domestic partner or such child to such
entity and the interest in such contract. Do NOT include ANY INTER-
ESTS IN (A) bonds and notes[. Do NOT list any interest in], (B) any
such contract on which final payment has been made and all obli-
gations under the contract except for guarantees and warranties have
been performed, [provided, however, that such an interest must be
listed if] UNLESS there has been an ongoing dispute during the
calendar year for which this statement is filed with respect to any
such guarantees or warranties[. Do NOT list any interest in], OR (C)
a contract made or executed by a local agency after public notice
and pursuant to a process for competitive bidding or a process for
competitive requests for proposals.
Self, Entity Relationship Contracting Category
Spouse, Which Held to Entity State or of
Domestic Interest in and Interest Local Value of
Partner or Contract in Contract Agency Contract
Child
[(In Table II)]
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
7. List any position [the reporting individual] YOU held as an officer
of any political party or political organization, as a member of any
political party committee, or as a political party district leader.
The term "party" shall have the same meaning as "party" in the
election law. The term "political organization" means any party or
independent body as defined in the election law or any organization
that is affiliated with or a subsidiary of a party or independent
body.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
S. 9005--A 75 A. 10005--A
8. (a) If [the reporting individual practices] YOU PRACTICE law, [is]
ARE licensed by the department of state as a real estate broker or agent
or [practices] PRACTICE a profession licensed by the department of
education, or [works as] ARE a member or employee of a firm required to
register pursuant to section one-e of the legislative law as a lobbyist,
describe the services rendered for which compensation was paid including
a general description of the principal subject areas of matters [under-
taken by such individual] YOU UNDERTOOK and principal duties YOU
performed. Specifically state whether [the reporting individual
provides] YOU PROVIDE services directly to clients. IF YOU ARE A
LICENSED PROFESSIONAL BUT DID NOT ENGAGE IN THE PRACTICE OF SUCH PROFES-
SION IN THE PRIOR CALENDAR YEAR OUTSIDE OF YOUR STATE EMPLOYMENT, REPORT
THE LICENSE AND STATE THAT YOU DID NOT ENGAGE IN SUCH PRACTICE. Addi-
tionally, if [such an individual practices] YOU PRACTICE with a firm or
corporation and [is] ARE a partner or shareholder of the firm or corpo-
ration, give a general description of principal subject areas of matters
undertaken by such firm or corporation.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) [APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW MATTERS FOR EXISTING
CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON
OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN:
If the reporting individual personally provides services to any person
or entity, or works as a member or employee of a partnership or corpo-
ration that provides such services (referred to hereinafter as a
"firm"), then identify each client or customer to whom the reporting
individual personally provided services, or who was referred to the firm
by the reporting individual, and from whom the reporting individual or
his or her firm earned fees in excess of $10,000 during the reporting
period for such services rendered in direct connection with:
(i) A contract in an amount totaling $50,000 or more from the state or
any state agency for services, materials, or property;
(ii) A grant of $25,000 or more from the state or any state agency
during the reporting period;
(iii) A grant obtained through a legislative initiative during the
reporting period; or
(iv) A case, proceeding, application or other matter that is not a
ministerial matter before a state agency during the reporting period.
For purposes of this question, "referred to the firm" shall mean:
having intentionally and knowingly taken a specific act or series of
acts to intentionally procure for the reporting individual's firm or
knowingly solicit or direct to the reporting individual's firm in whole
or substantial part, a person or entity that becomes a client of that
firm for the purposes of representation for a matter as defined in
subparagraphs (i) through (iv) of this paragraph, as the result of such
procurement, solicitation or direction of the reporting individual. A
reporting individual need not disclose activities performed while
S. 9005--A 76 A. 10005--A
lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
sion seven of section seventy-three of this article.
The disclosure requirement in this question shall not require disclo-
sure of clients or customers receiving medical or dental services,
mental health services, residential real estate brokering services, or
insurance brokering services from the reporting individual or his or her
firm. The reporting individual need not identify any client to whom he
or she or his or her firm provided legal representation with respect to
investigation or prosecution by law enforcement authorities, bankruptcy,
or domestic relations matters. With respect to clients represented in
other matters, where disclosure of a client's identity is likely to
cause harm, the reporting individual shall request an exemption from the
commission on ethics and lobbying in government pursuant to section
ninety-four of the executive law, provided, however, that a reporting
individual who first enters public office after July first, two thousand
twelve, need not report clients or customers with respect to matters for
which the reporting individual or his or her firm was retained prior to
entering public office.
Client Nature of Services Provided
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(b-1) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN
CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):]
(I) If [the reporting individual receives] YOU RECEIVE income from A
PROFESSION, OCCUPATION OR employment reportable in question 8(a) and
personally [provides] PROVIDE services to any person or entity, or
[works as] ARE a member or employee of a partnership or corporation that
provides such services (referred to hereinafter as a "firm"), [the
reporting individual shall] identify each client or customer to whom
[the reporting individual] YOU personally provided services, or [who
was] WHOM YOU referred to the firm [by the reporting individual], and
from whom [the reporting individual] YOU or [his or her] YOUR firm
earned fees in excess of $10,000 during the reporting period [in direct
connection with:
(i) A contract in an amount totaling $10,000 or more from the state or
any state agency for services, materials, or property;
(ii) A grant of $10,000 or more from the state or any state agency
during the reporting period;
(iii) A grant obtained through a legislative initiative during the
reporting period; or
(iv) A case, proceeding, application or other matter that is not a
ministerial matter before a state agency during the reporting period].
For such services YOU rendered [by the reporting individual] directly
to each such client, describe each matter that was the subject of such
representation, the services actually provided, WHETHER SUCH CLIENT WAS
REFERRED TO YOU BY AN INDIVIDUAL YOU KNEW AT THE TIME TO BE A REGISTERED
LOBBYIST, and the payment received. For payments received from clients
YOU referred to the firm [by the reporting individual], if [the report-
S. 9005--A 77 A. 10005--A
ing individual] YOU directly received a referral fee or fees for such
referral, identify the client and the payment so received.
For purposes of this question, "referred to the firm" shall mean:
having intentionally and knowingly taken a specific act or series of
acts to intentionally procure for the [reporting individual's] firm or
having knowingly solicited or directed to the [reporting individual's]
firm in whole or substantial part, a person or entity that becomes a
client of that firm for the purposes of representation for a matter as
defined in clauses (i) through (iv) of this subparagraph, as the result
of such procurement, solicitation or direction [of the reporting indi-
vidual]. [A reporting individual need] DO not disclose activities
performed while lawfully acting in [his or her] YOUR capacity as
provided in paragraphs (c), (d), (e) and (f) of subdivision seven of
section seventy-three of this article.
Client MatterNature of Services Provided Category REFERRED BY
of Amount LOBBYIST
[(in Table I)]
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
[(b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
SAND FIFTEEN (FOR PURPOSES OF THIS QUESTION, "SERVICES" SHALL MEAN
CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
(i) With respect to reporting individuals who receive ten thousand
dollars or more from employment or activity reportable under question
8(a), for each client or customer NOT otherwise disclosed or exempted in
question 8 or 13, disclose the name of each client or customer known to
the reporting individual to whom the reporting individual provided
services: (A) who paid the reporting individual in excess of five thou-
sand dollars for such services; or (B) who had been billed with the
knowledge of the reporting individual in excess of five thousand dollars
by the firm or other entity named in question 8(a) for the reporting
individual's services.
Client Services Category of Amount
Actually Provided (in Table I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________]
FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
* REVIEWED DOCUMENTS AND CORRESPONDENCE;
* REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
* PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
* CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS
OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
S. 9005--A 78 A. 10005--A
* PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY
NAME);
* REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
REPRESENTATION OR CONSULTATION;
* COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
* PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
* COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
(ii) [With respect to reporting individuals who] IF YOU disclosed in
question 8(a) that [the reporting individual] YOU did not provide
services to a client but provided services to a firm or business, iden-
tify the category of amount received for providing such services and
describe the services rendered.
Services Actually Provided Category of Amount [(Table I)]
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
[A reporting individual need] DO not disclose activities performed
while lawfully acting in [his or her] YOUR capacity as provided in para-
graphs (c), (d), (e) and (f) of subdivision seven of section seventy-
three of this article. The disclosure requirement in [questions (b-1)
and (b-2)] QUESTION (B) shall not require disclosing clients or custom-
ers receiving medical, pharmaceutical or dental services, mental health
services, or residential real estate brokering services from [the
reporting individual] YOU or [his or her] YOUR firm or if federal law
prohibits or limits disclosure. [The reporting individual need] DO not
identify any client to whom [he or she] YOU or [his or her] YOUR firm
provided legal representation with respect to investigation or prose-
cution by law enforcement authorities, bankruptcy, family court, estate
planning, or domestic relations matters, nor [shall the reporting indi-
vidual identify] individuals represented pursuant to an insurance policy
but [the reporting individual shall] in such circumstances only report
the entity that provides compensation to [the reporting individual] YOU;
with respect to matters in which the client's name is required by law to
be kept confidential (such as matters governed by the family court act)
or in matters in which [the reporting individual represents] YOU REPRE-
SENT or [provides] PROVIDE services to minors, the client's name may be
replaced with initials. To the extent that [the reporting individual,]
YOU or [his or her] YOUR firm[,] provided legal representation with
respect to an initial public offering, and professional disciplinary
rules, federal law or regulations restrict the disclosure of information
relating to such work, [the reporting individual shall] (i) disclose the
identity of the client and the services provided relating to the initial
public offering to the office of court administration, who will maintain
such information confidentially in a locked box; and (ii) include in
[his or her] YOUR response to [questions (b-1) and (b-2)] QUESTION (B)
that pursuant to this paragraph, a disclosure to the office of court
administration has been made. Upon such time that the disclosure of
information maintained in the locked box is no longer restricted by
professional disciplinary rules, federal law or regulation, [the report-
ing individual] YOU shall disclose such information in an amended
disclosure statement in response to the disclosure requirements in
[questions (b-1) and (b-2)] QUESTION (B). The office of court adminis-
tration shall develop and maintain a secure portal through which infor-
mation submitted to it pursuant to this paragraph can be safely and
confidentially stored. With respect to clients represented in other
S. 9005--A 79 A. 10005--A
matters not otherwise exempt, [the reporting individual] YOU may request
an exemption to publicly disclosing the name of that client from the
commission on ethics and lobbying in government pursuant to section
ninety-four of the executive law, or from the office of court adminis-
tration. In such application, [the reporting individual shall] state the
following: "My client is not currently receiving my services or seeking
my services in connection with:
(i) A proposed bill or resolution in the senate or assembly during the
reporting period;
(ii) A contract in an amount totaling $10,000 or more from the state
or any state agency for services, materials, or property;
(iii) A grant of $10,000 or more from the state or any state agency
during the reporting period;
(iv) A grant obtained through a legislative initiative during the
reporting period; or
(v) A case, proceeding, application or other matter that is not a
ministerial matter before a state agency during the reporting period."
In reviewing the request for an exemption, the commission on ethics
and lobbying in government or the office of court administration may
consult with bar or other professional associations and the legislative
ethics commission for individuals subject to its jurisdiction and may
consider the rules of professional conduct. In making its determination,
the commission on ethics and lobbying in government or the office of
court administration shall conduct its own inquiry and shall consider
factors including, but not limited to: (i) the nature and the size of
the client; (ii) whether the client has any business before the state;
and if so, how significant the business is; and whether the client has
any particularized interest in pending legislation and if so how signif-
icant the interest is; (iii) whether disclosure may reveal trade
secrets; (iv) whether disclosure could reasonably result in retaliation
against the client; (v) whether disclosure may cause undue harm to the
client; (vi) whether disclosure may result in undue harm to the attor-
ney-client relationship; and (vii) whether disclosure may result in an
unnecessary invasion of privacy to the client.
The commission on ethics and lobbying in government or, as the case
may be, the office of court administration shall promptly make a final
determination in response to such request, which shall include an expla-
nation for its determination. The office of court administration shall
issue its final determination within three days of receiving the
request. Notwithstanding any other provision of law or any professional
disciplinary rule to the contrary, the disclosure of the identity of any
client or customer in response to this question shall not constitute
professional misconduct or a ground for disciplinary action of any kind,
or form the basis for any civil or criminal cause of action or proceed-
ing. A reporting individual who first enters public office after January
first, two thousand sixteen, need not report clients or customers with
respect to matters for which the reporting individual or [his or her]
SUCH INDIVIDUAL'S firm was retained prior to entering public office.
(c) [APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR FOR
NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
SAND FIFTEEN:
If the reporting individual receives income of ten thousand dollars or
greater from any employment or activity reportable under question 8(a),
identify each registered lobbyist who has directly referred to such
S. 9005--A 80 A. 10005--A
individual a client who was successfully referred to the reporting indi-
vidual's business and from whom the reporting individual or firm
received a fee for services in excess of five thousand dollars. Report
only those referrals that were made to a reporting individual by direct
communication from a person known to such reporting individual to be a
registered lobbyist at the time the referral is made. With respect to
each such referral, the reporting individual shall identify the client,
the registered lobbyist who has made the referral, the category of value
of the compensation received and a general description of the type of
matter so referred. A reporting individual need not disclose activities
performed while lawfully acting pursuant to paragraphs (c), (d), (e) and
(f) of subdivision seven of section seventy-three of this article. The
disclosure requirements in this question shall not require disclosing
clients or customers receiving medical, pharmaceutical or dental
services, mental health services, or residential real estate brokering
services from the reporting individual or his or her firm or if federal
law prohibits or limits disclosure. The reporting individual need not
identify any client to whom he or she or his or her firm provided legal
representation with respect to investigation or prosecution by law
enforcement authorities, bankruptcy, family court, estate planning, or
domestic relations matters, nor shall the reporting individual identify
individuals represented pursuant to an insurance policy but the report-
ing individual shall in such circumstances only report the entity that
provides compensation to the reporting individual; with respect to
matters in which the client's name is required by law to be kept confi-
dential (such as matters governed by the family court act) or in matters
in which the reporting individual represents or provides services to
minors, the client's name may be replaced with initials. To the extent
that the reporting individual, or his or her firm, provided legal repre-
sentation with respect to an initial public offering, and federal law or
regulations restricts the disclosure of information relating to such
work, the reporting individual shall (i) disclose the identity of the
client and the services provided relating to the initial public offering
to the office of court administration, who will maintain such informa-
tion confidentially in a locked box; and (ii) include in his or her
response a statement that pursuant to this paragraph, a disclosure to
the office of court administration has been made. Upon such time that
the disclosure of information maintained in the locked box is no longer
restricted by federal law or regulation, the reporting individual shall
disclose such information in an amended disclosure statement in response
to the disclosure requirements of this paragraph. The office of court
administration shall develop and maintain a secure portal through which
information submitted to it pursuant to this paragraph can be safely and
confidentially stored. With respect to clients represented in other
matters not otherwise exempt, the reporting individual may request an
exemption to publicly disclosing the name of that client from the
commission on ethics and lobbying in government pursuant to section
ninety-four of the executive law, or from the office of court adminis-
tration. In such application, the reporting individual shall state the
following: "My client is not currently receiving my services or seeking
my services in connection with:
(i) A proposed bill or resolution in the senate or assembly during the
reporting period;
(ii) A contract in an amount totaling $10,000 or more from the state
or any state agency for services, materials, or property;
S. 9005--A 81 A. 10005--A
(iii) A grant of $10,000 or more from the state or any state agency
during the reporting period;
(iv) A grant obtained through a legislative initiative during the
reporting period; or
(v) A case, proceeding, application or other matter that is not a
ministerial matter before a state agency during the reporting period."
In reviewing the request for an exemption, the commission on ethics
and lobbying in government or the office of court administration may
consult with bar or other professional associations and the legislative
ethics commission for individuals subject to its jurisdiction and may
consider the rules of professional conduct. In making its determination,
the commission on ethics and lobbying in government or the office of
court administration shall conduct its own inquiry and shall consider
factors including, but not limited to: (i) the nature and the size of
the client; (ii) whether the client has any business before the state;
and if so, how significant the business is; and whether the client has
any particularized interest in pending legislation and if so how signif-
icant the interest is; (iii) whether disclosure may reveal trade
secrets; (iv) whether disclosure could reasonably result in retaliation
against the client; (v) whether disclosure may cause undue harm to the
client; (vi) whether disclosure may result in undue harm to the attor-
ney-client relationship; and (vii) whether disclosure may result in an
unnecessary invasion of privacy to the client.
The commission on ethics and lobbying in government or, as the case
may be, the office of court administration shall promptly make a final
determination in response to such request, which shall include an expla-
nation for its determination. The office of court administration shall
issue its final determination within three days of receiving the
request. Notwithstanding any other provision of law or any professional
disciplinary rule to the contrary, the disclosure of the identity of any
client or customer in response to this question shall not constitute
professional misconduct or a ground for disciplinary action of any kind,
or form the basis for any civil or criminal cause of action or proceed-
ing. A reporting individual who first enters public office after Decem-
ber thirty-first, two thousand fifteen, need not report clients or
customers with respect to matters for which the reporting individual or
his or her firm was retained prior to entering public office.
Client Name of Lobbyist Description Category of Amount
of Matter (in Table 1)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(d)] List the name, principal address and general description or the
nature of the business activity of any entity in which [the reporting
individual] YOU or [such individual's] YOUR spouse or domestic partner
had an investment in excess of [$1,000] $2,000 excluding investments in
securities and interests in real property.
9. List each source of gifts, EXCLUDING GIFTS FROM A RELATIVE,
REIMBURSEMENTS AS DEFINED IN QUESTION 10, AND campaign contributions, in
EXCESS of [$1,000] $2,000, received during the reporting period for
which this statement is filed by [the reporting individual] YOU or [such
individual's] YOUR spouse, domestic partner or unemancipated child from
the same donor[, EXCLUDING gifts from a relative]. INCLUDE the name and
S. 9005--A 82 A. 10005--A
address of the donor. [The term "gifts" does not include reimbursements,
which term is defined in item 10.] Indicate the value and nature of each
such gift.
Category
Self, of
Spouse, Name of Nature Value of
Domestic Donor Address of Gift Gift
Partner [(In Table I)]
or Child
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
10. Identify and briefly describe the source of any reimbursements for
expenditures, EXCLUDING campaign expenditures and REIMBURSEMENTS BY
THE STATE FOR expenditures in connection with official duties [reim-
bursed by the state], in EXCESS of [$1,000] $2,000 from each such
source. For purposes of this [item] QUESTION, the term "reimburse-
ments" shall mean any travel-related expenses provided by nongovern-
mental sources and for activities related to the reporting individ-
ual's official duties such as, speaking engagements, conferences, or
factfinding events. The term "reimbursements" does NOT include gifts
reported under [item] QUESTION 9.
Source Description
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
11. List the identity and value, if reasonably ascertainable, of each
interest in a RETIREMENT PLAN OR DEFERRED COMPENSATION PLAN ESTAB-
LISHED IN ACCORDANCE WITH THE INTERNAL REVENUE CODE (E.G., 401,
403(B), 457, ETC.), OR OTHER trust, estate or other beneficial
interest[, including retirement plans (other than retirement plans
of the state of New York or the city of New York), and deferred
compensation plans (e.g., 401, 403(b), 457, etc.) established in
accordance with the internal revenue code,] in which [the REPORTING
INDIVIDUAL] YOU held a beneficial interest in EXCESS of [$1,000]
$2,000 at any time during the preceding year. Do NOT report inter-
ests in (A) a RETIREMENT PLAN, DEFERRED COMPENSATION PLAN, trust,
estate or other beneficial interest established by or for[, or the
estate of,] a relative OR A RELATIVE'S ESTATE, (B) NEW YORK STATE OR
NEW YORK CITY DEFINED BENEFIT RETIREMENT PLANS, THE OPTIONAL RETIRE-
MENT PROGRAM OF THE STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVER-
SITY OF NEW YORK, (C) A 529 COLLEGE SAVINGS PLAN OR AN EDUCATION
IRA, OR (D) DEFERRED INCOME IN THE NATURE OF DELAYED COMPENSATION
REPORTABLE IN QUESTION 14, SUCH AS DEFERRED OR FUTURE INCOME FROM
THE PRACTICE OF A PROFESSION.
S. 9005--A 83 A. 10005--A
Category
Identity of Value*
[(In Table II)]
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
* The value of such interest shall be reported only if reasonably
ascertainable.
12. (a) Describe the terms of, and the parties to, any contract, prom-
ise, or other agreement between [the reporting individual] YOU and
any person, firm, or corporation with respect to [the] YOUR employ-
ment [of such individual] after leaving office or position (other
than a leave of absence).
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
(b) Describe the parties to and the terms of any agreement providing
for continuation of payments or benefits to [the REPORTING INDIVID-
UAL] YOU in EXCESS of [$1,000] $2,000 from a prior employer OTHER
THAN the State. (This includes interests in or contributions to a
pension fund, profit-sharing plan, or life or health insurance;
buy-out agreements; severance payments; etc.)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
13. List below the nature and amount of any income in EXCESS of [$1,000]
$2,000 from EACH SOURCE for [the reporting individual] YOU and [such
individual's] YOUR spouse or domestic partner for the taxable year
last occurring prior to the date of filing. Each such source must
be described with particularity. Nature of income includes, but is
not limited to, all income (other than that received from the
employment listed under [Item] QUESTION 2 above) from compensated
employment whether public or private, directorships and other fidu-
ciary positions, contractual arrangements, teaching income, partner-
ships, honorariums, lecture fees, consultant fees, bank and bond
interest, dividends, income derived from a trust, real estate rents,
and recognized gains from the sale or exchange of real or other
property. Income from a business or profession and real estate
rents shall be reported with the source identified by the building
address in the case of real estate rents and otherwise by the name
of the entity and not by the name of the individual customers,
clients or tenants, with the aggregate net income before taxes for
each building address or entity. The receipt of maintenance
S. 9005--A 84 A. 10005--A
received in connection with a matrimonial action, alimony and child
support payments shall not be listed.
Self/ Category
Spouse Source Nature of Amount
or Domestic [(In Table I)]
Partner
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
14. List the sources of any deferred income (not retirement income) in
EXCESS of [$1,000] $2,000 from each source to be paid to [the
reporting individual] YOU following the close of the calendar year
for which this disclosure statement is filed, other than deferred
compensation reported in [item] QUESTION 11 [hereinabove] ABOVE.
Deferred income derived from the practice of a profession shall be
listed in the aggregate and shall identify as the source, the name
of the firm, corporation, partnership or association through which
the income was derived, but shall not identify individual clients.
Category
Source of Amount
[(In Table I)]
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
15. List each assignment of income in EXCESS of [$1,000] $2,000, and
each transfer other than to a relative during the reporting period
for which this statement is filed for less than fair consideration
of an interest in a trust, estate or other beneficial interest,
securities or real property, by [the reporting individual] YOU, in
excess of [$1,000] $2,000, which would otherwise be required to be
reported herein and is not or has not been so reported.
Item Assigned Assigned or Category
or Transferred Transferred to of Value
[(In Table I)]
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
16. List below the type and market value of securities AND DIGITAL
ASSETS held by [the reporting individual] YOU or [such individual's]
YOUR spouse or domestic partner, INCLUDING SECURITIES AND DIGITAL
ASSETS HELD IN A RETIREMENT OR DEFERRED COMPENSATION ACCOUNT
S. 9005--A 85 A. 10005--A
REPORTED IN QUESTION 11, from each issuing entity in EXCESS of
[$1,000] $2,000 at the close of the taxable year last occurring
prior to the date of filing, including the name OR TICKER SYMBOL of
the issuing entity exclusive of securities held by [the reporting
individual] YOU issued by a professional corporation. Whenever an
interest in securities exists through a beneficial interest in a
trust, the securities held in such trust shall be listed ONLY IF
[the reporting individual has] YOU HAVE knowledge thereof except
where [the reporting individual] YOU or [the reporting individual's]
YOUR spouse or domestic partner has transferred assets to such trust
for [his or her] SUCH SPOUSE OR DOMESTIC PARTNER'S benefit in which
event such securities shall be listed unless they are not ascertain-
able by [the reporting individual] YOU because the trustee is under
an obligation or has been instructed in writing not to disclose the
contents of the trust to [the reporting individual] YOU. Securities
of which [the reporting individual] YOU or [the reporting individ-
ual's] YOUR spouse or domestic partner is the owner of record but in
which such [individual or the reporting individual's spouse or
domestic partner] OWNER has no beneficial interest shall not be
listed. Indicate percentage of ownership ONLY if [the reporting
person] YOU or [the reporting person's] YOUR spouse or domestic
partner holds more than [five percent (5%)] 5% of the TOTAL stock of
a corporation in which the stock is publicly traded or more than
[ten percent (10%)] 10% of the TOTAL stock of a corporation in which
the stock is NOT publicly traded. Also list securities owned for
investment purposes by a corporation more than [fifty percent (50%)]
50% of the stock of which is owned or controlled by [the reporting
individual] YOU or [such individual's] YOUR spouse or domestic part-
ner. For the purpose of this [item the term "securities"] QUESTION:
(A) "SECURITIES" shall mean mutual funds, bonds, mortgages, notes,
obligations, warrants and stocks of any class, investment interests
in limited or general partnerships and certificates of deposits
(CDs) and such other evidences of indebtedness and certificates of
interest as are usually referred to as securities. The market value
for such securities shall be reported only if reasonably ascertaina-
ble and shall not be reported if the security is an interest in a
general partnership that was listed in [item] QUESTION 8 (a) or if
the security is corporate stock, NOT publicly traded, in a trade or
business of a reporting individual or a reporting individual's
spouse or domestic partner.
(B) "DIGITAL ASSET" SHALL MEAN AN ASSET THAT IS ISSUED, TRANS-
FERRED, OR BOTH, USING DISTRIBUTED LEDGER OR BLOCKCHAIN TECHNOLOGY,
INCLUDING, BUT NOT LIMITED TO, DIGITAL CURRENCIES, DIGITAL COINS,
DIGITAL NON-FUNGIBLE TOKENS OR OTHER SIMILAR ASSETS.
(C) "DIGITAL CURRENCY" SHALL MEAN ANY TYPE OF DIGITAL UNIT THAT IS
USED AS A MEDIUM OF EXCHANGE OR A FORM OF DIGITALLY STORED VALUE.
VIRTUAL CURRENCY SHALL BE BROADLY CONSTRUED TO INCLUDE DIGITAL UNITS
OF EXCHANGE THAT: (I) HAVE A CENTRALIZED REPOSITORY OR ADMINISTRA-
TOR; (II) ARE DECENTRALIZED AND HAVE NO CENTRALIZED REPOSITORY OR
ADMINISTRATOR; OR (III) MAY BE CREATED OR OBTAINED BY COMPUTING,
MANUFACTURING, OR OTHER SIMILAR EFFORT.
(D) "DISTRIBUTED LEDGER OR BLOCKCHAIN TECHNOLOGY" SHALL MEAN A
LEDGER OR DATABASE THAT STORES SHARED STATE BY MAINTAINING IT ACROSS
A MULTIPLICITY OF DEVICES BELONGING TO DIFFERENT ENTITIES AND SECUR-
ING IT THROUGH A COMBINATION OF CRYPTOGRAPHIC AND CONSENSUS PROTO-
COLS, WHERE THE SHARED STATE SERVES TO AUTHENTICATE, RECORD, SHARE,
S. 9005--A 86 A. 10005--A
AND/OR SYNCHRONIZE TRANSACTIONS INVOLVING DIGITAL ASSETS OR VIRTUAL
CURRENCIES.
Percentage
of corporate
stock owned
or controlled Category of
(if more than Market Value
5% of pub- as of the close
licly traded of the
stock, or taxable year
more than last occurring
10% if stock prior to
Self/ Issuing Type of not publicly the filing of
Spouse Entity Security traded, is held) this statement
or [(In Table II)]
Domestic
Partner
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
[16-a. List below the name and market value of digital assets held by
the reporting individual or such individual's spouse or domestic partner
in EXCESS of $1,000 at the close of the taxable year last occurring
prior to the date of filing. Whenever an interest in digital assets
exists through a beneficial interest in a trust, the digital assets held
in such trust shall be listed ONLY IF the reporting individual has know-
ledge thereof except where the reporting individual or the reporting
individual's spouse or domestic partner has transferred assets to such
trust for his or her benefit in which event such digital assets shall be
listed unless they are not ascertainable by the reporting individual
because the trustee is under an obligation or has been instructed in
writing not to disclose the contents of the trust to the reporting indi-
vidual. The digital assets of which the reporting individual or the
reporting individual's spouse or domestic partner is the owner of record
but in which such individual or the reporting individual's spouse or
domestic partner has no beneficial interest shall not be listed. Also
list digital assets owned for investment purposes by a corporation more
than fifty percent (50%) of the stock of which is owned or controlled by
the reporting individual or such individual's spouse or domestic part-
ner. For purposes of this subdivision, the following terms shall have
the following meanings:
(a) "Digital asset" shall mean an asset that is issued, transferred,
or both, using distributed ledger or blockchain technology, including,
but not limited to, digital currencies, digital coins, digital non-fun-
gible tokens or other similar assets.
(b) "Digital currency" shall mean any type of digital unit that is
used as a medium of exchange or a form of digitally stored value. Virtu-
al currency shall be broadly construed to include digital units of
exchange that: (i) have a centralized repository or administrator; (ii)
are decentralized and have no centralized repository or administrator;
S. 9005--A 87 A. 10005--A
or (iii) may be created or obtained by computing, manufacturing, or
other similar effort.
(c) "Distributed ledger or blockchain technology" shall mean a ledger
or database that stores shared state by maintaining it across a multi-
plicity of devices belonging to different entities and securing it
through a combination of cryptographic and consensus protocols, where
the shared state serves to authenticate, record, share, and/or synchro-
nize transactions involving digital assets or virtual currencies.
Category of
Market Value
as of the close
of the taxable
year last
occurring
prior to
Self/ Type of the filing of
Spouse or Digital Asset this statement
Domestic (In Table II)
Partner
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________]
17. List below the location, size, general nature, acquisition date,
market value and percentage of ownership of any real property, OTHER
THAN YOUR OR YOUR SPOUSE'S OR DOMESTIC PARTNER'S PRIMARY OR SECOND-
ARY RESIDENCE IF THERE IS NO CO-OWNER OTHER THAN A RELATIVE OF SUCH
RESIDENCE, in which any vested or contingent interest in EXCESS of
[$1,000] $2,000 is held by [the reporting individual] YOU or [the
reporting individual's] YOUR spouse or domestic partner. Also list
real property owned for investment purposes by a corporation more
than [fifty percent (50%)] 50% of the stock of which is owned or
controlled by [the reporting individual] YOU or [such individual's]
YOUR spouse or domestic partner. [Do NOT list any real property
which is the primary or secondary personal residence of the report-
ing individual or the reporting individual's spouse or domestic
partner, except where there is a co-owner who is other than a rela-
tive.]
Self/ Percentage Category
Spouse/ General Acquisition of of Market
Domestic Nature Date Ownership Value
Partner [(In
Corporation Location Size Table II)]
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
18. List below all notes and accounts receivable, other than from goods
or services sold, held by [the reporting individual] YOU at the
close of the taxable year last occurring prior to the date of filing
S. 9005--A 88 A. 10005--A
and other debts owed to [such individual] YOU at the close of the
taxable year last occurring prior to the date of filing, in EXCESS
of [$1,000] $2,000, including the name of the debtor, type of obli-
gation, date due and the nature of the collateral securing payment
of each, if any, excluding securities reported in [item] QUESTION 16
[hereinabove] ABOVE. Debts, notes and accounts receivable owed to
[the individual] YOU by a relative shall not be reported.
Type of Obligation, Category
Date Due, and Nature of
Name of Debtor of Collateral, if any Amount
[(In Table II)]
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
19. List below all liabilities of [the reporting individual] YOU and
[such individual's] YOUR spouse or domestic partner, in EXCESS of
[$10,000] $20,000 as of the date of filing of this statement, other
than liabilities to a relative, STUDENT LOANS, MORTGAGES OR HOME
EQUITY LOANS ON PRIMARY OR SECONDARY RESIDENCES, CAR LOANS OR LOANS
FOR HOUSEHOLD FURNITURE AND APPLIANCES. Do NOT list liabilities
incurred by, or guarantees made by, [the reporting individual] YOU
or [such individual's] YOUR spouse or domestic partner or by any
proprietorship, partnership or corporation in which [the reporting
individual] YOU or [such individual's] YOUR spouse or domestic part-
ner has an interest, when incurred or made in the ordinary course of
the trade, business or professional practice [of the reporting indi-
vidual or such individual's spouse or domestic partner]. Include the
name of the creditor and any collateral pledged by such individual
to secure payment of any such liability. [A reporting individual
shall] DO not list any obligation to pay maintenance in connection
with a matrimonial action, alimony or child support payments. Any
loan issued in the ordinary course of business by a financial insti-
tution to finance educational costs, the cost of home purchase or
improvements for a primary or secondary residence, or purchase of a
personally owned motor vehicle, household furniture or appliances
shall be excluded. If any such reportable liability has been guaran-
teed by any third person, list the liability and name the guarantor.
Category
Name of Creditor Type of Liability of
or Guarantor and Collateral, if any Amount
[(In Table II)]
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
The requirements of law relating to the reporting of financial
interests are in the public interest and no adverse inference of
S. 9005--A 89 A. 10005--A
unethical or illegal conduct or behavior will be drawn merely from
compliance with these requirements.
___________________________________ _________________________
(Signature of Reporting Individual) Date (month/day/year)
TABLE [I] OF VALUES
Category A [none
Category B $ 1 to under $ 1,000
Category C $ 1,000] $ 2,000 to under $ 5,000
Category [D] B $ 5,000 to under $ 20,000
Category [E] C $ 20,000 to under $ 50,000
Category [F] D $ 50,000 to under $ 75,000
Category [G] E $ 75,000 to under $ 100,000
Category [H] F $ 100,000 to under $ 150,000
Category [I] G $ 150,000 to under $ 250,000
[Category J $ 250,000 to under $ 350,000
Category K $ 350,000 to under $ 450,000
Category L $ 450,000 to under $ 550,000
Category M $ 550,000 to under $ 650,000
Category N $ 650,000 to under $ 750,000
Category O $ 750,000 to under $ 850,000
Category P $ 850,000 to under $ 950,000
Category Q $ 950,000 to under $1,050,000
Category R $1,050,000 to under $1,150,000
Category S $1,150,000 to under $1,250,000
Category T $1,250,000 to under $1,350,000
Category U $1,350,000 to under $1,450,000
Category V $1,450,000 to under $1,550,000
Category W $1,550,000 to under $1,650,000
Category X $1,650,000 to under $1,750,000
Category Y $1,750,000 to under $1,850,000
Category Z $1,850,000 to under $1,950,000
Category AA $1,950,000 to under $2,050,000
Category BB $2,050,000 to under $2,150,000
Category CC $2,150,000 to under $2,250,000
Category DD $2,250,000 to under $2,350,000
Category EE $2,350,000 to under $2,450,000
Category FF $2,450,000 to under $2,550,000
Category GG $2,550,000 to under $2,650,000
Category HH $2,650,000 to under $2,750,000
Category II $2,750,000 to under $2,850,000
Category JJ $2,850,000 to under $2,950,000
Category KK $2,950,000 to under $3,050,000
Category LL $3,050,000 to under $3,150,000
Category MM $3,150,000 to under $3,250,000
Category NN $3,250,000 to under $3,350,000
Category OO $3,350,000 to under $3,450,000
Category PP $3,450,000 to under $3,550,000
Category QQ $3,550,000 to under $3,650,000
Category RR $3,650,000 to under $3,750,000
Category SS $3,750,000 to under $3,850,000
Category TT $3,850,000 to under $3,950,000
Category UU $3,950,000 to under $4,050,000
Category VV $4,050,000 to under $4,150,000
Category WW $4,150,000 to under $4,250,000
S. 9005--A 90 A. 10005--A
Category XX $4,250,000 to under $4,350,000
Category YY $4,350,000 to under $4,450,000
Category ZZ $4,450,000 to under $4,550,000
Category AAA $4,550,000 to under $4,650,000
Category BBB $4,650,000 to under $4,750,000
Category CCC $4,750,000 to under $4,850,000
Category DDD $4,850,000 to under $4,950,000
Category EEE $4,950,000 to under $5,050,000
Category FFF $5,050,000 to under $5,150,000
Category GGG $5,150,000 to under $5,250,000
Category HHH $5,250,000 to under $5,350,000
Category III $5,350,000 to under $5,450,000
Category JJJ $5,450,000 to under $5,550,000
Category KKK $5,550,000 to under $5,650,000
Category LLL $5,650,000 to under $5,750,000
Category MMM $5,750,000 to under $5,850,000
Category NNN $5,850,000 to under $5,950,000
Category OOO $5,950,000 to under $6,050,000
Category PPP $6,050,000 to under $6,150,000
Category QQQ $6,150,000 to under $6,250,000
Category RRR $6,250,000 to under $6,350,000
Category SSS $6,350,000 to under $6,450,000
Category TTT $6,450,000 to under $6,550,000
Category UUU $6,550,000 to under $6,650,000
Category VVV $6,650,000 to under $6,750,000
Category WWW $6,750,000 to under $6,850,000
Category XXX $6,850,000 to under $6,950,000
Category YYY $6,950,000 to under $7,050,000
Category ZZZ $7,050,000 to under $7,150,000
Category AAAA $7,150,000 to under $7,250,000
Category BBBB $7,250,000 to under $7,350,000
Category CCCC $7,350,000 to under $7,450,000
Category DDDD $7,450,000 to under $7,550,000
Category EEEE $7,550,000 to under $7,650,000
Category FFFF $7,650,000 to under $7,750,000
Category GGGG $7,750,000 to under $7,850,000
Category HHHH $7,850,000 to under $7,950,000
Category IIII $7,950,000 to under $8,050,000
Category JJJJ $8,050,000 to under $8,150,000
Category KKKK $8,150,000 to under $8,250,000
Category LLLL $8,250,000 to under $8,350,000
Category MMMM $8,350,000 to under $8,450,000
Category NNNN $8,450,000 to under $8,550,000
Category OOOO $8,550,000 to under $8,650,000
Category PPPP $8,650,000 to under $8,750,000
Category QQQQ $8,750,000 to under $8,850,000
Category RRRR $8,850,000 to under $8,950,000
Category SSSS $8,950,000 to under $9,050,000
Category TTTT $9,050,000 to under $9,150,000
Category UUUU $9,150,000 to under $9,250,000
Category VVVV $9,250,000 to under $9,350,000
Category WWWW $9,350,000 to under $9,450,000
Category XXXX $9,450,000 to under $9,550,000
Category YYYY $9,550,000 to under $9,650,000
Category ZZZZ $9,650,000 to under $9,750,000
Category AAAAA $9,750,000 to under $9,850,000
S. 9005--A 91 A. 10005--A
Category BBBBB $9,850,000 to under $9,950,000
Category CCCCC $9,950,000 to under $10,000,000
Category DDDDD $10,000,000 or over
TABLE II
Category A none
Category B $ 1 to under $ 1,000
Category C $ 1,000 to under $ 5,000
Category D $ 5,000 to under $ 20,000
Category E $ 20,000 to under $ 50,000
Category F $ 50,000 to under $ 75,000
Category G $ 75,000 to under $ 100,000
Category H $ 100,000 to under $ 150,000
Category I $ 150,000 to under $ 250,000]
Category [J] H $ 250,000 to under $ 500,000
Category [K] I $ 500,000 to under $ 750,000
Category [L] J $ 750,000 to under $1,000,000
Category [M] K $1,000,000 to under $1,250,000
Category [N] L $1,250,000 to under $1,500,000
Category [O] M $1,500,000 to under $1,750,000
Category [P] N $1,750,000 to under $2,000,000
Category [Q] O $2,000,000 to under $2,250,000
Category [R] P $2,250,000 to under $2,500,000
Category [S] Q $2,500,000 to under $2,750,000
Category [T] R $2,750,000 to under $3,000,000
Category [U] S $3,000,000 to under $3,250,000
Category [V] T $3,250,000 to under $3,500,000
Category [W] U $3,500,000 to under $3,750,000
Category [X] V $3,750,000 to under $4,000,000
Category [Y] W $4,000,000 to under $4,250,000
Category [Z] X $4,250,000 to under $4,500,000
Category [AA] Y $4,500,000 to under $4,750,000
Category [BB] Z $4,750,000 to under $5,000,000
Category [CC] AA $5,000,000 to under $5,250,000
Category [DD] BB $5,250,000 to under $5,500,000
Category [EE] CC $5,500,000 to under $5,750,000
Category [FF] DD $5,750,000 to under $6,000,000
Category [GG] EE $6,000,000 to under $6,250,000
Category [HH] FF $6,250,000 to under $6,500,000
Category [II] GG $6,500,000 to under $6,750,000
Category [JJ] HH $6,750,000 to under $7,000,000
Category [KK] II $7,000,000 to under $7,250,000
Category [LL] JJ $7,250,000 to under $7,500,000
Category [MM] KK $7,500,000 to under $7,750,000
Category [NN] LL $7,750,000 to under $8,000,000
Category [OO] MM $8,000,000 to under $8,250,000
Category [PP] NN $8,250,000 to under $8,500,000
Category [QQ] OO $8,500,000 to under $8,750,000
Category [RR] PP $8,750,000 to under $9,000,000
Category [SS] QQ $9,000,000 to under $9,250,000
Category [TT] RR $9,250,000 to under $9,500,000
Category [UU] SS $9,500,000 or over
4. A reporting individual who knowingly and wilfully fails to file an
annual statement of financial disclosure or who knowingly and wilfully
with intent to deceive makes a false statement or gives information
which such individual knows to be false on such statement of financial
S. 9005--A 92 A. 10005--A
disclosure filed pursuant to this section shall be subject to a civil
penalty in an amount not to exceed forty thousand dollars. Assessment of
a civil penalty hereunder shall be made by the commission on ethics and
lobbying in government or by the legislative ethics commission, as the
case may be, with respect to persons subject to their respective juris-
dictions. The commission on ethics and lobbying in government acting
pursuant to subdivision fourteen of section ninety-four of the executive
law or the legislative ethics commission acting pursuant to subdivision
eleven of section eighty of the legislative law, as the case may be,
may, in lieu of or in addition to a civil penalty, refer a violation to
the appropriate prosecutor and upon such conviction, but only after such
referral, such violation shall be punishable as a class A misdemeanor. A
civil penalty for false filing may not be imposed hereunder in the event
a category of "value" or "amount" reported hereunder is incorrect unless
such reported information is falsely understated. Notwithstanding any
other provision of law to the contrary, no other penalty, civil or crim-
inal may be imposed for a failure to file, or for a false filing, of
such statement, except that the appointing authority may impose disci-
plinary action as otherwise provided by law. The commission on ethics
and lobbying in government and the legislative ethics commission shall
each be deemed to be an agency within the meaning of article three of
the state administrative procedure act and shall adopt rules governing
the conduct of adjudicatory proceedings and appeals relating to the
assessment of the civil penalties herein authorized. Such rules, which
shall not be subject to the approval requirements of the state adminis-
trative procedure act, shall provide for due process procedural mech-
anisms substantially similar to those set forth in such article three
but such mechanisms need not be identical in terms or scope. Assessment
of a civil penalty shall be final unless modified, suspended or vacated
within thirty days of imposition and upon becoming final shall be
subject to review at the instance of the affected reporting individual
in a proceeding commenced against the commission on ethics and lobbying
in government or the legislative ethics commission, pursuant to article
seventy-eight of the civil practice law and rules.
5. Nothing contained in this section shall be construed as precluding
any public authority or public benefit corporation from exercising any
authority or power now or hereafter existing to require any of its
members, directors, officers or employees to file financial disclosure
statements with such public authority or public benefit corporation that
are the same as, different from or supplemental to any of the require-
ments contained herein and to provide only for internal employment
discipline for any violation arising out of such internal filing.
6. Notwithstanding any other provision of law or any professional
disciplinary rule to the contrary, the disclosure of the identity of any
client or customer on a reporting individual's annual statement of
financial disclosure shall not constitute professional misconduct or a
ground for disciplinary action of any kind, or form the basis for any
civil or criminal cause of action or proceeding.
7. With respect to an application to either the commission on ethics
and lobbying in government or the office of court administration for an
exemption to disclosing the name of a client or customer in response to
questions 8 [(b-1), 8 (b-2)] (B) and 8 (c), all information which is the
subject of or a part of such application shall remain confidential. The
name of the client need not be disclosed by the reporting individual
unless and until the commission on ethics and lobbying in government or
the office of court administration formally advises the reporting indi-
S. 9005--A 93 A. 10005--A
vidual that [he or she] SUCH INDIVIDUAL must disclose such names and the
reporting individual agrees to represent the client. Any commissioner or
person employed by the commission on ethics and lobbying in government
or any person employed by the office of court administration who, inten-
tionally and without authorization from a court of competent jurisdic-
tion releases confidential information related to a request for an
exemption received by the commission or the office of court adminis-
tration shall be guilty of a class A misdemeanor.
§ 2. Paragraph (a) of subdivision 6 of section 202 of the tax law, as
amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(a) Notwithstanding the provisions of subdivision one of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
reports specified in such request that were filed under this article by
the president of the United States, vice-president of the United States,
member of the United States Congress representing New York state, or any
person who served in or was employed by the executive branch of the
government of the United States on the executive staff of the president,
in the executive office of the president, or in an acting or confirmed
capacity in a position subject to confirmation by the United States
senate; or, in New York state: a statewide elected official, as defined
in [paragraph (a) of subdivision one of] section [seventy-three-a]
SEVENTY-THREE of the public officers law; a state officer or employee,
as defined in [subparagraph (i) of paragraph (c) of subdivision one of
such] section seventy-three-a OF THE PUBLIC OFFICERS LAW; a political
party chairperson, as defined in [paragraph (h) of subdivision one of
such] section [seventy-three-a] SEVENTY-THREE OF THE PUBLIC OFFICERS
LAW; a local elected official, as defined in subdivisions one and two of
section eight hundred ten of the general municipal law; a person
appointed, pursuant to law, to serve due to vacancy or otherwise in the
position of a local elected official, as defined in subdivisions one and
two of section eight hundred ten of the general municipal law; a member
of the state legislature; or a judge or justice of the unified court
system; or filed by a partnership, firm, association, corporation,
joint-stock company, trust or similar entity directly or indirectly
controlled by any individual listed in this paragraph, whether by
contract, through ownership or control of a majority interest in such
entity, or otherwise, or filed by a partnership, firm, association,
corporation, joint-stock company, trust or similar entity of which any
individual listed in this paragraph holds ten percent or more of the
voting securities of such entity; provided however that, prior to
furnishing any report, the commissioner shall redact any copy of a
federal return (or portion thereof) attached to, or any information on a
federal return that is reflected on, such report, and any social securi-
ty numbers, account numbers and residential address information.
§ 3. Paragraph (a) of subdivision 16 of section 211 of the tax law, as
amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(a) Notwithstanding the provisions of subdivision eight of this
section, upon written request from the chairperson of the committee on
ways and means of the United States House of Representatives, the chair-
person of the committee on finance of the United States Senate, or the
S. 9005--A 94 A. 10005--A
chairperson of the joint committee on taxation of the United States
Congress, the commissioner shall furnish such committee with any current
or prior year reports specified in such request that were filed under
this article by the president of the United States, vice-president of
the United States, member of the United States Congress representing New
York state, or any person who served in or was employed by the executive
branch of the government of the United States on the executive staff of
the president, in the executive office of the president, or in an acting
or confirmed capacity in a position subject to confirmation by the
United States senate; or, in New York state: a statewide elected offi-
cial, as defined in [paragraph (a) of subdivision one of] section
[seventy-three-a] SEVENTY-THREE of the public officers law; a state
officer or employee, as defined in [subparagraph (i) of paragraph (c) of
subdivision one of such] section seventy-three-a OF THE PUBLIC OFFICERS
LAW; a political party chairperson, as defined in [paragraph (h) of
subdivision one of such] section [seventy-three-a] SEVENTY-THREE OF THE
PUBLIC OFFICERS LAW; a local elected official, as defined in subdivi-
sions one and two of section eight hundred ten of the general municipal
law; a person appointed, pursuant to law, to serve due to vacancy or
otherwise in the position of a local elected official, as defined in
subdivisions one and two of section eight hundred ten of the general
municipal law; a member of the state legislature; or a judge or justice
of the unified court system, or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity direct-
ly or indirectly controlled by any individual listed in this paragraph,
whether by contract, through ownership or control of a majority interest
in such entity, or otherwise, or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity of
which any individual listed in this paragraph holds ten percent or more
of the voting securities of such entity; provided however that, prior to
furnishing any report, the commissioner shall redact any copy of a
federal return (or portion thereof) attached to, or any information on a
federal return that is reflected on, such report, and any social securi-
ty numbers, account numbers and residential address information.
§ 4. Paragraph 1 of subdivision (g) of section 314 of the tax law, as
amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(1) Notwithstanding the provisions of subdivision (a) of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
returns specified in such request that were filed under this article by
the president of the United States, vice-president of the United States,
member of the United States Congress representing New York state, or any
person who served in or was employed by the executive branch of the
government of the United States on the executive staff of the president,
in the executive office of the president, or in an acting or confirmed
capacity in a position subject to confirmation by the United States
senate; or, in New York state: a statewide elected official, as defined
in [paragraph (a) of subdivision one of] section [seventy-three-a]
SEVENTY-THREE of the public officers law; a state officer or employee,
as defined in [subparagraph (i) of paragraph (c) of subdivision one of
such] section seventy-three-a OF THE PUBLIC OFFICERS LAW; a political
party chairperson, as defined in [paragraph (h) of subdivision one of
S. 9005--A 95 A. 10005--A
such] section [seventy-three-a] SEVENTY-THREE OF THE PUBLIC OFFICERS
LAW; a local elected official, as defined in subdivisions one and two of
section eight hundred ten of the general municipal law; a person
appointed, pursuant to law, to serve due to vacancy or otherwise in the
position of a local elected official, as defined in subdivisions one and
two of section eight hundred ten of the general municipal law; a member
of the state legislature; or a judge or justice of the unified court
system, or filed by a partnership, firm, association, corporation,
joint-stock company, trust or similar entity directly or indirectly
controlled by any individual listed in this paragraph, whether by
contract, through ownership or control of a majority interest in such
entity, or otherwise, or filed by a partnership, firm, association,
corporation, joint-stock company, trust or similar entity of which any
individual listed in this paragraph holds ten percent or more of the
voting securities of such entity; provided however that, prior to
furnishing any return, the commissioner shall redact any copy of a
federal return (or portion thereof) attached to, or any information on a
federal return that is reflected on, such return, and any social securi-
ty numbers, account numbers and residential address information.
§ 5. Paragraph (a) of subdivision 5 of section 437 of the tax law, as
amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(a) Notwithstanding the provisions of subdivision one of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
returns or reports specified in such request that were filed under this
article by the president of the United States, vice-president of the
United States, member of the United States Congress representing New
York state, or any person who served in or was employed by the executive
branch of the government of the United States on the executive staff of
the president, in the executive office of the president, or in an acting
or confirmed capacity in a position subject to confirmation by the
United States senate; or, in New York state: a statewide elected offi-
cial, as defined in [paragraph (a) of subdivision one of] section
[seventy-three-a] SEVENTY-THREE of the public officers law; a state
officer or employee, as defined in [subparagraph (i) of paragraph (c) of
subdivision one of such] section seventy-three-a OF THE PUBLIC OFFICERS
LAW; a political party chairperson, as defined in [paragraph (h) of
subdivision one of such] section [seventy-three-a] SEVENTY-THREE OF THE
PUBLIC OFFICERS LAW; a local elected official, as defined in subdivi-
sions one and two of section eight hundred ten of the general municipal
law; a person appointed, pursuant to law, to serve due to vacancy or
otherwise in the position of a local elected official, as defined in
subdivisions one and two of section eight hundred ten of the general
municipal law; a member of the state legislature; or a judge or justice
of the unified court system, or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity direct-
ly or indirectly controlled by any individual listed in this paragraph,
whether by contract, through ownership or control of a majority interest
in such entity, or otherwise, or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity of
which any individual listed in this paragraph holds ten percent or more
of the voting securities of such entity; provided however that, prior to
S. 9005--A 96 A. 10005--A
furnishing any return or report, the commissioner shall redact any copy
of a federal return (or portion thereof) attached to, or any information
on a federal return that is reflected on, such return or report, and any
social security numbers, account numbers and residential address infor-
mation.
§ 6. Paragraph 1 of subdivision (a-1) of section 499 of the tax law,
as amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(1) Notwithstanding the provisions of subdivision (a) of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
returns or reports specified in such request that were filed under this
article by the president of the United States, vice-president of the
United States, member of the United States Congress representing New
York state, or any person who served in or was employed by the executive
branch of the government of the United States on the executive staff of
the president, in the executive office of the president, or in an acting
or confirmed capacity in a position subject to confirmation by the
United States senate; or, in New York state: a statewide elected offi-
cial, as defined in [paragraph (a) of subdivision one of] section
[seventy-three-a] SEVENTY-THREE of the public officers law; a state
officer or employee, as defined in [subparagraph (i) of paragraph (c) of
subdivision one of such] section seventy-three-a OF THE PUBLIC OFFICERS
LAW; a political party chairperson, as defined in [paragraph (h) of
subdivision one of such] section [seventy-three-a] SEVENTY-THREE OF THE
PUBLIC OFFICERS LAW; a local elected official, as defined in subdivi-
sions one and two of section eight hundred ten of the general municipal
law; a person appointed, pursuant to law, to serve due to vacancy or
otherwise in the position of a local elected official, as defined in
subdivisions one and two of section eight hundred ten of the general
municipal law; a member of the state legislature; or a judge or justice
of the unified court system, or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity direct-
ly or indirectly controlled by any individual listed in this paragraph,
whether by contract, through ownership or control of a majority interest
in such entity, or otherwise, or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity of
which any individual listed in this paragraph holds ten percent or more
of the voting securities of such entity; provided however that, prior to
furnishing any return or report, the commissioner shall redact any copy
of a federal return (or portion thereof) attached to, or any information
on a federal return that is reflected on, such return or report, and any
social security numbers, account numbers and residential address infor-
mation.
§ 7. Paragraph (a) of subdivision 6 of section 514 of the tax law, as
amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(a) Notwithstanding the provisions of subdivision one of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
S. 9005--A 97 A. 10005--A
returns or reports specified in such request that were filed under this
article by the president of the United States, vice-president of the
United States, member of the United States Congress representing New
York state, or any person who served in or was employed by the executive
branch of the government of the United States on the executive staff of
the president, in the executive office of the president, or in an acting
or confirmed capacity in a position subject to confirmation by the
United States senate; or, in New York state: a statewide elected offi-
cial, as defined in [paragraph (a) of subdivision one of] section
[seventy-three-a] SEVENTY-THREE of the public officers law; a state
officer or employee, as defined in [subparagraph (i) of paragraph (c) of
subdivision one of such] section seventy-three-a OF THE PUBLIC OFFICERS
LAW; a political party chairperson, as defined in [paragraph (h) of
subdivision one of such] section [seventy-three-a] SEVENTY-THREE OF THE
PUBLIC OFFICERS LAW; a local elected official, as defined in subdivi-
sions one and two of section eight hundred ten of the general municipal
law; a person appointed, pursuant to law, to serve due to vacancy or
otherwise in the position of a local elected official, as defined in
subdivisions one and two of section eight hundred ten of the general
municipal law; a member of the state legislature; or a judge or justice
of the unified court system; or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity direct-
ly or indirectly controlled by any individual listed in this paragraph,
whether by contract, through ownership or control of a majority interest
in such entity, or otherwise, or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity of
which any individual listed in this paragraph holds ten percent or more
of the voting securities of such entity; provided however that, prior to
furnishing any return or report, the commissioner shall redact any copy
of a federal return (or portion thereof) attached to, or any information
on a federal return that is reflected on, such return or report, and any
social security numbers, account numbers and residential address infor-
mation.
§ 8. Paragraph 1 of subdivision (f-1) of section 697 of the tax law,
as amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(1) Notwithstanding the provisions of subsection (e) of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
reports or returns specified in such request that were filed under this
article by the president of the United States, vice-president of the
United States, member of the United States Congress representing New
York state, or any person who served in or was employed by the executive
branch of the government of the United States on the executive staff of
the president, in the executive office of the president, or in an acting
or confirmed capacity in a position subject to confirmation by the
United States senate; or, in New York state: a statewide elected offi-
cial, as defined in [paragraph (a) of subdivision one of] section
[seventy-three-a] SEVENTY-THREE of the public officers law; a state
officer or employee, as defined in [subparagraph (i) of paragraph (c) of
subdivision one of such] section seventy-three-a OF THE PUBLIC OFFICERS
LAW; a political party chairperson, as defined in [paragraph (h) of
subdivision one of such] section [seventy-three-a] SEVENTY-THREE OF THE
S. 9005--A 98 A. 10005--A
PUBLIC OFFICERS LAW; a local elected official, as defined in subdivi-
sions one and two of section eight hundred ten of the general municipal
law; a person appointed, pursuant to law, to serve due to vacancy or
otherwise in the position of a local elected official, as defined in
subdivisions one and two of section eight hundred ten of the general
municipal law; a member of the state legislature; or a judge or justice
of the unified court system; provided however that, prior to furnishing
any report or return, the commissioner shall redact any copy of a feder-
al return (or portion thereof) attached to, or any information on a
federal return that is reflected on, such report or return, and any
social security numbers, account numbers and residential address infor-
mation.
§ 9. Paragraph 1 of subsection (b-1) of section 994 of the tax law, as
amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(1) Notwithstanding the provisions of subsection (a) of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
reports or returns specified in such request that were filed under this
article by the president of the United States, vice-president of the
United States, member of the United States Congress representing New
York state, or any person who served in or was employed by the executive
branch of the government of the United States on the executive staff of
the president, in the executive office of the president, or in an acting
or confirmed capacity in a position subject to confirmation by the
United States senate; or, in New York state: a statewide elected offi-
cial, as defined in [paragraph (a) of subdivision one of] section
[seventy-three-a] SEVENTY-THREE of the public officers law; a state
officer or employee, as defined in [subparagraph (i) of paragraph (c) of
subdivision one of such] section seventy-three-a OF THE PUBLIC OFFICERS
LAW; a political party chairperson, as defined in [paragraph (h) of
subdivision one of such] section [seventy-three-a] SEVENTY-THREE OF THE
PUBLIC OFFICERS LAW; a local elected official, as defined in subdivi-
sions one and two of section eight hundred ten of the general municipal
law; a person appointed, pursuant to law, to serve due to vacancy or
otherwise in the position of a local elected official, as defined in
subdivisions one and two of section eight hundred ten of the general
municipal law; a member of the state legislature; or a judge or justice
of the unified court system; or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity direct-
ly or indirectly controlled by any individual listed in this paragraph,
whether by contract, through ownership or control of a majority interest
in such entity, or otherwise, or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity of
which any individual listed in this paragraph holds ten percent or more
of the voting securities of such entity; provided however that, prior to
furnishing any report or return, the commissioner shall redact any copy
of a federal return (or portion thereof) attached to, or any information
on a federal return that is reflected on, such report or return, and any
social security numbers, account numbers and residential address infor-
mation.
S. 9005--A 99 A. 10005--A
§ 10. Paragraph 1 of subdivision (h) of section 1146 of the tax law,
as amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(1) Notwithstanding the provisions of subdivision (a) of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
returns or reports specified in such request that were filed under this
article by the president of the United States, vice-president of the
United States, member of the United States Congress representing New
York state, or any person who served in or was employed by the executive
branch of the government of the United States on the executive staff of
the president, in the executive office of the president, or in an acting
or confirmed capacity in a position subject to confirmation by the
United States senate; or, in New York state: a statewide elected offi-
cial, as defined in [paragraph (a) of subdivision one of] section
[seventy-three-a] SEVENTY-THREE of the public officers law; a state
officer or employee, as defined in [subparagraph (i) of paragraph (c) of
subdivision one of such] section seventy-three-a OF THE PUBLIC OFFICERS
LAW; a political party chairperson, as defined in [paragraph (h) of
subdivision one of such] section [seventy-three-a] SEVENTY-THREE OF THE
PUBLIC OFFICERS LAW; a local elected official, as defined in subdivi-
sions one and two of section eight hundred ten of the general municipal
law; a person appointed, pursuant to law, to serve due to vacancy or
otherwise in the position of a local elected official, as defined in
subdivisions one and two of section eight hundred ten of the general
municipal law; a member of the state legislature, or a judge or justice
of the unified court system; or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity direct-
ly or indirectly controlled by any individual listed in this paragraph,
whether by contract, through ownership or control of a majority interest
in such entity, or otherwise, or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity of
which any individual listed in this paragraph holds ten percent or more
of the voting securities of such entity; provided however that, prior to
furnishing any return or report, the commissioner shall redact any copy
of a federal return (or portion thereof) attached to, or any information
on a federal return that is reflected on, such report or return, and any
social security numbers, account numbers and residential address infor-
mation.
§ 11. Paragraph 1 of subdivision (g) of section 1287 of the tax law,
as amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(1) Notwithstanding the provisions of subdivision (a) of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
returns specified in such request that were filed under this article by
the president of the United States, vice-president of the United States,
member of the United States Congress representing New York state, or any
person who served in or was employed by the executive branch of the
government of the United States on the executive staff of the president,
S. 9005--A 100 A. 10005--A
in the executive office of the president, or in an acting or confirmed
capacity in a position subject to confirmation by the United States
senate; or, in New York state: a statewide elected official, as defined
in [paragraph (a) of subdivision one of] section [seventy-three-a]
SEVENTY-THREE of the public officers law; a state officer or employee,
as defined in [subparagraph (i) of paragraph (c) of subdivision one of
such] section seventy-three-a OF THE PUBLIC OFFICERS LAW; a political
party chairperson, as defined in [paragraph (h) of subdivision one of
such] section [seventy-three-a] SEVENTY-THREE OF THE PUBLIC OFFICERS
LAW; a local elected official, as defined in subdivisions one and two of
section eight hundred ten of the general municipal law; a person
appointed, pursuant to law, to serve due to vacancy or otherwise in the
position of a local elected official, as defined in subdivisions one and
two of section eight hundred ten of the general municipal law; a member
of the state legislature; or a judge or justice of the unified court
system; or filed by a partnership, firm, association, corporation,
joint-stock company, trust or similar entity directly or indirectly
controlled by any individual listed in this paragraph, whether by
contract, through ownership or control of a majority interest in such
entity, or otherwise, or filed by a partnership, firm, association,
corporation, joint-stock company, trust or similar entity of which any
individual listed in this paragraph holds ten percent or more of the
voting securities of such entity; provided however that, prior to
furnishing any return, the commissioner shall redact any copy of a
federal return (or portion thereof) attached to, or any information on a
federal return that is reflected on, such return, and any social securi-
ty numbers, account numbers and residential address information.
§ 12. Paragraph 1 of subdivision (f) of section 1296 of the tax law,
as amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(1) Notwithstanding the provisions of subdivision (a) of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
returns or reports specified in such request that were filed under this
article by the president of the United States, vice-president of the
United States, member of the United States Congress representing New
York state, or any person who served in or was employed by the executive
branch of the government of the United States on the executive staff of
the president, in the executive office of the president, or in an acting
or confirmed capacity in a position subject to confirmation by the
United States senate; or, in New York state: a statewide elected offi-
cial, as defined in [paragraph (a) of subdivision one of] section
[seventy-three-a] SEVENTY-THREE of the public officers law; a state
officer or employee, as defined in [subparagraph (i) of paragraph (c) of
subdivision one of such] section seventy-three-a OF THE PUBLIC OFFICERS
LAW; a political party chairperson, as defined in [paragraph (h) of
subdivision one of such] section [seventy-three-a] SEVENTY-THREE OF THE
PUBLIC OFFICERS LAW; a local elected official, as defined in subdivi-
sions one and two of section eight hundred ten of the general municipal
law; a person appointed, pursuant to law, to serve due to vacancy or
otherwise in the position of a local elected official, as defined in
subdivisions one and two of section eight hundred ten of the general
municipal law; a member of the state legislature; or a judge or justice
S. 9005--A 101 A. 10005--A
of the unified court system; or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity direct-
ly or indirectly controlled by any individual listed in this paragraph,
whether by contract, through ownership or control of a majority interest
in such entity, or otherwise, or filed by a partnership, firm, associ-
ation, corporation, joint-stock company, trust or similar entity of
which any individual listed in this paragraph holds ten percent or more
of the voting securities of such entity; provided however that, prior to
furnishing any return or report, the commissioner shall redact any copy
of a federal return (or portion thereof) attached to, or any information
on a federal return that is reflected on, such return or report, and any
social security numbers, account numbers and residential address infor-
mation.
§ 13. Paragraph 1 of subdivision (d) of section 1299-f of the tax law,
as amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(1) Notwithstanding the provisions of subdivision (a) of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
returns specified in such request that were filed under this article by
the president of the United States, vice-president of the United States,
member of the United States Congress representing New York state, or any
person who served in or was employed by the executive branch of the
government of the United States on the executive staff of the president,
in the executive office of the president, or in an acting or confirmed
capacity in a position subject to confirmation by the United States
senate; or, in New York state: a statewide elected official, as defined
in [paragraph (a) of subdivision one of] section [seventy-three-a]
SEVENTY-THREE of the public officers law; a state officer or employee,
as defined in [subparagraph (i) of paragraph (c) of subdivision one of
such] section seventy-three-a OF THE PUBLIC OFFICERS LAW; a political
party chairperson, as defined in [paragraph (h) of subdivision one of
such] section [seventy-three-a] SEVENTY-THREE OF THE PUBLIC OFFICERS
LAW; a local elected official, as defined in subdivisions one and two of
section eight hundred ten of the general municipal law; a person
appointed, pursuant to law, to serve due to vacancy or otherwise in the
position of a local elected official, as defined in subdivisions one and
two of section eight hundred ten of the general municipal law; a member
of the state legislature; or a judge or justice of the unified court
system; or filed by a partnership, firm, association, corporation,
joint-stock company, trust or similar entity directly or indirectly
controlled by any individual listed in this paragraph, whether by
contract, through ownership or control of a majority interest in such
entity, or otherwise, or filed by a partnership, firm, association,
corporation, joint-stock company, trust or similar entity of which any
individual listed in this paragraph holds ten percent or more of the
voting securities of such entity; provided however that, prior to
furnishing any return, the commissioner shall redact any copy of a
federal return (or portion thereof) attached to, or any information on a
federal return that is reflected on, such return, and any social securi-
ty numbers, account numbers and residential address information.
S. 9005--A 102 A. 10005--A
§ 14. Paragraph 1 of subdivision (i) of section 1418 of the tax law,
as amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(1) Notwithstanding the provisions of subdivision (a) of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
returns filed specified in such request that were under this article by
the president of the United States, vice-president of the United States,
member of the United States Congress representing New York state, or any
person who served in or was employed by the executive branch of the
government of the United States on the executive staff of the president,
in the executive office of the president, or in an acting or confirmed
capacity in a position subject to confirmation by the United States
senate; or, in New York state: a statewide elected official, as defined
in [paragraph (a) of subdivision one of] section [seventy-three-a]
SEVENTY-THREE of the public officers law; a state officer or employee,
as defined in [subparagraph (i) of paragraph (c) of subdivision one of
such] section seventy-three-a OF THE PUBLIC OFFICERS LAW; a political
party chairperson, as defined in [paragraph (h) of subdivision one of
such] section [seventy-three-a] SEVENTY-THREE OF THE PUBLIC OFFICERS
LAW; a local elected official, as defined in subdivisions one and two of
section eight hundred ten of the general municipal law; a person
appointed, pursuant to law, to serve due to vacancy or otherwise in the
position of a local elected official, as defined in subdivisions one and
two of section eight hundred ten of the general municipal law; a member
of the state legislature; or a judge or justice of the unified court
system; or filed by a partnership, firm, association, corporation,
joint-stock company, trust or similar entity directly or indirectly
controlled by any individual listed in this paragraph, whether by
contract, through ownership or control of a majority interest in such
entity, or otherwise, or filed by a partnership, firm, association,
corporation, joint-stock company, trust or similar entity of which any
individual listed in this paragraph holds ten percent or more of the
voting securities of such entity; provided however that, prior to
furnishing any return, the commissioner shall redact any copy of a
federal return (or portion thereof) attached to, or any information on a
federal return that is reflected on, such return, and any social securi-
ty numbers, account numbers and residential address information.
§ 15. Paragraph 1 of subdivision (h) of section 1518 of the tax law,
as amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(1) Notwithstanding the provisions of subdivision (a) of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
returns filed specified in such request that were under this article by
the president of the United States, vice-president of the United States,
member of the United States Congress representing New York state, or any
person who served in or was employed by the executive branch of the
government of the United States on the executive staff of the president,
in the executive office of the president, or in an acting or confirmed
S. 9005--A 103 A. 10005--A
capacity in a position subject to confirmation by the United States
senate; or, in New York state: a statewide elected official, as defined
in [paragraph (a) of subdivision one of] section [seventy-three-a]
SEVENTY-THREE of the public officers law; a state officer or employee,
as defined in [subparagraph (i) of paragraph (c) of subdivision one of
such] section seventy-three-a OF THE PUBLIC OFFICERS LAW; a political
party chairperson, as defined in [paragraph (h) of subdivision one of
such] section [seventy-three-a] SEVENTY-THREE OF THE PUBLIC OFFICERS
LAW; a local elected official, as defined in subdivisions one and two of
section eight hundred ten of the general municipal law; a person
appointed, pursuant to law, to serve due to vacancy or otherwise in the
position of a local elected official, as defined in subdivisions one and
two of section eight hundred ten of the general municipal law; a member
of the state legislature; or a judge or justice of the unified court
system, or filed by a partnership, firm, association, corporation,
joint-stock company, trust or similar entity directly or indirectly
controlled by any individual listed in this paragraph, whether by
contract, through ownership or control of a majority interest in such
entity, or otherwise, or filed by a partnership, firm, association,
corporation, joint-stock company, trust or similar entity of which any
individual listed in this paragraph holds ten percent or more of the
voting securities of such entity; provided however that, prior to
furnishing any return, the commissioner shall redact any copy of a
federal return (or portion thereof) attached to, or any information on a
federal return that is reflected on, such return, and any social securi-
ty numbers, account numbers and residential address information.
§ 16. Paragraph 1 of subdivision (f) of section 1555 of the tax law,
as amended by chapter 92 of the laws of 2019, is amended to read as
follows:
(1) Notwithstanding the provisions of subdivision (a) of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner shall furnish such committee with any current or prior year
returns filed specified in such request that were under this article by
the president of the United States, vice-president of the United States,
member of the United States Congress representing New York state, or any
person who served in or was employed by the executive branch of the
government of the United States on the executive staff of the president,
in the executive office of the president, or in an acting or confirmed
capacity in a position subject to confirmation by the United States
senate; or, in New York state: a statewide elected official, as defined
in [paragraph (a) of subdivision one of] section [seventy-three-a]
SEVENTY-THREE of the public officers law; a state officer or employee,
as defined in [subparagraph (i) of paragraph (c) of subdivision one of
such] section seventy-three-a OF THE PUBLIC OFFICERS LAW; a political
party chairperson, as defined in [paragraph (h) of subdivision one of
such] section [seventy-three-a] SEVENTY-THREE OF THE PUBLIC OFFICERS
LAW; a local elected official, as defined in subdivisions one and two of
section eight hundred ten of the general municipal law; a person
appointed, pursuant to law, to serve due to vacancy or otherwise in the
position of a local elected official, as defined in subdivisions one and
two of section eight hundred ten of the general municipal law; a member
of the state legislature; or a judge or justice of the unified court
system; or filed by a partnership, firm, association, corporation,
S. 9005--A 104 A. 10005--A
joint-stock company, trust or similar entity directly or indirectly
controlled by any individual listed in this paragraph, whether by
contract, through ownership or control of a majority interest in such
entity, or otherwise, or filed by a partnership, firm, association,
corporation, joint-stock company, trust or similar entity of which any
individual listed in this paragraph holds ten percent or more of the
voting securities of such entity; provided however that, prior to
furnishing any return, the commissioner shall redact any copy of a
federal return (or portion thereof) attached to, or any information on a
federal return that is reflected on, such return, and any social securi-
ty numbers, account numbers and residential address information.
§ 17. Paragraph 1 of subdivision (m) of section 11-1797 of the admin-
istrative code of the city of New York, as amended by chapter 92 of the
laws of 2019, is amended to read as follows:
(1) Notwithstanding the provisions of subdivision (e) of this section,
upon written request from the chairperson of the committee on ways and
means of the United States House of Representatives, the chairperson of
the committee on finance of the United States Senate, or the chairperson
of the joint committee on taxation of the United States Congress, the
commissioner of taxation and finance shall furnish such committee with
any current or prior year returns specified in such request that were
filed under this article by the president of the United States, vice-
president of the United States, member of the United States Congress
representing New York state, or any person who served in or was employed
by the executive branch of the government of the United States on the
executive staff of the president, in the executive office of the presi-
dent, or in an acting or confirmed capacity in a position subject to
confirmation by the United States senate; or, in New York state: a
statewide elected official, as defined in [paragraph (a) of subdivision
one of] section [seventy-three-a] SEVENTY-THREE of the public officers
law; a state officer or employee, as defined in [subparagraph (i) of
paragraph (c) of subdivision one of such] section seventy-three-a OF THE
PUBLIC OFFICERS LAW; a political party chairperson, as defined in [para-
graph (h) of subdivision one of such] section [seventy-three-a] SEVEN-
TY-THREE OF THE PUBLIC OFFICERS LAW; a local elected official, as
defined in subdivisions one and two of section eight hundred ten of the
general municipal law; a person appointed, pursuant to law, to serve due
to vacancy or otherwise in the position of a local elected official, as
defined in subdivisions one and two of section eight hundred ten of the
general municipal law; a member of the state legislature; or a judge or
justice of the unified court system; provided however that, prior to
furnishing any return, the commissioner shall redact any copy of a
federal return (or portion thereof) attached to, or any information on a
federal return that is reflected on, such return, and any social securi-
ty numbers, account numbers and residential address information.
§ 18. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediate-
ly, 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 W
Section 1. Subdivision 1 of section 151 of the workers' compensation
law, as added by section 22 of part GG of chapter 57 of the laws of
2013, is amended to read as follows:
S. 9005--A 105 A. 10005--A
1. The annual expenses necessary for the board to administer the
provisions of this chapter, the volunteer ambulance workers' benefit
law, the volunteer firefighters' benefit law, the disability benefits
law, and the workmen's compensation act for civil defense volunteers
shall be borne by affected employers securing compensation for their
employees pursuant to section fifty of this chapter. The board shall
collect such annual expenses from affected employers through assessments
as provided by the provisions of this section, including for purposes of
this subdivision: (a) the aggregate assessment amount described in
subparagraph four of paragraph (h) of subdivision eight of section
fifteen of this chapter for the special disability fund in accordance
with each financing agreement described in such subparagraph, (b) the
aggregate assessment amount described in section fifty-c of this chapter
for the self-insurer offset fund in accordance with each financing
agreement described in such section, (c) the assessment amount described
in subdivision three of section twenty-five-a of this chapter for the
fund for reopened cases [and], (d) the assessment amount described in
section two hundred fourteen of this chapter for the special fund for
disability benefits AND (E) A SUM SUFFICIENT AS DETERMINED BY THE CHAIR
TO COVER THE ESTABLISHMENT AND MAINTENANCE OF DEDICATED WORKERS' COMPEN-
SATION FRAUD UNITS WITHIN NEW YORK STATE DISTRICT ATTORNEYS' OFFICES;
provided, that the foregoing and any other provision of this chapter to
the contrary notwithstanding, assessment receipts shall be applied first
to fully fund the amount described in subparagraph four of paragraph (h)
of subdivision eight of section fifteen of this chapter and then to
fully fund the amount described in section fifty-c of this chapter in
accordance with each then applicable financing agreement pursuant to
such provisions prior to application to any other purpose other than to
pay any actual costs of collecting such assessment that are not other-
wise funded. For purposes of this section, affected employer means all
employers required to obtain workers' compensation coverage pursuant to
this chapter.
§ 2. This act shall take effect immediately.
PART X
Section 1. Section 13-a of the workers' compensation law, as added by
chapter 258 of the laws of 1935, subdivision 1 as amended by chapter 363
of the laws of 1989, subdivision 2 as amended by chapter 113 of the laws
of 1946, subdivision 4 as amended by chapter 473 of the laws of 2000,
subdivisions 5 and 6 as amended by section 8 of part CC of chapter 55 of
the laws of 2019, and subdivision 7 as added by chapter 6 of the laws of
2007, is amended to read as follows:
§ 13-a. Selection of authorized [physician] PROVIDER by employee. (1)
An injured employee may, when care is required, select to treat [him or
her] WITH any [physician] PROVIDER authorized by the chair to render
medical care OR TREATMENT, as hereafter provided. If for any reason
during the period when medical CARE OR treatment [and care] is required,
the employee wishes to transfer [his or her] THEIR MEDICAL CARE OR
treatment [and care] to another authorized [physician] PROVIDER, [he or
she] THEY may do so, in accordance with rules prescribed by the chair.
In such instance the remuneration of the [physician] PROVIDER whose
services are being dispensed with shall be limited to the value of
treatment rendered at fees as established in the schedule for [his or
her] THEIR location, unless payment in higher amounts has been approved
as authorized in [section thirteen, paragraph] SUBDIVISION a OF SECTION
S. 9005--A 106 A. 10005--A
THIRTEEN OF THIS ARTICLE. If a claimant shall receive treatment in any
hospital or other institution operated in whole or in part by the state
of New York, the employer shall be liable for food, clothing and mainte-
nance furnished by the hospital or other institution to such employee.
If the employee is unable due to the nature of the injury to select such
authorized [physician] PROVIDER and the emergency nature of the injury
requires immediate medical treatment and care, or if [he or she does]
THEY DO not desire to select a [physician] PROVIDER, and in writing so
advises the employer, the employer shall promptly provide [him or her]
THE EMPLOYEE with the necessary medical care OR TREATMENT, provided
however, that nothing herein contained shall operate to prevent such
employee, when subsequently able to do so, from selecting for contin-
uance of any medical [treatment or] care OR TREATMENT required, any
[physician] PROVIDER authorized by the chair to render medical care OR
TREATMENT as hereinafter provided.
(2) The [chairman] CHAIR shall prescribe the form of a notice inform-
ing employees of their privilege under this chapter, and such notice
shall be posted and maintained by the employer in a conspicuous place or
places in and about [his] THEIR place or places of business.
(3) The employer shall have the right to transfer the care of an
injured employee from the attending physician, whether chosen originally
by the employee or by the employer, to another authorized physician (1)
if the interest of the injured employee necessitates the transfer or (2)
if the physician has not been authorized to treat injured employees
under this act or (3) if [he] THE PHYSICIAN has not been authorized
under this act to treat the particular injury or condition as provided
by section thirteen-b (2). An authorized physician from whom the case
has been transferred shall have the right of appeal to an arbitration
committee as provided in subdivision two of section thirteen-g OF THIS
ARTICLE and if said arbitration committee finds that the transfer was
not authorized by this section, said employer shall pay to the physician
a sum equal to the total fee earned by the physician to whom the care of
the injured employee has been transferred, or such proportion of said
fee as the arbitration committee shall deem adequate.
(4) (a) No claim for medical or surgical treatment shall be valid and
enforceable, as against such employer, or employee, unless within
forty-eight hours following the first treatment the [physician] PROVIDER
giving such treatment furnishes to the employer and directly to the
chair a preliminary notice of such injury and treatment, within fifteen
days thereafter a more complete report and subsequent thereto progress
reports if requested in writing by the chair, board, employer or insur-
ance carrier at intervals of not less than three weeks apart or at less
frequent intervals if requested on forms prescribed by the chair. The
board may excuse failure to give such notices within the designated
periods when it finds it to be in the interest of justice to do so.
(b) Upon receipt of the notice provided for by paragraph (a) of this
subdivision, the employer, the carrier, and the claimant each shall be
entitled to have the claimant examined by a [physician] PROVIDER author-
ized by the chair TO PERFORM INDEPENDENT MEDICAL EXAMINATIONS in accord-
ance with sections thirteen-b and one hundred thirty-seven of this chap-
ter, at a medical facility convenient to the claimant and in the
presence of the claimant's [physician] PROVIDER, and refusal by the
claimant to submit to such independent medical examination at such time
or times as may reasonably be necessary in the opinion of the board,
shall bar the claimant from recovering compensation for any period
during which [he or she has] THEY HAVE refused to submit to such exam-
S. 9005--A 107 A. 10005--A
ination. No hospital shall be required to produce the records of any
claimant without receiving its customary fees or charges for reprod-
uction of such records.
(c) Where it would place an unreasonable burden upon the employer or
carrier to arrange for, or for the claimant to attend, an independent
medical examination by an authorized [physician] PROVIDER, the employer
or carrier shall arrange for such examination to be performed by a qual-
ified [physician] PROVIDER in a medical facility convenient to the
claimant.
(d) The independent medical examiner shall provide such reports and
shall submit to investigation as required by the chair.
(e) In order to qualify as admissible medical evidence, for purposes
of adjudicating any claim under this chapter, any report submitted to
the board by an independent medical examiner licensed by the state of
New York shall include the following:
(i) a signed statement certifying that the report is a full and truth-
ful representation of the independent medical examiner's professional
opinion with respect to the claimant's condition:
(ii) such examiner's board issued authorization number;
(iii) the name of the individual or entity requesting the examination;
(iv) if applicable, the registration number as required by section
thirteen-n of this article; and
(v) such other information as the chair may require by regulation.
Any report by an independent medical examiner who is not authorized,
and who performs an independent medical examination in accordance with
paragraph (c) of this subdivision, which is to be used as medical
evidence under this chapter, shall include in the report such informa-
tion as the chair may require by regulation.
(5) No claim for specialist consultations, surgical operations,
physiotherapeutic or occupational therapy procedures, x-ray examinations
or special diagnostic laboratory tests costing more than one thousand
dollars shall be valid and enforceable, as against such employer, unless
such special services shall have been authorized by the employer or by
the board, or unless such authorization has been unreasonably withheld,
or withheld for a period of more than thirty calendar days from receipt
of a request for authorization, or unless such special services are
required in an emergency, provided, however, that the basis for a denial
of such authorization by the employer must be based on a conflicting
second opinion rendered by a physician authorized by the board. The
board, with the approval of the superintendent of financial services,
shall issue and maintain a list of pre-authorized procedures under this
section. Such list of pre-authorized procedures shall be issued and
maintained for the purpose of expediting authorization of treatment of
injured workers. Such list of pre-authorized procedures shall not
prohibit varied treatment when the treating provider demonstrates the
appropriateness and medical necessity of such treatment.
(6) (a) Any interference by any person with the selection by an
injured employee of an authorized [physician] PROVIDER to treat [him]
SUCH EMPLOYEE, except when the selection is made pursuant to article
ten-A of this chapter, and the improper influencing or attempt by any
person improperly to influence the medical opinion of any [physician]
PROVIDER who has treated or examined an injured employee, shall be a
misdemeanor; provided, however, that it shall not constitute interfer-
ence or improper influence if, in the presence of such injured employ-
ee's [physician] PROVIDER, an employer, [his] carrier or agent should
recommend or provide information concerning rehabilitation services or
S. 9005--A 108 A. 10005--A
the availability thereof to an injured employee or [his] THE EMPLOYEE'S
family.
(b) Except as otherwise permitted by law, an employer, carrier, or
third-party administrator shall not interfere or attempt to interfere
with the selection by an injured employee of, or treatment by, an
authorized [medical] provider, including by directing or attempting to
direct that the injured employee seek treatment from a specific provider
or type of provider selected by the employer, carrier, or third-party
administrator. It shall not constitute improper interference under this
paragraph if the direction or attempt to direct the injured employee to
receive treatment from a specific provider or type of provider origi-
nates from the EMPLOYEE'S authorized [medical] provider while in the
course of providing treatment to the injured employee.
(i) Notwithstanding any other provision in this chapter, the chair
shall by regulation establish a performance standard concerning the
subject of any penalty imposed under this paragraph against an employer,
carrier or third-party administrator. The performance standard estab-
lished by the chair shall be used to measure compliance with this para-
graph by employers, carriers and third-party administrators. The chair
shall apply the performance standard based on multiple factors, includ-
ing but not limited to, findings of improper interference submitted as
complaints to the board's monitoring unit, unreasonable objections to
medical care OR TREATMENT, unwarranted objections to variances, medical
billing disputes, case delays brought about by employers, carriers and
third-party administrators, and the unreasonable denial of medical care
OR TREATMENT.
(ii) Upon validating an allegation that the employer, carrier or
third-party administrator has failed to meet the promulgated performance
standard, a penalty shall be assessed by the board upon notice to the
employer, carrier or third-party administrator. The board shall impose
such penalty against the carrier, employer or third-party administrator
in the amount of fifty dollars per violation identified in subparagraph
(i) of this paragraph. The penalties for violations identified in
subparagraph (i) of this paragraph, may be aggregated into a single
penalty upon a finding that an employer, carrier or third-party adminis-
trator has interfered with an injured employee's necessary medical CARE
OR treatment [and care]. Such aggregate penalty or assessment shall be
based upon the number of violations as multiplied against the applicable
penalty or assessment, but may be negotiated by the chair's designee in
full satisfaction of the penalty or assessment. Any aggregate penalty or
assessment issued under this paragraph shall be issued administratively,
and the chair shall, by regulation, specify the method of review or
redetermination, and the presentment of evidence and objections shall
occur solely upon the documentation. Any final determination shall be
subject to review under section twenty-three of this article but penal-
ties may not be subject to a stay. A final determination that an employ-
er, carrier or third-party administrator has engaged in a pattern of
interference with an injured worker's access to medically necessary
medical care OR TREATMENT shall result in the imposition of an aggregate
penalty and publication of notice of such finding on the board's web
page.
(7)(a) Notwithstanding any other provision of this chapter to the
contrary, any insurance carrier authorized to transact the business of
workers' compensation insurance in this state, self-insurer or the state
insurance fund may contract with a network or networks, legally and
properly organized, to perform diagnostic tests, x-ray examinations,
S. 9005--A 109 A. 10005--A
magnetic resonance imaging, or other radiological examinations or tests
of claimants and may require claimant to obtain or undergo such diagnos-
tic test, x-ray examinations, magnetic resonance imaging or other radio-
logical examinations or tests with a provider or at a facility that is
affiliated with the network or networks with which the carrier
contracts, except if a medical emergency occurs requiring an immediate
diagnostic test, x-ray examination, magnetic resonance imaging or other
radiological examination or test or if the network with which the insur-
ance carrier, self-insurer or the state insurance fund contracts does
not have a provider or facility able to perform the examination or test
within a reasonable distance from the claimant's residence or place of
employment, as defined by regulation of the board.
(b) Any insurance carrier, self-insurer or the state insurance fund
which requires claimants to obtain or undergo diagnostic tests, x-ray
examinations, magnetic resonance imaging or other radiological examina-
tions or tests with a provider or at a facility affiliated with a
network or networks with which it contracts, must notify the claimant of
the name and contact information for the network or networks at the same
time the written statement of the claimant's rights as required by
subdivision two of section one hundred ten of this chapter or immediate-
ly after imposing such requirement if the time period within which the
written statement of the claimant's rights as required by subdivision
two of section one hundred ten of this chapter has expired.
(c) At the time a request for authorization for special diagnostic
tests, x-ray examinations, magnetic resonance imaging or other radiolog-
ical examinations or tests costing more than one thousand dollars as
required by subdivision five of this section is approved, the insurance
carrier, self-insurer or state insurance fund, or if so delegated the
network with which the insurance carrier, self-insurer or state insur-
ance fund has contracted, shall notify the [physician] PROVIDER request-
ing authorization of the requirement that the claimant obtain or undergo
the special diagnostic test, x-ray examination, magnetic resonance imag-
ing or other radiological examination or test with a provider or at a
facility affiliated with the network or networks with which it has
contracted, the contact information for the network and a list of the
providers and facilities within the claimant's geographic location, as
defined by regulation of the board. The claimant, in consultation with
the provider who requested the special diagnostic test, x-ray examina-
tion, magnetic resonance imaging or other radiological test or exam,
will determine the provider or facility from within the network which
will perform such diagnostic test, x-ray examination, magnetic resonance
imaging or other radiological examination or test.
(d) The results of the special diagnostic test, x-ray examination,
magnetic resonance imaging or other radiological test or exam must be
sent to the [physician] PROVIDER who requested the test or exam imme-
diately upon completion of the report detailing the results.
§ 2. Section 13-b of the workers' compensation law, as amended by
section 1 of part CC of chapter 55 of the laws of 2019, paragraphs (p)
and (q) of subdivision 1 and paragraph (b-1) of subdivision 2 as added
by chapter 335 of the laws of 2024, and paragraph (b-2) of subdivision 2
as added by section 1 of part AA of chapter 55 of the laws of 2025, is
amended to read as follows:
§ 13-b. Authorization of providers, medical bureaus and laboratories
by the chair. 1. [No person shall render medical care or conduct inde-
pendent medical examinations under this chapter without such authori-
zation by the chair.] ANY PROVIDER AS DEFINED IN PARAGRAPH (M) OF THIS
S. 9005--A 110 A. 10005--A
SUBDIVISION SHALL BE AUTHORIZED TO RENDER MEDICAL CARE OR TREATMENT
UNDER THIS CHAPTER. INDEPENDENT MEDICAL EXAMINATIONS MAY ONLY BE
PERFORMED BY A PHYSICIAN, PODIATRIST, CHIROPRACTOR, OR PSYCHOLOGIST
AUTHORIZED TO PERFORM SUCH EXAMINATIONS BY THE CHAIR, OR AS SPECIFIED IN
REGULATIONS. NO PROVIDER MAY CONDUCT INDEPENDENT MEDICAL EXAMINATIONS
UNLESS PERFORMED IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FOUR
OF SECTION THIRTEEN-A AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAP-
TER. As used in this [title] CHAPTER, the following definitions shall
have the following meanings unless their context requires otherwise:
(a) "Acupuncturist" shall mean licensed as having completed a formal
course of study and having passed an examination in accordance with the
education law, the regulations of the commissioner of education, and the
requirements of the board of regents. Acupuncturists are required by the
education law to advise, in writing, each patient of the importance of
consulting with a physician for the condition or conditions necessitat-
ing acupuncture care, as prescribed by the education law.
(b) "Chair" of the board shall mean either the chair or the chair's
designee.
(c) "Chiropractor" shall mean licensed and having completed two years
of preprofessional college study and a four-year resident program in
chiropractic in accordance with the education law, and consistent with
the licensing requirements of the commissioner of education.
(d) "Dentist" shall mean licensed and having completed a four-year
course of study leading to a D.D.S. or D.D.M. degree, or an equivalent
degree, in accordance with the education law and the licensing require-
ments of the commissioner of education.
(e) "Employer" shall mean a self-insured employer or, if insured, the
insurance carrier.
(f) "Independent medical examination" shall mean an examination
performed by a physician, podiatrist, chiropractor or psychologist,
authorized under this section to perform such examination, for the
purpose of examining or evaluating injury or illness [pursuant to] IN
ACCORDANCE WITH paragraph (b) of subdivision four of section thirteen-a
and section one hundred thirty-seven of this chapter and as more fully
set forth in regulation.
(g) "Nurse practitioner" shall mean a licensed registered professional
nurse certified pursuant to section sixty-nine hundred ten of the educa-
tion law acting within their lawful scope of practice.
(h) "Occupational therapist" shall mean licensed as having at least a
bachelor's or master's degree in occupational therapy from a registered
program with the education department or receipt of a diploma or degree
resulting from completion of not less than four years of postsecondary
study, which includes the professional study of occupational therapy in
accordance with the education law and the regulations of the commission-
er of education.
(i) "Physical therapist" shall mean licensed in accordance with the
education law and the licensing requirements of the commissioner of
education.
(j) "Physician" shall mean licensed with a degree of doctor of medi-
cine, M.D., or doctor of osteopathic medicine, D.O., or an equivalent
degree in accordance with the education law and the licensing require-
ments of the state board of medicine and the regulations of the commis-
sioner of education.
(k) "Physician assistant" shall mean a licensed provider who is
licensed as a physician assistant pursuant to section sixty-five hundred
forty-one of the education law.
S. 9005--A 111 A. 10005--A
(l) "Podiatrist" shall mean a doctor of podiatric medicine licensed as
having received a doctoral degree in podiatric medicine in accordance
with the regulations of the commissioner of education and the education
law, and must satisfactorily meet all other requirements of the state
board for podiatric medicine.
(m) ["Provider"] "AUTHORIZED PROVIDER" OR "PROVIDER" shall mean a duly
licensed acupuncturist, chiropractor, nurse practitioner, occupational
therapist, physical therapist, physician, physician assistant, podia-
trist, psychologist, or social worker [authorized by the chair] AS
DEFINED IN THIS SECTION WHO IS NOT CURRENTLY ON THE EXCLUSION LIST
PURSUANT TO SECTION THIRTEEN-D OF THIS ARTICLE.
(n) "Psychologist" shall mean licensed as having received a doctoral
degree in psychology from a program of psychology registered with the
state education department or the substantial equivalent thereof in
accordance with the education law, the requirements of the state board
for psychology, and the regulations of the commissioner of education.
(o) "Social worker" shall mean a licensed clinical social worker. A
licensed clinical social worker has completed a master's degree of
social work that includes completion of a core curriculum of at least
twelve credit hours of clinical courses or the equivalent post-graduate
clinical coursework, in accordance with the education law and the regu-
lations of the commissioner of education.
(p) "Physical therapist assistant" shall mean licensed in accordance
with the education law and the licensing requirements of the commission-
er of education.
(q) "Occupational therapy assistant" shall mean licensed in accordance
with the education law and the licensing requirements of the commission-
er of education.
(R) "EXCLUSION LIST" SHALL MEAN THE LIST PUBLISHED AND MAINTAINED BY
THE CHAIR IN ACCORDANCE WITH SECTION THIRTEEN-D OF THIS ARTICLE
LISTING PROVIDERS WHO ARE CURRENTLY DISQUALIFIED FROM RENDERING CARE
OR FROM PERFORMING INDEPENDENT MEDICAL EXAMINATIONS UNDER THIS CHAPTER.
2. Any provider [licensed pursuant to the education law to provide
medical care and treatment in the state of New York may render emergency
care and treatment in an emergency hospital or urgent care setting
providing emergency treatment under this chapter without authorization
by the chair under this section;] RENDERING MEDICAL CARE OR TREATMENT
UNDER THIS CHAPTER MUST COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS AND
GUIDANCE, INCLUDING ANY APPLICABLE NEW YORK MEDICAL TREATMENT GUIDELINES
AND THE OFFICIAL NEW YORK MEDICAL FEE SCHEDULE(S).
(a) Such [licensed] provider as identified in this subdivision who is
on staff at any hospital or urgent care center providing emergency
treatment may continue such medical care OR TREATMENT under this chapter
while an injured employee remains a patient in such hospital or urgent
care setting[; and].
(b) Under the direct supervision of an authorized provider, medical
care may be rendered by a registered nurse or other person trained in
laboratory or diagnostic techniques within the scope of such person's
specialized training and qualifications. This supervision shall be
evidenced by signed records of instructions for treatment and signed
records of the patient's condition and progress. Reports of such treat-
ment and supervision shall be made by such provider to the chair in the
format prescribed by the chair at such times as the chair may require.
(b-1) Under the direction and supervision of an authorized occupa-
tional therapist, occupational therapy services may be rendered by an
occupational therapy assistant. Under the direction and supervision of
S. 9005--A 112 A. 10005--A
an authorized physical therapist, physical therapy services may be
rendered by a physical therapist assistant. Where any such care or
treatment is rendered, records of the patient's condition and progress,
together with records of instruction for treatment, if any, shall be
maintained by the physical therapist or occupational therapist and by
the referring physician, physician assistant, podiatrist, or nurse prac-
titioner. Said records shall be submitted to the chair on forms and at
such times as the chair may require.
(b-2) Under the supervision of any authorized provider, any resident
or fellow who may practice medicine as an exempt person as provided for
in title eight of the education law, may render medical care OR TREAT-
MENT under this chapter so long as the supervisory requirements of the
education law are met and neither the supervising provider nor resident
or fellow have been prohibited from treating workers' compensation
claimants pursuant to section thirteen-d of this article.
(c) Where it would place an unreasonable burden upon the employer or
carrier to arrange for, or for the claimant to attend, an independent
medical examination by [an authorized] A provider[,] AUTHORIZED TO
PERFORM INDEPENDENT MEDICAL EXAMINATIONS IN ACCORDANCE WITH PARAGRAPH
(B) OF SUBDIVISION FOUR OF SECTION THIRTEEN-A OF THIS ARTICLE AND
SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER, the employer or carri-
er shall arrange for such examination to be performed by a qualified
provider in a medical facility convenient to the claimant.
(d) Upon the prescription or referral of [an authorized] A physician,
physician assistant, podiatrist, or nurse practitioner WHO IS NOT
CURRENTLY ON THE EXCLUSION LIST PURSUANT TO SECTION THIRTEEN-D OF THIS
ARTICLE acting within the scope of [his or her] THEIR practice, MEDICAL
care or treatment may be rendered to an injured employee by [an author-
ized] A physical therapist, occupational therapist or acupuncturist WHO
IS NOT CURRENTLY ON THE EXCLUSION LIST PURSUANT TO SECTION THIRTEEN-D OF
THIS ARTICLE provided the conditions and the treatment performed are
among the conditions that the physical therapist, occupational therapist
or acupuncturist is authorized to treat pursuant to the education law or
the regulations of the commissioner of education. Where any such MEDICAL
care or treatment is rendered, records of the patient's condition and
progress, together with records of instruction for treatment, if any,
shall be maintained by the physical therapist, occupational therapist or
acupuncturist rendering treatment and by the referring physician, physi-
cian assistant, podiatrist, or nurse practitioner. Said records shall be
submitted to the chair on forms and at such times as the chair may
require.
(e) A record, report or opinion of a physical therapist, occupational
therapist, acupuncturist or physician assistant shall not be considered
as evidence of the causal relationship of any condition to a work
related accident or occupational disease under this chapter. Nor may a
record, report or opinion of a physical therapist, occupational thera-
pist or acupuncturist be considered evidence of disability. Nor may a
record, report or opinion of a physician assistant be considered
evidence of the presence of a permanent or initial disability or the
degree thereof.
(f) An independent medical examination performed in accordance with
section one hundred thirty-seven of this chapter, may only be performed
by a physician, podiatrist, chiropractor or psychologist authorized to
perform such examinations by the chair, or as specified in regulation,
when qualified by the board.
S. 9005--A 113 A. 10005--A
3. [A provider] IN ORDER TO PERFORM INDEPENDENT MEDICAL EXAMINATIONS
IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION THIR-
TEEN-A AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER, A PHYSI-
CIAN, PODIATRIST, CHIROPRACTOR, OR PSYCHOLOGIST properly licensed or
certified pursuant to the regulations of the commissioner of education
and the requirements of the education law [desirous of being authorized
to render medical care under this chapter and/or to conduct independent
medical examinations in accordance with paragraph (b) of subdivision
four of section thirteen-a and section one hundred thirty-seven of this
chapter] shall file an application for authorization under this chapter
with the chair or chair's designee IN THE FORMAT PRESCRIBED BY THE
CHAIR. [Prior to receiving authorization, a physician must, together
with submission of an application to the chair, submit such application
to the medical society of the county in which the physician's office is
located or of a board designated by such county society or of a board
representing duly licensed physicians of any other school of medical
practice in such county, and such medical society shall submit the
recommendation to the board. In the event such county society or board
fails to take action upon a physician's completed and signed application
within forty-five days, the chair may complete review of the application
without such approval. Upon approval of the application by the chair or
the chair's designee, the applicant shall further agree to refrain from
subsequently treating for remuneration, as a private patient, any person
seeking medical treatment, or submitting to an independent medical exam-
ination, in connection with, or as a result of, any injury compensable
under this chapter, if he or she has been removed from the list of
providers authorized to render medical care or to conduct independent
medical examinations under this chapter, or if the person seeking such
treatment, or submitting to an independent medical examination, has been
transferred from his or her care in accordance with the provisions of
this chapter. This agreement shall run to the benefit of the injured
person so treated or examined, and shall be available to him or her as a
defense in any action by such provider for payment for treatment
rendered by a provider after he or she has been removed from the list of
providers authorized to render medical care or to conduct independent
medical examinations under this chapter, or after the injured person was
transferred from his or her care in accordance with the provisions of
this chapter.]
4. Laboratories and bureaus engaged in x-ray diagnosis or treatment or
in physiotherapy or other therapeutic procedures and which participate
in the diagnosis or treatment of injured workers under this chapter
shall be operated or supervised by providers authorized under this chap-
ter and shall be subject to the provisions of section thirteen-c of this
article. The person in charge of diagnostic clinical laboratories duly
authorized under this chapter shall possess the qualifications estab-
lished by the public health and health planning council for approval by
the state commissioner of health or, in the city of New York, the quali-
fications approved by the board of health of said city and shall main-
tain the standards of work required for such approval.
§ 3. Section 13-d of the workers' compensation law, as amended by
section 2 of part CC of chapter 55 of the laws of 2019, is amended to
read as follows:
§ 13-d. [Removal of providers from lists of those authorized to render
medical care or to conduct independent medical examinations] PLACEMENT
OF PROVIDERS ON THE EXCLUSION LIST. 1. [The medical society of the coun-
ty in which the physician's office is located at the time or a board
S. 9005--A 114 A. 10005--A
designated by such county society or a board representing duly licensed
physicians of any other school of medical practice in such county shall
investigate, hear and make findings with respect to all charges as to
professional or other misconduct of any authorized physician as herein
provided under rules and procedure to be prescribed by the medical
appeals unit, and shall report evidence of such misconduct, with their
findings and recommendation with respect thereto, to the chair. Failure
to commence such investigation within sixty days from the date the
charges are referred to the society by the chair or submit findings and
recommendations relating to the charges within one hundred eighty days
from the date the charges are referred shall empower the chair to
appoint, as a hearing officer, a member of the board, employee, or other
qualified hearing officer to hear and report on the charges to the
chair. A qualified hearing officer, who is neither a member of the
board, or employee thereof shall be paid at a reasonable per diem rate
to be fixed by the chair.
Such investigation, hearing, findings, recommendation and report may
be made by the society or board of an adjoining county upon the request
of the medical society of the county in which the alleged misconduct or
infraction of this chapter occurred, subject to the time limit and
conditions set forth herein. The medical appeals unit shall review the
findings and recommendation of such medical society or board, or hearing
officer appointed by the chair upon application of the accused physician
and may reopen the matter and receive further evidence. The findings,
decision and recommendation of such society, board or hearing officer
appointed by the chair or medical appeals unit shall be advisory to the
chair only, and shall not be binding or conclusive upon him or her.] IN
ACCORDANCE WITH THIS SECTION, THE CHAIR SHALL PUBLISH AND MAINTAIN AN
EXCLUSION LIST OF PROVIDERS CURRENTLY DISQUALIFIED FROM RENDERING
MEDICAL CARE OR TREATMENT UNDER THIS CHAPTER OR DISQUALIFIED FROM
CONDUCTING INDEPENDENT MEDICAL EXAMINATIONS IN ACCORDANCE WITH PARAGRAPH
(B) OF SUBDIVISION FOUR OF SECTION THIRTEEN-A AND SECTION ONE HUNDRED
THIRTY-SEVEN OF THIS CHAPTER.
2. [The chair shall remove from the list of providers authorized to
render medical care under this chapter, or to conduct independent
medical examinations in accordance with paragraph (b) of subdivision
four of section thirteen-a of this article,] THE EXCLUSION LIST SHALL
INCLUDE the name of any provider who [he or she shall find] IS FOUND
after reasonable investigation [is] TO BE disqualified because such
provider:
(a) has been guilty of professional or other misconduct or incompeten-
cy in connection with rendering medical services under the law; or
(b) has exceeded the limits of [his or her] THEIR professional compe-
tence in rendering medical care OR TREATMENT or in conducting independ-
ent medical examinations under the law, or has, AS APPLICABLE, made
materially false statements regarding [his or her] THEIR qualifications
in [his or her] THEIR application [for the recommendation of the medical
society or board as provided in section thirteen-b of this article]; or
(c) has failed to transmit copies of medical reports to claimant's
attorney or licensed representative as provided in subdivision (f) of
section thirteen of this article; or has failed to submit full and
truthful medical reports of all [his or her] THEIR findings to the
employer, and directly to the chair or the board within the time limits
provided in subdivision four of section thirteen-a of this article with
the exception of injuries which do not require (1) more than ordinary
first aid or more than two treatments by a provider or person rendering
S. 9005--A 115 A. 10005--A
first aid, or (2) loss of time from regular duties of one day beyond the
working day or shift; or
(d) knowingly made a false statement or representation as to a materi-
al fact in any medical report, OR IN ANY SUBMISSION TO THE BOARD, made
pursuant to this chapter or in testifying or otherwise providing infor-
mation for the purposes of this chapter; or
(e) has solicited, or has employed another to solicit for [himself or
herself] EITHER THE PROVIDER'S OWN BENEFIT THEMSELF or for another,
professional treatment, examination or care of an injured employee in
connection with any claim under this chapter; or
(f) has refused to appear before, to testify, to submit to a deposi-
tion, or to answer upon request of, the chair, board, [medical appeals
unit] or any duly authorized officer of the state, any legal question,
or to produce any relevant book or paper concerning [his or her] THEIR
conduct [under any authorization granted to him or her] IN RENDERING
MEDICAL CARE OR TREATMENT OR IN THE PERFORMANCE OF AN INDEPENDENT
MEDICAL EXAMINATION under this chapter, INCLUDING WHEN A PROVIDER HAS
ACCEPTED PAYMENTS FROM BOTH THE HEALTH INSURER AND EMPLOYER OR CARRIER
AND FAILED TO REIMBURSE THE HEALTH INSURER AFTER THEY ARE GIVEN NOTICE;
or
(g) has directly or indirectly requested, received or participated in
the division, transference, assignment, rebating, splitting or refunding
of a fee for, or has directly or indirectly requested, received or prof-
ited by means of a credit or other valuable consideration as a commis-
sion, discount or gratuity in connection with the furnishing of medical
or surgical care, an independent medical examination, diagnosis or
treatment or service, including X-ray examination and treatment, or for
or in connection with the sale, rental, supplying or furnishing of clin-
ical laboratory services or supplies, X-ray laboratory services or
supplies, inhalation therapy service or equipment, ambulance service,
hospital or medical supplies, physiotherapy or other therapeutic service
or equipment, artificial limbs, teeth or eyes, orthopedic or surgical
appliances or supplies, optical appliances, supplies or equipment,
devices for aid of hearing, drugs, medication or medical supplies, or
any other goods, services or supplies prescribed for medical diagnosis,
care or treatment, under this chapter; except that reasonable payment,
not exceeding the technical component fee permitted in the medical fee
schedule, established under this chapter for X-ray examinations, diagno-
sis or treatment, may be made by a provider duly authorized as a roent-
genologist to any hospital furnishing facilities and equipment for such
examination, diagnosis or treatment, provided such hospital does not
also submit a charge for the same services. Nothing contained in this
paragraph shall prohibit such providers who practice as partners, in
groups or as a professional corporation or as a university faculty prac-
tice corporation from pooling fees and moneys received, either by the
partnership, professional corporation, university faculty practice
corporation or group by the individual members thereof, for professional
services furnished by any individual professional member, or employee of
such partnership, corporation or group, nor shall the professionals
constituting the partnerships, corporations, or groups be prohibited
from sharing, dividing or apportioning the fees and moneys received by
them or by the partnership, corporation or group in accordance with a
partnership or other agreement[.]; OR
(H) HAS DEMONSTRATED A REPEATED FAILURE TO FOLLOW THE LAWS OF THIS
CHAPTER AND APPLICABLE LAWS, REGULATIONS, AND GUIDANCE, INCLUDING ANY
S. 9005--A 116 A. 10005--A
APPLICABLE NEW YORK MEDICAL TREATMENT GUIDELINES AND THE OFFICIAL NEW
YORK MEDICAL FEE SCHEDULE(S); OR
(I) HAS MISREPRESENTED THEIR CREDENTIALS; OR
(J) HAS FAILED TO TIMELY COMPLETE ANY TRAININGS REQUIRED BY THE CHAIR;
OR
(K) HAD PREVIOUSLY LOST THE PRIVILEGE TO TREAT INJURED WORKERS BY
BEING SUSPENDED, REMOVED, DENIED AUTHORIZATION, OR BY VOLUNTARILY
RESIGNING THEIR AUTHORIZATION UNDER THIS CHAPTER PRIOR TO JANUARY FIRST,
TWO THOUSAND TWENTY-EIGHT, AND WHOSE AUTHORIZATION HAD NOT BEEN RESTORED
PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT.
3. Any person who violates or attempts to violate, and any person who
aids another to violate or attempts to induce [him or her] THEM to
violate the provisions of paragraph (g) of subdivision two of this
section shall be guilty of a misdemeanor.
4. Nothing in this section shall be construed as limiting in any
respect the power or duty of the chair to investigate instances of
misconduct, either before or after investigation by a medical society or
board as herein provided, or to [temporarily suspend the authorization
of] ADD any provider TO THE EXCLUSION LIST that [he or she] THE CHAIR OR
THE CHAIR'S DESIGNEE may believe to be guilty of such misconduct.
5. Whenever the department of health or the department of education
shall conduct an investigation with respect to charges of professional
or other misconduct by a provider which results in a report, determi-
nation or consent order that includes a finding of professional or other
misconduct or incompetency by such provider, the chair shall have full
power and authority to [temporarily suspend, revoke or otherwise limit
the authorization under this chapter of] ADD any provider TO THE EXCLU-
SION LIST upon such finding by the department of health or the depart-
ment of education that the provider has been guilty of professional or
other misconduct. The recommendations of the department of health or the
department of education shall be advisory to the chair only and shall
not be binding or conclusive upon the chair.
6. THE CHAIR MAY PROMULGATE REGULATIONS TO EFFECTUATE THE PUBLICATION
AND MAINTENANCE OF THE EXCLUSION LIST. PROVIDERS ON THE EXCLUSION LIST
MAY PETITION THE BOARD TO BE TAKEN OFF THE EXCLUSION LIST IN A FORMAT
PRESCRIBED BY THE CHAIR.
§ 4. Section 13-f of the workers' compensation law, as amended by
chapter 113 of the laws of 1946, subdivision 1 as amended by chapter 353
of the laws of 1990, subdivision 2 as amended by chapter 539 of the laws
of 1964, is amended to read as follows:
§ 13-f. Payment of medical fees. (1) Fees for medical services shall
be payable only to a [physician or other qualified person] PROVIDER
permitted by [sections] SECTION thirteen-b[, thirteen-k, thirteen-l and
thirteen-m] of this [chapter] ARTICLE or other authorized provider of
health care under the education law or the public health law permitted
to render medical care or treatment under this chapter, or to the agent,
executor or administrator of the estate of such [physician] PROVIDER or
such other qualified person. Except as provided in section thirteen-d
of this [chapter] ARTICLE, no provider of health care rendering medical
care or treatment to a compensation claimant, shall collect or receive a
fee from such claimant within this state, but shall have recourse for
payment of services rendered only to the employer under the provisions
of this chapter. Any compensation claimant who pays a fee to a provider
of health care for medical care or treatment under this chapter shall
have a cause of action against such provider of health care for the
recovery of the money paid, which cause of action may be assigned to the
S. 9005--A 117 A. 10005--A
chair in trust for the assigning claimant. All such assignments shall
run to the chair. The chair may sue the physician, or other authorized
provider of health care as herein described on the assigned cause of
action with the benefits and subject to the provisions of existing law
applying to such actions by the claimant [himself or herself]. Hospi-
tals shall not be entitled to receive the remuneration paid to [physi-
cians] PROVIDERS on their staff for medical and surgical services.
(2) Whenever [his] THEIR attendance at a hearing is required, the
[physician] PROVIDER of the injured employee shall be entitled to
receive a fee from the employer, or carrier, in an amount to be fixed by
the board in addition to any fee payable under section eight thousand
one of the civil practice law and rules.
§ 5. Section 13-k of the workers' compensation law is REPEALED.
§ 6. Section 13-l of the workers' compensation law is REPEALED.
§ 7. Section 13-m of the workers' compensation law is REPEALED.
§ 8. Subdivision 1 of section 13-n of the workers' compensation law,
as added by chapter 473 of the laws of 2000, is amended to read as
follows:
1. Any entity which derives income from independent medical examina-
tions performed in accordance with subdivision four of section thir-
teen-a[, subdivision three of section thirteen-k, subdivision three of
section thirteen-1 and subdivision four of section thirteen-m] of this
article AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER, whether by
employing or contracting with independent examiners to conduct such
independent medical examinations or by acting as a referral service or
otherwise facilitating such examinations, shall register with the chair
by filing a statement of registration containing such information
prescribed by the chair in regulation. A fee may be imposed in accord-
ance with regulations promulgated by the chair. Any such fees collected
shall be used for the purpose of administering this section.
§ 9. Section 141 of the workers' compensation law, as amended by chap-
ter 6 of the laws of 2007, is amended to read as follows:
§ 141. General powers and duties of the chair. The chair shall be the
administrative head of the workers' compensation board and shall exer-
cise the powers and perform the duties in relation to the administration
of this chapter heretofore vested in the commissioner of labor by chap-
ter fifty of the laws of nineteen hundred twenty-one, and acts amendato-
ry thereof, and by this chapter excepting article six thereof, and
except in so far as such powers and duties are vested by this chapter in
the workers' compensation board. The chair shall preside at all meetings
of the board and shall appoint all committees and panels of the board;
shall designate the times and places for the hearing of claims under
this chapter and shall perform all administrative functions of the board
as in this chapter set forth. The chair, in the name of the board, shall
enforce all the provisions of this chapter, and may make administrative
regulations and orders providing for the receipt, indexing and examining
of all notices, claims and reports, for the giving of notice of hearings
and of decisions, for certifying of records, for the fixing of the times
and places for the hearing of claims, and for providing for the conduct
of hearings and establishing of calendar practice to the extent not
inconsistent with the rules of the board. The chair shall issue and may
revoke certificates of authorization of physicians, chiropractors [and],
podiatrists [as provided in sections thirteen-a, thirteen-k and thir-
teen-1 of this chapter, and licenses for medical bureaus and x-ray and
other laboratories under the provisions of section thirteen-c of this
chapter], AND PSYCHOLOGISTS TO PERFORM INDEPENDENT MEDICAL EXAMINATIONS
S. 9005--A 118 A. 10005--A
IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION THIR-
TEEN-A AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER, AND
LICENSES FOR MEDICAL BUREAUS AND X-RAY AND OTHER LABORATORIES UNDER THE
PROVISIONS OF SECTION THIRTEEN-C OF THIS CHAPTER, SHALL PUBLISH AND
MAINTAIN AN EXCLUSION LIST, IN ACCORDANCE WITH SECTION THIRTEEN-D OF
THIS CHAPTER, FOR PROVIDERS AS DEFINED IN SECTION THIRTEEN-B OF THIS
CHAPTER CURRENTLY DISQUALIFIED FROM PROVIDING MEDICAL CARE OR FROM
PERFORMING INDEPENDENT MEDICAL EXAMINATIONS IN ACCORDANCE WITH PARAGRAPH
(B) OF SUBDIVISION FOUR OF SECTION THIRTEEN-A AND SECTION ONE HUNDRED
THIRTY-SEVEN OF THIS CHAPTER, MAY DEVELOP AND REQUIRE TRAININGS FOR
PROVIDERS AS DEFINED IN SECTION THIRTEEN-B OF THIS CHAPTER, issue stop
work orders as provided in section one hundred forty-one-a of this arti-
cle, and shall have and exercise all powers not otherwise provided for
herein in relation to the administration of this chapter heretofore
expressly conferred upon the commissioner of labor by any of the
provisions of this chapter, or of the labor law. The chair, on behalf of
the workers' compensation board, shall enter into the agreement provided
for in section one hundred seventy-one-h of the tax law, and shall take
such other actions as may be necessary to carry out the agreement
provided for in such section for matching beneficiary records of work-
ers' compensation with information provided by employers to the state
directory of new hires for the purposes of verifying eligibility for
such benefits and for administering workers' compensation.
§ 10. Subdivision 5 of section 220 of the workers' compensation law,
as amended by section 18 of part SS of chapter 54 of the laws of 2016,
is amended to read as follows:
5. In addition to other penalties herein provided, the chair or desig-
nee shall [remove from the list of physicians authorized to render
medical care under the provisions of articles one to eight, inclusive,
of this chapter and from the list of podiatrists authorized to render
podiatric care under section thirteen-k of this chapter, and from the
list of chiropractors authorized to render chiropractic care under
section thirteen-l of this chapter] PLACE ON THE EXCLUSION LIST PURSUANT
TO SECTION THIRTEEN-D OF THIS CHAPTER the name of any physician or
podiatrist or chiropractor whom the chair or designee, pursuant to
section two hundred twenty-one of this article, shall find, after
reasonable investigation, has submitted to the employer or carrier or
chair in connection with any claim for disability benefits under this
article, a statement of disability that is not truthful and complete.
§ 11. Section 232 of the workers' compensation law, as amended by
section 27 of part SS of chapter 54 of the laws of 2016, is amended to
read as follows:
§ 232. Fees for testimony of physicians, podiatrists, chiropractors,
dentists, psychologists and health care providers. Whenever [his or her]
THEIR attendance at a hearing, deposition or arbitration before the
board or the chair's designee, pursuant to section two hundred twenty-
one of this article, is required, the attending physician or attending
podiatrist or attending chiropractor or attending dentist or attending
psychologist or attending certified nurse midwife of the disabled
employee, [except such physicians as are disqualified from testifying
pursuant to subdivision one of section thirteen-b, or section nineteen-a
of this chapter, and except such podiatrists as are disqualified from
testifying under the provisions of section thirteen-k, and except such
chiropractors as are disqualified from testifying under the provisions
of section thirteen-l, and except such psychologists as are disqualified
from testifying under the provisions of section thirteen-m,] or health
S. 9005--A 119 A. 10005--A
care provider shall be entitled to receive a fee in accordance with
regulations of the chair.
§ 12. This act shall take effect January 1, 2028.
PART Y
Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of
section 112 of the state finance law, as amended by chapter 17 of the
laws of 2023, is amended to read as follows:
(i) Before any contract: (1) made for or by any state agency, depart-
ment, board, officer, commission, or institution, except the office of
general services or its customer agencies serviced by the office of
general services business services center, shall be executed or become
effective, whenever such contract exceeds [fifty] THREE HUNDRED thousand
dollars in amount, it shall first be approved by the office of the comp-
troller and filed in [his or her] SUCH COMPTROLLER'S office; (2) made
for or by the office of general services, whether for itself or for its
customer agencies serviced by the office of general services business
services center, shall be executed or become effective, whenever such
contract exceeds [eighty-five] THREE HUNDRED thousand dollars in amount,
it shall first be approved by the comptroller and filed in [his or her]
SUCH COMPTROLLER'S office; or (3) established as a centralized contract
through the office of general services shall be executed or become
effective, whenever such contract exceeds [one] THREE hundred [twenty-
five] thousand dollars in amount, it shall first be approved by the
comptroller and filed in [his or her] SUCH COMPTROLLER'S office;
provided, however, [before] any purchase order or other procurement
transaction issued under such centralized contract[, which exceeds two
hundred thousand dollars in amount shall be executed or become effec-
tive, it] shall [first] NOT NEED TO be approved by the comptroller [and
filed in his or her office]. Provided, further, however, that with the
exception of contracts identified in subparagraph (ii) of this paragraph
the comptroller shall make a final written determination with respect to
approval of such contract within ninety days of the submission of such
contract to [his or her] SUCH COMPTROLLER'S office unless the comp-
troller shall notify, in writing, the state agency, department, board,
officer, commission, or institution, prior to the expiration of the
ninety day period, and for good cause, of the need for an extension of
not more than fifteen days, or a reasonable period of time agreed to by
such state agency, department, board, officer, commission, or institu-
tion and provided, further, that such written determination or extension
shall be made part of the procurement record pursuant to paragraph f of
subdivision one of section one hundred sixty-three of this chapter.
§ 2. Subdivision 6 of section 163 of the state finance law, as amended
by chapter 110 of the laws of 2024, paragraph (d) as amended by section
1 of part MM of chapter 58 of the laws of 2025, is amended to read as
follows:
6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council:
(a) the commissioner may purchase services and commodities for the
office of general services or its customer agencies serviced by the
office of general services business services center in an amount not
exceeding [eighty-five] THREE HUNDRED thousand dollars without a formal
competitive process;
S. 9005--A 120 A. 10005--A
(b) state agencies may purchase services and commodities in an amount
not exceeding [fifty] THREE HUNDRED thousand dollars without a formal
competitive process;
(c) state agencies may purchase commodities or services from small
business concerns, or commodities or technology that are recycled or
remanufactured in an amount not exceeding five hundred thousand dollars
without a formal competitive process;
(d) state agencies may purchase commodities or services from those
certified pursuant to article fifteen-A of the executive law and article
three of the veterans' services law in an amount not exceeding one
million five hundred thousand dollars without a formal competitive proc-
ess; and
(e) state agencies may purchase commodities that are food, including
milk and milk products, or animal or plant fiber products, grown,
produced, harvested, or processed in New York state or textile products
manufactured from animal or plant fiber grown or produced predominantly
in New York state in an amount not to exceed [two] THREE hundred thou-
sand dollars without a formal competitive process.
§ 3. Subdivision 6-a of section 163 of the state finance law, as
amended by chapter 257 of the laws of 2021, is amended to read as
follows:
6-a. Discretionary purchases. Notwithstanding the provisions of subdi-
vision two of section one hundred twelve of this chapter relating to the
dollar threshold requiring the state comptroller's approval of
contracts, the commissioner of general services may make purchases or
enter into contracts for the acquisition of commodities and services for
the office of general services or its customer agencies serviced by the
office of general services business services center having a value not
exceeding [eighty-five] THREE HUNDRED thousand dollars without prior
approval by any other state officer or agency in accordance with proce-
dures and requirements set forth in this article.
§ 4. Subdivision 6-c of section 163 of the state finance law, as
amended by chapter 572 of the laws of 2022, is amended to read as
follows:
6-c. Pursuant to the authority provided in subdivision six of this
section, for the purchase of commodities that are food, including milk
and milk products, or animal or plant fiber products, grown, produced,
harvested, or processed in New York state or textile products manufac-
tured from animal or plant fiber grown or produced predominantly in New
York state, where such commodities exceed [fifty] THREE HUNDRED thousand
dollars in value, state agencies must advertise the discretionary
purchase on the state agency website for a reasonable period of time and
make the discretionary purchase based on the lowest price that meets the
state agency's form, function and utility.
§ 5. Subdivision 8 of section 163 of the state finance law, as amended
by section 12 of part L of chapter 55 of the laws of 2012, is amended to
read as follows:
8. Public notice. All procurements by state agencies, including, with-
out limitation, the state university of New York and the city university
of New York, in excess of [fifty] THREE HUNDRED thousand dollars shall
be advertised in the state's procurement opportunities newsletter in
accordance with article four-C of the economic development law.
§ 6. Subdivision 3 of section 141 of the economic development law, as
amended by section 14 of part L of chapter 55 of the laws of 2012, is
amended to read as follows:
S. 9005--A 121 A. 10005--A
3. "Procurement contract" shall mean any written agreement entered
into by an agency for the acquisition of goods, services, or
construction of any kind in the actual or estimated amount of [fifty]
THREE HUNDRED thousand dollars or more. The term does not include an
agreement for employment in the civil service.
§ 7. Section 146 of the economic development law, as amended by chap-
ter 173 of the laws of 2014, is amended to read as follows:
§ 146. Approval of comptroller. The comptroller shall not approve or
file any procurement contract for the acquisition of goods or services
in the amount of [fifty] THREE HUNDRED thousand dollars or more unless
notice as provided in section one hundred forty-two of this article
shall first have been published in the procurement opportunities news-
letter at least fifteen business days prior to the date on which a bid
or proposal was due. Provided, however, such requirement of publication
of advance notice shall not apply to contracts exempt from such require-
ment under section one hundred forty-four of this article; provided
further, that the comptroller shall not be required to disapprove a
contract if [he or she] SUCH COMPTROLLER determines that there has been
substantial compliance with the requirements of section one hundred
forty-two and section one hundred forty-three of this article. The fore-
going provisions of this section shall not be construed to limit, in any
manner, the right of the comptroller to demand evidence of adequate
competition or such other proofs as [he or she] SUCH COMPTROLLER may
require in the discharge of [his or her] SUCH COMPTROLLER'S responsibil-
ities pursuant to section one hundred twelve of the state finance law or
any other provision of law.
§ 8. Paragragh b of subdivision 16 of section 355 of New York State
Education Law, as amended by section 3 of chapter 17 of the laws of
2023, is amended to read as follows:
b. (i) Notwithstanding the provisions of subdivision two of section
one hundred twelve of the state finance law relating to the dollar
threshold requiring the comptroller's approval of contracts and subdivi-
sion six of section one hundred sixty-three of the state finance law,
authorize contracts for the purchase of goods and services for state
university health care facilities:
(A) for any contract which does not exceed [one hundred fifty] THREE
HUNDRED thousand dollars; or
(B) for joint or group purchasing arrangements which do not exceed
[one hundred fifty] THREE HUNDRED thousand dollars without prior
approval by any other state officer or agency in accordance with proce-
dures and requirements found in paragraph a of subdivision five of this
section.
§ 9. Subdivision 8 of section 376 of the New York State Education Law,
as amended by Chapter 56 of the laws of 2021 is amended to read as
follows:
All contracts which are to be awarded pursuant to this subdivision
shall be awarded by public letting in accordance with the following
provisions, notwithstanding any contrary provision of section one
hundred thirty-five, one hundred thirty-six, one hundred thirty-nine or
one hundred forty of the state finance law or any other law, provided,
however, that where the estimated expense of any contract which may be
awarded pursuant to this subdivision is less than [two hundred fifty]
THREE HUNDRED thousand dollars, a performance bond and a bond for the
payment of labor and material may, in the discretion of the fund, not be
required, and except that in the discretion of the fund, a contract may
be entered into for such purposes without public letting where the esti-
S. 9005--A 122 A. 10005--A
mated expense thereof is less than [twenty thousand] THREE HUNDRED THOU-
SAND dollars, or where in the judgment of the fund an emergency condi-
tion exists as a result of damage to an existing academic building,
dormitory or other facility which has been caused by an act of God, fire
or other casualty, or any other unanticipated, sudden and unexpected
occurrence, that has resulted in damage to or a malfunction in an exist-
ing academic building, dormitory or other facility and involves a press-
ing necessity for immediate repair, reconstruction or maintenance in
order to permit the safe continuation of the use or function of such
facility, or to protect the facility or the life, health or safety of
any person, and the nature of the work is such that in the judgment of
the fund it would be impractical and against the public interest to have
public letting; provided, however, that the fund, prior to awarding a
contract hereunder because of an emergency condition notify the comp-
troller of its intent to award such a contract:
§ 10. Paragraph a of subdivision 8 of section 376 of New York State
Education Law, as amended by section 2 of chapter 877 of the laws of
1990, is amended to read as follows:
a. If contracts are to be publicly let, the letting agency shall
advertise the invitation to bid in a newspaper published in the city of
Albany and in such other newspapers as will be most likely in its opin-
ion to give adequate notice to contractors of the work required and of
the invitation to bid provided, however, that where the estimated
expense of any contract which may be awarded pursuant to this subdivi-
sion is less than [fifty] THREE HUNDRED thousand dollars, the letting
agency may advertise the invitation to bid solely through the procure-
ment opportunities newsletter published pursuant to section one hundred
forty-two of the economic development law. The invitation to bid shall
contain such information as the letting agency shall deem appropriate
and a statement of the time and place where all bids received pursuant
to such notice will be publicly opened and read.
§ 11. Subdivision a of section 6218 of the New York State Education
Law, as amended by chapter 17 of the laws of 2023, is amended to read as
follows:
a. (i) purchase materials; proprietary electronic information
resources, including, but not limited to, academic, professional and
industry journals, reference handbooks and manuals, research tracking
tools, indexes and abstracts; and equipment and supplies, including
computer equipment and motor vehicles, where the amount for a single
purchase does not exceed [seventy-five thousand dollars] THREE HUNDRED
THOUSAND DOLLARS, (ii) execute contracts for services and construction
contracts to an amount not exceeding [seventy-five thousand dollars]
THREE HUNDRED THOUSAND DOLLARS, and (iii) contract for printing to an
amount not exceeding [seventy-five thousand dollars] THREE HUNDRED THOU-
SAND DOLLARS, without prior approval by any other state officer or agen-
cy, but subject to rules and regulations of the state comptroller not
otherwise inconsistent with the provisions of this section and in
accordance with the guidelines promulgated by the city university board
of trustees after consultation with the state comptroller. In addition,
the trustees are authorized to annually negotiate with the state comp-
troller increases in the aforementioned dollar limits and the exemption
of any articles, categories of articles, services, or commodities from
these limits. Guidelines promulgated by the city university board of
trustees shall, to the extent practicable, require that competitive
proposals be solicited for purchases, and shall include requirements
S. 9005--A 123 A. 10005--A
that purchases and contracts authorized under this section be at the
lowest available price.
§ 12. Subdivision 9 of section 6275 of New York State Education Law,
as amended by chapter 17 of the laws of 2023, is amended to read as
follows:
(9) to make and execute contracts, leases, subleases and all other
instruments or agreements necessary or convenient for the exercise of
its corporate powers and purposes to an amount not exceeding [seventy-
five thousand dollars] THREE HUNDRED THOUSAND DOLLARS without prior
approval by any other state officer or agency; notwithstanding the fore-
going, all contracts, leases, subleases, and all other instruments or
agreements exceeding [seventy-five thousand dollars] THREE HUNDRED THOU-
SAND DOLLARS in amount shall be subject to section one hundred twelve of
the state finance law;
§ 13. This act shall take effect immediately; provided, however, that
the amendments to section 163 of the state finance law, made by sections
two, three, four and five of this act, shall not affect the repeal of
such section and shall be deemed repealed therewith.
PART Z
Section 1. 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, is
amended to read as follows:
(e) (i) The first statement of registration filed annually by each
lobbyist for calendar years through two thousand three shall be accompa-
nied by a registration fee of fifty dollars except that no registration
fee shall be required of a public corporation. A fee of fifty dollars
shall be required for any subsequent statement of registration filed by
a lobbyist during the same calendar year; (ii) The first statement of
registration filed annually by each lobbyist for calendar year two thou-
sand four shall be accompanied by a registration fee of one 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 one hundred dollars shall be required for any subsequent state-
ment of registration filed by a lobbyist during the same calendar year;
(iii) The first statement of registration filed biennially by each
lobbyist for the first biennial registration requirements for calendar
years two thousand five and two thousand six [and thereafter,] THROUGH
THE THIRTY-FIRST DAY OF MARCH TWO THOUSAND TWENTY-SIX shall be accompa-
nied by a registration fee of two hundred dollars except that no regis-
tration 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 statement of registration filed by a
lobbyist during the same biennial period THROUGH THE THIRTY-FIRST DAY OF
MARCH TWO THOUSAND TWENTY-SIX; (iv) The statement of registration filed
after the due date of a biennial registration FOR CALENDAR YEARS TWO
THOUSAND FIVE AND TWO THOUSAND SIX THROUGH THE THIRTY-FIRST DAY OF MARCH
TWO THOUSAND TWENTY-SIX shall be accompanied by a registration fee that
is prorated to one hundred dollars for any SUCH registration filed after
S. 9005--A 124 A. 10005--A
January first of the second calendar year covered by the biennial
reporting requirement[.]; (V) BEGINNING WITH THE FIRST STATEMENT OF
REGISTRATION FILED BY EACH LOBBYIST ON OR AFTER THE FIRST DAY OF APRIL
TWO THOUSAND TWENTY-SIX AND THEREAFTER, THERE SHALL BE AN ANNUAL REGIS-
TRATION FEE OF TWO HUNDRED AND FIFTY DOLLARS FOR EACH CALENDAR YEAR IN
WHICH SUCH REGISTRATION REMAINS IN EFFECT, 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 REPORT-
ABLE COMPENSATION AND EXPENSES, AS PROVIDED IN PARAGRAPH FIVE OF SUBDI-
VISION (B) OF SECTION ONE-H OF THIS ARTICLE, FOR THE PURPOSES OF LOBBY-
ING OR OF A PUBLIC CORPORATION. AN ANNUAL REGISTRATION FEE OF TWO
HUNDRED FIFTY HUNDRED DOLLARS SHALL BE REQUIRED FOR ANY SUBSEQUENT
STATEMENT OF REGISTRATION FILED BY A LOBBYIST DURING THE SAME BIENNIAL
PERIOD AND FOR EACH CALENDAR YEAR IN WHICH SUCH REGISTRATION REMAINS IN
EFFECT; (VI) 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 stat-
ute 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.
§ 2. This act shall take effect immediately.
PART AA
Section 1. The executive law is amended by adding a new section 214-j
to read as follows:
§ 214-J. CRITICAL INCIDENT POLICY. 1. AS USED IN THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CRITICAL INCIDENT" SHALL MEAN THE FOLLOWING ACTIONS WHEN
PERFORMED BY A MEMBER OR EXPERIENCED BY A MEMBER IN THE COURSE OF OFFI-
CIAL DUTIES: (I) AN ACTION THAT DIRECTLY CAUSES SERIOUS PHYSICAL INJURY
OR DEATH TO ANOTHER PERSON OR MEMBER; (II) A DISCHARGE OF A FIREARM BY A
MEMBER DIRECTED AT ANOTHER PERSON; (III) A TRAFFIC ACCIDENT OR INCIDENT
INVOLVING A DIVISION VEHICLE, AIRCRAFT, OR VESSEL THAT RESULTS IN SERI-
OUS PHYSICAL INJURY OR DEATH; OR (IV) ANY OTHER INCIDENT DEEMED APPRO-
PRIATE BY THE SUPERINTENDENT OR THEIR DESIGNEE.
(B) "SERIOUS PHYSICAL INJURY" SHALL MEAN AN INJURY THAT, BASED ON THE
FACTS AND CIRCUMSTANCES REASONABLY KNOWN AT THE TIME OF THE INCIDENT,
APPEARS TO INVOLVE A SUBSTANTIAL RISK OF DEATH OR AN OBVIOUS AND SEVERE
IMPAIRMENT OF A MAJOR BODILY FUNCTION, SUCH THAT A REASONABLE PERSON
WOULD CONCLUDE THE INJURY IS LIFE-THREATENING OR SIGNIFICANTLY LIFE-AL-
TERING, WITHOUT REGARD TO LATER MEDICAL FINDINGS, PROGNOSIS, OR OUTCOME.
THE DETERMINATION OF A "SERIOUS PHYSICAL INJURY" SHALL BE MADE BY THE
SUPERINTENDENT OR THEIR DESIGNEE BASED ON THE OBSERVABLE CONDITIONS AND
AVAILABLE INFORMATION AT THE TIME THE SUPERVISOR ARRIVES AT THE SCENE OF
THE CRITICAL INCIDENT, AND SHALL NOT BE AFFECTED BY SUBSEQUENT MEDICAL
EVALUATION OR RECOVERY. "SERIOUS PHYSICAL INJURY" SHALL INCLUDE, BUT NOT
BE LIMITED TO, SUSPECTED SPINAL CORD INJURY OR PARALYSIS, SEVERE PENE-
TRATING HEAD INJURY, MASSIVE BLOOD LOSS, OR LOSS OF LIMB.
(C) "DIRECTLY INVOLVED" SHALL MEAN ANY MEMBER WHO WAS PHYSICALLY PRES-
ENT WITHIN THE IMMEDIATE PROXIMITY OF A CRITICAL INCIDENT AT THE TIME IT
OCCURRED AND WHOSE DIRECT EXPOSURE TO THE INCIDENT PLACED THE MEMBER
WITHIN THE IMMEDIATE ZONE OF OPERATIONAL ENGAGEMENT, REGARDLESS OF
WHETHER THE MEMBER DISCHARGED A WEAPON OR OTHERWISE USED FORCE.
S. 9005--A 125 A. 10005--A
(D) "PRIMARY MEMBER" MEANS ANY DIRECTLY INVOLVED MEMBER WHO JUSTIFI-
ABLY USED DEADLY PHYSICAL FORCE DURING THE CRITICAL INCIDENT, OR WHOSE
ACTIONS DURING THE CRITICAL INCIDENT APPEAR TO BE THE MOST IMMEDIATE AND
SUBSTANTIAL CAUSE OF DEATH OR SERIOUS PHYSICAL INJURY TO A PERSON.
2. THE SUPERINTENDENT SHALL DEVELOP, MAINTAIN, AND DISSEMINATE TO ALL
MEMBERS OF THE DIVISION OF STATE POLICE A CRITICAL INCIDENT PAID LEAVE
POLICY THAT PROVIDES FOR PAID CRITICAL INCIDENT LEAVE IN ACCORDANCE WITH
THIS SECTION.
3. SUCH CRITICAL INCIDENT PAID LEAVE POLICY SHALL GUARANTEE: (A) PAID
CRITICAL INCIDENT LEAVE OF AT LEAST TWENTY CALENDAR DAYS FOR ANY PRIMARY
MEMBER WHOSE OFFICIAL ACTIONS WERE THE DIRECT AND PROXIMATE CAUSE OF THE
DEATH OF ANOTHER PERSON; (B) PAID CRITICAL INCIDENT LEAVE OF AT LEAST
TEN CALENDAR DAYS FOR ANY OTHER MEMBER DIRECTLY INVOLVED IN THE CRITICAL
INCIDENT; AND (C) PAID CRITICAL INCIDENT LEAVE UNDER SUCH OTHER CIRCUM-
STANCES THE SUPERINTENDENT OR THEIR DESIGNEE DETERMINES APPROPRIATE.
SUCH LEAVE SHALL CONSTITUTE A SEPARATE CATEGORY OF LEAVE AND SHALL NOT
COUNT AGAINST VACATION, SICK, OR PERSONAL LEAVE ACCRUALS. SUCH LEAVE,
WHERE APPROPRIATE, SHALL BE DESIGNATED AS FAMILY AND MEDICAL LEAVE ACT
AND/OR COUNT AGAINST A MEMBER'S WORKERS COMPENSATION LEAVE ENTITLEMENT.
4. CRITICAL INCIDENT PAID LEAVE SHALL BEGIN AS SOON AS POSSIBLE AFTER
THE CRITICAL INCIDENT, PROVIDED THAT INITIAL SUPERVISORY INQUIRIES OF
THE INVOLVED MEMBERS SHALL OCCUR BEFORE LEAVE COMMENCES. CRITICAL INCI-
DENT LEAVE MAY ONLY BE DELAYED TO ENSURE MINIMUM NECESSARY STAFFING
LEVELS OR PROTECT COMMUNITY SAFETY. DELAYS SHALL ONLY BE AS LONG AS
NECESSARY TO ADDRESS SUCH CONCERNS. UPON AGREEMENT OF THE MEMBER AND THE
SUPERINTENDENT OR THEIR DESIGNEE, THE MEMBER SHALL BE ALLOWED TO RETURN
TO DUTY PRIOR TO THE COMPLETION OF THE PERIOD OF CRITICAL INCIDENT
LEAVE.
5. IN ANY CASE WHERE CRITICAL INCIDENT PAID LEAVE HAS BEEN MADE TO A
MEMBER, AND IT IS THEREAFTER DETERMINED THAT A CRITICAL INCIDENT DID NOT
OCCUR OR THAT THE MEMBER'S ACTIONS THAT RESULTED IN THE SERIOUS PHYSICAL
INJURY OR DEATH OF ANOTHER PERSON WERE NOT JUSTIFIED, THE SUPERINTENDENT
OR THEIR DESIGNEE MAY ORDER THE DEDUCTION OF EQUIVALENT VACATION OR
PERSONAL LEAVE DAYS AND/OR THE WITHHOLDING OF FUTURE PAID LEAVE TO SUCH
MEMBER, PROVIDED THAT THE AMOUNT OF DAYS DEDUCTED AND/OR WITHHELD SHALL
NOT BE MORE THAN THE CRITICAL INCIDENT PAID LEAVE DAYS THAT WERE
ORIGINALLY PROVIDED.
6. THE SUPERINTENDENT SHALL BE PROHIBITED FROM TAKING ANY PUNITIVE
ADMINISTRATIVE ACTION AGAINST ANY MEMBER GRANTED CRITICAL INCIDENT LEAVE
UNDER THIS SECTION SOLELY ON THE BASIS OF THE PROVISION OF SUCH LEAVE
UNLESS THE LEAVE WAS PROVIDED, AT LEAST IN PART, BASED UPON THE MEMBER'S
FRAUD, DECEIT, OR MISREPRESENTATION.
7. THE SUPERINTENDENT IS AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS TO IMPLEMENT, ADMINISTER, AND ENFORCE THE PROVISIONS OF THIS
SECTION.
§ 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 BB
Section 1. Section 16 of chapter 1 of the laws of 2005 amending the
state finance law relating to restricting contacts in the procurement
process and the recording of contacts relating thereto, as amended by
S. 9005--A 126 A. 10005--A
section 1 of part SS of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 16. This act shall take effect immediately; provided, however, that
sections one, six, eight, nine, ten, eleven and fifteen of this act
shall take effect January 1, 2006; and provided, however, the amendments
to paragraph f of subdivision 9 of section 163 of the state finance law
made by section fifteen of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; provided, further, that
the amendments to article 1-A of the legislative law, made by this act,
shall not affect the repeal of such article pursuant to chapter 2 of the
laws of 1999, as amended, and shall be deemed repealed therewith;
provided, further, that sections thirteen and fourteen of this act shall
take effect January 1, 2006 and shall be deemed repealed July 31, [2026]
2031; provided, further, that effective immediately, the advisory coun-
cil on procurement lobbying created pursuant to section twelve of this
act shall be constituted no later than sixty days following the effec-
tive date of this act, provided that effective sixty days following the
effective date of this act, the advisory council on procurement lobbying
shall be authorized to establish model guidelines and to add, amend
and/or repeal any rules or regulations necessary for the implementation
of its duties under sections twelve and thirteen of this act, and the
advisory council authorized to make and complete such model guidelines
on or before the effective date of section thirteen of this act;
provided, further, that procurement contracts for which bid solicita-
tions have been issued prior to the effective date of this act shall be
awarded pursuant to the provisions of law in effect at the time of issu-
ance.
§ 2. Paragraph g of subdivision 1 of section 139-j of the state
finance law, as amended by chapter 4 of the laws of 2010, is amended to
read as follows:
g. "Procurement contract" shall mean any contract or other agreement,
including an amendment, extension, renewal or change order to an exist-
ing contract (other than amendments, extensions, renewals, or change
orders that are authorized and payable under the terms of the contract
as it was finally awarded or approved by the comptroller, as applica-
ble), for an article of procurement involving an estimated annualized
expenditure in excess of [fifteen] FIFTY thousand dollars. Grants, arti-
cle eleven-B state finance law contracts, program contracts between
not-for-profit organizations, as defined in article eleven-B of this
chapter, and the unified court system, intergovernmental agreements,
railroad and utility force accounts, utility relocation project agree-
ments or orders, contracts governing organ transplants, contracts allow-
ing for state participation in trade shows, and eminent domain trans-
actions shall not be deemed procurement contracts.
§ 3. Paragraph g of subdivision 1 of section 139-k of the state
finance law, as amended by chapter 4 of the laws of 2010, is amended to
read as follows:
g. "Procurement contract" shall mean any contract or other agreement,
including an amendment, extension, renewal, or change order to an exist-
ing contract (other than amendments, extensions, renewals, or change
orders that are authorized and payable under the terms of the contract
as it was finally awarded or approved by the comptroller, as applica-
ble), for an article of procurement involving an estimated annualized
expenditure in excess of [fifteen] FIFTY thousand dollars. Grants, arti-
cle eleven-B state finance law contracts, program contracts between
not-for-profit organizations, as defined in article eleven-B of this
S. 9005--A 127 A. 10005--A
chapter, and the unified court system, intergovernmental agreements,
railroad and utility force accounts, utility relocation project agree-
ments or orders, contracts governing organ transplants, contracts allow-
ing for state participation in a trade show, and eminent domain trans-
actions shall not be deemed procurement contracts.
§ 4. This act shall take effect immediately; provided, however that
the amendments to sections 139-j and 139-k of the state finance law made
by sections two and three of this act shall not affect the repeal of
such sections and shall expire and be deemed repealed therewith.
PART CC
Section 1. Subdivision 5 of section 362 of chapter 83 of the laws of
1995 amending the state finance law and other laws relating to bonds,
notes and revenues, as amended by section 1 of part RR of chapter 55 of
the laws of 2021, is amended to read as follows:
5. Sections thirty-one through forty-two of this act shall take effect
on the thirtieth day after it shall have become a law and shall be
deemed to have been in full force and effect on and after April 1, 1995;
provided that section 163 of the state finance law, as added by section
thirty-three of this act shall remain in full force and effect until
June 30, [2026] 2031 at which time it shall expire and be deemed
repealed. Contracts executed prior to the expiration of such section 163
shall remain in full force and effect until the expiration of any such
contract notwithstanding the expiration of certain provisions of this
act.
§ 2. This act shall take effect immediately.
PART DD
Section 1. Subdivision (a) of section 5004 of the civil practice law
and rules, as amended by chapter 831 of the laws of 2021, is amended to
read as follows:
(a) [Interest shall be at the rate of nine per centum per annum,
except where otherwise provided by statute; provided] NOTWITHSTANDING
ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, INCLUDING ANY
LAW OR REGULATION THAT LIMITS THE ANNUAL RATE OF INTEREST TO BE PAID ON
A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE OF INTEREST TO BE PAID ON A
JUDGMENT OR ACCRUED CLAIM SHALL BE CALCULATED AT THE ONE-YEAR UNITED
STATES TREASURY BILL RATE. FOR PURPOSES OF THIS SECTION, THE "ONE-YEAR
UNITED STATES TREASURY BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR
CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE
OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES; PROVIDED HOWEVER, THAT
THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF THE TAX LAW WHICH
PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON A JUDGMENT OR
ACCRUED CLAIM. PROVIDED, HOWEVER, the annual rate of interest to be paid
in an action arising out of a consumer debt where a natural person is a
defendant shall be two per centum per annum (i) on a judgment or accrued
claim for judgments entered on or after the effective date of [the]
chapter EIGHT HUNDRED THIRTY-ONE of the laws of two thousand twenty-one
[which amended this section], and (ii) for interest upon a judgment
pursuant to section five thousand three of this article from the date of
the entry of judgment on any part of a judgment entered before the
effective date of [the] chapter EIGHT HUNDRED THIRTY-ONE of the laws of
S. 9005--A 128 A. 10005--A
two thousand twenty-one [which amended this section] that is unpaid as
of such effective date.
§ 2. Section 16 of the state finance law, as amended by chapter 681 of
the laws of 1982, is amended to read as follows:
§ 16. Rate of interest on judgments and accrued claims against the
state. The rate of interest to be paid by the state upon any judgment
or accrued claim against the state shall [not exceed nine per centum per
annum] BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY BILL RATE.
FOR THE PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED STATES TREASURY
BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY
YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE
SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE
JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE
OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM.
§ 3. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2026.
PART EE
Section 1. Section 167-a of the civil service law, as amended by
section 1 of part I of chapter 55 of the laws of 2012, is amended to
read as follows:
§ 167-a. Reimbursement for medicare premium charges. 1. Upon exclusion
from the coverage of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program, an amount
equal to the STANDARD MEDICARE premium charge for such supplementary
medical insurance benefits for such active or retired employee and [his
or her] SUCH EMPLOYEE'S dependents, if any, shall be paid monthly or at
other intervals to such active or retired employee from the health
insurance fund. THERE SHALL BE NO PAYMENT FOR THE INCOME RELATED MONTHLY
ADJUSTMENT AMOUNT INCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWEN-
TY-SIX TO ANY ACTIVE OR RETIRED EMPLOYEE AND SUCH EMPLOYEE'S DEPENDENTS,
IF ANY. Where appropriate, such STANDARD MEDICARE PREMIUM amount may be
deducted from contributions payable by the employee or retired employee;
or where appropriate in the case of a retired employee receiving a
retirement allowance, such STANDARD MEDICARE PREMIUM amount may be
included with payments of [his or her] SUCH EMPLOYEE'S retirement allow-
ance. All state employer, employee, retired employee and dependent
contributions to the health insurance fund, including contributions from
public authorities, public benefit corporations or other quasi-public
organizations of the state eligible for participation in the health
benefit plan as authorized by subdivision two of section one hundred
sixty-three of this article, shall be adjusted as necessary to cover the
cost of reimbursing federal old-age, survivors and disability insurance
program premium charges under this section. This cost shall be included
in the calculation of premium or subscription charges for health cover-
age provided to employees and retired employees of the state, public
authorities, public benefit corporations or other quasi-public organiza-
tions of the state; provided, however, the state, public authorities,
public benefit corporations or other quasi-public organizations of the
state shall remain obligated to pay no less than its share of such
increased cost consistent with its share of premium or subscription
charges provided for by this article. All other employer contributions
S. 9005--A 129 A. 10005--A
to the health insurance fund shall be adjusted as necessary to provide
for such payments.
2. (A) ON DECEMBER FIRST, TWO THOUSAND TWENTY-SEVEN, THE DEPARTMENT
SHALL PROVIDE A PREMIUM REFUND TO ELIGIBLE STATE RETIREES. FOR THE
PURPOSES OF THIS SECTION, "ELIGIBLE STATE RETIREES" SHALL BE DEFINED AS
RETIREES WHO RETIRED:
(I) ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED EIGHTY-THREE BUT PRIOR
TO JANUARY FIRST, TWO THOUSAND TWELVE; AND
(II) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE FROM A TITLE ALLO-
CATED OR EQUATED TO SALARY GRADE NINE OR BELOW. THE AMOUNT OF THE ANNUAL
PREMIUM REFUND SHALL BE FIFTY PER CENTUM OF THE AMOUNT REIMBURSED BY THE
DEPARTMENT TO ENROLLEES FOR INCOME RELATED MONTHLY ADJUSTMENT AMOUNTS
FOR SUPPLEMENTARY MEDICAL INSURANCE FOR CALENDAR YEAR TWO THOUSAND TWEN-
TY-FIVE DIVIDED BY THE NUMBER OF ELIGIBLE STATE RETIREES.
(B) ON DECEMBER FIRST, TWO THOUSAND TWENTY-EIGHT AND DECEMBER FIRST OF
EACH YEAR THEREAFTER, THE DEPARTMENT SHALL PROVIDE AN ANNUAL PREMIUM
REFUND TO ELIGIBLE STATE RETIREES. THE AMOUNT OF THE REFUND SHALL BE THE
PREMIUM REFUND PROVIDED IN THE PRIOR YEAR INCREASED BY THE RATE OF
CHANGE FOR THE MOST RECENT TWELVE-MONTH PERIOD ENDING IN SEPTEMBER OF
THAT YEAR IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS ON A
NATIONAL AND SEASONALLY UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX
AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR.
§ 2. This act shall take effect immediately and shall apply on January
1, 2026 for the income related monthly adjustment amount incurred on or
after January 1, 2026.
PART FF
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. Local government records management account (20501).
2. Child health plus program account (20810).
3. EPIC premium account (20818).
4. Transit authorities account (20851).
5. Railroad account (20852).
6. Non-MTA capital account (20853).
7. Education - New (20901).
8. VLT - Sound basic education fund (20904).
9. Sewage treatment program management and administration fund
(21000).
10. Utility environmental regulatory account (21064).
11. Federal grants indirect cost recovery account (21065).
12. Low level radioactive waste account (21066).
13. Environmental regulatory account (21081).
14. Natural resource account (21082).
15. Environmental protection and oil spill compensation fund (21200).
16. Public transportation systems account (21401).
17. Metropolitan mass transportation (21402).
18. Operating permit program account (21451).
19. Mobile source account (21452).
20. New York state thruway authority account (21905).
21. Financial control board account (21911).
22. Regulation of racing account (21912).
23. State university dormitory income reimbursable account (21937).
S. 9005--A 130 A. 10005--A
24. Training, management and evaluation account (21961).
25. Clinical laboratory reference system assessment account (21962).
26. Indirect cost recovery account (21978).
27. Multi-agency training account (21989).
28. Bell jar collection account (22003).
29. Real property disposition account (22006).
30. Parking account (22007).
31. Courts special grants (22008).
32. Batavia school for the blind account (22032).
33. Financial oversight account (22039).
34. Regulation of Indian gaming account (22046).
35. Rome school for the deaf account (22053).
36. Administrative adjudication account (22055).
37. Cultural education account (22063).
38. DHCR mortgage servicing account (22085).
39. Voting Machine Examinations account (22099).
40. DHCR-HCA application fee account (22100).
41. Restitution account (22134).
42. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
43. Deferred compensation administration account (22151).
44. Transportation aviation account (22165).
45. New York State Campaign Finance Fund account (22211).
46. New York state medical indemnity fund account (22240).
47. Behavioral health parity compliance fund (22246).
48. Pharmacy benefit manager regulatory fund (22255).
49. Virtual currency assessments account (22262).
50. Employers assessment account (22269).
51. State university general income offset account (22654).
52. Highway safety program account (23001).
53. NYCCC operating offset account (23151).
54. Commercial gaming revenue account (23701).
55. Commercial gaming regulation account (23702).
56. New York state secure choice administrative account (23806).
57. New York state cannabis revenue fund (24800).
58. Fantasy sports administration account (24951).
59. Mobile sports wagering fund (24955).
60. Highway and bridge capital account (30051).
61. State university residence hall rehabilitation fund (30100).
62. State parks infrastructure account (30351).
63. Hazardous waste cleanup account (31506).
64. Youth facilities improvement account (31701).
65. Housing assistance fund (31800).
66. Housing program fund (31850).
67. Highway facility purpose account (31951).
68. New York racing account (32213).
69. Information technology capital financing account (32215).
70. New York environmental protection and spill remediation account
(32219).
71. Department of financial services IT modernization capital account
(32230).
72. Grants Reimbursement from Non-Federal Entity Account (32231).
73. Fire Island project account (32232).
74. Mental hygiene facilities capital improvement fund (32300).
75. Correctional facilities capital improvement fund (32350).
76. OGS convention center account (50318).
S. 9005--A 131 A. 10005--A
77. Empire Plaza Gift Shop (50327).
78. Unemployment Insurance Benefit Fund, Interest Assessment Account
(50651).
79. Centralized services fund (55000).
80. Archives records management account (55052).
81. Federal single audit account (55053).
82. Civil service administration account (55055).
83. Banking services account (55057).
84. Cultural resources survey account (55058).
85. Neighborhood work project account (55059).
86. Automation & printing chargeback account (55060).
87. Data center account (55062).
88. Intrusion detection account (55066).
89. Domestic violence grant account (55067).
90. Centralized technology services account (55069).
91. Labor contact center account (55071).
92. Human services contact center account (55072).
93. Department of law civil recoveries account (55074).
94. Executive direction internal audit account (55251).
95. CIO Information technology centralized services account (55252).
96. Health insurance internal service account (55300).
97. Civil service employee benefits division administrative account
(55301).
98. Correctional industries revolving fund (55350).
99. Employees health insurance account (60201).
100. Medicaid management information system escrow fund (60900).
101. Animal shelter regulation account.
102. Climate initiative account.
103. Responsible AI Safety and Education account.
104. Data broker 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, 2027, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
2. $19,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
S. 9005--A 132 A. 10005--A
3. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
Education:
1. $2,455,000,000 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. $1,106,000,000 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. $137,600,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to education
pursuant to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
4. $1,456,000,000 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. $16,000,000 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. $50,000,000 from the cannabis revenue fund cannabis education
account (24801), to the state lottery fund, education account (20901),
as reimbursement for disbursements made from such fund for supplemental
aid to education pursuant to section 99-ii of the state finance law.
7. An amount up to the unencumbered balance in the fund on March 31,
2026 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.
8. 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.
9. $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).
10. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Batavia school for the blind account (22032).
11. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Rome school for the deaf account (22053).
12. $80,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service.
S. 9005--A 133 A. 10005--A
13. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
14. $24,000,000 from any of the state education department's special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
15. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
16. $8,000,000 from the general fund to the miscellaneous special
revenue fund, HESC-insurance premium payments account (21960).
17. $358,000,000 from the state university income fund, state univer-
sity hospitals income reimbursable account (22656), and the state
university income fund, state university-wide hospital reimbursable
account (22658) to the General Fund for the payment of SUNY Hospitals
Health Insurance premiums on or before March 31, 2027.
18. $5,000,000 from the general fund to the miscellaneous capital
projects fund, state university of New York green energy loan fund.
19. $12,000,000 from the miscellaneous special revenue fund office of
professions account (22051) to the miscellaneous special revenue fund
cultural education account (22063).
20. $150,000 from the dedicated miscellaneous special revenue fund,
gifts for the state library system account (23821) to the miscellaneous
special revenue fund, love your library account (22119).
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the environmental conservation special revenue fund, federal indirect
recovery account (21065).
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the conservation fund (21150) or Marine Resources Account (21151) as
necessary to avoid diversion of conservation funds.
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
4. $125,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
5. $10,000,000 from the general fund to the hazardous waste remedial
fund, hazardous waste cleanup account (31506).
6. 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.
7. $7,000,000 from the general fund to the enterprise fund, state fair
account (50051).
8. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
9. $14,000,000 from the general fund to the miscellaneous special
revenue fund, patron services account (22163).
10. $15,000,000 from the enterprise fund, golf account (50332) to the
state park infrastructure fund, state park infrastructure account
(30351).
11. $10,000,000 from the general fund to the environmental protection
and oil spill compensation fund (21203).
S. 9005--A 134 A. 10005--A
12. $250,000 from the general fund to the Lake George park account
(22751).
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. $225,300,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
5. $2,500,000 from any of the office of temporary and disability
assistance special revenue funds to the miscellaneous special revenue
fund, office of temporary and disability assistance program account
(21980).
6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $205,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
8. $788,000 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. $7,000,000 from the general fund to the housing program fund
(31850).
12. $15,000,000 from any of the office of children and family services
special revenue federal funds to the office of court administration
special revenue other federal iv-e funds account.
13. $10,000,000 from any of the office of children and family services
special revenue federal funds to the office of indigent legal services
special revenue other federal iv-e funds account.
General Government:
1. $12,000,000 from the general fund to the health insurance revolving
fund (55300).
2. $292,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
3. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
4. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
S. 9005--A 135 A. 10005--A
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. $3,828,000 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. $36,000,000 from the general fund to the internal service fund,
business services center account (55022).
13. $9,500,000 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. 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.
16. $6,000,000 from the miscellaneous special revenue fund, standards
and purchasing account (22019), to the general fund.
17. $12,400,000 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.
18. $17,000,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund (24800), to the miscellaneous capital
projects fund, Cannabis IT subfund.
19. $12,400,000 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. $1,550,000 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. $4,650,000 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.
22. $30,000,000 from the miscellaneous special revenue fund, workers'
compensation account (21995), to the miscellaneous capital projects
fund, workers' compensation board IT business process design fund
(32218).
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
S. 9005--A 136 A. 10005--A
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. $126,000,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
8. $6,550,000 from the general fund to the medical cannabis trust
fund, health operation and oversight account (23755).
9. An amount up to the unencumbered balance from the charitable gifts
trust fund, health charitable account (24900), to the general fund, for
payment of general support for primary, preventive, and inpatient health
care, dental and vision care, hunger prevention and nutritional assist-
ance, and other services for New York state residents with the overall
goal of ensuring that New York state residents have access to quality
health care and other related services.
10. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund (24800), to the miscellaneous special reven-
ue fund, environmental laboratory fee account (21959).
11. An amount up to the unencumbered balance from the public health
emergency charitable gifts trust fund (23816), to the general fund, for
payment of goods and services necessary to respond to a public health
disaster emergency or to assist or aid in responding to such a disaster.
12. $1,000,000,000 from the general fund to the health care transfor-
mation fund (24850).
13. $2,590,000 from the miscellaneous special revenue fund, patient
safety center account (22139), to the general fund.
14. $1,000,000 from the miscellaneous special revenue fund, nursing
home receivership account (21925), to the general fund.
15. $130,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
16. $2,200,000 from the miscellaneous special revenue fund, adult home
quality enhancement account (22091), to the general fund.
17. $8,467,000 from the general fund, to the miscellaneous special
revenue fund, helen hayes hospital account (22140).
18. $1,303,000 from the general fund, to the miscellaneous special
revenue fund, New York city veterans' home account (22141).
19. $606,000 from the general fund, to the miscellaneous special
revenue fund, New York state home for veterans' and their dependents at
oxford account (22142).
20. $334,000 from the general fund, to the miscellaneous special
revenue fund, western New York veterans' home account (22143).
S. 9005--A 137 A. 10005--A
21. $1,636,000 from the general fund, to the miscellaneous special
revenue fund, New York state for veterans in the lower-hudson valley
account (22144).
22. $750,000,000 from the general fund, to the miscellaneous special
revenue fund, healthcare stability fund account (22267).
23. $5,000,000 from the general fund to the occupational health clin-
ics account (22177).
24. $13,000 from the miscellaneous special revenue fund, veterans home
assistance account (20208), to the miscellaneous special revenue fund,
New York city veterans' home account (22141).
25. $13,000 from the miscellaneous special revenue fund, veterans home
assistance account (20208), to the miscellaneous special revenue fund,
New York state home for veterans' and their dependents at oxford account
(22142).
26. $13,000 from the miscellaneous special revenue fund, veterans
assistance account (20208), to the miscellaneous special revenue fund,
western New York veterans' home account (22143).
27. $13,000 from the miscellaneous special revenue fund, veterans
assistance account (20208), to the miscellaneous special revenue fund,
New York state for veterans in the lower-Hudson valley account (22144).
28. $13,000 from the miscellaneous special revenue fund, veterans
assistance account (20208), to the state university income fund, Long
Island Veterans' Home Account (22652).
29. $159,000,000 from the miscellaneous special revenue fund, health-
care stability fund account (22267) to the HCRA resources fund, HCRA
program account (20807).
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).
5. $22,000,000 from the miscellaneous special revenue fund, Interest
and Penalty Account (23601), to the Training and Education Program on
Occupation Safety and Health Fund, OSHA Training and Education Account
(21251).
6. $1,000,000 from the miscellaneous special revenue fund, Public Work
Enforcement account (21998), to the Training and Education Program on
Occupation Safety and Health Fund, OSHA Training and Education Account
(21251).
7. $4,000,000 from the miscellaneous special revenue fund, Public Work
Enforcement account (21998), to the Training and Education Program on
Occupational Safety and Health Fund, OSHA Inspection Account (21252).
Mental Hygiene:
1. $60,000,000 from the general fund, to the mental hygiene facilities
capital improvement fund (32300).
2. $20,000,000 from the opioid settlement fund (23817) to the miscel-
laneous capital projects fund, opioid settlement capital account
(32200).
S. 9005--A 138 A. 10005--A
3. $20,000,000 from the miscellaneous capital projects fund, opioid
settlement capital account (32200) to the opioid settlement fund
(23817).
Public Protection:
1. $2,587,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
2. $23,773,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
3. $2,000,000,000 from any of the division of homeland security and
emergency services special revenue federal funds to the general fund.
4. $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.
5. $138,272,000 from the general fund to the correctional facilities
capital improvement fund (32350).
6. $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.
7. $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
8. $9,830,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
9. $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
10. $7,980,000 from the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
11. $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.
12. $38,938,000 from the general fund to the miscellaneous special
revenue fund, criminal justice improvement account (21945).
13. $6,000,000 from the general fund to the miscellaneous special
revenue fund, hazard mitigation revolving loan account (22266).
14. $234,000,000 from the indigent legal services fund, indigent legal
services account (23551) to the general fund.
Transportation:
1. $20,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $243,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
4. $477,000 from the miscellaneous special revenue fund, traffic adju-
dication account (22055), to the general fund.
5. $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:
S. 9005--A 139 A. 10005--A
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
4. $100,000,000 from any special revenue federal fund to the general
fund, state purposes account (10050).
5. An amount up to the unencumbered balance from the special revenue
federal fund, ARPA-Fiscal Recovery Fund (25546) to the general fund.
6. $1,500,000,000 from the general fund to the hazardous waste remedi-
al fund, hazardous waste cleanup account (31506), State parks infras-
tructure 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
improvement 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, 2027:
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 $5,000,000 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, 2027, 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. 9005--A 140 A. 10005--A
§ 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 their desig-
nee, on or before March 31, 2027, 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 their desig-
nee, on or before March 31, 2027, 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 their 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, 2027.
§ 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, 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, 2026
through June 30, 2027 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 plan approved by
the director of the budget.
§ 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 $1,590,638,500 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2026 through June 30, 2027 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 $25,000,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of April 1, 2026 through June 30, 2026 to support operations at
the state university.
§ 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 $51,120,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2026 to June 30, 2027 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. 9005--A 141 A. 10005--A
§ 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 their 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, 2027.
§ 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 their 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 their 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, 2027.
§ 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 their 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 $125 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 $1,000,000,000 from the unencumbered balance of any special reven-
ue fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2026-27 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
S. 9005--A 142 A. 10005--A
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 $10,000,000 for the state fiscal
year commencing April 1, 2026, 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, 2026, the proceeds of which will be utilized to
support programs established or implemented by or within the department
of labor, including but not limited to the office of just energy transi-
tion and programs for workforce training and retraining, to prepare
workers for employment for work in the renewable energy field.
§ 21. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to contribute $913,000 to the state treasury
to the credit of the general fund on or before March 31, 2027.
S. 9005--A 143 A. 10005--A
§ 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, 2027 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 23 of part MM of chapter 56 of the laws of 2025, 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-five] TWENTY-SIX, 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
[$1,396,911,000] $1,294,911,000 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-five] TWENTY-SIX.
§ 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, 2027, 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. $1,690,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $219,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $840,000 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $176,000 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $492,000 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. $5,000,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $110,000,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $35,000,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
§ 25. 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, 2027 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,
S. 9005--A 144 A. 10005--A
incurred by the state pursuant to section 53 of part PP of chapter 56 of
the laws of 2023, 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
considered interchangeable between the designated special revenue
accounts as to meet the requirements of this section and section 52 of
part RR of chapter 56 of the laws of 2023:
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).
§ 26. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 32 of part MM of chapter 56
of the laws of 2025, 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 [sixteen billion seven hundred
seventy-seven million nine hundred sixty-four thousand dollars
$16,777,964,000] SEVENTEEN BILLION SIX HUNDRED THIRTY-SEVEN MILLION ONE
HUNDRED SIXTY-FOUR THOUSAND DOLLARS $17,637,164,000, excluding bonds
issued after April first, two thousand twenty-five to (i) fund one or
more debt service reserve funds, (ii) pay costs of issuance of such
bonds, and (iii) refund or otherwise repay such bonds or notes previous-
ly issued, provided that nothing herein shall affect the exclusion of
refunding debt issued prior to such date. 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 appro-
priate or pay the agreed amount under any of the contracts provided for
in subdivision four of this section.
§ 27. 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 53 of part MM of chapter 56 of the laws of 2025, 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 [eleven billion one hundred
seventeen million three hundred fifty-nine thousand dollars
$11,117,359,000] ELEVEN BILLION FIVE HUNDRED THIRTY-SIX MILLION FIVE
HUNDRED FIFTY-NINE THOUSAND DOLLARS $11,536,559,000, excluding bonds
S. 9005--A 145 A. 10005--A
issued after April first, two thousand twenty-five to (i) fund one or
more debt service reserve funds, (ii) pay costs of issuance of such
bonds, and (iii) refund or otherwise repay such bonds or notes previous-
ly issued, provided that nothing herein shall affect the exclusion of
refunding debt issued prior to such date.
§ 28. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 34 of part MM of chapter 56 of
the laws of 2025, 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 [twelve billion three hundred million
three hundred sixty-eight thousand dollars $12,300,368,000] TWELVE
BILLION SIX HUNDRED SEVENTY-ONE MILLION NINE HUNDRED FOUR THOUSAND
DOLLARS $12,671,904,000, excluding bonds issued after April first, two
thousand twenty-five to (i) fund one or more debt service reserve funds,
(ii) pay costs of issuance of such bonds, and (iii) refund or otherwise
repay such bonds or notes previously issued, provided that nothing here-
in shall affect the exclusion of refunding debt issued prior to such
date. 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 agree-
ments with or for the benefit of bondholders which might in any way
affect such right.
§ 29. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 35 of part MM of chapter 56 of the laws of 2025,
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 [four hundred fifty-five million
dollars $455,000,000] FOUR HUNDRED EIGHTY-NINE MILLION DOLLARS
$489,000,000.
S. 9005--A 146 A. 10005--A
§ 30. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 36 of part MM of chapter 56 of
the laws of 2025, 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 [twenty billion nine hundred forty-eight million one hundred
sixty-four thousand dollars $20,948,164,000] TWENTY-ONE BILLION SIX
HUNDRED NINETY-THREE MILLION ONE HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$21,693,164,000, excluding bonds issued after April first, two thousand
twenty-five to (i) fund one or more debt service reserve funds, (ii) pay
costs of issuance of such bonds, and (iii) refund or otherwise repay
such bonds or notes previously issued, provided that nothing herein
shall affect the exclusion of refunding debt issued prior to such date.
The legislature reserves the right to amend or repeal such limit, and
the state of New York, the dormitory authority, the state university of
New York, and the state university construction fund are prohibited from
covenanting or making any other agreements with or for the benefit of
bondholders which might in any way affect such right.
§ 31. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 37 of part MM of chapter 56 of the laws of 2025,
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 four
hundred ninety-five million seven hundred seventy-four thousand dollars
$1,495,774,000] ONE BILLION SIX HUNDRED TWENTY-THREE MILLION EIGHT
HUNDRED EIGHTY-FOUR THOUSAND DOLLARS $1,623,884,000. Such amount shall
be exclusive of bonds and notes issued to fund any reserve fund or
funds, costs of issuance and to refund any outstanding bonds and notes,
issued on behalf of the state, relating to a locally sponsored community
college.
§ 32. 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 38 of part MM
of chapter 56 of the laws of 2025, 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-
S. 9005--A 147 A. 10005--A
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 [thirteen billion six hundred thirty-nine million five hundred
fifty-four thousand dollars $13,639,554,000] FOURTEEN BILLION TWO
HUNDRED NINETY-NINE MILLION FOUR HUNDRED FIFTY-TWO THOUSAND DOLLARS
$14,299,452,000, excluding bonds issued after April first, two thousand
twenty-five to (i) fund one or more debt service reserve funds, (ii) pay
costs of issuance of such bonds, and (iii) refund or otherwise repay
such bonds or notes previously issued, provided that nothing herein
shall affect the exclusion of refunding debt issued prior to such date.
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 previously approved by
the legislature.
§ 33. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the administration of certain
funds and accounts related to the 2002-2003 budget, as amended by
section 39 of part MM of chapter 56 of the laws of 2025, 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 fifty million five hundred thousand dollars
$550,500,000] SEVEN HUNDRED EIGHT MILLION ONE HUNDRED THOUSAND DOLLARS
$708,100,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital costs related to homeland
security and training facilities for the division of state police, the
division of military and naval affairs, and any other state agency,
including the reimbursement of any disbursements made from the state
capital projects fund, and is hereby authorized to issue bonds or notes
in one or more series in an aggregate principal amount not to exceed
[two billion one hundred sixty-eight million three hundred thirty-one
thousand dollars $2,168,331,000] TWO BILLION FIVE HUNDRED TWENTY MILLION
EIGHT HUNDRED SIX THOUSAND DOLLARS $2,520,806,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued, for the purpose of financ-
ing improvements to State office buildings and other facilities located
statewide, including the reimbursement of any disbursements made from
the state capital projects fund. Such bonds and notes of the corporation
shall not be a debt of the state, and the state shall not be liable
thereon, nor shall they be payable out of any funds other than those
appropriated by the state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant to
S. 9005--A 148 A. 10005--A
subdivision (b) of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
§ 34. 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 40 of part MM of chapter 56 of the
laws of 2025, 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 eight
hundred seventy-three million four hundred twelve thousand dollars
$1,873,412,000] TWO BILLION FOUR MILLION ONE HUNDRED TWELVE THOUSAND
DOLLARS $2,004,112,000, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued. Such bonds and notes of the dormitory authority and the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
§ 35. 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 41 of part MM of chapter 56 of the laws of 2025, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of [fifteen
billion eight hundred twenty-two million three hundred eighty-four thou-
sand dollars $15,822,384,000] SIXTEEN BILLION SEVEN HUNDRED FIFTY
MILLION ONE HUNDRED EIGHTY-ONE THOUSAND DOLLARS $16,750,181,000. Such
limit shall exclude bonds issued after April first, two thousand twen-
ty-five to (i) fund one or more debt service reserve funds, (ii) pay
costs of issuance of such bonds, and (iii) refund or otherwise repay
such bonds or notes previously issued, provided that nothing herein
shall affect the exclusion of refunding debt issued prior to such date.
For purposes of this subdivision, such projects shall be deemed to
include capital grants to cities, towns and villages for the reimburse-
ment of eligible capital costs of local highway and bridge projects
within such municipality, where allocations to cities, towns and
villages are based on the total number of New York or United States or
interstate signed touring route miles for which such municipality has
capital maintenance responsibility, and where such eligible capital
S. 9005--A 149 A. 10005--A
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.
§ 36. Subdivision 1 of section 53 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 42 of part MM of chapter 56 of the
laws of 2025, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the acquisition of equipment, including but
not limited to the creation or modernization of information technology
systems and related research and development equipment, health and safe-
ty 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 principal amount
of bonds authorized to be issued pursuant to this section shall not
exceed [six hundred ninety-three million dollars $693,000,000] SEVEN
HUNDRED NINETY-THREE MILLION DOLLARS $793,000,000, 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.
§ 37. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 43 of part MM of chapter 56 of the laws of 2025,
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 [fourteen billion four hundred eighty million eight
hundred sixty thousand dollars $14,480,860,000] SIXTEEN BILLION SIX
HUNDRED FORTY MILLION SIX HUNDRED SIXTY THOUSAND DOLLARS
$16,640,660,000, 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.
§ 38. 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 44 of part MM of chapter 56 of the laws of 2025, 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
S. 9005--A 150 A. 10005--A
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 two hundred seven-
teen million seven hundred fifty-five thousand dollars $1,217,755,000]
ONE BILLION TWO HUNDRED SEVENTY MILLION FIVE HUNDRED EIGHTY THOUSAND
DOLLARS $1,270,580,000, excluding bonds issued after April first, two
thousand twenty-five to (a) fund one or more debt service reserve funds,
(b) to pay costs of issuance of such bonds, and (c) refund or otherwise
repay such bonds or notes previously issued, provided that nothing here-
in shall affect the exclusion of refunding debt issued prior to such
date. Which authorization increases the aggregate principal amount of
bonds, notes and other obligations authorized by section 40 of chapter
309 of the laws of 1996, and shall include all bonds, notes and other
obligations issued pursuant to chapter 211 of the laws of 1990, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the youth facili-
ties improvement fund or the capital projects fund, to pay for all or
any portion of the amount or amounts paid by the state from appropri-
ations or reappropriations made to the office of children and family
services from the youth facilities improvement fund or the capital
projects fund for capital projects.
§ 39. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 45 of part MM of chapter 56 of the laws of 2025, 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
[seventeen billion thirty million twenty-seven thousand dollars
$17,030,027,000] EIGHTEEN BILLION FIVE HUNDRED THIRTY-TWO MILLION THREE
HUNDRED EIGHTY-FIVE THOUSAND DOLLARS $18,532,385,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and to refund or otherwise repay such bonds or
notes previously issued. Such bonds and notes of the authority, the
dormitory authority and the urban development corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the authority, the dormitory authority and the urban develop-
ment corporation for principal, interest, and related expenses pursuant
to a service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
§ 40. Subdivision 1 of section 44 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 46 of part MM of chapter 56 of the
laws of 2025, 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
S. 9005--A 151 A. 10005--A
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 environs, the New York works economic develop-
ment fund, projects for the retention of professional football in west-
ern 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 olympic regional development author-
ity, 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 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 aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [twenty-three billion seven hundred five million two hundred
fifty-three thousand dollars $23,705,253,000] TWENTY-FIVE BILLION TWO
HUNDRED FIFTY-EIGHT MILLION FOUR HUNDRED FIFTY-THREE THOUSAND DOLLARS
$25,258,453,000, 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.
§ 41. 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 47 of part MM of chapter 56 of the laws of 2025, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, one or more
authorized issuers as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [three hundred ninety-seven
million dollars $397,000,000] FOUR HUNDRED FORTY-TWO MILLION DOLLARS
S. 9005--A 152 A. 10005--A
$442,000,000, 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.
§ 42. 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 48 of part MM of chapter 56 of the
laws of 2025, 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 [four hundred forty million three hundred ninety-seven thou-
sand dollars $440,397,000] FOUR HUNDRED EIGHTY-FIVE MILLION NINE HUNDRED
SIXTY THOUSAND DOLLARS $485,960,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued. Such bonds and notes of the dormitory
authority and the urban development corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the urban development corporation for prin-
cipal, interest, and related expenses pursuant to a service contract and
such bonds and notes shall contain on the face thereof a statement to
such effect. Except for purposes of complying with the internal revenue
code, any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds.
§ 43. Subdivision 1 of section 1680-k of the public authorities law,
as amended by section 49 of part MM of chapter 56 of the laws of 2025,
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-one
million one hundred seventy-five thousand dollars $41,175,000] FORTY-ONE
MILLION TWO HUNDRED NINETY THOUSAND DOLLARS $41,290,000, 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 other-
S. 9005--A 153 A. 10005--A
wise repay such bonds or notes previously issued, for the purpose of
financing the construction of the New York state agriculture and markets
food laboratory. Eligible project costs may include, but not be limited
to the cost of design, financing, site investigations, site acquisition
and preparation, 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 author-
ized 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.
§ 44. Subdivision 1 of section 1680-r of the public authorities law,
as amended by section 50 of part MM of chapter 56 of the laws of 2025,
is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the capital restructuring financing program
for health care and related facilities licensed pursuant to the public
health law or the mental hygiene law and other state costs associated
with such capital projects, the health care facility transformation
programs, the essential health care provider program, and other health
care capital project costs. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [six
billion one hundred sixty-eight million dollars $6,168,000,000] SEVEN
BILLION ONE HUNDRED SEVENTY-EIGHT MILLION DOLLARS $7,178,000,000,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the urban development
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
§ 45. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 52 of part MM of chapter 56 of the laws of 2025, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [five
hundred fifty million one hundred thousand dollars $550,100,000] FIVE
HUNDRED SIXTY-TWO MILLION ONE HUNDRED THOUSAND DOLLARS $562,100,000,
excluding bonds issued to finance one or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued, for
S. 9005--A 154 A. 10005--A
the purpose of financing capital projects including IT initiatives for
the division of state police, debt service and leases; and to reimburse
the state general fund for disbursements made therefor. Such bonds and
notes of such authorized issuer shall not be a debt of the state, and
the state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to such authorized
issuer for debt service and related expenses pursuant to any service
contract executed pursuant to subdivision (b) of this section and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
§ 46. Paragraph (b) of subdivision 1 of section 54-b of section 1 of
chapter 174 of the laws of 1968 constituting the urban development
corporation act, as amended by section 56 of part MM of chapter 56 of
the laws of 2025, is amended to read as follows:
(b) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section sixty-seven-b of the state finance law, the dormitory
authority of the state of New York and the corporation are hereby
authorized to issue personal income tax revenue anticipation notes with
a maturity no later than March 31[, 2026] OF THE STATE FISCAL YEAR IN
WHICH SUCH NOTES ARE ISSUED, in one or more series in an aggregate prin-
cipal amount for each fiscal year not to exceed three billion dollars,
and to pay costs of issuance of such notes, for the purpose of temporar-
ily financing budgetary needs of the state. Such purpose shall consti-
tute an authorized purpose under subdivision two of section
sixty-eight-a of the state finance law for all purposes of article
five-C of the state finance law with respect to the notes authorized by
this paragraph. Such notes shall not be renewed, extended or refunded.
For so long as any notes authorized by this paragraph shall be outstand-
ing, the restrictions, limitations and requirements contained in article
five-B of the state finance law shall not apply.
§ 47. Paragraph (b) of subdivision 1 and subdivision 2 of section 67-b
of the state finance law, as amended by section 34 of part P2 of chapter
62 of the laws of 2003, are amended to read as follows:
(b) If state-supported debt is issued to refund or otherwise affect
the refunding, retirement or defeasance of state-supported debt
originally issued on and after April first, two thousand, provided such
refundings are conducted in accordance with section thirteen of article
VII of the state constitution, the calculation of the total outstanding
principal amount of debt shall [exclude] INCLUDE such refunding debt,
and shall [only include] EXCLUDE the amount of prior refunded debt, [as
if it were still outstanding,] in each year until such refunding debt is
finally retired. Notwithstanding the foregoing, the provisions of such
section thirteen of article VII of the state constitution relating to
the maintenance or management of escrow funds and sinking funds shall
only be applicable to state-supported debt issued by the state comp-
troller. If state-supported debt is issued to refund or otherwise affect
the refunding, retirement or defeasance of state-supported debt issued
prior to April first, two thousand, then the amount of such refunding
debt shall be [excluded from] INCLUDED IN the calculation of the total
outstanding principal amount of debt in each year until such refunding
debt is finally retired. In addition, if state-supported debt is retired
or defeased with payments in any fiscal year made by the state that are
not required by mandatory payments, such debt shall be excluded from the
S. 9005--A 155 A. 10005--A
calculation of the total outstanding principal amount of debt, including
retirements or defeasances accomplished on an economic basis.
2. State-supported debt may not be contracted for unless, as of Octo-
ber thirty-first, two thousand one and as of each October thirty-first
thereafter, the total amount of interest, installments of principal,
contributions to sinking funds, and related payments on a cash basis of
accounting for state-supported debt in the immediately preceding fiscal
year is less than the designated percentage of total governmental funds
receipts for such fiscal year. Nothing shall preclude the contracting of
state-supported debt prior to October thirty-first of each year if, in
the immediately preceding fiscal year, the total amount of interest,
installments of principal, contributions to sinking funds, and related
payments was less than the designated percentage of total governmental
funds receipts. This shall include the total amount of payments on such
debt issued on and after April first, two thousand, but shall not
include payments in any fiscal year made by the state to defease or
retire debt not required by mandatory payments nor payments made by the
state for debt issued to refund debt that was issued prior to April
first, two thousand. In addition, if state-supported debt is issued to
refund or otherwise affect the refunding, retirement or defeasance of
state-supported debt originally issued on and after April first, two
thousand, provided such refundings are conducted in accordance with
section thirteen of article VII of the state constitution, the calcu-
lation of the total amount of interest, installments of principal,
contributions to sinking funds, and related payments shall [exclude]
INCLUDE payments made on such refunding debt, and shall [only include]
EXCLUDE the payments on the prior refunded debt, [as if it were still
outstanding,] in each year until such refunding debt is finally retired.
Such designated percentage shall be seven and one-half-tenths of one
percent for fiscal year two thousand--two thousand one, and shall
increase by five-tenths of one percent in fiscal year two thousand one-
-two thousand two, by an additional four-tenths of one percent in fiscal
year two thousand two--two thousand three, and by an additional one-
third of one percent in each of the ten subsequent fiscal years. The
designated percentage for fiscal year two thousand thirteen--two thou-
sand fourteen and for each fiscal year thereafter shall be five percent.
§ 48. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided,
however, that the provisions of sections one, two, three, four, five,
six, seven, eight, fourteen, fifteen, sixteen, seventeen, eighteen,
nineteen, twenty, twenty-one and twenty-two of this act shall expire
March 31, 2027.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through FF of this act shall be
as specifically set forth in the last section of such Parts.